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USDA, Forest Service
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FS-1500-15
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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.
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22-MU-11031200-207
USDA, Forest Service
7a
Maricopa County
ATTEST:
Juanita Garza
Date
Clerk of the Board of Supervisors
APPROVED AS TO FORM
This ____ day of ____________________, 2022
By: ___________________________________
Deputy Maricopa County Attorney