AGREEMENT BUCKEYE.PDF

Intergovernmental Agreement
Between Maricopa County
and the City of Buckeye
C-50-19- -3-00
This Agreement made and entered into this day of , 2019, by and between the Maricopa
County Board of Supervisors acting on behalf of the Maricopa County Sheriffs Office (MCSO) and the City of
Buckeye, Arizona, acting by and through the Buckeye Police Department (Buckeye).
WHEREAS, Buckeye is an active partner and has an officer assigned to the Maricopa County High Intensity Drug
Trafficking Area (HIDTA) Maricopa County Drug Suppression Task Force (MCDST) administered by MCSO. The
Buckeye officer 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 § 11-952 et seq. authorizes public agencies to enter into Intergovernmental
Agreements for the provision of services or for joint cooperative action.
TERMS and CONDITIONS:
The Maricopa County Sheriffs Office agrees to the following:
1. That MCSO will authorize overtime reimbursement to the Buckeye officer assisting in the investigation of
criminal organizations that operate drug labs and/or distribute narcotics within the State of Arizona.
2. That the total overtime funds available to Buckeye for reimbursement by MCSO during the duration of this
Agreement shall not exceed $7,500.
3. That MCSO will provide one leased vehicle and office space for HIDTA Task Force personnel, which includes
utilities and telephone service and travel and training to further HIDTA objectives.
The Buckeye Police Department agrees to the following:
1. To submit overtime reimbursement requests for the specified operations only.
1 There will be 25% cap on employee related expenses (ERE). Any employee related expenses over the cap will
be the responsibility of the agency.
3. To mail any reimbursement request to the Maricopa County Sheriffs Office, Grants Administration, 550 West
Jackson Street, 4th Floor, Phoenix, Arizona 85003, within 30 days of the incurred overtime. The request will
include the investigator's name, overtime rate of pay, employee related expenses (ERE) information, number of
hours worked, and the total dollar amount requested for reimbursement. A copy of the respective Agency
payroll time sheet will also be submitted.
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Both parties agree to the following:
1. Upon approval of the Maricopa County Board of Supervisors, the duration of the Agreement shall be January 1,
2019 through December 31, 2019. Either party requesting termination of this Agreement must provide 30 days'
written notice to the other party of its intent to terminate. In the event this Agreement is terminated as provided
herein, the parties shall have no further obligation to one another 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. The program funds shall be used to support and enhance Buckeye 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.
3. To retain all financial records and other documents relevant to this Agreement for a period of not less than five
(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. § 38-511.
5. Other:
A. Indemnification: To the extent permitted by law, each party to this Agreement shall indemnify, 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 indemnifying
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 self-insured.
C. Certification Regarding Compliance with Federal Regulations Governing Debarment and Reporting: The
undersigned by signing and submitting this Agreement has the authority to certify the City to the terms,
representations and/or warrants of this Certification. The City certifies that, to the best of its knowledge and
belief, it and its principals are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from participation in Federal assistance programs or activities as
contemplated by 2 C.F.R. Section 200.213, and that the City shall comply with 2 C.F.R. Section 200.113
with respect to reporting any violations of Federal criminal law and certain civil proceedings.
D. A.R.S. § 41-4401 — The parties mutually warrant that they are in compliance with and further acknowledge
that:
1. 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 of the verification for the duration of the employee's
employment or at least three years, whichever is longer;
2. A breach of a warranty under subsection 1 above shall be deemed a material breach of the contract that
is subject to penalties up to and including termination of the contract;
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3. The parties mutually retain the legal right to inspect the papers of any contractor or subcontractor
employee who works on the contract to ensure that the contractor or subcontractor is complying with
the warranty provided under subsection 1 above, and that the Contractor agrees to make all papers and •
employment records of said employees(s) available during normal working hours I order to facilitate
such an inspection.
4. Nothing herein shall make any contractor or subcontractor an agent or employee of either of the
contracting governmental entities.
E. Pursuant to A.R.S. § 38-511, 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.
F. Notwithstanding any other provision of this Agreement to the contrary, the Parties acknowledge that they
are subject to A.R.S. 39-121 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 govern 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 Sheriffs Office City of Buckeye
Cindy Kenney, Grant Administrator LaMar Brown, Grant Programs Administrator
C KenneyAMCSO.Maricopa.gov LBrown@Buckeyeaz.gov
602-876-3266 623-349-6447
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IN WITNESS WHEREOF, the parties have made and executed the Agreement the day and year first above written.
City of Buckeye Maricopa County Board of Supervisors
Mayor Date Chairman of the Board Date
ATTEST: ATTEST:
City Clerk Date Clerk of the Board Date
Buckeye Police Department Maricopa County Sheriff's Office
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ief of Police Date Sheriff Date
IN ACCORDANCE WITH A.R.S. § 11-952 THIS AGREEMENT HAS BEEN REVIEWD BY THE UNDERSIGNED ON
BEHALF OF THEIR RESPECTIVE CLIENTS AND WHO HAVE DETERMINED THAT IT IS IN APPROPRIATE FORM
AND WITHIN THE POWERS AND AUTHROITY GRANTED TO THEIR RESPECTIVE PUBLIC BODY ONLY.
Buckeye City Attorney Maricopa County
City Attorney Date Deputy County Attorney Date
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