FY27-31 PROGRAM FUNDED TASK FORCE AGREEMENT.MCSO.PDF

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Drug Enforcement Administration
State and Local Law Enforcement Agency
Memorandum of Agreement
This agreement is made this _______ 1st day of______________, October 20_____, 26 between the United
States Department of Justice, Drug Enforcement Administration (hereinafter "DEA"), and the
__________________________________________________ Maricopa County Sheriff's Office (hereinafter “parent agency”),
ORI#_________________; AZ007000 Unique Entity Identifier (UEI#)__________________. JW5VMAWMCQR6 The DEA
is authorized to enter into this cooperative agreement concerning the use and abuse of
controlled substances under the provisions of 21 U.S.C. § 873.
WHEREAS there is evidence that trafficking in narcotics, dangerous drugs, controlled-
substance pharmaceuticals, and/or listed chemicals exists in the
__________________________________ Arizona area and that such illegal activity has a substantial
and detrimental effect on the health and general welfare of the people of
__________________________________, Arizona the parties hereto agree to the following:
1. The ______________________________________________ Phoenix Field Division (DEA ____________) Office
will perform the activities and duties described below:
a. Disrupt the illicit drug traffic in the ___________________________________ Arizona
area by immobilizing targeted violators and trafficking organizations;
b. Investigate, gather and report intelligence data relating to trafficking in narcotics
and dangerous drugs, trafficking of controlled pharmaceuticals and/or listed
chemicals; and
c. Conduct undercover operations where appropriate and engage in other traditional
methods of investigation in order that the DEA ____________’s Office activities will
result in effective prosecution before the courts of the United States and the State,
Commonwealth, or Territory of _____________________________________. Arizona
d. Investigate, disrupt and dismantle individuals and/or organizations involved in
diversion schemes (e.g., “doctor shopping,” prescription forgery, and prevalent
retail-level violators) of controlled pharmaceuticals and/or listed chemicals in the
___________________________________________ Arizona area; if applicable.
2. To accomplish the objectives of the DEA ____________, Office the parent agency agrees to
detail experienced officer(s) to the DEA ____________ Office for a period of not less than
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two years.1 During this period of assignment, the parent agency officer(s) will be
under the direct supervision of DEA supervisory personnel assigned to the DEA
____________. Office
3. The parent agency officer(s) assigned to the DEA ____________ Office shall adhere to all
DEA policies and procedures. Failure to adhere to DEA policies and procedures shall
be grounds for dismissal from the DEA ____________. Office Failure to complete
mandatory DEA training within the required timeframe shall be grounds for dismissal
from the DEA ____________. Office
4. In instances where parent agency policy or state/local law imposes a requirement that
is not addressed in DEA policy, the parent agency will promptly notify DEA and
provide DEA with written copies of the applicable law and/or policy. Whether the
parent agency officer will comply with parent agency policy in such instances will be
at the discretion of DEA.
5. The parent agency officers assigned to the DEA ____________ Office shall be deputized as
Task Force Officers pursuant to 21 U.S.C. § 878.
6. To accomplish the objectives of the DEA ____________, Office DEA will assign Special
Agent(s) and/or Diversion Investigator(s), if applicable, to the DEA ____________. Office
Other support to DEA office(s), including any overtime reimbursement, is funded on
the basis of whether the group is DEA Program Funded, Fee Funded (SPEAR), or
HIDTA Funded.
a) DEA Program Funded - To accomplish the objectives of the DEA
____________, Office DEA will assign DEA Special Agent(s) to the DEA
____________ Office and up to _______ two (______) 2 Task Force Officer(s). The parent
agency agrees to provide and maintain a vehicle for use for each of its
assigned Task Force Officers. DEA will also, subject to the availability of
annually appropriated funds or any continuing resolution thereof, provide
necessary funds and equipment to support the activities of the DEA Special
Agent(s) and parent agency officer(s) assigned to the DEA ____________. Office
This support will include: office space; office supplies; travel funds; funds for
the purchase of evidence and information; investigative equipment; training;
and other investigative support items.
b) Synthetics Precursors Enforcement and Regulations (SPEAR) (Fee
Funded) - DEA will, subject to the availability of annual Diversion Control
Fee Account (DCFA) funds, provide necessary funds, vehicles, and equipment
to support the activities of the DEA Special Agent(s) and up to _______ 0
(______) 0 Task Force Officer(s) assigned to the DEA ____________. Office This
support will include: vehicles; office space; office supplies; travel funds; funds
1 The number of oƯicers assigned cannot exceed the number of positions allocated by the Division’s Table of
Organization.
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for the purchase of evidence and information; investigative equipment;
training; and other investigative support items, as available DCFA funds
permit. While on duty and acting on DEA’s business, the parent agency
officer(s) assigned shall be subject to all DEA and federal government rules,
regulations and procedures governing the use of Official Government Vehicles
(OGVs) and home to work transportation when authorized. Accidents
involving vehicles while in use for DEA ____________ Office purposes shall be
reported and investigated in accordance with the procedures of DEA and the
parent agency.
c) High Intensity Drug Trafficking Areas (HIDTA) (HIDTA Funded) -
Subject to the availability of funding, and HIDTA planning and budgeting
guidance, HIDTA will provide funding to support the activities of Federal
Special Agents, and up to _______ one (______) 1 Task Force Officer(s), and other
specified employees (if any). This support will include: office space; office
supplies; travel funds; funds for the purchase of evidence and information;
investigative equipment; training; and other investigative support items. The
parties to this agreement understand that financial reimbursement to
participating organizations is subject to the budgeting, administrative and
managerial decisions of the HIDTA Executive Board, as well as the
availability of HIDTA funding (from whatever source).
Vehicles may be provided by the parent agency or furnished by DEA subject to
the availability and approval of HIDTA funding for vehicle leases. DEA may
request that HIDTA fund installation and removal of mobile radios in DEA
____________ Office vehicles and reimburse the parent agency for fuel,
maintenance, and repair attributable to use of the vehicles for DEA
____________ Office purposes. Accidents involving vehicles while in use for DEA
____________ Office purposes shall be reported and investigated in accordance with
the procedures of DEA and the parent agency.
While on duty and acting on DEA’s business, the parent agency officer(s)
assigned to the HIDTA group shall be subject to all DEA and federal
government rules, regulations and procedures governing the use of OGV and
home to work transportation when authorized.
d) DEA Provisional - DEA will also, subject to the availability of annually
appropriated funds or any continuing resolution thereof, provide necessary
funds and equipment to support the activities of the DEA Special Agent(s) and
up to _______ 0 (______) 0 Task Force Officer(s) assigned to the DEA
____________. Office This support will include: office space; office supplies; travel
funds; funds for the purchase of evidence and information; investigative
equipment; training; and other investigative support items. DEA does not
reimburse for Provisional TFO overtime, and vehicles must be provided by the
parent agency. Although DEA does not normally reimburse for Provisional
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TFO overtime, TFOs may be eligible to receive overtime from eligible funding
sources, subject to the availability of funds.
7. During the period of assignment to the DEA ____________, Office the parent agency will
remain responsible for establishing the salary and benefits, including overtime, of the
officer(s) assigned to the DEA ____________, Office and for making all payments due to
them. DEA will, subject to availability of funds, reimburse the parent agency for
overtime payments. Annual overtime for each state and local law enforcement officer
is capped at the equivalent to 25% of the salary of a GS-12, step 1, of the general pay
scale for the rest of the United States. Reimbursement for all types of qualified
expenses shall be contingent upon availability of funds and submission of a proper
request for reimbursement, which shall be submitted monthly on a fiscal year basis,
and which provides the name of each officer(s) who incurred overtime in support of
DEA investigations during invoiced period to include the number of overtime hours
incurred, the hourly regular and overtime rates in effect for each officer, and the total
cost for the invoiced period. If HIDTA funded, HIDTA will, subject to availability of
annually appropriated funds, reimburse the parent agency for overtime payments
incurred by its Task Force Officers. Each invoice submitted must include an invoice
number and invoice date. The parent agency will bill overtime as it is performed,
and no later than 30 days after the end of each month in which the overtime is
performed. The parent agency will submit invoices to
__________________________________ Phoenix Field Division (DEA Division) process coordinator email
box (________________________________________). invoice.phoenix@dea.gov Note: Task Force Officer’s
overtime “shall not include any costs for benefits, such as retirement, FICA, and
other expenses including taxes.”
8. In no event will the parent agency charge any indirect cost rate to DEA for the
administration or implementation of this agreement.
9. The parent agency shall maintain on a current basis complete and accurate records
and accounts of all obligations and expenditures of funds under this agreement in
accordance with generally accepted accounting principles and instructions provided
by DEA to facilitate on-site inspection and auditing of such records and accounts.
10. The parent agency shall permit and have readily available for examination and
auditing by DEA, the United States Department of Justice, the Comptroller General of
the United States and any of their duly authorized agents and representatives, any and
all records, documents, accounts, invoices, receipts, or expenditures relating to this
agreement. The parent agency shall maintain all such reports and records until all
audits and examinations are completed and resolved, or for a period of six (6) years
after termination of this agreement, whichever is later.
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11. The parties acknowledge and understand that the United States of America is liable
for the wrongful actions or inactions of Federal employees, including those Federal
employees deputized as Task Force Officers, who are acting within the scope of their
employment under the Federal Torts Claim Act (2 8 U.S.C §§ 2671 – 2680). This
may extend to representation of the covered employee if in the best interests of the
United States (28 C.F.R. § 50.15(a)(2)). A state or local employee participating in the
DEA group may concurrently or separately be covered for the purposes of liability by
their employer.
12. The parent agency shall comply with Title VI of the Civil Rights Act of 1964, Section
504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, as
amended, and all requirements imposed by or pursuant to the regulations of the
United States Department of Justice implementing those laws, 28 C.F.R. Part 42,
Subparts C, F, G, H and I.
13. The Parent Agency’s signature to this agreement certifies the Parent Agency’s
compliance with the certifications required under 2 C.F.R. Part 2867
(Nonprocurement Debarment and Suspension); 28 C.F.R. Part 69 (New Restrictions
on Lobbying); and 28 C.F.R. Part 83 (Government-Wide Requirements for Drug-Free
Workplace). DEA awards Federal funds under this cooperative agreement in reliance
upon the Parent Agency’s certification of compliance with these requirements. The
Parent Agency has accordingly reviewed these regulations.
14. When issuing statements, press releases requests for proposals, bid solicitations, and
other documents describing projects or programs funded in whole or part with federal
money, the parent agency shall clearly state: (1) percentage of the total cost of the
program or project which will be financed with federal money; and (2) the dollar
amount of federal funds for the program or project.
15. The term of this agreement shall be effective from the date in paragraph number one
until September 30, 2031. This agreement may be terminated by either party on thirty
(30) days’ advance written notice. DEA’s support to the DEA ____________, Office
including reimbursement of overtime, is subject to the availability of funds on a fiscal
year basis (October 1 through September 30 of the next year). Billing for all
outstanding obligations must be received by DEA within 30 days of the end of the
fiscal year or within 30 days of the date of termination of this agreement. DEA will
be responsible only for obligations incurred by parent agency during the term of this
agreement on a fiscal year basis, subject to the availability of funds.
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For the Drug Enforcement Administration:
Phoenix Field Division
Special Agent in Charge Division
Apolonio Ruiz, Jr.
Printed Name Date
For the Parent Agency:
Agency Head Date
Jerry Sheridan, Sheriff
Printed Name and Title
[END OF DOCUMENT]
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Drug Enforcement Administration
State and Local Law Enforcement Agency
Memorandum of Agreement
Maricopa County
_____________________________________________
Kate Brophy McGee Date
Chair of the Board of Supervisors
ATTEST:
_____________________________________________
Juanita Garza Date
Clerk of the Board of Supervisors
APPROVED AS TO FORM
This ____ day of ____________________, 20__
By: ___________________________________
Deputy Maricopa County Attorney