2022A009_MOSQUITO_SURVEILLANCE_ON_FLOOD_CONTROL_PROPERTY_AND_MUTUAL_AID_OF_SHARED_RESOURCES_WITH_MARICOPA_COUNTY_ENVIRONMENTAL_SERVICES FINAL.DOCX
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INTERGOVERNMENTAL AGREEMENT
Between
MARICOPA COUNTY and the
FLOOD CONTROL DISTRICT OF MARICOPA COUNTY
for the
MOSQUITO SURVEILLANCE ON FLOOD CONTROL PROPERTY AND MUTUAL AID OF SHARED
RESOURCES WITH MARICOPA COUNTY ENVIRONMENTAL SERVICES
IGA FCD 2022A009
Agenda Item _____________________
This Intergovernmental Agreement (Agreement) is entered into by and between Maricopa
County, a political subdivision of the state of Arizona, hereinafter referred to as “COUNTY,” by
its’ Board of Supervisor and administered through the Maricopa County Environmental Services
Department hereinafter called “MCESD,” and the Flood Control District of Maricopa County, a
political subdivision of the State of Arizona, acting by and through its Board of Directors,
hereinafter called the “DISTRICT”. DISTRICT and COUNTY are hereinafter collectively called
the PARTNERS.
This Agreement shall become effective as of the date it has been executed by all PARTNERS.
STATUTORY AUTHORIZATION
1.
DISTRICT is empowered by Arizona Revised Statutes (A.R.S.) Section 48-3603, to enter into
this Agreement and has authorized the undersigned to execute this Agreement on behalf of the
DISTRICT.
2.
COUNTY is empowered by A.R.S. Section 36-601, 36-136, 36-183.02, 36-601, 36-184.B4, 36-
187.C, 11-251 paragraphs 17 and 31, 49-106, and 49-107, to enter into this Agreement and
has authorized the undersigned to execute this Agreement on behalf of the COUNTY.
BACKGROUND
3.
DISTRICT owns and operates several Flood Control structures within COUNTY that due to
the inherent nature of these structures hold the potential to breed mosquitoes of public health
concern. To mitigate these concerns and to aid in implementing the DISTRICT’s vector
control program the DISTRICT will partner with MCESD to incorporate DISTRICT property
into the MCESD Vector Control Division’s mosquito surveillance network. In addition, the
DISTRICT and MCESD have identified a need for shared support and mutual aid in resources
during peak mosquito season for mitigation, training, and outreach efforts.
PURPOSE OF THE AGREEMENT
4.
This Agreement identifies and defines the responsibilities of the DISTRICT and the
COUNTY, for activities related to using DISTRICT property for MCESD’s mosquito
surveillance program and to allow for mutual sharing of resources and support to combat
mosquitoes of public health concern during times of peak needs.
TERMS OF AGREEMENT
5.
COUNTY agrees to:
5.1 Work collaboratively with the DISTRICT to identify locations on DISTRICT property for
incorporation into the Vector Control Division’s mosquito surveillance network.
5.2 Set, monitor, and sample mosquito surveillance traps on DISTRICT property at the same
frequency as other traps in the Vector Control Division’s mosquito surveillance network.
5.3 Provide estimated annual surveillance costs to DISTRICT during each fiscal year
budgeting prep cycle and bill DISTRICT annually for surveillance costs.
5.4 Deliver samples to the Vector Control Division laboratory to speciate and test mosquito
samples. Samples will be tested for diseases of public health concern, such as West Nile
Virus and St. Louis Encephalitis viruses.
5.5 Provide PCR results to DISTRICT in a timely manner for each sample/trap collected.
5.6 Provide support and resources that include:
5.6.1
Sharing policies and procedures,
5.6.2
Sharing communication materials on preventing mosquito breeding,
5.6.3
Sharing best practices for mitigating mosquito breeding,
5.7 Provide actionable thresholds used by the Vector Control Division for determining when
to apply treatments.
5.8 Provide back-up support, including licensed pest control applicators, to assist DISTRICT
with managing mosquitoes on DISTRICT property, if resources are available.
5.9 Provide staff and equipment during peak demand times if DISTRICT staff are unable to
provide treatment on DISTRICT property within the timeframes indicated, if resources
are available.
5.10Reimburse DISTRICT for costs associated with requested agency support at FEMA rates
and/or direct cost incurred.
5.11Bill DISTRICT within 30 days of occurrence for costs incurred for back-up support.
5.12Act as a resource for DISTRICT for the development of a mosquito surveillance network
on DISTRICT property that includes mentoring and sharing best practices.
6.
DISTRICT agrees to:
6.1 Work collaboratively with the Vector Control Division to identify locations on DISTRICT
property for incorporation into the Vector Control Division’s mosquito surveillance
network.
6.2 Install and maintain structures and/or poles for placement of mosquito traps.
6.3 Provide access to DISTRICT property and structures where traps will be placed.
6.4 Provide support and resources that include:
6.4.1
Purchase mosquito traps to be placed on District property by Vector Control
Division,
6.4.2
Sharing policies and procedures,
6.4.3
Sharing communication materials on preventing mosquito breeding,
6.4.4
Sharing best practices for mitigating mosquito breeding,
6.5 Provide back-up support, including licensed pest control applicators, to assist the Vector
Control Division with managing mosquitoes in Maricopa County, if resources are available.
6.6 Provide staff and equipment during peak demand times if Vector Control Division staff are
unable to provide treatment within the timeframes indicated, if resources are available.
6.7 Reimburse COUNTY for costs associated with mosquito surveillance on DISTRICT
property and requested agency support at FEMA rates and/or direct cost incurred.
6.8 Bill COUNTY within 30 days of occurrence for costs incurred for back-up support.
6.9 Work with the Vector Control Division to secure enough mosquito surveillance traps and
laboratory consumables, if necessary.
7.
In the case of any dispute over any items in this Agreement, each PARNTER, and the
PARTNERS collectively shall use their best efforts and enter into good faith negotiations to
resolve the disputed matters. However, this shall not limit the rights of the PARTNERS to
seek any remedies provided by law.
8.
Each PARTNER to this Agreement shall, as “Indemnitor,” to the extent permissible by law,
indemnify, defend and hold harmless the other PARTNER (“Indemnitee”) including agents,
officers, directors, governors and employees thereof, from and against any and all loss or
expense incurred as a result of any claim or suit of any nature whatsoever, which arises out of
any act or omission of Indemnitor pursuant to this Agreement, including all reasonable
attorneys’ fees, court costs, and all other expenses relating to the defense against claims or
litigation, incurred by the Indemnitee. Notwithstanding the above, Indemnitee shall be liable
for its own negligence or wrongful acts as provided by law. In no event shall the Indemnitor
owe or be obligated to pay any amounts which the Indemnitee has not actually paid or has no
actual obligation to pay. In the event any agreement to pay to resolve issues of liability is not
enforceable, or any agreement or settlement results in an actual obligation lower than the full
amount of liability, the Indemnitor’s obligation to pay shall be limited to the
amount Indemnitee has paid or would be obligated to pay in the absence of any agreement to
indemnify. Should any PARTNER offer to make or make the PROJECT available for any non-
flood control uses, the offering PARTNER shall, to the extent permissible by law, indemnify,
defend and save harmless the DISTRICT, including agents, officers, directors, governors and
employees thereof, from any and all loss or expense incurred as a result of any claim or suit
without limitation. Such indemnification obligation is intended to be a specific indemnity
obligation rather than the general indemnity obligations set forth in this paragraph regarding
all other types of claims or suits and shall include the obligation to provide reasonable
attorneys’ fees, court costs, and other expenses relating to the defense of such claims or
litigation.
9.
All notices or demands upon any party to this Agreement shall be in writing and shall be
delivered in person or sent by mail addressed as follows:
Flood Control District of Maricopa County
Director
2801 West Durango Street
Phoenix, AZ 85009-6399
Maricopa County Environmental Services Department
Director
301 W Jefferson, Suite 170
Phoenix, AZ 85003
10. This Agreement shall expire either ten (10) years from the date of Board of Supervisors/Board
of Directors approval at which time the Agreement will be reviewed by the PARTNERS at
which time by mutual written agreement of all parties, this Agreement may be amended and/or
renewed, or terminated. There will be no limit on the number of renewals allowed.
11. This Agreement is subject to cancellation by any party pursuant to the provisions of Arizona
Revised Statutes Section 38-511.
12. Attached to this Agreement or contained herein are the written determinations by the
appropriate attorneys for the parties to this Agreement, that these agencies are authorized
under the laws of the State of Arizona to enter into this Agreement and that it is in proper
form.
13. If legislation is enacted after the effective date of this Agreement that changes the relationship
or structure of one or more parties to this Agreement, the parties agree that this Agreement
shall be renegotiated at the written request of any party.
14. The DISTRICT and COUNTY have chosen attorneys employed by the Civil Services Division
of the Maricopa County Attorney’s Office (“Civil Services Division”) to act as their attorney
for the purpose of reviewing this Agreement. In so doing, by their signature below, each party
acknowledges that it is aware that the Civil Services Division will represent these two parties
to this Agreement, and each party expressly waives any conflict created thereby.
FLOOD CONTROL DISTRICT OF MARICOPA COUNTY
A Political Subdivision of the State of Arizona
Recommended by:
Michael Fulton
Date
Director
Approved and Accepted:
By:
__________
Chairman, Board of Directors Date
Attest:
By:
__________
Clerk of the Board Date
The foregoing Intergovernmental Agreement IGA FCD 2022A009 has been reviewed pursuant
to Arizona Revised Statutes 11-952, as amended, by the undersigned General Counsel, who has
determined that it is in proper form and within the powers and authority granted to the Flood
Control District of Maricopa County under the laws of the State of Arizona.
Flood Control District General Counsel
Date
MARICOPA COUNTY
Recommended by:
Darcy Kober
Date
Director
Approved and Accepted:
By:
__________
Chairman, Board of Supervisors Date
Attest:
By:
__________
Clerk of the Board Date
The foregoing Intergovernmental Agreement IGA FCD 2022A009 has been reviewed pursuant
to Arizona Revised Statutes 11-952, as amended, by the undersigned attorney who has determined
that it is in proper form and within the power and authority granted to Maricopa County under
the laws of the State of Arizona.
By:
Deputy County Attorney Date