FFY20 DEA PHOENIX TASK FORCE AGREEMENT.PDF

PROGRAM-FUNDED STATE AND LOCAL TASK FORCE AGREEMENT
BETWEEN
DRUG ENFORCEMENT ADMINISTRATION
AND
MARICOPA COUNTY
ORI# AZ0070000
This agreement is made this 1st day of October 2019, between the United States Department of
Justice, Drug Enforcement Administration (hereinafter “DEA”), and Maricopa County acting
through the Maricopa County Sheriff’s Office (hereinafter “MCSO”). 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 and dangerous drugs exists throughout
Arizona, and that such illegal activity has a substantial and detrimental effect on the health and
general welfare of the people of the State of Arizona, the parties hereto agree to the following:
1. This agreement shall be for two one-year terms. The first term will run from October 1, 2019,
to September 30, 2020, and the second term will run from October 1, 2020 to September 30,
2021. The agreement may be renewed for four 1-year renewal periods subject to the written
agreement of the parties and the availability for federal funding.
2. 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.
3. Any termination of this contract must be in writing, and sent certified mail to the other party
giving 30-days notice prior to termination.
2020 MCSO Program-Funded Agreement - Phoenix 1

4. The DEA Phoenix Task Force will perform the activities and duties described below:
a. disrupt the illicit drug traffic in the State of Arizona by immobilizing targeted violators and
trafficking organizations;
b. gather and report intelligence data relating to trafficking in narcotics and dangerous drugs;
and,
c. conduct undercover operations where appropriate and engage in other traditional methods of
investigation in order that the Task Force’s activities will result in effective prosecution
before the courts of the United States and the State of Arizona.
5. To accomplish the objectives of the DEA Phoenix Task Force, the MCSO agrees to detail three
(3) experienced Officers to the DEA Phoenix Task Force, for a period of not less than two years.
During this period of assignment, the MCSO Officers will be under the direct supervision and
control of DEA supervisory personnel assigned to the Task Force.
6. The MCSO Officers assigned to the Task Force shall adhere to DEA policies and procedures.
Failure to adhere to DEA policies and procedures shall be grounds for dismissal from the Task
Force.
7. The MCSO Officers assigned to the Task Forces shall be deputized as a Task Force Officer of
DEA pursuant to 21 U.S.C. §878.
8. To accomplish the objectives of the DEA Phoenix Task Force, DEA will assign nine (9) Special
Agents to the Task Force. 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 Agents and the MCSO Officers assigned to the DEA Phoenix
Task Force. This support will include: office space, office supplies, travel funds, funds for the
purchase of evidence and information, investigative equipment, training, and other support
items.
9. During the period of assignment to the DEA Phoenix Task Force, the MCSO will remain
responsible for establishing the salary and benefits, including overtime, of the MCSO Officers
assigned to the Phoenix Task Force, and for making all payments due them. DEA will, subject
to availability of funds, reimburse the MCSO for overtime payments made by MCSO to the
MCSO Officers assigned to the DEA Phoenix Task Force. Such reimbursement for overtime, is
limited to a sum up to and equivalent to 25 percent of the salary of a GS-12, Step 1, law
enforcement officer general schedule locality pay tables, rest of the United States table
(currently $18,649), per officer. Reimbursement for MCSO’s Officers overtime shall not
include any costs for benefits, such as retirement, FICA, and other expenses.
10. In no event will the MCSO charge any indirect cost rate to DEA for the administration or
implementation of this agreement.
2020 MCSO Program-Funded Agreement - Phoenix 2

11. The MCSO 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 instructions provided by DEA to facilitate on-site inspection
and auditing of such records and accounts.
12. The MCSO 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 MCSO shall maintain all such
reports and records until all litigation, claim, audits and examinations are completed and
resolved, or for a period of three (3) years after termination of this agreement, whichever is
later.
13. The MCSO 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.
14. The MCSO agrees that an authorized Officer or employee will execute and return to DEA the
attached OJP Form 4061/6, Certification Regarding Lobbying: Debarment, Suspension and
Other Responsibility Matters; and Drug-Free Workplace Requirements. The MCSO
acknowledges that this agreement will not take effect and no Federal funds will be awarded to
the MCSO by DEA until the completed certification is received.
15. When issuing statements, press releases, requests for proposals, bid solicitations, and other
documents describing projects or programs funded in whole or in part with federal money, the
MCSO shall clearly state: (1) the 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 project
or program.
16. Billings for all outstanding obligations must be received by DEA within 90 days of the date of
termination of this agreement. DEA will be responsible only for obligations incurred by MCSO
during the term of this agreement.
17. Except as otherwise provided in law, in the performance of this Agreement, both 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.
18. To the extent not inconsistent with Federal law, this Agreement shall be constructed under the
laws of the State of Arizona and shall incorporate by reference all laws governing the
intergovernmental agreements and mandatory contract provisions of the agencies required by
statute or executive order.
2020 MCSO Program-Funded Agreement - Phoenix 3

19. All notices, requests for payment, or other correspondence between the parties regarding this
Agreement shall be mailed or delivered to the respective parties at the following addresses:
For DEA: For MCSO:
Douglas W. Coleman Chief Deputy Russ Skinner
Special Agent in Charge 550 W. Jackson St.
Drug Enforcement Administration Phoenix, AZ 85003
3010 North Second Street, Suite 100, 602-876-1801
Phoenix, AZ 85012
571-362-0474
For the Drug Enforcement Administration:
________________________________________ Date:____________
Douglas W. Coleman
Special Agent in Charge
For the Maricopa County Sheriff’s Office:
_______________________________________ Date: ____________
Paul Penzone
Maricopa County Sheriff
For Maricopa County:
By:____________________________________ Date:____________
Chairman, Board of Supervisors
ATTEST:
By:____________________________________ Date: ____________
Clerk of the Board of Supervisors
APPROVED AS TO FORM:
This ____ day of ______, 2019
By:___________________________________
County Attorney’s Office
Attachment
2020 MCSO Program-Funded Agreement - Phoenix 4