IGA_Buckeye_911_Services_Goodyear_Signed.pdf

INTERGOVERNMENTAL AGREEMENT
BETWEEN
CITY OF GOODYEAR
AND
CITY OF BUCKEYE
FOR
EMERGENCY COMMUNICATIONS AND DISPATCHING SERVICES
This Intergovernmental Agreement (Agreement) is entered into pursuant to A.R.S. §§ 11-
951, et.seq. by and between City of Goodyear, a municipal corporation of the State of
Arizona, and City of Buckeye, a municipal corporation of the State of Arizona, herein
referred to and collectively known as the “parties” for the purpose of providing backup 9-1-
1 emergency communications and dispatching services.
WHEREAS, the City of Goodyear provides emergency communications and dispatching
services in and for the City of Goodyear; and
WHEREAS, the City of Buckeye also provides emergency communications and dispatching
services in and for the City of Buckeye; and
WHEREAS, a 9-1-1 telephone system provides one common number to call to receive
public safety assistance and is intended to assure the caller that his/her request for
assistance will be answered and that the appropriate emergency response agency will be
notified as a result of dialing 9-1-1; and
WHEREAS, the parties desire to formalize an arrangement whereby 9-1-1 calls are properly
routed during specific incidents; and
WHEREAS, it is understood that in the event that 9-1-1 calls are unable to be answered by
either party due to a natural or man-made disaster, sabotage, equipment malfunction or
any other such cause, including but not limited to planned maintenance and training, all
calls will be routed to the other party.

NOW THEREFORE, the parties agree as follows:
I. General Purpose and Authority
The purpose of this Agreement is to ensure the continuity of emergency communications
related to 9-1-1 calls during periods of emergency or planned maintenance/training
events in which either party is temporally unable to provide for its own communications at
its primary facility. Under this Agreement, each party will temporarily provide emergency
communication services on the other party’s behalf and if needed will also provide space
within its communications facility for the other party to operate emergency
communications until normal service can be restored.
II. Conditions
A. The services provided as a result of this Agreement are considered services to
the general public and this Agreement shall not be construed to create an employer-
employee, principal-agent or co-partnership relationship between the parties.
B. The cost of operating each respective agency shall remain the responsibilities of the
respective parties.
C. Each party to this Agreement has limited resources and may not be able to provide
backup service at the same level as the initiating party during the temporary service
period. Neither party makes any guarantees or warranties of any kind to the
other regarding the level of service.
D. Both parties will continually maintain and provide to each respective party a list of
primary contact numbers and any other additional information to facilitate the
intent of this agreement. Within thirty (30) calendar days of the execution of this
agreement, each party agrees to supply the other with a list of names and contact
information for supervisors at their respective facilities. The parties should review
primary contact information on a quarterly basis to ensure primary contact
information is current and accurate. Any changes to contact information should
be forwarded to the other party as soon as possible throughout the term of this
Agreement.
E. Both parties agree to implement electronic keycard access to each other’s facilities
for purposes of this agreement.
F. Both parties agree and understand that they are bound by their own departmental
policies and procedures while operating in an emergency capacity.

G. Both parties agree to develop and implement a mutually agreed upon procedure
guide to make available to their employees in the event an emergency is declared.
III. Procedures
In the event an emergency occurs that results in the inability of either party to provide
emergency communications, dispatching, and/or response to 9-1-1 calls at its own facility,
backup communications services shall be provided by the other party as follows:
A. Scheduled Routine Maintenance or Training
1. The party contemplating a scheduled routine maintenance or training event
(Scheduled Party) shall provide notice to the other party no less than 24 hours prior
to the Scheduled Party need for emergency communications and dispatch services
including 9-1-1 backup services.
2. The notification shall be in the form of both a written email communication to the
other party from the Scheduled Party and a follow-up telephone call from the
Scheduled Party to the other party.
3. After providing notice and at the scheduled time, the Scheduled Party will switch
calls to the other party and upon the switchover the other party shall, to the extent
of its abilities and resources, temporarily provide emergency communications and
dispatch services consisting of the following:
a. Receiving 9-1-1 calls and routine calls for law enforcement response generally
served by the other party.
b. Upon notice of the completion of the scheduled event, emergency
communications and dispatch services shall be switched
back to the Scheduled Party and the other party shall discontinue any
emergency call services on behalf of the Scheduled Party.
B. Non-Scheduled Events/Emergencies
1. The party experiencing a non-scheduled emergency (Emergency Party) event shall
contact the other party and notify the other person of the non-scheduled emergency
event and the inability to provide services as soon as practicable.
a. The emergency notification shall be from the City that is declaring the
emergency to the other city.

b. Once notification is made, the officer in charge in the non-emergency City shall
notify the dispatch supervisor of said emergency and all appropriate
departmental notifications and preparations shall commence.
c. In the event of simultaneous emergencies, no party shall be obligated to
allow the other access to their facility.
d. The parties shall identify the appropriate contact persons to notify during the
emergency in the lists provided pursuant to Section II(D) of this agreement.
2. If feasible, the notification shall be in the form of both a written email
communication to the other party from the Emergency Party and a follow-up
telephone call from the Emergency Party to the other party.
3. The Emergency Party will switch calls to the other party and upon the switchover the
other party shall, to the extent of its abilities and resources, temporarily provide
emergency communications and dispatching services consisting of the following:
a. Receiving 9-1-1 calls for law enforcement response generally served by the
other party.
b. Upon notice of restoration of normal emergency communications services at
the Emergency Party’s primary facility, communications shall be switched back
to the Emergency Party and the other party shall discontinue any emergency
call services on behalf of the Emergency Party.
c. Allow access to the telecommunication building for the Emergency Party’s
employees to use as a temporary facility until normal operations can be
restored at their regular facility.
IV. Term
The term of this Agreement shall be five years from the date the agreement is executed by
the parties hereto. The Agreement may be renewed for an additional five five-year term
upon agreement by both parties with written notice at least 60 days prior to
the expiration of the initial five (5) year term.
Notwithstanding any other provision, either party may terminate this agreement by
providing written notice to the other party of its intent to terminate; such notice of
termination shall be given not less than sixty (60) days prior to the intended termination
date.

V. Mutual Indemnity
Each Party (as "indemnitor") will indemnify, defend and hold harmless the other Party and
its agents, officials and employees from liability from all claims, losses, liability, costs, or
expenses (including reasonable attorney's fees) (hereinafter collectively referred to as
"claims") arising out of the negligent performance of this Agreement, but only to the extent
that such claims result in vicarious/derivative liability to the indemnitee are cause by the
act, omission, negligence, misconduct, or other fault of the indemnitor, its officers ,
officials, agents, employees, or volunteers.
Each party shall indemnify, defend, and hold the other harmless from any and all costs,
expenses, liability, losses, claims, suits, and proceedings of any nature brought against the
other by reason of the indemnifying party’s acts or omissions, provided the same does not
arise out of any negligence, breach of warranty or other breach of duty by the indemnified
party.
VI. Worker’s Compensation
Pursuant to A.R.S. §23-1022(D), for the purposes of workers’ compensation coverage, all
employees of each Party covered by this Agreement shall be deemed to be an employee of
all Parties. The parent agency shall be solely liable for payment of worker's compensation
benefits.
VII. Entire Agreement
This Agreement contains all terms and conditions between the parties relating to the rights
and obligations herein granted. Any modifications concerning this Agreement shall be of
no force and effect unless in writing and executed by all parties.
VIII. Assignment
Neither Party may assign its rights or obligations under this Agreement without the prior
written consent of the other Party, which consent may be granted or withheld in the
discretion of the Party of whom the request is made.
IX. Non-Discrimination
The parties will comply with all applicable state and federal laws, rules, regulations, and
executive orders governing equal employment opportunity, immigration, and
nondiscrimination.
X. Conflict of Interest
Either party may cancel this agreement in accordance with A.R.S. § 38-511.

XI. Governing Law
The laws of the State of Arizona shall govern this Agreement. Venue will be in the Maricopa
County Superior Court. In the event of any litigation or arbitration arising out of this
Agreement, the substantially prevailing Party in such litigation or arbitration shall be
entitled to recover its reasonable attorney fees, expert witness fees and other costs of
litigation.
XII. Notices
All notices shall be sent to the Chief of Police of their respective agencies with a courtesy
copy sent to the City Attorney’s Office for each City. Electronic mail is preferred with a
follow-up copy to be sent via USPS.
We, the undersigned, as authorized representative of the named Party and Agency, do
hereby approve this document. IN WITNESS WHEREOF, the parties hereto have executed
this IGA as of the date of the last signature set forth below (the “Effective Date”).

CITY OF BUCKEYE, an Arizona municipal corporation
_________________________
Doug Sandstrom, City Manager
Date: _______________________
ATTEST: _______________________
Summer Stewart, Buckeye Interim City Clerk
INTERGOVERNMENTAL AGREEMENT DETERMINATION
In accordance with A.R.S. §11-952, this Agreement has been reviewed by the undersigned
who determined that this Agreement is in appropriate form and is within the powers and
authority of the respective parties.
City of Buckeye
By: _________________________
Tosca Henry, City Attorney