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INTERGOVERNMENTAL AGREEMENT FOR
SUPPORT AND MAINTAINING ACCESS TO THE EMERGENCY MANAGEMENT
SOFTWARE TOOL
BETWEEN MARICOPA COUNTY, ARIZONA
AND
ARIZONA STATE UNIVERSITY
This Regional Disaster and Emergency Management Services Intergovernmental 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 Arizona Board of Regents
for and on behalf of Arizona State University, a public agency for purposes of Arizona Revised Statutes
Section 11-951 ("Public Agency").
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. and 15-1625 et seq. to enter into this Agreement.
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 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 definition 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;
e. Advise Public Agency in the development, review, update, publication, and distribution
of an EOP developed by Public Agency;
f. Advise and assist Public Agency with the disaster and emergency management training
of such employees as Public Agency shall designate;
g. Develop and maintain a countywide comprehensive electronic interactive resource
database of government owned and other resources available for use in the event of a disaster;
h. Offer coordination assistance to Public Agency for major events or disasters affecting
Public Agency;
i. In its sole discretion, have the option to act as a backup EOC for partner cities; and
j. Assist Public Agency in the design, development, delivery, and after action reporting of
exercises scheduled by Public Agency to test its disaster response capability.
2. Public Agency Obligations. Public Agency shall have the following responsibilities under this
Agreement:
a. Designate a primary and two (2) alternate point of contacts 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 $5,000.00 or $1,000 for each of Public Agency's college
campuses.
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 rendering of disaster and emergency management services.
Except as otherwise provided herein, any modification 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 term of this Agreement shall commence on the Effective Date and continue until June 30,
2023, unless sooner terminated as provided herein. The Agreement may be terminated by either party
giving written notice of such intention to the other party not less than ninety (90) days prior to June 30 of
the year during which the notice is given, which shall be the effective date of the termination.
7. To the extent provisions of A.R.S. §41-4401 are applicable, all parties warrant to each other that
they will comply with all Federal Immigration laws and regulations that relate to their employees and
that each 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 Article must be included in any contract either party enters
into with any and all of its contractors or subcontractors who 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 attorney's 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 that result 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 authorized volunteers.
9. Pursuant to A.R.S. §23-1022(D), for the purposes of worker's compensation coverage, all
employees of each party covered by this Agreement shall be deemed to be an employee of all parties.
The primary employer shall be solely liable for payment of worker's compensation benefits.
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 such party's 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 as of three (3) days mailing. Notices shall be addressed as follows:
To County to the attention of: To Public Agency to the attention of:
Director Director of Emergency Preparedness
Maricopa County Dept. of Arizona State University
Emergency Management 1551 S. Rural Road
5630 East McDowell Rd Tempe, AZ 85281
Phoenix, AZ 85008
11. If any provision of this Agreement is held by a court of competent jurisdiction or applicable state
or federal law and their implementing regulations to be invalid, void or unenforceable, the remaining
provisions will nevertheless continue in full force and effect.
Dated th . day of 211Uji / 2018 Dated this day of 2018
NichorLuoma Steve Chucri
Associate Vice President Chairman, Board of Supervisors
University Business Services Maricopa County
Arizona State University
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.
Deputy County Attorney
ATTEST:
Fran McCarron
Clerk of the Board