2011 SHSGP 888206-01 IGA-CITY OF SURPRISE.PDF

Intergovernmental Agreement
between Maricopa County
and the City of Surprise
11-AZDOHS-HSGP
Grant Number 888206-01
CFDA Number 97.067
(SHSGP)
C-50-13-____________
This agreement is made between Maricopa County, by and through the Maricopa County Sheriff’s Office
(MCSO), and the City of Surprise, an Arizona Municipal Corporation, on behalf of the Surprise Police
Department (Agency).
Whereas, the parties are authorized to enter into this agreement pursuant to A.R.S. §11-952.
Whereas, the Maricopa County Sheriff’s Office has been designated as the Subgrantee agency for the
reimbursement of funds from the State Homeland Security Grant Program (SHSGP) of the Arizona Department of
Homeland Security (AZDOHS).
Whereas, the parties agree:
1. This agreement shall become effective on December 17, 2012 and will continue through November 30,
2013, or the date upon which this 2011 AZDOHS grant ends, including extensions, whichever is later.
2. Either party requesting termination of this agreement must provide thirty (30) days written notice to the
other party of its intent to terminate.
3. 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.
4. 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 created 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.
5. If any provision of this Agreement is held by a court of competent jurisdiction or applicable state or
federal law and their implementing regulations to be invalid, void or unenforceable, the remaining
provisions will nevertheless continue in full force and effect.
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TERMS and CONDITIONS:
The Maricopa County Sheriff’s Office agrees to the following:
1. MCSO will authorize the Agency to procure the following services for benefit of the Agency:
Year 1 Annual Data Source Support from IBM $1,950
2. Total funds available to the Agency for reimbursement from the SHSGP Grant Program are not to exceed
$1,950. At its discretion, MCSO may adjust the amount available to the Agency to meet requirements of
the SHSGP Grant Program. If MCSO changes the not to exceed amount, prompt written notice will be
provided to the Agency.
3. MCSO will monitor activities of the Agency as necessary to ensure that awards are used for authorized
purposes in compliance with laws, regulations, and the provision of contracts or grant agreements, and
that performance goals are achieved as stated in OMB Circular A-133, Subpart D 400 section d (3).
MCSO may conduct monitoring visits during the term of the Agreement.
The Surprise Police Department agrees to the following:
1. To submit reimbursement requests only for the services specified above unless otherwise authorized in
writing by MCSO.
2. To mail reimbursement requests to the Maricopa County Sheriff’s Office, Technology Bureau, Attn:
Bobbie O’Connell, 301 South 4th Ave, 3rd Floor, Phoenix, Arizona 85003, within thirty (30) days of
payment to the vendor. The request must include, at minimum, a copy of the Agency purchase order, an
invoice detailing the items purchased, and proof of payment of the invoice and use tax paid to the State (if
applicable).
3. To pay any and all ongoing maintenance or support charges for hardware, software and/or services
procured through the SHSGP Grant Program for the benefit of the Agency.
4. To maintain appropriate property control/inventory records associated with commodities and/or
equipment procured under this agreement. Agency also understands that items purchased may be subject
to periodic physical audit by the Grantor (AZDOHS).
5. To comply with the financial and administrative requirements as set forth in the effective edition of the
Office of Justice programs Financial Guide. Further, Agency agrees to comply with the organizational
audit requirements of OMB Circular A-133, Audits of States, Local Governments, and Non-Profit
Organizations. Once completed, a copy of the Agency’s Single Audit Report for each applicable fiscal
year during the term of the Agreement will be forwarded to Maricopa County Sheriff’s Office, Business
Services Division, 234 N Central Ave, Phoenix, AZ 85004.
Both parties agree to the following:
1. That program funds shall be used to support and enhance activities of the AZLink network. These funds
will not be used to supplant State and/or local funds that would otherwise be made available for such
purposes.
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2. To complete all activities related to this Agreement within the time period prescribed in the AZDOHS
SHSGP grant. Written requests for an extension will include information and documentation to support
the amendment request and a proposed schedule for completion.
3. The CFDA number associated with this funding is 97.067, Arizona Department of Homeland Security,
State Homeland Security Grant Program. This information and the amount expended, if any, should be
referenced and clearly designated as “Passed through Maricopa County Sheriff's Office” on the “Schedule
of Expenditures of Federal Awards” included with the Agency’s Annual Single Audit Reporting package.
4. 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, including property
control and/or inventory records.
5. 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.
6. Notices shall be sent in writing to designated personnel for each party as follows:
If intended for the Maricopa County Sheriff's Office:
Lt. John Bailey
Maricopa County Sheriff's Office
5215 S 39th St
Phoenix, AZ 85040
If intended for the Surprise Police Department:
John Poorte, Assistant Chief
Surprise Police Department
14250 W Statler Plaza – Suite #103
Surprise, AZ 85374-7481
7. Other:
A. Indemnification: To the extent permitted by law, each party to this Agreement shall indemnify,
defend and hold the other party, and its 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 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 Agency to the
terms, representations and/or warrants of this Certification. The Agency 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
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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;
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.
Surprise Police Department Maricopa County Sheriff’s Office
_________________________________ _______________________________________
Chief of Police Date Joseph M. Arpaio, Sheriff Date
City of Surprise Maricopa County Board of Supervisors
_______________________________________ _______________________________________
City Representative Date Chairman of the Board Date
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ATTEST: ATTEST:
________________________________________ _______________________________________
City Clerk Date Clerk of the Board Date
IN ACCORDANCE WITH A.R.S. §11-952 THIS CONTRACT HAS BEEN REVIEWED BY THE
UNDERSIGNED WHO HAVE DETERMINED THAT THIS CONTRACT IS IN APPROPRIATE FORM
AND WITHIN THE POWERS AND AUTHORITY GRANTED TO EACH RESPECTIVE PUBLIC BODY.
Attorney for the City of Surprise Attorney for Maricopa County
BY:____________________________________ BY: ____________________________________
City Attorney Date County Attorney Date
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