IGA WITH CITY OF PHOENIX MAINTAINANCE ON CONSOLE UNITS ADULT PROBATION - FINAL.PDF

143104-0 
C-50-16-/05- 3 -00 
Intergovernmental Agreement 
between 
City of Phoenix 
and 
Maricopa County 
by and through 
Maricopa County Sheriff's Office 
This Intergovernmental Agreement ("Agreement") is entered into by the City of Phoenix 
("City") and Maricopa County ("County") by and through the Maricopa County Sheriffs 
Office ("MCSO"), (collectively referred to as "Parties," or individually as "Party"). 
Whereas the Regional 911 Services, located on the Phoenix Fire Department campus, 
provides 24-hour 911 system maintenance and oversees the installation of 911 
equipment for twenty-six 911 centers throughout the Maricopa Region 
Whereas this service is paid for through monies distributed by the State of Arizona to the 
City; 	
and 
Whereas the MCSO is one of the 911 centers for which Regional 911 Services provides 
state-funded 911 maintenance; and 
Whereas MCSO recently acquired nine (9) 911 call-taking positions, (hereinafter referred 
to as "positions,") that require day-to-day maintenances and technical support, but do not 
meet the emergency 911 criteria to qualify for state-funded maintenance; and 
Whereas MCSO's current use of "positions" includes an understanding that "positions" 
would be commandeered for use as emergency 911 "positions" in a declared emergency 
situation; and 
Whereas the MCSO requires dedicated time and resources from City's Regional 911 
Services; 
NOW THEREFORE, pursuant to A.R.S. §11-952, the undersigned Parties do hereby 
agree as follows: 
1. 	
The initial term of this Agreement begins retroactive to July 1, 2015 and 
continues through June 30, 2017. The Agreement is effective when executed by 
all of the parties. 
a) 	
This Agreement will automatically renew for up to five (5) consecutive 
automatic one-year renewals. 
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b) 	
If not renewing for any upcoming fiscal year, the City or County must give 
notice of non-renewal to the other party by April 15. 
2. 	
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 911 Call Center at a cost $750 per call station 
per month for a total cost annual cost of $81,000 per year (Exhibit A, Pricing 
Sheet). 
3. 	
The City will bill County via the MCSO each July the entire cost for the contract 
year. 
a) 
The exception is the initial term (FY 2016), where the City will bill the 
County $81,000 for the entire fiscal year 2016 upon 10 days receipt of full 
execution of this Agreement. 
b) 
Bills will be addressed to: 
Maricopa County Sheriffs Office, 
Accounts Payable 
550 W Jackson Street 
Phoenix, AZ 85003 
c) 
Payment is due within 20 days of receipt of the invoice. 
d) 
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. 
e) 
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. 
4. 	
The Scope of Work is described in the attached file EXHIBIT B: Regional 911 
Services Maintenance Scope of Work. 
5. 	
Pursuant to A.R.S. §38-511, a Party may cancel this Agreement without penalty 
or further obligation within three years after execution of the contract, if any 
person significantly involved in initiating, negotiating, securing, drafting or 
creating the contract on behalf of that party 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 consultant to any other Party 
of the Agreement with respect to the subject matter of the Agreement. 
Additionally, pursuant to A.R.S § 38-511 the Party cancelling this Agreement 
may recoup any fee or commission paid or due to any person significantly 
involved in initiating, negotiating, securing, drafting or creating the contract on its 
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behalf from any other Party to the contract arising as the result of the 
Agreement. 
6. 	
The continuation of this Agreement beyond the initial contract year is 
dependent on and subject to the appropriation and availability of funding for 
each Party in each subsequent fiscal year. If sufficient funding is not made 
available to allow a Party to continue meeting its contractual obligations under 
this Agreement, that Party shall so notify the other Parties and the notifying Party 
may cancel this Agreement and have no further obligation to the other Parties. In 
the alternative, the Parties may, by mutual written agreement, modify this 
Agreement to reduce the level of compensation, services or other consideration 
provided. 
7. 	
Relationship 
a) 
This Agreement is not intended to constitute, create, give rise to, or 
otherwise recognize a joint venture agreement, partnership or other formal 
business association or organization of any kind, and the rights and 
obligations of the parties shall be only those expressly set forth in this 
Agreement. 
b) 
Except as provided in this Agreement, employees or volunteers of one Party 
shall not be deemed employees of the other Parties. Parties 
acknowledge that under this Agreement of a Party any rights of the other 
Parties civil service, retirement, or personnel rules. Each Party shall have 
total responsibility for all salaries, wages, bonuses, retirement, with-
holdings, workman's compensation, occupational disease compensation, 
unemployment compensation, other employee benefits, and all taxes and 
premiums appurtenant thereto concerning such individuals and shall save 
and hold the County harmless with respect thereto. 
8. 	
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 the negligent performance of this IGA, 
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. 
9. 	
Insurance 
The parties agree to secure and maintain insurance coverage for any and all risks 
that may arise out of the terms, obligations, operations, and actions as set forth in 
this Agreement, including but not limited to public entity insurance. The acquisition 
of insurance or the maintenance and operation of a self-insured program may fulfill 
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this insurance requirement; provided, however, that the unencumbered reserves 
available under any such self-insurance program shall be equal to or greater than 
the required minimum coverage amounts set forth below: 
a) 
Public Entity Liability: County shall maintain public entity liability coverage 
for bodily injury and property damage with an unimpaired limit of not 
less than $2,000,000 for each occurrence; $4,000,000 aggregate limit. 
The policy shall cover liability arising from premises/operations and 
personal injury. 
b) 
Automobile Liability: The County shall maintain Business Automobile 
Liability insurance with a limit of $1,000,000 combined single limit each 
occurrence on County's owned, hired and non-owned automobiles 
assigned to or used in the performance of the Law Enforcement Services 
under this Agreement. 
c) 
Workers' Compensation Insurance: County shall maintain Workers' 
Compensation insurance to cover obligations imposed by federal and state 
statutes having jurisdiction of County's employees engaged in the 
performance of Law Enforcement Services under this Agreement and shall 
also maintain Employer's Liability Insurance of $1,000,000 for each 
accident, $500,000 disease for each employee and $1,000,000 disease-
policy limit. 
10. 
Neither party shall charge the other for any fees or expenses for work 
performed pursuant to this Agreement except as otherwise provided herein. 
11. 
The parties shall comply with Arizona Executive Order 2009-09 and any 
other Federal or State laws relating to equal opportunity and non-
discrimination, including the Americans with Disabilities Act. 
12. 
E-Verify. 
a) 	
Each Party to this Agreement warrants compliance with the Immigration 
and Nationality Act (INA using e-verify) and all other federal immigration 
laws and regulations related to the immigration status of its employees 
and A.R.S. §23-214(A). Each Party shall obtain statements from its 
subcontractors certifying compliance and shall furnish the statements to 
the other Party upon request. These warranties shall remain in effect 
through the term of this Agreement. Each Party and its subcontractors 
shall also maintain Employment Eligibility Verification forms (1-9) as 
required by the Immigration Reform and Control Act of 1986, as amended 
from time to time, for all employees performing work under this 
Agreement and verify employee compliance using the E-verify system and 
shall keep a record of the verification for the duration of the employee's 
employment or at least three years, whichever is longer. 1-9 forms are 
available for download at USCIS.GOV . 
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b) 	
Each Party retains the legal right to inspect contractor and subcontractor 
employee documents performing work under this Agreement to verify 
compliance with this Agreement. Each Party and its subcontractors shall 
be given reasonable notice of the other Party's intent to inspect and shall 
make the documents available at the time and date specified. Should 
either Party find that the other Party or any of its subcontractors are 
not in compliance; such non-compliance may be considered a material 
breach of this Agreement and the Party may pursue any and all remedies 
allowed by law. Nothing set out herein shall make any subcontractor an 
agent or employee of either Party. 
13. 
The laws of the State of Arizona shall govern this Agreement. Venue will be in the 
Maricopa County Superior Court unless otherwise agreed to between the Parties. 
14. 
If any term, covenant, condition or provision of this Agreement is held by a court 
of competent jurisdiction to be invalid, void or unenforceable, the remainder of 
the provisions hereof shall remain in full force and effect and shall in no way be 
affected, impaired or invalidated. 
15. 
This Agreement may be amended only by the mutual written consent of 
authorized representatives for all Parties and require Board approval. 
16. 
This Agreement is effective when signed by the Parties. 
17. 
Any provision of this Agreement which is determined to be invalid, void or illegal 
shall in no way affect, impair or invalidate any other provision hereof, and 
remaining provisions shall remain in full force and effect. 
18. 
Waiver of any breach of any term, conditions or covenant herein contained shall 
not be deemed to be a waiver of any subsequent breach of any term, covenant 
or condition herein. 
19. 
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 one and the 
same instrument. Faxed and copied signatures are acceptable as original 
signatures. 
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20. 	
Contact Information for Agreement 
If to the City: 	
If to the County: 
Liz Graeber 	
Lee Ann Bohn 
Fire 911 Administrator 	
Chief of Administration 
Phoenix Fire Department 	
Maricopa County Sheriff's Office 
150 S. 12th Street 	
550 W. Jackson Street 
Phoenix, AZ 85034 	
Phoenix, AZ 85003 
(602) 534-9775 	
(602) 876-7891 
liz.graeber(&,phoenixsiov 	
L bohnmcso.maricobasiov  
Contact Information — Regional 911 Services 
602-534-0911 
911support@phoenix.gov  
21. 	
Termination: 
a) 
Either Party may amend, suspend, decrease, or terminate their 
obligations under, or in connection with, this Agreement. The 
Parties shall give (30) days advance written notice of the effective 
date of any suspension, amendment, or termination under this 
Section. 
b) 
Either party has the right to terminate this IGA upon twenty-four 
(24) hour notice when it is deemed the health or welfare of the 
service recipients is endangered. 
(Remainder of the page intentionally left blank, signatures to follow) 
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MARICOPA COUNTY BOARD OF 
SUPERVISORS 
BY: 
HickMan 	 Date 
Chairman of the Board 
JUN 0 8 2016 
CITY OF PHOENIX 
.ef 
BY, 
y of Phoenix 
Date 
AG. 
ATTEST: 
44/144dr 
	
JUN 0 8 2016 
o 
 
Deputy County Attorney 	
Date 
ACTING Attorney 
Date 
-\C'CPX\c\Q('''  a V--IK.Q.-+  
Print Name and Title 
ATTEST: 
Date 
The undersigned counsel: 
Fran McCarroll, 	
Date 
Clerk of the Board 
APPROVE AS TO FORM: 	
APPROVE AS TO FORM: 
id:30 A63 10 A110 
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EXHIBIT A 
PRICING 
A maintenance cost of $750 per "position" to provide technical support and maintenance 
for each call taking "position" per month. 
Item 
Price 
(per month) 
MRCW-23 
$750.00 
MRCW-24 
$750.00 
MRCW-25 
$750.00 
MRCW-26 
$750.00 
MRCW-27 
$750.00 
MRCW-28 
$750.00 
MRCW-29 
$750.00 
MRCW-30 
$750.00 
MRCW-32 
$750.00 
Sub-total $6,750.00 per month 
Year 1 Total = $81,000.00 
The total annual charge is $81,000 
Effective July 1,2015 
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EXHIBIT B 
Regional 911 Services Maintenance Scope of Work 
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 E9-1-1 Public Safety 
Answering Point (PSAP) system to ensure continued operations. Hardware 
maintenance includes the following equipment: 
• 
Computer Telephony Integration (CTI).  an intelligent workstations for 
telephony services. 
• 
Keyboard. A standard keyboard shall be capable of assisting with 
processing all telephone calls, including but not limited to voice and 
TTY/TDD calls. 
• 
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 TTYrIDD calls. 
• 
Screen and Monitor. All systems shall operate with current industry 
standards. 
• 
Spare Parts. Regional 911 Services shall be able to provide spares parts 
from above listed parts required to maintain the system. 
2- Preventative Maintenance 
Quarterly preventative maintenance checks will be done by Regional 911 Services 
on the Maricopa County Sheriffs Office Viper and Power 911 System. Regional 
911 Services will contact the PSAP and schedule the preventative maintenance at 
the beginning of each quarter. 
The PSAP will receive a quarterly report from Regional 911 Services after 
preventative maintenance is completed. 
3- Help Desk Support 
Regional 911 Services will be available by telephone for hardware and software 
support to system users. Regional 911 Services phone support shall be available 
24/7 to the PSAP for 911 system support. If the issue that was called in cannot be 
resolved through remote diagnostics and repair, then a technician shall be on-site 
within the below stated response times. 
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4- Response Times 
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. 
Onsite Response - If Regional 911 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 initial report. 
5- Maintenance Services 
Maintenance service will include: 
• Problems diagnosis and device repair at the PSAP location. 
• Protection of programs and data during diagnosis and repair process, and 
completion of documentation about maintenance activities in accordance with 
established procedures. 
• Return of the PSAP to full functionality as mutually agreed upon by Regional 
911 Services and PSAP. Return to full functionality may be accomplished 
through device repair, device replacement, or provision of a functionally 
equivalent loaner device. 
6- On-Site Reporting 
The Regional 911 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 911 trouble 
ticket system updates. These updates will be automatically sent to the PSAP 
Manager through email. 
7- Qualifications of Onsite 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. 
8- Software Support: 
Support includes installing software patches, hot fixes, service packs, and version 
upgrades provided by the software manufacturer. Regional 911 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 911 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 911 
software manufacturer. 
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