FINALIZED CONSTABLE MOU (003).PDF

Memorandum of Understanding
Regarding Talk Groups to
Enhance Public Safety
Between
Maricopa County Sheriff’s Office
And
Constables of Maricopa County
This Memorandum of Understanding (MOU) is made and entered into and executed by and
between the Maricopa County Sheriff’s Office (MCSO), through Maricopa County, and the
Constables of Maricopa County (Constables), through Maricopa County, (together the “Parties”),
on this ___ day of _____________, 20__.
The purpose of this MOU is to formalize the relationship between the Parties for working
together to enhance public safety communications.
Whereas, MCSO Communications Division provides 24 hour a day operations and staffing of a
700/800 Megahertz Trunked Radio System (TRS), provided and maintained by Maricopa County
Office of Enterprise Technology (MCOET) through its Wireless Systems, for the dispatch of law
enforcement response;
Whereas, Constables are charged with providing the execution of mandated civil and criminal
process to citizens of Maricopa County; and as such, desire to utilize TRS for Public Safety
Communications and interoperability purposes;
Now, therefore, in consideration of the mutual covenants, agreements, and benefits to all parties,
it is agreed as follows:
I. MCSO Obligations
MCSO agrees that during the term of this MOU, MCSO shall:
A. Approve of the loading of all talk groups and encryption keys located in and
associated with MCSO Sworn decks ‘A’, ‘B’, and ‘C’, which consist of primary
dispatch, extra, and tactical talk groups.
B. Provide radio dispatch service under emergency situations.

C. Provide National Crime Information Center (NCIC) and Arizona Criminal Justice
Information System (ACJIS) Inquiries to those Constable personnel certified to
receive such information.
D. Refer Constables to MCOET Wireless Systems for programming information and
System Identification Numbers, thereby providing inter-agency interoperability for
Public Safety Communications.
E. Observe and abide by all applicable statutes, laws, rules and regulations, including,
but not limited to, those enforced by the FCC, as well as those applicable
administrative rules of MCSO that are now in effect or that may become effective
during the term of this agreement. Further, Constables acknowledge that, should any
of these statutes, rules, regulations, or administrative rules change during the term of
this agreement and if this change necessitates a modification of the agreement, the
modification may be effectuated by the other party without incurring any liability for
such modification. Should any changes in the applicable statutes, rules, regulations,
or administrative rules necessitate modification of this agreement, MCSO shall notify
Constables of any such changes within 60 days of such date that MCSO becomes
aware of the change.
II. Constables Obligations
Constables agree that during the term of this agreement, Constables shall:
A. Assume responsibility of maintaining required certifications needed to receive
services listed under Paragraph I (B, C), above.
B. Receive no less than one (1) hour of training on basic radio usage and etiquette per
year.
C. Observe and abide by all applicable statutes, laws, rules and regulations, including
but not limited to those of the FCC, as well as those applicable administrative rules of
MCSO that now in effect, specifically GI-1; Radio and Enforcement Communications
published by MCSO, or that may become effective during the term of this MOU.
Further, Constables acknowledges that, should any of these statutes, rules,
regulations, or administrative rules change during the term of this MOU and if this
change necessitates a modification of the MOU, the modifications may be effectuated
by MCSO without incurring any liability for the modification. Should any changes in
the applicable statutes, rules, regulations, or administrative rules necessitate
modification of this MOU, MCSO shall notify Constables of any such change within
60 days of such date that MCSO becomes aware of the change.

III. Considerations
It is expressly understood and agreed that in consideration of the mutual benefits derived
from this MOU between MCSO and Constables, no additional fee(s) will be assessed
upon activation of the TRS by any of the Parties, other than those fees already charged by
MCOET in conducting its regular duties outside of this agreement. Any system fees
assessed by outside parties will be the responsibility of the party incurring the charges.
This Agreement does not imply authority to perform any tasks, or acceptance
responsibility, not expressly stated in this Agreement. This Agreement does not create a
duty or responsibility unless the intention to do so is clearly and unambiguously stated in
the Agreement.
IV. Term
The term of this MOU shall be two (2) years from the date this MOU is executed by the
Parties hereto. This MOU will automatically renew for an additional two (2) year term
unless terminated by any of the Parties providing written notice to the other Party of its
intent to terminate. Notice of termination by one party shall be given to other Party not
less than sixty (60) days prior to the expiration of the term of this MOU.
Notwithstanding the preceding provisions, this MOU shall terminate:
A. Immediately if all or substantially all of the authorizations held by MCSO or
Constables are revoked by the FCC, NCIC, ACJIS, or any successor agency; or
B. Upon any Party giving the other Party not less than sixty (60) days prior written
notice of its intent to terminate.
V. Default
The Parties agree that any controversy or claim arising out of or relating to this MOU, or
the breach thereof, shall first attempt to be settled by good faith negotiation by all Parties.
If the matter is left unresolved after such negotiation, the sole remedy shall be to
terminate this MOU. The laws of the State of Arizona shall govern the construction and
interpretation of this Agreement, and the venue shall be Maricopa County.

VI. Disclaimer
It is expressly understood and agreed that TRS coverage of any specific area is not
guaranteed by MCSO. Any surveys, studies, research or other measures taken to ensure
the adequacy of coverage provided on the TRS to Constables shall be the responsibility
of Maricopa County Wireless Systems and at the expense of Constables.
VII. Entire Agreement
This MOU contains the entire understanding and agreement between the Parties relating
the rights herein granted and the obligations herein assumed. Any modifications
concerning this MOU shall be of no force and effect unless in writing and executed by all
Parties hereto, except for those modifications effectuated pursuant to the provisions of
Paragraph II (C), above.
VIII. Conflict Waiver
Each of the Parties to this MOU acknowledges and agrees that (i) it is aware that the
Civil Services Division of the Maricopa County Attorney’s Office (Civil Division) has
provided advice regarding this MOU to both parties, (ii) Civil Division has acted as
counsel to it in the past, and thus the parties are aware of the potential conflict of interest
based on the Civil Division’s representation of each of the Parties to this MOU, and (iii)
the parties waive any claim of conflict of interest which may arise by virtue of Civil
Division’s advice regarding this MOU.
IX. Signatures
This Agreement may be executed in two or more counterparts, each of which shall be
deemed an original but all of which together shall constitute the same instrument. E-
signed, faxed, copied and scanned signatures are acceptable as original signatures.
THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK

MOU Regarding Talk Groups
In Witness Whereof, this MOU is hereby executed as follows:
For MCSO:
_____________________________________
Paul Penzone Date
Sheriff
For Constables:
_____________________________________
Michael Branham Date
Presiding Constable
Maricopa County Board of Supervisors
_____________________________________
Jack Sellers Date
Chairman
Attest: Approved as to form:
Digitally DN: cn=Davina signed Bressler, by Davina o=MCAO, Bressler ou=Civil
Davina Bressler Division,
_____________________________________ ______________________________ email=bressled@mcao.maricopa.gov, Date: 2021.04.14 07:58:48 -07'00' c=US
Juanita Garza Date Deputy County Attorney Date
Clerk of the Board