22-MU-11031200-207 WITH SIGN PAGE.PDF

USDA, Forest Service 
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 FS Agreement No. 
22-MU-11031200-207 
Cooperator Agreement No. 
       
 
MEMORANDUM OF UNDERSTANDING 
Between The 
MARICOPA COUNTY SHERIFF'S OFFICE 
And The 
USDA, FOREST SERVICE 
TONTO NATIONAL FOREST 
 
This MEMORANDUM OF UNDERSTANDING (MOU) is hereby made and entered 
into by and between the Maricopa County Sheriff's Office, hereinafter referred to as 
“MCSO,” and the United States Department of Agriculture (USDA), Forest Service, 
Tonto National Forest, hereinafter referred to as the “U.S. Forest Service.” 
 
Background:  The purpose of this Memorandum of Understanding (MOU) is to establish 
a general framework for cooperation between the U.S. Forest Service and MCSO. The 
Forest Service and MCSO propose to work together to further the mutual law 
enforcement interest of the aforementioned agencies. Both the U.S. Forest Service and 
MCSO have determined that where a specific need for law enforcement assistance and 
investigative support has been identified or where initial law enforcement action for a 
violation in progress exists, it shall be beneficial, economical, advantageous, and in the 
best interests of the public to deputize U.S. Forest Service Law Enforcement Officers for 
the purpose of enforcing the laws under the jurisdiction of MCSO.  
 
Title:  U.S. Forest Service Law Enforcement Officer's Deputization by the Maricopa 
County Sheriffs Office. 
 
I. 
PURPOSE: The purpose of this MOU is to document the cooperation between the 
parties to establish a continuous general framework for law enforcement procedures 
and relationships in accordance with the following provisions. 
 
II. STATEMENT OF MUTUAL BENEFIT AND INTERESTS:
 
U.S. Forest Service Law Enforcement Officers shall have law enforcement authority 
to conduct initial law enforcement actions within MCSO jurisdiction. In consideration 
of the above premises, the parties agree as follows: that deputation of U.S. Forest 
Service Law Enforcement Officers will increase protection of the public and property 
and is beneficial, economical and advantageous to the public interest. Execution of 
this MOU shall be the agreement which confers the specific deputation of state or 
county authority unless provided for by a different method, pursuant to Title16 
United States Code, Sections 551a, 553, 559d(5), 559g(c) and Arizona Revised 
Statues 11-441 and 13-3875. This authority includes initiating law enforcement action 
including the issuance of state citations or written warnings, making arrests, or any

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other constitutionally approved actions within the authority of MCSO that may be 
taken by a deputized U.S. Forest Service Law Enforcement Officer for violations in 
progress until relieved by MCSO. In consideration of the above premises, the parties 
agree as follows: 
 
In consideration of the above premises, the parties agree as follows: 
 
III. MCSO SHALL: 
 
A. Confer full law enforcement authority upon the U.S. Forest Service Law 
Enforcement Officers to perform unplanned initial law enforcement actions only 
within the boundaries of Maricopa County. 
 
B. Make available any required training to the U.S. Forest Service Law Enforcement 
Officers. 
 
C. Enter into specific agreements with the U.S. Forest Service to accomplish 
mutually agreed upon planned work projects supplemental to this MOU. 
 
 
IV. THE U.S. FOREST SERVICE SHALL:
 
A. Submit an annual list annual of federal officers who will be deputized that year. 
 
B. Request for deputy commission in writing to the Sheriff; include information 
regarding the officer’s full name, physical description, social security number, 
address, and date of birth. The information will be encrypted prior to sending or 
receiving in following Personal Identifiable Information (PII) guidelines due to 
sensitive information.    
 
C. Submit evidence that the officer/agent has been certified as a federal officer and is 
authorized by federal law to enforce federal laws, carry firearms, make arrests, 
and serve warrants. 
 
D. Annually renew the commission for any federal officer. 
 
E. Report all law enforcement actions taken pursuant to this MOU in a timely 
manner, follow the correct procedures, and submit the required documentation on 
the correct form(s) to MCSO. 
 
F. Enter into specific agreements with YCSO to accomplish mutually agreed upon 
planned work projects supplemental to this MOU. 
      
 
V. 
IT IS MUTUALLY UNDERSTOOD AND AGREED BY AND BETWEEN 
THE PARTIES THAT:

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A. PRINCIPAL CONTACTS. Individuals listed below are authorized to act in their 
respective areas for matters related to this agreement. 
 
Principal Cooperator Contacts:   
 
Cooperator Program Contact 
Cooperator Administrative Contact 
Capt. David Lee 
Maricopa County Sheriff’s Office 
Lake Patrol Division 
7307 N. Bush Highway 
Mesa, AZ 85205 
Telephone: 602-876-1636 
FAX: 480-981-7908 
Email: D_Lee@msco.Maricopa.gov 
Cindy Kenney, Grant Administrator 
Maricopa County Sheriff’s Office 
550 W. Jackson Street, 4th Floor 
Phoenix, AZ 85003 
Telephone: 602-876-3266 
FAX: 602-876-0072 
Email: C_Kenney@mcso.maricopa.gov 
 
Principal U.S. Forest Service Contacts: 
 
 
B. NOTICES.  Any communications affecting the operations covered by this 
agreement given by the U.S. Forest Service or MCSO is sufficient only if in 
writing and delivered in person, mailed, or transmitted electronically by e-mail or 
fax, as follows:  
 
To the U.S. Forest Service Program Manager, at the address specified in the 
MOU.  
 
To MCSO, at MCSO’s address shown in the MOU or such other address 
designated within the MOU.  
 
Notices are effective when delivered in accordance with this provision, or on the 
effective date of the notice, whichever is later.  
 
U.S. Forest Service Program Manager 
Contact 
U.S. Forest Service Administrative 
Contact 
Thomas Hughes, Patrol Captain 
Central Arizona Zone LE&I 
2324 E. McDowell Road 
Phoenix, AZ 85006 
Telephone: 602-225-5241 
FAX: 602-225-5286 
Email: thomas.hughes@usda.gov 
Rocco Minetti, Program Assistant  
Central Arizona Zone LE&I  
2324 E. McDowell Road  
Phoenix, AZ 85006  
Telephone: 602-225-5297  
FAX: 602-225-5286  
Email: rocco.minetti@usda.gov

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C. PARTICIPATION IN SIMILAR ACTIVITIES.  This MOU in no way restricts 
the U.S. Forest Service or MCSO from participating in similar activities with 
other public or private agencies, organizations, and individuals. 
 
D. ENDORSEMENT.  Any of MCSO’s contributions made under this MOU do not 
by direct reference or implication convey U.S. Forest Service endorsement of 
MCSO's products or activities. 
 
E. NONBINDING AGREEMENT.  This MOU creates no right, benefit, or trust 
responsibility, substantive or procedural, enforceable by law or equity.  The 
parties shall manage their respective resources and activities in a separate, 
coordinated and mutually beneficial manner to meet the purpose(s) of this MOU.  
Nothing in this MOU authorizes any of the parties to obligate or transfer anything 
of value.   
 
Specific, prospective projects or activities that involve the transfer of funds, 
services, property, and/or anything of value to a party requires the execution of 
separate agreements and are contingent upon numerous factors, including, as 
applicable, but not limited to:  agency availability of appropriated funds and other 
resources; cooperator availability of funds and other resources; agency and 
cooperator administrative and legal requirements (including agency authorization 
by statute); etc.  This MOU neither provides, nor meets these criteria.  If the 
parties elect to enter into an obligation agreement that involves the transfer of 
funds, services, property, and/or anything of value to a party, then the applicable 
criteria must be met. Additionally, under a prospective agreement, each party 
operates under its own laws, regulations, and/or policies, and any Forest Service 
obligation is subject to the availability of appropriated funds and other resources.  
The negotiation, execution, and administration of these prospective agreements 
must comply with all applicable law. 
 
Nothing in this MOU is intended to alter, limit, or expand the agencies’ statutory 
and regulatory authority. 
 
F. USE OF U.S. FOREST SERVICE INSIGNIA.  In order for MCSO to use the 
U.S. Forest Service insignia on any published media, such as a Web page, printed 
publication, or audiovisual production, permission must be granted from the U.S. 
Forest Service’s Office of Communications.  A written request must be submitted 
and approval granted in writing by the Office of Communications (Washington 
Office) prior to use of the insignia. 
 
G. MEMBERS OF U.S. CONGRESS. Pursuant to 41 U.S.C. 22, no U.S. member of, 
or U.S. delegate to, Congress shall be admitted to any share or part of this 
agreement, or benefits that may arise therefrom, either directly or indirectly. 
 
H. FREEDOM OF INFORMATION ACT (FOIA).  Public access to MOU or 
agreement records must not be limited, except when such records must be kept

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confidential and would have been exempted from disclosure pursuant to Freedom of 
Information regulations (5 U.S.C. 552).  
 
I. TEXT MESSAGING WHILE DRIVING.  In accordance with Executive Order 
(EO) 13513, “Federal Leadership on Reducing Text Messaging While Driving,” 
any and all text messaging by Federal employees is banned: a) while driving a 
Government owned vehicle (GOV) or driving a privately owned vehicle (POV) 
while on official Government business; or b) using any electronic equipment 
supplied by the Government when driving any vehicle at any time. All cooperators, 
their employees, volunteers, and contractors are encouraged to adopt and enforce 
policies that ban text messaging when driving company owned, leased or rented 
vehicles, POVs or GOVs when driving while on official Government business or 
when performing any work for or on behalf of the Government. 
 
 
J. TERMINATION.  Any of the parties, in writing, may terminate this MOU in 
whole, or in part, at any time before the date of expiration.  
 
K. DEBARMENT AND SUSPENSION.  MCSO shall immediately inform the U.S. 
Forest Service if they or any of their principals are presently excluded, debarred, or 
suspended from entering into covered transactions with the federal government 
according to the terms of 2 CFR Part 180.  Additionally, should MCSO or any of 
their principals receive a transmittal letter or other official Federal notice of 
debarment or suspension, then they shall notify the U.S. Forest Service without 
undue delay.  This applies whether the exclusion, debarment, or suspension is 
voluntary or involuntary. 
 
L. MODIFICATIONS.  Modifications within the scope of this MOU must be made by 
mutual consent of the parties, by the issuance of a written modification signed and 
dated by all properly authorized, signatory officials, prior to any changes being 
performed.  Requests for modification should be made, in writing, at least 30 days 
prior to implementation of the requested change.   
 
M. COMMENCEMENT/EXPIRATION DATE.  This MOU is executed as of the date 
of the last signature and is effective through five years from the date of the last 
signature at which time it will expire. 
 
N. AUTHORIZED REPRESENTATIVES.  By signature below, each party certifies 
that the individuals listed in this document as representatives of the individual 
parties are authorized to act in their respective areas for matters related to this 
MOU.   
 
In witness whereof, the parties hereto have executed this MOU as of the last date 
written below.

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_________________________________________________________________ 
PAUL PENZONE, Sheriff 
 
 
 
 
 
Date 
Maricopa County 
_________________________________________________________________ 
BILL GATES, Chair                     
 
 
 
 
 
Date 
Maricopa County Board of Supervisors 
_________________________________________________________________ 
JAMES ALFORD, Special Agent in Charge  
 
 
Date 
US Forest Service, Southwestern Region LEI 
_________________________________________________________________ 
NEIL BOSWORTH, Forest Supervisor 
 
 
 
Date 
Tonto National Forest 
The authority and format of this agreement have been reviewed and approved for 
signature. 
MONICA L. MARTINEZ 
U.S. Forest Service Grants Management Specialist 
Date 
Burden Statement 
According to the Paperwork Reduction Act of 1995, an agency may not conduct or sponsor, and a person is not required to respond to a collection of 
information unless it displays a valid OMB control number.  The valid OMB control number for this information collection is 0596-0217.  The time 
required to complete this information collection is estimated to average 3 hours per response, including the time for reviewing instructions, searching 
existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information.   
The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, 
disability, and where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, 
reprisal, or because all or part of an individual’s income is derived from any public assistance.  (Not all prohibited bases apply to all programs.)  Persons 
with disabilities who require alternative means for communication of program information (Braille, large print, audiotape, etc.) should contact USDA’s 
TARGET Center at 202-720-2600 (voice and TDD). 
To file a complaint of discrimination, write USDA, Director, Office of Civil Rights, 1400 Independence Avenue, SW, Washington, DC 20250-9410 or 
call toll free (866) 632-9992 (voice).  TDD users can contact USDA through local relay or the Federal relay at (800) 877-8339 (TDD) or (866) 377-8642 
(relay voice).  USDA is an equal opportunity provider and employer. 
See next page

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Maricopa County Board of Supervisors:
_________________________________________________________________________________ 
Bill Gates,  
         
 
 
 
 
 
 
 
Date 
Chairman of the Board
ATTEST:
_________________________________________________________________________________ 
Juanita Garza, 
 
     
 
 
 
 
 
Date  
Clerk of the Board 
APPROVED AS TO FORM:
_________________________________________________________________________________ 
Deputy County Attorney 
         
 
 
 
 
 
Date