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April 22, 2019 Sheriff Paul Penzone Maricopa County Sheriff's Office 550 W. Jackson Street, # 1900 Phoenix, AZ 85003-2412 Dear Sheriff Penzone: We are pleased to inform you that your request for funding from the High Intensity Drug Trafficking Areas (HIDTA) Program has been approved, and a grant (Grant Number G19SA0005A) has been awarded in the amount of $641,666.00. This grant will 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). The original Grant Agreement, including certain Special Conditions, is enclosed. By accepting this grant, you assume the administrative and financial responsibilities outlined in the enclosed Grant Conditions, including the timely submission of all financial and programmatic reports, the resolution of audit findings, and the maintenance of a minimum level of cash-on-hand. Should your organization not adhere to these terms and conditions, ONDCP may terminate the grant for cause or take other administrative action. If you accept this award, please sign both the Grant Agreement and the Grant Conditions and return a copy to: Finance Unit National HIDTA Assistance Center 11200 NW 20th Street, Suite 100 Miami, FL 33172 (305) 715-7600 Or via email to your respective NHAC accountant. Please keep the original copy of the Grant Agreement and Grant Conditions for your file. If you have any questions pertaining to this grant award, please contact Sherri Lucas at (202) 395 - 5506. Sincerely, Shannon Kelly National HIDTA Director Page 1 of 8 Executive Office of the President Grant Agreement Office of National Drug Control Policy 1. Recipient Name and Address 4. Award Number (FAIN): G19SA0005A Paul Penzone Maricopa County Sheriff's Office 5. Period of Performance: 550 W. Jackson Street # 1900 From 01/01/2019 to 12/31/2020 Phoenix, AZ 85003-2412 2. Total Amount of the Federal Funds Obligated: 6. Federal Award Date: 7. Action: $641,666 April 22, 2019 Initial 2A. Budget Approved by the Federal Awarding 8. Supplement Number Agency $641,666 3. CFDA Name and Number: 9. Previous Award Amount: High Intensity Drug Trafficking Areas Program - 95.001 3A. Project Description 10. Amount of Federal Funds Obligated by this Action: $641,666.00 High Intensity Drug Trafficking Areas (HIDTA) 11. Total Amount of Federal Award: Program $641,666.00 12. This Grant is non-R&D and approved subject to such conditions or limitations as are set forth on the attached pages. 13. Statutory Authority for Grant: Public Law 116-6 AGENCY APPROVAL RECIPIENT ACCEPTANCE 14. Typed Name and Title of Approving Official 15. Typed Name and Title of Authorized Official Shannon Kelly Bill Gates, Chairman National HIDTA Director Office of National Drug Control Policy Maricopa County Board of Supervisors 16. Signature of Approving ONDCP Official 17. Signature of Authorized Recipient/Date AGENCY USE ONLY 18. Accounting Classification Code 19. HIDTA AWARD DUNS: 137783556 OND1070DB1920XX OND6113 EIN: 1866000472B6 OND2000000000 OC 410001 Grant G19SA0005A Page 2 of 8 GRANT CONDITIONS A. General Terms and Conditions 1. This award is subject to The Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 C.F.R. Part 200 (the “Part 200 Uniform Requirements”), as adopted and implemented by the Office of National Drug Control Policy (ONDCP) in 2 C.F.R. Part 3603. For this award, the Part 200 Uniform Requirements supersede, among other things, the provisions of 28 C.F.R. Parts 66 and 70, as well as those of 2 C.F.R. Parts 215, 220, 225, and 230. For more information on the Part 200 Uniform Requirements, see https://cfo.gov/cofar/. For specific, award-related questions, recipients should contact ONDCP promptly for clarification. 2. This award is subject to the following additional regulations and requirements: = 28 CFR Part 69 – “New Restrictions on Lobbying” = Conflict of Interest and Mandatory Disclosure Requirements, set out in paragraph 7 of these terms and conditions = Non-profit Certifications (when applicable) 3. Audits conducted pursuant to 2 CFR Part 200, Subpart F, “Audit Requirements” must be submitted no later than nine months after the close of the grantee’s audited fiscal year to the Federal Audit Clearinghouse at https://harvester.census.gov/facweb/. 4. Grantees are required to submit Federal Financial Reports (FFR) to the Department of Health and Human Services, Division of Payment Management (HHS/DPM). Federal Financial Report is required to be submitted quarterly and within 90 days after the grant is closed out. 5. The recipient gives the awarding agency or the Government Accountability Office, through any authorized representative, access to, and the right to examine, all paper or electronic records related to the grant. 6. Recipients of HIDTA funds are not agents of ONDCP. Accordingly, the grantee, its fiscal agent (s), employees, contractors, as well as state, local, and Federal participants, either on a collective basis or on a personal level, shall not hold themselves out as being part of, or representing, the Executive Office of the President or ONDCP. These general terms and conditions, as well as archives of previous versions of the general terms and conditions, are available online at www.whitehouse.gov/ondcp/grants. 7. Conflict of Interest and Mandatory Disclosures A. Conflict of Interest Requirements Grant G19SA0005A Page 3 of 8 As a non-Federal entity, you must follow ONDCP’s conflict of interest policies for Federal awards. Recipients must disclose in writing any potential conflict of interest to an ONDCP Program Officer; recipients that are pass-through entities must require disclosure from subrecipients or contractors. This disclosure must take place immediately whether you are an applicant or have an active ONDCP award. The ONDCP conflict of interest policies apply to sub-awards as well as contracts, and are as follows: i. As a non-Federal entity, you must maintain written standards of conduct covering conflicts of interest and governing the performance of your employees engaged in the selection, award, and administration of subawards and contracts. ii. None of your employees may participate in the selection, award, or administration of a subaward or contract supported by a Federal award if he or she has a real or apparent conflict of interest. Such a conflict of interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or other interest in or a tangible personal benefit from an organization considered for a sub- award or contract. The officers, employees, and agents of the non-Federal entity must neither solicit nor accept gratuities, favors, or anything of monetary value from subrecipients or contractors or parties to subawards or contracts. iii. If you have a parent, affiliate, or subsidiary organization that is not a state, local government, or Native American tribe, you must also maintain written standards of conduct covering organizational conflicts of interest. Organizational conflicts of interest means that because of relationships with a parent company, affiliate, or subsidiary organization, you are unable or appear to be unable to be impartial in conducting a sub-award or procurement action involving a related organization. B. Mandatory Disclosure Requirement As a non-Federal entity, you must disclose, in a timely manner, in writing to ONDCP all violations of Federal criminal law involving fraud, bribery or gratuity violations potentially affecting the Federal award. Non-Federal entities that have received a Federal award that includes the term and condition outlined in 200 CFR Part 200, Appendix XII “Award Term and Condition for Recipient Integrity and Performance Matters,” are required to report certain civil, criminal, or administrative proceedings to System for Award Management (SAM). Failure to make required disclosures can result in remedies such as: temporary withholding of payments pending correction of the deficiency, disallowance of all or part of the costs associated with noncompliance, suspension, termination of award, debarment, or other legally available remedies outlined in 2 CFR 200.338 “Remedies for Noncompliance”. 8. Federal Funding Accountability and Transparency (FFATA) / Digital Accountability and Transparency Act (DATA Act). Each applicant is required to (i) Be registered in SAM before submitting its application; (ii) provide a valid DUNS number in its application; (iii) continue to maintain an active System for Award Management registration with current information at all times during which it has an active Federal award; and (iv) provide all relevant grantee information required for ONDCP to collect for reporting related to FFATA and DATA Act requirements. 9. Subawards are authorized under this grant award. Subawards must be monitored by the award recipient as outlined in 2 CFR 200.331. Grant G19SA0005A Page 4 of 8 10. Recipients must comply with the Government-wide Suspension and Debarment provision set forth at 2 CFR Part 180, dealing with all sub-awards and contracts issued under the grant. 11. As specified in the HIDTA Program Policy and Budget Guidance, recipient must: a) Establish and maintain effective internal controls over the Federal award that provides reasonable assurance that Federal award funds are managed in compliance with Federal statutes, regulations and award terms and conditions. These internal controls should be in compliance with the guidance in “Standards for Internal Control in the Federal Government,” issued by the Comptroller General of the United States and the “Internal Control Integrated Framework,” issued by the Committee of Sponsoring Organizations of the Treadway Commission (COSO). b) Comply with Federal statutes, regulations, and the terms and conditions of the Federal awards. c) Evaluate and monitor compliance with applicable statute and regulations, and the terms and conditions of the Federal award. d) Take prompt action when instances of noncompliance are identified, including noncompliance identified in audit findings. e) Take reasonable measures to safeguard protected PII and other information ONDCP or the recipient designates consistent with applicable Federal, state, and local laws regarding privacy and obligations of confidentiality. B. Recipient Integrity and Performance Matters Reporting of Matters Related to Recipient Integrity and Performance 1. General Reporting Requirement If the total value of your currently active grants, cooperative agreements, and procurement contracts from all Federal awarding agencies exceeds $10,000,000 for any period of time during the period of performance of this Federal award, then you as the recipient during that period of time must maintain and report current information to the SAM that is made available in the designated integrity and performance system (currently the Federal Awardee Performance and Integrity Information System (FAPIIS)) about civil, criminal, or administrative proceedings described in paragraph 2 of this award term and condition (below). This is a statutory requirement under section 872 of Public Law 110-417, as amended (41 U.S.C. 2313). As required by section 3010 of Public Law 111-212, all information posted in the designated integrity and performance system on or after April 15, 2011, except past performance reviews required for Federal procurement contracts, will be publicly available. 2. Proceedings About Which You Must Report Submit the information required about each proceeding that: a. Is in connection with the award or performance of a grant, cooperative agreement, or procurement contract from the Federal Government; b. Reached its final disposition during the most recent 5 year period; and c. Is one of the following: Grant G19SA0005A Page 5 of 8 (1) A criminal proceeding that resulted in a conviction, as defined in paragraph 5 of this award term and condition (below); (2) A civil proceeding that resulted in a finding of fault and liability and payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more; (3) An administrative proceeding, as defined in paragraph 5 of this award term and condition, that resulted in a finding of fault and liability and your payment of either a monetary fine or penalty of $5,000 or more or reimbursement, restitution, or damages in excess of $100,000; or (4) Any other criminal, civil, or administrative proceeding if: (i) It could have led to an outcome described in paragraph 2.c.(1), (2), or (3) of this award term and condition; (ii) It had a different disposition arrived at by consent or compromise with an acknowledgment of fault on your part; and (iii) The requirement in this award term and condition to disclose information about the proceeding does not conflict with applicable laws and regulations. 3. Reporting Procedures Enter in the SAM Entity Management area the information that SAM requires about each proceeding described in paragraph 2 of this award term and condition. You do not need to submit the information a second time under assistance awards that you received if you already provided the information through SAM because you were required to do so under Federal procurement contracts that you were awarded. 4. Reporting Frequency During any period of time when you are subject to the requirement in paragraph 1 of this award term and condition, you must report proceedings information through SAM for the most recent 5 year period, either to report new information about any proceeding(s) that you have not reported previously or affirm that there is no new information to report. Recipients that have Federal contract, grant, and cooperative agreement awards with a cumulative total value greater than $10,000,000 must disclose semiannually any information about the criminal, civil, and administrative proceedings. 5. Definitions For purposes of this award term and condition: a. Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative proceedings, Civilian Board of Contract Appeals proceedings, and Armed Services Board of Contract Appeals proceedings). This includes proceedings at the Federal and state level, but only in connection with performance of a Federal contract or grant. It does not include audits, site visits, corrective plans, or inspection of deliverables. b. Conviction, for purposes of this award term and condition, means a judgment or conviction of a criminal offense by any court of competent jurisdiction, whether entered upon a verdict or a plea, and includes a conviction entered upon a plea of nolo contendere. c. Total value of currently active grants, cooperative agreements, and procurement contracts includes— (1) Only the Federal share of the funding under any Federal award with a recipient cost share or match; and Grant G19SA0005A Page 6 of 8 (2) The value of all expected funding increments under a Federal award and options, even if not yet exercised. C. Program Specific Terms and Conditions The following special conditions are incorporated into each award document. 1. This grant is awarded for above program. Variation from the description of activities approved by ONDCP and/or from the budget attached to this letter must comply with the reprogramming requirements as set forth in ONDCP’s HIDTA Program Policy and Budget Guidance (PPBG). 2. This award is subject to the requirements in ONDCP’s HIDTA PPBG. 3. No HIDTA funds shall be used to supplant state or local funds that would otherwise be made available for the same purposes. 4. The requirements of 28 CFR Part 23, which pertain to information collection and management of criminal intelligence systems, shall apply to any such systems supported by this award. 5. Special accounting and control procedures must govern the use and handling of HIDTA Program funds for confidential expenditures; i.e., the purchase of information, evidence, and services for undercover operations. Those procedures are described in Section 6 of the HIDTA Program Policy and Budget Guidance. 6. Property acquired with these HIDTA grant funds is to be used for activities of the SWB - Arizona HIDTA. If your agency acquires property with these funds and then ceases to participate in the HIDTA, this equipment must be made available to the HIDTA’s Executive Board for use by other HIDTA participants. 7. All law enforcement entities that receive funds from this grant must report all methamphetamine laboratory seizure data to the National Clandestine Laboratory Database/National Seizure System at the El Paso Intelligence Center. D. Federal Award Performance Goals 1. All entities that receive funds from this award are responsible for achieving performance goals established in the HIDTA Performance Management Process (PMP) and approved by the HIDTA’s Executive Board and ONDCP. 2. All entities that receive funds from this award must report progress in achieving performance goals at least quarterly using the PMP. See also Section A. 4 regarding Federal Financial Reports. E. Payment Basis 1. A request for Advance or Reimbursement shall be made using the HHS/DPM system (https://pms.psc.gov/). 2. The grantee, must utilize the object classes specified within the initial grant application each time they submit a disbursement request to ONDCP. Requests for payment in the DPM system will not be approved unless the required disbursements have been entered using the corresponding object class designations. Payments will be made via Electronic Fund Transfer to the award recipient’s bank account. The bank must be Federal Deposit Insurance Corporation (FDIC) insured. The account must be interest bearing. Grant G19SA0005A Page 7 of 8 3. Except for interest earned on advances of funds exempt under the Intergovernmental Cooperation Act (31 U.S.C. 6501 et seq.) and the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450), awardees and sub-awardees shall promptly, but at least annually, remit interest earned on advances to HHS/DPM using the remittance instructions provided below. Remittance Instructions - Remittances must include pertinent information of the payee and nature of payment in the memo area (often referred to as “addenda records” by Financial Institutions) as that will assist in the timely posting of interest earned on Federal funds. Pertinent details include the Payee Account Number (PAN), reason for check (remittance of interest earned on advance payments), check number (if applicable), awardee name, award number, interest period covered, and contact name and number. The remittance must be submitted as follows: Through an electronic medium using either Automated Clearing House (ACH) network or a Fedwire Funds Service payment. (i) For ACH Returns: Routing Number: 051036706 Account number: 303000 Bank Name and Location: Credit Gateway—ACH Receiver St. Paul, MN (ii) For Fedwire Returns*: Routing Number: 021030004 Account number: 75010501 Bank Name and Location: Federal Reserve Bank Treas NYC/Funds Transfer Division New York, NY (* Please note organization initiating payment is likely to incur a charge from your Financial Institution for this type of payment) For recipients that do not have electronic remittance capability, please make check** payable to: “The Department of Health and Human Services.” Mail Check to Treasury approved lockbox: HHS Program Support Center, P.O. Box 530231, Atlanta, GA 30353-0231 (** Please allow 4-6 weeks for processing of a payment by check to be applied to the appropriate PMS account) Any additional information/instructions may be found on the PMS Web site at http://pms.psc.gov/. 4. The grantee or subgrantee may keep interest amounts up to $500 per year for administrative purposes. Grant G19SA0005A Page 8 of 8 RECIPIENT ACCEPTANCE OF GRANT CONDITIONS Date: Bill Gates Maricopa County on behalf of Maricopa County Sheriff's Office Maricopa County ATTEST: Fran McCarroll Date Clerk of the Board of Supervisors APPROVED AS TO FORM This ____ day of ____________________, 2019 By: ___________________________________ Deputy Maricopa County Attorney Grant G19SA0005A G19SA0005A G19SA0005A Type Intelligence Interdiction Investigation Cash 73,648.00 458,241.00 109,777.00 641,666.00 641,666.00 Drug and Center Investigative County Support HIDTA (ISC) Center Maricopa Taskforce Intelligence Investigative Office Initiative Arizona Support - MCDST Suppression Metro Technical (MISTIC) Sheriff's Office County ONDCP) Sheriff's Maricopa HIDTA by County : Total Name by approved Agency Maricopa Agency Cash (as Budget PM Initiative Arizona 7:44:16 2019 FY Awarded HIDTA - SWB Total 4/12/2019 Budget Detail 2019 - SWB - Arizona Initiative - Arizona HIDTA Investigative Support Center (ISC) Intelligence Award Recipient - Maricopa County Sheriff's Office (G19SA0005A) Resource Recipient - Maricopa County Sheriff's Office Indirect Cost: 0.0% Awarded Budget (as approved by ONDCP) $641,666.00 Personnel Quantity Amount Analyst - Intelligence 1 $59,455.00 Total Personnel $59,455.00 Fringe Quantity Amount Analyst - Intelligence 1 $14,193.00 Total Fringe $14,193.00 Total Budget $73,648.00 Page 1 of 3 4/12/2019 7:44:17 PM Budget Detail 2019 - SWB - Arizona Initiative - MCDST - Maricopa County Drug Suppression Taskforce Interdiction Award Recipient - Maricopa County Sheriff's Office (G19SA0005A) Resource Recipient - Maricopa County Sheriff's Office Indirect Cost: 0.0% Awarded Budget (as approved by ONDCP) $641,666.00 Personnel Quantity Amount Investigative - Law Enforcement Officer 2 $165,844.00 Total Personnel $165,844.00 Fringe Quantity Amount Investigative - Law Enforcement Officer $16,584.00 Total Fringe $16,584.00 Overtime Quantity Amount Investigative - Law Enforcement Officer 10 $140,350.00 Total Overtime $140,350.00 Travel Quantity Amount Training 15 $15,000.00 Total Travel $15,000.00 Services Quantity Amount Communications - data lines $2,628.00 Communications - mobile phones & pagers $30,436.00 Investigative services $5,000.00 Vehicle lease - passenger 5 $66,399.00 Total Services $104,463.00 Supplies Quantity Amount Investigative/Operational $10,000.00 Office $6,000.00 Total Supplies $16,000.00 Total Budget $458,241.00 Page 2 of 3 4/12/2019 7:44:17 PM Budget Detail 2019 - SWB - Arizona Initiative - Metro Intelligence Support and Technical Investigative Investigation Center (MISTIC) Award Recipient - Maricopa County Sheriff's Office (G19SA0005A) Resource Recipient - Maricopa County Attorney's Office Indirect Cost: 0.0% Awarded Budget (as approved by ONDCP) $641,666.00 Personnel Quantity Amount Attorney 1 $99,798.00 Total Personnel $99,798.00 Fringe Quantity Amount Attorney 1 $9,979.00 Total Fringe $9,979.00 Total Budget $109,777.00 Page 3 of 3 4/12/2019 7:44:17 PM