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INTERGOVERNMENTAL AGREEMENT BETWEEN
Maricopa County
by and through
the Maricopa County Sheriff’s Office
and the City of Buckeye
Regarding HIDTA
C-50-____-____-____-00
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 “Buckeye”, or “Sub-recipient,” together the “Parties.”
WHEREAS MCSO receives federal grant from High Intensity Drug Trafficking Areas (HIDTA) program to support
initiatives designed to implement the Strategy proposed by the Executive Board of the SWB – Arizona HIDTA and
approved by the Office of National Drug Control Policy (ONDCP).
WHEREAS Buckeye is an active partner in HIDTA and has an officer assigned to the Maricopa County High
Intensity Drug Trafficking Area (HIDTA) Maricopa County Drug Suppression Task Force (MCDST) whereby funds
are administered by MCSO.
WHEREAS the Parties have cooperated for many years in HIDTA initiatives and MCSO passes through HIDTA
funding and HIDTA grant funded resources to Buckeye.
WHEREAS, 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. The parties agree to the following terms and
conditions.
TERMS and CONDITIONS:
This IGA supersedes and replaces IGA C-50-19-055-3-00, approved February 2019, and Amendment 1 C-50-19-
055-3-01, approved December 2019.
I.
Term:
1.
This IGA is effective May 1, 2020 and upon signature by the Parties and ends April 30, 2021.
2.
The term of this IGA can be extended by amendment prior to the termination date and by mutual
written consent of authorized representatives for all Parties.
II.
Scope:
1.
The program funds shall be used to support and enhance Buckeye officers as they participate in
named activities. These funds will not be used to supplant State and/or local funds that would
otherwise be made available for such purposes.
2.
That MCSO will authorize cost overtime reimbursement up to $12,000 total to the Buckeye officer
assisting in the investigation of criminal organizations that operate drug labs and/or distribute
narcotics within the State of Arizona. This reimbursement amount includes and cannot exceed the
HIDTA maximum allowable benefits/employer related expense at the time of reimbursement,
currently 15%.
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3.
The Buckeye Police Department agrees to submit overtime reimbursement requests for its HIDTA
assigned office/investigator to specified operations as outlined in item II.2., above, to MCSO
within 30 days of overtime incurred:
a.
Requests must include: a copy of the Buckeye payroll time sheet; the investigator’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 Buckeye Police Department acknowledges it will fund the difference in cost for its
assigned employee’s benefits/ERE and the maximum allowable.
.
c.
Requests are to be mailed to:
Maricopa County Sheriff’s Office
Grants Administration
550 West Jackson Street, 4th Floor
Phoenix, AZ 85003
4.
The MCSO will provide one leased vehicle and office space for HIDTA Task Force personnel,
which includes utilities and telephone service; and travel and training to further HIDTA
objectives.
a.
Liability for the leased vehicle or any MCSO owned/controlled vehicle will reside with
the driver and not the vehicle owner.
b.
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.
5.
Buckeye 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.
6.
Buckeye 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.
7.
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.
8.
This Agreement does not imply authority to perform any tasks, or acceptance 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.
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III.
Termination
1.
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.
2.
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.
3.
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.
4.
Any financial contributions made by the terminating party under the terms of this Agreement shall
be reimbursed to the terminative party on a pro-rata basis.
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 use arbitration to the extent required by A.RS. § 12-
1518.
3.
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.
4.
This IGA may be amended only by the mutual written consent of authorized representatives for all
Parties and requires Board approval.
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.
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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
in the nonconforming performance knows of the nature of the performance and fails to object to it.
7.
Parties mutually warrant that in accordance with A.R.S. § 41-4401, they are in compliance with all
Federal immigration laws and regulations relating to employees and warrants its compliance with
Section 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;
a.
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;
b. 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 I order to facilitate such an inspection.
8.
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). Buckeye 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.
9.
Written Certification Pursuant to A.R.S. § 35-393.01. If Buckeye engages in for-profit activity
and has 10 or more employees, and if this Agreement has a value of $100,000 or more, Buckeye
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.
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 right 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 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
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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 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 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.
c)
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.
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VI.
Miscellaneous
1.
This document is the complete and exclusive statement of 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:
Maricopa County Sheriff’s Office
City of Buckeye
Cindy Kenney, Grant Administrator
LaMar Brown, Grant Programs
Administrator
C_Kenney@MCSO.Maricopa.gov
LBrown@Buckeyeaz.gov
602-876-3266
623-349-6447
[This space left blank intentionally.]
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Intergovernmental Agreement Regarding HIDTA
IN WITNESS WHEREOF, the parties have made and executed the Agreement the day and year first above written.
City of Buckeye
Maricopa County Board of Supervisors
_________________________________
___________________________________
Mayor
Date
Chairman of the Board
Date
ATTEST:
ATTEST:
__________________________________
____________________________________
City Clerk
Date
Clerk of the Board
Date
Buckeye Police Department
Maricopa County Sheriff’s Office
_________________________________
___________________________________
Chief of Police
Date
Sheriff
Date
IN ACCORDANCE WITH A.R.S. § 11-952 THIS AGREEMENT HAS BEEN REVIEWD BY THE UNDERSIGNED ON
BEHALF OF THEIR RESPECTIVE CLIENTS AND WHO HAVE DETERMINED THAT IT IS IN APPROPRIATE FORM
AND WITHIN THE POWERS AND AUTHROITY GRANTED TO THEIR RESPECTIVE PUBLIC BODY ONLY.
Buckeye City Attorney
Maricopa County
____________________________________
___________________________________
City Attorney
Date
Deputy County Attorney Date