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