MC STC MOU MCSO 1-11-22 FULLY EXECUTED.PDF

MEMORANDUM OF UNDERSTANDING FOR
THE MARICOPA COUNTY SECURING THE CITIES PROGRAM
BETWEEN THE MARICOPA COUNTY DEPARTMENT OF EMERGENCY
MANAGEMENT, ARIZONA
AND THE MARICOPA COUNTY SHERIFF’S OFFICE, ARIZONA
C-50-22-044 -X-00
This Memorandum of Understanding (“MOU”) is made and entered into by and among
The Maricopa County Securing the Cities Program, through the Maricopa County
Department of Emergency Services (“MCDEM’), and the Maricopa County Sheriff's
Office (“MCSO”) herein after known as a “Principal Partner” (as such party is set forth
and as such term is defined in Section II of this MOU) in connection with the Securing
the Cities Program for Maricopa County. This MOU shall be made binding by and
among MCSO and the other Principal Partners by a duly executed agreement by the
MCSO and the other Principal Partners so desiring to be bound. In consideration of the
mutual covenants set forth herein and the mutual benefits to be derived therefrom,
MCSO and each of the Principal Partners agree as follows:

|. Background

This MOU memorializes the formal commitment and active participation of MCSO in
the Maricopa County Securing the Cities (“STC”) Program. The STC Program is a
regional effort geared towards enhancing radiological and nuclear detection and
interdiction (Preventative Radiological and Nuclear Detection or “PRND”) capabilities in
Maricopa County. The Maricopa County STC Program is funded by the STC Program
Grant (“Grant”) from the United States Department of Homeland Security Countering
Weapons of Mass Destruction Office (“Grantor”). The Grant is awarded to MCDEM to
assist MCSO and the other Principal Partners in acquiring equipment, training, and
support to enhance PRND capabilities in Maricopa County. By entering into this MOU,
MCSO and each Principal Partner hereby agrees to commit personnel, equipment, and
other support for the development and sustainment of STC Program and the
accomplishment of its goals, as more fully set forth in this MOU.

Il. Conflict Waiver
MCSO and MCDEM acknowledge that the Civil Services Division of the Maricopa
County Attorney’s Office (Civil Division) may be chosen as the attorney for the other
Parties to this Agreement, and the signing Parties acknowledge that they are aware of a
potential conflict of interest, and waive any claim of conflict of interest, which may arise
by virtue of Civil Division’s representation of another Party to this Agreement.
Ill. Goals and Responsibilities

A. MCSO

1. MCSO shall be one of several Principal Partners of the STC Program.

2. MCSO shall designate an authorized representative and one alternate to
attend all STC Program meetings and shall make good faith efforts to minimize any
absence of its representative at such meetings. STC Program meetings shall occur
approximately monthly. Such MCSO authorized representatives shall be employees of
MCSO.

3. MCSO shall have the benefit of participating in STC Program exercises and
training as well as using equipment acquired through Grant funds so long as such use
and participation is in compliance with all Grant regulations, policies, and procedures as
may be set forth by DHS/CWMD, MCDEM, and the Executive Committee.

4. MCSO shall actively engage in and support activities that further the goals
and objectives of the STC Program. These goals and objectives include, but are not
limited to:

a. Identifying current needs for establishing a preventative radiological and
nuclear detection program within Maricopa County.

b. Developing, drafting, and adopting protocols, procedures, plans, and
concept of operations for coordinated steady state and enhanced steady state
operations and responses to a radiological and nuclear incident within Maricopa County.

c. Collecting, sharing, and analyzing intelligence, information, and resources
to predict, prevent, respond to, adjudicate, report, and archive the illicit use, storage, or
movement of radiological materials within Maricopa County.

d. Completing any required training and exercises necessary to participating
in the STC Program in accordance with the Grant.

e. Developing and implementing a baseline PRND program for reporting
operational capabilities within Maricopa County.

f. Complying with any mutual aid agreements as may be agreed to by MCSO
and working with established partnerships between Federal, State, local, and tribal
agencies to support coordinated PRND operations and mutual aid.

g. Deploying program-assigned equipment as necessary to enhance PRND
capabilities.

h. Expanding data collection and sharing capabilities within Maricopa County
and between Federal, State, local, and tribal agencies.

i. Participating in at least one subcommittee of the STC Program.

j. Creating and participating in a long-term sustainability plan to continue the
STC Program in support of the Global Nuclear Detection Architecture (“GNDA”). The
GNDA is a framework for detecting (through technical and non-technical means),
analyzing, and reporting on nuclear and other radioactive materials that are out of
regulatory control. The GNDA presents the adversary with many obstacles, increasing
the cost, difficulty, and risk of attack. The presence of an effective detection
architecture also serves to convince the adversary that any attempt to acquire,
transport, or utilize nuclear or other radioactive materials in malicious acts will fail. DHS
works with state, local, private, and tribal stakeholders to build basic detection
architectures and enhanced awareness of the threat.

5. MCSO, as a Principal Partner of the STC Program, is empowered to make
decisions regarding the adoption of any plans, policies, or procedures concerning the
STC Program to the Executive Committee but shall not have the power to adopt such
plans, policies or procedures which are contrary to the terms of the Grant or make
unwise use of funding or time as determined by MCDEM or DHS.

B. Executive Committee

The STC Program Executive Committee shall be comprised of Principal
Partners, including MCSO. MCSO shall designate an authorized representative to
attend all Executive Committee meetings and shall make good faith efforts to minimize
any absence of its representative at such meetings. Executive Committee meetings
shall occur monthly or on an as needed basis. Such authorized representatives shall be
an employee of MCSO who has authority to make decisions on behalf of MCSO. In
addition to its duties as a Principal Partner and as a member of the STC Program,
members of the Executive Committee shall be the sole voting members (other than
MCDENM as the lead agency) of the STC Program. Each Executive Committee member
shall have the following responsibilities, without limitation:

1. Comply with all terms and provisions of the STC Program Executive
Committee and Subcommittee Charters as may be adopted (“Charter’).

2. Review all recommendations submitted by STC Program members and
Subcommittees and reach consensus or vote to approve.

3. Ensure that all members of the Subcommittees (as set forth in the Charter)
execute its respective responsibilities for each Subcommittee as set forth in the Charter.

4. Commit facilities for the purpose of PRND trainings and exercises.

5. Commit facilities as may be necessary and appropriate to maintain equipment
and store source materials.

6. Obtain appropriate licenses and certifications for its facilities and personnel as
may be required for STC Program activities.

7. Comply with Maricopa County annual asset monitoring site visit for all items
over $5,000.

C. Fiscal Agent

1. As the primary applicant and recipient of the Grant, MCDEM shall be the fiscal
agent and the lead agency with regards to the use of Grant funds in the STC Program.
All fiscal matters regarding the Grant funds and its use in the STC Program shall be
managed and overseen by MCDEM. Further, the procurement of any equipment and
services, including trainings and exercises, acquired with Grant funds shall be managed
and overseen by MCDEM. MCSO hereby acknowledges and agrees that a certain
amount of the total Grant amount allocated per year by the Grantor for the STC
Program shall be retained by MCDEM as reimbursement for expenses incurred (i.e.
personnel and related expenses) in connection with its role as applicant/recipient/fiscal
agent of the Grant and the management and administration of the Grant in relation
thereto.

2. MCSO hereby agrees to cooperate in good faith with MCDEM in the
execution of the duties as fiscal agent and lead agency in connection with the Grant
funds. MCDEM’s duties include, without limitation, the following:

a. Manage the daily administration of the STC Program and the Grant and
assign its personnel as may be necessary for such administration.

b. Submit applications to the Grantor for annual Grant allocations to the STC
Program and submit any necessary reports required under the Grant.

c. Serve as the primary point of contact for the STC Program with the
Grantor and obtain all necessary Grantor approvals regarding eligible costs for STC
Program activities.

d. Oversee compliance with all Grant laws and regulations with respect to the
use of Grant funds in the STC Program and communicate with MCSO and the other
Principal Partners regarding their respective compliance with such laws and regulations.

e. Manage all procurement activities related to the Grant funds used in the
STC Program and coordinate with MCSO and the other Principal Partners with the
distribution of equipment, source materials, training, and exercise schedules.

f. Conduct periodic inspections and audits of all materials, equipment, and
other assets acquired with Grant funds.

g. Provide technical guidance to MCSO and the other Principal Partners
regarding Grant rules and regulations as it pertains to the STC program.

h. Manage the fiscal operations involving DHS Grant funds in accordance
with Maricopa County Grant guidelines.

IV. Use of Grant Funds
A. Generally

1. The Grantor intends to support PRND operations and activities in Maricopa
County through a four-phased STC Program by allocating Grant funds on an annual
basis to the MCDEM for use in the STC Program. Each annual allocation shall be
awarded based on applications for such awards. MCSO and each Principal Partner
shall assist in the development of project objectives and goals which shall be included in
the applications that form the basis of the Grant allocations, and MCSO and each
Principal Partner shall actively participate in achieving such stated objectives and goals.

2. Any and all equipment and services (including trainings and exercises)
acquired with Grant funds for the STC Program shall be used by MCSO and each
Principal Partner exclusively and solely for the benefit of the STC Program and in
accordance with the objectives and goals as stated in the Grant applications as
approved by the Grantor. Further, MCSO and each Principal Partner’s use of such
equipment and services shall comply with the terms and conditions of the Grant, the
Grantor’s Grants Management Common Rule as codified in Title 44 Code of Federal
Regulations (CFR) Part 13, policies and procedures as set forth by MCDEM as fiscal
agent of the Grant, and all other applicable Grant rules and regulations as may be
promulgated by the Grantor.

B. Equipment and Materials

The procurement of all equipment and materials acquired through the federal
procurement process or with Grant funds (“Equipment”) shall be the sole responsibility
of MCDEM. In accordance with Grant regulations, title to such Equipment shall vest in
MCDENM as the Recipient of Grant funds.

1. Authorize to Use

MCDEM shall maintain all Equipment in its sole possession until such
Equipment is distributed to MCSO and each Principal Partner upon approval of such
distribution by the Executive Committee and MCDEM. Upon such approval, the
Equipment shall be distributed to MCSO. MCSO shall be on the following terms,
without limitation:

a. MCSO shall maintain and inventory the Equipment in accordance with the
provisions set forth in 44 CFR §13.32.

b. The Equipment shall be used strictly in connection with the STC program
and as directed by MCDEM.

c. The Equipment shall be safeguarded and inventoried in accordance with
procedures prescribed and approved by MCDEM, the Executive Committee, and the
Grantor, and shall not be replaced or removed without prior written consent of MCDEM.

d. MCSO and each Principal Partner shall be solely responsible for
maintaining, inspecting, and inventorying the Equipment in their custody. Any and all
maintenance, repairs, removal, replacement, calibration, inventorying, or any other
maintenance and safekeeping activities involving the Equipment shall be coordinated
through MCDEM, shall require the prior written consent of MCDEM, and shall be
undertaken only by personnel authorized and deemed qualified by MCDEM.
Maintenance costs for equipment not purchased through the STC program shall not be
deemed eligible for reimbursement.

e. Access to Equipment (including access for maintenance and inspections)
shall be strictly limited to personnel, time, place, and manner as authorized by MCDEM.
Only personnel trained for the purpose of the STC program will be issued STC-funded
equipment and will use issued equipment for STC program mission within Maricopa
County.

f. MCDEM and/or the Grantor shall have the right to access and inspect the
Equipment at any time as may be deemed necessary, including conducting regularly
scheduled monitoring visits.

g. This agreement may be terminated at any time at the sole discretion of
MCDEM. The agreement shall terminate upon MCSO’s breach of the any of the terms
or upon MCSO’s withdrawal from the STC program. Upon termination, the Equipment
shall be immediately returned in good working order to MCDEM. If the termination is a
result of MCSO’s withdrawal from the STC program, the Equipment shall be returned in
good working order to MCDEM no later than 60 days prior to the withdrawal date.

h. MCSO shall execute any additional documents regarding the use and
safekeeping of the Equipment as may be deemed necessary by MCDEM prior to taking
possession of the Equipment.

2. Requests for Equipment

Requests to acquire specific Equipment for MCSO shall be made to the
appropriate Subcommittee accompanied with an explanation and justification for the
Equipment. All recommendations of the Subcommittee shall be forwarded to the
Executive Committee for approval. MCSO shall have the right to appeal a
recommendation of the Subcommittee to the Executive Committee. All decisions of the
Executive Committee shall be deemed final.

C. Trainings, Drills, and Exercises

1. MCSO shall ensure that its designated authorized representatives shall
complete all required trainings, drills, and exercises as approved by the Grantor for the
STC Program. MCSO hereby acknowledges that completion of such trainings, drills,
and exercises is required for continued participation in the STC Program. Coordination
of such trainings, drills, and exercises between the Grantor and the STC Program shall
be the responsibility of MCDEM, and coordination for attendance of MCSO’s
representatives to such trainings, drills, and exercises shall be MCSO’s responsibility.
MCSO’s requests for trainings, drills, and exercises that are in addition to pre-approved
Grantor trainings, drills, and exercises shall be subject to prior review and approval by
the Executive Committee, MCDEM, and the Grantor.

2. Grant reimbursement of MCSO’s costs associated with STC program
trainings, drills, and exercises shall be limited strictly to backfill and overtime costs
directly resulting from MCSO’s representatives’ attendance at such trainings, drills, and
exercises and based on MCSO’s current overtime rate based on the classification of its
attending representatives (“Overtime Reimbursement’). Overtime Reimbursement shall
be conditioned on MCSO’s timely submission of documentation to MCDEM as set forth
below. MCSO shall prepare, maintain, and provide to MCDEM reimbursement request
cover letter, payroll reports, timesheets, and any other supporting documentation as
necessary to fully and accurately evidence time expended by MCSO’s representatives
and backfill/overtime costs incurred for which Overtime Reimbursement is requested.
All such supporting documentation shall satisfy applicable Federal, State, and MCDEM
audit and review standards and requirements. Such documentation shall be prepared at
the sole expense and responsibility of MCSO. MCDEM may request, in writing,
changes to the content and format of such documentation at any time, and MCDEM
reserves the right to request additional supporting documentation to substantiate costs
incurred at any time. All such documentation must be submitted to MCDEM within thirty
(30) days after attendance/participation at such approved training, drills, or exercise.
Send scanned documentation to EMGSTC@maricopa.gov for processing and
reimbursement.

D. Recordkeeping, Inspections, and Reports

1. Records, in their original form, shall be maintained in accordance with
requirements prescribed by MCDEM and the Grantor with respect to all matters related
to the Grant and the STC Program. Such records shall be retained for a period of six
(6) years after Final Close Out of the Grant. The County will notify Subrecipients of the
final Close Out date. "Pending matters" include, but are not limited to, an audit,
litigation, or other actions involving records.

2. At any time during normal business hours and as often as the Grantor and
MCDEM may deem necessary, MCSO shall make available for examination all of its
records with respect to all matters regarding the STC Program. MCSO hereby gives the
Grantor and MCDEM, through any authorized representative, access to, and the right to
examine, audit, and make excerpts or transcripts of, all paper or electronic records,
books, or documents related to the Grant funds and the STC Program. The access and

inspections rights set forth herein shall include access to applicable facilities, personnel,
and other individuals and information as may be necessary and as required by the
Grantor, MCDEM, and applicable Grant and STC Program rules, regulations and
policies.

3. MCSO agrees to submit timely (not to exceed 30 days), complete, and
accurate reports to MCDEM as may be required under the Grant and the STC Program.
MCSO shall comply with all other special reporting, data collection, and evaluation
requirements as prescribed by law or detailed in applicable Grant regulations and
guidance. Further, MCSO shall cooperate with any compliance review or complaint
investigation conducted by the Grantor and MCDEM in connection with the STC
Program.

V. Miscellaneous
A. Term, Modification, and Withdrawal

1. The term of this MOU shall commence upon execution of this MOU by MCSO
and MCDEM and shall remain in effect for the duration of the performance period of the
Grant, as may be extended or renewed by the Grantor. This MOU may be modified at
any time by written consent of MCSO and MCDEM. Modifications to this MOU shall
have no effect unless such modifications are in writing and signed by an authorized
MCSO or MCDEM representative bound by this MOU.

2. MCSO may withdraw from the STC Program and this MOU at any time by
written notification to MCDEM. Any such withdrawal shall be effective 30 days after
delivery of written notification of such withdrawal and all STC equipment will be returned
to MCDEM within 30 days after written notification.

B. Confidentiality

1. MCSO and the Principal Partners will exchange various kinds of information
pursuant to their respective participation in STC Program. Such information may
include, without limitation, data, strategies, operational procedures, and various
identifying information. All data and information related to the STC program is
considered confidential. Confidential information requires special precautions to protect
it from unauthorized use, access, disclosure, modification, and destruction. MCSO
agrees that:

a. It shall keep all information that is exchanged between the other Principal
Partners in the strictest confidence and make such information available to their own
employees only on a "need-to-know" basis.

b. It shall provide written instructions to all of its employees with access to
information provided under the STC Program of the confidential nature of the
information and of the penalties for unauthorized use or disclosure.

c. It shall (where appropriate) store and process information in an electronic
format, in such a way that unauthorized persons cannot reasonably retrieve the
information by computer, remote terminal, or other means.

d. It shall promptly return to MCDEM confidential information when its use
ends or destroy the confidential information utilizing an approved method of destroying
confidential information by shredding, burning, or certified witnessed destruction.
Magnetic media are to be degaussed or returned to MCDEM.

e. It shall not disclose said information to any third-party entity or individual
without the express prior written consent of MCDEM and the Grantor.

f. It shall designate an employee who shall be responsible for overall security
and confidentiality of its data and information systems and shall notify the other
Principal Partners of any changes in that designation.

2. Any breach of the confidentiality provisions set forth in this section shall result
in investigation and disciplinary action by the Executive Committee and MCDEM.

C. Press Releases, Publications, Logos

All press releases and publications or dissemination of any information regarding
the STC Program shall be coordinated solely through MCDEM. MCSO shall obtain
written approval from MCDEM prior to using any Grantor seal(s), logos, crests,
reproductions of flags, or likenesses of Grantor agency officials.

D. Liability and Indemnity

Both MCSO and MCDEM are County organizations and are both covered under
the Risk Trust. To the extent permitted by law, the Maricopa County Sheriffs Office, as
indemnitor, agrees to indemnify, defend, and hold harmless County, 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
bodily injury of any person (including death) or property damage, but only to the extent
that such claims are caused by the act, omission, negligence, misconduct, or other fault
of the Maricopa County Sheriff's Office and its officers, officials, agents, employees, or
volunteers related to the performance of this Agreement.

E. Rights Created
By entering into this MOU, the parties do not intend to create any obligations
express or implied other than those set out herein. Further, this MOU shall not create
any rights in any party other than MCSO and the Grantor.

[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]

C-50-22-O84-X-00

Recommended by:

Ou gu— | jal Lore
Maricopa County Periff /Daté

Approved and Accepted:

Maricopa County Board of Supervisors

By: BQ 6 _sep 16 202

Chairman Date

Attest:

By: Nua wctot at FEB 16 2022

Clerk ofthe Board — Date ot

The undersigned attorneys for the respective parties each hereby certify that they have
reviewed this Memorandum of Understanding and find that it is in proper form, and
within the power and authority granted to their respective clients under the laws of the
State of Arizona.

Lavina Bressler

Davina Bressler (Jan 21, 2022 12:34 MST)

MCSO Deputy County Attorney Date Deputy County Attorney Date

10