IGA - MARICOPA COUNTY HIDTA TEMPE SIGNED.PDF

€2023-176

INTERGOVERNMENTAL AGREEMENT
between
Maricopa County and the City of Tempe
regarding
High Intensity Drug Trafficking Area Funds

This Intergovernmental Agreement (this “IGA”) is made this day of

2023, between Maricopa County acting through the Maricopa County Sheriffs Office (hereinafter
the “MCSO”) and the City of Tempe acting through its Police Department (hereinafter “Tempe”
or the “Sub-recipient”). MCSO and Tempe 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. Tempe 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 would like
to pass through HIDTA funding and HIDTA grant-funded resources to Tempe 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:

L Term:
1. This IGA is effective on the date first set forth above and ends June 30. 2024.
2. The term of this IGA can be extended, prior to the termination date, by mutual

written agreement of the Parties.
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IL.

Scope:

1.

MCSO shall provide HIDTA grant funds and HIDTA grant-funded resources (the
“Program Funds”) to Tempe. The Program Funds shall be used to support Tempe
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.

MCSO will authorize up to a total of $30,000 in overtime cost reimbursement from
Program Funds for Tempe supervisors, officers, and/or investigators participating in
the MCDST.

MCSO will authorize reimbursement for benefits/employer related expenses not
exceeding the maximum allowed by HIDTA at the time of reimbursement.

The Tempe Police Department 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 Tempe
payroll time sheet; 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 Tempe Police Department acknowledges that it will fund the difference
in cost for its assigned employees’ benefits/ERE and the maximum
allowable reimbursement.

Cc. Requests are to be emailed to:
meso_accounts_payable@mcso.maricopa.gov

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

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Il.

ownership and at all times when conducting services for this agreement.

Tempe 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.

Tempe 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.

Notwithstanding any other provision of this Agreement to the contrary, the Parties
acknowledge that they are subject to A.R.S. § 39-12] through 39-128 regarding
public records. Any provision regarding confidentiality is limited to the extent
necessary to comply with the provisions of Arizona law.

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.

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

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IV.

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.

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);

10.

11.

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.

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.

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.

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.

This Agreement is not intended to constitute, create, give rise to, or otherwise
recognize a joint venture agreement, partnership, or other formal business association

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12.

13.

or organization of any kind, and the rights and obligations of the Parties shall be only
those expressly set forth in this Agreement.

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.

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.

Vv. 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.

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

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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

lL.

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.

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.

Any amendments, including all requests for additional services, shall be in
writing and signed by both parties to this Agreement.

All notices required under this agreement to be given in writing shall be sent to:

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For MCSO:

Maricopa County Sheriffs Office
Cindy Kenney, Grant Administrator
CKenney(@MCSO.Maricopa.gov

For Tempe:
City of Tempe Police Department

Dreamlyn Johnson, Grant Coordinator
Dreamlyn_johnson@tempe.gov

[Signatures on Following Page]

€2023-176

Intergovernmental Agreement Regarding HIDTA Funds

IN WITNESS WHEREOF, the Parties have made and executed this IGA the day and year first
above written.

City of Tempe Maricopa County Board of Supervisors
Ze Reve Poebacet

City Manager Chairman of the Board

ATTEST: ATTEST:

City Clerk - Tnteri im Clerk of the Board

Tempe Police Department Maricopa County Sheriff's Office

Chief of Police a 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 Tempe: For Maricopa County:

Jen BO.

City Attorney Deputy County Attorney