FINAL IGA -MCOME AND CGCC 2020.04.09.DOCX
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Page 1 of 5 CONTRACT NO: Intergovernmental Agreement (IGA) Between Maricopa County Community College District for and behalf of Chandler-Gilbert Community College And Maricopa County on behalf of the Office of the Medical Examiner This Intergovernmental Agreement (“IGA” or “Agreement”) No. _______________ is made and entered into as of the last signature date herein (the “Effective Date”), pursuant to A.R.S. §§11- 951 et seq., between Maricopa County on behalf of the Office of the Medical Examiner (MCOME) and the Maricopa County Community College District (MCCCD) for and on behalf of Chandler- Gilbert Community College (CGCC), which shall be collectively referred to as the Parties and each individually as a Party. 1. PURPOSE OF THE AGREEMENT: This Agreement establishes the basis for the Maricopa County Office of the Medical Examiner (MCOME) and Chandler-Gilbert Community College (CGCC) to partner for continuity planning in the event of an emergency which impacts operations at the MCOME. 2. TERM OF THE AGREEMENT: The term of this Agreement shall become effective upon approval of the Maricopa County Board of Supervisors and shall remain in effect for a period of five (5) years unless otherwise terminated or canceled as provided herein. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original but all of which together shall constitute the same instrument. Faxed, copied and scanned signatures are acceptable as original signatures. 3. TERMINATION OR AMENDMENT: Each party shall have the right to terminate this Agreement by mailing the other party written notice of termination by certified mail, return receipt requested, at least thirty (30) days prior to the termination date. This Agreement may be modified at any time by mutual written amendment signed by the authorized representative of the respective parties. 4. CONFIDENTIALITY: A. Any information that may be exchanged through this Agreement shall not be used for purposes other than those covered in Section 15 Scope of Work without prior approval of all parties to this Agreement. Page 2 of 5 5. PUBLIC RECORDS: Notwithstanding any other provision of this Agreement, the Parties acknowledge that they are subject to A.R.S. 39-121 through 39-128 regarding public records. Any provision regarding confidentiality is limited to the extent necessary to comply with the provisions of Arizona law. 6. APPLICABLE LAW: The substantive and procedural law of Arizona applies to this Agreement. The Parties agree that the venue for any claim arising out of any or in any way related to this Agreement shall be Maricopa County, Arizona. 7. COMPLIANCE WITH FEDERAL LAWS: The parties warrant that they are in compliance with all applicable State and Federal laws. 8. CONFLICT OF INTEREST: Pursuant to A.R.S. §38-511, the State, its political subdivisions or any department or agency of either may, within three (3) years after its execution, cancel any Agreement, without penalty or further obligation, made by the State, its political subdivisions, or any of the departments or agencies of either if any person significantly involved in initiating, negotiating, securing, drafting or creating the Agreement on behalf of the State, its political subdivisions or any of the departments or agencies of either is, at any time while the Agreement or any extension of the Agreement is in effect, an employee or agent of any other party to the Agreement in any capacity or a consultant to any other party of the Agreement with respect to the subject matter of the Agreement. A cancellation made pursuant to this provision shall be effective when the Maricopa County Community College District or Maricopa County through the Office of the Medical Examiner receives written notice of the cancellation unless the notice specifies a later time. 9. ARBITRATION: Any disputes under this Agreement shall be resolved through the use of arbitration as provided by A.R.S. § 12-1518. 10. FUNDING: This Agreement is not an obligation of or a commitment of funds, or a basis for a transfer of funds, but rather a statement of agreement between the Parties concerning the sharing of space for emergency continuity planning related to the purposes of this Agreement. Expenditures by each party are subject to that party's budgetary processes and to the availability of funds and resources pursuant to applicable laws, regulations, and policies of the respective parties. 11. RELATIONSHIP: Nothing in this Agreement shall make any CGCC employee or MCOME employee an agent or employee of the other party to this Agreement. Page 3 of 5 12. INSURANCE: Maricopa County and MCCCD are self-insured entities as provided by A.R.S. §11-981. 13. INDEMNIFICATION: 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 of any person (including death) or property damage, but only to the extent that such claims which 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. 14. BACKGROUND: MCOME must establish a business operation continuity plan in preparation for any unexpected event that renders the MCOME Forensic Science Building (located at 701 W. Jefferson Street in Phoenix AZ) unavailable. MCOME must continue to meet statutory responsibilities for medicolegal death investigations. A critical component of this continuity planning is identification of an alternate site for postmortem examinations. CGCC offers a Mortuary Science Program through their Williams Campus (located at 7360 E. Tahoe Avenue in Mesa AZ). The Program operates out of the Mortuary Science Building which includes space for exams, body storage, and general office operations. 15. SCOPE OF WORK: A. CGCC agrees to provide MCOME the following: i. Access to and use of the entire Mortuary Science Building within 12 hours of notification that an event has taken place preventing use of the MCOME Forensic Science Center. This exclusive access and use includes, but is not limited to, making available for exclusive use by MCOME the following: a) Exam room (3 tables) b) Body cooler c) Scale d) Closet in exam room to store exam equipment e) Room for donning and doffing of personal protective equipment f) Classrooms g) Break room h) Front lobby reception area i) Washing machine and dryer j) Area for viewing into the exam suite k) 20 parking spaces in front of the Mortuary Science Building l) Showers ii. Use of the Mortuary Science Building for up to 30 days, with ability to extend use in additional 30-day increments with mutual agreement. Page 4 of 5 iii. Other space, to be negotiated at time of event, depending on severity and length of time Mortuary Science Building may be needed. This may include access to locker rooms in the gymnasium, staging and short-term equipment storage at the Facilities Building and/or the Applied Technology Lab, and additional parking spaces (for staff and refrigerated trailers). iv. Access to the Mortuary Science Building at least once every three years for emergency drills, to be organized in advance on mutually agreeable dates. v. Information regarding partnership and educational opportunities, meeting required accreditation curriculum, that MCOME can provide for Mortuary Science Program students, especially if MCOME must use the Mortuary Science Building for an extended period of time during the school year. B. MCOME agrees to provide CGCC the following: i. Educational opportunities for the Mortuary Science Program students, including a presentation once per year to cover a general overview of how funeral homes and medical examiner/coroner offices work together. ii. Should MCOME require use of the Mortuary Science Building during the school year, potentially impacting Mortuary Science Program students, MCOME may provide opportunities for the students to assist in ways that comply with required curriculum (as advised by CGCC – see 15.A.v); these may include tracking decedents, handling decedents, and working in the Family Assistance Center. iii. MCOME further agrees that they will provide all supplies and equipment necessary for their exact work that are not available within the Mortuary Science Building. 16. AUTHORITY: A. This Agreement does not imply authority to perform any tasks or accept responsibility not expressly stated in this Agreement. B. This Agreement does not create a duty or responsibility unless the intention to do so is clearly and unambiguously stated in the Agreement. 17. SECTION HEADINGS: Sections and other headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. 18. NOTICES, CORRESPONDENCE, AND REPORTS: Notices, correspondence, and reports shall be sent to: Page 5 of 5 COUNTY MCCCD Administrative Director Office of General Counsel MCOME Maricopa Community Colleges 701 W Jefferson Street 2411 W 14th Street Phoenix AZ 85007 Tempe AZ 85281-6942 Phone: 602-506-3322 contracts.counsel@domail.maricopa.edu SIGNATURE APPROVALS: COUNTY By:___________________________________ Chairman, Board of Supervisors (DATE) APPROVED AS TO FORM ATTEST By:__________________________________ By:_______________________________ Deputy County Attorney (DATE) Clerk of the Board of Supervisors (DATE) MARICOPA COUNTY COMMUNITY APPROVED AS TO FORM COLLEGE DISTRICT FOR AND ON BEHALF OF CHANDLER-GILBERT COMMUNITY COLLEGE By:_________________________________ By:________________________________ (DATE) (DATE)