MARICOPA COUNTY AND VETERANS AFFAIRS POLICE IGA - SIGNED BY VA.PDF

AGREEMENT 
 
BETWEEN 
MARICOPA COUNTY 
AND THE 
UNITED STATES DEPTARTMENT OF VETERANS AFFAIRS POLICE 
FOR 
 
ACCESS TO THE MARICOPA COUNTY WIRELESS RADIO SYSTEM 
 
This Intergovernmental Agreement ("IGA" or "Agreement") is entered into by and between 
Maricopa County a political subdivision of the State of Arizona (“County”) and the Phoenix 
Veterans Affairs Health Care System Police Service (PVAHCS Police).  PVAHCS Police and 
County shall be collectively referred to hereafter as the “Parties” or individually as a “Party”.  
RECITALS 
WHEREAS County is authorized to enter into this Agreement pursuant to ARS § 11-952 
et seq. and,  
WHEREAS County desires to make available on the wireless radio system a limited 
number of channels or talk groups assigned by the County. 
WHEREAS County desires no other person or agency be authorized to initiate the radio 
setup other than a member of the County Wireless Radio Services Division and, 
WHEREAS County desires initial programming setup be scheduled during available 
business hours Monday through Friday 06:00-16:30 hours and,  
WHEREAS County desires the PVAHCS Police maintain possession of system key 
material as the responsible party to secure the System Key Material and not distribute it to any 
other party and, 
WHEREAS County does not to take the responsibility of the ongoing maintenance for the 
PVAHCS Police PVAHCS Police communications equipment, and, 
NOW THEREFORE, the PVAHCS Police may choose to assign maintenance and upkeep 
of its communications equipment under this Agreement to a contracted vendor; provided, however, 
that such assignment shall not relieve the PVAHCS Police of its responsibilities or obligations 
under this IGA and,  
WHEREAS County desires to approve of the PVAHCS Police radios being programmed 
only by Motorola-trained technical staff and, 
WHEREAS PVAHCS Police must maintain a current status of the firmware release of all 
communication equipment on the county wireless radio system and,

WHEREAS PVAHCS Police agrees to purchase the appropriate approved equipment for 
the use of the Wireless Radio System and, 
WHEREAS PVAHCS Police agrees to provide the Advanced System Key (ASK) for the 
County to format and the KVL – Key Variable Loader - for programming the PVAHCS Police ’s 
radios to be used on the Wireless Radio System and, 
WHEREAS PVAHCS Police, as partial consideration for the mutual covenants and 
agreements of this IGA, desires to be financially responsible for payment of Monthly subscriber 
fees for the equipment used on the County’s wireless radio system as of the date of the execution 
of this Agreement and the PVAHCS Police communication equipment that will be programmed 
by the County as set forth herein and, 
WHEREAS the Parties desire by this Agreement to provide the terms and conditions 
covering the programming, operation, and maintenance of the radio communication equipment 
and other PVAHCS Police personal property identified in Exhibit “B”, which is attached hereto 
and incorporated herein by this reference (“Communication Equipment”), on the Premises. 
 
TERMS OF AGREEMENT 
NOW THEREFORE, in consideration of the mutual promises and undertakings of the Parties 
hereinafter set forth, it is hereby agreed as follows: 
1. Recitals.   
The Recitals, by this reference, shall be incorporated herein and are made a part of this Agreement. 
2. Term. 
 
The term of this IGA shall be for five (5) years from the Effective Date unless sooner terminated 
as provided for in this Agreement. 
2.1. Option to Renew.   
Provided this Agreement is in full force and effect and PVAHCS Police is not in default under any 
of the terms and conditions of this IGA at the time of notification of its desire to renew, County 
hereby grants PVAHCS Police a one-time option to renew this IGA for a period of five (5) years 
on the same terms and conditions of this Agreement unless otherwise agreed to by the Parties in 
writing (“Option”). 
2.2. Exercise of Option.  
If PVAHCS Police elects to exercise the Option, PVAHCS Police shall provide County with 
written notice no later than the date which is one-hundred eighty (180) days prior to the expiration 
of this IGA.  If PVAHCS Police fails to provide such notice, County shall have, as individual party 
to this IGA, no further or additional obligation to extend this IGA.

3. Use of Radio System.   
Any use of the Radio System by PVAHCS Police shall be for the public safety and welfare.  
County hereby authorizes PVAHCS Police the ability to use its communications equipment on the 
Radio System as outlined in Section 6. of this IGA (“PVAHCS Police ’s Equipment”).  This IGA 
does not expressly or impliedly authorize PVAHCS Police to add additional communications 
equipment on the Radio System.  Should the need arise for PVAHCS Police to have additional 
communications equipment on the Radio system (“Additional Equipment”), PVAHCS Police shall 
obtain the prior written approval of County in the form of an amendment to this IGA, or in the 
form of a separate agreement before Additional Equipment is added to the Radio System.  Like 
any other user on the system, a fee structure for the use of the Radio System would be established 
by current subscriber rate.  
4. Equipment to be Used by PVAHCS Police.   
County authorizes PVAHCS Police to use the following equipment shown in Exhibit “B” which 
is attached hereto and made a part hereof:  i) three CONSOLETTEs - 700/800 MHz; ii) (65) APX 
8000H ALL BAND PORTABLE MODEL 3 Phase two TDMA radios; iii) adding County 
frequencies to (3) of their BDA’s; iv) and to have (2) talk groups added to the County system for 
their use.  County shall coordinate the initial subscriber set up and the development of a 
programable template of PVAHCS Police ’s Equipment.   
5. Programming and Maintenance of PVAHCS Police ’s Equipment.   
PVAHCS Police shall be responsible for the maintenance of their equipment. The System Key 
Material must remain in the PVAHCS Police possession and not distributed for unauthorized 
programming. However, the PVAHCS Police shall reasonably ensure that the equipment is 
serviced by an accredited trained staff member or Motorola-trained technical staff. If a third-party 
entity is providing maintenance and programming services of the equipment, they shall not 
manipulate the programming templates for no reason other than what has been approved by the 
County.  No such activity shall interfere with County’s operation and maintenance of the County’s 
Radio System. The PVAHCS Police shall be responsible for maintaining firmware in subscriber 
equipment to a current version released within each consecutive year.    
6. PVAHCS Police ’s Equipment and Limited Use of System.   
The use of the Radio System pursuant to the terms of this IGA shall be for the public safety and 
welfare and those uses necessary to operate the PVAHCS Police ’s Equipment.  PVAHCS Police 
shall not use the Radio System, the County’s Equipment, or any Additional Equipment, for any 
use not authorized herein. All County’s use of the System shall be deemed critical to the delivery 
of Public Safety Communications to the community of Maricopa County. PVAHCS Police 
equipment shall not interfere with the critical operations of the County.  PVAHCS Police shall 
exercise cooperation and reasonable efforts to resolve any equipment interference with the 
County’s equipment. Notwithstanding the above, County shall have the sole review and approval 
authority over the PVAHCS Police ’s use of the Radio System. This IGA may be revoked by 
County if the unauthorized use is not corrected within sixty (60) days after written notice by

County to PVAHCS Police to abate any unauthorized use.  If the IGA is so revoked, PVAHCS 
Police shall cease use of the Radio System and take appropriate action as authorized by County to 
remove the PVAHCS Police ’s Equipment from the Radio System.   
7. Subscriber Fees.  
PVAHCS Police, at its sole cost and expense, shall and hereby agrees to; i) be billed for the initial 
setup fee of $45.00 for each radio. ii) be billed quarterly by the County on an initial rate of $134.03 
that will increase annually .53%; iii) rate amount multiplied by the number of radios in their fleet 
that is in use on the County’s Wireless Radio System during a calendar quarter.  
8. Security.   
PVAHCS Police shall and hereby agrees to; i) ensure the security of the System Key Material 
consistent with safe keeping of sensitive material. 
9. Property. 
Upon termination of this Agreement, all property involved will revert to the original owner. 
Termination will not relieve any party from liabilities or costs already incurred under this 
Agreement, nor affect any ownership of property pursuant to this Agreement. 
10. Compliance with laws.   
PVAHCS Police agrees to comply with all federal, state, and local statutes, laws, ordinances, rules, 
and regulations which relate to the management, operation, and maintenance of PVAHCS Police 
’s Equipment.  PVAHCS Police shall obtain all licenses and permits and pay any taxes for which 
the Federal government is not exempt, assessments, fees, and other expenses of any nature, 
associated with the construction or installation of PVAHCS Police ’s Equipment as well as the 
management, operation and maintenance of PVAHCS Police ’s Equipment.   
11. Insurance.     
The Department of Veterans Affairs (VA) and the Phoenix VA Health Care System (PVACHS) 
are Federal entities and instrumentalities of the United States.  By statute, the United States does 
not maintain general liability insurance but is self-insured. 
 Maricopa County is self-insured  for general liability in excess of the limits required in this 
agreement. Any claims Maricopa County is found legally liable are paid under this self-insurance.  
12. Cancellation and Termination. 
Pursuant to A.R.S. § 38-511, the County or PVAHCS Police may cancel this Agreement at any 
time while the Agreement or an extension of the Agreement is in effect, without penalty or further 
obligation if any person significantly involved in initiating, negotiating, securing, drafting, or 
creating the Agreement on behalf of the County or PVAHCS Police is or becomes an employee of 
or a consultant to any party to this Agreement, with respect to the subject matter of the Agreement.  
The cancellation shall be effective when the County or PVAHCS Police receives written notice of 
cancellation unless the notice specifies a later time.  The County may, by written notice to the

PVAHCS Police immediately terminate this Agreement if the County determines that employment 
or a gratuity was offered or given by the PVAHCS Police or any agent or representative of the 
PVAHCS Police to any officer or employee of the County for the purpose of influencing the 
securing of the Agreement, an amendment of the Agreement, or favorable treatment concerning 
the Agreement.  This influence includes the making of any determination or decision regarding 
agreement performance. 
Unauthorized use of or tampering with the radio equipment, attempts to reprogram the radio 
equipment or any unauthorized use of the radio equipment by the PVAHCS Police will result in 
immediate termination of the use of the system and of this Agreement. 
Any party may terminate this Agreement in whole or in part, without cause, after providing thirty 
(30) days’ written notice to the other party. 
In the event of termination of this Agreement, the PVAHCS Police shall pay the County as 
provided herein all amounts due through the date of termination. The PVAHCS Police shall make 
payment within ten (10) business days of the date of termination. 
13. Access to Information. 
Subject to statutory confidentiality requirements and public records law, the PVAHCS Police and 
the County shall have full, complete, and equal access to data and information prepared under this 
Agreement on a no-charge basis.  Both parties shall protect any confidential records from 
disclosure to the greatest extent allowed by law. If a request is made for confidential records, each 
party shall notify the other party prior to disclosure. 
14. Assignment. 
Neither party may assign any rights hereunder without the express, written prior consent of the 
other party. 
15. Entire Agreement. 
This Agreement represents the entire agreement between the Parties. It supersedes and replaces all 
previous representations, understandings, and agreements, written or oral, relating to its subject 
matter. No other understanding, oral or otherwise, regarding the subject matter of this Agreement 
shall be deemed to exist or to bind any party. 
16. Severability. 
The provisions of this Agreement are severable to the extent that any provision or application held 
to be invalid shall not affect any other provision or application of the Agreement.  If any provision 
of this Agreement is found invalid, then the remainder of the Agreement shall remain in effect 
without the invalid provision or application.

17. Venue; Choice of Law.  
The proper venue for any proceeding arising from this Agreement shall be the United States 
District Court located in Maricopa County, Arizona. This Agreement shall be construed in 
accordance with and be governed by the laws of the United States and to the extent applicable, the 
laws of the State of Arizona.  
18. Non-Discrimination. 
The County and PVAHCS Police agree to comply with all applicable laws, rules regulations and 
executive orders governing equal employment opportunity, nondiscrimination, and affirmative 
action. 
19. Record Retention and Audit. 
The County and the PVAHCS Police shall retain all data, books, and other 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 County at reasonable times.  Upon request, the PVAHCS 
Police shall produce the original of any or all such records. 
At any time during the term of this Agreement and five (5) years thereafter, the PVAHCS Police 
shall be subject to audit by the County, and where applicable, the federal government, to the extent 
that the books and records relate to the performance of the Agreement. 
20. Notices.   
Any and all written notices required or permitted under this Agreement shall be given in writing 
and personally delivered or sent by registered or certified mail, return receipt requested, postage 
prepaid, or by a recognized overnight delivery service, addressed as follows: 
 
Notices to Maricopa County 
Notices to PVAHCS Police  
Shall be addressed as follows: 
 Office of Enterprise Technology 
Attn: Chief Information Officer 
301 S. 4th Avenue 
Phoenix, AZ 85003 
 
Shall be addressed as follows:  
Phoenix Veterans Affairs Health Care System Police 
Attn: Chief of Police   
650 E. Indian School Road  
Phoenix, AZ. 85012

IN WITNESS WHEREOF, the parties hereto agree to carry out the terms of this Agreement. The 
undersigned executing this Agreement on behalf of each party represent and warrant that he/she is 
duly authorized to execute and deliver this Agreement on behalf of each party and that this 
Agreement is binding on said party in accordance with its terms. Parties hereto have executed this 
Agreement as of the date and year first set forth below. 
MARICOPA COUNTY 
PHOENIX VETERANS AFFAIRS 
HEALTH CARE SYSTEM POLICE 
AUTHORIZED SIGNATURE 
AUTHORIZED SIGNATURE 
TYPED NAME:  
TYPED NAME: 
TITLE:  Chairman of the Board of Supervisors TITLE:  Medical Center Director 
DATE: 
DATE: 
ATTEST:  Clerk of the Board 
The foregoing Agreement has been submitted to the Maricopa County Attorney for review and 
approval.  The undersigned attorney has determined that said agreement is in proper form and is 
within the powers and authority granted under the laws of the State of Arizona. 
Dated this ___________ day of _____________________, 2021 
By 
 Deputy County Attorney 
ALYSHIA SMITH, DNP, RN
ALYSHIA W. 
SMITH 268027
Digitally signed by ALYSHIA W. 
SMITH 268027 
Date: 2021.09.07 16:22:17 -07'00'
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