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Revised 3/25/2024
AG. Contract No. ________________
ARIZONA DEPARTMENT OF FORESTRY AND FIRE MANAGEMENT
COOPERATIVE AGREEMENT
This Cooperative Agreement is made by and between Maricopa County and the Department of Forestry and Fire
Management (State Forester).
This Agreement supersedes all previous Cooperative Intergovernmental Agreements and will be effective for a period
of (10) ten-years from the date of final signature. Further, this Agreement may be canceled by either Party at any time
upon (30) thirty-day written notice to the other party. At the termination of this Agreement, each party shall return to the
other party any equipment belonging to that party.
.
RECITALS:
WHEREAS the County and State Forester wish to enter into a Cooperative Agreement for the protection of forests and
wildlands, and assistance with fire and non-fire national, state, and county emergencies and multi-agency logistical
support in this state and other states;
WHEREAS the State Forester and the County have a duty and responsibility to respond to wildland fire and other non-
fire national, state and county emergencies;
WHEREAS the State Forester is authorized to enter this Cooperative Agreement under A.R.S. §§ 37-1302 (A) (13),
37-1303(D) and 37-1305(H),
WHEREAS the County is authorized to enter this Cooperative Agreement under A.R.S. §§ 11-251 et seq. and 26-308,
and
NOW THEREFORE, the parties to this agreement do hereby agree as follows:
1.
THE STATE AGREES:
A.
To pay and reimburse the County for County resources used for incident support, and other incident
related activities within the State’s jurisdiction pursuant to the current Annual Operating Plan for
Cooperative Fire Rate Agreements. Equipment will be reimbursed at rates established by the Federal
Emergency Management Agency (FEMA) for emergency equipment use;
B.
To provide DFFM resources and resources under DFFM agreement to the County for wildland fire
suppression, pre-suppression, and for unplanned all-risk emergencies, for incidents that originate on
county owned property, when requested by the County and deemed available by the State Forester.
Per A.R.S. §37-1305 (H), the State Forester may require reimbursement for costs incurred for these
requested resources. Payment for the State's resources will be negotiated as soon as practical after
each request and will be based upon one or more of the following factors: the type of request,
resources furnished, jurisdiction, land ownership, threat to State jurisdiction, state or federal
emergency declaration status, and the actual cost of those resources to the State;
C.
To make available organization and training technical assistance and other expertise to the County
as staffing may allow;
D.
To reimburse the County under an approved Federal Emergency Management Agency Fire
Management Assistance Grant (FMAG) for eligible costs relating to Essential Assistance as described
under Subpart C, 204.42, CFR 44 and Section 403 Robert T. Stafford Disaster Relief and Emergency
Assistance Act 42 U.S.C. 5121. These costs are commonly known as Category B expenses and must
be incurred during the declared emergency period as defined in the grant declaration. Under an
approved FMAG, the State shall reimburse the county 75% (75% Federal share) of its eligible costs.
The remaining 25% cost share is borne by the County;
Revised 3/25/2024
E
That resource orders originating from the County and ordered through the County Emergency
Operation Center will be considered potential Category B expenses;
F.
That resource orders originating from the Incident and ordered through the DFFM Dispatch Center will
be considered potential Category H (direct firefighting) expenses. These expenses will be reimbursed
at 100% by the incident.
G.
To make available such equipment as can be obtained and is suitable for the use of the County in fire
management and emergency work;
H.
The County may purchase wildland firefighting equipment and supplies through the State Forester's
procurement system.
2.
THE COUNTY AGREES:
A.
The County Emergency Manager shall be the coordinator for all County Departments for the
implementation of this agreement.
B.
Reimbursement for emergency assistance and cooperation provided by the County at the request of
the State for emergency services shall be pursuant to the current Annual Operating Plan for
Cooperative Fire Rate Agreements.
C.
That no reimbursement for loss of County equipment due to ordinary wear and tear will be made.
Condition of equipment to be determined by inspection conducted at check-in to and demobilization
from an incident.
D.
To submit claims for reimbursement to the State within sixty (60) days after release of its personnel
and/or equipment in the manner and form prescribed by the State; procedures for invoicing can be
found at https://dffm.az.gov/fire/cooperator-and-fire-business.
E.
To participate to the extent possible in fire prevention activities as requested by the State;
F.
That County resources assigned to an incident will accept direction and supervision by the State
Forester or his duly authorized representatives while engaged in fire suppression and emergency
related activities at the State’s request;
G.
To maintain emergency incident training qualifications as set forth by the State; Qualifications are
defined in the National Wildfire Coordinating Group (NWCG) publication Wildland Fire Qualifications
Subsystem Guide Handbook 310-1, and as defined by the Federal Emergency Management Agency
(FEMA) and documented as part of the National Incident Management System (NIMS):
H.
To accept and use equipment obtained from the State pursuant to this agreement ("Assigned
Equipment"); to maintain the Assigned Equipment in operable condition and state of readiness, and
promptly report any loss or damage of such equipment to the State; to obtain prior approval for any
planned alterations of the Assigned Equipment from the State; to provide adequate shelter from the
weather elements for the Assigned Equipment; upon request, the Cooperator will promptly provide the
State Forester with a report of the condition of Assigned Equipment; that the Assigned Equipment may
not be sold, transferred, loaned or otherwise disposed of, or traded, but must be returned to the State
Forester; the assigned equipment will be painted and identified and marked in a manner that will
indicate the cooperation between the County and the State; and if the equipment is not used as
provided by this agreement, the State Forester may remove said equipment upon written notification.
3.
JOINT PROJECTS:
The County and the State may jointly conduct appropriate mutual interest projects from time to time
to maintain and improve the parties’ emergency services and fire protection capability. Such projects
will be documented and will set forth the objective of each undertaking and the role each agency will
play in accomplishing that objective. The documentation shall show the anticipated cost, the amount
of each agency’s share of the cost, and the anticipated duration of the undertaking. Project specific
work agreements may be developed to exchange funds between the County and State.
Revised 3/25/2024
4.
MUTUAL AGREEMENTS:
A.
That every obligation of the State Forester or the County under this Agreement is conditioned upon
the availability of funds appropriated or allocated for the payment of such obligation; if funds are not
allocated and available for the continuance of this Agreement, this Agreement may be terminated by
either Party at the end of the period for which funds are available. No liability shall accrue to either
Party in the event this provision is exercised, and neither Party shall be obligated or liable for any
future payments for any damages as a result of termination under this paragraph.
B.
Amendments: This agreement may be modified only by a written amendment signed by both
parties. However, if mutually agreed, the parties may enter into specific supplemental, written
agreements, subject to appropriate approvals, to accomplish the goals of this agreement and to
carry out its terms and conditions.
C.
Dispute Resolution: In the event of a dispute, the parties agree to arbitrate the dispute to the extent
required by A.R.S. Section 12-1518.
D.
Inspection and Audit of Records: Pursuant to A.R.S. Sections 35-214 and -215, the County shall
retain all books, accounts, reports, files and other records ("Records") relating to this agreement for a
period of five years after completion of the contract. All records shall be subject to inspection and
audit by the State Forester or State Auditor General at all reasonable times. Upon request, the County
shall produce the original of any and all such records at the offices of the State Forester.
E.
Cancellation for Conflict of Interest: Pursuant to A.R.S. Section 38-511, the State may, within three
years after its execution, cancel this contract, without penalty or further obligation, if any person
significantly involved in initiating, negotiating, securing, drafting or creating the contract on behalf of
the State is, at any time while the contract or any extension of the contract is in effect, an employee
or agent of any other party to this contract in any capacity, or a consultant to any other party to this
contract with respect to the subject matter of the contract. The cancellation shall be effective when
written notice from the Governor is received by all other parties to the contract of the cancellation,
unless the notice specifies a later time.
F.
Non-discrimination. The Parties shall comply with State Executive Order (EO) 2009-09, and EO
2023-01, as applicable, the pertinent provisions of which are incorporated into this Agreement by
reference, and which mandate, in part, that all persons, regardless of race, color, religion, sex, age,
national origin or political affiliation, shall have equal access to employment opportunities, and all other
applicable State and Federal employment laws, rules and regulations, including the Americans with
Disabilities Act. The Parties shall take affirmative action to ensure that applicants for employment and
employees are not discriminated against due to race, creed, color, religion, sex, national origin or
disability.
G.
Third-Party Antitrust Violations: The Cooperator assigns to the State any claim for overcharges
resulting from antitrust violations to the extent that such violations concern materials or services
supplied by third parties to the Cooperator toward fulfillment of this Agreement.
H.
Notices: All notices required by this agreement shall be in writing delivered to the person and
addresses specified below or to such other persons or addresses as either party may designate to the
other party by written notice.
State Forester:
Maricopa County:
Office of the State Forester
Department of Emergency Management
Arizona Department of Forestry
5630 E. McDowell Rd
and Fire Management
Phoenix, AZ 85008
1110 West Washington, Suite 500
602-273-1411
Phoenix, AZ 85007
602-275-1638 fax
602-771-1400
602-771-1421 fax
Revised 3/25/2024
I.
Indemnification:
Each party (as "Indemnitor") agrees to defend, indemnify, 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. The State of Arizona, Arizona Department of Forestry and Fire Management is self-
insured per A.R.S. 41-621.
In addition, should Maricopa County utilize a contractor(s) and subcontractor(s) the indemnification
clause between Maricopa County and its contractor(s) and subcontractor(s) shall include the
following: Contractor shall defend, indemnify, and hold harmless the County of Maricopa and the
State of Arizona, and any jurisdiction or agency issuing any permits for any work arising out of this
Agreement, and its departments, agencies, boards, commissions, universities, , officers, officials,
agents, and employees (hereinafter referred to as “Indemnitee”) 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 injury 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 the
contractor or any of the directors, officers, agents, or employees or subcontractors of such
contractor. This indemnity includes any claim or amount arising out of or recovered under the
Workers’ Compensation Law or arising out of the failure of such contractor to conform to any federal,
state or local law, statute, ordinance, rule, regulation or court decree. It is the specific intention of the
parties that the Indemnitee shall, in all instances, except for Claims arising solely from the negligent
or willful acts or omissions of the Indemnitee, be indemnified by such contractor from and against
any and all claims. It is agreed that such contractor will be responsible for primary loss investigation,
defense and judgment costs where this indemnification is applicable. Additionally on all applicable
insurance policies, contractor and its subcontractors shall name the State of Arizona, and its
departments, agencies, boards, commissions, universities, officers, officials, agents, and employees
as an additional insured and also include a waiver of subrogation in favor of the State.
J.
Workers’ Compensation (Mutual Aid). For purposes of workers’ compensation, an employee of a
Party to this Agreement, who works under the jurisdiction or control of, or who works within the
jurisdictional boundaries of another Party pursuant to this Agreement, is deemed to be an employee
of both the Party who is his primary employer and the Party under whose jurisdiction or control or
within whose jurisdiction he is then working, as provided by A.R.S. § 23-1022(D). The primary
employer Party of such employee shall be solely liable for payment of workers’ compensation
benefits for the purposes of this section. The Parties herein shall comply with the provisions of
A.R.S. § 23-1022(E) by posting the public notice required.
1.1
Insurance Requirements for Governmental Parties to a Cooperative Agreement
-None
1.2
Insurance Requirements for Any Contractors Used by a Party to the Cooperative Agreement
(Note: this applies only to Contractors used by a governmental entity, not to the governmental entity
itself.) The insurance requirements herein are minimum requirements and in no way limit the
indemnity covenants contained in the Intergovernmental Agreement. The State of Arizona in no way
warrants that the minimum limits contained herein are sufficient to protect the governmental entity or
Contractor from liabilities that might arise out of the performance of the work under this Contract by
the Contractor, his agents, representatives, employees or subcontractors, and Contractor and the
governmental entity are free to purchase additional insurance.
1.3
Minimum Scope And Limits Of Insurance
Contractor shall provide coverage with limits of liability not less than those stated below.
1.3.1
Commercial General Liability – Occurrence Form
Revised 3/25/2024
Policy shall include bodily injury, property damage, and broad form contractual liability
coverage.
●
General Aggregate
$2,000,000
●
Products – Completed Operations Aggregate
$1,000,000
●
Personal and Advertising Injury
$1,000,000
●
Damage to Rented Premises
$ 50,000
●
Each Occurrence
$1,000,000
a.
The policy shall be endorsed, as required by this written agreement, to include the State
of Arizona, and its departments, agencies, boards, commissions, universities, officers,
officials, agents, and employees as additional insureds with respect to liability arising
out of the activities performed by or on behalf of the Contractor.
b.
Policy shall contain a waiver of subrogation endorsement, as required by this written
agreement, in favor of the State of Arizona, and its departments, agencies, boards,
commissions, universities, officers, officials, agents, and employees for losses arising
from work performed by or on behalf of the Contractor.
(Note that the other governmental entity(ies) is/are also required to be additional insured(s)
and they should supply the Contractor with their own list of persons to be insured.)
1.4
Business Automobile Liability
Bodily Injury and Property Damage for any owned, hired, and/or non-owned automobiles used in the
performance of this Contract.
●
Combined Single Limit (CSL)
$1,000,000
a.
Policy shall be endorsed, as required by this written agreement, to include the State of
Arizona, and its departments, agencies, boards, commissions, universities, officers,
officials, agents, and employees as additional insureds with respect to liability arising out
of the activities performed by, or on behalf of, the Contractor involving automobiles
owned, hired and/or non-owned by the Contractor.
b.
Policy shall contain a waiver of subrogation endorsement as required by this written
agreement in favor of the State of Arizona, and its departments, agencies, boards,
commissions, universities, officers, officials, agents, and employees for losses arising
from work performed by or on behalf of the Contractor.
(Note that the other governmental entity(ies) is/are also required to be additional insured(s) and
they should supply the Contractor with their own list of persons to be insured.)
1.4.1
Workers’ Compensation and Employers' Liability
Workers' Compensation
Statutory Employers' Liability
●
Each Accident
$1,000,000
●
Disease – Each Employee
$1,000,000
●
Disease – Policy Limit
$1,000,000
a.
Policy shall contain a waiver of subrogation endorsement, as required by this written
agreement, in favor of the State of Arizona, and its departments, agencies, boards,
commissions, universities, officers, officials, agents, and employees for losses arising
from work performed by or on behalf of the Contractor.
b.
This requirement shall not apply to each Contractor or subcontractor that is exempt
under A.R.S. § 23-901, and when such Contractor or subcontractor executes the
appropriate waiver form (Sole Proprietor or Independent Contractor).
Revised 3/25/2024
1.5
Additional Insurance Requirements
The policies shall include, or be endorsed to include, as required by this written agreement, the
following provisions:
1.5.1
The Contractor's policies, as applicable, shall stipulate that the insurance afforded the
Contractor shall be primary and that any insurance carried by the Department, its agents,
officials, employees or the State of Arizona shall be excess and not contributory insurance,
as provided by A.R.S. § 41-621 (E).
1.5.2
Insurance provided by the Contractor shall not limit the Contractor’s liability assumed under
the indemnification provisions of this Contract.
1.6
Notice of Cancellation
Applicable to all insurance policies required within the Insurance Requirements of this Contract,
Contractor’s insurance shall not be permitted to expire, be suspended, be canceled, or be materially
changed for any reason without thirty (30) days prior written notice to the State of Arizona. Within
two (2) business days of receipt, Contractor must provide notice to the State of Arizona if they
receive notice of a policy that has been or will be suspended, canceled, materially changed for any
reason, has expired, or will be expiring. Such notice shall be sent directly to the Department and
shall be mailed, emailed, hand delivered.
1.7
Acceptability of Insurers
Contractor’s insurance shall be placed with companies licensed in the State of Arizona or hold
approved non-admitted status on the Arizona Department of Insurance List of Qualified
Unauthorized Insurers. Insurers shall have an “A.M. Best” rating of not less than A- VII. The State of
Arizona in no way warrants that the above-required minimum insurer rating is sufficient to protect the
Contractor from potential insurer insolvency.
1.8
Verification of Coverage
Contractor shall furnish the State of Arizona with certificates of insurance (valid ACORD form or
equivalent approved by the State of Arizona) as required by this Contract. An authorized
representative of the insurer shall sign the certificates.
1.8.1
All certificates and endorsements, as required by this written agreement, are to be received
and approved by the State of Arizona before work commences. Each insurance policy
required by this Contract must be in effect at, or prior to, commencement of work under this
Contract. Failure to maintain the insurance policies as required by this Contract, or to provide
evidence of renewal, is a material breach of contract.
1.8.2
All certificates required by this Contract shall be sent directly to the Department. The State
of Arizona project/contract number and project description shall be noted on the certificate of
insurance. The State of Arizona reserves the right to require complete copies of all insurance
policies required by this Contract at any time.
1.9
Subcontractors
Contractor’s certificate(s) shall include all subcontractors as insureds under its policies or Contractor
shall be responsible for ensuring and/or verifying that all subcontractors have valid and collectable
insurance as evidenced by the certificates of insurance and endorsements for each subcontractor.
All coverages for subcontractors shall be subject to the minimum Insurance Requirements identified
above. The Department reserves the right to require, at any time throughout the life of the Contract,
proof from the Contractor that its subcontractors have the required coverage.
1.10
Approval and Modifications
The Contracting Agency, in consultation with State Risk, reserves the right to review or make
modifications to the insurance limits, required coverages, or endorsements throughout the life of this
contract, as deemed necessary. Such action will not require a formal Contract amendment, but may
be made by administrative action.
1.11
Exceptions
In the event the Contractor or subcontractor(s) is/are a public entity, then the Insurance
Requirements shall not apply. Such public entity shall provide a certificate of self-insurance. If the
Revised 3/25/2024
Contractor or subcontractor(s) is/are a State of Arizona agency, board, commission, or university,
none of the above shall apply.
In WITNESS WHEREOF the parties by and through their duly qualified acting officials have hereunto set their hands.
State of Arizona
Department of Forestry and Fire Management
By
Thomas A. Torres
State Forester
Date:
Maricopa County
By
Jack Sellers, Chairman of the Board
Date:
By
__Clerk of the Board
Date:
By
__County Attorney
Date: