IGA - MARICOPA COUNTY HIDTA ADCRR 2024-2026.PDF

INTERGOVERNMENTAL AGREEMENT   
between 
Maricopa County and the Arizona Department of Corrections Rehabilitation and Reentry 
regarding  
High Intensity Drug Trafficking Area Funds 
This Intergovernmental Agreement (this “IGA”) is made this 1st day of September, 2024, 
between Maricopa County acting through the Maricopa County Sheriff’s Office (hereinafter the 
“MCSO”) and the Arizona Department of Corrections Rehabilitation and Reentry (hereinafter 
“ADCRR” or the “Sub-recipient”). MCSO and ADCRR are referred to in this agreement 
individually as a “Party” or together as the “Parties.” 
RECITALS 
A. MCSO receives federal grant funding from the High Intensity Drug Trafficking Areas
program (“HIDTA”) to support initiatives designed to implement the strategy proposed by
the HIDTA Executive Board and Arizona HIDTA Leadership, and approved by the Office
of National Drug Control Policy; and
B. ADCRR is an active participant in HIDTA initiatives and has supervisors, officers, and/or
investigators assigned to the Maricopa County Drug Suppression Task Force (MCDST),
whereby funds are administered by MCSO.
C. The Parties have cooperated for many years on HIDTA objectives, and MCSO passes
through HIDTA funding and HIDTA grant-funded resources to ADCRR when appropriate.
D. Arizona Revised Statutes § 11-952 et seq. authorizes public agencies to enter into
Intergovernmental Agreements for the provision of services or for joint cooperative action.
TERMS and CONDITIONS 
In consideration of the foregoing Introduction and Recitals, the following mutual covenants and 
conditions, and other good and valuable consideration, the receipt and sufficiency of which are 
hereby acknowledged, the Parties agree as follows: 
I.
Term:
1.
This IGA is effective on the date first set forth above and ends June 30, 2026.
2.
The term of this IGA can be extended, prior to the termination date, by mutual
written agreement of the Parties.

II.
Scope:
1.
MCSO shall provide HIDTA grant funds and HIDTA grant-funded resources (the 
“Program Funds”) to ADCRR.  The Program Funds shall be used to support ADCRR 
law enforcement personnel working through the MCDST to investigate criminal 
organizations that operate drug labs and/or distribute narcotics within the State of 
Arizona.  Program Funds will not be used to supplant State and/or local funds that 
would otherwise be made available for such purposes.
2.
MCSO will authorize up to a total of $30,000 in overtime benefit percentage cost 
reimbursement from Program Funds for ADCRR supervisors, officers, and/or 
investigators participating in the MCDST.
3.
MCSO will authorize reimbursement for benefits/employer related expenses not 
exceeding the maximum allowed by HIDTA at the time of reimbursement.
4.
ADCRR agrees to submit overtime reimbursement requests for its MCDST-assigned 
supervisors, officers, and/or investigators as outlined above, to MCSO within 30 days 
of overtime incurred.
a.
Overtime reimbursement requests must include: a copy of the ADCRR 
payroll timesheet; the employee's name, overtime rate of pay, employee 
related expenses (ERE) information, number of hours worked, and the total 
dollar amount requested for reimbursement.
b.
The ADCRR acknowledges that it will fund the difference in cost for its 
assigned employees’ benefits/ERE and the maximum allowable 
reimbursement.
c.
Requests are to be mailed to: 
Maricopa County Sheriff’s Office  
Grants Administration 
550 West Jackson Street, 4th Floor 
Phoenix, AZ 85003 
5.
To further HIDTA objectives, the MCSO will provide leased vehicles and office
space, which includes utilities and telephone service, task force equipment (i.e. heavy
body armor, cellular phone, laptop computer, night vision equipment, etc.), and travel
and training for MCDST personnel.
a.
Liability for any leased vehicle or any MCSO owned/controlled vehicle will
reside with the driver and not the vehicle owner.
b.
The 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 and at all times when conducting services for this agreement. 
6. ADCRR 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, and facilitate on-site inspection and 
auditing of such records and accounts. 
7. ADCRR 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 at reasonable times. 
8. Notwithstanding any other provision of this Agreement to the contrary, the Parties 
acknowledge that they are subject to A.R.S. § 39-121 through 39-128 regarding 
public records. Any provision regarding confidentiality is limited to the extent 
necessary to comply with the provisions of Arizona law. 
 
9. This Agreement does not imply authority to perform any tasks, or acceptance of 
responsibility, not expressly stated in this Agreement. This Agreement does not 
create a duty or responsibility unless the intention to do so is clearly and 
unambiguously stated in the Agreement. 
 
III. 
Termination 
 
1. Either party may terminate this Agreement if in its judgment such action is necessary due to: 
 
a. 
Non-Availability of funds, meaning that 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. 
The other Party’s non-compliance with this Agreement. 
 
c. 
The provisions of A.RS. § 38-511, pursuant to which 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. 
 
2. Any termination of this contract must be in writing and sent by certified mail to the 
other Party, giving a 30-day notice prior to termination. 
3. Each Party will pay its own costs incurred as a result of termination and, if 
applicable, each Party will return any tangible property left behind by or 
borrowed with permission from the other Party. 
 
IV. 
General 
1.  This Agreement shall be governed and interpreted by the laws of the State of Arizona. 
2.  In the event of a dispute, the Parties agree to make use of arbitration to the extent 
required by A.RS. § 12- 1518. 
 
3.  Any litigation arising from this IGA or the performance thereof will be decided in 
the Federal or state courts of Maricopa County, unless otherwise agreed to between 
the Parties. 
 
4. This IGA may be amended only by the mutual written consent of authorized 
representatives for all Parties and said amendments shall require the approval of the 
Maricopa County Board of Supervisors. 
 
5.  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. 
 
6. 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 to the nonconforming performance fails to object to it. 
7. The Parties mutually warrant that in accordance with A.RS. § 41-4401, they are in 
compliance with all Federal immigration laws and regulations relating to employees. 
The Parties further warrant that do and will comply with the provisions of A.R.S. §

23-214 (A); 
 
a. 
A breach of a warranty under this subsection shall be deemed a material 
breach of the contract that is subject to penalties up to and including 
termination of the contract. 
 
b. 
The Parties mutually retain the legal right to inspect the papers of any 
contractor or subcontractor employee employed within the scope of this 
IGA, to ensure that the contractor or subcontractor is complying with the 
warranties provided under this subsection, and contractors or subcontractors 
shall make all papers and employment records of said employees(s) 
available during normal working hours in order to facilitate such an 
inspection. 
 
8. 
Each party shall comply with all applicable laws, ordinances, Executive Orders, rules, 
regulations, standards, and codes of relevant Federal, State, and Local governments 
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,” as amended by Executive Order No. 
11375 and as supplemented by the Department of Labor Regulations (41 CFR, Part 
60), with State Executive Order No. 2009-09, and with 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. 
9. 
Written Certification Pursuant to A.R.S. § 35-393.01. The Parties certify that they are 
not currently engaged in, and agree 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. 
10. 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. 
11. 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 rights and obligations of the Parties shall be only 
those expressly set forth in this Agreement. 
12. Parties acknowledge that under this IGA no employee or participant of the Sub-
recipient 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. Sub-
recipient 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. 
 
13. Certification Regarding Compliance with Federal Regulations Governing Debarment 
and Reporting: 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 certifies that, to the best of its knowledge and belief, it and its 
principals are not presently debarred, suspended, proposed for debarment, declared 
ineligible, or voluntarily excluded from participation in Federal assistance programs 
or activities as contemplated by 2 C.F.R. Section 200.213, and that the City shall 
comply with 2 C.F.R. Section 200.113 with respect to reporting any violations of 
Federal criminal law and certain civil proceedings. 
 
V. 
Insurance and Indemnification 
 
1. 
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. 
2. 
The parties acknowledge and agree that the PARTIES to this Agreement are each 
self-insured. Minimum required coverage is: 
 
a) 
Commercial general liability. The Licensee 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. 
 
b) 
Automobile liability. If vehicles are used by the sub-recipient to perform 
the Services, the sub-recipient shall maintain Business Automobile 
Liability insurance with a limit of $2,000,000 each occurrence on the 
Licensee's owned, hired, and non-owned vehicles assigned to or used in 
the performance of the Services. If vehicles are not used by the sub-
recipient 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. 
 
c) 
Workers' compensation insurance. If the Licensee has employees, the 
sub-recipient shall maintain Workers' Compensation insurance to cover 
obligations imposed by federal and state statutes having jurisdiction of 
the Licensee'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. 
VI. 
Miscellaneous 
1. 
This document is the complete and exclusive statement of the understanding 
between the parties, and it supersedes all proposals, oral or written, and all other 
documents or communications between the parties relative to the subject matter 
herein covered, unless such documents or communications are specifically 
included by reference. 
2. 
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 and scanned signatures are acceptable as original 
signatures. 
 
3. 
Any amendments, including all requests for additional services, shall be in 
writing and signed by both parties to this Agreement. 
 
4. 
All notices required under this agreement to be given in writing shall be sent to:

For MCSO:  
 
Maricopa County Sheriff’s Office  
Cindy Turner, Grant Administrator  
CindyTurner@MCSO.Maricopa.gov 
 
For ADCRR: 
 
Arizona Department of Corrections, Rehabilitation and Reentry   
Kerry Wells, Chief Procurement Officer 
kerry.wells@azdoa.gov 
 
 
 
 
 
 
 
[Signatures on Following Page]

Intergovernmental Agreement Regarding HIDTA Funds 
 
 
IN WITNESS WHEREOF, the Parties have made and executed this IGA the day and year first 
above written. 
 
 
Arizona Department of Corrections 
 Maricopa County Board of Supervisors 
Rehabilitation and Reentry  
 
 
 
____________________________                           _____________________________ 
Kerry Wells, Chief Procurement Officer 
Chairman of the Board 
    
 
 
ATTEST:                                                                   ATTEST: 
 
____________________________                           _____________________________ 
Elena Adame, Deputy CPO                                       Clerk of the Board 
 
 
 
 
 
Arizona Department of Corrections  
Maricopa County Sheriff’s Office 
Rehabilitation and Reentry 
 
 
 
 
_____________________________  
           ______________________________ 
Inspector General 
 
Sheriff                                       
 
IN ACCORDANCE WITH A.R.S. § 11-952 THIS AGREEMENT HAS BEEN REVIEWED BY 
THE UNDERSIGNED, WHO HAVE DETERMINED ON BEHALF OF THEIR RESPECTIVE 
CLIENTS THAT IT IS IN APPROPRIATE FORM AND WITHIN THE POWERS AND 
AUTHORITY GRANTED BY LAW TO THEIR RESPECTIVE CLIENTS. 
For ADCRR: 
For Maricopa County: 
   
 
______________________________ 
          _______________________________ 
Assistant Attorney General 
 
 
          Deputy County Attorney