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HomeMy WebLinkAboutRes 2023-12RESOLUTION NO. 2023-12 A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF FOUNTAIN HILLS, MARICOPA COUNTY, ARIZONA, APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH MARICOPA COUNTY RELATING TO REGIONAL EMERGENCY OPERATIONS MANAGEMENT AND DISASTER SERVICES; AND AUTHORIZING THE MAYOR AND STAFF TO TAKE ANY AND ALL STEPS NECESSARY TO ACCOMPLISH THE INTENT OF THE AGREEMENT. WHEREAS, the Mayor and Town Council of the Town of Fountain Hills (the "Town") acknowledge an existing possibility of the occurrence of disasters of unprecedented size and destructiveness resulting from natural, technological, national security or other causes; and WHEREAS, the Town desires to adequately prepare to provide for the common defense against disaster; and WHEREAS, the Town desires to coordinate with Maricopa County, a political subdivision of the State of Arizona, to assure the coordinated preparation and execution of emergency management programs and plans for the preservation of life and property when disasters occur. BE IT RESOLVED BY THE MAYOR AND TOWN COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows: SECTION 1. That the Town, through its Mayor and Council, hereby approves the Intergovernmental Agreement (the "Agreement"), in substantially the form attached hereto as Exhibit A. SECTION 2. Pursuant to the terms of the Agreement, the Town hereby authorizes the expenditure not exceeding $5,000 to Maricopa County, as determined by the formula in the Agreement (proportional share of 50% of the costs as a participating public agency). Additional Council approval is required if the total annual assessment or maintenance cost exceeds $5,000 for the fiscal year. SECTION 3. The Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby authorized and directed to cause the execution of the Amendment and to take all steps necessary to carry out the purpose and intent of this Resolution. [Signatures on following page] PASSED AND ADOPTED by the yor and Council of the Town of Fountain Hills, Maricopa County, Arizona, this day of 2023. FOR THE TOWN OF FOUNTAIN HILLS: goec GiniV Dickey, ayor Linda Mendenhall, Town Clerk REVIEWEAPPROVED AS TO FORM: Rachel Goodin, nterim Town Manager . Arnson, T6wn Attorney INTERGOVERNMENTAL AGREEMENT FOR REGIONAL EMERGENCY OPERATIONS MANAGEMENT AND DISASTER SERVICES BETWEEN MARICOPA COUNTY, ARIZONA AND THE TOWN OF FOUNTAIN HILLS This Regional Disaster and Emergency Management Services Agreement ("Agreement") goes into effect on the P day of July 2023 (the "Effective Date"), by and between Maricopa County, a political subdivision of the State of Arizona ("County"), and the TOWN OF FOUNTAIN HILLS, a public agency 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.R.S. section 26-308 (A) and (B) to enter into this Agreement. BACKGROUND/PURPOSE 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; and, WHEREAS the parties mutually desire that preparation shall be adequate to provide for the common defense against disaster; and, 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, Public Law 93-288, as amended, 42 U.S.C. 5121-5207; Post Katrina Emergency Management Reform Act of 2006, Public Law 109-295; applicable Federal Emergency Management Guides and Directives; and applicable State of Arizona Emergency Plans: NOW, THEREFORE, in consideration of the mutual covenants contained herein, it is hereby agreed by and 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 County. 3. "Total Budget" means the Maricopa County Department of Emergency Management's General Fund and Grant Fund expenditure budgets as adopted by the Maricopa County Board of Supervisors, plus baseline internal/central service charges, for the Preceding Fiscal Year. Budgeted fund balance expenditures, annual maintenance cost for the comprehensive emergency management tool and capital items are not included in the "Total Budgeted" calculation. 4. "Local Budget" means the Total Budget less any contributions or reimbursements to that budget from the federal government. 5. "Preceding Fiscal Year" means the year immediately preceding the fiscal year for which a participating public agency's annual assessment is being determined. Annual Assessments are based on the preceding year's Local Budget. For example, a public agency's annual assessment for FY2019 is based on the Maricopa County Department of Emergency Management's Local Budget for FY2018. 6. "Capital Items" means fixed assets such as furniture, computers, etc., which shall remain the property of the County. Capital items will physically remain with County, which shall bear the risk of damage thereto or loss thereof. 7. "Population" means the most recent U.S. census figure for each Participating Public Agency. This figure is normally calculated every 10 years, but if a supplementary census is conducted out of the 10- year cycle, the supplementary census numbers will be used, provided that all participating public agencies are included in the supplementary census. TERMS OF AGREEMENT 1. 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. b. Advise and assist Public Agency in the development, review, update, publication, and distribution of an EOP developed by Public Agency. C. Advise and assist Public Agency in the development, review, update, publication, and distribution of Continuity of Operations Plans d. Advise and assist Public Agency in the development, review, update, publication, and distribution of a Multi -Hazard Mitigation Plan. e. Advise and assist Public Agency in the development, review, update, publication, and distribution of a Community Wildfire Protection Plan. f. Advise and assist Public Agency with the disaster and emergency management training of such employees as Public Agency shall designate. g. 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. h. Provide and maintain and issue access to a comprehensive emergency management software tool to expedite the emergency operations center processes. i. 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. j. Provide assistance with local emergency declarations and obtaining Federal and / or State funds available to Public Agency for emergency management and disaster purposes. 2 k. 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. I. Offer coordination assistance to Public Agency for major events or disasters affecting Public Agency. m. In its sole discretion, have the option to act as a backup LOC for partner cities. n. Assist Public Agency in the design, development, delivery, and after action reporting of exercises scheduled by Public Agency to test its disaster response capability. 0. Advise and assist Public Agency with emergency shelter assessments and Americans with Disabilities Act compliance. P. q 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: (I) 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. r. Notify Public Agency of its annual assessment for each upcoming fiscal year no later than March I of the Preceding Fiscal Year. S. Assist Public Agency with other disaster and emergency management programs as may be agreed upon. 2. Public Agency Obligations Public Agency shall: a. Develop, publish, and distribute an EOP which is complementary to and compatible with County's EOP. b. Develop and conduct such emergency management training programs and exercises as it deems necessary. C. Have the option to act as a backup to the County if it needs an alternate location. d. Collect and provide disaster and emergency management information, such as annual NIMS reporting, when so required by the state or federal government. 3 2. During each fiscal year (July I to June 30) of the term of this Agreement, pay to County an annual assessment to be determined as follows: (1) County will pay 50% of the Local Budget plus that portion of the Local budget allocated to Capital Items. (2) The remainder of the Local Budget will be paid by the participating public agencies. (3) Public Agency's annual assessment shall be determined by dividing Public Agency's Population by the Total Population of the participating public agencies and then multiplying the quotient by that portion of the Local Budget allocated to the participating public agencies in the preceding paragraph. (4) Public Agencies will pay a fixed amount based on the actual annual maintenance cost of comprehensive emergency management tool. The total annual maintenance will be divided by all Participating Public Agencies equally. 3. This Agreement supersedes any and all agreements, either written or oral, between the parties hereto with respect to the subject matter contained herein and contains all the covenants and agreements between the parties with respect to the rendering of disaster and emergency management services. Except as otherwise provided herein, any effective modification must be in writing signed by both parties. 4. The parties acknowledge that this Agreement is subject to cancellation pursuant to A.R.S. § 38-511. 5. 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. 6. 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 giving written notice of such intention to the other party not less than ninety (90) days prior to June 30 of the year during which the notice is given, which shall be the effective date of the termination. 7. 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 USC § 1324(a) and (b) of 4 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. 8. To the extent permitted 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. 9. 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. 10. 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: Director Maricopa County Department of Emergency Management 5630 East McDowell Rd Phoenix, AZ 85008 To Public Agency to the attention of: Fire Chief Dave Ott Town of Fountain Hills 16426 E. Palisades Blvd. Fountain Hills, AZ 85268 I I . 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. 5 Dated this day of 2023 Dated this day of , 2023 ibt Gins Dickey Mayo For County: TBD 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. Town Attorney Town Clerk Deputy County Attorney Juanita Garza Clerk of the Board 6