HomeMy WebLinkAboutRes 2018-07RESOLUTION NO. 2018-07
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.
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 of Two Thousand Four Hundred Dollars and no/100 ($2,400.00) per
year, and a cumulative total of not more than Twelve Thousand Five Hundred and
no/100 ($12,500.00).
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 Mayor and Council of the Town of Fountain Hills,
Maricopa County, Arizona, this I" day of May, 2018.
FOR THE TOWN OF FOUNTAIN HILLS
Linda M. Ka nagh, May r
INXvIOVATJDopa191 9
Grady E. Mi er, own Manager
ATTESTED TO:
- : - Vii- •
APPROVED AS TO FORM:
Die right PLLC, Town Attorneys
CERTIFICATION
I, Bevelyn J. Bender, the duly appointed Clerk of the Town of Fountain Hills, Arizona, do
hereby certify that the above and foregoing Resolution No. 2018-25 was duly passed by the
Mayor and Council of the Town of Fountain Hills, Arizona, at a regular meeting held on April
17 2018, and the roll call of the vote thereon was `]Ayes, D Nays, and that the Mayor and
Councilmembers were present thereat.
evelyn J. Be r, UG Clerk
Town of Fountain Hills, Arizona
EXHIBIT A
TO
RESOLUTION NO. 2018-07
[INTERGOVERNMENTAL AGREEMENT FOR
REGIONAL EMERGENCY OPERATIONS MANAGEMENT
AND DISASTER SERVICES
BETWEEN MARICOPA COUNTY, ARIZONA
AND THE
TOWN OF FOUNTAIN HILLS]
See following pages.
PHOENIX 77018-1 451992v2
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 1St day of July 2018 (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
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.
L 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.
2
j. Provide assistance with local emergency declarations and obtaining Federal and / or State
funds available to Public Agency for emergency management and disaster purposes.
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.
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 EOC 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.
O. Advise and assist Public Agency with emergency shelter assessments and Americans with
Disabilities Act compliance.
p. Advise and assist Public Agency in complying with the provisions of Title 26, Chapter 2,
Arizona Revised Statutes, and State policies and procedures.
q. 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.
r. Notify Public Agency of its annual assessment for each upcoming fiscal year no later than
March 1 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.
3
d. Collect and provide disaster and emergency management information, such as annual NIMS
reporting, when so required by the state or federal government.
e. 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) 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, 2023,
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.
4
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) 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.
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
11. 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.
Dated this I day ofv' , 20d
6t
Dated this ,L"day of 1i , 20R
mda M. KavArTagh
Mayor
For County:
Steve Chucri
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.
Mi sja e
T �rney
ATTEST
Bevelyn J. Bender
Town Clerk
PHOENIX 77018-1 451991 v1
Deputy County Attorney
06 2018
ran McCarroll bSa'ljt�f
Clerk of the Board
PC
6