IGA WITH PHX PD FOR OVERTIME.PDF

Intergovernmental Agreement
between Maricopa County
and the City of Phoenix
This agreement is made by and between the Maricopa County Board of Supervisors acting on behalf of the
Maricopa County Sheriff's Office (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, such contracts are authorized and provided for by the provisions of A.R.S. §§ 11-951 et seq.
TERMS and CONDITIONS:
The Maricopa County Sheriff's Office agrees to the following:
1. 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 to exceed $150,000.
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:
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 reimbursement request to the Maricopa County Sheriff's Office, Business Services Division, 550
West Jackson Street, 4" 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 and fuel receipts are required with the reimbursement request.
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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 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 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 defined 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-ear 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
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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;
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. Per A.R.S. § 35-391.06 and 35-393.06, the parties certify that they do not have scrutinized business
operations in either Sudan or Iran.
IN WITNESS WHEREOF, the parties have made and executed the Agreement the day and year first above
written.
Maricopa County Sheriff's Office CITY OF PHOENIX, a municipal corporation
City Manager
By: OC-2
Joseph M. Arpaio, Sheriff Date
Name: Ed Zuercher
Title: City Manager
Maricopa County Board of Supervisors
Date:
Chairman Date
Board of Supervisors
ATTEST: ATTEST:
Clerk of the Board Date City Clerk Date
APPROVED AS TO FORM and as within the APPROVED AS TO FORM and as within the
powers and authority granted under the laws of this powers and authority granted under the laws of this
State to the public agency represented by undersigned State to the public agency represented by undersigned
counsel: counsel:
Nr ity
County Attorney Date ACTI Attorney ate
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