HomeMy WebLinkAboutResolution 2010-040 arizona mutual aid compactMARANA RESOLUTION N0.2010-40
RELATING TO EMERGENCY MANAGEMENT; APPROVING AND AUTHORIZING THE
MAYOR TO EXECUTE THE ARIZONA MUTUAL AID COMPACT ON BEHALF OF THE
TOWN OF MARANA
WHEREAS: the state of Arizona and numerous counties, tribes, cities, towns, fire depart-
ments and fire districts within Arizona have entered into the Arizona Mutual Aid Compact
(AZMAC) for the purpose of providing mutual aid assistance to one another in the event of an emer-
gency; and
WHEREAS the Mayor and Council of the Town of Marana feel it is in the best interests of
the public for the Town of Marana to enter into the Arizona Mutual Aid Compact.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, AS FOLLOWS:
SECTIOIv7 1. The Town Council. hereby approves the Arizona Mutual Aid Compact
(AZMAC), attached to and incorporated by this reference in this resolution as Exhibit A, and the
Mayor is hereby authorized to execute it for and on behalf of the Town of Marana.
SECTION 2. The Town's Manager and staff are hereby directed and authorized to under-
take all other and further tasks required or beneficial to carry out the terms, obligations, and objec-
tives of the Arizona Mutual Aid Compact.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MA-
RANG, ARIZONA, this 4tr` day of May, 2010.
ATTEST:
e yn C. onson, Town Clerk
/ ~
Mayor d Honea
APPROVED AS TO FORM:
~~
J.. {
e.••.„,."'~ ~ i ice-- ~ ~'~~ ~,
rank ~ sidy, Tow Attorney
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ARIZONA MUTUAL. AID COMPACT
This Compact is made and entered into by and among the signatory political
jurisdictions within the State of Arizona and the Arizona Department of Emergency and
Military Affairs.
Recitals
WHEREAS, one or more parties to this Compact may find it necessary to utilize all of
their own resources to cope with emergencies and may require the assistance of
another party or other parties; and,
WHEREAS, it is desirable that all resources of political subdivisions, municipal
corporations, tribes and other public agencies be made available to respond to such
emergencies; and,
WHEREAS, it is desirable that each of the parties hereto should assist one another
when such emergency occurs by providing such resources as are available and needed
including, but not limited to, fire, police, medical and health, environmental,
communication, and transportation services to cope with the problems of response and,
WHEREAS, it is desirable that a compact be executed for the interchange of such
mutual aid; and,
WHEREAS, it is desirable that the manner of financing of such cooperative
undertakings be resolved in advance of such emergency;
NOW, THEREFORE, IT IS HEREBY AGREED by and between each and all of the
signatories hereto as follows:
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COMPACT
1. Purpose.
The purpose of this Compact is to define for the participating parties the
emergency management terms and procedures which will be used among
participating parties for dispatching mutual aid assistance to any affected area in
accordance with local ordinances, resolutions, emergency plans or agreements.
Contracting authority for political subdivisions of Arizona for this Compact is
based upon A.R.S. § 26-308 which provides that each county and incorporated
city and town of the state may appropriate and expend funds, make contracts
and obtain and distribute equipment, materials and supplies for emergency
management purposes. Tribal contracting authority will be in accordance with
each Tribe's laws.
2. Scope.
The Scope of this Compact into (1) provide the procedures to notify the
Providing Parties of the need for emergency assistance; (2) to identify available
resources; and, (3) to provide a mechanism for compensation for resources.
3. Definitions.
Automatic Mutual Aid means the automatic dispatch and response of
requested resources without incident specific approvals. These agreements are
usually basic contracts; some may be informal accords.
Backfill means replacement of the Requesting Party's personnel who perform
the regular duties of other personnel while they are performing eligible
emergency work.
Compact means this document, the Arizona Mutual Aid Compact (AZMAC).
Director is the Director of the Department of Emergency and Military Affairs
(DEMA).
Emergency or Emergencies means any disaster, emergency, or contingency
situation which requires a collaborative effort among multiple Jurisdictions.
Jurisdiction means an entity, including Political Subdivisions and tribal
governments, which (1) has the authority to act, within a defined geographical
area especially in times of emergency and (2) is a party to this Compact.
Local Mutual Aid are agreements between neighboring jurisdictions or
organizations that involve a formal request for assistance and generally cover a
larger geographic area than automatic mutual aid.
Political Subdivision means any county, incorporated city or town, or public
education district, irrigation, power, electrical, agricultural improvement, drainage,
and flood control districts, and other tax. levying public improvement districts.
Providing Party means the Jurisdiction providing aid in the event of an
emergency.
Requesting Party means the Jurisdiction requesting aid in the event of an
Emergency.
Self-deployed means to respond to an emergency without being requested by
the Requesting Party.
4. Guiding Policy.
Arizona Revised Statute (A.R.S.), Title 26, Military Affairs and Emergency
Management.
Arizona Administrative Code (A.A.C.), Title 8, Emergency and Military Affairs.
National Incident Management System (NIMS), 2008
5. Procedures for Requesting Assistance.
A Requesting Party, which needs assistance in excess of its own resources and
existing automatic mutual aid or local mutual aid due to an emergency is
authorized to request assistance from any party to this Compact. However,
when making such requests, consideration shall be given to, and requests made,
based on, but not limited to, the geographical proximity of other jurisdictions with
that of the jurisdiction requesting assistance. All requests for assistance from the
State must come from the Requesting Party's county.
Requests should specify what the emergency is, what resources are needed and
the estimated period of time during which such mutual aid shall be required, if
known. An example is provided in Appendix A.
6. Providing Party's Assessment of Availability of Resources and Ability to
Render Assistance.
Subject to the terms of this Compact, the Providing Party shall make reasonable
efforts to assist the Requesting Party. In all instances, the Providing Party shall
render such mutual aid as it is able to provide consistent with its own service
needs at the time, taking into consideration the Providing Party's existing
commitments within its own jurisdiction. The Providing Party shall be the sole
judge of what mutual aid it has available to furnish to the Requesting Party
pursuant to this Compact.
7. Implementation Plan.
Each party should develop an emergency operations plan that includes a
process to provide for the effective mobilization of its resources, both public and
private, including acceptance of mutual aid to provide or receive assistance
under this Compact.
8. Contact List.
Each Party shall develop a contact list as outlined in Appendix B, which shall be
provided to the Director for distribution to all other parties to this Compact.
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9. Reimbursement Procedures.
If the Providing Party desires reimbursement, the Requesting Party shall
reimburse the Providing Party for all costs when any mutual assistance is
requested, whether an incident has been declared an emergency or not. The
Providing Party must declare to the Requesting Party its intent to seek
reimbursement before responding to the Requesting Party's request for
assistance. The Requesting Party, which is informed in advance of the Providing
Party's intent to request reimbursement and which subsequently authorizes the
Providing Party to respond, shall reimburse the providing party after receipt of an
itemized voucher and documentation of all allowable costs of labor, equipment,
and materials that have actually been expended in providing assistance.
The Providing Party and the Requesting party shall agree upon allowable costs
for mutual assistance prior to the dispatch of any mutual assistance resources.
Unless otherwise negotiated by the parties involved, the parties may reference
the state allowable costs as defined in A.A.C. Title 8 (as may be amended from
time to time).
10. Reimbursement Procedures from the State.
The state is not liable for any claim arising from an emergency for which the
applicant receives funds from another source (A.A.C. Title 8, R8-2-312).
Self-deployed resources will not be reimbursed.
When mutual aid is extended under this Compact to the State, if the Providing
Party desires reimbursement from the State, reimbursement, if any, to the
Providing Parties by the State for costs will be provided to the Requesting Party
pursuant to A.R.S. § 35-192, and A.A.C. Title 8 as applicable (as may be
amended from time to time). A requesting jurisdiction other than a county may
submit a request to the county for reimbursement. The county will then request
reimbursement from the Director for reimbursement of the Requesting Party.
After the State and/or President has declared an emergency, the Requesting
Party shall prepare an itemized voucher and documentation of all paid allowable
costs including all the cost of the Providing parties for submittal to the State for
consideration for reimbursement in accordance with A.A.C. Title 8 (as may be
amended from time to time).
11. Personnel Compensation and Insurance.
The Requesting Party and the Providing Party shall be responsible for all
compensation and insurance coverage of their respective employees and
equipment.
12. Immunity.
The parties shall have such immunity as provided by applicable state, federal or
tribal law.
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13. Indemnification.
To the fullest extent permitted by law, each party agrees to defend, indemnify,
and hold harmless the other party and the other party's officers, agents, and
employees from all claims, losses, and causes of actions arising out of, resulting
from, or in any manner connected with this Compact, but only to the extent such
claim, loss, cause of action, damage or injury is caused or contributed to by the
negligent acts or omissions of the indemnifying party.
14. Term.
This Compact shall be effective on the date it is recorded with the Secretary of
State. Except as otherwise provided in this Compact, this Compact shall
terminate ten years after the effective date. This Compact, upon mutual consent
of the parties may be extended for a period of time not to exceed 10 years. Any
modification or time extension of this Compact shall be by formal written
amendment and executed by the parties hereto.
15. ADA.
Each party shall comply with applicable provisions of the Americans with
Disabilities Act (Public Law 101-336, 42 United States Code. 12101.-12213) and
all applicable federal regulations under the Act, including 28 Code of Federal
Regulation Parts 35 and 36.
16. Non-Discrimination.
All parties to this agreement shall not discriminate against any employee, client
or any other individual in any way because of that person's age, race, creed,
color, religion, sex, disability or national origin in the course of carrying out Party
duties pursuant to this Compact.
17. Compliance with Laws.
Each party shall comply with all federal, tribal, state and local laws, rules,
regulations, standards and Executive Orders, as applicable, without limitation to
those designated within this Compact. Any changes in the governing laws, rules
and regulations during the terms of this Compact shall apply but do not require
an amendment.
18. Worker's Compensation.
Each party shall be responsible for any injuries which may occur to its own
personnel during the course of rendering mutual aid pursuant to this Compact. In
accordance with A.R.S. § 23-1022, each party of a political jurisdiction of Arizona
shall be deemed the primary employer and shall have sole responsibility for the
payment of worker's compensation benefits to their respective employees. Each
party shall comply with the notice provisions of A.R.S. § 23-1022 (E).
19. Insurance.
Each Requesting and Providing Party shall bear the risk of its own actions, as it
does with its day-to-day operations, and determine for itself what kinds of
insurance, and in what amounts, it should carry.
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20. Non-appropriation.
Notwithstanding any other provision in this Compact, a party may terminate its
participation in this Compact if for any reason the party does not appropriate
sufficient monies for the purpose of maintaining this Compact. In the event of
such cancellation, the terminating party shall have no further obligation to the
other parties other than for payment for services rendered prior to cancellation.
21. No Third Party Beneficiaries.
Nothing in the provisions of this Compact is intended to create duties or
obligations to or rights in third parties not parties to this Compact or affect the
legal liability of either party to the Compact by imposing any standard of care
different from the standard of care imposed by law.
22. Entire Agreement.
This document constitutes the entire Compact between the parties pertaining to
the subject matter hereof. This Compact shall not be modified, amended, altered
or extended except through a written amendment signed by the parties and
recorded with the Arizona Secretary of State or Tribal government as
appropriate.
23. Jurisdiction.
Nothing in this Compact shall be construed as otherwise limiting or extending the
legal jurisdiction of any party. Nothing in this Compact is intended to confer any
rights or remedies to any person or entity that is not a party.
24. Conflict of Interest.
This contract is subject to cancellation for conflict of interest pursuant to A.R.S. §
38-511, the pertinent provisions of which are incorporated herein by reference.
25. Supervision and Control
Management of an emergency shall remain with the jurisdiction in which the
emergency occurred. Supervision and control of Providing Parties personnel and
equipment shall be in accordance with National Incident Management System.
The Requesting Party will. be responsible for providing supplies and services,
such as food, shelter, gasoline and oil, for on-site use of equipment and for the
personnel providing assistance. All equipment and personnel used pursuant to
this Compact shall be returned to the Providing Party upon being released by the
Requesting Party or on demand of the Providing Party for such return.
26. Severability: Effect on Other Agreements.
It is expressly understood that this Compact shall not supplant existing
agreements between some of the parties, which do provide for the exchange or
furnishing of certain types of services on a compensated basis.
27. Severability.
If any provision of this Compact is held to be invalid or unenforceable, the
remaining provisions shall continue to be valid and enforceable to the full extent
permitted by law.
28. Responsibility of the Department of Emergency and Military Affairs.
Nothing within this Compact limits or restricts the duties and obligations the State
of Arizona may have to respond to the emergency of any party.
29. Effective Date.
This Compact shall become effective as to each party when adopted by
resolution and executed by the governing body of the jurisdiction, and shall
remain operative and effective as between each and every party that has
heretofore or hereafter executed this Compact, until participation in this Compact
is terminated by the party. The termination by one or more of the parties of its
participation in this Compact shall not affect the operation of this Compact as
between the other parties thereto. The Director shall issue an annual report, with
updates as needed, to all parties identifying the parties to this Compact.
30. Execution Procedure.
Execution of this Compact shall be as follows:
This Compact, which will be designated as "ARIZONA MUTUAL AID
COMPACT," shall be executed in counterparts by the governing body of each
party. Upon execution, the counterpart will be filed with the Secretary of State
and the Tribal government as applicable and be provided to the Director. This
Compact will be effective between all parties who execute this Compact even if it
is not executed by all eligible jurisdictions.
31. Termination.
Termination of participation in this Compact may be effected by any party as
follows:
Notice of termination will be given to the Director 20 days prior to termination.
A party shall by resolution of its governing body terminate its participation in this
Compact and file a certified copy of such resolution with the Secretary of State or
the Tribal government, and a copy will be provided to the Director.
The parties to this Compact understand and acknowledge that this Compact is
subject to cancellation by any party pursuant to A.R.S. § 38-511 or applicable
Tribal law.
32. Dispute Resolution.
In the event of any controversy, which may arise out of this Compact, the parties
agree that the matter shall be arbitrated as provided in A.R.S. § 12-1518(A) or
applicable Tribal law. 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 needs.
Appendix B
ARIZONA MUTUAL AID COMPACT (AZMAC)
POINTS OF CONTACT
Date: May 13, 2010
Name of Jurisdiction: Marana Police Department
Mailing Address: 11555 W. Civic Center Dr.
City, State, Zip Code: Marana AZ 85653
Authorized Representatives to Contact for Mutual Aid Assistance
Prima Contact 1 S Alternate 2" Alternate
Name Ter Tometich Barbara Johnson Orville Salin
Title Chief of Police General Manager Public Works Director
24- Hr Phone No. (520) 382-2000 520 388-0468 (520) 940-2854
Address SAA SAA SAA
Da Phone No. 520 382-2032 520 382-2602 520 382-2508
Night Phone No. 520 382-2000 520 388-0468 520 940-2854
Fax No. 520 382-2004 520 382-2641 520 382-2514
Email ttometich marana.com b'ohnson marana.com osalin marana.com
Appendix A
Appendix
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9
ARIZONA MUTUAL AID COMPACT
SIGNATURE PAGE
TOWN OF MARANA
(NAME OF JURISDICTION)
IN WITNESS WHEREOF, the parties hereto each sign .this Arizona Mutual Aid
Compact signature page. The signor warrants that he or she has been duly authorized
to commit the jurisdiction to participate in the Compact by formal approval of the
jurisdiction's gover ing body.
(Signing Authority)
ATTEST:
(Attesting
Date of formal approval by governing body:
-~ - S~ /~
Date
"'fir- '"~~
Date
,~ _ ~ i~
Pursuant to A.R.S. § 11-952(D) or applicable Tribal law, the attorney for the above
entity has determined that the foregoing Compact is in proper form and is within the
powers and authority of the entity as granted under the laws of this State and the
applicable Tribal government.
T
J
~gtf6rney) Date
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