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INTERGOVERNMENTAL AGREEMENT FOR
SUPPORT AND MAINTAINING ACCESS TO THE EMERGENCY MANAGEMENT SOFTWARE
TOOL
BETWEEN MARICOPA COUNTY, ARIZONA
AND THE
CITY OF PHOENIX
This Regional Disaster and Emergency Management Services Agreement ("Agreement")
goes into effect on July 1, 2018 (the "Effective Date"), by and between Maricopa County, a political
subdivision of the State of Arizona ("County"), and the City of Phoenix a political subdivision of the State
of Arizona ("Public Agency"). County and Public Agency are sometimes referred to, herein, collectively
as "Parties," or individually as "Party."
STATUTORY
AUTHORIZATION
County is empowered by Arizona Revised Statutes §§11-951 et seq. and 26-308(A) and (B) to
enter into this Agreement. Public Agency is authorized under Arizona Revised Statutes §§11-951 et seq.
BACKGROUND
WHEREAS, there is an existing possibility of the occurrence of disasters of unprecedented
size and destructiveness resulting from natural, technological, national security or other causes; and,
WHEREAS, the Parties mutually desire that preparation shall be adequate to provide for
the common defense against disaster; and,
WHEREAS, the Parties mutually desire to assure the coordinated preparation and execution
of emergency management programs and plans for the preservation of life and property when disasters occur
in accordance with the guidance set forth in the Robert T. Stafford Disaster Relief and Emergency
Assistance Act, Public Law 93-288, as amended, 42 U.S.C. §§5121-5207; Post Katrina Emergency
Management Reform Act of 2006, Public Law 109-295; applicable Federal Emergency Management
Guides and Directives; and applicable State of Arizona and Public Agency Emergency Plans:
NOW, THEREFORE, in consideration of the mutual covenants contained herein, it is
hereby agreed by and between County and Public Agency as follows:
DEFINITIONS
1. For purposes of this Agreement, the term "public agency" shall have the same defmition as that
contained in A.R.S. §11-951.
2. "Participating Public Agencies" means those public agencies, which have active agreements for
Disaster and Emergency Management Services with County.
TERMS OF AGREEMENT
1. County Obligations.
The County shall have the following obligations under this Agreement:
a. Provide and maintain, and issue access to a comprehensive emergency management software tool
to expedite the emergency operations center processes;
b. Provide technical support to Public Agency to support emergency operations and
planned events where the emergency management software tool is used;
c. Provide training, as needed, to Public Agency personnel on the use of the emergency
management software tool;
d. Notify Public Agency of its annual assessment for each upcoming fiscal year no later than
March 1 of the Preceding Fiscal Year;
2. ublic Agency Obligations.
Public Agency shall have the following responsibilities under this Agreement:
a. Designate a primary and two alternate points of contact to coordinate initial setup and ongoing
maintenance of the emergency management software tool.
b. Identify and provide Public Agency Users that will have authorized use of the emergency
management software tool. Notify County when access changes should be made in regards to
Public Agency Users no longer authorized to use the tool.
c. During each fiscal year (July 1 to June 30) of the term of this Agreement, pay to County an
annual assessment of a flat rate of $10,000.
3. This Agreement supersedes any and all agreements, either written or oral, between the Parties hereto
with respect to the subject matter contained herein and contains all the covenants and agreements
between the Parties with respect to the provision of a comprehensive emergency management software
tool. Except as otherwise provided herein, any modification to this Agreement must be in writing
signed by authorized representatives of both Parties.
4. The Parties acknowledge that this Agreement is subject to cancellation pursuant to A.R.S. § 38-511.
5. In the event of any controversy, which may arise out of this Agreement, the Parties agree that the
matter shall be arbitrated to the extent required by A.R.S. § 12-1518(A). The method of arbitration
and the selection of arbitrators shall be decided by the mutual agreement of the Parties at such time
as arbitration services are needed. This Agreement shall be governed by and construed in accordance
with the laws of the State of Arizona.
6. The teim of this Agreement shall commence on the Effective Date July 1, 2018 and continue until
June 30, 2019, unless sooner terminated as provided herein. The Agreement may be terminated by
either Party, without cause, giving written notice of such intention to the other Party not less than
ninety (90) days prior to June 30 of the fiscal year during which the notice is given, which shall be the
effective date of the termination. Upon termination by either Party, a pro-rated refund of the annual
assessment will be paid to Public Agency based upon the number of days that Public Agency will no
longer have access to the comprehensive emergency management software tool during that fiscal year.
7. To the extent provisions of A.R.S. § 41-4401 are applicable, each Party warrants to the other that it will
comply with all Federal Immigration laws and regulations that relate to their employees and that each
Party now complies with the E-Verify Program under A.R.S. § 23-214(A).
a. A breach of this warranty will be considered a material breach of this Agreement and may subject
the breaching Party to penalties, up to and including termination of this Agreement.
b. All of the Parties retain the legal right to inspect the papers of any employee who works, pursuant
to this Agreement, or any related subcontract, to ensure compliance with the warranty given above.
c. Any Party may conduct a random verification of the employment records of any other Party to
ensure compliance with this warranty.
d. A Party will not be considered in material breach of this Agreement if it establishes that it has
complied with the employment verification provisions prescribed by 8 USCA § 1324(a) and (b) of
the Federal Immigration and Nationality Act and the E-Verify requirements prescribed by
A.R.S. § 23-214(A).
e. The provisions of this Paragraph 7 must be included in any contract either Party enters into with
any and all of its contractors or subcontractors that provide services under this Agreement.
8. Each Party (as "Indemnitor") agrees to indemnify, defend, and hold harmless the other Party (as
"indemnitee") from and against any and all claims, losses, liability, costs, or expenses (including
reasonable attorneys' fees) (hereinafter collectively referred to as "claims") arising out of bodily injury
of any person (including death), or property damage, but only to the extent that such claims resulting in
vicarious/derivative liability to the indemnitee are caused by the act, omission, negligence, misconduct,
or other fault of the indemnitor, its officers, officials, agents, employees, or volunteers.
9. 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 the
other Party. In accord with A.R.S. § 23-1022(D), the primary employer shall be solely liable for
payment of workers' compensation benefits to its employees.
10. Any notices required or permitted to be given hereunder by either Party to the other may be given
by personal delivery in writing, or by registered or certified mail, postage prepaid, with return receipt
requested. Notices shall be addressed to the Parties at the addresses appearing below, but each Party
may change its address by written notice given in accordance with this Paragraph. Notices delivered
personally will be deemed communicated as of actual receipt; mailed notices will be deemed
communicated three (3) days after the postmark date. Notices shall be addressed as follows:
To County to the attention of: To Public Agency to the attention of:
Director Emergency Management Director
Maricopa County Dept. of City of Phoenix
Emergency Management 200 W. Washington
5630 East McDowell Rd Phoenix, AZ 85003-2299
Phoenix, AZ 85008
11. If any provision of this Agreement is held by a court of competent jurisdiction, or if any applicable
state or federal law and implementing regulations are held to be invalid, void or unenforceable, the
remaining provisions of this Agreement will nevertheless continue in full force and effect.
IN WITNESS WHEREOF, the Parties have executed this Agreement by each having its authorized
representative(s) affix his/her signature below:
CITY CUPHOENDC, a municipal corporation
Ed Zuercher, City Manager
By:,' ( By:
Lisa Jones For County:
Director, Steve Chucri
Office of Homeland Security and Emergency Management Chairman, Board of Supervisors
Date: Date:
The undersigned attorneys for the respective Parties each hereby certify that they have reviewed this
Agreement and find that it is in proper form, and within the power and authority granted to their
respective clients under the laws of the State of Arizona.
APPROVED AS TO FORM:
_....4r—e
ACTING City Attorney, CI of P i Deputy County Attorney
1JULG: Date:
ATTEST:
oenix Obi elfs.tk Fran McCarron
Clerk of the Board