2019 MARICOPA COUNTY ATTORNEYS OFFICE HIDTA AGREEMENT - PHOENIX.PDF

STATE AND LOCAL HIDTA TASK FORCE AGREEMENT
BETWEEN
DRUG ENFORCEMENT ADMINISTRATION
AND
MARICOPA COUNTY ATTORNEY’S OFFICE
This agreement is made this 1st day of October, 2018, between the United States Department of
Justice, Drug Enforcement Administration (hereinafter "DEA"), and the Maricopa County
Attorney’s Office (hereinafter "MCAO"). 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 in the State of
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. The DEA Phoenix HIDTA Task Force will perform the activities and duties described below:
a. disrupt the illicit drug traffic in the State of Arizona area 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.
2. To accomplish the objectives of the DEA Phoenix HIDTA Task Force, the MCAO agrees to
detail one (1) experienced Officer to the DEA Phoenix Task Force for a period of not less
than two years. During this period of assignment, the MCAO Officer will be under the direct
supervision and control of DEA supervisory personnel assigned to the Task Force.
3. The MCAO Officer assigned to the Task Force shall adhere to all DEA policies and
procedures. Failure to adhere to DEA policies and procedures shall be grounds for dismissal
from the Task Force.
4. The MCAO Officer assigned to the Task Force shall be deputized as Task Force Officer of
DEA pursuant to 21 USC 878.
5. To accomplish the objectives of the DEA Phoenix HIDTA Task Force, DEA will assign
three (3) Special Agents to the Task Force. HIDTA 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 MCAO Officer
assigned to the 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.
2019 Maricopa County Attorney’s Office HIDTA Agreement 1

6. During the period of assignment to the DEA Phoenix HIDTA Task Force, the MCAO will
remain responsible for establishing the salaries and benefits, including overtime, of the
MCAO Officer assigned to the Task Force and for making all payments due them. HIDTA
will, subject to availability of funds, reimburse the MCAO for overtime payments made by
it to the one (1) MCAO Officer assigned to the DEA Phoenix HIDTA Task Force for
overtime, up to a sum 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. Note: Task Force Officer’s overtime “Shall not
include any costs for benefits, such as retirement, FICA, and other expenses.”
7. In no event will the MCAO charge any indirect cost rate to DEA for the administration or
implementation of this agreement.
8. The MCAO 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.
9. The MCAO 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 MCAO 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 sooner.
10. The MCAO 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.
11. The MCAO 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 MCAO
acknowledges that this agreement will not take effect and no federal funds will be awarded
until the completed certification is received.
12. 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
MCAO 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.
2019 Maricopa County Attorney’s Office HIDTA Agreement 2

13. The MCAO understands and agrees that HIDTA will provide the MCAO Officer with
vehicles suitable for surveillance. HIDTA through DEA will furnish mobile radios for
installation in the HIDTA Task Force vehicles and HIDTA will assume the cost of
installation and removal. HIDTA will be financially responsible for the purchase of fuel for
the leased vehicles and for providing routine maintenance, i.e., oil changes, lubes and minor
tune-ups via the HIDTA lease contractor. DEA and HIDTA procedures for reporting and
investigating automobile accidents involving Official Government Vehicles (OGVs)-HIDTA
lease vehicles shall apply to accidents involving the leased vehicles furnished to the MCAO
personnel, in addition to whatever accident reporting requirements the MCAO may have.
14. While on duty and acting on task force business, the MCAO Officer assigned to the HIDTA
Task Force shall be subject to all DEA and federal government rules, regulations and
procedures governing the use of OGVs for home to work transportation and for personal
business. The HIDTA Executive Committee acknowledges that the United States is liable
for the actions of Task Force Officer, while on duty and acting within the scope of their
federal employment, to the extent permitted by the Federal Torts Claim Act.
15. The term of this agreement shall be effective from the date in paragraph number one until
September 30, 2019. This agreement may be terminated by either party on 30 days advance
written notice. Billing for all outstanding obligations must be received by DEA within 90
days of the date of termination of this agreement. HIDTA will be responsible only for
obligations incurred by MCAO during the term of this agreement.
For the Drug Enforcement Administration:
________________________________________ Date: ____________
Douglas W. Coleman
Special Agent in Charge
For the Maricopa County Attorney’s Office:
_______________________________________ Date: ____________
William G. Montgomery,
Maricopa County Attorney
For Maricopa County:
__________________________________________ Date: _____________
Chairman, Board of Supervisors
Approved as to Form: Attest:
__________________ Date: ________________ ______________ Date: __________
Deputy County Attorney
Attachment
2019 Maricopa County Attorney’s Office HIDTA Agreement 3