SUBRECIPIENT IGA MCSO_BUCKEYE2.PDF

2020 MCSO Subrecipient Agreement AMMA ISA w/ADHS 
 
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 SUB-RECIPIENT AGREEMENT BETWEEN  
Maricopa County  
by and through  
the Maricopa County Sheriff’s Office  
and the City of Buckeye  
for  
Unlawful Medical Marijuana Trafficking  
 
(Funded by the Arizona Department of Health Services) 
 
This Intergovernmental agreement is made this ____ day of ___________ 20____, between the 
Maricopa County acting through the Maricopa County Sheriff’s Office hereinafter “MCSO” and the 
City of Buckeye acting through its Police Department, 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 Interservice Agency Agreement ISA CTR040227, 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 (ISA 
CTR040227) 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 ISA 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:

2020 MCSO Subrecipient Agreement AMMA ISA w/ADHS 
 
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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 ISA CTR 040227.   
 
2) 
This agreement shall be for four years, retroactive to February 1, 2020  and ending 
January 30, 2024 or for the duration of the Interagency Service Agreement (ISA) 
between MCSO and ADHS and is effective 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 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

2020 MCSO Subrecipient Agreement AMMA ISA w/ADHS 
 
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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.RS. § 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 IGA 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's 
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

2020 MCSO Subrecipient Agreement AMMA ISA w/ADHS 
 
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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 VENDOR engages in for-
profit activity and has 10 or more employees, and if this Agreement has a value of 
$100,000 or more, VENDOR 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. 
 
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 IGA 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 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 Subrecipient’s insurance shall be primary insurance as respects performance of 
subject agreement. 
 All policies shall waive rights of recovery (subrogation) 
against Maricopa County, its agents, representatives, officers, directors, officials and 
employees for any claims arising out of work or Services performed by the 
subrecipient under this Agreement.

2020 MCSO Subrecipient Agreement AMMA ISA w/ADHS 
 
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21) 
If the subrecipient receives notice that any of the required policies of insurance are 
materially reduced or cancelled, it will be the subrecipient’s responsibility to provide 
prompt notice of same to the County, unless such coverage is immediately replaced 
with similar policies. 
22) 
Required coverage. 
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. 
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 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 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 Licensee has employees, the subrecipient 
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. 
 
23) 
Parties acknowledge and accept driver liability for injuries and accidents for 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 will reside with the driver and not the vehicle 
owner.  
 
24) 
Work performed in this agreement will be coordinated by MCSO Special 
Investigations Division Lieutenant, Ken Swingle.  Assignments could be planned or 
incidental to other work and will occur on an as needed basis with no guarantee of 
hours.   
 
25) 
Payment request and payment.

2020 MCSO Subrecipient Agreement AMMA ISA w/ADHS 
 
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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: 
 
City of Buckeye: 
 
 
MCSO: 
 
 
 
City of Buckeye PD  
 
Maricopa County Sheriff’s Office 
 
 
 
LaMar Brown  
 
 
Grants Administrator, Cindy Kenney 
 
 
LBrown@Buckeyeaz.gov 
 
550 W. Jackson Street 4th Floor 
 
 
 
623-349-6447  
 
 
Phoenix, AZ  85003 
 
 
 
 
 
 
 
 
c_kenney@mcso.maricopa.gov 
 
 
 
 
 
 
 
 
602-876-3266 
 
26) 
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.    
 
27) 
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 the State 
of Arizona (State) at reasonable times. 
 
28) 
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. 
 
29) 
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.

2020 MCSO Subrecipient Agreement AMMA ISA w/ADHS 
 
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30) 
All notices other correspondence between the Parties regarding this Agreement shall 
be mailed or delivered to the respective Parties at the following addresses:  
 
City of Buckeye: 
 
 
 
MCSO: 
Buckeye Police Department  
 
Maricopa County Sheriff’s Office 
 
 
_______________________                
Deputy Chief, Investigations Bureau 
 
 
 
21699 W Yuma Rd. #104 
 
 
550 W. Jackson Street,  
 
 
Buckeye, AZ, 85326  
 
 
Phoenix, AZ  85003 
 
 
 
 
 
 
 
 
r_morris@mcso.maricopa.gov 
 
 
 
 
 
 
31) 
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 as of the date of the last 
signature set forth below. 
 
City of Buckeye  
 
 
_________________________________   
Mayor  
 
 
          Date 
        
 
 
 
ATTEST: 
 
 
 
 
  
 
_________________________________ 
City Clerk 
 
                       Date 
 
 
 
 
 
 
 
 
Buckeye Police Department  
 
 
 
 
_________________________________ 
Larry Hall 
     
 
          Date 
Chief of Police 
 
 
 
 
 
Approved as to form:  
 
 
     
 
 
__________________________________ 
City Attorney                                   Date 
 
Maricopa County, a political subdivision 
of the State of Arizona 
 
_______________________________ 
Clint Hickman 
                  Date 
Chairman, Board of Supervisors 
 
 
 
 
ATTEST: 
 
_______________________________ 
Fran McCarroll,  
 
       Date         
Clerk of the Board 
 
Maricopa County Sheriff’s Office 
 
 
_______________________________ 
Paul Penzone  
                  Date 
Sheriff 
 
Approved as to form: 
 
 
_______________________________ 
Deputy County Attorney             Date 
Davina Bressler
Digitally signed by Davina Bressler 
DN: cn=Davina Bressler, o=MCAO, ou=Civil 
Division, 
email=bressled@mcao.maricopa.gov, c=US 
Date: 2020.07.02 13:04:18 -07'00'