FINAL MCDEM-DPS MOU-IGA06032022.DOCX

MEMORANDUM OF UNDERSTANDING BETWEEN 
THE MARICOPA COUNTY DEPARTMENT OF EMERGENCY MANAGEMENT
AND
THE ARIZONA DEPARTMENT OF PUBLIC SAFETY
I.
PURPOSE
This Memorandum of Understanding (MOU) is entered into by the State of Arizona Department of 
Public Safety (DPS) herein after referred to as "DPS", and the Maricopa County Department of 
Emergency Management (MCDEM) hereinafter referred to as "MCDEM”
The purpose of this Agreement shall be to enhance MCDEM’s Secure the Cities (STC) Program by 
designating DPS as an active Principal Partner. 
II.
Authority
The DPS is authorized and empowered to enter into this MOU pursuant to Arizona Revised Statutes 
(A.R.S.) § 41-1713 and both parties are authorized and empowered to enter into this agreement pursuant 
to A.R.S. § 11-952.
Now, in consideration of the mutual promises set forth herein, the Parties to this MOU hereby agree to 
the following terms and conditions:
Ill. Participation
The DPS shall be an active participant in the Maricopa County STC Program.  In consideration of the 
mutual covenants set forth herein and the mutual benefits to be derived therefrom, DPS agrees as follows:
A. Background
The STC Program is a regional effort geared towards enhancing radiological and nuclear 
detection and interdiction in Preventative Radiological and Nuclear Detection (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, herein after referred to as “Grantor”.  The Grant is 
awarded to MCDEM to assist participants in acquiring equipment, training, and support to 
enhance PRND capabilities throughout Maricopa County.  DPS 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.
B. Goals and Responsibilities
a.
DPS shall designate an authorized representative and one alternate to attend all 
Executive Committee 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 authorized representatives shall be DPS employees. 
b.
DPS 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 Grantor, MCDEM, and the STC Executive Committee.
c.
DPS 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: 
i. 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. 
ii. Collect, share, and analyze intelligence, information, and resources to predict, 
prevent, respond, adjudicate, report, and archive the illicit use, storage, or 
movement of radiological materials within Maricopa County. 
iii. Complete any required training and exercises necessary to participating in the 
STC Program in accordance with the Grant.
iv. Deploying program-assigned equipment as necessary to enhance PRND 
capabilities. 
v. Expanding data collection and sharing capabilities within Maricopa County 
and between Federal, State, local, and tribal agencies. 
vi. Participating in at least one subcommittee of the STC Program. 
vii. As a threat deterrent, work with the Grantor in creating and participating in a 
long-term sustainability plan to continue the STC Program in support of the 
Global Nuclear Detection Architecture (GNDA).  
IV. EQUIPMENT
The Grant equipment purchased for and assigned to DPS personnel who shall be trained in such use and 
the equipment shall remain in the custody of DPS for use by properly trained personnel.
Contingent upon the availability of Homeland Security Grant funding, equipment will be acquired 
by MCDEM. Grant equipment will be purchased from the current list of authorized equipment 
approved by the STC Committee and from the Grantor’s authorized equipment list (AEL).
All assigned and purchased equipment issued to trained DPS personnel pursuant to this agreement 
will be maintained in good working order. The DPS will be required to make all necessary repairs 
to equipment. In the event that issued or purchased equipment is damaged, lost, stolen or no longer 
operative, the DPS will be responsible for the expenses for replacement in kind, repair, or 
reimbursement, whichever is applicable.
MCDEM and the Grantor shall have the right to access and inspect the Equipment at any time as may 
be deemed necessary, including conducting regularly selected monitoring visits.
The DPS represents that it is insured and will include all equipment, provided pursuant to this MOU, 
within the scope of the DPS’s insurance coverage.
V. REIMBUSEMENT FOR DPS PERSONNEL, TRAINING AND TRAVEL 
The DPS is responsible to apply for reimbursement of all personnel and travel expenses related to 
an emergency incident response (i.e. FEMA, AZ DEMA, etc.). Reimbursement for travel, per diem 
and training related to PRND and STC are not covered by STC grant funding.
VI. NON-AVAILABILITY OF FUNDS
Every payment obligation of the MCDEM under this MOU is conditioned upon the availability of 
funds appropriated or allocated for the payment of such obligation. If funds are not allocated and 
available for the continuance of the agreement, this MOU may be terminated by the MCDEM at the 
end of the period for which funds are available. No liability shall accrue to the MCDEM in the event 
this provision is exercised, and the MCDEM shall not be obligated or liable for any future payments 
or for any damages as a result of termination under this paragraph.

VII. NON-DISCRIMINATION
The Parties shall comply with Executive Order 2009-09, which mandates that all persons, regardless 
of race, color, religion, sex, age, national origin or political affiliations, shall have equal access to 
employment opportunities, and all other applicable State and Federal employment laws, rules, and 
regulations, including the Americans with Disabilities Act. The DPS shall take affirmative action to 
ensure that applicants for employment and employees are not discriminated against due to race, 
creed, color, religion, sex, national origin or disability.
Each party to this MOU shall act in its individual capacity and not as an agent, employee, partner, 
joint venturer, associate, or any other representative capacity of the other. Each party shall be solely 
and entirely responsible for its acts or the acts of its agents and employees during the performance 
of this MOU.
VIII. INDEMNIFICATION
To the extent permitted by law, each party (as an "indemnitor") agrees to indemnify, defend, and 
hold harmless the other party (as "Indemnitee") from and against any and all claims, losses, liabi1ity, 
costs, or expenses (including reasonable attorney's fees) (hereinafter referred to as "Claims") arising 
out of bodily injury of any person (including death) or property damage, but only to the extent such 
Claims which result in vicarious/derivative liability to the indemnitee(s) are caused by the act, 
omission, negligence, misconduct, or other fault of the indemnitor(s), its officers, agents, employees, 
or volunteers.
 
IX.ARBITRATION
To the extent required by A.R.S. §§ I 2-15 l 8(B) and 12-133, the Parties agree to resolve any dispute 
arising out of this agreement by arbitration.
X. EFFECTIVE DATE / DURATION
This MOU shall become effective upon the final signatures on each of two (2) originals by both 
parties.
The duration of this MOU shall be the fiscal year, July 1st through June 30th, and shall renew annually on 
July 1st for a period of time not to exceed ten (10) years. Any modification of this MOU shall be by written 
amendment executed by the governing bodies of both parties.  Upon termination of this agreement, any 
and all property used in connection with this agreement will be promptly returned to the party holding 
tide thereto.
XI. TERMINATION
Either party may terminate this MOU for convenience or cause upon thirty (30) days written notice 
to the other party.
In accordance with Department of Homeland Security grant guidelines for equipment purchased:
I)
Upon termination of this MOU, all assigned and purchased equipment acquired pursuant to 
this MOU shall be returned to MCDEM or reimbursed at current market value for said 
equipment.
2) Said equipment shall be returned to MCDEM immediately upon breach or termination of this 
MOU.
3) After the serviceable life of the equipment, final disposition is the responsibi1ity of the DPS.

XII. AUDIT OF RECORDS
Pursuant to A.R.S. § 35-214, the DPS shall retain and shall contractually require each subcontractor to 
retain all data, books and other records (“records") relating to this agreement for a period of five (5) years 
after completion of the agreement. All records shall be subject to inspection and audit by the State at 
reasonable times.  Upon request, the DPS shall produce the original of any or all such records. 
XIII. FEES
In no event shall either party charge the other for any administrative fees for any work performed 
pursuant to this MOU.
XIV. Jurisdiction
The DPS accepts that the receipt of federal grant funding requires it to permit its PRND 
equipment-trained personnel to work outside of the DPS's regular jurisdictional boundaries.
XV. WORKER’s COMPENSATION BENEFITS
Pursuant to A.R.S. § 23-1022 D., for the purposes of worker's compensation coverage, all employees 
covered by this MOU shall be deemed to be an employee of both agencies. The primary employer 
shall be solely liable for payment of worker's compensation benefits.
XVI. AVAILABILITY OF FUNDS 
This MOU shall be subject to available funding, and nothing in this agreement shall bind any party to 
expenditures in excess of funds appropriated and authorized for purposes outlined in this MOU.
XVII. E-VERIFY
To the extent applicable under A.R.S. § 41-4401, the Parties and their respective subcontractors 
warrant compliance with all federal immigration laws and regulations that relate to their employees 
and compliance with the E-Verify requirements under A.R.S. § 23-214(A). The Parties' or a 
subcontractor's breach of the above-mentioned warranty shall be deemed a material breach of the 
MOU and may result in the termination of the MOU by either Party under the terms of this MOU. 
The Parties each retain the legal right to randomly inspect the papers and records of the other Party 
and the other Party's subcontractors who work under this MOU to ensure that the other Party and its 
subcontractors are complying with the above-mentioned warranty. The Parties warrant to keep their 
respective papers and records open for random inspection during normal business hours by the other 
Party.
Any notice required to be given under this MOU will be provided by mail to:
MCDEM
5630 E. McDowell Road 
Phoenix, Arizona 85008
AZDPS
Management Services Bureau
P.O. Box 6638 - MD 1200
Phoenix, Arizona 85005-6638

XVIII. Conflict of Interest This Agreement is subject to cancellation for conflicts of interest under 
the provisions of A.R.S. § 38-511.
IN WITNESS WHEREOF, THE PARTIES HEREBY SUBSCRIBE THEIR NAMES:
MARICIOPA COUNTY DEPARTMENT 
     AZ DEPARTMENT OF PUBLIC SAFETY
    OF EMERGENCY MANAGEMENT
              STATE OF ARIZONA
________________________________
________________________________
        Bill Gates, Chairman
Colonel Heston Silbert 
       Board of Supervisors
Director, DPS
Dated this __ day of _________, 20___
    Dated this __ day of _________, 20___
ATTEST:
ATTEST:
________________________________
________________________________
Clerk of the Board
Clerk of the Board
APPROVED AS TO FORM:
________________________________
________________________________
County Attorney
State Attorney