HomeMy WebLinkAboutRES 24-22 RESOLUTION LUTION NO. 24-22
A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY
OF APACHE JUNCTION, ARIZO A, AUTHORIZING THE CITY OF
APA HE JUNCTION, ARIZ A ("CITY") , TO ENTER AN ARIZ NA
MUTUAL AID} COMPACT WITH THE EMERGENCY/MANAGEMENT
DIVISION OF THE ARIZONA DEPARTMENT OF EMERGENCY AND
MILITARY AFFAIR (-DE A/ ") F
WHEREAS, during a state of emergency or state of war
emergency defined under A<J C.0 a Vol.. I, Chapter 2. r`I
Council and ns, § 2-1 6-1
finitio s, mutual aid may be sought or provide by the City
and
WHEREAS, ur°su nt to A,R m ; . § 2 -311 (C) and ( , local and
state agencies are fully authorized to provide mutual gad during
such emergencies; and
WHEREAS, pursuant t �R.S= § 1 - 52 (A) , public agencies
may contract for mutual aid services in the form of compacts
and
WHEREAS, the City and DEMA/EM desire to enter such
compact as more fully set forth in Attachment Am
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF APACHE JUNCTION ARIZC A, AS FOLLOWS:
l) The mayor and city council hereby approve the attached
form of the compact between the City and DMA/Eta, and the mayor
is hereby authorized to sign the agreement.
2 The city manager may delegate the city police chief or
his or her designee to take all actions necessary to effectuate
the purpose of this resolution.
PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
ARACitR JUNCTION, ARIZC t A, THIS k- DAY CIF j _$ 2024 .
SIGNED AND ATTESTED TO THIS DAY OF ��� . w� 2024 .
RESOLUTION NO. 24 22
PAGE I OF 2
Mayor
ATTEST:
' EN
y Clerk
APPROVED AS TO FORM:
RICHARD J. STERN
City Attorney
RESOLUTION NO. 24-22
PAGE
ATTACHMENT A
ARIZONA MUTUAL AID COMPACT
This Compact was made and entered into by and among the signatory Parties, including the
State of Arizona,through the Emergency Management Division of the Arizona Department of
Emergency and Military Affairs(DEMA/EM).
Recitals
WHEREAS one or more Parties 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 all Parties be available to all other Parties on pre-
established terms, in order to respond to such emergencies;and,
WHEREAS it is desirable that each of the Parties 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 to utilize this Compact in exercising adopted emergency plans;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 Parties as follows:
2024 Version
COMPACT
1. Purpose.
The purpose of this Compact is to establish emergency management terms and
procedures for participating Parties to provide mutual aid assistance to any affected area in
accordance with local ordinances, resolutions, emergency plans, or agreements.This Compact
shall be construed in accordance with all applicable laws.
2. Scope.
The Scope of this Compact is to(1)provide the procedures to notify the Providing Parties
of the need for emergency assistance; (2) identify available resources; and (3) provide a
mechanism for compensation for resources.
3. Definitions.
• Automatic Mutual Aid means the dispatch and response of requested resources
without incident-specific approvals under an agreement separate from this
Compact. These agreements are usually basic contracts; some may be informal
accords,
• Compact means this document,the Arizona Mutual Aid Compact(AZMAC).
• Director means the Director of the Emergency Management Division of the
Arizona Department of Emergency and Military Affairs(DEMA/EM).
• Emergency or Emergencies means any disaster or contingency situation that
requires a collaborative effort among multiple Parties.
• Local Mutual Aid Agreements are separate agreements between Parties and/or
other entities that involve a formal request for assistance.
• Party and Parties refers to any entity(ies)that have signed this Compact.All state
agencies, tribal nations, and political subdivisions in the State of Arizona are
eligible to sign this Compact as Parties.
• Political Subdivision means any county, incorporated city or town, or school
district,community college district,or other tax-levying public district.
• Providing Party means the Party rendering aid under this Compact to another
Party in the event of an emergency.
• Requesting Party means the Party seeking aid under this Compact from another
Party in the event of an Emergency.
• Self-deploy refers to the act of a Party responding to another Parity's emergency
without being requested by the affected Party.
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4. Guiding Framework.
Unless otherwise expressly agreed to in writing by a Providing Party and a Receiving Party
in a separate agreement,the Parties agree to interpret the language of the Compact as operating
consistently with-,
• Arizona Revised Statute (A.R.S.), Title 26, Military Affairs and Emergency
Management.
40 Arizona Administrative Code(A.A.C.),Title 8, Chapter 2, Article 3 (addressing the
Governor's Emergency Fund).
National Incident Management System (NIMS),2017:
S. Procedures for Requesting Assistance.
Any Party experiencing an emergency may request assistance from any other Party under
this Compact. However, when making such requests, consideration should be given to the
geographical proximity of the other Parties from which assistance is being requested.All requests
for assistance from the State must be coordinated through the Requesting Party's county
emergency manager or tribal emergency manager,whichever is applicable.
Any request for assistance must specify:
1. What the emergency is.
2. The amount and type of resources needed.
3. The estimated period during which such mutual aid is required.
Parties must use the Resource Request form provided in Appendix A. Additionally, it is
recommended that Parties utilize WebEOC to track requests.
6. Providing Party's Assessment of Availability of Resources and Ability to Render
Assistance.
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 that plans on retaining or seeking eligibility to receive Emergency
Management Performance Grant{Elul PG)funds must have 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,
and must provide a copy of its most current plan to DEMA/EM Grants Administration upon
request.
8. Contact List.
Each Party shall develop a contact list as outlined in Ap2gnclix B 1 11
J,which shall be provided
to the Director to make available to all other Parties. A minimum of two contacts, preferably
3
three,must be provided in Appendix 8,A Party may update its contact information,at any time,
by providing the updated contact information in writing to the Director,who shall make available
the updated contact information to all other Parties. The contact list should be updated
periodically,when necessary(i.e.,personnel change).
9. Reimbursement Procedures between Parties.
If the Providing Party desires reimbursement for the assistance it is providing, the
Requesting Party shall reimburse the Providing Party for one hundred percent(100%)of all costs
incurred, and as agreed to, within the mutual assistance compact, whether an emergency has
been declared or not.The Providing Party must declare its intent to seek reimbursement as part
of its response to the Requesting Party's request for assistance(see Appendix A).The Providing
Party and the Requesting Party shall agree upon allowable costs, both actual and estimated, for
mutual assistance prior to the dispatch of any mutual assistance resources. In the event that the
agreement includes reimbursement of all agreed to activities by the Providing Party, the
Providing Party must submit a claim for all costs incurred during the execution of the mission
assignment to the Requesting Party,The claim must include copies(no original documents)of all
documentation to support their claim of reimbursement, including but not limited to timecards,
payroll reports,fringe benefits information,pay policies,vehicle/daily logs,maintenance records,
equipment lists,invoices,contracts, receipts, procurement policies, inventory reports, proofs of
payments,insurance policies,rental agreements, etc.
The Requesting Party shall reimburse the Providing Party for all sufficiently documented
submitted costs,as agreed to,regardless of the existence of a State Declaration or a State Level
Emergency,or a federal Emergency or Major Disaster Declaration.
Self-deployed resources will not be reimbursed under this Compact.
10. Reimbursement Procedures from the State or Federal Government.
The Providing Party shall be reimbursed for costs associated with this Compact by the
Requesting Party only. The Providing Party is not eligible for reimbursement from the State or
federal government under the terms of this Compact; eligibility for reimbursement from the
State or federal government is determined solely by state and/or federal laws and policies.
Additionally,neither the State nor the federal government is liable for any claim arising from an
emergency for which the applicant receives funds from another source.
Costs and work performed by the Providing Party may,or may not,be reimbursable by the State
or federal government, if submitted by the Requesting Party for reimbursement under a State
Declaration for a State-Level Emergency, or federal Emergency, or Major Disaster declaration,
Regardless of eligibility for reimbursement from the State or the federal government under a
State Declaration for a State-Level Emergency, or federal Emergency or Major Disaster
declaration, the Requesting Party shall fully reimburse the Providing Party's claim, providing all
requirements are met. Failure to fully reimburse claims may establish a history of non-payment
of AZMAC claims and may disqualify a Requesting Party from being able to be reimbursed under
future State Declaration for a State-Level Emergency, or federal Emergency, or Major Disaster
4
declaration events.
11. Personnel Compensation and insurance.
Except to the extent that reimbursement is separately agreed to, the Requesting Party
and the Providing Party each shall be responsible for all compensation of their respective
employees and insurance coverage for their respective equipment.
12. Immunity.
Notwithstanding the indemnification provision set forth below, the Parties shall have
such immunity as provided by applicable state,federal,or tribal law.
13. Indemnification.
To the extent permitted under applicable laws, each Party (as "Indemnitor") agrees to
defend, indemnify, and hold harmless the other Party (as "Inclemnitee") 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 are caused by
negligent act or omission or other fault of the Indemnitor, its officers, officials, agents,
employees, emergency workers, or volunteers, If a Claim or Claims become subject to this
indemnity provision, the Parties in question shall expeditiously meet to discuss a common and
mutual defense, including proportional liability and payment of possible litigation expense and
money damages. Notwithstanding the foregoing, nothing herein shall be construed to modify
the gross negligence standard applicable to each Party under the law applicable to that Party.
Should a Party to this Compact use a contractor for any purpose,that Patty must ensure that its
contractor(s)(and all of their subcontractors and materials suppliers, regardless of their degree
of removal from the Party' contractor) are required to abide by the insurance requirements
which are set forth in App±nclix C.The obligations under this Section shall survive termination of
this Compact,
14. Term.
This Compact shall terminate ten years after the effective date or until participation in
this Compact is terminated by the Party. The 2014 Compact shall cease to be effective as of
midnight Arizona time on the evening of December 31, 2023, and this Compact shall go into
effect immediately thereafter for all Parties that have signed this Compact before that date and
time. This Compact shall continue in effect until midnight Arizona time on the evening of
December 31,2033.
IS. Effect of Termination by a Party.
The termination by one or more of the Parties of its/their participation in this Compact
shall not affect the operation of this Compact as between the other Parties, The Director shall
identify on DEMA's website, with updates as needed,all Parties to this Compact.
5
16. 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 such laws, rules and regulations during the terms of this Compact shall
apply without the need to amend this Compact.
17. Workers!Compensation.
Each Party shall maintain Workers' Compensation insurance coverage on all of its own
employees providing services pursuant to this Compact.
19. Insurance.
Except as expressly provided in this Compact, each Party shall bear the risk of its own
actions as it does with all its operations, and shall determine for itself an appropriate level of
insurance coverage and maintain such coverage. Nothing in this Compact shall be construed as
a waiver of any limitation on liability that may apply to a Party,
19. Non-Appropriation.
Every payment obligation of each of the Parties under this Compact is conditioned upon
the availability of funds appropriated and allocated for the payment of such obligation. If a
Party's funds are not appropriated,allocated,and available or if the appropriation is changed by
the legislature or other governing body resulting in funds no longer being available for the
continuance of that Party's participation in this Compact, that Party may terminate its
participation in this Compact as of the end of the period for which funds are available by
providing written notice in advance to the Director. No liability shall accrue to the Party in
question in the event this provision is exercised, and that Party shall not be obligated or liable
for any future payments or for any damages as a result of termination under this paragraph.
20. No Third-Pa rty Beneficiaries.
Nothing in this Compact confers any rights or remedies to any person or entity that is not
a Party.Nothing in this Compact affects the legal liability of any Party to this Compact by imposing
any standard of care different from the standard of care imposed by law.
21. Entire Compact.
This document constitutes the entire Compact between the Parties pertaining to the
subject matter hereof.This Compact shall not be modified,amended,or altered.
22. Jurisdiction.
Nothing in this Compact shall be construed as otherwise limiting or extending the legal
jurisdiction of any Party.
23. Conflict of Interest.
If applicable to the Party in question, that Party may terminate its participation in this
Compact, without penalty or further obligation, if any person significantly involved in initiatin&
negotiating, securing, drafting, creating, or executing this Compact on behalf of the Party is, at
6
any time while this Compact or any extension is in effect, an employee, agent or consultant of
another Party with respect to the subject matter of this Compact.
24. Supervision and Control.
Management of an emergency shall remain with the Party originally responsible for
responding to the emergency.From the time of arrival to the time of departure at the emergency
scene, the Providing Party shall be considered for all purposes to be under the direction and
control(other than for the purposes of Workers'Compensation,as provided in Section 17 of this
Compact) of the Requesting Party. In proceeding to and returning from the emergency scene,
the Providing Party shall not be under the direction and control of the Requesting Party.
Supervision and control of Providing Parties' personnel and equipment shall be in accordance
with the National Incident Management System.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.
25. Severability:Effect on Other Agreements.
It is expressly understood that this Compact shall not supplant existing agreements
between any of the Parties that provide for the exchange or furnishing of goods and/or service.
26. 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 fullest extent permitted by law.
27. Responsibility of the Department of Emergency and Military Affairs.
Nothing in this Compact limits or restricts the legal duties and obligations of DEMA/EM
when responding to the emergency of any Party.
28. Executilon 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 provided to the Director.This Compact will be effective between all Parties that execute
this Compact even if it is not executed by all eligible entities.
29. Termination.
Termination of participation in this Compact by any Party may be affected by that Party
as follows:
Notice of termination will be given to the Director 20 days prior to termination.Any Party
may,by resolution of its governing body or person,terminate its participation in this Compact by
providing a copy of such resolution to the Director.The Parties understand and acknowledge that
a Party's participation in this Compact may be subject to cancellation or termination by that Party
pursuant to the terms of this Compact, or pursuant A.R.S. § 38-511, or applicable tribal law.
Pursuant to the provisions of A.R.S. § 11-952(8)(4), in the event of termination by a Providing
Party or a Requesting Party,any property belonging to such Party shall be returned to that Party.
7
30. Dispute Resolution.
The Parties to this Compact agree to resolve all disputes arising out of or relating to this
Compact through arbitration, after exhausting applicable administrative review, to the extent
required by law.
31. Record Retention.
Each Party shall retain all records relating to this Compact for a period of five (5) years
after the expiration of its term. All records shall be subject to review and copying by any other
Party that participated in the emergency response to which such records relate (including such
entities that are former Parties whose participation in this Compact was terminated within the
five years preceding a request to review and copy)at reasonable times.
32. Forced Labor of Ethnic Uyghurs.
To the extent applicable under A.R.S. §35-394, each Party warrants and certifies that it
does not currently, and agrees that it will not for the duration of this Compact, use the forced
labor,any goods or services produced by the forced labor,or any contractors,subcontractors,or
suppliers that use the forced labor or any goods or services produced by the forced labor of
ethnic Uyghurs in the People's Republic of China. If a Party becomes aware that it is not in
compliance with this paragraph, it shall notify all other Parties of the noncompliance within five
business days of becoming aware of it. if the offending Party fails to provide a written
certification that it has remedied the noncompliance within 180 days after that, said Party's
participation in this Compact shall terminate unless the termination date of this Compact occurs
before the end of the remedy, in which their participation will terminate on the Compact's
termination date.
33. Counterparts.
This Compact may be executed simultaneously or in counterparts, each of which
constitutes an original, but all of which together constitute one and the same agreement.
13
Arizona Mutual Aid Compact
Signature Page
(NAME OF PARTY)
IN WITNESS WHEREOF, the Party below hereby signs this Arizona Mutual Aid Compact
signature page,The signor warrants that he or she has been duly authorized to commit the Party
named to participate in this Compact by formal approval of the Party's governing body or person.
(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) It
r
3, t
T
and �
Appendix
Arizona Mutual Aid Compact
Emergency Management Resource Request
Requesting
Point of Contact:
Work: Cell,
Email:
Requested Resource:
Quantity:
Unit of Measure,
Date/Time Required:
Delivery L catiow
Date of Request:
Requesting Party"Cracking umber:
Mission
Special Instructions
(i.e.,delivery instructions, If the resource must come with personnel,fuel, lodging,etc.)
Personnel
l
Name:
Phone
Number.
r
Frail Address:
r
I
Regular Salary/
Hourly Rate:
¢.
Regular Fringe w
Benefit Hourly
overtime
Salary Hourly
Rater
Overtime
Fringe Benefit
Hourly Rate.
Estimated Resource Cost:
Request Forwarded to
Contact Name;
Organization/Agency:
Date Time of Submission:
Request Approved y Date:
(Name,Title,Signature)
Reimbursement
Providing Party Representative Signature Gate:
Requesting Party Representative Signature pate:
x
4'
Mt
Appendix B
Arizona MutualAid Compact . Points of Contact
Date:
Name of Party:
Mailing Address:
Authorized Representatives to Contact for Mutual Aid Assistance
Primary Contact 1st Alternate 2nd Alternate
Name
Title
w
Ida
Night ffi
Fax
Email _.. . . ..�. ,. ._.
Appendix C
Arizona Mutual Aid Compact IA MA`:)
Use of A Contractor
Each Party shall cause all of its contractor(s) and subcontractors performing any service or work
or providing any equipment or material relating to an emergency response undertaken through
this Compact to defend,indemnify,and hold harmless the State of Arizona,all Requesting Parties,
and all Providing Parties participating in responding to the emergency in question under this
Compact, and their respective directors, officers, officials, agents, and employees (hereinafter
referred to as "Indemnitee") from and against any and all claims, actions, liabilities, damages,
losses, or expenses (including court costs, attorneys' fees, and costs of claim processing,
investigation and litigation) (hereinafter referred to as "Claims") for bodily injury or personal
injury(including death), or loss or damage to tangible or intangible property caused,or alleged
to be caused, in whole or in part, by the negligent or willful acts or omissions of that Party's
contractor or any of the directors, officers, agents, or employees or subcontractors of such
contractor. This indemnity includes any claim or amount arising out of or recovered under the
Workers' Compensation Law or arising out of the failure of such contractor to Conform to any
applicable federal,state,tribal or local law,statute,ordinance, rule, regulation,or court decree.
It is the specific intention of the Parties that the Indemnitee shall, in all instances, except for
Claims arising solely from the negligent or willful acts or omissions of the Inclemnitee, be
indemnified by such contractor from and against any and all claims. It is agreed that such a
contractor will be responsible for primary loss investigation, defense,and judgment costs where
this indemnification is applicable. Nothing herein shall be construed to expand or modify the
gross negligence or immunity standard as set forth in the state,federal, or tribal law applicable
to the Party in issue.
Insurance Requirements for Parties:
None.
Insurance Requirements for Any Contractors Used by a Party to this Compact:
(Note: this applies only to Contractors used by a Party, not to the Party itself.) The insurance
requirements herein are minimum requirements and in no way limit the indemnity covenants
contained in this Compact. The State of Arizona in no way warrants that the minimum limits
contained herein are sufficient to protect the Party or Contractor from liabilities that might arise
out of the performance of the work under this Contract by the Contractor, its agents,
representatives,employees or subcontractors,and Contractor and the Party are free to purchase
additional insurance.
A. Minimum Scope and Limits of Insurance:Contractor shall provide coverage with limits of
liability not less than those stated below.
1. Commercial General Liability-Occurrence Form
Policy shall include bodily injuM property damage, personal and advertising injury,
and broad form contractual liability.
a. The policy shall be endorsed (Blanket Endorsements are not acceptable) to
Include the following additional insured language: "The State of Arizona,
[insert names of the Requesting Party(ies) and Providing Party(ies) in issue],
and their departments, agencies, boards, commissions, universities, officers,
officials, agents, and employees shall be named as additional insureds with
respect to liability arising out of the activities performed by or on behalf of the
Contractor." Such additional insured shall be covered to the full limits of
liability purchased by the Contractor, even if those limits of liability are in
excess of those required by this Contract.
b. The policy shall contain a waiver of subrogation endorsement (Blanket
Endorsements are not. acceptable) in favor of the "State of Arizona, [insert
names of the Requesting Party(ies)and Providing Party(ies)in issue],and their
departments, agencies, boards, commissions, universities, officers, officials,
agents, and employees" for losses arising from work performed by or on
behalf of the Contractor.
2, Business Automobile Liability
Bodily Injury and Property Damage for any owned, hired,and/or non-owned vehicles
used in the performance of this Contract.
• Combined Single Limit(CSQ $1,000,000
a. The policy shall be endorsed (Blanket Endorsements are not acceptable) to
include the following additional insured language: "The State of Arizona,
[insert names of the Requesting Party(ies) and Providing Party(ies) in issue],
and their departments, agencies, boards, commissions, universities, officers,
officials, agents, and employees shall be named as additional insureds with
respect to liability arising out of the activities performed by or on behalf of the
Contractor, involving automobiles owned, leased, hired or borrowed by the
Contractor". Such additional insured shall be covered to the full limits of
liability purchased by the Contractor, even if those limits of liability are in
excess of those required by this Contract.
b. Policy shall contain a waiver of subrogation endorsement (Blanket
Endorsements are not acceptable) in favor of the "State of Arizona, [insert
names of the Requesting Party(ies)and Providing Party(ies)in issue],and their
departments, agencies, boards, commissions, universities and its officers,
AZMACAPPENI'DIM" PA(]E2
officials,agents,and employees"for losses arising from work performed by or
on behalf of the Contractor.
c. Policy shall contain a severability of interest provision.
3. Workers' Compensation and Employers'Liability
• Workers'Compensation Statutory
• Employers'Liability
Each Accident $1,000,000
Disease-Each Employee $1,000,000
Disease-Policy Limit $1,000,000
a. Policy shall contain a waiver of subrogation endorsement (Blanket
Endorsements are not acceptable) in favor of the "State of Arizona, (insert
names of the Requesting Party(ies)and Providing Party(ies)in issue],and their
departments, agencies, boards, commissions, universities and its officers,
officials,agents,and employees"for losses arising from work performed by or
on behalf of the Contractor.
B. Additional Insurance Requirements: The policies are to contain, or be endorsed(Blanket
Endorsements are not acceptable)to contain,the following provisions:
1. The Contractor's policies shall stipulate that the insurance afforded the
Contractor shall be primary insurance and that any insurance carried by the
State of Arizona, [insert names of the Requesting Parties} and Providing
Part(ies) in issue], and their departments, agencies, boards, commissions,
universities and its officers, officials, agents, and employees shall be excess
and not contributory insurance.
2. The Contractor's insurance shall apply separately to each insured against
whom a claim is made, or suit is brought,except with respect to the limits of
the insurer's liability.Coverage provided by the Contractor shall not be limited
to the liability assumed under the indemnification provisions of its Contract
with the other Parties.
C. Notice of Cancellation: With the exception of (10) day notice of cancellation for
non-payment of premium, any changes material to compliance with this Contract in the
insurance policies above shall require(30)days written notice to the[insert names of the
Requesting Party(ies)and Providing Party(ies)in issue].
AZMACt'iPPEND1XC FIA,,.,E3
D. Acceptability of Insurers:Contractor's insurance shall be placed with companies licensed
in the State of Arizona. Insurers shall have an"A.M. Best"rating of not less than A-VII or
be duly authorized to transact Workers'Compensation insurance in the State of Arizona.
The State of Arizona in no way warrants that the above-required minimum insurer rating
is sufficient to protect the Contractor from potential insurer insolvency.
E. Verification of Coverage: Contractor shall furnish the Parties retaining the contractor in
question with certificates of insurance(ACORD form or equivalent approved by the State
of Arizona)as required by this Contract.The certificates for each insurance policy are to
be signed by an authorized representative.
All certificates and endorsements (Blanket Endorsements are not acceptablel are to be
received and approved by the Parties retaining the contractor in question before work
commences. Each insurance policy required by this Contract must be in effect at or prior
to the commencement of work under this Contract and remain in effect for the duration
of the project.Failure to maintain the insurance policies as required by this Contractor or
to provide evidence of renewal is a material breach of contract.
All certificates required by this Contract shall be sent directly to the Parties retaining the
contractor in question,
F. Subcontractors: Contractor's certificate(s) shall include all subcontractors as insureds
under its policies or Contractor shall furnish separate certificates for each subcontractor
to the Party to this Compact that the contractor in question has contracted with. All
coverage for subcontractors shall be subject to the minimum requirements identified
above.
G. Exceptions:In the event the Contractor or subcontractor(s)is/are a public entity,then the
Insurance Requirements shall not apply.Such a public entity shall provide a Certificate of
Self-insurance. If the contractor or subcontractor(s) is/are a State of Arizona agency,
board,commission,or university then none of the above shall apply.
NVAAC APPEN MX C -PAGE 2
Addendum #1
Arizona Mutual Aid Compact (AZMAC)
Cyber-Related Mutual Aid For Participating Tribal Parties
1. Purpose.
The purpose of this Addendum#1 ("Addendum") to the Arizona Mutual Aid Compact is
to define for the participating Parties the Arizona National Guard Cyber Joint Task Force of the
Arizona Department of Emergency and Military Affairs(AZNG-CJTF)terms and procedures which
will be used among the participating Parties for dispatching cyber-related mutual aid assistance
to any affected area in accordance with tribal laws, resolutions, and emergency plans or
agreements. The AZNG-CJTF may work with other applicable State and federal cybersecurity
entities, as needed. Except as expressly stated in this Addendum, all of the terms of the Arizona
Mutual Aid Compact itself apply to this Addendum as if set forth in this Addendum in full.
2. Scope.
The scope of this Addendum is to(1)identify the available cyber resources of the AZNG-
CJTF;(2) identify the terms and conditions for Requesting Parties to utilize those resources;and
(3)provide a mechanism for compensation for those cVber resources.
3. Definitions.
In addition to the definitions listed below,all of the definitions set forth in the Arizona
Mutual Aid Compact shall apply here.
• Cyber refers to both information and communications networks.
• Cyber Attack means any kind of malicious activity that attempts to collect, disrupt,
deny, degrade,or destroy information system resources or the information itself.
• Cyber Emergency means any actual, imminent, or potential cyber-related incident
that will adversely affect public health, safety, or security; the environment; or
economic prosperity on a level materially significant.
• Cyber Incident means actions taken through the use of an information system or
network that result in an actual or potentially adverse effect on an information
system, network,and/or the information residing therein.
• Cyber Threat means any circumstance or event with the potential to adversely impact
organizational operations (including mission, functions, image, or reputation),
organizational assets, or individuals through an information system via unauthorized
access,destruction, disclosure, modification of information,and/or denial of service.
Also,the potential fora threat-source to successfully exploit a particular information
system vulnerability,
• Cybersecurity means prevention of damage to, protection of, and restoration of
computers,electronic communications systems,electronic communications services,
wire communication,and electronic communication,Including information contained
I
therein, to ensure its availability, integrity, authentication, confidentiality, and
nonrepudiation.
4. Types of Assistance.
The AZNG-CJTF offers two types of assistance, (1)vulnerability assessment and (2)cyber
incident response.Vulnerability assessments are pre-emptive examinations of a party's physical
and electronic safeguards in place protecting the partys information system or network.
Vulnerability assessments are not done in response to a particular cyber incident.Cyber incident
response is assistance provided following a cyber-attack or intrusion on a party's information
system or network.
Regardless of whether a party requests AZNG-CJTF assistance to conduct either a
vulnerability assessment or a cyber incident response, LNG-CJTF assistance is limited to
examinations of relevant physical and electronic security measures for an information system or
network,an outline of AZNG-CJTF identified risks,threats,or breaches that were found as a result
of any examination, and AZNG-CJTF recommendations to either address or minimize any
identified risks, threats, or breaches and how a party could undertake such measures. AZNG-
CJTF assistance does not include implementing any cyber security recommendation it or its
personnel make,nor does it include directly thwarting or eliminating any ongoing cyber incident.
To request a vulnerability assessment from the AZNG-CJTF, contact
-be-rJo i n tla_,, For cyber incident response, refer to section S.
S. Procedures for Requesting Assistance.
All procedures for requesting cyber-related assistance should follow the provisions
outlined below:
1 Notify the DEMA/EM Duty Officer of the incident via phone at(602)469-3401.
2, Submit a Resource Request into WebEOC detailing:
a. When the Cyber Incident began,
b, what the Indicators of Compromise(IoCs)are,
c. the systems that have been affected(i.e., host machines,servers,other devices),
d< the steps that have been taken,and
e. what assistance is being requested.
Additionally, prior to any cyber-related assistance is provided, the Requesting Party and
AZNG-CJTF must enter into either a Memorandum of Understanding(MOU)or a Memorandum
of Agreement (MOA). These Memoranda will outline the scope of the cyber-related assistance
that the Requesting Party desires from the AZNG-CJTF and the conditions under which this
assistance will be conducted. These conditions can include terms or limitations from both the
Requesting Party and the AZNG-CJTF.
AZMACADDEND0M#1 PAGE2
An MOU will be entered if the cyber-related assistance being requested relates to a
preventative computer and network vulnerability assessment that is not in response to a
particular Cyber Incident.Any cyber-assistance provided by the AZNG-CJTF pursuant to an MOU
will not involve reimbursement or any other form of cost-sharing by the Requesting Party. An
MOA will be entered if the Gybe -related assistance being requested relates to a particular Cyber
Incident and not merely preventative assessments or examinations. Cyber-related assistance
conducted pursuant to an MOA may require the Requesting Party to reimburse some or all of the
AZNG-CJTF costs to conduct such assistance.
Any cyber-related assistance may be available regardless of whether there has been a
federal declaration of emergency. However, if the AZNG-CJTF provides cyber-related assistance
pursuant to an MOA that requires the Requesting Party to reimburse assistance costs to DEMA,
the Requesting Party shall be solely responsible for determining whether these costs can be
reimbursed by the federal government. Whether or not any cyber-assistance costs incurred by
the Requesting Party to the AZNG-CJTF are reimbursable by the federal government shall not be
a basis by the Requesting Party to delay reimbursing these costs to the Arizona National Guard
Cyber Response Revolving Fund in the timely manner outlined in the respective MOA.
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