HomeMy WebLinkAboutResolution 2024-048 Approving and Authorizing the Mayor to Execute an IGA regarding 911 Funding with City of Tucson MARANA RESOLUTION NO. 2024-048
RELATING TO THE POLICE DEPARTMENT; APPROVING AND AUTHORIZING
THE MAYOR TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT
REGARDING 911 FUNDING BETWEEN THE CITY OF TUCSON, ACTING AS THE
SYSTEM ADMINISTRATOR FOR PIMA COUNTY, AND THE TOWN OF MARANA
ADDRESSING RESPONSIBILITIES REGARDING THE 9-1-1 SYSTEM AND
DISTRIBUTION OF 9-1-1 REVOLVING FUND MONEY; RESCINDING RESOLUTION
NO. 2021-061
WHEREAS Marana and the City of Tucson may enter into agreements with one
another for joint and cooperative action pursuant to A.R.S. § 11-951,et seq.; and
WHEREAS the Emergency Telecommunication Service Revolving Fund (the"9-1-
1 Revolving Fund") was established pursuant to A.R.S. § 41-704 and is funded through
the telecommunication service excise tax established by A.R.S. §42-5252 and the prepaid
wireless telecommunications E911 excise tax established by A.R.S. § 42-5402.; and
WHEREAS the 9-1-1-Revolving Fund is administered by the Arizona Department
of Administration ("ADOA"); and
WHEREAS the Arizona 9-1-1 Program is designed to assist Public Safety
Answering Points ("PSAPs"), which are operated by regional and local governmental
jurisdictions and private emergency-services companies, perform activities related to
implementation and operation of their respective emergency telecommunication systems
using funds from the 9-1-1 Revolving Fund; and
WHEREAS to qualify for funding from the 9-1-1 Revolving Fund, the PSAPs for
Pima County have established a 9-1-1 planning committee and selected a 9-1-1 System
Administrator,the City of Tucson, to act as the fiscal agent for the distribution of the 9-1-
1 Revolving Fund money allocated to the various PSAPs and, with the cooperation of
Pima County, manage the area's Master Street Address Guide, which is a database of
street names and house number ranges that define Emergency Service Zones (ESZs) and
their associated Emergency Service Numbers (ESNs) to enable proper routing of 9-1-1
calls; and
WHEREAS the City of Tucson annually enters into a grant agreement with ADOA
regarding the distribution of 9-1-1 Revolving Fund money and GIS Support
Memorandum of Understanding (the "GIS MOU"); and
00075317.DOCX/1
Resolution No.2024-048 - 1 -
WHEREAS the grant agreement requires the City of Tucson to enter an agreement
with Pima County PSAPs to address their responsibilities regarding the 9-1-1 System and
distribution of 9-1-1 Revolving Fund money; and
WHEREAS on May 4, 2021, the Town Council adopted Resolution No. 2021-061,
approving a previous version of the Pima 9-1-1 system agreement but the approved
agreement was never fully executed by other parties; and
WHEREAS the Town Council finds that it is in the best interests of the community
to enter into an intergovernmental agreement with the City of Tucson to address
responsibilities regarding the 9-1-1 System and distribution of 9-1-1 Revolving Fund
money.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE TOWN OF MARANA, ARIZONA, as follows:
SECTION 1. Resolution No. 2021-061, adopted by the Marana Town Council on
May 4, 2021, and the Pima 9-1-1 system agreement it approved are hereby rescinded.
SECTION 2. The Intergovernmental Agreement between the City of Tucson,
acting as the System Administrator, and the Town of Marana to address responsibilities
regarding the 9-1-1 System and distribution of 9-1-1 Revolving Fund money attached to
and incorporated by this reference in this resolution as Exhibit A is hereby approved,and
the Mayor is hereby authorized and directed to execute it for and on behalf of the Town
of Marana.
SECTION 3. The Towri s Manager and staff are hereby directed and authorized to
undertake all other and further tasks required or beneficial to carry out the terms,
obligations, and objectives of the intergovernmental agreement.
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana,
Arizona, this 21st day of May, 2024.
Mayor Ed Honea
ATTEST: APP ED AS TO FORM:
David L. Udall, Town Clerk Ja airall, Town Attorney
40666,
MARANA AZ
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00075317.DOCX/1
Resolution No.2024-048 -2 -
INTERGOVERNMENTAL AGREEMENT REGARDING 911 FUNDING
1. Background and Purpose.
1.1. The Emergency Telecommunication Service Revolving Fund(the"9-1-1 Revolving Fund")
was established pursuant to A.R.S. § 41-704 and is funded through the telecommunication
service excise tax established by A.R.S. §42-5252 and the prepaid wireless telecommunications
E911 excise tax established by A.R.S. §42-5402. The 9-1-1-1 Revolving Fund is administered
by the Arizona Department of Administration("ADOA").
1.2. The Arizona 9-1-1 Program is designed to assist Public Safety Answering Points("PSAPs"),
which are operated by regional and local governmental jurisdictions and private emergency-
services companies,perform activities related to implementation and operation of their
respective emergency telecommunication systems using funds from the 9-1-1 Revolving Fund.
1.3. To qualify for funding from the 9-1-1 Revolving Fund,the PSAPs for a defined geographic area
must establish a 9-1-1 planning committee.PSAPs in Pima County have established a planning
committee as required by the 9-1-1 Regulations.
1.4. The PSAPs in Pima County that are eligible to receive funding from the 9-1-1 Revolving Fund
(the"Pima PSAPs")are as follows:
• Tucson 9-1-1 Emergency Communications Center—Primary PSAP
• Arizona Department of Public Safety Southern Communications Center—Secondary PSAP
• Marana Police Department—Primary PSAP
• Oro Valley Police Department—Primary PSAP
• Pima County Sheriff's Department Ajo—Primary PSAP
• Pima County Sheriff's Department—Primary PSAP
• Rural Metro Fire/Medical—Secondary PSAP
• University of Arizona Police Department—Primary PSAP
• Valley Emergency Communications Center—Secondary PSAP
• Global Medical Response Maricopa—Secondary PSAP
1.5. ADOA requires one of the PSAP operators for each geographical area to act as the"System
Administrator"for that area.The System Administrator acts as the fiscal agent for the
distribution of the 9-1-1 Revolving Fund money allocated to the various PSAPs and,with the
cooperation of Pima County,manages the area's Master Street Address Guide,which is a
database of street names and house number ranges that define Emergency Service Zones
(ESZs)and their associated Emergency Service Numbers(ESNs)to enable proper routing of
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9-1-1 calls.
1.6. The Pima PSAPs have selected the City of Tucson,an Arizona municipal corporation and the
operator of the largest Pima PSAP("Tucson"),to act as the System Administrator for the Pima
County area. In that role,Tucson annually enters into a grant agreement with ADOA regarding
the distribution of 9-1-1 Revolving Fund money for the Pima PSAPs(the"Grant Agreement")
as well as a GIS Support Memorandum of Understanding(the"GIS MOU").
1.7. Under the Grant Agreement,ADOA disburses monies from the 9-1-1 Revolving Fund to
Tucson to pay Arizona 9-1-1 Grant Program budgeted expenses for the Pima PSAPs.
1.8. The Grant Agreement requires Tucson to have an"MOU"with each Pima PSAP. Tucson and
the Town of Marana,an Arizona municipal corporation("PSAP Operator")are entering into
this Agreement to satisfy this requirement and define their respective responsibilities regarding
the 9-1-1 system generally and the 9-1-1 Revolving Fund money specifically. If PSAP Operator
is a public entity,this Agreement is also an intergovernmental agreement under A.R.S. § 11-
951.
1.9. The City of Tucson Mayor and Council have authorized the Director of the City's Public Safety
Communications Department to execute this Agreement on the City's behalf.
2. Effective Date and Duration.Regardless of when this Agreement is executed by the parties,it will
be deemed for all purposes to have been effective as of July 1,2023 and will continue in effect
through and including June 30,2028.
3. Termination.
3.1. Voluntary Termination by PSAP Operator.To the extent permitted by law,the PSAP
Operator may terminate this Agreement at any time,with or without cause,upon 60 days'prior
written notice to Tucson.
3.2. If Tucson Ceases Being System Administrator. This Agreement will automatically terminate
if Tucson ceases to serve in the capacity of Pima 9-1-1 System Administrator. If that occurs,
Tucson will fully cooperate in transitioning the System Administrator duties to the new System
Administrator.
3.3. If the PSAP Operator is No Longer in the Pima 9-1-1. This Agreement will automatically
terminate if the PSAP Operator ceases to function as a PSAP or chooses to terminate
participation in the Pima 9-1-1 planning committee.
3.4. Cooperation in Event of Termination. In the event of termination or cancellation of this
Agreement,the Parties will cooperate to avoid any interruption of 9-1-1 services to the
maximum extent possible.
4. Grant Agreement.A copy of the current Grant Agreement between Tucson and ADOA is attached
to this Agreement as Exhibit A.A copy of the current GIS MOU is attached as Exhibit B. When the
terms"Grant Agreement,"and"GIS MOU"are used in this Agreement,they mean the then-current
versions of those documents. Tucson will provide the PSAP Operator a copy of each annual Grant
Agreement and GIS MOU,and any other agreement entered into by Tucson in its role as System
Administrator,after it has been approved and executed by Tucson.
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5. General Obligations. Each Party will comply with its responsibilities under this Agreement,the
Grant Agreement, any other agreement entered into by Tucson in its role as System Administrator,
and any applicable regulations or guidance from ADOA.
5.1. System Administrator.Tucson will act as the System Administrator for the Pima 9-1-1 area
and will comply with all the terms and conditions of the Grant Agreement and any other
agreement entered into in its role as System Administrator. The PSAP Operator acknowledges
and agrees that Tucson's obligations under this Agreement to pay expenses of the PSAP
Operator are contingent on the receipt of funding from ADOA under the Grant Agreement.
5.2. Procedures. The PSAP Operator will comply with specific procedures promulgated by Tucson
for activities under this Agreement and will cooperate fully with Tucson to assist Tucson in
fulfilling its responsibilities under the Grant Agreement and implementing any ADOA
requirements.
5.3. Communications. Tucson and the PSAP Operator will maintain open communication with one
another regarding matters under this Agreement.
5.4. Familiarity with Obligations. Tucson and the PSAP Operator will thoroughly review each
Grant Agreement,any other agreement entered into by Tucson in its role as System
Administrator,and any applicable ADOA rules or guidance,in order to understand and execute
its responsibilities under this Agreement. Specifically,the PSAP Operator certifies that it meets
all the funding eligibility criteria listed in the Grant Agreement and any ADOA rule or
guidance and it hereby authorizes Tucson to act on its behalf as the System Administrator.
5.5. Contact Information. The PSAP Operator will provide to Tucson the name and contact
information for the individual designated to act on its behalf with respect to planning
committee and under this Agreement.
6. Service Plans and Budgets. .The PSAP Operator will submit an annual Service Plan to ADOA in
compliance with ADOA rules and guidance in order to be eligible for funding and will
simultaneously provide a copy of the Service Plan to Tucson.The PSAP Operator will also assist
Tucson with preparation of the Pima 9-1-1 budget that Tucson annually submits to ADOA on behalf
of all Pima PSAPs.
7. Payment Requests and Payments.
7.1. Contracts. The PSAP Operator will promptly provide to Tucson a copy of any 9-1-1 system
contract that will be paid by Tucson under this Agreement,together with any related supporting
documentation or information. Electronic forwarding is preferred in order to expedite
processing.
7.2. Invoices. The PSAP Operator will arrange for each of its vendors to send a copy of each
invoice to Tucson as well and will review each invoice for accuracy and budget compliance.
The PSAP Operator will promptly notify Tucson if it finds any inaccuracy or other problem
with an invoice and will provide online billing and portal access to invoices when applicable.
The PSAP Operator acknowledges that invoices must be submitted in a timely manner for
payment under the Grant Agreement and that Tucson may reject any invoice that is not timely
submitted.
3I = age;
7.3. Payments and Reimbursement Requests.Tucson will timely pay each timely submitted
invoice,subject to correction of any defects identified by Tucson or the PSAP Operator and will
submit reimbursement requests to ADOA under the Grant Agreement.At the request of the
PSAP Operator,Tucson will provide it with bill-payment documentation regarding invoices
submitted on its behalf.
7.4. Reimbursement.If ADOA does not reimburse Tucson for any invoice paid by Tucson under this
Agreement,the PSAP Operator will reimburse Tucson for the expenditure upon demand.If ADOA
reimburses Tucson but later determines that the particular expenditure was not allowable or that
the PSAP Operator is no longer an eligible funding recipient, the PSAP Operator will promptly
return the funds provided,either to Tucson or directly to ADOA.
8. Reporting and Data Sharing. The PSAP Operator will provide Tucson with,or provide direct access
to,all information and reports,including GIS data,that Tucson needs,in a timely manner,so that
Tucson can comply with its record-keeping and reporting requirements under the Grant Agreement
and any other agreement entered into by Tucson in its role as System Administrator.
9. Indemnification and Joint Defense. To the maximum extent permitted by law, each Party (as
"Indemnitor")agrees to indemnify,defend and hold harmless each of the other Parties and its officers,
officials, agents, employees, and volunteers (each, an "Indemnitee"), from and against any and all
claims, losses, liability, costs or expenses (including reasonable attomey's fees)suffered or incurred
by the Indemnitee as a result of the negligent or wrongful acts or omissions of the Indemnitor, its
officers,officials,agents,employees,or volunteers or as a result of the Indemnitor violating the Grant
Agreement (including any warranty or certification made by it or made on its behalf) or any other
agreement entered into by Tucson as the System Administrator.If a Party receives a third-party claim
that is subject to this section, the Parties involved will meet expeditiously to discuss defense of the
claim, including proportionate liability and proportionate payment of litigation fees, expenses and
damages.The obligations under this section will survive the termination of this Agreement.
10. General.
10.1. Notice. Any notice,consent or other communication("Notice")required or permitted under
this Agreement must be in writing and either delivered in person,by email,deposited in the
United States mail,return receipt requested,or deposited with any commercial air courier or
express service,addressed to the recipient as follows,or as otherwise directed by the Party in
writing:
Tucson:Public Safety Communications Department
ATTN: 911 Administrator
4004 S Park Ave
Bldg#2
Tucson,AZ 85714
Or
contactpscd@,tucsonaz.gov
PSAP Operator: contract information in the PSAP Operator's then-current service plan.
10.2. Amendment. This Agreement may be amended only by a written document executed by a
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duly authorized representative of each of the Parties.
10.3. Third Parties. This Agreement is entered into for the sole and exclusive benefit of the
Parties,and no other person shall claim any implied right,benefit or interest in this
Agreement. The Parties do not intend to create rights in or remedies to any third party as a
beneficiary of this Agreement.
10.4. Compliance with Applicable Laws. Each Party will comply with all applicable laws,
statutes,ordinances,executive orders,rules,will, standards,and codes of federal and state
governments whether or not specifically referred to in this Agreement.
10.5. Conflict of Interest. This Agreement is subject to cancellation for conflicts of interest under
A.R.S. § 38-511.
10.6.Waiver. The waiver by either Party of any breach of any term,covenant or condition of this
Agreement is not a waiver of such term,covenant or condition or any subsequent breach of the
same or any other term,covenant or condition of this Agreement.
10.7. Force Majeure. Neither Party will be in default in the performance of any obligations under
this Agreement(other than obligations of a Party to pay costs and expenses)if failure of
performance is due to an uncontrollable event. The term"uncontrollable event"means any
cause beyond the control of the Party affected,including but not limited to flood,earthquake,
storm,fire,epidemic,war,riot,civil disturbance or disobedience,labor dispute,and action or
non-action by or failure to obtain the necessary authorizations or approvals from any
governmental agency or authority or the electorate,labor or material shortage,sabotage and
restraint by court order or public authority,that by exercise of due diligence and foresight the
Party reasonably could not have been expected to avoid and that by exercise of due diligence
it will be unable to overcome.A Party that is rendered unable to fulfill any obligation by
reason of an uncontrollable event will exercise due diligence to remove such inability with all
reasonable dispatch.
10.8.Assignment. Neither Party may assign its rights or obligations under this Agreement to
another entity.
10.9. Entire Agreement. This Agreement,together with its exhibits and the annual Grant
Agreements and other agreements entered into by Tucson in its role as System Administrator,
represents the entire Agreement between the Parties and supersedes all prior negotiations,
representations,or Agreements,either expressed or implied,written or oral.
10.10. Governing Law;Venue. This Agreement is governed by the laws of the State of
Arizona.Any action at law,suit in equity or judicial proceeding for the enforcement of this
Agreement must be instituted only in a court of proper jurisdiction in Pima County,Arizona.
10.11. Severability. If any term or provision of this Agreement is determined to be illegal or
unenforceable,the validity of the remaining provisions will not be affected.
10.12. Headings. Section headings are inserted in this Agreement solely for convenience and
the section headings do not by themselves modify the meaning of any provision of this
Agreement.
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10.13. Counterparts. This Agreement may be signed in counterparts,each of which will be
deemed an original,and all of which together will constitute one and the same instrument.
10.14. Compliance with Civil Rights. The Parties will comply with A.RS.Title 41,Chapter
9(Civil Rights),Arizona Executive Orders 75-5 and 99-4 and any other federal or state laws
relating to equal opportunity and non-discrimination,including the Americans with
Disabilities Act.
10.15. Joint Venture. Nothing in this Agreement creates any partnership,joint venture or
employment relationship among the Parties or creates any employer-employee relationship
between a Party and the employees of any other Party.
10.16. Supervision. No employee, agent,or servant of a Party is,by virtue of this
Agreement,an employee,agent or servant of the other Party. Each Party will be solely and
entirely responsible for its acts and the acts of its employees,agents, servants, subcontractors,
and volunteers during the performance of this Agreement. Each Party will have total
responsibility for all salaries,wages,bonuses,retirement withholdings,workers'
compensation,occupational disease compensation,unemployment compensation,other
employment compensation,other employee benefits,and all employer's taxes and premiums
concerning the persons who are supplied by that Party in the performance of this Agreement,
and each Party agrees to hold the other Party harmless from any liability thereof.
10.17. E-Verify. To the extent applicable under A.R.S. §§41-4401 and 23-214,the Parties
represent and warrant compliance with all federal immigration laws and regulations that relate
to their employees and their compliance with the E-verify requirements of A.R.S. §23-
214(A).Breach of the above-mentioned warranty will be deemed a material breach of the
Agreement that could result in its termination.
10.18. Workers'Compensation. Each Party will comply with the notice requirements of
A.R.S.§ 23-1022(E).For purposes of A.R.S. §23-1022,each Party is the primary employer of
all personnel currently or hereafter employed by that Party and that Party has sole
responsibility for the payment of Workers'Compensation benefits or other fringe benefits of
said employees.
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Town of Marana, an Arizona municipal CITY OF TUCSON
corporation.
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Ed Ho ea,Mayor Co mrications beparth ent Director
Date
ATTEST ATTEST
David L.Udall,Town Clerk City erk
Date
APPROVED AS TO CONTENT
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Jeffrey Prid,efigMarana Police Department
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Date
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Town of Marana, an Arizona municipal CITY OF TUCSON
corporation.
Ed Ho ea,Mayor Communications Department Director
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Date
ATTEST ATTEST
David L. Udall,Town Clerk City Clerk
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Date
APPROVED AS TO CONTENT
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effrey Pridg ,Marana Police Department
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Intergovernmental Agreement Determination
The foregoing Intergovernmental Agreement between the Town of Marana and the City of Tucson has been
reviewed by the undersigned,each of whom has determined that it is in proper form and is within the powers
and authority granted under the laws of the State of Arizona to the party he or she represents.
APPROVED AS TO FORM AND LEGAL CITY OF TU N
AUTH• ' TY
airall,Town Attorney Ci " A o ey Mike Rankin
6
Date
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Intergovernmental Agreement Determination
The foregoing Intergovernmental Agreement between the Town of Marana and the City of Tucson has been
reviewed by the undersigned,each of whom has determined that it is in proper form and is within the powers
and authority granted under the laws of the State of Arizona to the party he or she represents.
APPROVED AS TO FORM AND LEGAL CITY OF TUCSON:
AUTH 1 ' TY
//
airall,Town Attorney City Attorney
Date
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EXHIBIT A TO IGA
ARIZONA DEPARTMENT OF ADMINISTRATION
ARIZONA 9-1-1 PROGRAM
GRANT AGREEMENT
Grant Number:ADOA-AZ911-24-17
This Grant Agreement("Agreement")dated as of July 1st,2023 is between the City of Tucson/Pima County 911,
acting as System Administrator,("Grantee"), and the State of Arizona,acting through the Arizona Department of
Administration ("ADOA" or "Administrator"), (Grantee and ADOA sometimes, individually, a "Party," or
collectively,"Parties").
The Grantee is applying for the Public Safety Answering Points (PSAPs) in its service area as outlined in its
current Service Plan as filed with ADOA. Grantees must submit copies of executed Memorandum of
Understandings(MOUs)between each PSAP in its Service Plan and the System Administrator.
AUTHORIZATION; BACKGROUND
A.R.S § 41-704 authorizes the Arizona Department of Administration to administer the emergency
telecommunication services revolving fund ("Fund")in accordance with A.R.S. 11-951; 11-952 and 41-101.01.
The Arizona 9-1-1 Program("Program") managed by the Arizona Strategic Enterprise Technology(ASET)
division of ADOA, is designed to assist Public Safety Answering Points(PSAPs),in collaboration with regional
and local jurisdictions,to perform activities related to implementation and operation of their respective emergency
telecommunication systems.
PURPOSE OF THE AGREEMENT
The purpose of this Agreement is the distribution and administration of funding per A.R.S §41-704.ADOA
guidelines support the use of the Fund in accordance with the ARS §41-704 for activities such as:
Adoption and operation of Next Generation 9-1-I (NG9-I-1)services and applications,including
monthly recurring costs for 9-1-1 equipment,network,maintenance,and hardware and software support.
The National Emergency Number Association(NENA)defines NG9-I-I as:an Internet Protocol (IP)
based system comprising managed Emergency services IP networks (ESinets),functional elements
(applications), and databases that replicate traditional E9-1-1 features and functions and provide
additional capabilities. NG9-1-1 is designed to provide access to emergency services from all connected
communications sources, and provide multimedia data capabilities for PSAPs and other emergency
services organizations.
- Facilitation of the migration of the State's PSAPs to the NG9-1-1 capabilities
Migration to an ESINet
Establishment of IP-backbone networks,connectivity,and application layer software
infrastructure needed to interconnect the multitude of emergency response organizations statewide
- Implementation of solutions that meet or exceed the NENA,Federal Communications
Commission(FCC), international,and industry standards or requirements.
TERM, EFFECTIVE DATE AMENDMENT,AND TERMINATION
This Agreement and the Period of Performance will be effective on July 1,2023 and terminate on June 30, 2024,
unless extended or terminated. This Agreement expires at the end of the Period of Performance unless prior
written approval for an extension has been obtained by the Grantee from ADOA, subject to termination(Section
5.2).
A request for an extension must be received by ADOA, sixty (60) days prior to the end of the Period of
Performance. ADOA, in its sole discretion, may approve an extension to further the goals and objectives of the
Program, and determine the length of any such extension. Only critical amendments will be considered by ADOA
and such amendments will only be entered into in writing and in the sole discretion of ADOA. Any requested
1
change, modification, or extension of this Agreement must be submitted through ADOA's online grant
management system,eCivis,and approved by ADOA.
GRANTEE REPRESENTATIONS
1. Grantee represents,as a condition to the Grant Award that the following representations are true and
understands that ADOA has relied upon these representations in its Award decision:
1.1 Grantee understands that for a PSAP to be eligible for funding through its System Administrator it
must meet the following Criteria:
1.1.1 Monitor the 9-1-1 service system level of service to ensure that the standards in Arizona
Administrative Code Section R2-I-407 are met. Once each fiscal year,the PSAP manager shall
obtain a report regarding the 9-1-1 level of service from the Originating Service Provider in the
local exchange area. If the report provided by the Originating Service Provider indicates that the
required service level is not being met,the PSAP manager shall:
i. Request the telephone company to prepare plans,specifications,and cost estimates to
raise the level of service to that required in R2-1-407.
ii. Notify the Assistant Director under R2-1-406 if,based on information provided by
the telephone company,modifications to the system are necessary.
1.1.2 Provide service to all callers within its service area 24 hours each day, 7 days a week.To
qualify as a primary or secondary PSAP,the PSAP must receive a minimum of three hundred
(300)9-1-1 emergency calls per month per Arizona Administrative Code Section R2-1-408.
i. If a PSAP does not receive a minimum of three hundred(300)9-1-1 emergency calls
per month,the System Administrator must submit a letter of justification explaining
why the PSAP should qualify for funding.The letter of justification will be approved
or disapproved in the sole discretion of the State 9-1-1 Office.
1.1.3 Refer all calls entering the 9-1-1 service system that do not require a public or private
safety response unit to be dispatched to a non-9-1-1 telephone number.
1.1.4 Designate a telephone number other than 9-1-1 as a backup number in case the 9-1-1
service system fails.The designated alternate telephone number shall be published in the public
telephone directory by the local public safety agency.
1.1.5 Develop and maintain a system for recording 9-1-1 calls received by the PSAP.The records
shall be retained for at least 31 days from the date of the call and shall include the following
information:
a. Date and time the call is received
b. Nature of the problem
c. Action taken by the dispatcher
1.1.6 Provide a current and valid GIS Support Memorandum of Understanding(MOU)with the
Arizona State 9-1-1 Program to ensure that there is the ability to geospatially route calls.
1.2 Grantee represents that it has exercised its due diligence to determine that the statements in Section
1.1 are true and accurate for each PSAP that is subject to this Grant Agreement.
2
1.3 Grantee represents that it will monitor continued compliance by the PSAPs under its jurisdiction with
the statements in Section 1.1 and agrees to inform ADOA in writing of any change in status during the term of the
Period of Performance and that such change may result in a change in its Award for the duration of the Period of
Performance.
1.4 Grantee must have signed GIS MOU with ADOA by June 30th,2023 to ensure that GIS support
services are provided to each applicant whether through direct service or a third party.
1.5 Grantee agrees to allow ADOA to deploy a data analytic tool provided by the Arizona 9-1-1 Program
and work with all PSAPs within their 9-1-1 System and the Arizona 9-I-1 Program during implementation.
OBLIGATIONS OF THE PARTIES
2. Responsibilities of the Grantee
2.1 Grantee agrees that Grant Funds granted to it under this Agreement will be used in accordance with
the approved application,applicable statutes,program rules,and guidelines.
Grantee agrees to cooperate and participate with any and all assessments, evaluation efforts or information and
data collection requests, and acknowledges that ADOA has the right to obtain, reproduce, publish, or use data
provided under this Award in accordance with applicable statutes,rules,and guidelines.
2.2 ADOA guidelines support the use of these Grant Funds granted under this Agreement in accordance
with the ARS§41-704 for activities as follows:
2.2.1 Equipment
Necessary or appropriate equipment or service for implementing and operating emergency
telecommunication services through political subdivisions of this state.Priority shall be given to
establishing emergency telecommunication services in those areas of the state that are without
emergency telecommunication services.See 2.2.4 below regarding any GIS related services.
2.2.2 Contractual Costs:
a. Monthly recurring costs of emergency telecommunication services, including
expenditures for capital,maintenance and operation purposes.
b. A wireless carrier's costs associated with the provision,development,design,
construction and maintenance of the wireless emergency telecommunication services in
an amount that the wireless carrier has not recovered through the deduction mechanism
specified in federal law.
2.2.3 Administrative Costs:
ARS 41-704,section B,subsection 2,allows Administrative Costs to be of 5%of the total
Fiscal Year 2022 State 911 Revenue to be used for necessary or appropriate costs or consultant
fees.Administrative funding will be allocated using the below formula:
System Award x 1.67%.Grantee agrees that the following types of activities will be reimbursed
only through Administrative Costs and subject to the aggregate limitation on such costs:
a. Personnel.Costs associated with administrative oversight of managing local contracts and
technical support. Costs associated with GIS coordinator, if it is an employee of the
System Administrator's agency.
b. Fringe Benefits. Employee related expenses associated with administrative oversight of
managing local contracts and/or GIS coordinator.
c. Travel. Travel requests for training, conferences, etc. related to System Administrator
and/or GIS coordinator functions. Travel costs will only be reimbursed based on the
State rate per diem identified in SAAM 50.
d. Supplies.Costs associated with supplies related to System Administration functions.
3
e. Other Costs,. Training or education assistance related to System Administration and/or
GIS coordinator functions.
2.2.4 Special Requirements: Contractual-GIS Projects:
In order to receive funding from the Arizona State 9-1-1 Program to support GIS NG9-I-1
projects,the 9-1-1 system must meet the following requirements:
a. Have a current and valid GIS Support MOU (Memorandum of Understanding)with the
Arizona State 9-1-1 Program,which outlines the terms and conditions for providing GIS
services and support.
b. Be committed to comply with all GIS requirements for geospatial call routing,which
includes having accurate and up-to-date geographic data for the areas covered by the
9-1-1 system.
c. Have demonstrated a need for the funding to support the implementation or maintenance
of GIS capabilities.This means that the 9-1-i system has identified specific projects or
activities that require funding to improve or maintain its GIS capabilities,and has
provided evidence or documentation to support the need for the funding.
Priority of GIS Work: The PSAPs are responsible for doing the GIS work in the following
order of priority:
1. Directly
2. Utilizing Program Staff
3. Through existing State GIS contracts regardless of funding availability.
2.2.5 Restrictions on Use of Grant Funds:
Grant Funds granted under this Agreement may not be used for any other purposes than
specifically specified above including,without limitation,for the following kinds of activities:
I. Costs associated with PSAP relocation,move,or remodel;
2. Back-up sites;
3. Late payment fees, unless approved in advance and in writing;
4. Equipment replacement not pre approved pursuant to the grant process;
5. Buildings,facilities,or vehicles.
2.3 Service Plans
Grantees must submit a current Service Plan to ADOA. If a Service Plan is not complete,a letter
requesting an extension with an estimated completion date must be submitted and approved before the
Grant Award and before any financial reimbursements will be made.
2.4 Memorandum of Understanding
Grantees must submit copies of executed Memorandum of Understandings (MOUs) between each
System's PSAP and the System Administrator before financial reimbursements will be made. MOUs must
outline the relationship between the entities to allow the System Administrator to act on behalf of the
PSAP within its region.
2.5 Financial
Grantee understands that Grant Funds awarded under this Agreement may not be released until Grantee is
compliant with all requirements of this Agreement. Grantee agrees to pay vendors in a timely manner on
behalf of the PSAPs in their jurisdictions. Late fees on invoices will not be reimbursed by ADOA.
The final request for reimbursement of Grant Funds must be received by ADOA no later than forty-five
(45) days after the last day of the Performance Period. All goods and services must be received or have
4
reasonable expectations thereof and placed in service by Grantee by the expiration of the Performance
Period.
Grantee agrees that all encumbered Grant Funds must be expended and that goods and services must be
paid within forty-five(45)days of expiration of the Performance Period.After that any unexpended Grant
Funds must be remitted to ADOA.
2.6 Reporting Requirements
Grantee agrees that it will submit financial reports to ADOA in a format provided by ADOA,
documenting the activities supported by the Program and this Agreement and provide an assessment of
the impact of these activities. In the event reports are not received on or before the indicated date(s),
funding may be suspended until such time as delinquent report(s)are received.
Grantee understands that financial reports are required as an accounting of expenditures for either
reimbursement or ADOA-approved payment purposes.
Required GIS and financial reports must be submitted according to the following schedule(s):
Report Type Due Date
Programmatic Reports-defined below
Quarter 1 - September 30th,2023
Quarter 2- December 31st, 2023
GIS Data Quarter 3 - March 31st, 2024
Quarter 4 -June 30th, 2024
Financial Reports-details below
Monthly request for reimbursement Monthly on the 25th
*More frequent reports may be required for Grantees who are considered high risk as determined by the
Program in its sole discretion.
RESPONSIBILITIES OF THE STATE
3. It is agreed and understood that the total to be paid by ADOA under this Agreement shall not exceed
$2,060,219(Award). Once the financial reimbursement request is approved by ADOA,payment to Grantee will
be completed within 10 business days.
APPROVED LINE ITEM PROGRAM BUDGET
Personnel $0.00
Fringe Benefits $0.00
Equipment $0.00
Contractual/Outside Services $2,026,378.00
GIS Services $0.00
Administrative Costs $33,841.00
5
GRANT ADMINISTRATION AND OPERATION
4.1 Records
Under A.R.S. § 35-214 and § 35-215,the Grantee shall retain any and all Data and other"records"
relating to the acquisition and performance of this Agreement for a period of five(5)years after the
completion of the Award.
4.2 Non-Discrimination
The Grantee shall comply with State Executive Orders No. 2023-01,2009-09,and any and all other
applicable Federal and State laws,rules and regulations, including the Americans with Disabilities Act.
4.3 Audit
Pursuant to A.R.S. §35-214, at any time during the term of this Agreement and five (5)years thereafter,
the Grantee's books and records shall be subject to audit by the State and, where applicable,the Federal
Government,to the extent that the books and records relate to the performance of this Agreement. All
records shall be subject to inspection and audit by the State at reasonable times. Upon request,the Grantee
shall produce a legible copy of any or all such records.
4.4 Facilities Inspection and Materials Testing
The Grantee agrees to permit access to its facilities,and the Grantee's processes or services,at reasonable
times for inspection of the facilities or materials covered under this Award.The State shall also have the
right to test,at its own cost,the materials to be supplied under this Award. Neither inspection of the
Grantees facilities nor materials testing shall constitute final acceptance of the materials or services.
4.5 Advertising,Publishing and Promotion of Award
The Grantee shall not use,advertise or promote information concerning this Award without the prior
written approval of the Administrator.
4.6 Immigration
In accordance with A.R.S. §41-4401,Grantee warrants compliance with all Federal immigration laws
and regulations relating to employees and warrants its compliance with Section A.R.S. §23-214,
Subsection A.Grantee shall comply with all federal,state and local immigration laws and regulations
relating to the immigration status of their employees during the term of the Award. The State shall retain
the right to perform random audits of Grantee records or to inspect papers of any employee thereof to
ensure compliance. Should the State determine that the Grantee be found noncompliant,the State may
pursue all remedies allowed by law, including,but not limited to:suspension of work,termination of the
Award for default and suspension.
4.7 Personnel
Grantee warrants that its personnel will perform their duties under this Agreement in a professional
manner, applying the requisite skills and knowledge,consistent with industry standards,and in
accordance with the requirements of the Award.
4.8 False Statements
Grantee represents and warrants that all statements and information Grantee prepared and submitted in
response to the Request for Grant Application or as part of the Grantee documents are current,complete,
true,and accurate. If the Administrator determines that Grantee submitted an application with a false
statement,or makes material misrepresentations during the performance of the Award,the Administrator
may determine that Grantee has materially breached this Agreement and may void the submitted
application and any resulting Agreement.
6
TERMS AND CONDITIONS
5.1 Availability of Grant Funds for the Current State Fiscal Year
Should the State Legislature enter back into session and amend A.R.S §41-704,amend any related
statute,or for any other reason,the related services will not be funded and the State may take any of the
following actions:
• Decrease the Award to the Grantee;
• Cancel the Award;or
• Cancel the Award and re-solicit.
5.2 Termination
5.2.1 The State may terminate the Agreement in whole or in part due to the failure of the System
Administrator to comply with any term or condition of the Agreement, or to make satisfactory
progress in performing the Agreement. The State shall provide written notice of the termination
and the reasons for it to the System Administrator. Upon termination under this paragraph, all
documents, data, and reports prepared by the System Administrator under the Agreement shall
become the property of and be delivered to the State on demand.
5.2.2 The State may, upon termination of this Agreement, procure, on terms and in the manner that it
deems appropriate,materials or services to replace those under this Agreement.
5.2.3 The System Administrator shall continue to perform, in accordance with the requirements of the
Agreement, up to the date of termination,as directed in the termination notice.
5.2.4 Any deviation or failure to comply with the purpose and/or conditions of this Agreement without
prior approval may constitute sufficient reason for ADOA to terminate this Agreement,revoke the grant,
require the return of all unspent Grant Funds,perform an audit of expended Grant Funds, and require the
return of any previously spent Grant Funds which are deemed to have been spent in violation of the
purpose or conditions of this grant.
5.3 Entire Agreement
This Agreement contains the entire Agreement of the Parties with respect to its subject matter and
supersedes all prior and contemporaneous Agreements, understandings, and inducements, whether
express or implied, oral or written. This Agreement has been arrived at by negotiation and shall not be
construed for or against any Party.
5.4 Waiver
The failure of either Party to insist in any one or more instances upon the full and complete performance
of any of the terms and provisions of this Agreement to be performed by the other Party or to take any
action permitted by this Agreement shall not be construed as a waiver or relinquishment of the right to
insist upon full and complete performance of the same or any other covenant or condition either in the
past or in the future. The acceptance by either Party of sums less than may be due and owing at any time
shall not be construed as an accord and satisfaction.
5.5 Governing Law
The substantive laws of Arizona (without reference to any choice of law principles) shall govern the
interpretation, validity, performance and enforcement of this Agreement. The Parties further agree to
cooperate in all ways reasonable and necessary to comply with the applicable statutes, including
amending this Agreement as needed in the future and making any refunds or payments that might be
required to bring the Parties into full compliance with applicable law.
5.6 Assignment; Delegation
7
Nothing in this Agreement is intended to create any third-party beneficiary rights; and the State and the
Grantee expressly state that this Agreement does not create any third-party rights of enforcement. Except
as expressly provided herein, no Party may delegate or assign its rights or responsibilities under this
Agreement without prior written approval of the other Party and any purported assignment or delegation
in violation of this provision shall be void.
5.7 Counterparts
This Agreement may be executed in any number of counterparts,all such counterparts shall be deemed to
constitute one and the same instrument,and each of said counterparts shall be deemed an original hereof.
5.8 Business Day
If the last day of any time stated herein shall fall on a Saturday, Sunday, or legal holiday in the State of
Arizona, then the duration of such time shall be extended so that it shall end on the next succeeding day
which is not a Saturday, Sunday,or legal holiday.
5.9 Arbitration
The Parties to this Agreement agree to resolve all disputes arising out of or relating to this Agreement
through arbitration, after exhausting applicable administrative review, to the extent required by A.RS. §
12-1518,except as may be required by other applicable statutes.
5.10 Notifications
If any provision of this Agreement is held invalid,the remainder of the Agreement shall not be affected
thereby and all other parts of this Agreement shall be in full force and effect.
All notices required or permitted under this Agreement shall be given in writing and addressed as follows:
A.If to the Arizona 9-1-1 Program of ADOA:
Arizona Department of Administration
100 North 15th Avenue, Suite 302
Phoenix,AZ 85007
Attention:Arizona 9-1-1 Program
B.If to the Grantee:
City of Tucson
4004 S Park
Tucson, AZ 85714
ATTENTION: Geoffrey Kuhn
8
IN WITNESS WHEREOF,the parties have made and executed the Agreement for the date first above written.
FOR GRANTEE: f
Cy ,,r , -
10/10/2023
Authorized Signatory Date
Geoffrey Kuhn, Public Safety Communications Deputy Director
Printed Name and Title Date
46( CA.t\4 441 r 10/10/2023
A.s iti•T:I signature(s)if required by political subdivision Date
Mike Rankin, City Attorney 10 • t�•ZDZ3
Printed Name and Title Date
FOR ARIZONA DEPARTMENT OF ADMINISTRATION:
Traviceil jeft.stiv 10/13/23
Arizona 9-I-I Program Date
Arizona Department of Administration
9
EXHIBIT B TO IGA
ARIZONA
DEPARTMENT OF ADMINISTRATION
TECHNOLOGY
Arizona 9-1 -1 Program
Memorandum of Understanding (MOU)
Geospatial Support Services for
Next Generation 9-1 -1
For Assistance:
If you have questions about this MOU, please contact:
Travis Jensen, 9-1-1 Administrator Eric Shreve, 9-1-1 Geospatial Manager
travis.iensen c(?azdoa.gov eric.shreve(a�azdoa.gov
Prepared March 2024
Arizona Department of Administration
Arizona 9-1-1 Program
Table of Contents
Section 1: Purpose 3
Section 2: Definitions 3
Section 3; Scope 6
Section 4: Obligations of the Parties 7
Section 5: Governance 7
Section 6: Policy 8
Section 7: Term; Amendments 8
Section 8: Commitment 9
Section 9: Arbitration 9
Section 10: Availability of Funds 9
Section 12: Force Majeure 10
Section 13: Confidentiality and Data Privacy 10
Section 14: Termination for Default 11
Section 15; Signatures 11
2
ARIZONA DEPARTMENT OF ADMINISTRATION
ARIZONA 9-1-1 PROGRAM
MEMORANDUM OF UNDERSTANDING FOR
GEOGRAPHICAL INFORMATION SYSTEMS(GIS) SUPPORT SERVICES
This Memorandum of Understanding(MOU) between the Arizona 9-1-1 Program(Program) managed by the
Arizona Department of Administration (ADOA)and System Administrator signatory to this MOU which manages
911 systems(Systems).This MOU outlines the roles, responsibilities, and expectations of the parties in relation
to the provision of GIS in support of Next Generation(NG)9-1-1 in the State of Arizona.
WHEREAS, the Arizona 9-1-1 Program and 911 systems managed by System Administrators both recognize
the importance of providing GIS for communities in the State of Arizona in order to improve the efficiency and
effectiveness of emergency response; and
WHEREAS, ADOA has the authority to enter into this MOU in order to achieve this purpose pursuant to A.R.S.
18-104 A 15;
NOW THEREFORE, the Arizona 9-1-1 Program and the System Administrator(on behalf of the 911 Systems it
manages) agree to enter into this MOU in order clarify responsibilities for GIS in support of NG911 Systems for
communities in Arizona.
The parties agree to the terms and conditions contained in this MOU as follows:
Section 1 : Purpose
The purpose of this MOU is to establish a relationship between the Arizona 9-1-1 Program within the Arizona
Department of Administration and the System Administrator of the 911 Systems to which this MOU applies. This
MOU is designed to clarify the GIS capabilities required by the System Administrator(and the PSAPs under this
management)and to identify GIS support that may be available for communities in the State of Arizona.
The capabilities and related support will include:
- creating and maintaining accurate and up-to-date geospatial data layers
- resolving ALI/TN/MSAG discrepancies
- integrating GIS data including site structure address points, road centerlines,emergency service
boundaries, into emergency response systems
- updating Vesta Map Local
- submitting geospatial data to GeoComm
- helping to maintain geospatial continuity for NG9-1-1 routing
The underlying goal of these arrangements are to improve the efficiency and effectiveness of emergency
response in Arizona communities utilizing Next Generation (NG)911 technology.
Section 2: Definitions
Definitions used in this document are listed below. Some of the technical definitions were taken from the NENA
Knowledge Base Glossary-National Emergency Number Association in effect at the time of this MOU.
3
Automatic Location Information (ALI) is the automatic display at the PSAP of the caller's
telephone number,the address/location of the telephone and supplementary emergency services
information of the location from which a call originates.
Computer Aided Dispatcher(CAD) is a computer-based system, which aids PSAP
Telecommunicators by automating selected dispatching and record keeping activities.
Emergency Call Routing Function(ECRF) Emergency Service Boundary is a functional element in
NGCS(Next Generation Core Services)which is a LoST(Location-to-Service Translation)protocol server where
location information(either civic address or geo-coordinates)and a Service URN serve as input to a mapping
function that returns a URI used to route an emergency call toward the appropriate PSAP for the caller's location
or towards a responder agency.
Emergency Service IP Network(ESinet) is a managed IP network that is used for emergency services
communications, and which can be shared by all public safety agencies. It provides the IP transport infrastructure
upon which independent application platforms and core services can be deployed, including, but not restricted to,
those necessary for providing NG9-1-1 services. ESlnets may be constructed from a mix of dedicated and
shared facilities. ESlnets may be interconnected at local, regional, state,federal, national and international levels
to form an IP-based internetwork (network of networks).The term ESinet designates the network, not the
services that ride on the network. See NG9-1-1 Core Services.
Geographic Information System (GIS) is a system for capturing, storing, displaying, analyzing, and
managing data and associated attributes which are spatially referenced.
Location Validation Function (LVF) is a functional element in an NGCS(Next Generation 9-1-1
Core Services)that is a LoST protocol server where civic location information is validated against the
authoritative GIS database information.A civic address is considered valid if it can be located within the
database uniquely, is suitable to provide an accurate route for an emergency call, and adequate and
specific enough to direct responders to the right location.
Master Street Address Guide(MSAG) is a database of street names and house number ranges within
their associated communities defining Emergency Service Zones(ESZs)and their associated Emergency
Service Numbers(ESNs)to enable proper routing of 9-1-1 calls.
National Emergency Number Association (NENA)is referred to as The 9-1-1 Association,which is
fully dedicated to the continued improvement and modernization of the 9-1-1 emergency communication system.
NENA's approach includes research, standards development, training, education, certification, outreach, and
advocacy through communication with stakeholders.As an ANSI-accredited Standards Developer, NENA works
with 9-1-1 professionals, public policy leaders, emergency services and telecommunications industry partners,
like-minded public safety associations, and more. Current NENA activities center on awareness, documentation,
and implementation for Next Generation 9-1-1 (NG9-1-1)and international three-digit emergency communication
systems. NENA's worldwide members join with the emergency response community in striving to protect human
life, preserve property, and maintain the security of all communities.
Next Generation 9-1-1 (NG9-1-1)is an IP-based system comprised of hardware, software, data,
and operational policies and procedures that:
(A)provides standardized interfaces from emergency call and message services to support
emergency communications;
(B) processes all types of emergency calls, including voice, data, and multimedia information;
(C)acquires and integrates additional emergency call data useful to call routing and handling;
(D)delivers the emergency calls, messages, and data to the appropriate public safety answering
point and other appropriate emergency entities;
(E)supports data or video communications needs for coordinated incident response and
management.
Next-Generation Core Services(NGCS) is the set of services needed to process a 9-1-1 call on an
ESlnet. It includes, but is not limited to, the ESRP, ECRF, LVF, BCF, Bridge, Policy Store, Logging Services, and
typical IP services such as DNS and DHCP.The term NG9-1-1 Core Services includes the services and not the
network on which they operate. See Emergency Services IP Network.
Public Safety Answering Point(PSAP) is a physical or virtual entity where 9-1-1 calls are delivered by
the 9-1-1 Service Provider.
RCL(Road Centerlines)is a GIS feature that represents a centerline of a roadway. Each RCL segment
has a beginning point,end point and consequently a direction of flow from beginning to end. A RCL typically has
street number range information (High and Low) attributed to each segment in order to facilitate geocoding.
Site Structure Address Points Any city-style address that includes a house number and a street name
is considered a Civic Address. Civic Addresses include a community name that may or may not be recognized
by the USPS or be MSAG valid. Civic Addresses may be used as Postal addresses if recognized by the USPS.
Civic Addresses may be used as MSAG addresses if they are an exact match to the MSAG address.A rural
route delivery address or FPO or APO address is not considered a Civic Address.
Section 3: Scope
3.0 The Systems wishing to utilize NG911 technology provided by the State of Arizona through it's Program
must perform activities related to implementing and operating of their respective emergency telecommunication
system as follows:
3.01 Site Structure Address Point: creating and maintaining accurate and up-to-date site structure
address points for emergency response.
3.02 Road Centerline: creating and maintaining accurate and up-to-date road centerlines for use in
emergency response.
3.03 Emergency Service Boundary: creating and maintaining accurate and up-to-date emergency service
boundaries for use in emergency response.
3.04 Resolving ALI/TN/MSAG Discrepancies: resolving any discrepancies in the Automatic Location
Information(ALI), Telecommunication Number(TN), and Master Street Address Guide(MSAG)
systems that may impact NG911 call routing.
3.05 Field Verify Address Discrepancies:verifying address discrepancies and providing mobile tools
such as Survey123 and ArcGIS Field Maps to verify civic locations.
3.06 Updating Vesta Map Local and Solacom Guardian: submitting geospatial data to GeoComm for
inclusion in the Vesta Map Local system and updating Solacom Guardian mapping as needed.
3.07 Updating unique requirements for RapidDeploy Radius Map: updating any unique requirements for
the RapidDeploy Radius Map as needed.
3.08 CAD GIS support from NG9-1-1 datasets: integrating GIS data from NG9-1-1 datasets into
Computer Aided Dispatch(CAD)Systems, as needed.
3.09 Arizona Spatial Data Infrastructure(SDI): leveraging and standing up processes/workflows on
Arizona Spatial Data Infrastructure(SDI), known as AZGeo, when a 9-1-1 system cannot stand up
GIS Enterprise Infrastructure and leverage web-based editing tools.
3.10 1 Spatial: using 1 Spatial's reporting solution 1 Data Gateway to show data quality, quantity, and time
when data was last submitted to the Program for synchronization into the Spatial Interface(SI)at
least quarterly. The following data layers will be shared although additional data layers may be
requested in support of the statewide initiative.
• Road Centerlines
• Site Structure Address Points
• Emergency Service Zone and/or Emergency Service Boundaries to include PSAP, Law, Fire,
and EMS
• Provisioning Boundary
• Parcels
3.11 Additional GIS or mapping support services: taking all actions to comply with GIS requirements for
geospatial call routing, which includes having accurate and up-to-date geographic data for the areas
covered by the 9-1-1 System and providing additional GIS, GIS Infrastructure, or mapping support
services as needed to assure compliance regardless of funding availability. .
Section 4: Obligations of the Parties
4.01 First, the System Administrators, either directly or through the PSAPs in their purview shall provide
the necessary resources and support to carry out the activities outlined in Section 2 and elsewhere
in this MOU.They will also provide access to relevant data and systems, collaborate with the
Program and State contracted vendors, and participate in training or technical assistance to
advance its capabilities.
4.02 Second, the Program will provide GIS support to the System Administrator as outlined in the Scope
(Section 2) of this MOU as necessary and appropriate subject to staffing and funding limitations
prioritized based on the criticality of need as determined by the Program and at their sole discretion.
4.02.01 The support will include identified specific projects or activities to improve or maintain its
GIS capabilities, based upon evidence or documentation to support the need.
4.02.02 If the 9-1-1 system cannot remediate the issues within a two-week window or is non-
communicative, the 9-1-1 program will make the necessary changes and process the data.
The updated dataset will then be provided to the 9-1-1 system to integrate into their
database
4.03 Third, and to the extent necessary,the System Administrator and/or the PSAP within its jurisdiction
shall engage State GIS contracted vendors under existing State contracts to close any significant
gaps in their capabilities.
4.04 The System Administrator and the State 911 Program will each designate a primary point of contact
for coordinating and communicating regarding the activities outlined in this MOU.
4.05 All statements in this MOU made by the System Administrator, bind all Public Safety Answering
Points(PSPs)within the territory that the System Administrator covers.Any exceptions must be
noted in advance in writing as an addendum to this MOU.
Section 5: Governance
5.0 A.R.S. 41-704 authorizes the Arizona Department of Administration to administer the emergency
telecommunication services revolving fund. The substantive laws and rules of Arizona (without reference to any
choice of law principles)shall govern the interpretation, validity, performance, and enforcement of this MOU.
5.01 The Program oversees the NG9-1-1 GIS system in Arizona.
5.02 The Program has the authority to develop and maintain the NG9-1-1 GIS system.
5.03 System Administrators will comply with the rules and regulations established by the Program about
the NG9-1-1 GIS system including its authorized users.
5.04 The Program will determine asset ownership for the NG9-1-1 GIS system by the rules and
regulations established by the Program
5.05 The Program will determine financial obligations for the NG9-1-1 GIS system in accordance with the
rules and regulations established by the Program.
5.06 The Program will maintain the NG9-1-1 GIS system, including networks, equipment, techniques,
and licenses.
5.07 System Administrator will cooperate with the Program to maintain the NG9-1-1 GIS system and
provide necessary resources and support in relation to its coverage area
Section 6: Policy
6.0 It is agreed and understood by the parties that:
6.01 The Program will develop practices, procedures, methods, and standards for the Program about the
NG9-1-1 GIS system.
6.02 System Administrators will follow the practices, procedures, methods, and standards established by
the Program about the NG9-1-1 GIS system.
6.03 The Program will determine the authorized use of the NG9-1-1 GIS system and network by state
law and the rules and regulations established by the Program.
6.06 The System Administrator shall comply with State Executive Orders No. 2023-01, 2009-09, and any
and all other applicable Federal and State laws, rules and regulations, including the Americans with
Disabilities Act.
Section 7: Term; Amendments
7.01 Term: This Agreement will commence on July 1, 2024, and terminate on June 30, 2027, unless
otherwise extended or renewed.This agreement expires at the end of its term unless the System
Administrator has obtained prior written Program approval for an extension or renewal.
7.02 Renewal:This MOU is subject to renewal every three years, coinciding with the state fiscal cycle,
upon mutual written agreement of both parties. The intent to renew or any modifications to the MOU
must be communicated and agreed upon in writing by both parties no later than sixty(60)days prior
to the end of the current term.
7.03 Updates:The Program and the System Administrator may initiate updates or changes to this MOU
as needed. Updates or changes to this MOU will be made in writing and must be agreed upon by
both parties.
Section 8: Commitment
This MOU is intended by the parties as a final and complete expression of their agreement. No course of prior
dealings between the parties and no usage of the trade shall supplement or explain any terms used in this MOU
and no other understanding either oral or in writing shall be binding. The provisions of this MOU are severable.
Any term or condition deemed illegal or invalid shall not affect any other term or condition of the MOU.The System
Administrator shall not assign any right nor delegate any duty under this MOU without the prior written approval
of the State. The State shall not unreasonably withhold approval.
Section 9: Arbitration
The parties to this MOU agree to resolve all disputes arising out of or relating to this MOU through arbitration,
after exhausting applicable administrative review, to the extent required by A.R.S.§ 12-1518, except as may be
required by other applicable statutes (A.R.S. Title 41).
Section 10: Availability of Funds
10.01 Availability of Funds for the Next State Fiscal Year. Funds may not presently be available for
performance under this MOU beyond the current State Fiscal Year. No legal liability on the part of the
State for any payment may arise under this MOU beyond the current State Fiscal Year until funds are
made available for performance of this MOU.
10.02 Availability of Funds for the Current State Fiscal Year. Should the State Legislature enter back into
session and reduce the appropriations or for any reason and the related services are not funded, the
State may take any of the following actions:
10.02.1. Cancel the MOU; or
10.02.02.Cancel the MOU and re-acquire the services in another manner.
Section 11 : indemnification
Each party(as'indemnitor)agrees to indemnify,defend,and hold harmless the other party(as'indemnitee')from
and against any and all claims, losses, liability, costs, or expenses (including reasonable attorney's fees)
(hereinafter collectively referred to as 'claims') arising out of bodily injury of any person (including death) or
property damage but only to the extent that such claims which result in vicarious/derivative liability to the
indemnitee, are caused by the act, omission, negligence, misconduct, or other fault of the indemnitor, its officers,
officials, agents, employees, or volunteers.
Section 12: Force Majeure
Neither the System Administrator nor State shall be liable to the other nor deemed in default under this MOU if
and to the extent that such party's performance of this MOU is prevented by reason of force majeure. The term
"force majeure" means an occurrence that is beyond the control of the party affected and occurs without its fault
or negligence. Without limiting the foregoing,force majeure includes: acts of God, acts of the public enemy,war,
riots,strikes, mobilization,labor disputes,civil disorders,fire,flood, lockouts, injunctions-intervention-acts,failures
or refusals to act by government authority, and other similar occurrences beyond the control of the party declaring
force majeure which such party is unable to prevent by exercising reasonable diligence.
Section 13: Confidentiality and Data Privacy
13.01 This Section 13 applies to the extent the subject of this MOU includes handling of any(1)
State's proprietary and sensitive data or(2)confidential or access-restricted information
obtained from State or from others at State's behest.
13.02 Data Protection and Confidentiality of Information. System Administrator warrants that it
will establish and maintain procedures and controls acceptable to State for ensuring that
State's proprietary and sensitive data is protected from unauthorized access and information
obtained from State or others in performance of its duties is not mishandled, misused, or
inappropriately released or disclosed. For purposes of this paragraph, all data created in any
way related to this MOU, provided to System Administrator by State, or prepared by others
for State are proprietary to State, and all information by those same avenues is State's
confidential information. To comply with the foregoing warrant:
13.02.01 System Administrator shall provide the State with a copy of its Disaster Recovery Plan upon
request. The Disaster Recovery Plan shall outline the System Administrator's actions, with
timelines, in the event of a natural disaster, cyber-attack or loss of ability to operate and
perform services under this MOU.
13.02.02 System Administrator shall: (a) notify State immediately of any unauthorized access or
inappropriate disclosures, whether stemming from an external data breach, internal data
breach, system failure, or procedural lapse within twenty-four(24) hours of a data breach,
by sending an email to the Arizona Department of Homeland Security at
AZSOC(7o.azdohs.gov, reporting the incident that occurred; (b) cooperate with State to
identify the source or cause and respond to each unauthorized access or inappropriate
disclosure; and (c) notify State promptly of any security threat that could result in
unauthorized access or inappropriate disclosures;and
13.02.03 System Administrator shall not:(a)release any such data or allow it to be released or divulge
any such information to anyone other than its employees or officers as needed for each
person's individual performance of his or her duties under the MOU,unless State has agreed
otherwise in advance and in writing; or(b)respond to any requests it receives from a third
party for such data or information, and instead route all such requests to State's designated
representative.
13.03 Personally Identifiable Information. Without limiting the generality of the above, System
Administrator warrants that it will protect any personally identifiable information ("PII") belonging to
State's employees or other contractors or members of the general public that it receives from State or
otherwise acquires in its performance under the MOU. For purposes of this paragraph:
13.03.01 PII has the meaning given in the Office of Management and Budget (OMB) Memorandum
M-17-12 Preparing for and Responding to a Breach of Personally Identifiable Information,
January 3, 2017; and
13.03.02"protect"means taking measures to safeguard personally identifiable information and prevent
its data breach that are functionally equivalent to those called for in that OMB Memorandum
and elaborated on in the General Services Administration (GSA) Directive CIO P 2180.1
GSA Rules of Behavior for Handling Personally Identifiable Information.
NOTE(1): For convenience of reference only, the OMB memorandum is available at:
https://dpcld.defense.gov/Privacy/Authorities-and-Guidance/
NOTE(2): For convenience of reference only, the GSA directive is available at:
https://www.gsa.gov/directive/qsa-rules-of-behavior-for-handling-personally-identifiable-
information-(pii)-
Section 14: Termination for Default
14.01. The State may terminate the MOU in whole or in part due to the failure of the System Administrator to
comply with any term or condition of the MOU,or to make satisfactory progress in performing the MOU.The State
shall provide written notice of the termination and the reasons for it to the System Administrator. Upon termination
under this paragraph, all documents, data, and reports prepared by the System Administrator under the MOU
shall become the property of and be delivered to the State on demand.
14.02. The State may, upon termination of this MOU, procure, on terms and in the manner that it deems
appropriate, materials or services to replace those under this MOU.
14.03 The System Administrator shall continue to perform, in accordance with the requirements of the MOU, up
to the date of termination, as directed in the termination notice.
Section 15: Signatures
All finalized attachments should be included for each party to review before signing.There should be the
corresponding number of original copies of the Agreement to sign as there are parties,for each party to have a
signed original for their official government record.
15.01 This Agreement is executed in duplicate originals.
[State of Arizona 9-1-1 Program] 21 ern d nistrator]
By: By:
Printed Name: Printed Nam gLa /� K Li,
Title: Title:_ v 7 D,rt�I� - Psc 6
Date: Date: 7 t- 2d21