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, other public agencies be made available to respond to such   emergency; 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:

  

 

COMPACT

 

1.                  Purpose.

The purpose of this Compact is to state for the Participating Parties, the terms and procedures for the execution of Arizona political subdivisions and tribal government’s full power to provide mutual aid in times of emergencies to any affected area in accordance with local ordinances, resolutions, emergency plans or agreements. Contracting authority for political jurisdictions of Arizona for this Compact is based upon A.R.S. § 26-308 which provides that “[e]ach 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 is to (1) provide the procedures to notify the Providing Parties of the need for assistance; (2) to identify available resources; and, (3) to provide a mechanism for compensation for resources.

 

3.                  Definitions.

Automatic Aid is assistance delivered automatically by pre-event written agreement between two jurisdictions.

           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 Work means work necessary to meet immediate threats to life, public safety, and improved property, including firefighting activities.

           Jurisdiction means the entity, Political Subdivision or Tribal government, which has the right or authority to interpret or apply law.

           Political Subdivision means any county, incorporated city or town, or public education district, or other tax-levying public improvement district.

           Providing Party means the participating Governmental Party providing aid In the event of an Emergency or Disaster.

           Requesting Party means the participating Governmental Party requesting aid in the event of an Emergency or Disaster.

           Self-deployed means to act on your own without being requested by the Requesting Party.

           

4.                  Directing 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.

 

5.         Procedures for Requesting Assistance.

            A Requesting Party, which needs assistance in excess of its own resources such as automatic 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.  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.

 

9.         Reimbursement Procedures by Non-State Entities.

            If the Providing Party desires reimbursement from a non-state entity, the Requesting Party shall reimburse the Providing Party for all costs (100%) when any mutual assistance is requested, whether an incident has been declared an emergency or not. The Requesting party shall reimburse the providing party after receipt of an itemized voucher and documentation of all “eligible costs” of labor, equipment, and materials that have actually been expended in providing assistance.

 

10.      Reimbursement Procedures by 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, R8-2-313 as applicable. 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 “eligible costs” including all the cost of the Providing parties for submittal to the State for consideration for reimbursement (75%) in accordance with A.A.C. Title 8.

 

11.             Eligible Costs.

Eligible costs will be reimbursed to the Providing Party for equipment expenses at the Providing Party’s reasonable equipment rates in effect at the time services are provided.  Reimbursement for materials and supplies will be at actual cost to the Providing Party.  In addition the Requesting Party shall reimburse the Providing Party for actual labor expenses, including eligible overtime and employee-related expenses in accordance with the Providing Party’s labor contracts and pay schedules in effect at the time of the incident.  Actual excess costs to the Providing Party incurred for required backfill or coverage shall also be reimbursed by the Requesting Party.

 

12.       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.

 

13.       Immunity.

            The parties shall have such immunity as provided by state law.

 

14.       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.

 

15.       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.

 

16.       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.

 

17.       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.

 

18.       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.

 

19.       Worker’s Compensation.

            Each party shall be responsible for any injuries which may occur to their

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).

 

20.       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. The Requesting Party will be liable for responding units until they have returned to the point of departure.  

 

21.       Non-appropriation.

            Notwithstanding any other provision in this Compact, this Compact may be terminated if for any reason the jurisdiction does not appropriate sufficient monies for the purpose of maintaining this Compact.  In the event of such cancellation, Parties shall have no further obligation to the other Parties other than for payment for services rendered prior to cancellation.

 

22.       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.

 

23.       Entire Agreement.

            This document constitutes the entire Compact between the parties pertaining to the subject matter hereof, and all prior or contemporaneous agreements and understandings, oral or written, are hereby superseded and merged herein.  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.

 

24.       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.

 

25.       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.

 

26.       Supervision and Control.

            Management of an incident shall remain with the jurisdiction in which the incident occurred.  Providing Parties shall assign an agency representative to report to the Requesting Party’s official in charge.  The Requesting Party may mission assign Providing Parties personnel, but each party’s representative retains supervision of its personnel and resources at all times.  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.

 

27.       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.

 

28.       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.

 

29.       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.

 

30.       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.

 

31.       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.

 

32.       Termination.

            Termination of participation in this Compact may be effected by any party as follows: 

 

A party shall by resolution of its governing body give notice of termination of 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.  This Compact is terminated as to such party 20 days after the filing of such resolution.

 

            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.

 

33.       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. 

 

 

 

 

ARIZONA MUTUAL AID COMPACT

Signature Page

 

 

(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 governing body.

 

                                                                                                                                                                                 

(Signing Authority)                                                               Date

 

 

ATTEST: _________________________________________________________

(Attesting Authority)                                                              Date

 

 

Date of formal approval by governing body:          __________________________                                    

 

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.

 

 

________________________________________________________________                                                                                                                                                         

(Attorney)                                                                               Date