IGA WITH BUCKEYE HIDTA.PDF

Maricopa County — Formal (2015-03-25)

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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.
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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;
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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]
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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 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
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