UMMT IGA WITH MCSO FINAL 1-8-25 R1JJ.PDF

Maricopa County — Formal (2025-01-24)

View PDF Item 60 Meeting page

Extracted text (via pymupdf) 17466 characters
SUBRECIPIENT AGREEMENT BETWEEN  
Maricopa County by and through the Maricopa County Sheriff's Office and the 
Arizona Department of Corrections, Rehabilitation and Reentry (ADCRR) for 
Unlawful Medical Marijuana Trafficking  
(Funded by the Arizona Department of Health Services) 
This Intergovernmental agreement is made this ____ day of 20__ , between Maricopa County acting 
through the Maricopa County Sheriff’s Office hereinafter "MCSO" and the Arizona Department of 
Corrections Rehabilitation and Reentry (ADCRR), hereinafter "Subrecipient", together the "Parties," 
for the purpose of investigating or providing training on illegal medical marijuana "dispensary" 
operations, marijuana grows and cannabis labs. 
WHEREAS the MCSO contracts with the Arizona Department of Health Services ('ADHS"), through 
Agreement AGR2024-014, to provide services related to the Arizona Medical Marijuana Act 
(AMMA), A.R.S. Title 36, and Chapter 28.1 and AMMA regulation of unlawful marijuana trafficking 
taking place outside of registered nonprofit medical marijuana dispensaries, including but not limited to 
operations/clubs conducting dispensary functions under a variety of names/labels by persons 
representing themselves to cardholding patients and the public as acting with the scope of AMMA 
(Arizona Medical Marijuana Act); as well as services related to the regulation of unlawful marijuana 
trafficking taking place at registered nonprofit medical marijuana dispensaries of cultivation sites, 
including activities at dispensaries or cultivation sites that fall outside of and/or violate the AMMA and 
receive State funding for these activities, and (AGR2024-014) investigate or provide training on illegal 
"dispensary" operations, marijuana grows and cannabis labs. 
WHEREAS MCSO also participates with multiple law enforcement agencies in High Intensity Drug 
Trafficking Area (HIDTA), a federally funded initiative, and in HIDTA' s Maricopa County Drug 
Suppression Task Force (MCDST) where efforts coincide with enforcement of AMMA and is 
specifically named in the MCSO's Agreement with ADHS. 
WHEREAS MCSO and its contracted Subrecipients are charged with the responsibility for the 
regulation of activities within the local jurisdiction that fall outside of AMMA and under A.R.S. Title 
13, including but not limited to, unlawful marijuana trafficking taking place outside of registered 
nonprofit medical marijuana dispensaries by persons that are representing themselves to cardholding 
patients and the public as acting within the scope of AMMA; as well as services related to the 
dispensaries or cultivation sites, including activities at dispensaries or cultivation sites that fall outside 
of and/or violate the AMMA. 
WHEREAS funding to Subrecipient partners for Unlawful Medical Marijuana Trafficking is limited to 
investigating or providing training on illegal "dispensary" operations, marijuana grows and cannabis 
labs, performance of specific activities, the Parties agree:

Agreement 
1) 
This Agreement reimburses subrecipient law enforcement officer overtime costs only incurred 
investigating or providing training on illegal "dispensary" operations, marijuana grows and cannabis 
labs pursuant to AGR2024-014. 
2) 
This agreement shall become effective starting February 1, 2025 and ending January 30, 2029, or 
for the duration of the Agreement between MCSO and ADHS, and is fully executed when signed by 
the Parties. The initial value of funds to be reimbursed through this Agreement is not to exceed 
$95,000. This amount will be reviewed periodically and updated via amendment to this Agreement. 
3) 
Either party may terminate this Agreement if in its judgment such action is necessary due to: 
a. 
Non-Availability of funds: Every payment obligation of the Parties under this 
Agreement is conditioned upon the availability of funds appropriated or allocated for 
the payment of such obligation. If funds are not allocated and available for the 
continuance of this Agreement, this Agreement may be terminated by the Parties at the 
end of the period for which funds are available. No liability shall accrue to the Parties 
in the event this provision is exercised, and the Parties shall not be obligated or liable 
for any future payments or for any damages as a result of termination under this 
paragraph; 
b. 
Either party's non-compliance with this Agreement. 
c. 
Pursuant to A.R.S. § 38-511 the Parties may cancel any Agreement without penalty or 
further obligation within three years after execution of the contract, if any person 
significantly involved in initiating, negotiating, securing, drafting or creating the 
contract on behalf of the County is at any time while the Agreement or any extension of 
the Agreement is in effect, an employee or agent of any other party to the Agreement in 
any capacity or consultant to any other party of the Agreement with respect to the 
subject matter of the Agreement. Additionally, pursuant to A.R.S § 38-511 the Parties 
may recoup any fee or commission paid or due to any person significantly involved in 
initiating, negotiating, securing, drafting or creating the contract on behalf of the Parties 
from any other party to the contract arising as the result of the Agreement. 
d. 
Any reason. 
4) 
Any termination of this contract must be in writing and sent via certified mail to the other party 
giving a 30-day notice prior to termination. 
5) 
Each party will pay its own costs incurred as a result of termination and if applicable, each party 
will return any of its tangible property left at or borrowed with permission from the other party. 
6) 
This Agreement shall be governed and interpreted by the laws of the State of Arizona. 
7) 
In the event of a dispute, the Parties agree to use arbitration to the extent required by A.R.S.§ 12-1518.

8) 
Any litigation arising from the Agreement or the performance thereof will be decided in the Federal or 
state courts of Maricopa County unless otherwise agreed to between the Parties. 
9) 
This Agreement may be amended only by the mutual written consent of authorized representatives for 
all Parties and requires Board approval. 
10) 
The provisions of this Agreement are severable. Any term or condition deemed illegal or invalid shall 
not affect any other term or condition of the Agreement. 
11) 
Either party's failure to insist on strict performance of any term or condition of the Agreement shall not 
be deemed a waiver of that term or condition even if the party accepting or acquiescing in the 
nonconforming performance knows of the nature of the performance and fails to object to it. 
12) 
In accordance with A.R.S. 41-4401, Subrecipient certifies compliance with all Federal immigration laws 
and regulations relating to employees and warrants its compliance with Section A.R.S. § 23-214, 
Subsection A. 
13) 
Each party shall comply with all applicable laws, ordinances, Executive Orders, rules, regulations, 
standards, and codes of the Federal, State, and Local government regardless of specific reference 
herein. The Parties agree that there will be no discrimination as to race, sex, religion, color, age, creed, 
or national origin in regard to obligations, work, and services performed under the terms of any 
contract ensuing from this engagement. The Parties will comply with the Executive Order No. 11246, 
entitled "Equal Employment Opportunity" and as amended by Executive Order No. 11375, as 
supplemented by the Department of Labor Regulations (41 CFR, Part 60). The Subrecipient shall 
comply with State Executive Order No. 2009-09 and all other applicable Federal and State laws, rules 
and regulations, including the Americans with Disabilities Act. All Parties shall take affirmative action 
to ensure that applicants for employment and employees are not discriminated against due to race, 
creed, color, religion, sex, national origin or disability. 
14) 
The Parties understand that any services that are described in the specifications or scope of work that 
directly serve the State of Arizona or its clients and involve access to secure or sensitive data or personal 
client data shall be performed within the defined clients and involve access to secure or sensitive data or 
personal client data shall be performed within the defined territories of the United States. Unless 
specifically stated otherwise in the specifications, this paragraph does not apply to indirect or overhead 
services, redundant back-up services or services that are incidental to the performance of the contract. 
This provision applies to work performed by subcontractors at all tiers. 
15) 
Written Certification Pursuant to A.R.S. § 35-393.01. If either party engages in for-profit activity and has 
10 or more employees, and if this Agreement has a value of $ 100,000 or more, each party certifies it is not 
currently engaged in, and agrees for the duration of this Agreement to not engage in, a boycott of goods or 
services from Israel. This certification does not apply to a boycott prohibited by 50 U.S.C. § 4842 or a 
regulation issued pursuant to 50 U.S.C. § 4842.ac 
16) 
Except as otherwise provided in law, in the performance of this Agreement, Parties hereto will be 
acting in their individual governmental capacities and not as agents, employees, or partners of the 
other party. The employees, agents, or subcontractors of one party shall not be deemed or construed to 
be the employees, agents, or subcontractors of the other party.

17) 
This Agreement is not intended to constitute, create, give rise to, or otherwise recognize a joint venture 
agreement, partnership or other formal business association or organization of any kind, and the right and 
obligations of the Parties shall be only those expressly set forth in this Agreement. 
18) 
Parties acknowledge that under this Agreement no employee or participant of the Subrecipient is to be 
considered a County employee, and that no rights of County merit, County retirement, or County 
personnel rules shall accrue to such individual. Subrecipient shall have total responsibility for all 
salaries, wages, bonuses, retirement, withholdings, workman's compensation, occupational disease 
compensation, unemployment compensation, other employee benefits, and all taxes and premiums 
appurtenant thereto concerning such individuals and shall save and hold the County harmless with 
respect thereto. 
19) 
To the extent permitted by law, each party will defend, indemnify and save the other party harmless, 
including any of the Parties' departments, agencies, officers, employees, elected officials or agents, 
from and against all loss, expense, damage or claim of any nature whatsoever which is caused by any 
activity, condition or event arising out of the performance or non-performance by the indemnifying 
party of any of the provisions of this Agreement. The Parties are responsible and liable for the acts and 
omissions of their own officers, agents or employees in connection with the performance of their 
official duties under this Agreement. 
20) 
The parties acknowledge and agree that the PARTIES to this Agreement are each self-insured. Minimum 
required coverage is: 
Commercial general liability. The subrecipient shall maintain "occurrence" form Commercial General 
Liability insurance with a limit of not less than $2,000,000 for each occurrence, $2,000,000 Products 
and Completed Operations Annual Aggregate, and a $4,000,000 General Aggregate Limit. The policy 
shall cover liability arising from premises, operations, independent contractors, products-completed 
operations, personal injury, advertising injury, bodily injury, property damage, and contractual liability. 
For any Service that involves children or at-risk individuals, the commercial general liability must 
include coverage for sexual abuse and molestation. If any Excess insurance is utilized to fulfill the 
requirements of this paragraph, the Excess insurance shall be "follow form" equal or broader in coverage 
and scope than underlying insurance. 
Automobile liability. If vehicles are used by the subrecipient to perform the Services, the subrecipient 
shall maintain Business Automobile Liability insurance with a limit of $2,000,000 each occurrence on 
the subrecipient's owned, hired, and non-owned vehicles assigned to or used in the performance of the 
Services. If vehicles are not used by the subrecipient to perform the Services, this requirement for 
Automobile Liability may be waived. If any Excess insurance is utilized to fulfill the requirements of 
this paragraph, the Excess insurance shall be "follow form" equal or broader in coverage scope than 
underlying insurance. 
Workers' compensation insurance. If the subrecipient has employees, the subrecipient shall maintain 
Workers' Compensation insurance to cover obligations imposed by federal and state statutes having 
jurisdiction of the subrecipient's employees engaged in the performance of Services under this 
Agreement and shall also maintain Employers' Liability Insurance of not less than $ 100,000 for each 
accident, $ 100,000 disease for each employee and $500,000 disease policy limit. 
21) 
Parties acknowledge and accept driver liability for injuries and accidents on behalf of their respective 
officers, officials, agents, employees, or volunteers when operating or controlling any vehicle

regardless of ownership at all times when conducting services for this agreement. Liability for any 
leased vehicle or any MCSO-owned/controlled vehicle will reside with the driver and not the vehicle 
owner. 
22) 
Work performed in this agreement will be coordinated by the MCSO Special Investigations Division 
Lieutenant or Captain. Assignments could be planned or incidental to other work and will occur on an 
as needed basis with no guarantee of hours. 
23) 
Payment request and payment. 
a. 
Subrecipient will submit its overtime reimbursement requests to MCSO Grants Unit within 30 
days of hours worked. 
b. 
Requests will include Date, Name, Serial Number, date overtime was worked and number of 
hours worked. 
c. 
Official payroll records will be required to support the request. 
d. 
Additional reimbursement request instructions may be provided by the MCSO ADHS contract 
coordinator. 
e. 
Approval/Authorization of payment for overtime hours worked is required by the MCSO ADHA 
contract coordinator on each request for reimbursement. 
e. 
MCSO will issue payments quarterly. 
f.  
Payment Contacts: 
ADCRR 
 
 
 
 
 
MCSO 
Robert Ellis, Deputy Assistant Director 
 
Cindy Turner, Grants Administrator 
701 E Jefferson Street, 2nd Floor 
 
 
550 W. Jackson Street 4th Floor  
Phoenix, AZ 85034  
 
 
 
Phoenix, AZ 85003 
rellis@azadc.gov 
 
 
 
 
cindyturner@mcso.maricopa.gov   
602-329-2260 
 
 
 
 
602-876-3266 
 
25) 
Subrecipient shall maintain current, complete and accurate records and accounts of all 
obligations and expenditures of funds under this agreement in accordance with generally 
accepted accounting principles facilitate on-site inspection and auditing of such records and 
accounts. 
 
26) 
Subrecipient shall retain all data and other records relating to the acquisition and performance 
of this Agreement for a period of (5) five years after the completion of the Agreement as 
required by A.RS. 35-214 and 35-215. All records shall be subject to inspection and audit by 
MCSO, Maricopa County Internal Audit, and the State of Arizona (State) at reasonable times. 
27) 
Billings for all outstanding obligations must be received by MCSO within 30 days of the date 
of termination of this agreement. MCSO will be responsible only for authorized obligations 
incurred by Subrecipient during the term of this agreement.

28) 
This document is the complete and exclusive statement of understanding between the Parties, 
and it supersedes all proposals, oral or written, and other documents or communications 
between the Parties relative to the subject matter herein covered, unless such documents or 
communications are specifically included by reference. 
29) 
All notices or other correspondence between the Parties regarding this Agreement shall be 
emailed or delivered to the respective Parties at the following addresses: 
ADCRR 
 
 
 
MCSO 
Inspector General 
 
 
Maricopa County Sheriff’s Office 
701 E. Jefferson Street 
 
Deputy Chief, Investigations Bureau 
Phoenix, AZ 85034  
 
550 W. Jackson Street 4th Floor  
rvega1@azadc.gov  
 
Phoenix, AZ 85003 
602-245-1839 
 
30) This Agreement may be executed in two or more counterparts, each of which shall be 
        deemed an original but all of which together shall constitute the same instrument. Faxed, 
        copied, electronic and scanned signatures are acceptable as original signatures.

IN WITNESS WHEREOF, the Parties hereto have entered into this IGA effective as of the date first 
written above. 
ADCRR: 
Maricopa County, a political subdivision of the State of Arizona 
Chief Procurement Officer 
Date 
Chairman, BOS  
Date 
ATTEST: 
ATTEST: 
Elena Adame, Deputy CPO 
Date 
Juanita Garza  
Date 
Clerk of the Court 
Deputy Chief 
Date 
Approved as to form: 
Assistant Attorney General 
Date 
Deputy County Attorney 
Date 
_____________________________
_____________________________
_____________________________
_____________________________
_____________________________
_____________________________
_____________________________