EMERGENCY MGMT SOFTWARE TOOL IGA 6-5-2014.DOCX

INTERGOVERNMENTAL AGREEMENT FOR
SUPPORT AND MAINTAINING ACCESS TO THE EMERGENCY MANAGEMENT SOFTWARE
TOOL
BETWEEN MARICOPA COUNTY, ARIZONA
AND THE
MARICOPA COUNTY COMMUNITY COLLEGE DISTRICT
This Regional Disaster and Emergency Management Services Agreement ("Agreement")
goes into effect on the 1st day of July 2014 (the "Effective Date"), by and between Maricopa County, a
political subdivision of the State of Arizona ("County"), and the Maricopa County Community College
District, , a political subdivision of the State of Arizona ("Public Agency").
STATUTORY AUTHORIZATION
County is empowered by Arizona Revised Statutes §§11-951 et seq. and 26-308-B to enter into
this Agreement. Public Agency is authorized under Arizona Revised Statutes §§11-951 et seq. and 15-1444-B-4
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. Prepare and maintain a county Emergency Operations Plan or Plans ("EOP") with due
consideration of hazards that affect all areas in the County;
b. Facilitate Public Agency with the disaster and emergency management training of such
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employees as Public Agency shall designate;
c. Provide and maintain, and issue access to a comprehensive emergency management software tool
to expedite the emergency operations center processes;
d. Provide assistance in obtaining Federal or State funds available to Public Agency for emergency
management and disaster purposes related to Public Assistance Recovery;
e. Advise and assist Public Agency in the timely preparation of reports and other papers required
by the state or federal governments for Public Assistance Recovery purposes
f. Offer coordination assistance to Public Agency in the event of a disaster affecting Public Agency
g. Participate as requested by Public Agency in exercises scheduled by Public Agency to test its
disaster response capability;
h. Notify Public Agency of its annual assessment for each upcoming fiscal year no later than
March 1 of the Preceding Fiscal Year;
i. Provide Public Agency a not to exceed 32 hours of development production per year. If Public
Agency exceeds the allotted hours, the rate for development is $87.27 per hour
2. Public Agency Obligations.
Public Agency shall have the following responsibilities under this Agreement:
a. Develop, publish and distribute an EOP which is complementary to and compatible with
County's EOP;
b. Develop and conduct such emergency management training programs and exercises as it deems
necessary;
c. Collect and provide disaster and emergency management information when so required by the
state or federal government;
d. Designate a primary and 2 alternate point of contacts to coordinate initial setup and ongoing
maintenance of the EM tool.
e. Identify and provide Public Agency Users that will have authorized use of emergency management
tool. Notify when access changes should be made in regards to Public Agency Users no longer
authorized to use the tool.
f. 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 or one thousand dollars per college including the District
Office determined by this agreement.
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.
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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 t o t h e e x t e n t r e q u i r e d b y 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, 2018,
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 Party 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 Patty 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 or
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 volunteers.
9. Pursuant to A.R.S. §23-1 022(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 parent agency 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
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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 District Emergency Manager
Maricopa County Dept. of Maricopa County Community College District
Emergency Management 2411 W. 14th Street
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 this_ day of ,, 20_ Dated this day of ,, 20_
Margaret E. McConnell
Assistant General Counsel
Maricopa County Community College For
District County: TBD
Chairman, Board of Supervisors
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.
Lee Combs David Benton
General Counsel Deputy County Attorney
ATTEST _
Fran McCarroll
City Clerk Clerk of the Board
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