MCDEM-DEMA STC MOU 8-2-2022 (1).PDF
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1 MEMORANDUM OF UNDERSTANDING FOR THE MARICOPA COUNTY SECURING THE CITIES PROGRAM BETWEEN MARICOPA COUNTY, ARIZONA AND THE ARIZONA DEPARTMENT OF EMERGENCY AND MILITARY AFFAIRS This Memorandum of Understanding (“MOU”) is made and entered into by Maricopa County and the Arizona Department of Emergency and Military Affairs (DEMA), collectively “the parties,” who agree as follows in connection to Maricopa’s Securing the Cities (STC) Program: I. Background 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 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 was awarded to Maricopa County to assist participating cities in acquiring equipment, training, and support to enhance PRND capabilities. II. Goals and Responsibilities A. Participants 1. Maricopa County and DEMA shall respectively 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. These authorized representatives shall be employees of the respective parties. 2. The parties 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, Maricopa County Department of Emergency Management (MCDEM), and the Executive Committee. 3. The parties shall actively engage in and support activities that further the goals and objectives of the STC Program, subject to any funding and personnel limitations that may exist at any time. Nothing in this MOU obligates either party to expend any funds, reimburse any costs, provide any personnel, or take any other action that the parties were not previously obligated to expend, reimburse, provide or do. 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. 2 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. Any classified or otherwise protected intelligence or information possessed by DEMA or any of its components or personnel shall be subject to federal laws, regulations, and guidance and will not be shared with Maricopa County or its employees absent such intelligence or information being appropriately de-classified or such disclosure is authorized by a federal official empowered to do so. 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. Working with established partnerships between Federal, State, local, and tribal agencies to support coordinated PRND operations and mutual aid. g. Expanding data collection and sharing capabilities within Maricopa County and between Federal, State, local, and tribal agencies. h. Participating in at least one subcommittee. Desired subcommittees where DEMA’s expertise would be most helpful are Equipment, Operations, and Training & Exercise. i. 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. III. Miscellaneous A. Term, Modification, and Withdrawal 1. The term of this MOU shall commence upon execution of this MOU by the parties and shall remain in effect for the duration of the performance period of the Grant, 3 as may be extended or renewed by the Grantor. This MOU may be modified at any time by written consent of the parties. Modifications to this MOU shall have no effect unless such modifications are in writing and signed by an authorized representative of the parties bound by this MOU. 2. Either of the parties may withdraw from the STC Program and this MOU at any time by written notification. Any such withdrawal shall be effective 30 days after delivery of written notification of such withdrawal. B. Liability and Indemnity 1. No Liability. Maricopa County and its officers, officials, agents, and employees shall not be liable for any act or omission by DEMA and its officers, officials, agents, employees, or volunteers that occurs in connection with this Agreement, and County shall not be liable for any purchase or other agreement made by the Department of Emergency and Military Affairs in connection with this Agreement or in anticipation of reimbursement. Likewise, DEMA and its officers, officials, agents, and employees shall not be liable for any act or omission by Maricopa County and its officers, officials, agents, employees, or volunteers that occurs in connection with this MOU and DEMA shall not be liable for any purchase or other agreement made by Maricopa County in connection with this MOU. Nothing in this Agreement may be construed as creating a partnership, joint venture, or any other agency-type relationship between Maricopa County and DEMA. DEMA is not an officer, employee, or agent of Maricopa County. 2. Indemnification. To the extent permitted by law, the parties, as indemnitors, agree to indemnify, defend, and hold harmless each other, as indemnitees, 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 other party and its officers, officials, agents, employees, or volunteers related to the performance of this Agreement. C. 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. D. Disputes. Any disputes between the parties relating to this MOU will, subject to any applicable law, executive order, directive, or instruction, be resolved by consultation between the parties. If the parties are unable to resolve the dispute, the parties agree to submit the dispute to arbitration and shall select a mutually agreeable arbitrator to hear and decide the matter. E. Entire Understanding. It is expressly understood and agreed that this MOU embodies the entire understanding between the parties regarding the MOU’s subject matter. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 4 Dated this 9th day of August, 2022 Dated this __ day of _________, 20___ ________________________________ ________________________________ Major General Kerry L. Muehlenbeck Bill Gates, Chairman Director, DEMA Board of Supervisors ATTEST: ATTEST: ________________________________ ________________________________ Clerk of the Board Clerk of the Board APPROVED AS TO FORM: ________________________________ ________________________________ State Attorney County Attorney