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INTERGOVERNMENTAL AGREEMENT FOR REGIONAL EMERGENCY OPERATIONS MANAGEMENT AND DISASTER SERVICES BETWEEN MARICOPA COUNTY, ARIZONA AND THE CITY OF PHOENIX This Regional Emergency Operations Management and Disaster Services Agreement (“Agreement”) goes into effect on July 1, 2020 (the “Effective Date”), between Maricopa County, a political subdivision of the State of Arizona (“County”), and the City of Phoenix, a public agency municipal corporation of the State of Arizona (“Public Agency”). STATUTORY AUTHORIZATION County and Public Agency are empowered by A.R.S. sections 11-951 et seq. and A.R.S. section 26-308(A) and (B) 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 between County and Public Agency as follows: DEFINITIONS 1. For purposes of this Agreement, the term “public agency” shall have the same definition at that contained in A.R.S. §11-951. ts 2. “Participating Public Agencies” means those public agencies, which have active agreements for Disaster and Emergency Management Services with the County. TERMS OF AGREEMENT 1. County Obligations County shall: Prepare and maintain a county Emergency Operations Plan or Plans (“EOP”) with due consideration of hazards that affect all areas in the County. ; Advise and assist Public Agency in the development, review, update, publication, and distribution of an EOP developed by Public Agency. Advise and assist Public Agency in the development, review, update, publication, and distribution of Continuity of Operations Plans ; Advise and assist Public Agency in the development, review, update, publication, and distribution of a Multi-Hazard Mitigation Plan. Advise and assist Public Agency in the development, review, update, publication, and distribution of a Community Wildfire Protection Plan. Advise and assist Public Agency with the disaster and emergency management training of such employees as Public Agency shall designate. Provide and maintain a coordinated countywide emergency management program for extraordinary operational systems not provided for in normal governmental operations, including: Warning Systems, Communications System, comprehensive emergency management arid planning, and an Emergency Operations Center. Provide maintain, and issue access to a comprehensive emergency management software tool to expedite the emergency operations center processes. 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. Provide assistance with local emergency declarations and obtaining Federal and / or State funds available to Public Agency for emergency management and disaster purposes. Advise and assist Public Agency in the timely preparation of reports and other documentation required by the state and / or federal governments for emergency management purposes. Offer coordination assistance-to Public Agency for major events or disasters affecting Public Agency. . Inits sole discretion, have the option to act as a backup EOC for partner cities. Assist Public Agency in’ the design, development, delivery, and after-action reporting of exercises scheduled by Public Agency to test its disaster response capability. Advise and assist Public Agency with emergency shelter assessments and Americans with Disabilities Act compliance. Advise and assist Public Agency in complying with the provisions of Title 26, Chapter 2, Arizona Revised Statutes, and State policies and procedures. Advise and assist Public Agency with public awareness and education including but not limited to: r (1) providing disaster response pamphlets/handouts to Public Agency emergency management personnel for later distribution to the public. ; (2) delivering disaster response pamphlets/handouts to libraries, community centers, and senior centers located in Public Agency. (3) Coordinating with Public Agency to assist with public outreach activities on disaster and emergency-related subjects to schools, civic groups and similar organizations. (4) Coordinating with Public Agency to assist with public outreach activities such as staffing information booths at fairs, safety days and similar events. Notify Public Agency of its annual assessment for each upcoming fiscal year no later than March 1 of the Preceding Fiscal Year. Assist Public Agency with other disaster and emergency management programs as may be agreed upon. 2. City of Phoenix Obligations Public Agency shall: a. Develop, publish and distribute an EOP which is complementary to and compatible with County’s EOP. , Develop and conduct such emergency management training programs and exercises as it deems necessary. Have the option to act as a backup Emergency Operation Center to the County if it needs an alternate location. Collect and provide disaster and emergency management information, such as annual NIMS reporting, when so required by the state or federal government. During each fiscal year (July 1 to June 30) of the term of this Agreement, pay to County an annual assessment to be determined as follows: (1) An amount to be determined that shall have a capped rate of $60,000. 3. This Agreement supersedes any and all agreements, either written or oral, between the parties with respect to the subject matter of this agreement and contains all covenants and agreements between the parties with respect, to the rendering of disaster and emergency management services. Except as otherwise provided herein, any modification of this agreement must be in writing signed by both parties in order to become effective. 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 as provided in 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. 10. 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 by giving 30 days’ written notice of the intent to terminate. The effective of the termination is 30 days after written notice is given. 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 Party enters into with any and all of its-contractors or subcontractors who provide services under this Agreement. To the extent permitted by law, each Party does hereby covenant and agree to indemnify, defend, and hold harmless the other Party, 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 Party to comply with the terms of this Agreement shall not provide the basis of any third party action against any of the Parties. 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. 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: ACTING To County, to the attention of: To Public Agency to the attention of: Director Director Maricopa County Department of City of Phoenix Emergency Management Emergency Management 200 W. Washington . 5630 East McDowell Rd Phoenix, AZ 85003 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 G_ day of “Jue, 20_20 Dated this___ day of 20 a“ Ed Zuercher, Manager. For County: City of Phoenix Clint Hickman 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. Deputy County Attorney Fran McCarroll Clerk of the Board sis ke Gi Nay