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Intergovernmental Agreement between Maricopa County and the City of Buckeye, Arizona This Agreement made and entered into this \' of February, 2015, by and between the Maricopa County Board of Supervisors acting on behalf of the Maricopa County Sheriff s 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 ROTA Task Force personnel, which includes utilities and telephone service and travel and training to further H1DTA 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) for calendar year 2015 and a 20% cap on employee related expenses (ERE) for calendar year 2016. 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, 4 th 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. CAS -mma 2305835.2 1/28/2015 1 Both parties agree to the following: 1. The duration of the Agreement shall be January 1, 2015 through December 31, 2016. 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 fmancial 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 Debarment, Suspension Ineligibility and Voluntary Exclusion: 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 defmed as the primary participant in accordance with 28 CFR Part 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, or voluntarily excluded from covered transactions by any Federal Department or agency; (b) have not within a 3-year period preceding this proposal been convicted of or had a civil judgment rendered 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 of Federal or State antitrust statutes 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 governmental 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. 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; CAS:mma 2305835.2 1/28/2015 2 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; 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. 4. Nothing herein shall make any contractor or subcontractor an agent or employee of either of the contracting governmental entities. D. 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. Buckeye Police Department Joseph M. Arpaio, Sheriff Date Maricopa County Board of Supervisors Chairman of the Board Date ATTEST: ATTEST: C erk Date Clerk of the Board Date [Signatures Continue on Following Page] CAS:mma 2305835.2 1/28/2015 3 IN ACCORDANCE WITH A.R.S. § 11-952 THIS AGREEMENT HAS BEEN REVIEWED BY THE UNDERSIGNED ON BEHALF OF THEIR RESPECTIVE CLIENTS AND WHO HAVE DETERMINED THAT IT IS IN APPROPRIATE FORM AND WITHIN THE POWERS AND AUTHORITY GRANTED TO THEIR RESPECTIVE PUBLIC BODY ONLY. Buckeye City Attorney Maricopa County .2/4 7// City Attorney Attorney for Maricopa County Date CAS:imna 2305835.2 1/28/2015 4