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Intergovernmental Agieement
Between Maricopa County
and the City of Phoenix
c-50-19-_-3-00
This agreement is made by and between the Maricopa County Board of Supervisors acting on behalf of the
Maricopa County Sheriffs Offrce (MCSO), a County law enforcement agency duly organized and existing under
the laws of the State of Arizona, and City of Phoenix, on behalf of the Phoenix Police Department a law
enforcement agency duly organized and existing under the laws of the State of Arizona.
Phoenix Police Department Office is an active partner and has officers assigned to the Maricopa County High
Intensity Drug Trafficking Area (HIDTA) Maricopa County Drug Suppression Task Force (MCDST) administered
by MCSO. The Phoenix officers assigned, and ad hoc officers will be assisting in the investigation of criminal
organizations that operate drug labs and/or distribute narcotics within the State of Arizona.
WHEREAS, Arizona Revised Statutes S 11-952 et seq. authorizes public agencies to enter into
lntergovernmental Agreements for the provision of services or for joint cooperative action.
TERMS and CONDITIONS:
The Maricopa County Sherifls Ofhce agrees to the following:
l. That MCSO will authorize overtime reimbursement to the officers assigned and ad hoc officers assisting in the
investigation of criminal organizations that operate drug labs and/or distribute narcotics within the State of
Arizona and if applicable aircraft fuel costs in the event that the City of Phoenix air support is used to assist in
HIDTA investigations.
2. That the total overtime funds available to Phoenix Police Department for reimbursement by MCSO shall not
exceed $30,000.
3. That MCSO will provide one leased vehicle; office space for HIDTA Task Force personnel, which includes
utilities and telephone service and travel and training to further HIDTA objectives.
The Phoenix Police Department agrees to the following:
l. To submit overtime reimbursement requests for the specified operations only.
2. There will be a25%o cap on employee related expenses (ERE).Any employee related expenses over the cap will
be the responsibility of the agency.
3. To mail reimbursement request to the Maricopa County Sheriff s Office, Grants Administration, 550 West
Jackson Street, 4d Floor, Phoenix, Arizona 85003, within 30 days of the incurred overtime. The request will
include the investigator's name, overtime rat of pay, employee relate expenses (ERE) information, number of
hours worked, and the total dollar amount requested for reimbursement. A copy of the respective Agency
payroll time sheet and fuel receipts are required with the reimbursement request.
Both Parties agree to the following:
l. Upon approval of the Maricopa County Board of Supervisors, the duration of the Agreement shall be January l,
2019 through December 3l,2}lg. Either party requesting termination of this Agreement must provide 30 days'
written notice to the other party of its intent to terminate. ln the event this Agreement is terminated as provided
herein, the parties shall have no further obligation to one anther other than for payment for services rendered
prior to such termination, and any financial contributions made by the terminating party under the terms of this
Agreement shall be reimbursed to the terminative party on a pro-rata basis.
2. That prograrh funds shall be used to support and enhance officers as they participate in these activities. These
funds will not be used to supplant State and/or local funds that would otherwise be made available for such
purposes.
J. To retain all financial records and other documents relevant to this agreement for a period of not less than fle
(5) years from the end of this agreement, in compliance with A'R.S. $ 35-214.
4. To comply with the applicable sections of all state and federal laws related to non-discrimination, equal access
to employment opportunities, undue influence, and conflicts of interest under A.R.S. $ 38-51I '
5. Other:
A. Indemnification: To the extent permitted by law, each party to this Agreement shall indemnifu, defend and
hold the other parties, their officers, departments, employees and agents, harmless from and against any and
all suits, actions, legal or administrative proceedings, claims, demands or damages of any kind or nature
arising out of this Agreement, including claims which result from any act or omission of the indemniffing
party, its agents, employees or anyone acting under its direction or control, whether intentional or
negligent.
B. The parties acknowledge and agree that the PARTIES to this Agreement are each seltinsured'
C. Certification Regarding Debarment, Suspension Ineligibility and Voluntary Exclusion: The undersigned by
signing and submitting this Agreement has the authority to certifu the City to the terms, representations
and/or warrants of this Certification. The City defined as the primary participant in accordance with 25
CFR Paft 66, certifies to the best of its knowledge and belief that it and its principals: (a) are not presently
debarred, suspended, proposed for debarment, declared ineligible, op voluntarily excluded from covered
transactions by any Federal Department or agency; (b) have not within a3-year period preceding this
proposal been convicted of or had a civil judgment re ndered against them for commission of fraud or a
criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State,
or local) transaction or contract under a public transaction; violation ofFederal or State antitrust statues or
commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false
statements, or receiving stolen property; (c) are not presently indicted or for otherwise criminally or civilly
charged by a govemmental entity (Federal, State, or local) with commission of any of the offenses
enumerated in paragraph (b) of this certification; and (d) have not within a 3-year period preceding this
Agreement had one or more public transactions (Federal, State, or local) terminated for cause or default.
D. A.R.S. g 41-4401-The partieslputually warrant that they are in compliance with and further Acknowledge
that:
a. They and their subcontractors, if any, warrant their compliance with A.R.S. $ 41-4401 and all federal
immigration laws and regulations that relate to their employees and their compliance with A.R.S' $ 23-
214, subsection A and shall keep a record ofthe verification for the duration ofthe employee's
employment or at least three years, whichever is longer;
b. A breach ofa warranty under subsection 1 above. Shall be deemed a material breach ofthe contract
that is subject to penalties up to and including termination of the contract;
c. The parties mutually retain the legal right to inspect the papers ofany contractor or subcontractor
employee who works on the contract to ensure that the contractor or subcontractor is complying with
the warranty provided under subsection I above, and that the contractor agrees to make all papers and
employment records of said employee (s) available during normal working hours in order to facilitate
such an inspection.
d. Nothing herein shall make any contractor or subcontractor an agent or employee of either of the
contracting govemmental entities.
E. Pursuant to A.R.S. $ 38-51l, the state, its political subdivisions or any department or agency of either may
cancel this contract within three (3) years after its execution without penalty or further obligation if any
person significantly involved in initiating, negotiating, securing, drafting or creating the contract on behalf
of the state, its political subdivisions, or any of the departments or agencies of either is, at any time while
the contract or any extension of contract is in effect, an employee or agent of any other party to the contract
in any capacity or a consultant to any other party of the contract with respect to the subject matter of the
contract.
Notwithstanding any other provision of this Agreement to the contrary, the Parties acknowledge that they
are subject to A.R.S. 39-l2l through 39-128 regarding public records. Any provision regarding
confidentiality is limited to the extent necessary to comply with the provisions of Arizona law.
G. The laws of the State of Arizona shall govem the construction and interpretation of this Agreement. This
Agreement is subject to the provisions of A.R.S. $ 12-1518 relating to the use of arbitration.
H, This Agreement does not imply authority to perform any tasks, or acceptance responsibility, not expressly
stated in this Agreement. This Agreement does not create a duty or responsibility unless the intention to do
so is clearly and unambiguously stated in the Agreement.
I. This document is the complete and exclusive statement of understanding between the parties, and it
supersedes all proposals, oral or written, and all other documents or communications between the parties
relative to the subject matter herein covered, unless such documents or communications are specifically
included by reference.
J. 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. Faxed, copied and scanned signatures are
acceptable as original signatures.
K. Any amendments, including all requests for additional services, shall be in writing and signed by both
parties to this Agreement.
L. All notices required under this agreement to be given in writing shall be sent to:
Maricopa County Sheriff s Office City of Phoenix
Cindy Kenney, Grant Administrator Rita Dean, Management Assistant II
C Kenncv(rD N4CSO. Maricopa. gov Rita.Dean@Phoenix. gov
602-876-3266 602-534-7229
IN WITNESS WHEREOF, the parties have made and executed the Agreement the day and year first above written.
CITY OF PHOENIX, a municipal corporation Maricopa County Board of Supervisors
Chairman Date
ATTEST: ATTEST:
City Clerk Date Clerk of the Board Date
Maricopa County Sheriff s Office
Sheriff
APPROVE AS TO FORM and as within the powers and authority granted under the laws of this State to
the public agency represented by undersigned counsel:
J*z x{
-* '/z;a,"
ACTINg city Anorney BtD ' Date Deputy County Attorney Date