HomeMy WebLinkAboutRes 2013-12RESOLUTION NO. 2013-12
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, APPROVING AN INTERGOVERNMENTAL
AGREEMENT WITH MARICOPA COUNTY FOR REGIONAL EMERGENCY
OPERATIONS MANAGEMENT AND DISASTER SERVICES.
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS as follows:
SECTION 1. The Intergovernmental Agreement with Maricopa County for Regional
Emergency Operations Management Services (the "Agreement ") is hereby approved in
substantially the form attached hereto as Exhibit A and incorporated herein by reference.
SECTION 2. The Mayor, the Town Manager, the Town Clerk and the Town Attorney
are hereby authorized and directed to cause the execution of the Agreement and to take all steps
necessary to carry out the purpose and intent of this Resolution.
PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills,
Arizona, March 7, 2013.
FOR THE TOWN OF FOUNTAIN HILLS:
451'nda M. Kavafia6h, Mayor
REVIEWED BY:
Kenneth W. Buchanan, Town Manager
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ATTESTED TO:
Bevelyn J. Be/Lr,,,f#,wn Clerk
APPROVED AS TO FORM:
Andrew J. McGuire, Town Attorney
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EXHIBIT A
TO
RESOLUTION NO. 2013-12
[Agreement]
See following pages.
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 2013 (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(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.
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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" year immediately proceeding the fiscal year for which a
participating public agency's annual assessment is being determined. Annual Assessments
are based on the proceeding year's Local Budget. For example, a public agency's annual
assessment for FY2013 is based on the Maricopa County Department of Emergency
Management's Local Budget for FY2012.
b. "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, publication, and
distribution of an EOP developed by Public Agency.
c. Advise and assist Public Agency in the development, review, publication, and
distribution of a Multi - Hazard Mitigation Plan.
d. Advise and assist Public Agency in development, review, publication, and
distribution of a Community Wildfire Protection Plan.
e. Advise and assist Public Agency with the disaster and emergency management
training of such employees as Public Agency shall designate.
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f. 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.
g. Provide and maintain, and issue access to a comprehensive emergency management
software tool to expedite the emergency operations center processes.
h. 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.
i. Provide assistance in obtaining Federal or State funds available to Public Agency for
emergency management and disaster purposes.
j. Advise and assist Public Agency in the timely preparation of reports and other papers
required by the state or federal governments.
k. Offer coordination assistance to Public Agency in the event of a disaster affecting
Public Agency.
1. That the county EOC may act as a backup EOC for partner cities.
m. Assist Public Agency in conducting exercises scheduled by Public Agency to test its
disaster response capability.
n. Advise and assist Public Agency with emergency planning, training and exercises for
schools and health care facilities.
o. Advise and assist Public Agency in complying with the provisions of Title 26,
Chapter 2, Arizona Revised Statutes, and State policies and procedures.
p. 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) giving oral presentations on disaster and emergency - related subjects to schools,
civic groups and similar organizations.
(4) setting up and staffing information booths at fairs, safety days and similar events.
q. Notify Public Agency of its annual assessment for each upcoming fiscal year no later
than March 1 of the Preceding Fiscal Year.
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r. 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. The Public Agencies EOC may act as a backup to the County if they need an alternate
location.
d. Collect and provide disaster and emergency management information 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.
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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
303 2018, 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 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. Pursuant to A.R.S. §§ 35- 391.06 and 35- 393.06, each Party certifies that it does not have a
scrutinized business operation, as defined in A.R.S. §§ 35 -391 and 35 -393, in either Sudan or
Iran.
9. 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
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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.
10. 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 parent agency shall be solely liable for payment of worker's compensation
benefits.
11. 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
Maricopa County Department of
Emergency Management
5630 East McDowell Rd
Phoenix, AZ 85008
Kenneth Buchanan
Town Manager
Town of Fountain Hills
16705 E. Avenue of the Fountains
Fountain Hills, AZ 85268
12. 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.
[SIGNATURES ON FOLLOWING PAGE]
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Dated this --� day of _4�?Z J �a, 20,�3
or Town:
Linda Kavanagh
Mayor
Dated this _ day of , 20
For County:
Andrew Kunasek
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.
&u's a. &K'� 4
Andrew J. McGuire David Benton
Town Attorney Deputy County Attorney
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ATTEST:
Fran McCarroll
Clerk of the Board