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Home My WebLink AboutRes 2003-33c RESOLUTION NO.2003-33 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS,ARIZONA,APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH MARICOPA COUNTY FOR DISASTER AND EMERGENCY MANAGEMENT SERVICES. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS,ARIZONA as follows: SECTION 1.That the Intergovernmental Agreement between the Town of Fountain Hillsand Maricopa County relating to disaster and emergency management services ishereby approved intheform attached hereto as Exhibit Aand incorporated hereinby reference. SECTION 2.That the Mayor,the Town Manager,the Town Clerk and the Town Attorney arehereby authorized and directed totakeallsteps necessary to cause the execution of the Agreement. PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, Arizona,July 1,2003. FOR THE N OF FOUNTAIN HILLS: W.J.Nichpls,Mayor REVIEWED BY: Tim G.Pickering,Town Manager 9196.004VMC IGA Bmeigeney.res.doc 6-11-03-1 ATTESTED TO: tfALfM^kAlr>jc&JKA\Lk AS Bevelyn J.Bender,Town Clerk Wx APPROVED AS TO FORM: Andrew J.VIcGuire,Town Attorney ^xjSfe/ HOLD FOR PICK UP CLERK OF THE BOARD BASKET PICK UP OFFICIAL RECORDS OF MARICOPA COUNTY RECORDER HELEN PURCELL 2003-1009759 07/29/03 16:17 11 OF 11 CAPTION HEADING:Intergovernmental Agreement between Maricopa CountyandFountain Hills for Disaster and Emergency Management Services C-15-04-008-2 DO NOT REMOVE This is part of the official document \^y INTERGOVERNMENTAL AGREEMENT FOR DISASTER AND EMERGENCY MANAGEMENT SERVICES BETWEEN MARICOPA COUNTY,ARIZONA AND THE TOWN OF FOUNTAIN HILLS,ARIZONA C<14.04-00*2 «, This Disaster and Emergency Management Services Agreement ("Agreement")is entered intoby and between Maricopa County,apolitical subdivision of the State of Arizona ("County"),and the Town of Fountain Hills,a public agency of the State of Arizona ("Public Agency"). This Agreement shall become effective as of the date itisfiledwith the Maricopa County Recorder pursuant to A.R.S.§11-952. STATUTORY AUTHORIZATION County and Public Agency are empowered by A.R.S.§11-951 et seq.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;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 oflife and property when disasters occur in accordance with the guidance set forthin the Robert T.Stafford Disaster Relief and Emergency Assistance Actof 1988,as amended;National Security Defense Directive Number 259,"U.S.Civil Defense";applicable Federal Emergency Management Guides and Directives;and applicable State of Arizona Emergency Plans: NOW,THEREFORE,in consideration of the mutual covenants contained herein,itis 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. c 3.'Total Budget"means theMaricopaCounty Department of Emergency Management's General FundandGrantFund expenditure budgets as adopted by the Maricopa County Board of Supervisors,plus baseline internal/central service charges,for the Preceding FiscalYear.Budgeted fund balance expenditures and capital items are not included in the Total Budget 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 whicha Participating Public Agency's annual assessment is being determined. Annual assessments are based on the preceding year's Local Budget.For example, apublic agency's annual assessment forFY2001is based on the Maricopa County Department of Emergency Management's Local Budget for FY2000. 6."Capital Items"means fixed assets such as furniture,computers,etc.,which shall remain the property of County.Capital Items will physically remain with County, which shall bear the riskof 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,butifa 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 affectall areas in the County. b.Advise and assist Public Agency in the development,review,publication,and distributionofan EOP developed byPublicAgency. c.Advise and assist Public Agency with the disaster and emergency management training of such employees as Public Agency shall designate. d.Provide and maintain a coordinated countywide emergency management program for extraordinary operational systems not provided forin normal governmental operations,including:Warning Systems,Communications System,comprehensive emergency management and planning,and an Emergency Operations Center. e.Develop and maintain a countywide inventory of government owned and other resources available for use in the event of a disaster. f.Provide assistance in obtaining Federal or State funds available toPublic (Agency for emergency management and disaster purposes. g.Advise and assist PublicAgencyin the timely preparation of reports and other papers required by the state or federal governments. h.Offer coordination assistance toPublic Agency in the event ofa disaster affecting Public Agency. i.Assist PublicAgencyin conducting exercises scheduled byPublicAgencyto test its disaster response capability. j.Advise and assist PublicAgencywith emergency planning,trainingand exercises for schools and health care facilities. k.Advise and assist Public Agency incomplyingwith the provisions ofTitle26, Chapter 2,ArizonaRevised Statutes,and State policies and procedures. I.Advise and assist Public Agency withpublic awareness and education including but not limitedto: (1)providing disaster response pamphlets/handouts toPublicAgency emergency management personnel for later distribution to the public. (2)delivering disaster response pamphlets/handouts to libraries,community centers,and senior centers located inPublicAgency. (3)giving oral presentations on disaster and emergency-related subjects to schools,civic groups and similar organizations. (4)settingupandstaffing information boothsatfairs,safetydaysandsimilar events. m.Notify Public Agencyofitsannual assessment foreach upcoming fiscal year no later than February 1of the Preceding Fiscal Year. n.AssistPublicAgency with other disaster and emergency management programs as may be agreed upon. 2.Public Agency Obligations Public Agency shall: a.Develop,publishanddistributeanEOPwhichis complementary toand compatible with County's EOP. b.Develop and conduct such emergency management training programs and exercises as it deems necessary., c.Collectandprovide disaster and emergency management information when so required by the state or federal government. d.During each fiscal year (July 1toJune30)ofthetermofthis Agreement,pay to County an annual assessment to be determined as follows: (1)County will pay fifty percent (50%)of the Local Budget plus that portionof the Local Budget allocated to Capital Items. (2)The remainder of the Local Budget will be paidby the participatingpublic agencies,including Public Agency. (3)Public Agency's annual assessment shallbe determined bydividingPublic Agency's Populationby the TotalPopulationof the participatingpublic agencies,and then multiplying the quotient by that portionof the Local Budget allocatedtotheparticipatingpublic agencies in the preceding paragraph. 3.This Agreement supersedes any and all agreements,either written ororal,between the parties hereto with respect to the subject matter contained herein and contains all the covenants and agreements between the partieswith respect to the rendering of disaster and emergency management services.Except as otherwise provided herein,any effective modification must beinwriting signed bybothparties. 4.The parties acknowledge thatthis Agreement is subject tocancellation pursuant to A.R.S.§38-511. 5.In the event ofanycontroversy,whichmayariseoutofthis Agreement,the parties agree that the matter shallbearbitratedasprovidedin A.R.S.§12-1518(A).The method of arbitration andtheselectionof arbitrators shallbedecidedbythemutual 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 termof this Agreement shallbefrom the date ofits execution until June 30, 2013,unless sooner terminatedas provided herein.The Agreement maybe terminatedbyeither party giving written noticeofsuch intention totheotherpartynot less thanninety(90)days prior toJune30oftheyearduringwhichthenoticeis given,which shall be the effective date of the termination. 7.Any notices requiredorpermittedtobegiven hereunder byeitherpartyto the other may be given by personal delivery inwritingorby registered or certified mail, postage prepaid,withreturn receipt requested.Notices shall be addressed to the partiesat the addresses appearingbelow,but each party may change such party's address bywritten notice givenin accordance with this paragraph.Notices delivered personally will be deemed communicated asofactualreceipt;mailed notices will be deemed communicated as of three (3)days mailing.Notices shall be addressed as follows: 4 ToCountytotheattentionof:ToPublic Agency to the attention of: Director MaricopaCountyDepartmentof Emergency Management 2035North 52nd Street Phoenix,AZ 85008 8.If any provision of this Agreement is held by a court of competent jurisdiction or applicable stateor federal law and their implementing regulations to be invalid,void orunenforceable,the remaining provisions will nevertheless continue in full force and effect. For Town of Fountain Hills: Name Title Dated this ID^dav of,lUlU ,20_Q2> fr County: Fulton Brock Chairman,Board of Supervisors The undersigned attorneys for the respective parties each hereby certify thattheyhave reviewed this Agreement and find that it is in proper form,and within the power and authority grantedtotheir respective clients underthe laws oftheStateof Arizona. xxxxxxxxxxxx Town Attorney ATTEST MHulisWiLTJlfit xxxxxxxxxxx Town Clerk J>eputy County Attorney in McCarroll Clerk of the Board mv%~