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INTERGOVERNMENTAL AGREEMENT FOR
THE MARICOPA COUNTY SECURING THE CITIES PROGRAM
BETWEEN MARICOPA COUNTY, ARIZONA
AND THE CITY OF SCOTTSDALE, ARIZONA
This Intergovernmental Agreement (“Agreement”) is entered into pursuant to A.R.S.
§§11-951 et seq., in connection with the Securing the Cities Program for Maricopa
County among Maricopa County, Arizona State University, Arizona Department of
Military Affairs, Arizona Department of Health Services, Arizona Department of Public
Safety, Arizona Fire Medical Authority, the Town of Gilbert, the City of Buckeye. City of
Tempe and the City of Scottsdale. The aforementioned agencies shall herein after be
known collectively as the Principal Partners or singly as Participants.
AGREEMENT In consideration of the mutual covenants set forth herein and the mutual
benefits to be derived therefrom, each of the Participants agree as follows:
|. Background
This AGREEMENT memorializes the formal commitment and active participation of
Participants in the Maricopa County Securing the Cities (“STC”) Program. The STC
Program is a regional effort geared towards enhancing radiological and nuclear
detection and interdiction (Preventative Radiological and Nuclear Detection or “PRND”)
capabilities in Maricopa County. The Maricopa County STC Program is funded by the
STC Program Grant (“Grant”) from the United States Department of Homeland Security
Countering Weapons of Mass Destruction Office (“Grantor”). The Grant is awarded to
Maricopa County to assist Participants in acquiring equipment, training, and support to
enhance PRND capabilities in Maricopa County. By entering into this AGREEMENT,
each Participant hereby agrees to commit personnel, equipment, and other support for
the development and sustainment of STC Program and the accomplishment of its goals,
as more fully set forth in this AGREEMENT.
ll. Goals and Responsibilities
A. Participants
1. Participants of the STC program shall be comprised of Principal Partners. All
Participants shall be members of the STC Program.
2. Each Participant shall designate an authorized representative and one
alternate to attend all STC Program meetings and shall make good faith efforts to
minimize any absence of its representative at such meetings. STC Program meetings
shall occur approximately monthly. Such authorized representatives shall be
employees of the Participant.
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3. Each Participant shall have the benefit of participating in STC Program
exercises and training as well as using equipment acquired through Grant funds so long
as such use and participation is in compliance with all Grant regulations, policies, and
procedures as may be set forth by DHS/CWMD, Maricopa County Department of
Emergency Management (MCDEM), and the Executive Committee.
4, Each Participant shall actively engage in and support activities that further the
goals and objectives of the STC Program. These goals and objectives inciude, but are
not limited to:
a. Identifying current needs for establishing a preventative radiological and
nuclear detection program within Maricopa County.
b. Developing, drafting, and adopting protocols, procedures, plans, and
concept of operations for coordinated steady state and enhanced steady state
operations and responses to a radiological and nuclear incident within Maricopa County.
c. Collecting, sharing, and analyzing intelligence, information, and resources
to predict, prevent, respond to, adjudicate, report, and archive the illicit use, storage, or
movement of radiological materials within Maricopa County.
d. Completing any required training and exercises necessary to participating
in the STC Program in accordance with the Grant.
e. Developing and implementing a baseline PRND program for reporting
operational capabilities within Maricopa County.
f. Complying with any mutual aid agreements as may be agreed to by
Participants and working with established partnerships between Federal, State, local,
and tribal agencies to support coordinated PRND operations and mutual aid.
g. Deploying program-assigned equipment as necessary to enhance PRND
capabilities.
h. Expanding data collection and sharing capabilities within Maricopa County
and between Federal, State, local, and tribal agencies.
i. Participating in at least one subcommittee of the STC Program.
j. Creating and participating in a long-term sustainability plan to continue the
STC Program in support of the Global Nuclear Detection Architecture (“GNDA”). The
GNDA is a framework for detecting (through technical and non-technical means),
analyzing, and reporting on nuclear and other radioactive materials that are out of
regulatory control. The GNDA presents the adversary with many obstacles, increasing
the cost, difficulty, and risk of attack. The presence of an effective detection
architecture also serves to convince the adversary that any attempt to acquire,
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transport, or utilize nuclear or other radioactive materials in malicious acts will fail. DHS
works with state, local, private, and tribal stakeholders to build basic detection
architectures and enhanced awareness of the threat.
5. Participants, as members of the STC Program, are empowered to make
decisions regarding the adoption of any plans, policies, or procedures concerning the
STC Program to the Executive Committee but shall not have the power to adopt such
plans, policies or procedures which are contrary to the terms of the Grant or make
unwise use of funding or time as determined by MCDEM or DHS.
B. Executive Committee
The STC Program Executive Committee shall be comprised of the Principal
Partners. The City/Town Manager or designee of each Principal Partner shail designate
an authorized representative to attend all Executive Committee meetings and shall
make good faith efforts to minimize any absence of its representative at such meetings.
Executive Committee meetings shall occur monthly or on an as needed basis. Such
authorized representatives shall be an employee of the Principal Partner who has
authority to make decisions on behalf of that Participant. In addition to its duties as a
Participant and as a member of the STC Program, members of the Executive
Committee shail be the sole voting members (other than MCDEM as the lead agency)
of the STC Program. Each Executive Committee member shall have the following
responsibilities, without limitation:
1. Comply with all terms and provisions of the STC Program Executive
Committee and Subcommittee Charters as may be adopted (“Charter’).
2. Review all recommendations submitted by STC Program members and
Subcommittees and reach consensus or vote to approve.
3. Ensure that all members of the Subcommittees (as set forth in the Charter)
execute its respective responsibilities for each Subcommittee as set forth in the Charter.
4. Commit facilities for the purpose of PRND trainings and exercises.
5. Commit facilities as may be necessary and appropriate to maintain equipment
and store source materials.
6. Obtain appropriate licenses and certifications for its facilities and personnel as
may be required for STC Program activities.
7. Comply with Maricopa County annual asset monitoring site visit for all items
over $5,000.
C. Fiscal Agent
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1. As the primary applicant and recipient of the Grant, MCDEM shall be the fiscal
agent and the lead agency with regards to the use of Grant funds in the STC Program.
All fiscal matters regarding the Grant funds and its use in the STC Program shall be
managed and overseen by MCDEM. Further, the procurement of any equipment and
services, including trainings and exercises, acquired with Grant funds shall be managed
and overseen by MCDEM. Each Participant hereby acknowledges and agrees that a
certain amount of the total Grant amount allocated per year by the Grantor for the STC
Program shail be retained by MCDEM as reimbursement for expenses incurred (i.e.
personnel and related expenses) in connection with its role as applicant/recipient/fiscal
agent of the Grant and the management and administration of the Grant in relation
thereto.
2. Each Participant hereby agrees to cooperate in good faith with MCDEM in the
execution of the duties as fiscal agent and lead agency in connection with the Grant
funds. MCDEM'’s duties include, without limitation, the following:
a. Manage the daily administration of the STC Program and the Grant and
assign its personnel as may be necessary for such administration.
b. Submit applications to the Grantor for annual Grant allocations to the STC
Program and submit any necessary reports required under the Grant.
c. Serve as the primary point of contact for the STC Program with the
Grantor and obtain all necessary Grantor approvals regarding eligible costs for STC
Program activities.
d. Oversee compliance with all Grant laws and regulations with respect to the
use of Grant funds in the STC Program and communicate with Participants regarding
their respective compliance with such laws and regulations.
e. Manage all procurement activities related to the Grant funds used in the
STC Program and coordinate with Participants the distribution of equipment, source
materials, training, and exercise schedules.
f. Conduct periodic inspections and audits of all materials, equipment, and
other assets acquired with Grant funds.
g. Provide technical guidance to Participants regarding Grant rules and
regulations as it pertains to the STC program.
h. Manage the fiscal operations involving DHS Grant funds in accordance
with Maricopa County Grant guidelines.
ill. Use of Grant Funds
A. Generally
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1. The Grantor intends to support PRND operations and activities in Maricopa
County through a four-phased STC Program by allocating Grant funds on an annual
basis to the MCDEM for use in the STC Program. Each annual allocation shall be
awarded based on applications for such awards. Each Participant shall assist in the
development of project objectives and goals which shall be included in the applications
that form the basis of the Grant allocations, and each Participant shall actively
participate in achieving such stated objectives and goals.
2. Any and all equipment and services (including trainings and exercises)
acquired with Grant funds for the STC Program shall be used by each Participant
exclusively and solely for the benefit of the STC Program and in accordance with the
objectives and goals as stated in the Grant applications as approved by the Grantor.
Further, each Participant’s use of such equipment and services shall comply with the
terms and conditions of the Grant, the Grantor's Grants Management Common Rule as
codified in Title 44 Code of Federal Regulations (CFR) Part 13, policies and procedures
as set forth by MCDEM as fiscal agent of the Grant, and all other applicable Grant rules
and regulations as may be promulgated by the Grantor.
B. Equipment and Materials
The procurement of all equipment and materials acquired through the federal
procurement process or with Grant funds (“Equipment”) shall be the sole responsibility
of MCDEM. In accordance with Grant regulations, title to such Equipment shall vest in
MCDENM as the Recipient of Grant funds.
1. Authorize to Use
MCDEM shall maintain all Equipment in its sole possession until such
Equipment is distributed to Participants upon approval of such distribution by the
Executive Committee and MCDEM. Upon such approval, the Equipment shall be
distributed to the Participant. Participant shall comply with the following terms:
a. Participant shall maintain and inventory the Equipment in accordance with
the provisions set forth in 44 CFR §13.32.
b. The Equipment shall be used strictly in connection with the STC program
and as directed by MCDEM.
c. The Equipment shail be safeguarded and inventoried in accordance with
procedures prescribed and approved by MCDEM, the Executive Committee, and the
Grantor, and shall not be replaced or removed without prior written consent of MCDEM.
d. Participant shall be solely responsible for maintaining, inspecting, and
inventorying the Equipment. Any and all maintenance, repairs, removal, replacement,
calibration, inventorying, or any other maintenance and safekeeping activities involving
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the Equipment shall be coordinated through MCDEM, shall require the prior written
consent of MCDEM, and shall be undertaken only by personnel authorized and deemed
qualified by MCDEM. Maintenance costs for equipment not purchased through the STC
program shall not be deemed eligible for reimbursement.
e. Access to Equipment (including access for maintenance and inspections)
shall be strictly limited to personnel, time, place, and manner as authorized by MCDEM.
Only personnel trained for the purpose of the STC program will be issued STC-funded
equipment and will use issued equipment for STC program mission within Maricopa
County.
f. MCDEM and/or the Grantor shall have the right to access and inspect the
Equipment at any time as may be deemed necessary, including conducting regularly
scheduled monitoring visits.
g. This agreement may be terminated at any time at the sole discretion of
MCDEM. The agreement shall terminate upon the Participant's breach of the any of the
terms or upon Participant’s withdrawal from the STC program. Upon termination, the
Equipment shall be immediately returned in good working order to MCDEM provided the
equipment has not exceeded its useful lifetime. If the termination is a result of a
Participant withdrawal from the STC program, the Equipment shall be returned in good
working order provided the equipment has not exceeded its useful lifetime. to MCDEM
no later than 60 days prior to the withdrawal! date.
h. Participant shall execute any additional documents regarding the use and
safekeeping of the Equipment as may be deemed necessary by MCDEM prior to taking
possession of the Equipment.
2. Requests for Equipment
Requests to acquire specific Equipment for a Participant shall be made to the
appropriate Subcommittee accompanied with an explanation and justification for the
Equipment. All recommendations of the Subcommittee shall be forwarded to the
Executive Committee for approval. The Participant shall have the right to appeal a
recommendation of the Subcommittee to the Executive Committee. All decisions of the
Executive Committee shall be deemed final.
C. Trainings, Drills, and Exercises
4. Each Participant shall ensure that its designated authorized representatives
shall complete all required trainings, drills, and exercises as approved by the Grantor for
the STC Program. Participant hereby acknowledges that completion of such trainings,
drills, and exercises is required for continued participation in the STC Program.
Coordination of such trainings, drills, and exercises between the Grantor and the STC
Program shall be the responsibility of MCDEM, and coordination for attendance of each
Participant’s representatives to such trainings, drills, and exercises shall be the
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responsibility of each respective Participant. Participant requests for trainings, drills,
and exercises that are in addition to pre-approved Grantor trainings, drills, and
exercises shall be subject to prior review and approval by the Executive Committee,
MCDEM, and the Grantor.
2. Grant reimbursement of Participant costs associated with STC program
trainings, drills, and exercises shall be limited strictly to backfill and overtime costs
directly resulting from Participant's representatives’ attendance at such trainings, drills,
and exercises and based on the respective Participant's current overtime rate based on
the classification of its attending representatives ("Overtine Reimbursement’).
Overtime Reimbursement shall be conditioned on Participant's timely submission of
documentation to MCDEM as set forth below. Participant shall prepare, maintain, and
provide to MCDEM reimbursement request cover letter, payroll reports, timesheets, and
any other supporting documentation as necessary to fully and accurately evidence time
expended by Participant’s representatives and backfill/overtime costs incurred for which
Overtine Reimbursement is requested. All such supporting documentation shall satisfy
applicable Federal, State, and MCDEM audit and review standards and requirements.
Such documentation shall be prepared at the sole expense and responsibility of the
Participant. MCDEM may request, in writing, changes to the content and format of such
documentation at any time, and MCDEM reserves the right to request additional
supporting documentation to substantiate costs incurred at any time. All such
documentation must be submitted to MCDEM within thirty (30) days after
attendance/participation at such approved training, drills, or exercise. Send scanned
documentation to EMGSTC@maricopa.gov for processing and reimbursement.
D. Recordkeeping, Inspections, and Reports
4. Records, in their original form, shall be maintained in accordance with
requirements prescribed by MCDEM and the Grantor with respect to all matters related
to the Grant and the STC Program. Such records shall be retained for a period of six
(6) years after Final Close Out of the Grant. The County will notify Subrecipients of the
final Close Out date. "Pending matters" include, but are not limited to, an audit,
litigation, or other actions involving records.
2. At any time during normal business hours and as often as the Grantor and
MCDEM may deem necessary, Participant shall make available for examination all of its
records with respect to all matters regarding the STC Program. Participant hereby
gives the Grantor and MCDEM, through any authorized representative, access to, and
the right to examine, audit, and make excerpts or transcripts of, all paper or electronic
records, books, or documents related to the Grant funds and the STC Program. The
access and inspections rights set forth herein shall include access to applicable
facilities, personnel, and other individuals and information as may be necessary and as
required by the Grantor, MCDEM, and applicable Grant and STC Program rules,
regulations and policies.
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3. Participant agrees to submit timely (not to exceed 30 days), complete, and
accurate reports to MCDEM as may be required under the Grant and the STC Program.
Participant shall comply with all other special reporting, data collection, and evaluation
requirements as prescribed by law or detailed in applicable Grant regulations and
guidance. Further, Participant shall cooperate with any compliance review or complaint
investigation conducted by the Grantor and MCDEM in connection with the STC
Program.
IV. Miscellaneous
A. Term, Modification, and Withdrawal
1. The term of this AGREEMENT shall commence upon execution of this
AGREEMENT by all of the Principal Partners and shall remain in effect for the duration
of the performance period of the Grant, as may be extended or renewed by the Grantor.
This AGREEMENT may be modified at any time by written consent of all Participants.
Modifications to this AGREEMENT shall have no effect unless such modifications are in
writing and approved by the governing body of each of the Participants bound by this
AGREEMENT.
2. Any Participant may withdraw from the STC Program and this AGREEMENT
at any time by written notification to MCDEM. Any such withdrawal shall be effective 30
days after delivery of written notification of such withdrawal and all STC equipment will
be returned to MCDEM within 30 days after written notification.
B. Confidentiality
1. The Participants will exchange various kinds of information pursuant to their
respective participation in STC Program. Such information may include, without
limitation, data, strategies, operational procedures, and various identifying information.
To the extent authorized by law, all data and information related to the STC program is
considered confidential. Confidential information requires special precautions to protect
it from unauthorized use, access, disclosure, modification, and destruction. Each
Participant agrees that:
a. It shall keep all information that is exchanged between the Participants in
the strictest confidence and make such information available to their own employees
only on a “need-to-know" basis.
b. It shall provide written instructions to all of its employees with access to
information provided under the STC Program of the confidential nature of the
information and of the penalties for unauthorized use or disclosure.
c. It shall (where appropriate) store and process information in an electronic
format, in such a way that unauthorized persons cannot reasonably retrieve the
information by computer, remote terminal, or other means.
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d. It shall promptly return to the other party confidential information when its
use ends or destroy the confidential information utilizing an approved method of
destroying confidential information by shredding, burning, or certified witnessed
destruction. Magnetic media are to be degaussed or returned to MCDEM.
e. To the extent authorized by law, it shall not disclose said information to
any third-party entity or individual without the express prior written consent of MCDEM
and the Grantor.
f. It shall designate an employee who shall be responsible for overall security
and confidentiality of its data and information systems and each Participant shall notify
the other of any changes in that designation.
2. Any breach of the confidentiality provisions set forth in this section shall
subject the breach Participant to investigation and possible termination of the
Agreement by the Executive Committee and MCDEM.
C. Press Releases, Publications, Logos
All press releases and publications or dissemination of any information regarding
the STC Program shall be coordinated solely through MCDEM. Participant shall obtain
written approval from MCDEM prior to using any Grantor seal(s), logos, crests,
reproductions of flags, or likenesses of Grantor agency officials.
D. Liability and Indemnity
1, To the extent permitted by law, each Participant does hereby covenant and
agree to indemnify, defend, and hold harmless the other Participant, their
elected officials, appointees, officers, employees, contractees, and agents from
and against any and all suits, actions, legal or administrative proceedings,
claims, demands or damages of any kind or nature relating to this Agreement
which, are the result of any act or omission of the Party, its officers, employees,
contractees, agents, and anyone acting under its direction or control, whether
intentional or negligent, in connection with or incident to this Agreement.
Failure of a Participant to comply with the terms of this Agreement shall not
provide the basis of any third party action against any of the Parties.
2.
E. CANCELLATION PROVISIONS PURSUANT TO A.R.S §38-511
The Parties reserve all rights that each may have to cancel this Agreement for possible
conflicts of interest under A.R.S. § 38-511, as amended.
F. MULTIPLE COUNTERPARTS
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This Agreement may be executed in multiple counterparts, each of which shall be
deemed an original, but all of which together shall constitute one and the same
instrument. Neither a signature for every Participant nor a signature line shall be
required in each counterpart except that on a counterpart being brought forward by a
Party to its legislative body or equivalent for approval, that particular counterpart shall
have to be signed and executed in accordance with that Participant's practice. The
signature pages from one or more counterparts may be removed from such
counterparts and such signature pages all attached to a single instrument so that the
signatures of all Participants may be physically attached to a single document.
G. WORKER'S COMPENSATION
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 parent agency shall be solely liable for payment of
worker's compensation benefits.
H. COMPLIANCE WITH E-VERIFY PROGRAM
1. 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).
2. 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.
3. 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.
4. Any Party may conduct a random verification of the employment records of any
other Party to ensure compliance with this warranty.
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5. 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).
6. 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.
|, NOTICES
Any notice required to be given under this Agreement will be provided to all Participants
to this Agreement. MCDEMS shail compile a list of each Party’s address, phone
number and contact person and distribute said list to each participant to this Agreement.
J. Rights Created
By entering into this AGREEMENT, the parties do not intend to create any
obligations express or implied other than those set out herein. Further, this
AGREEMENT shall not create any rights in any party other than the Participants and
the Grantor.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
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Dated this day of , 2022 Dated this day of , 2022
Aud 2vder~
David D. Ortega, Mayor Bill Gates, Chairman
City of Scottsdale Board of Supervisors
ATTEST: ATTEST:
wP
Sena
Ben Lane, City Clerk Clerk of the Board
City of Scottsdale
The undersigned has reviewed the foregoing Intergovernmental Agreement and has
determined that it is in appropriate form and is within the powers and authority granted to
the County
Deputy County Attorney
The undersigned has reviewed the foregoing Intergovernmental Agreement and
has determined that it is in appropriate form and is within the powers and authority
granted to the City of Scottsdale.
NL 12 a obras
Sherry Scott, City Attorney
By: Luis E. Santaella
Deputy City Attorney
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