REVISED MOU PAINTED ROCK DAM.DOCX

Memorandum of Understanding
Law Enforcement and United States
Army Corps of Engineers –
Los Angeles District Headquarters
As Approved by the District Commander May 2016
MEMORANDUM OF UNDERSTANDING BETWEEN
Maricopa County Sheriff’s Office
Law Enforcement Authority
and
US Army Corps of Engineers – Los Angeles District
Headquarters - Office of Security & Law Enforcement
May 2016
This Memorandum of Understanding (MOU) is made and entered into by and among the
U.S. Department of the Army Corps of Engineers (hereinafter referred to as COE) and
Maricopa County administered by the Maricopa Sheriff’s Office (hereinafter referred to as
MCSO). This MOU is entered into pursuant to 14 U.S.C. 141 and 14 U.S.C. 822 and/or
33 U.S.C. 569c, which authorizes the COE to accept volunteer services. Collectively, the
parties to this MOU will be referred to as Cooperators.
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I. Purpose
A. The purpose of this MOU is to establish a general framework for cooperation and participation
among the two Parties in the exercise of their responsibilities to protect and enforce applicable
city, municipal, state, and federal health, safety, civil, and criminals laws. The Cooperators will
work together --- and with appropriate involvement of the public, city, municipal, and state
governments --- to achieve the common goal of protection of life and property within COE area
of operations that fall within the boundaries of Maricopa County, AZ.
B. The Cooperators will work together to achieve the common goals of (1) protection of life
within COE dams, levees, spillways, and basin areas within the Maricopa County that coincide
with COE property; (2) protection of property within COE dams, levees, spillways, and basin
areas within the Maricopa County that coincide with COE property; (3) assist with the removal
of debris and homeless encampments that fall within COE dams, levees, spillways, and basin
areas within the Maricopa County that coincide with COE property; and (4) support the COE
and its efforts to ensure the Endanger Species Act of 1973, as amended, (ESA) is carried out in
a manner that does not jeopardize human life, wildlife refuges, and COE emergency operations.
II. STATEMENT OF MUTUAL INTEREST AND MUTUAL BENEFITS
COE – Los Angeles District is the response agency for the management of Federal Corps of
Engineer property. The Los Angeles District is one of the largest in the United States, covering
some 226,000 square miles across southern California, southern Nevada, a slice of Utah and all
of Arizona. The District is partnered with Los Angeles County Flood Control District
(LACFCD), which has a total drainage area of protection that includes more than 1,717 square
miles of federally constructed flood controlled facilities.
A. Notification
1. In the event debris build up or encampments become known to MCSO, which poses
a risk of life, property, or criminal conduct, contact will be made with COE POC’s
(Asset Management Division Planner – Phil Serpa and/or Chief of Security and Law
Enforcement – CPT Reggie Seabrook) for identification of collaboration and the
collective planning process between the Cooperators. The time frame of execution
of an action plan will be a collective effect between the Cooperators.
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2. COE may establish local partnerships or volunteer agreements with non-law
enforcement efforts to promote safety and security within COE property, including
the dams, levees, spillways, and basin areas.
B. Removal
1. During any operation in which removal of debris or encampments become the
approved course of action, the Cooperators will work through the established
protocols of property notification, placement and identification of property, storage
of property In Accordance With (IAW) appropriate State and Federal Laws, and
cleanup of COE areas (with consideration given to ESA).
III. Law Enforcement Authority Response
A. Depending on the totality of the circumstances, initial response by the Law Enforcement
Authority may include:
1. For incidents in progress:
a. Meet with contact person and locate scene of incident.
b. Stabilize incident.
c. Provide/arrange for emergency medical treatment, if necessary.
d. Control the scene of the incident.
(1) Secure any physical evidence at the scene.
(2) Identify involved persons and witnesses.
e. Conduct investigation.
f. Effect arrest(s) if appropriate.
g. Exchange information.
h. Confer COE Chief of Security and Law Enforcement Office to
determine the extent of law enforcement involvement required by the
situation.
2. Incidents not in progress:
a. Meet with contact person.
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b. Recover any physical evidence.
c. Conduct investigation.
d. Exchange information.
e. Confer with COE Chief of Security and Law Enforcement Office to
determine the extent of law enforcement involvement required by the
situation.
3. The investigating law enforcement officer shall take all appropriate steps to protect
the legal and constitutional rights of those being taken into custody.
IV. General Provisions
A. This Memorandum does not create any contractual rights or obligations between the
Cooperators, or their respective officers, employees, agents or representatives.
B. This Memorandum may be amended, expanded or modified at any time upon the written
consent of the parties. It must be reviewed and re-executed within two years of the date of its
original execution and every two years thereafter.
C. If changes in state or federal law require changes to this Memorandum, the parties shall
amend this Memorandum.
D. Each party (as “indemnitor”) agrees to indemnify, defend, and hold harmless the other
Party (as “indemnitee”) 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 the negligent performance of this Agreement, but only to the
extent that such claims which result in vicarious/derivative liability to indemnitee are
caused by the act, omission, negligence, misconduct, or other fault of the indemnitor,
its officers, officials, agents, employees, or volunteers.
E. All parties to this Memorandum will communicate fully and openly with each other in order
to resolve any problems that may arise in the fulfillment of the terms of this Memorandum.
F. Either party may terminate this MOU, with or without cause, by providing written notice to
the other party at least ten (10) business days prior to the intended terminated date.
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IN WITNESS WHEREOF, the Parties hereto have signed this Agreement effective as of the date set forth
above.
03 May 2016
Chief of Security and Law Enforcement Date
Army Corps of Engineers
MARICOPA COUNTY
___________________________________ ___________________________________
Clint Hickman, Chairman Date
Maricopa County Board of Supervisors
ATTEST:
___________________________________
Fran McCarroll, Date
Clerk of the Board
APPROVED AS TO FORM:
___________________________________
Deputy County Attorney Date
Sheriff Date
Maricopa County Sheriff’s Office
1 April 2018 1 May 2018
________________________________________ ____________________________________
Date of review for next execution Date of next execution
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