IGA CITY OF PHOENIX CONSOLE MAINT.PDF
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INTERGOVERNMENTAL AGREEMENT
BETWEEN
THE CITY OF PHOENIX
AND
MARICOPA COUNTY
FOR REGIONAL 9-1-1 SERVICES
AGREEMENT NO.
This Intergovernmental Agreement ("Agreement") is entered into this 1st day of July, 2020, by
and between the City of Phoenix, for and on behalf of the Phoenix Fire Department ("the
City") and Maricopa County ("County") for and on behalf of the Maricopa County Sheriffs Office
("MCSO"), (collectively referred to as "Parties," or individually as "Party"). Throughout this
Agreement, the City and the MCSO individually may be referred to as "Party" and may be
referred to collectively as "Parties" to this Agreement.
RECITALS
WHEREAS, the City Manager of Phoenix, is authorized and empowered by provisions of
the City Charter to execute contracts; and, the City is authorized and empowered pursuant
to Chapter 2, Section 2 (i), of the Charter of the City of Phoenix; and
WHEREAS, the Parties are authorized and empowered to enter into intergovernmental
agreements for the provision of services or for joint or cooperative action pursuant to
Arizona Revised Statutes (A.R.S.) §11-952. and,
WHEREAS, agreements for mutual assistance and intergovernmental cooperation in
public safety areas, including operations and management of fire and police, or the public
safety related agencies have existed between municipalities and governmental
jurisdictions; and,
WHEREAS, Ordinance No. dated
authorized the City to
enter into an agreement with the County for Regional 9-1-1 Services.
AGREEMENT
NOW THEREFORE, in consideration of the mutual promises set forth herein, the parties
hereby agree to the following terms and conditions:
ARTICLE I. PURPOSE
The Regional 9-1-1 Services, located on the Phoenix Fire Department campus, provides
24-hour 9-1-1 system maintenance and oversees the installation of 9-1-1 equipment for
twenty-five 9-1-1 Centers throughout the Maricopa Region. This service is paid for through
monies distributed by the State of Arizona to the City. MCSO is one of the 9-1-1 Centers for
which Regional 9-1-1 Services provides state-funded 9-1-1 maintenance.
Last revised: January 2, 2020
II
MCSO has nine (9) 9-1-1 special use designated call-taking positions, (hereinafter referred to as
"positions,") that require day-to-day maintenance and technical support, but do not meet the
emergency 9-1-1 criteria to qualify for state-funded maintenance.
MCSO's current use of positions includes an understanding that positions will be commandeered
for use as emergency 9-1-1 positions in a declared emergency situation.
MCSO requires dedicated time and resources from City's Regional 9-1-1 Services.
ARTICLE II. STATEMENT OF SERVICES
For the purposes of this contract, the Maricopa County Sheriff's Office is also known as
the Public Safety Answering Point (PSAP).
1. HARDWARE MAINTENANCE AGREEMENT:
Agreements shall be based on a monthly flat rate which will include total support and
preventative maintenance (as described herein) for an Emergency 9-1-1 Public Safety
Answering Point (PSAP) system to ensure continued operations. Hardware
maintenance includes the following equipment:
1.1
Computer Telephony Integration (CTI). an intelligent workstation for telephony
services.
1.2 Keyboard. A standard keyboard shall be capable of assisting with processing all
telephone calls, including but not limited to voice and TTY/TDD calls.
1.3 Mouse. All System's shall operate with standard mouse systems. The mouse shall
be capable of assisting with processing all telephone calls, include but not limited
to voice and TTY/TDD calls.
1.4 Screen and Monitor. All systems shall operate with current industry standards.
1.5 Maintenance. Regional 9-1-1 Services shall be able to provide spares parts from
above listed parts required to maintain the system along with any maintenance
support tools identified by Regional 9-1-1 Services.
2. PSAP REQUIREMENTS:
2.1 Equipment:
The PSAP will purchase all related hardware, software, and licensing required for
installation. The PSAP shall keep current on software and help desk support offered by
the 9-1-1 software manufacturer.
2.2 Access:
The PSAP will ensure the following:
• every third-party vendor is on-site during the installation and cutover period.
Last revised: January 2, 2020
• employees or agents of the 9-1-1 vendor are allowed access to the site
where the system is to be installed and for ongoing maintenance.
3. REGIONAL 9-1-1 SERVICES REQUIREMENTS:
3.1 Installation:
Regional 9-1-1 Services will oversee installation of the new 9-1-1 equipment and
work related to the 9-1-.1 network.
3.2 Preventative Maintenance:
Regional 9-1-1 Services will perform quarterly preventative maintenance checks
on the Maricopa County Sheriff's Office Viper and Power 9-1-1 System. Regional
9-1-1 Services will contact the PSAP and schedule the preventative maintenance
at the beginning of each quarter. Regional 9-1-1 Services will provide a quarterly
report to the PSAP after preventative maintenance is completed.
3.3 Help Desk Support:
Regional 9-1-1 Services will be available by telephone for hardware and software
support to system users. Regional 9-1-1 Services phone support shall be
available 24/7 to the PSAP for 9-1-1 system support. If the issue that was called
in cannot be resolved through remote diagnostics and repair, a technician shall
be on-site within the below stated response times.
3.4 Response Times:
3.4.1 Initial Response - Initial response shall consist of contacting the PSAP,
initial problem diagnosis, and any remote repairs that are possible within
thirty (30) minutes of receiving notice from the PSAP.
3.4.2 On-site Response - If Regional 9-1-1 Services determines an in-person
response is required to ascertain and/or alleviate the problem the response
must occur within one (1) hour of the initial response, which is one (1) hour
and thirty (30) minutes from the report.
3.5 Maintenance Services:
Maintenance service will include:
3.5.1
Problems diagnosis and device repair for the positions.
3.5.2 Protection of programs and data during diagnosis and repair process, and
completion of documentation about maintenance activities in accordance
with established procedures.
3.5.3 Provide diagnostic tools, maintenance resources, and other miscellaneous
tools to provide ongoing maintenance.
3.5.4 Return the PSAP to full functionality as mutually agreed upon by Regional
9-1-1 Services and PSAP. Return to full functionality may be accomplished
Last revised: January 2, 2020
N
through device repair, device replacement, or provision of a functionally
equivalent loaner device.
3.6 On-Site Reporting:
The Regional 9-1-1 Services shall provide the PSAP Manager with written
detailed documentation of the problem and repair methodology. This shall include
equipment that is replaced and/or software changes, etc. This notification may be
made in person or by phone and followed up electronically through the 9-1-1
trouble ticket system updates. These updates will be automatically sent to the
PSAP Manager through email.
3.7 Qualifications of On-site Technicians and Help Desk Technicians:
The technician responding to system issues shall be trained by the manufacturer
on the system which they are servicing and have appropriate site security
clearances.
3.8 Software Support:
Support includes installing software patches, hot fixes, service packs, and version
upgrades provided by the software manufacturer. Regional 9-1-1 Services shall
comply with hardware, software, and intellectual property rights licensing
requirements for the PSAP's use during installation and the PSAP's ongoing use
after installation. Regional 9-1-1 Services shall provide enhancement updates to
the software as they become available after obtaining prior approval from the
PSAP. The method to be utilized shall be specified in relation to any system
impact. The PSAP shall keep current on software and help desk support offered
by the 9-1-1 software manufacturer. PSAP will pay for any new equipment and
licensing as part of a system-wide upgrade for the supported position.
ARTICLE III. TERM OF THE AGREEMENT
1. Term:
This Agreement shall commence on the Effective Date referenced above, regardless
of the date of recordation with the Maricopa County Recorder's Office and shall
continue in force for five (5) years, or until terminated by formal act of the Parties.
2. Termination:
Pursuant to the provisions of A.R.S. § 38-511, either party may terminate this
Agreement by providing thirty (30) days written notice to the other party's Fire Chief or
Sheriff. Termination can be with, or without, cause.
2.1
Pursuant to the provisions of A.R.S. § 11-952(B)(4), it is expressly acknowledged
and understood that upon termination all right, title, and interest in and to
equipment shall at all times remain the property of the Purchaser.
Last revised: January 2, 2020
4
ARTICLE IV. GENERAL TERMS AND CONDITIONS
1. Governing Law; Forum; Venue:
This Agreement is executed and delivered in the State of Arizona, and the substantive
laws of the State of Arizona (without reference to choice of law principles) will govern
their interpretation and enforcement. Any action brought to interpret or enforce any
provision of this Agreement that cannot be administratively resolved, or otherwise
related to or arising from this Agreement, will be commenced and maintained in the
state or federal courts of the State of Arizona, Maricopa County, and each of the
Parties, to the extent permitted by law, consents to jurisdiction and venue in such courts
for such purposes.
2. Implied Contract Terms:
Each and every provision of law and any clause required by law to be in this Contract
shall be read and enforced as though it were included herein, and, if through mistake
or otherwise, any such provision is not inserted, or is not correctly inserted, then upon
the application of either Party, the Contract shall be physically amended to make such
insertion or correction.
3. Parol Evidence:
This Contract is intended by the undersigned Parties as the final expression of their
agreement and is intended to be the complete and exclusive statement of the terms of
the agreement between the Parties. No course of prior dealings between the Parties
and no usage in the trade shall be relevant to supplement or explain any term used in
this Contract. Acceptance or acquiescence in a course of performance rendered under
this Contract shall not be relevant to determine the meaning of this Contract even
though the accepting or acquiescing Party has knowledge of the nature of the
performance and the opportunity to object.
4. Confidentiality and Data Security:
4.1 All data, regardless of form, including originals, images, and reproductions,
prepared by, obtained by, or transmitted to the Agency in connection with this
Agreement is confidential, proprietary information owned by the City. Except as
specifically provided in this Agreement, the Agency will not disclose data
generated in the performance of the Services to any third person without the prior
written consent of the City Manager, or his/her designee.
4.2 Personal identifying information, financial account information, or restricted City
information, whether electronic format or hard copy, must be secured and
protected at all times to avoid unauthorized access. At a minimum, Agency must
encrypt and/or password protect electronic files. This includes data saved to
laptop computers, computerized devices or removable storage devices. When
personal identifying information, financial account information, or restricted City
information, regardless of its format, is no longer necessary, the information must
be redacted or destroyed through appropriate and secure methods that ensure
the information cannot be viewed, accessed, or reconstructed.
Last revised: January 2, 2020
4.3 In the event that data collected or obtained by the Agency in connection with this
Agreement is believed to have been compromised, Agency will notify the City
Privacy Officer immediately. Agency agrees to reimburse the City for any costs
incurred by the City to investigate potential breaches of this data and where
applicable, the cost of notifying individuals who may be impacted by the breach.
4.4 Agency agrees that the requirements of this Section will be incorporated into all
subcontractor/sub consultant agreements entered into by the Agency. It is further
agreed that a violation of this Section will be deemed to cause irreparable harm
that justifies injunctive relief in court. A violation of this Section may result in
immediate termination of this Agreement without notice.
4.5 The obligations of Agency under this Section will survive the termination of this
Agreement.
5. Third-Party Beneficiary Clause:
The Parties expressly agree that this Agreement is neither intended by any of its
provisions to create any right of the public or any member thereof as a third-party
beneficiary, nor to authorize anyone not a Party to this Agreement to maintain a suit
for personal injuries or property damage pursuant to the terms or provisions of this
Agreement.
6. Fund Appropriation Contingency:
The Parties understand that the continuation of this Agreement is subject to the budget
of the Parties providing for the contract item as an expenditure. The Parties cannot
assure that the budget item for funding this Agreement will be approved in the future.
In such event, either Party may terminate this Agreement.
7. No Joint Venture:
No term or provision in this Agreement is intended to create a partnership, joint venture,
or agency arrangement between any of the Parties.
8. Assignment and Delegation:
Neither this Agreement, nor any of its rights or obligations, may be transferred or
assigned by either Party without the prior written consent of both Parties. Any attempt
to assign this Agreement without prior written consent will be void and may result in
penalties up to and including termination of the Agreement.
9. Entire Contract; Amendment, No Oral Modification:
This Agreement constitutes the complete agreement of the Parties. It supersedes all
previous representations, understandings, and agreements, written or oral, relating to
the subject matter of this Agreement. This Agreement and its terms may not be
modified or changed except in writing signed by both Parties.
10. Invalidity of Any Provisions:
This Agreement will remain in effect even if one or more of its terms or provisions have
been held to be invalid or unenforceable. Such a holding will result in the offending
Last revised: January 2, 2020
6
term or provision being ineffective to the extent of this Agreement, which would
subsequently be construed as though the invalid or unenforceable term or provision
never existed. Upon discovery by either Party of invalid terms or provisions, written
notice will be given to the other Party within ten (10) business days.
11.Independent Contractor Status:
The Parties agree that neither Party shall be deemed to be an employee or agent of
the other Party to this Agreement and that the relationship created by this Agreement
is that of independent contractors. Neither Agency nor any of Agency's agents,
employees or helpers will be deemed to be the employee, agent, or servant of the City.
Agency, its employees and subcontractors are not entitled to worker's compensation
benefits from the City.
12.Workers' Compensation:
The Parties agree that it is the responsibility of each Party to ensure that its employees
are notified in accordance with the provision of Arizona Workers' Compensation Law,
specifically, A.R.S. § 23-1022, or any amendment thereto, and that all such notices, as
required by such laws, shall be posted accordingly. That by signing this Agreement
and to ensure compliance with the notice posting requirements, each Party grants
consent to all other Parties to inspect that Party's respective premises and work places
upon request of any of the other Parties. However, nothing in this Agreement should
be construed as imposing a duty to inspect another Party's respective premises and
work places, and this agreement does not create a joint or employer/employee
relationship between a Party and another Party's employees.
13.Severability:
The provisions of this Contract are severable to the extent that any provision or
application held to be invalid shall not affect any other provision or application of the
Contract which shall remain in effect without the invalid provision or application.
14. Non-Waiver:
Any delay or failure to exercise or enforce any right, power, privilege, or remedy under
this Agreement may not be deemed a waiver, release, or modification of the
requirements of this Agreement or any of its terms or provisions.
15. Compliance with Laws:
The Agency will comply with all existing and subsequently enacted federal, state, and
local laws, ordinances, codes, and regulations that are, or become applicable to this
Agreement. If a subsequently enacted law imposes substantial additional costs, a
request for an amendment may be submitted pursuant to this Agreement.
16.Transactional Conflict of Interest:
The Parties acknowledge that this Agreement is subject to cancellation provisions
pursuant to Arizona Revised Statutes (A.R.S.) §38-511, the provision of which are
incorporated herein and made a part hereof.
Last revised: January 2, 2020
17. Compliance with Non-Discrimination Laws:
The Parties agree to comply with all applicable state and federal laws, rules,
regulations, and executive orders governing equal employment opportunity, non-
discrimination, and affirmative action.
18. Equal Employment Opportunity and Equal Pay:
All parties shall comply with all applicable State and Federal employment laws, rules
and regulations, including the Americans with Disabilities Act.
19. Drug Free Workplace:
The Parties will comply with the Drug Free Workplace Act of 1988 and will permit
inspection of its personnel records to verify such compliance. A Party's breach of the
above-mentioned warranty shall be deemed a material breach of the Agreement and
may result in the termination of the Agreement.
20. Immigration Requirements:
The Parties will comply with the Immigration Reform and Control Act of 1986 ("IRCA")
and will permit inspection of its personnel records to verify such compliance. To the
extent applicable under A.R.S. § 41-4401, each Party warrants compliance with all
federal immigration laws and regulations that relate to its employees and compliance
with the E-Verify requirements under A.R.S. § 23-214(A). Each Party has the right to
inspect the papers of the other Parties participating in this Agreement to ensure
compliance with this paragraph. A Party's breach of the above-mentioned warranty
shall be deemed a material breach of the Agreement and may result in the termination
of the Agreement.
21. Legal Worker Requirements:
The City is prohibited by Arizona Revised Statutes § 41-4401 from awarding an
agreement to any organization who fails, or whose subcontractors fail, to comply with
Arizona Revised Statutes § 23-214(A). Therefore, the Agency agrees that:
21.1 Each subcontractor the Agency uses warrants their compliance with all federal
immigration laws and regulations that relate to their employees and their
compliance with Arizona Revised Statutes § 23-214,
21.2 A breach of warranty will be deemed a material breach of the Agreement and is
subject to penalties up to and including termination of the Agreement.
21.3 Only through an audit with the Agency, will the City retain the legal right to inspect
the papers of the Agency or subcontractor employee(s) who work(s) on this
Agreement to ensure that the Agency or subcontractor is complying with the
warranty.
22. Lawful Presence Requirement:
Pursuant to A.R.S. §§ 1-501 and 1-502, the City of Phoenix is prohibited from awarding
a contract to any natural person who cannot establish that such person is lawfully
present in the United States. To establish lawful presence, a person must produce
qualifying identification and sign a City-provided affidavit affirming that the identification
Last revised: January 2, 2020
8
provided is genuine. This requirement will be imposed at the time of contract award.
This requirement does not apply to business organizations such as corporations,
partnerships, or limited liability companies.
23. Arbitration:
In accordance with A.R.S. § 12-1518, where applicable, the Parties agree to resolve
all disputes arising out of or relating to this Agreement through arbitration as required
by A.R.S. § 12-133.
ARTICLE V. PAYMENTS
1. Total Charges and Fees:
The City through its Fire Department agrees to provide the technical support to
maintain nine (9) "positions" that are currently not eligible for state-funded
maintenance in the MCSO 9-1-1 Call Center at a cost $500 per posftion per month for
a total cost annual cost of $54,000 per year.
Pricing
Item
Price
(per month)
MRCW-23
$500.00
MRCW-24
$500.00
MRCW-25
$500.00
MRCW-26
$500.00
MRCW-27
$500.00
MRCW-28
$500.00
MRCW-29
$500.00
MRCW-30
$500.00
MRCW-32
$500.00
Sub-total
$4,500 per month
Year 1 Total = $54,000.00
The total annual charge is $54,000.
Effective July 1, 2020
2. Billing:
The City will bill $54,000 the entire cost for the contract year services each July
throughout the term of this Agreement for an aggregate amount of $270,000 over the
5-year period.
2.1
Bills will be addressed to:
Maricopa County Sheriffs Office
Accounts Payable
550 W Jackson Street
Phoenix, AZ 85003
9
Last revised: January 2, 2020
2.2 Payment is due within 20 days of receipt of the invoice.
2.3
In the event this Agreement terminates within any given contract year, the City will
reimburse the County the full cost per "position" month remaining in the contract year.
2.4 The City will notify County by January 10 the annual charge for the next fiscal
year. A change in the amount, positive or negative, will require an amendment
to this Agreement.
ARTICLE VI. INDEMNIFICATION
1. Indemnification:
To the extent permitted by law, each party shall indemnify, defend, save, and hold
harmless the other party and its officers, officials, agents, and employees from and
against any and all claims, actions, liabilities, damages, losses, or expenses (including
court costs, attorneys' fees, and costs of claim processing, investigation, and litigation)
(hereinafter referred to as "Claims") for bodily or personal injury (including death), or
loss or damage to tangible or intangible property caused, or alleged to be caused, in
whole or in part, by the negligent or willful acts or omissions of each party or any of its
respective owners, officers, directors, agents, employees, or subcontractors.
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Last revised: January 2, 2020
ARTICLE VII. NOTICES
1. Any notice, consent, or other communication ("notice") required or permitted under this
Agreement must be in writing and either delivered in person, sent by facsimile
transmission, deposited in the United States mail, postage prepaid, registered, or
certified mail, return receipt requested, or deposited with any commercial air courier or
express service addressed as follows:
If to City:
Phoenix Fire Department
150 South 12th Street
Phoenix, AZ 85034
Attn: Kara Kalkbrenner
Phoenix Fire Chief
Telephone: (602) 256-3189
Fax: (602) 262-4429
If to Agency:
Maricopa County Sheriffs Office Headquarters
550 West Jackson Street
Phoenix, AZ 85003
Attn: Paul Penzone
Sheriff
Telephone: (602) 876-1000
Fax:
Contact: Liz Graeber Regional 9-1-1 Services Administrator
Telephone: (602) 534-9775
Email: liz.graeberphoenix.gov
Notice will be deemed received at the time it is personally served or, on the day it is
sent by facsimile transmission or, upon deposit with any commercial air courier or
express service or, if mailed, ten (10) days after the notice is deposited in the United
States mail as provided above. Either Party may change its mailing address, fax
number, or the contact information for the person to receive notice by notifying the
other Party as provided herein. Notice sent by facsimile transmission must also be sent
by regular mail to the recipient at the above address. This requirement for duplicate
notice is not intended to change the effective date of the notice sent by facsimile
transmission.
Last revised: January 2, 2020
liii
By:
Paul Penzone
Sheriff
date
Acting City Attorney
Date
IN WITNESS WHEREOF, this Agreement is executed as provided below. Further, in
signing this Agreement, the signatories below affirm and attest that they are authorized to
execute this Agreement on behalf of their respective Party.
CITY OF PHOENIX, a municipal corporation MARICOPA COUNTY, a political
ED ZUERCHER, City Manager
subdivision of the State of Arizona,
Board of Supervisors
By:
By:
Kara Kalkbrenner
Date Clint Hickman
Date
Fire Chief
Chairman of the Board
ATTEST:
ATTEST:
City Clerk
Date Fran McCarroll
Date
Clerk of the Board
APPROVED AS TO FORM:
APPROVED AS TO FORM:
Last revised: January 2, 2020
LP