MCSO SWAT BARN MOU FULLY EXECUTED.PDF

MEMORANDUM OF UNDERSTANTING
BETWEEN
‘The ARIZONA DEPARTMENT OF PUBLIC SAFETY
AND
MARICOPA COUNTY
€-$0-22-157 -x-00

PURPOSE

This Memorandum of Understanding (MOU) sets forth the mutual understanding of the Arizona
Department of Public Safety (AZDPS) and Maricopa County on behalf of the Maricopa County Sheriff's
Office {MCSQ) concerning storage of two DPS-owned armored vehicles and specialized equipment inside
County-owned property.

BACKGROUND

The AZDPS has acquired a Lenco BearCat and a new Rook Armared Vehicle that are valued at several
hundred thousand dollars, This item carries sensitive drone equipment inside and is currently stored
outdoors in a location that is vulnerable to the elements. The MCSO has a SWAT storage barn with
sufficlent space to store the designated AZDPS items. MCSO and AZDPS Tactical Operations Units are
partner in certain exercises and critical situations. Having proper storages for this critical and costly
equipment is mutually beneficial and Important for both agencies and the region. This isa non-
financial MOU.

AGREEMENT

Pursuant to the fallowing terms and conditions agreed to by the parties to this MOU, MCSO will provide
the following to OPS:

a. Secure storage facilities atthe Maricopa County SWAT Barn.
b. Secure badge access to designated AZDPS employees to the Maricopa County SWAT Barn.

DPS assumes full responsibility for risk and damages to its equipment.
DPS indemnifies and holds harmless the MCSO and Maricopa County, its agencies and employees, from
all claims, actlons, causes of actions, suits and demands whatsoever, whether in law or in equity,

including claims for cantributions, arising from the use of the designated equipment during the time it is
stored on or in Maricopa County property.

DPS will be responsible for replacement/repair of the loss regardless of negligence of third parties.

DPS self-insures o¢ will provide Maricopa County with a certificate of insurance conceming the
equipment, naming Maricopa County as an additional insured,

DPS and MCSO shall designate a single Point of Contact (POC) who shall have the responsibility and
authority to coordinate the provisions of this MOU, including maintaining a record of DPS employees In

possession of access to the SWAT facility and facilities access dates and times. The contacts at the time

of the signing of this agreement will be; Lt. Mike Trowbridge, #1703 for MCSO and Captain Eddie
Rogers, #6369 for DPS.

AZDPS and MCSO will provide each other a 48-hour notice if there is a change in the POC. That notice
will be a maintained with the record of this agreement,

1. INDEPENDENT CONTRACTORS

This MOU is not Intended to constitute, create, give rise to, or otherwise recognize a joint venture
agreement, partnership or other formal business association or organization of any kind, and the
rights and obligations of the parties shall be only those expressly set forth in this MOU.

Parties acknowledge that under this MOU no employee or participant of the DPS Is ta be considered
a County employee and no employee or participant of MCSO is considered a DPS employee, and that
No rights of the other party's merit, retirement, or personnel rules shall accrue to such individual.
Each party shall have total responsibility for all salaries, wages, bonuses, retirement, withholdings,
workman's compensation, occupational disease compensation, unemployment compensation, other
employee benefits, and all taxes and premiums appurtenant thereto concerning its respective
Individuals and shall save and hold the other party harmless with respect thereto.

2, E-VERIFY
Each party ta this MOU warrants compliance with the Immigration and Nationality Act (INA using E-
verify) and all other federal immigration laws and regulations related to the immigration status of its
employees and ARS. §23-214{A), Each party shall obtain statements from its subcontractors
certifying compliance and shall furnish the statements to the other party upon request. These
warranties shall remain in effect through the term of this MOU. Each party and its subcontractors
shall also maintain Employment Eligibility Verification forms (I-9) as required by the Immigration
Reform and Controf Act of 1986, as amended from time to time, for all employees performing work
under this Agreement and verify employee compilance using the E-verify system and shall keep a
record of the verification for the duration of the employee’s employment or at least three years,
whichever is longer. I-9 forms are available for download at USCIS.GOV. Each party retains the legal
right to inspect contractor and subcontractor employee documents performing work under this
Agreement to verify compliance with this Agreement. Each party and Its subcontractors shall be given
reasonable notice of the other party’s intent to inspect and shall make the documents available at the
time and date specified. Should either party find that the other party or any of its subcontractors are
not in compliance; such non-compliance may be considered a material breach of this Agreement and

may pursue all remedies allowed by law. Nothing set out herein shall make any subcontractor an
agent or employee of elther party.

3. NON-DISCRIMINATION
Each party shall comply with all applicable laws, ordinances, Executive Orders, rules, regulations,
standards, and codes of the Federal, State, and Local government's whether specifically referenced
herein. The Parties agree that there will be no discriminationas to race, sex, religion, color, age, creed,

2

4.

or national origin regarding obligations, work, and services performed under the terms of any contract
ensuing from this engagement. The Parties will comply with the Executive Order No. 11246, entitled
“Equal Emplayment Opportunity”, and as amended by Executive Order No. 11375, as supplemented
by the Department of Labor Regulations (41 CFR, Part 60).

GENERAL TERMS AND CONDITIONS

a,

Arbitration. The parties 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.R.S. § 12-1518.

The laws of the State of Arizona shall govern the construction and interpretation of this
Agreement. The Parties agree that the venue far any claim arising out of any or in any way
related ta this Agreement shall be Maricopa County, Arizona.

Conflict of interest. This agreement Is subject to cancellation pursuant to A.R.S, § 38-521.

This Agreement may be executed in twa or more counterparts, each of which shall be deemed
an original but all of which together shall constitute the same instrument. Faxed, copled,
electronic and scanned signatures are acceptable as original signatures.

5. TERM AND TERMINATION

b.

The Initial Term of this agreement Is one year from the last date of signature on the last page
of this MOU.

Elther party to this MOU can withdraw from the MOU for any reason by giving a 30-day
official notice in writing to the Maricopa County Sheriff's Office Chief of Administration and

to the Arizona Department Public Safety, Deputy Director with copy to the respective
contacts:

mcso DPS
Mike Trowbridge #1703 Eddle Rogers #6369
Lieutenant Captain

t meso. tiarleopa.gov erogers@azdps.gov
§02-876-3502 602-223-2046
Cell: 602-329-3055 . 602-708-4357

[This Space Left Blank {ntentionally.]

SWAT Barn Storage and Facility Access

C-50-22-157-X-00

This MOU will be effective on the date last authorized signature betow:

ARIZONA DEPARTMENT OF MARICOPA COUNTY

PUBLIC SAFETY SHERIFF'S OFFICE

By: Morb Aire By: ‘ i
Heston Silbert, Colonel

Date; ¥/2 PX/ IAD 2 |

Paul Penzone, Sheriff ©/

Date: 5] | 3/ Wit
fo]

MARICOPA COUNTY BOARD OF SUPERVISORS

“BL (s_may 31 2022

Bill Gates, Chairman Date
Attest:

Nanctely ory MAY 3 1 2909
J Garza ¥ Date “ez
Clerk of the Board
Approved as to Form:

Lavina Brosiler May 10, 2022

Davina Bressler (May 10, 2022 08:44 PDT)

Deputy County Attorney Date