2019 MCSO PROGRAM FUNDED AGREEMENT - PHOENIX.PDF

PROGRAM-FUNDED STATE AND LOCAL TASK FORCE AGREEMENT
BETWEEN
DRUG ENFORCEMENT ADMINISTRATION
AND
MARICOPA COUNTY
This agreement is made this 1st day of October 2018, 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,
2018, to September 30, 2019, and the second term will run from October 1, 2019 to
September 30, 2020. 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.
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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.
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 $18,343.75), per officer. Reimbursement for MCSO’s
Officers overtime shall not include any costs for benefits, such as retirement, FICA, and
other expenses.
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10. In no event will the MCSO charge any indirect cost rate to DEA for the administration or
implementation of this agreement.
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) 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.
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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
(602) 664-5600
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 ______, 2018
By:___________________________________
County Attorney’s Office
Attachment
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