MCDEM MEMORANDUM OF UNDERSTANDING FINALJAN_2018.PDF

Memorandum of Understanding
Regarding Talk Groups in
Emergency Situations to
Enhance Public Safety
Between
Maricopa County Sheriff’s Office
And
Maricopa County Office of Enterprise Technology
AND
Maricopa County Department of Emergency Management
This Memorandum of Understanding (MOU) is made and entered into and executed by and between the
Maricopa County Sheriff’s Office (MCSO), Maricopa County Office of Enterprise Technology (MCOET),
and the Maricopa County Department of Emergency Management (MCDEM) (together the “Parties”), on
this day of , 2018.
The purpose of this MOU is to formalize the relationship between the Parties for working together to
enhance public safety communications in County emergency situations through the activation and
inactivation of talk groups.
Whereas, MCOET, through its Wireless Systems, is licensed by the Federal Communications Commission
(FCC) to operate a 700/800 Megahertz Trunked Radio System (TRS) through which MCSO operates its
radio communications;
Whereas, MCSO Communications Division provides 24 hour a day operations and staffing of said radio
system for dispatch of law enforcement response, with capabilities to activate and deactivate radio talk
groups;
Whereas, MCDEM is charged with providing planning the effective use of available resources and the
coordination of appropriate emergency functions in response and recovery to situations beyond the
capability of a single agency, department, or political subdivision;
Whereas, MCDEM desires to utilize TRS for Public Safety Communications and interoperability purposes;
Whereas, MCSO desires to activate additional talk groups on the TRS and to effectuate the usage of the
system for purposes of Public Safety Communications interoperability requested by MCDEM;
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. Activate/Deactivate talk groups for MCDEM access to TRS for the sole purpose of
Public Safety Communications interoperability among radio units upon request
from MCDEM.
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B. Refer MCDEM to MCOET Wireless Systems for programming information and System
Identification Numbers, thereby providing inter-agency interoperability for Public Safety
Communications.
C. 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, MCDEM acknowledges 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 MCDEM of any such changes within 60 days of such
date that MCSO becomes aware of the change.
II. MCDEM Obligations
MCDEM agrees that during the term of this agreement, MCDEM
shall:
A. Assume responsibility for any required monitoring of talk groups. If MCDEM cannot
monitor system talk groups, MCDEM must make arrangements for another agency to
monitor them, or the talk group will go unmonitored.
B. Notify MCSO of the need for activation/deactivation of talk groups.
C. Observe and abide by all applicable statutes, laws, rules and regulations, including but
limited to those of the FCC, as well as those applicable administrative rules of MCSO that are
now in effect, specifically the Emergency Radio Broadcast Procedures published by MCSO, or
that may become effective during the term of this MOU. Further, MCDEM 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 is
modification. Should any change in the applicable statutes, rules, regulations, or
administrative rules necessitate modification of this MOU, MCSO shall notify MCDEM 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, MCOET and MCDEM, 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.
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 Parties of its intent to terminate.
Notice of termination by one party shall be given to all other parties not less than sixty (60) days
prior to the expiration of the term of this MOU.
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Notwithstanding the preceding provisions, this MOU shall terminate:
A. Immediately if all or substantially all of the authorizations held by MCSO or MCDEM are
revoked by the FCC or its successor agency; or
B. Upon any Party giving the other Parties 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 remaining remedy shall be to terminate
this MOU.
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 MCDEM shall be the responsibility of Maricopa County
Wireless Systems and at the expense of MCDEM.
VII. Entire Agreement
This MOU contains the entire understanding and agreement between the Parties relating to 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, (ii) Civil Division has acted as counsel to it in the past, and thus it is aware of
a potential conflict of interest based on the Civil Division’s representation of each of the Parties
to this MOU, and (iii) it waives any claim of conflict of interest which may arise by virtue of Civil
Division’s advice regarding to this MOU.
(Continued on next page)
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MOU Regarding Talk Groups in Emergency Situations to Enhance Public Safety
In Witness Whereof, this MOU is hereby executed as follows:
For MCSO: For MCDEM:
Paul Penzone Date Robert Rowley Date
Sheriff Emergency Management Director
For MCOET:
Ed Winfield Date
Chief Information Officer
Maricopa County Board of Supervisors
Steve Chucri Date
Chairman
Attest: Approved as to form:
Fran McCarroll Date Deputy County Attorney Date
Clerk of the Board
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