MARICOPA COUNTY IGA.PDF

AG. Contract No. __CTY 14-0008-ASF-SFO______
ARIZONA STATE FORESTER’S
COOPERATIVE INTERGOVERNMENTAL AGREEMENT
This Cooperative Agreement is made by and between _____Maricopa County___ (County), and the State Forester.
This Agreement supersedes all previous Cooperative Agreements and will be effective for a period of (4) four-years
from the date of final signature, unless this Agreement violates any Arizona law, rule or regulation, either now enacted
or which may be enacted in the future. This Agreement shall be reviewed every (2) two years at a meeting of both
parties to assess continuing necessity and viability. This Agreement will be automatically renewed for successive
periods of (4) four-years unless either party shall give notice in writing to the other not less than (30) thirty days nor
more than (90) ninety days prior to the initial or renewed expiration date. Further, this Agreement may be cancelled by
either Party at any time upon (30) thirty-day written notice to the other party. At the termination of this Agreement, each
party shall return to the other party any equipment belonging to that party.
.
RECITALS:
WHEREAS the County and State Forester wish to enter into a Cooperative Agreement for the protection of forests and
wildlands, and assistance with fire and nonfire national, state, and county emergencies and multiagency logistical
support in this state and other states;
WHEREAS the State Forester and the County have a duty and responsibility to respond to wildland fire and other
nonfire national, state and county emergencies;
WHEREAS the State Forester is authorized to enter this Cooperative Intergovernmental Agreement under A.R.S.
Sections 37-623(F) and 37-623.02,
WHEREAS the County is authorized to conduct the following under this Cooperative Intergovernmental Agreement
under A.R.S. 11-251.61 and .63 and 26-308,
WHEREAS it is an Intergovernmental Agreement entered into pursuant to A.R.S.§11-952; and
NOW THEREFORE, the parties to this agreement do hereby agree as follows:
1. THE STATE AGREES:
A. To pay and reimburse the County for County resources used for incident support, and other incident
related activities within the State’s jurisdiction at the rates established per the Cooperative Fire Rate
Agreement (State Form FM104) on file with the State Forester;
B. To reimburse the County under an approved Federal Emergency Management Agency Fire
Management Assistance Grant (FMAG) for eligible costs relating to Essential Assistance as
described under Subpart C, 204.42, CFR 44 and Section 403 Robert T. Stafford Disaster Relief and
Emergency Assistance Act 42 U.S.C. 5121. These costs are commonly known as Category B
expenses and must be incurred during the declared emergency period as defined in the grant
declaration. Under an approved FMAG, the State shall reimburse the county 90% (75% Federal
share, 15% State share) of its eligible costs. The remaining 10% cost share is borne by the County.
C. That resource orders originating from the County and ordered through the County Emergency
Operation Center will be considered potential Category B expenses.
D. That resource orders originating from the Incident and ordered through the State Forestry Dispatch
Center will be considered potential Category H (direct fire fighting) expenses.
E. To provide State Forestry resources and resources under State Forestry agreement to the County
for wildland fire suppression, pre-suppression, and for unplanned all-risk emergencies, for incidents
that originate on county owned property, when requested by the County and deemed available by
the State Forester. Per A.R.S. 37-623.02H, the State Forester may require reimbursement for cost
incurred for these requested resources. Payment for the State's resources will be negotiated as
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soon as practical after each request and will be based upon one or more of the following factors: the
type of request, resources furnished, jurisdiction, land ownership, threat to State jurisdiction, state or
federal emergency declaration status, and the actual cost of those resources to the State.
F. To make available organization and training technical assistance and other expertise to the County
as staffing may allow;
G. To make available such equipment as can be obtained and is suitable for the use of the County in
fire management and emergency work;
H. The County may purchase wildland firefighting equipment and supplies through the State Forester's
procurement system.
2, THE COUNTY AGREES:
A. The County Emergency Manager shall be the coordinator for all County Departments for the
implementation of this agreement.
B. Reimbursement for emergency assistance and cooperation provided by the County at the request of
the State for emergency services shall be pursuant to the Cooperative Fire Rate Agreement (State
Form FM 104).
C. That no reimbursement for loss of County equipment due to ordinary wear and tear will be made.
Condition of equipment to be determined by inspection conducted at check-in to and demobilization
from an incident.
D. To submit claims for reimbursement to the State within thirty (30) days after release of its personnel
and/or equipment in the manner and form prescribed by the State; in the event of a Federal
Declaration, timeframes for submission of claims for reimbursement will be extended to conform with
direction provided in the emergency declaration; Said manner and form are available in the Arizona
State Forestry Billing Procedures Manual. This Billing Procedures Manual is available on the Arizona
State Forestry website at http://www.azsf.az.gov;
E. To participate to the extent possible in fire prevention activities as requested by the State;
F. That County resources assigned to an incident will accept direction and supervision by the State
Forester or his duly authorized representatives while engaged in fire suppression and emergency
related activities at the State’s request;
G. To maintain emergency incident training qualifications as set forth by the State; Qualifications are
defined in the National Wildfire Coordinating Group (NWCG) publication Wildland Fire Qualifications
Subsystem Guide Handbook 310-1, and as defined by the Federal Emergency Management Agency
(FEMA) and documented as part of the National Incident Management System (NIMS):
H. To accept and use equipment obtained from the State pursuant to this agreement ("Assigned
Equipment"); to maintain the Assigned Equipment in operable condition and state of readiness, and
promptly report any loss or damage of such equipment to the State; to obtain prior approval for any
planned alterations of the Assigned Equipment from the State; to provide adequate shelter from the
weather elements for the Assigned Equipment; upon request, the Cooperator will promptly provide
the State Forester with a report of the condition of Assigned Equipment; that the Assigned
Equipment may not be sold, transferred, loaned or otherwise disposed of, or traded, but must be
returned to the State Forester; the assigned equipment will be painted and identified and marked in
a manner that will indicate the cooperation between the County and the State; and if the equipment
is not used as provided by this agreement, the State Forester may remove said equipment upon
written notification.
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3. JOINT PROJECTS:
The County and the State may jointly conduct appropriate mutual interest projects from time to time
to maintain and improve the parties’ emergency services and fire protection capability. Such
projects will be documented and will set forth the objective of each undertaking and the role each
agency will play in accomplishing that objective. The documentation shall show the anticipated cost,
the amount of each agency’s share of the cost, and the anticipated duration of the undertaking.
Project specific work agreements may be developed to exchange funds between the County and
State.
4. MUTUAL AGREEMENTS:
A. That every obligation of the State Forester or the County under this Agreement is conditioned upon
the availability of funds appropriated or allocated for the payment of such obligation; if funds are not
allocated and available for the continuance of this Agreement, this Agreement may be terminated by
either Party at the end of the period for which funds are available. No liability shall accrue to either
Party in the event this provision is exercised, and neither Party shall be obligated or liable for any
future payments for any damages as a result of termination under this paragraph.
B. Amendments: This agreement may be modified only by a written amendment signed by both
parties. However, if mutually agreed, the parties may enter into specific supplemental, written
agreements, subject to appropriate approvals, to accomplish the goals of this agreement and to
carry out its terms and conditions.
C. Dispute Resolution: In the event of a dispute, the parties agree to arbitrate the dispute to the extent
required by A.R.S. Section 12-1518.
D. Inspection and Audit of Records: Pursuant to A.R.S. Sections 35-214 and -215, the County shall
retain all books, accounts, reports, files and other records ("Records") relating to this agreement for
a period of five years after completion of the contract. All records shall be subject to inspection and
audit by the State Forester or State Auditor General at all reasonable times. Upon request, the
County shall produce the original of any and all such records at the offices of the State Forester.
E. Cancellation for Conflict of Interest: Pursuant to A.R.S. Section 38-511, the State may, within three
years after its execution, cancel this contract, without penalty or further obligation, if any person
significantly involved in initiating, negotiating, securing, drafting or creating the contract on behalf of
the State is, at any time while the contract or any extension of the contract is in effect, an employee
or agent of any other party to this contract in any capacity, or a consultant to any other party to this
contract with respect to the subject matter of the contract. The cancellation shall be effective when
written notice from the Governor is received by all other parties to the contract of the cancellation,
unless the notice specifies a later time.
F. Nondiscrimination: The parties agree to comply with Arizona Governor's Executive Order 99-4 -
“Prohibition of Discrimination in Contracts Non-Discrimination in Employment by Government
Contractors and Subcontractors.”
G. Third-Party Antitrust Violations: The Cooperator assigns to the State any claim for overcharges
resulting from antitrust violations to the extent that such violations concern materials or services
supplied by third parties to the Cooperator toward fulfillment of this Agreement.
H. Notices: All notices required by this agreement shall be in writing delivered to the person and
addresses specified below or to such other persons or addresses as either party may designate to
the other party by written notice.
State Forester: ____Maricopa_______ County:
Office of the State Forester _________________________
Arizona State Forestry Division _________________________
1110 West Washington, Suite 100 _________________________
Phoenix, AZ85007 _________________________
602-771-1400
602-771-1421 fax
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In WITNESS WHEREOF the parties by and through their duly qualified acting officials have hereunto set their hands.
State of Arizona _____Maricopa_____ County
Arizona State Forester
By By
Scott Hunt
State Forester
Date:
Date:
INTERGOVERNMENTAL AGREEMENT DETERMINATION
In accordance with A.R.S. § 11-952, this Agreement has been reviewed by the undersigned who have determined that
this Agreement is in appropriate form and is within the powers and authority of the respective parties.
Approved as to Form: Approved as to Form:
By ______________________________ By ______________________________
Assistant Attorney General County Attorney
Arizona State Forestry Division
Date: Date:
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