CITY OF BUCKEYE AGREEMENT HIDTA OT.PDF

Intergovernmental Agreement
between Maricopa County
and the City of Buckeye
This Agreement made and entered into this day of 2017, 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, such contracts are authorized and provided for by the provisions of A.R.S. §§ 11-951 et seq.
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 $60,000.
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.
2. There will be a 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 requests to the Maricopa County Sheriffs Office, Business Services
Division, 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. The duration of the Agreement shall be January 1,2017 through December 31,2018. 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. That 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. 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.
C. 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 1above shall be deemed a material breach of the
contract that is subject to penalties up to and including termination of the contract;
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 in order to facilitate such an inspection.
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4. Nothing herein shall make any contractor or subcontractor an agent or employee of either of the
contracting governmental entities.
D. By signing this Agreement, the parties certify that they are in compliance with Tittle 35, Chapter2,
Article 9, A.R.S. § 35-393 et seq.
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.
IN WITNESS WHEREOF, the parties have made and executed the Agreement the day and year first above
written.
Police2'
Buckeye Maricopa Coun
e
~ Sheriff
Maricopa County Board of Supervisors
M or Chairman of the Board Date
f
~TTEST: ATTEST:
Or,
~I),~ I~td-{)\l
")TCefk = Clerk of the Board Date
[Signatures Continue on Following Page]
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IN ACCORDANCE WITH A.R.S. § 11-952 THIS AGREEMENT HAS BEEN REVIEWED BY THE
UNDERSIGNED ON BEHALF OF THEIR RESPECTIVE CLIENTS AND WHO HAVB
DETERMINED THAT IT IS IN APPROPRIATE FORM AND WITHIN THE POWERS AND
AUTHORITY GRANTED TO THEIR RESPECTIVE PUBLIC BODY ONLY.
Maricopa County
Attorneyfor MaricopaCounty Date
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