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Memorandum of Understanding
Regarding Emergency Radio Communications
Between
Maricopa County on behalf of the Sheriff’s Office
and
Enterprise Technology
And
Palo Verde Power Generating Station
C-50-20-____-M-00
This Memorandum of Understanding (MOU) is made and entered into by and between Maricopa County
on behalf of the Sheriff’s Office (MCSO) and Office of Enterprise Technology (MCOET), and Palo Verde
Generating Station (PVGS) (together the “Parties”), on this ___ day of ______, 2020 and is effective
upon signature of all the parties.
The purpose of this MOU is to formalize the relationship between the Parties regarding the ability to
provide emergency service radio communications during a declared incident or emergency at the Palo
Verde Generating Station site located in Tonopah, Arizona.
Whereas, MCOET, through its Wireless Systems, is licensed by the Federal Communications Commission
(FCC) to operate a Trunked Radio System (TRS) through which MCSO operates its radio communications;
Whereas, MCSO Communications Division provides operations and staffing 24 hours a day, seven days a
week of this radio system for dispatch of law enforcement response;
Whereas, PVGS is charged by the U.S. Nuclear Regulatory Commission (NRC) with providing security
services in the protection of nuclear materials and the public, including the ability to maintain
continuous communications capability with offsite local law enforcement agencies (LLEA) and to ensure
effective command and control during both normal and emergency situations in accordance with NRC
Regulation 10CFR73.55;
Whereas, PVGS desires to utilize TRS and VHF Radio System for interoperability communications
purposes;
Now, therefore, in consideration of the mutual covenants, agreements, and benefits to all Parties, it is
agreed as follows:
I.
MCSO Obligations
MCSO agrees that during the time of this MOU, MCSO shall:
A. Monitor and respond to radio transmissions generated by PVGS personnel on the
SHERIFF talk group.
B. Refer PVGS personnel to MCOET Wireless Systems for programming information and
System Identification Numbers, thereby providing inter-agency interoperability for
Public Safety Communications.
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C. Observe and abide by all applicable statutes, laws, rules and regulations, including, but
not limited to, those enforced by the FCC, as well as those applicable administrative
rules of MCSO that are now in effect or that may become effective during the term of
this agreement. Further, should any changes in the applicable statutes, rules,
regulations, or administrative rules necessitate modification of this agreement, MCSO
shall notify PVGS of any such changes within sixty (60) days of such date MCSO becomes
aware of the change.
II.
PVGS Obligations
PVGS agrees that during the term of this MOU, PVGS shall:
A. Operate under Maricopa County’s FCC license while utilizing TRS talk groups.
B. Utilize the public telephone network for non-urgent and non-emergent
communications.
C. Utilize the SHERIFF talk group for urgent or emergent communications.
D. Utilize 8CALL90 talk group, VHF ‘Search’ Channel, or public telephone network as a last
resort option for communication between MCSO and PVGS.
E. Preface all radio transmissions with their agency name and MCSO designated call sign.
F. Observe and abide by all applicable statutes, laws, rules and regulations, including, but
not limited to, those enforced by the FCC, as well as those applicable administrative
rules of MCSO that are now in effect or that may become effective during the term of
this agreement. Further, should any changes in the applicable statutes, rules,
regulations, or administrative rules necessitate modification of this agreement, PVGS
shall notify MCSO of any such changes within sixty (60) days of such date PVGS becomes
aware of the change.
III.
Considerations
It is expressly understood and agreed that in consideration of the mutual benefits derived
from this MOU between MCSO, MCOET, and PVGS, no additional fee(s) will be assessed by
any of the Parties, other than those fees already charged by MCOET in conducting its regular
duties outside of this agreement. Any system fees assessed by outside parties will be the
responsibility of the party incurring the charges.
IV.
Term
The Term of this MOU shall be two (2) years from the date this MOU is executed by the
Parties hereto. This MOU will automatically renew for an additional two (2) year term unless
terminated by any of the Parties providing written notice to the other Parties of its intent to
terminate. Notice of termination by one party shall be given to all other parties not less than
sixty (60) days prior to the expiration of the term of this MOU.
Notwithstanding the preceding provision, this MOU shall terminate:
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A. Immediately if all or substantially all the authorizations held by MCSO or PVGS are
revoked by the FCC or its successor agency; or
B. Upon any Party giving the other Parties not less than sixty (60) days prior written notice
of its intent to terminate.
V.
Default
The Parties agree that any controversy or claim arising out of or relating to this MOU, or the
breach thereof, shall first attempt to be settled by good faith negotiation by all Parties. In
the event of a dispute, the Parties agree to use arbitration to the extent required by A.R.S. §
12-1518. If the matter is left unresolved after such negotiation, the sole remaining remedy
shall be to terminate this MOU.
VI.
Disclaimer
It is expressly understood and agreed that TRS coverage of any specific area is not
guaranteed. Any surveys, studies, research or other measures taken to ensure the adequacy
of coverage provided on the TRS to PVGS shall be at the expense of PVGS.
VII. Indemnity
Each party (as "Indemnitor") agrees to defend, indemnify, 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 bodily injury of any person (including death) or property damage, 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.
VIII. Entire Agreement
This MOU contains the entire understanding and agreement between the Parties relating
the rights herein granted and the obligations herein assumed. Any modifications concerning
this MOU shall be of no force and effect unless in writing and executed by all Parties hereto,
except for those modifications effectuated pursuant to the provisions of Paragraph I (C) and
Paragraph II (F), above.
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MOU Regarding Emergency Radio Usage
In Witness Whereof, this MOU is hereby executed as follows:
For PVNS:
For MCSO:
_____________________________________
_____________________________________
Security Service Director
Date
Paul Penzone
Date
Maricopa County Sheriff
For MCOET:
_____________________________________
Ed Winfield
Date
Chief Information Officer
Maricopa County Board of Supervisors:
_____________________________________
Clint Hickman
Date
Chairman
Attest:
_____________________________________
Fran McCarroll
Date
Clerk of the Board
Approved as to form:
______________________________________
Deputy County Attorney
Date