DESERT HAWK VIOLENT CRIMES TASK FORCE MOU.PDF

Maricopa County — Formal (2018-02-21)

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COST REIMBURSEMENT AGREEMENT
BETWEEN
THE FEDERAL BUREAU OF INVESTIGATION (FBI)
AND
THE MARICOPA COUNTY ATTORNEY'S OFFICE (AGENCY)
TASK FORCE FIT E #:
Pursuant to Congressional appropriations, the FBI receives authority to pay overtime for police
officers and Sheriffs Deputies assigned to the formalized Desert Hawk Violent Crime Task
Force (DHVCTF), a Safe Streets Task Force (SSTF) as set forth below for expenses necessary
for detection, investigation, and prosecution of crimes against the United States. It is hereby
agreed between the FBI and the Maricopa County Attorney's Office (MCAO) located at 301 W.
Jefferson Street, Phoenix, Arizona, 85003, Taxpayer Identification Number: 866000472 , Phone
Number: (602) 506-3844 that:
1) Commencing upon execution of this agreement, the FBI will, subject to availability of the
required funding, reimburse the agency for overtime payments made to the officers assigned full-
time to the task force.
2) Requests for reimbursement will be made on a monthly basis and should be forwarded to the
FBI field office as soon as practical after the first of the month which follows the month for
which reimbursement is requested. Such requests should be forwarded by the Supervisor of the
agency to the FBI Task Force Squad Supervisor and Special Agent in Charge for their review,
approval, and processing for payment.
3) Overtime reimbursements will be made directly to the agency by the FBI. All overtime
reimbursement payments are made by electronic fund transfer (EFT). An ACH
Vendor/Miscellaneous Payment Enrollment Form must be on file with the FBI to facilitate EFT.
4) Overtime reimbursements will be calculated at the usual rate for which the individual officer's
time would be compensated in the absence of this agreement. However, said reimbursement, per
officer, shall not exceed monthly and/or annual limits established annually by the FBI. The
limits, calculated using Federal pay tables, will be in effect for the Federal fiscal year running
from October 1st of one year through September 30th of the following year, unless changed
during the period. The FBI reserves the right to change the reimbursement limits, upward or
downward, for subsequent periods based on fiscal priorities and appropriations limits. The FBI
will notify the agency of the applicable annual limits prior to October 1st of each year.
5) The number of agency officers assigned full-time to the task force and entitled to overtime
reimbursement by the FBI shall be approved by the FBI in advance of each fiscal year. Based on
the needs of the task force, this number may change periodically, upward or downward, as
approved in advance by the FBI.
6) Prior to submission of any overtime reimbursement requests, the agency must prepare an
official document setting forth the identity of each officer assigned full-time to the task force,

along with the regular and overtime hourly rates for each officer. Should any officers change
during the year, a similar statement must be prepared regarding the new officers prior to
submitting any overtime reimbursement requests for the officers. The document should be sent to
the field office for FBI review and approval.
7) Each request for reimbursement will include the name, rank, ID number, overtime
compensation rate, number of reimbursable hours claimed, and the dates of those hours for each
officer for whom reimbursement is sought. The request must be accompanied by a certification,
signed by an appropriate Supervisor of the agency, that the request has been personally reviewed,
the information described in this paragraph is accurate, and the personnel for whom
reimbursement is claimed were assigned full-time to the task force.
8) Each request for reimbursement will include an invoice number, invoice date, taxpayer
identification number (TIN), and the correct banking information to complete the electronic fund
transfer. The necessary banking information is the Depositor Account Title, Bank Account
Number, Routing Number, and Type of Account (either checking, savings, or lockbox). If the
banking information changes, a new ACH Vendor/Miscellaneous Payment Enrollment Form
must be submitted to the FBI.
9) Requests for reimbursement must be received by the FBI no later than December 31st of the
next fiscal year for which the reimbursement applies. For example, reimbursements for the fiscal
year ending September 30, 2013, must be received by the FBI by December 31, 2013. The FBI is
not obligated to reimburse any requests received after that time.
10) This agreement is effective upon signature of the parties and will remain in effect for the
duration of the agency's participation in the task force, contingent upon approval of necessary
funding, and unless terminated in accordance with the provisions herein. This agreement may be
modified at any time by written consent of the parties. It may be terminated at any time upon
mutual consent of the parties, or unilaterally upon written notice from the terminating party to
the other party at least 30 days prior to the termination date.
FOR MCAO: FOR THE FBI:
Ar)f -
Maricopa Cou Attorney Date Special Agent in Charge Date
Contracting Officer Date
FBI Headquarters

FOR OFFICIAL USE ONLY
FEDERAL BUREAU OF INVESTIGATION
DESERT KAM( VIOLENT CRIME TASK FORCE
EfiEMORANDUr OF UNDERSTANDING
PARTIES
This Memorandum of Understanding (MOU) is entered into by and between the Federal
Bureau of Investigation (FBI) and the Maricopa County Attorney acting through the
Maricopa County Attorney's Office (MCAO). Nothing in this MOU should be construed
as limiting or impeding the basic spirit of cooperation which exists between these
agencies.
AUTHORITIES
2. Authority for the FBI to enter into this agreement can be found at Title 28, United States
Code (U.S.C.), Section (§) 533; 42 U.S.C. § 3771; Title 28, Code of Federal Regulations
(C.F.R.), § 0.85; and applicable United States Attorney General's Guidelines.
PURPOSE
3. The purpose of this MOU is to delineate the responsibilities of Desert Hawk Violent Crime
Task Force (DHVCTF); a Safe Streets Task Force (SSTF). SSTF personnel formalize
relationships between participating agencies for policy guidance, planning, training, public
and media relations; and maximize inter-agency cooperation. This MOU is not intended,
and should not be construed, to create any right or benefit, substantive or procedural,
enforceable at law or otherwise by any third party against the parties, the United States,
or the officers, employees, agents, or other associated personnel thereof.
MISSION
4. The mission of the SSTF is to identify and target for prosecution criminal enterprise
groups responsible for drug trafficking, money laundering, alien smuggling, crimes of
violence such as murder and aggravated assault, robbery, and violent street gangs, as
well as to intensely focus on the apprehension of dangerous fugitives where there is or
may be a federal investigative interest. The SSTF will enhance the effectiveness of
federal/state/local law enforcement resources through a well-coordinated initiative
seeking the most effective investigative/prosecutive avenues by which to convict and
incarcerate dangerous offenders.
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SUPERVISION iV ,M CONTROL
A. Supervision
5. Overall management of the SSTF shall be the shared responsibility of the participating
agency heads and/or their designees.
6. The Special Agent in Charge (SAC) of the Phoenix Division shall designate one
Supervisory Special Agent (SSTF Supervisor) to supervise the SSTF. The SSTF
Supervisor may designate a Special Agent to serve as the Safe Streets Task Force
Coordinator (Task Force Coordinator). Either the SSTF Supervisor or the Task Force
Coordinator shall oversee day-to-day operational and investigative matters pertaining to
the SSTF.
7. Conduct undertaken outside the scope of an individual's SSTF duties and assignments
under this MOU shall not fall within the oversight responsibility of the SSTF Supervisor or
Task Force Coordinator. As stated in paragraph 74, below, neither the United States nor
the FBI shall be responsible for such conduct.
8. SSTF personnel will be subject to the laws, regulations, policies, and personnel rules
applicable to their respective agencies. FBI employees will continue to adhere to the
Bureau's ethical standards, including Department of Justice (D0J)/FBI regulations
relating to outside employment and prepublication review matters, and will remain subject
to the Supplemental Standards of Ethical conduct for employees of the DOJ.
9. SSTF personnel will continue to report to their respective agency heads for non-
investigative administrative matters not detailed in this MOU.
10. Continued assignment of personnel to the SSTF will be based on performance and at the
discretion of appropriate management. The FBI SAC and SSTF Supervisor will also
retain discretion to remove any individual from the SSTF.
B. Case Assignments
11. The FBI SSTF Supervisor will be responsible for opening, monitoring, directing, and
closing SSTF investigations in accordance with existing FBI policy and the applicable
United States Attorney General's Guidelines.
12. Assignments of cases to personnel will be based on, but not limited to, experience,
training and performance, in addition to the discretion of the SSTF Supervisor.
13. For FBI administrative purposes, SSTF cases will be entered into the relevant FBI
computer system.
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14. SSTF personnel will have equal responsibility for each case assigned. SSTF personnel
will be responsible for complete investigation from predication to resolution.
C. Resource Control
15. The head of each participating agency shall determine the resources to be dedicated by
that agency to the SSTF, including personnel, as well as the continued dedication of
those resources. The participating agency head or designee shall be kept fully apprised
of all investigative developments by his or her subordinates.
OPERATIONS
A. Investigative Exclusivity
16. It is agreed that matters designated to be handled by the SSTF will not knowingly be
subject to non-SSTF law enforcement efforts by any of the participating agencies. It is
incumbent on each agency to make proper internal notification regarding the SSTF's
existence and areas of concern.
17. It is agreed that there is to be no unilateral action taken on the part of the FBI or any
participating agency relating to SSTF investigations or areas of concern as described in
paragraph 3. All law enforcement actions will be coordinated and cooperatively carried
out.
18. SSTF investigative leads outside of the geographic areas of responsibility for FBI Phoenix
Division will be communicated to other FBI offices for appropriate investigation.
B. Confidential Human Sources
19. The disclosure of FBI informants, or Confidential Human Sources (CHSs), to non-SSTF
personnel will be limited to those situations where it is essential to the effective
performance of the SSTF. These disclosures will be consistent with applicable FBI
guidelines.
20. Non-FBI SSTF personnel may not make any further disclosure of the identity of an FBI
OHS, including to other individuals assigned to the SSTF. No documents which identify,
tend to identify, or may indirectly identify an FBI OHS may be released without prior FBI
approval.
21. In those instances where a participating agency provides a CHS, the FBI may, at the
discretion of the SAC, become solely responsible for the CHS's continued development,
operation, and compliance with necessary administrative procedures regarding operation
and payment as set forth by the FBI.
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22. The United States Attorney General's Guidelines and FBI policy and procedure for
operating FBI CHSs shall apply to all FBI CHSs opened and operated in furtherance of
SSTF investigations. Documentation of, and any payments made to, FBI CHSs shall be
in accordance with FBI policy and procedure.
23. Operation, documentation, and payment of any CHS opened and operated in furtherance
of an SSTF investigation must be in accordance with the United States Attorney
General's Guidelines, regardless of whether the handling agency is an FBI SSTF
participating agency. Documentation of state, county, or local CHSs opened and
operated in furtherance of SSTF investigations shall be maintained at an agreed upon
location.
C. Reports and Records
24. All investigative reporting will be prepared in compliance with existing FBI policy. Subject
to pertinent legal and/or policy restrictions, copies of pertinent documents created by
SSTF personnel will be made available for inclusion in the respective investigative
agencies' files as appropriate.
25. SSTF reports prepared in cases assigned to SSTF personnel will be maintained at an FBI
approved location; original documents will be maintained by the FBI.
26. Records and reports generated in SSTF cases which are opened and assigned by the
FBI SSA with designated oversight for investigative and personnel matters will be
maintained in the FBI investigative file for SSTF.
27. SSTF investigative records maintained at the Phoenix Field Office of the FBI will be
available to all SSTF personnel, as well as their supervisory and command staff subject
to pertinent legal, administrative and/or policy restrictions.
28. All evidence and original tape recordings (audio and video) acquired by the FBI during
the course of the SSTF investigations will be maintained by the FBI. The FBI's rules and
policies governing the submission, retrieval and chain of custody will be adhered to by
SSTF personnel.
29. All SSTF investigative records will be maintained at an approved FBI location. Placement
of all or part of said information into participating agency files rests with the discretion of
supervisory personnel of the concerned agencies, subject to SSA approval.
30. Classified information and/or documents containing information that identifies or tends to
identify an FBI OHS shall not be placed in the files of participating agencies unless
appropriate FBI policy has been satisfied.
31. The Parties acknowledge that this MOU may provide SSTF personnel with access to
information about U.S. persons which is protected by the Privacy Act of 1974 and/or
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Executive Order 12333. The Parties expressly agree that all such information will be
handled lawfully pursuant to the provisions thereof. The Parties further agree that if this
access to information by SSTF personnel requires a change in privacy compliance
documents, those changes will be accomplished prior to access being granted.
INFORMATION SHARING
32. No information possessed by the FBI, to include information derived from informal
communications between SSTF personnel and FBI employees not assigned to the SSTF,
may be disseminated by SSTF personnel to non-SSTF personnel without the approval of
the SSTF Supervisor and in accordance with the applicable laws and internal regulations,
procedures or agreements between the FBI and the participating agencies that would
permit the participating agencies to receive that information directly. Likewise, SSTF
personnel will not provide any participating agency information to the FBI that is not
otherwise available to it unless authorized by appropriate participating agency officials.
33. Each Party that discloses Pll is responsible for making reasonable efforts to ensure that
the information disclosed is accurate, complete, timely, and relevant.
34. The FBI is providing access to information from its records with the understanding that in
the event the recipient becomes aware of any inaccuracies in the data, the recipient will
promptly notify the FBI so that corrective action can be taken. Similarly, if the FBI
becomes aware that information it has received pursuant to this MOU is inaccurate, it will
notify the contributing Party so that corrective action can be taken.
35. Each Party is responsible for ensuring that information it discloses was not knowingly
obtained or maintained in violation of any law or policy applicable to the disclosing Party,
and that information is only made available to the receiving Party as may be permitted by
laws, regulations, policies, or procedures applicable to the disclosing Party.
36. Each Party will immediately report to the other Party each instance in which data received
from the other Party is used, disclosed, or accessed in an unauthorized manner
(including any data losses or breaches).
37. The Parties agree that either or both may audit the handling and maintenance of data in
electronic and paper recordkeeping systems to ensure that appropriate security and
privacy protections are in place.
PROSECUTIONS
38. SSTF investigative procedures, whenever practicable, are to conform to the requirements
which would allow for either federal or state prosecution.
39. A determination will be made on a case-by-case basis whether the prosecution of SSTF
cases will be at the state or federal level. This determination will be based on the
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evidence obtained and a consideration of which level of prosecution would be of the
greatest benefit to the overall objectives of the SSTF,
40. In the event that a state or local matter is developed that is outside the jurisdiction of the to
FBI or it is decided to prosecute a SSTF case at the state or local level, the FBI agrees
provide all relevant information to state and local authorities in accordance with all
applicable legal limitations.
A. Investigative ::,e..:iods/Evidence
41. For cases assigned to an FBI Special Agent or in which FBI CHSs are utilized, the parties
agree to conform to federal standards concerning evidence collection, processing, storage,
and electronic surveillance. However, in situations where the investigation will be
prosecuted in the State Court where statutory or common law of the state is more
restrictive than the comparable federal law, the investigative methods employed by FBI
case agents shall conform to the requirements of such statutory or common law pending a
decision as to venue for prosecution.
42. In all cases assigned to state, county, or local law enforcement participants, the parties
agree to utilize federal standards pertaining to evidence handling and electronic
surveillance activities as outlined in the Domestic Investigations and Operations Guide to
the greatest extent possible. However, in situations where the statutory or common law
of the state is more restrictive than the comparable federal law, the investigative methods
employed by state and local law enforcement agencies shall conform to the requirements
of such statutory or common law pending a decision as to venue for prosecution.
43. The use of other investigative methods (search warrants, interceptions of oral
communications, etc.) and reporting procedures in connection therewith will be consistent
with the policies and procedures of the FBI.
B. Undercover Operations
44. All SSTF undercover operations will be conducted and reviewed in accordance with FBI
guidelines and the Attorney General's Guidelines on Federal Bureau of Investigation
Undercover Operations. All participating agencies may be requested to enter into an
additional agreement if an employee of the participating agency is assigned duties which
require the officer to act in an undercover capacity.
USE OF LESS-THAN-LETHAL-DEVICES 1
Pursuant to Section VIII of the DOJ Less-Than-Lethal Devices Policy be made dated aware May of and
16, 2011, all state/local officers participating in joint task force operations must
adhere to the policy and its limits on DOJ officers.
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45. The parent agency of each individual assigned to the SSTF will ensure that while the
individual is participating in FBI-led task force operations in the capacity of a task force
officer, task force member, or task force participant, the individual will carry only less-
lethal devices that the parent agency has issued to the individual, and that the individual
has been trained in accordance with the agency's policies and procedures.
46. The parent agency of each individual assigned to the SSTF will ensure that the agency's
policies and procedures for use of any less-lethal device that will be carried by the task
force officer, task force member, or task force participant are consistent with the DOJ
policy statement on the Use of Less-Than-Lethal Devices.
DEADLY FORCE AND SHOOTING INCIDENT POLICIES
47. SSTF personnel will follow their own agencies' policies concerning firearms discharge
and use of deadly force.
DEPUTATIONS
48. Local and state law enforcement personnel designated to the SSTF, subject to a limited
background inquiry, may be sworn as federally deputized Special Deputy United States
Marshals, with the FBI securing the required deputation authorization. These deputations
should remain in effect throughout the tenure of each investigator's assignment to the
SSTF or until the termination of the SSTF, whichever comes first.
49. Deputized SSTF personnel will be subject to the rules and regulations pertaining to such
deputation. Administrative and personnel policies imposed by the participating agencies
will not be voided by deputation of their respective personnel.
VEHICLES
50. In furtherance of this MOU, employees of MCAO may be permitted to drive FBI owned or
leased vehicles for official SSTF business and only in accordance with applicable FBI
rules and regulations, including those outlined in the FBI Government Vehicle Policy
Directive (0430D) and the Government Vehicle Policy Implementation Guide (0430PG).
The assignment of an FBI owned or leased vehicle to MCAO SSTF personnel will require
the execution of a separate Vehicle Use Agreement.
51. The participating agencies agree that FBI vehicles will not be used to transport
passengers unrelated to SSTF business.
52. The FBI and the United States will not be responsible for any tortious act or omission on
the part of MCAO and/or its employees or for any liability resulting from the use of an FBI
owned or leased vehicle utilized by MCAO SSTF personnel, except where liability may
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fall under the provisions of the Federal Tort Claims Act (FTCA), as discussed in the
Liability Section herein below.
53. The FBI and the United States shall not be responsible for any civil liability arising from
the use of an FBI owned or leased vehicle by MCAO task force personnel while engaged
in any conduct other than their official duties and assignments under this MOU.
54. To the extent permitted by applicable law, MCAO agrees to hold harmless the FBI and
the United States, for any claim for property damage or personal injury arising from any
use of an FBI owned or leased vehicle by MCAO SSTF personnel which is outside the
scope of their official duties and assignments under this MOU.
SALARY/OVERTIME COMPENSATION
55. The FBI and MCAO remain responsible for all personnel costs for their SSTF
representatives, including salaries, overtime payments and fringe benefits consistent with
their respective agency, except as described in paragraph 56 below.
56. Subject to funding availability and legislative authorization, the FBI will reimburse to
MCAO the cost of overtime worked by non-federal SSTF personnel assigned full-time to
SSTF, provided overtime expenses were incurred as a result of SSTF-related duties, and
subject to the provisions and limitations set forth in a separate Cost Reimbursement
Agreement to be executed in conjunction with this MOU. A separate Cost
Reimbursement Agreement must be executed between the FBI and MCAO for full-time
employee(s) assigned to SSTF, consistent with regulations and policy, prior to any
reimbursement by the FBI. Otherwise, overtime shall be compensated in accordance
with applicable MCAO overtime provisions and shall be subject to the prior approval of
appropriate personnel.
PROPERTY AND EQUIPMENT
57. Property utilized by the SSTF in connection with authorized investigations and/or
operations and in the custody and control and used at the direction of the SSTF, will be
maintained in accordance with the policies and procedures of the agency supplying the
equipment. Property damaged or destroyed which was utilized by SSTF in connection
with authorized investigations and/or operations and is in the custody and control and
used at the direction of SSTF, will be the financial responsibility of the agency supplying
said property.
FUNDI1JG
58. This MOU is not an obligation or commitment of funds, nor a basis for transfer of funds,
but rather is a basic statement of the understanding between the parties hereto of the
tasks and methods for performing the tasks described herein. Unless otherwise agreed
in writing, each party shall bear its own costs in relation to this MOU. Expenditures by
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each party will be subject to its budgetary processes and to the availability of funds and
resources pursuant to applicable laws, regulations, and policies. The parties expressly
acknowledge that the above language in no way implies that Congress will appropriate
funds for such expenditures.
FORFEITURES
59. The FBI shall be responsible for processing assets seized for federal forfeiture in
conjunction with SSTF operations.
60. Asset forfeitures will be conducted in accordance with federal law, and the rules and
regulations set forth by the FBI and DOJ. , Forfeitures attributable to SSTF investigations
may be equitably shared with the agencies participating in the SSTF.
DISPUTE RESOLUTION
61. In cases of overlapping jurisdiction, the participating agencies agree to work in concert to
achieve the SSTF's objectives.
62. The participating agencies agree to attempt to resolve any disputes regarding jurisdiction,
case assignments, workload, etc., at the field level first before referring the matter to
supervisory personnel for resolution.
MEDIA RELEASES
63. All media releases and statements will be mutually agreed upon and jointly handled
according to FBI and participating agency guidelines.
64. Press releases will conform to DOJ Guidelines regarding press releases. No release will
be issued without FBI final approval.
SELECTION TO SSTF AND SECURITY CLEARANCES
65. If an MCAO candidate for the SSTF will require a security clearance, he or she will be
contacted by FBI security personnel to begin the background investigation process prior
to the assigned start date.
66. If, for any reason, the FBI determines that an MCAO candidate is not qualified or eligible
to serve on the SSTF, the participating agency will be so advised and a request will be
made for another candidate.
67. Upon being selected, each candidate will receive a comprehensive briefing on FBI field
office security policies and procedures. During the briefing, each candidate will execute
non-disclosure agreements (SF-312 and FD-868), as may be necessary or required by
the FBI.
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Agents of the Federal Bureau of Narcotics, 403 U.S. 388 (1971): An individual assigned
to the SSTF who is named as a defendant in a civil action as a result of or in connection
with the performance of his or her official duties and assignments pursuant to this 1OU
may request individual-capacity representation by DOJ to defend against the claims. 28
C.F.R. §§ 50.15, 50.16. Any such request for individual-capacity representation must be
made in the form of a letter from the individual defendant to the U.S. Attorney General.
The letter should be provided to Chief Division Counsel (CDC) for the FBI Phoenix
Division, who will then coordinate the request with the FBI Office of the General Counsel.
In the event of an adverse judgment against the individual, he or she may request
indemnification from DOJ. 28 C.F.R. § 50.15(c)(4). Requests for DOJ representation
and indemnification are determined by DOJ on a case-by-case basis. The FBI cannot
guarantee the United States will provide legal representation or indemnification to any
SSTF personnel.
74. Liability for any conduct by SSTF personnel undertaken outside of the scope of their
assigned duties and responsibilities under this MOU shall not be the responsibility of the
FBI or the United States and shall be the sole responsibility of the respective employee
and/or agency involved.
DURATION
75. The term of this MOU is for the duration of the SSTF's operations, contingent upon
approval of necessary funding, but may be terminated at any time upon written mutual
consent of the agency involved.
76. Any participating agency may withdraw from the SSTF at any time by written notification
to the SSA with designated oversight for investigative and personnel matters or program
manager of the SSTF at least 30 days prior to withdrawal.
77. Upon termination of this MOU, all equipment provided to the SSTF will be returned to the
supplying agency/agencies. In addition, when an entity withdraws from the MOU, the
entity will return equipment to the supplying agency/agencies. Similarly, remaining
agencies will return to a withdrawing agency any unexpended equipment supplied by the
withdrawing agency during any SSTF participation.
MODIFICATIONS
78. This agreement may be modified at any time by written consent of all involved agencies.
79. Modifications to this MOU shall have no force and effect unless such modifications are
reduced to writing and signed by an authorized representative of each participating
agency.
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4ATORES
Special Agent in Charge Date
Federal Bureau of Investigation
/-'"?
Maricopa'Cottnty Attorney Date
Maricopa County Attorney's Office
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MOU with FBI
Desert Hawk Task Force
Page 12A
MAR1COPA COUNTY
Date:
Chairman, Board of Supervisors
ATTEST:
Date:
Clerk of the Board of Supervisors
APPROVED AS TO FORM:
Date:
Deputy County Attorney
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