MOU WITH MCSO FINAL DM EXECUTED.PDF

MEMORANDUM OF UNDERSTANDING
Between
THE MARICOPA COUNTY SHERIFF'S OFFICE
And

DAISY MOUNTAIN FIRE DISTRICT

1. PARTICIPANTS: The Participants (Parties) to this Memorandum of Understanding
(MOU) are Maricopa County on behalf of the Maricopa County Sheriff's Office
(M.C.S.O.), and Daisy Mountain Fire District (D.M.F.D.). Nothing in this MOU
should be construed as limiting or impeding the basic spirit of cooperation which
exists between these agencies.

2. AUTHORITY: This MOU is entered into under the authority of the A.R.S. §§11-951

et seq.

3. PURPOSE: The purpose of this MOU is to memorialize the collaborative efforts
between M.C.S.O. and D.M.F.D. to allow access to M.C.S.O. unencrypted radio talk-
groups by D.M.F.D., for the purpose of monitoring M.C.S.O. transmissions for
potential co-responding incidents and to establish the responsibilities of both Parties.

4. RESPONSIBILITIES:
A. M.C.S.O. will:

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B. D.M.F.D.

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Continually patch only the unencrypted talk-group(s) in the mutually
serviced geographic areas of response.

Continually patch only to Interoperability Talk-group Y15 of
unencrypted talk-group(s) to D.M.F.D.

Notify D.M.F.D. of any change in the designated mutually shared
Interoperability talk-group before such change is made.

Through the Maricopa County Office of Enterprise and Technology
(OET) monitor system loading as a result of the patch of the requested
talk group(s) and advise D.M.F-D. of the impact on the radio system as
a result of this MOU.

Hold a monthly meeting with D.M.F.D. leadership to discuss areas of
mutual benefit and concern regarding the monitored radio frequencies.

will:
Not use Y15 for non-essential radio communications to M.C.S.O.
unless specifically requested by M.C.S.O. on a case-by-case basis.
Not use Y15 for the reporting of ‘on-view’ incidents.
Route formal non-essential radio communications through D.M.F.D.’s
primary communication center to M.C.S.O. during mutual calls for
service or when witnessing a non-emergent situation that requires an
M.C.SO. response.
If an emergency need or M.C.S.O. request is present, preface their
transmissions on the designated talk-group with the call sign of their
department name each time they key their radio. (EX: Daisy Mountain
Engine 141)

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5. Allow M.C.S.O. Communications Supervisors or authorized designee
the ultimate authority as to when to end a patch on any call of service.
6. Allow patches to be terminated by M.C.S.O. prior to an incident’s
conclusion due to many factors, including, but not limited to:
a. Changing conditions at the incident no longer allowing patched
communications,
b. Other emergencies occurring of a higher priority needing the talk
group,
c. M.C.S.O. staffing limitations,
d. Confidential information being broadcast over the talk group.
e. Any other determination made by a M.C.S.O. Communications
supervisor.

i. Allow concems of an emergency nature to be handled
between a D.M.F.D. Battalion Chief and an M.C.S.O.
Communications Supervisor during or immediately after an
incident.

ii. Allow any non-emergency issues that arise to be handled
through the designees for the respective chain of command
of M.C.S.O. and D.M.F.D.

5. REPORTING: Either party may request a report. Reports will be limited in scope to
the following areas:
A. Incidents of mutual response acted upon during usage of the monitored radio talk-
group(s).
A span of either a 30- or 60-day period of time.
Contain agreed upon data points that detail each event.
Suggested points of success to the shared radio talk-group(s) under this agreement.
Suggested points of concern or improvement to the shared radio talk-group(s)
under this agreement.

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6. SUBSEQUENT TREATMENT OF INFORMATION: The Parties understand that
information shared as a result of this MOU is restricted by the following conditions:

A. Information is shared between the Parties pursuant to an express understanding of
confidentiality. In the event that a Parties receives a request under any applicable
state of federal law for information obtained as a result of this MOU, or any
analytical product base thereon, the Party is to consult with the originating Party
prior to responding to the requestor and protect such information from disclosure to
the greatest extent permissible under applicable state and federal laws, including the
Freedom of Information Act, 5 U.S.C. § 552, the Privacy Act, and 5 U.S.C. § 552a.

B. A Party that has receive information from another Party pursuant to this MOU is not
to use or disclose such information except as agreed to by the Parties or required by
law.

C. The Parties are to obtain permission for the disclosure of information to third parties
prior to making such disclosure, unless there is a compelling need that would justify
a Party not obtaining such permission, in which case the Party seeking to disclose
the information is to give notice of the disclosure to the Party that was the source of
the information as soon as practicable; and

D. To prevent the unauthorized disclosure, copying, use, or modification of information
provided to a Parties under the MOU, the Parties are to restrict access to information

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shared pursuant to the MOU on a need-to-know basis, and, where applicable, use
recognized security mechanisms such as passwords, encryption, or other reasonable
safeguards to prevent unauthorized access.

7. FUNDING:

A. This Agreement is not an obligation of or a commitment of funds, or a basis for a
transfer of funds, but rather a statement of understanding between the Parties
concerning the use of designated radio talk-groups made possible only because of
this partnership.

B. If expense is incurred by either party notification of all parties will occur at the
time the determination of expense is made.

C. No reimbursement of expense is required or inferred until M.C.S.O. and D.M.F.D
agree to the expense and method of payment.

D. Until and unless agreement as to expense reimbursement is mutually determined
and agreed upon by D.M.F.D. and M.C.S.O., the patch of the unencrypted talk-
groups under this MOU may be terminated without notice by M.C.S.O. or at the
request of D.M.F.D.

8. OTHER PROVISIONS:

A. INSURANCE. Maricopa County is self-insured for liability per A.R.S. 41-621.
Parties will provide a certificate of coverage to the other party upon request.
DMFD is self-insured for liability per A.R.S. 41-621. Parties will provide a
certificate of coverage to the other party upon request.

B. INDEMNIFICATION. Each Party (as "indemnitor") agrees to indemnify, defend,
and hold harmless the other Party (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 the negligent
performance of this Agreement, but only to the extent that such claims which
result in vicarious/derivative liability to the indemnitee are caused by the act,
omission, negligence, misconduct, or other fault of the indemnitor, its officers,
officials, agents, employees, or volunteers. Indemnification for punitive damages
will not be provided by either Party.

C. Non-joint venture. This Agreement is not intended to constitute, create, give rise
to, or otherwise recognize a joint venture agreement, partnership or other formal
business association or organization of any kind, and the right and obligations of
the Parties shall be only those expressly set forth in this Agreement.

D. Parties acknowledge that under this agreement no employee or participant of
DMEFD is to be considered a County employee, and that no rights of County merit,
County retirement, or County personnel rules shall accrue to such individual.
DMFD shall have total responsibility for all salaries, wages, bonuses, retirement,
withholdings, workman's compensation, occupational disease compensation,
unemployment compensation, other employee benefits, and all taxes and
premiums appurtenant thereto concerning such individuals and shall save and hold
MCSO harmless with respect thereto.

E. ARIZONA LAW. Applicable law of Arizona applies to this Agreement including,
here applicable, the Uniform Commercial Code as adopted by the State of
Arizona.

F. Nothing in this MOU is intended to conflict with current law or regulation or the
policies and procedures of the Maricopa County Sheriff’s Office or Daisy
Mountain Fire District. If any term of this MOU is inconsistent with such

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authority, then that term shall be invalid, but the remaining terms and conditions
of this MOU shall remain in full force and effect.

G. CONFLICT OF INTEREST: Pursuant to A.R.S. 38-511, the State, its political
subdivisions or any department or agency of either may, within four (4) years after
its execution, cancel any Agreement, without penalty or obligation, made by the
State, its political subdivisions, or any of the departments or agencies of either if
any person significantly involved in initiating, negotiating, securing, drafting or
creating the Agreement on behalf of the State, its political subdivisions or any of
the departments or agencies of either is, at any time while the Agreement or any
extension of the Agreement is in effect, an employee or agent of any other party to
the Agreement in any capacity or a consultant to any other party of the Agreement
with respect to the subject matter of the Agreement. A cancellation made pursuant
to this provision shall be effective when ASU receives written notice of the
cancellation unless the notice specifies a later time.

9. This MOU is an agreement between Maricopa County on behalf of the M.C.S.O.
and the Daisy Mountain Fire District and does not create or confer any right or
benefit on any other person or party, public or private. The rights and obligations of
the Parties shall be only those expressly set forth in this Agreement.

10. The parties agree that the wireless network utilized in this MOU is overseen and
administered by the Maricopa County Office of Enterprise and Technology (OET),
that M.C.S.O. is a customer on that network and, the parties agree to abide by the
requests, restrictions, requirements of OET regarding its usage.

11. The designated Interoperability Talk-group of this MOU may be changed by
M.C.S.O. to a different Interoperability Talk-group with notification to D.M.F.D. of
the change and determined date of change.

12. This MOU constitutes the entire understanding between the Parties as to the
activities, conditions and terms addressed herein.

13. EFFECTIVE DATE: The terms of this MOU will become effective on the date it is
signed by the last Participant. This Agreement may be executed in two or more
counterparts, each of which shall be deemed an original but all of which together
shall constitute the same instrument. E-signed, faxed, copied and scanned
signatures are acceptable as original signatures.

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15. DURATION: The terms of this MOU will remain in effect for three (3) years,
unless terminated according to provisions provided herein.

16. MODIFICATION: This MOU may be modified by amendment and upon the mutual
written consent of both Participants.

17. This MOU may be canceled at any time by either party for any reason.

18. TERMINATION: Either Party may terminate this MOU upon thirty (30) days' prior
written notice by registered and/or certified mail or personal delivery to the other

Party

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19. Provisions Required by Law. Each and every provision of law and any clause required
by law to be in this Agreement will be read and enforced as though it were included
herein and, if through mistake or otherwise any such provision is not inserted, or is not
correctly inserted, then upon the application of either party, this Agreement will
promptly be physically amended to make such insertion or correction.

20. POINTS OF CONTACT

M.C.S.0O.: James Stilwell
Commander, MCSO Communications Division
555 West Jackson Street, Phoenix Arizona 85003
Office: 602-876-1675

Email: j_stilwell@mcso.maricopa.gov

D.M.F.D.: Dave Wilson
Assistant Chief, Operations
41018 N Daisy Mountain Dr, Anthem Arizona 85086

623-465-7400
Dave. Wilson@dmfd.org

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We, the undersigned, as authorized representatives of the named Party and Agency, do hereby
approve this document.

IN WITNESS WHEREOF, the parties hereto have executed this MOU as of the date of the last
signature set forth below (the “Effective Date”).

MARICOPA COUNTY:

Jack Sellers; Chairperson, Date
Maricopa County Board of Supervisors

Russ Skinner; Maricopa County Sheriff Date
ATTEST:

By: —
Maricopa County Clerk Date

APPROVED AS TO FORM:

By:
Deputy County Attorney Date

Daisy Mountain Fire District:

) Be
Brian P. Tobin; MreChief Daté Va

APPROVED AS TO FORM:

Jeff Matura; Barrett & Matura, P.C. Date
Daisy Mountain Fire District Counsel

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