REGIONAL EMERGENCY OPERATIONS MANAGEMENT IGA.PDF

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, 2023 (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.RS. 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;

WHEREAS, the parties mutually desire that preparation shall be adequate to provide
for the common defense against disaster;

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, 42 U.S.C. 5121-5207; Post Katrina Emergency Management Reform Act
of 2006, 6 U.S.C. 701-811; applicable Federal Emergency Management Guides and Directives; and
applicable State of Arizona Emergency Plans; and

WHEREAS, Ordinance No. S-49866 dated June 14, 2023 authorized the Public
Agency to enter into an agreement with the County for Regional Emergency Operations Management
And Disaster Services.

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 as that
contained in A.R.S. §11-951.

2. “Participating Public Agencies” means those public agencies, which have active agreements for
Disaster and Emergency Management Services with the County.

1.

TERMS OF AGREEMENT

County Obligations
County shall:

a.

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 and 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.

In its 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:

(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 Operations Center for the County if alternate
location is needed.

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.

(2) Fund Appropriation Contingency: The Parties understand that the continuation of this
Agreement is subject to the budget of the Agency providing for the Agreement as an
expenditure. The Agency 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

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 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.

The parties ‘acknowledge that this Agreement is subject to cancellation pursuait to
ARS. § 38-511.

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.

The term of this Agreement shall commence on the Effective Date and continue until June 30,
2033, 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 date of the
termination is 30 days after written notice is given.

“Confidential Information” means all non-public, sensitive, or proprietary information disclosed
or made available by one party (“Discloser”) to the other party or its affiliates, employees,
contractors, partners, or agents (collectively “Recipient”) related to emergency management
programs, whether disclosed before or after the Effective Date, whether disclosed orally, in writing,
or via permitted electronic access, and whether or not marked, designated, or otherwise identified
as confidential. Confidential Information includes, but is not limited to: user contents, electronic
data, network configurations, information security practices, financial accounts, personally
identifiable information, emergency protocols, protected criminal justice information, and any
other information that by the nature and circumstance of the disclosure should be included.
Confidential Information does not include this document or information that: (a) is now or
subsequently becomes generally available to the public through no wrongful act or omission of
Recipient; (b) Recipient can demonstrate by its written records to lawfully have had in its
possession prior to receiving such information from Discloser; (c) Recipient can demonstrate by
its written records to have been independently developed by Recipient without direct or indirect
use of any Confidential Information; (d) Recipient lawfully obtains from a third party who has the
right to transfer or disclose it; or (e) Discloser has approved in writing for disclosure and (f)
information required to be disclosed pursuant to applicant law.

a. Non-Disclosure and Unauthorized Use. Recipient shall: (a) protect and safeguard
Confidential Information with at least the same degree of care as Recipient would protect its own
Confidential Information, but in no event with less than a commercially reasonable degree of care,
such as using data encryption and maintaining appropriate technical and organizational security
measures; (b) not use Confidential Information, or permit it to be accessed or used, for any purpose
other than in accordance with this Agreement or applicable law; (c) not use Confidential
Information, or permit it to be accessed or used, in any manner that would constitute a violation
of law, including without limitation export control and data privacy laws; and (d) not disclose
Confidential Information except to the minimum number of recipients who have a need to know
and who have been informed of and agree to abide by confidentiality obligations that are no less
restrictive than the terms of this Agreement.

b. Public Record. Parties acknowledge, accept, and agrees that both parties are subject to
the Arizona Open Meeting Law, Arizona Revised Statutes (A.R.S.) §§ 38-431 through 38-431.09
and the Arizona Public Records Act, A.R.S. §§ 39-121 through 39-161, as amended from time to
time. Information provided may be subject to public record requests and may be disclosed and
preserved as a public record. when it is made or received by a governmental agency in pursuance
of law or in connection with the transaction of public business and preserved by the agency or its
legitimate successor as evidence of the organization, functions, policies, decisions, ‘procedures, °
operations, or other activities of government. Parties agree that the Discloser must clearly mark
or designate Confidential Information as such to invoke the terms of this Agreement.

c. Required Disclosure. If Recipient is required by law to disclose Confidential
Information, Recipient will first give written notice to Discloser and provide Discloser with a
meaningful opportunity to seek a protective order or limit the disclosure at Discloser’s own costs.
Where the Public Agency is the Recipient, Discloser will be deemed to have consented to the
release of Confidential Information if Discloser fails to act within fourteen (14) calendar days
from the date of Recipient’s notice. Recipient will make reasonable efforts to disclose only that
portion of the Confidential Information that is legally required.

d. Ownership. Confidential Information shall remain the exclusive property of the
Discloser. Nothing in this Agreement shall be construed to grant the Recipient any proprietary
rights, whether by license, assignment, or otherwise, to the Confidential Information.

e. Return or Destruction. Upon Discloser’s written request, completion of the Purpose,
or expiration of this Agreement, whichever is earlier, Recipient shall promptly return or destroy
all Confidential Information belonging to Discloser that Recipient has in its possession or control,
unless precluded from doing so by applicable law. Upon Discloser’s request, Recipient will
certify as to its compliance with this paragraph. The requirements of this paragraph shall be
subject to all public record retention policies, legal holds, and applicable laws.

f. Disposition of Property: Upon cancellation or termination of this Agreement, each
party will retain ownership of their solely provided property for the purposes of disposing of
property on such partial or complete termination

8. 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)

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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 permittéd 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.

Indemnifications Survive. The provisions of this Agreement wherein a Party has explicitly
indemnified the other Party shall survive the expiration or earlier termination of this Agreement.

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.

Non-Waiver: Any Public Agency 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.

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:

To County, to the attention of: To Public Agency, to the attention of:

Director Director

Maricopa County Department of City of Phoenix Fire Department

Emergency Management Office of Homeland Security & Emergency Mgmt.
5630 East McDowell Rd 150 S. 12" Street

Phoenix, AZ 85008 Phoenix, Az 85034

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.

. 16. 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.

Datedthisth day of Jy, 2023 Dated this___ day of 2023

CITY OF PHOENIX, a municipal corporation

JEFF BARTON, City Manager

By: ELLA.

Michael J. Duran Clint Hickman

Fire Chief 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.

DiS GX

Assistant Chief Counsel Races Deputy County Attorney
ATTEST:
City Clerk Juanita Garza

Clerk of the Board