2016 DEA PHOENIX TF AGREEMENT.PDF

PROGRAM-FUNDED STATE AND LOCAL TASK FORCE AGREEMENT
BETWEEN
DRUG ENFORCEMENT ADMINISTRATION
AND
MARICOPA COUNTY
This agreement is made this 30 day of September, 2015, 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 of21 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 September
30,2015 to September 29,2016, and the second term will run from September 30, 2016 to
September 29,2017. The agreement may be renewed for four l-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 itsjudgment 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.
2016MeSo Program-Funded Agreement 1

3. Any termination of this contract must be in writing, and sent certified mail to the other
party giving 3~-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
four (4) 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 eight (8)
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 $17,548), per officer. Reimbursement for MCSO's
Officers overtime shall not include any costsfor 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.
2016Meso Program-Funded Agreement 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) 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 ofthis 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.
2016Meso Program-Funded Agreement 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:
ForDEA: For MCSO:
Douglas W. Coleman Chief Deputy Jerry Sheridan
Special Agent in Charge 550 W. Jackson St.
Drug Enforcement Agency 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
Forcpa
coC' Office:
",-,-,)
Date
Joseph M. Arpaio
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 , 2015
BY:-----------------------------
County Attorney's Office
Attachment
2016Meso Program-Funded Agreement 4

u.s. DEPARTMENT OF JUSTICE
OFFICE OF JUSTICE PROGRAMS
•
OFFICE OF THE COMPTROLLER
CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION AND
OTHER RESPONSIBILITY MATTERS; AND DRUG-FREE WORKPLACE REQUIREMENTS
Applicants should refer to the regulations cited below to determine the certification to which they are required to
attest. Applicants should also review the instructions for certification included in the regulations before completing this
from. Signature of this form provides for compliance with certification requirements under 28 CFR Part 69, "New
Restrictions on Lobbying" and 28 CFR Part 67, "Government-wide Department and Suspension (Nonprocurement) and
Government-wide Requirements for Drug-Free Workplace (Grants)." The certifications shall be treated as a material
representation of fact upon reliance will be placed when the Department of Justice determines to award the
covered transaction, grant, or cooperative agreement.
U~liC(Ftederal..State,. er tlocal) tra~action or c1rOCt under a
,~ tc ransa..non.: viola lonf of ederat or a antitrust
tlm:tes or. comrmssicn Q em ezzlement, e. forae.rv,
~ 'n rv1..falsification. or destruction Of records, rna Ing Talse
st~ rn",nts, or receiving sfolen property;
(c) Ar~l"\ot ~resently indicted for or(ctherwi.s~tCriminaIIYorl~CiVU~y
(a) No Federal ap'p'ropriatefunds have been paid Of will be paid, Cliar~"" cv a ~ovemmental_entlty l-eCleral. :ate, or oca WIn
fly or on b~half of the undersi~ned, to any person fDr inflUeriCi1r QO,m1)5510"11 o. an.v of th~ offenses enumei'a eo In paragra h 1)
or attempting to Influence an ffleer or employee Qfjlny agenc , (0) a trus certmcanon;ano
a Member 01 C9ngress, an a cer or emp'loyee of Congr~.ss, r
an em~IOyee Of a Member of concress in connection with the
makin Of an Federal rant (he entering into of an d) Have not within a thre~vear oencd RLecedinlg .1htis application
coope tive. aQreement, anS exten.sion, continuation, reneWal ad .one orf more pubhc aotsaCtlons (t-eoera, S ate, or local)
amendment. 01" modification of any Federal grant or cooperative ~ errnmateo or cause or de sun; and
agreement;
B. Where the aOPlical~ is. unable to certify to anll of the
statements tin hthlS certllcstlon, ne or sne snail anacn an
explanation 0 t ISappuca Ion.
lf any .funds other than Federal.ahDrOPfiatedfund~av~bein
d or Wli oe~d to a~rson to lntlOenctna or a mrnIna n
~ffl uence an 0 r or 0 ee 0 an en""C a e ,r 0
r s a cer or em 0 ee ot on e 0 a e 0 e 0
a ~~~e~ o~ O~reSS Inh~n~IO!l 6i~'~lsl~~er~. anar a1inf or
co~~ratll(e aa~ ent t e ur erslQDitd' comp ete and
su .It ~tanaar d Folm . h-. L J. "Ualsclosure of oobYlng
A IVIles, In accor ance Wit Its In:>tru Ions;
(~ IJ)e :ide~lalflned .Sh~1re~ Iredthat tne tlaOQuaaeDf thlsdcer~-
tl cation In III ed In tara I ocumen s fOTalrsuoawar s a A. Ine aoo~nt certifies that It Will or Will continue to provide a
a lIers.. inCu I~SU gran SJ.contrtatts1unaert.arants ana arug-free WOrKplacel)Y:
coQPeratlv aaree ents an :>UDconracts and nat all suD-
reCipientsshalTce I an~ alsclose accoralng y.
(al r..lI.I?/lsnlna a stat~rnet:1t .notltv.tnl1, ei,oyees tnat the
Urflaor marr~fa!i~e, iEistbbutlon, als~~gl • P9~sessloae 9r
~tEfk8Ja& ~~ rgl)ecifv~~osmgcgctl~r.lgr~~'(1WI b~ta~eW:Sal~s~
emplOyees for vlolatlof! aTsucn pronlDitlon;
IOJ t:staDlIsnlna an ont;-9olngarug-tree awareness program to
rnrormemployees aoou -
(1) The dangers of drugs abuse in the workplace;
(2) The grantee's policy of maintaining a drug-free workplace;
A. The applicant certifies that it and its principals:
~;_j~s~rJh&¥Wf~\fAM~%rfc?unseling.rehaOllitatlon, ana employee
(a) Are not presently debarred, sus~nded, proposed for debar-
ment declare.d ineligible, sentenced to a genial of Federal
benefits by a state orrederal coY.rt,or voluntarily excluded from (4) The Denalties that m~.be. imoosed uoon employees for drug
covered transactions by any Federal department or agency; ~l1usevrolatlOnsoccumng 111me wofl<pJace;
w;thr·a (e) MafRnoit a reauir~ment that each employee tOfbe enaaaed in
Have not flthree-vear~·od ~ecedino this aoplication tne De rmance Of ~ granfbe given a copy 0 tne statement
e'en conYlcte<l0 or aa a "cIVI. JOWJr renaered aaalast tnem reqUIred y paragrap tal;
r commls on 0 fra 10 r a en Ina a ense m contrectlon wltn
o ~ taming, alflemptlngtb o~tam, or pe omlng a lq) Notifvi~p the employee in .the statement reaJJired by
~era~~~y~J Wiff!' as Ii cxmaltion of employment unoenne grant,
OJP FORM 406116 (3-91) REPLACES OJP FORMS 4061/2,406213 AND 4061/4 WHICH ARE OBSOLETE.

(1) Abide by the terms of the statement; and
DEA A~i~ona Offices
(2~1~otify ~e employer in ;ina of his .or herhconviction for a
YI a on 0 a cnrnlnal alllQ _s ute occumna In t e worKplace no
ra er nan e caienear aays a er sucn conacnoo;
Check r if there are workplace on file that are not identified
here.
Section ~67 630ftf~the r~UlatiOnS provides. that a arantee~at is
a state. ma ele .ma eoe certlflca~on In.eaCi"l"FhEeaerIscal
ea A en s 0 ,Ia e mciu d wnn e a ieanon
ror beoa ~n~ tifnlRstlce Yu[-P.na. ~ ales and ~rate Ifgencles
may ere 0 use O~ Form 4~'1n.
(f) Takina one. of thet. followina actions, within 3-9.)(k9lenclar
(jays of TecelvlnQI no Ice unaer sUOD.aragrapn (0 L), wltn Check r if the State has elected to complete OJP Form
respect to any emp oyee wno ISso convieteo-'
4061n.
(1) Taking ap.~roPi· te ~~rsonnel. action aaainst such an
emploYee, UD har Inell Ina termlnalion.3coTlslstelJ.!..wtthtne
requirementS 0 e enabll aUbnAct of 197 , as emeneeo: or
(2) R~uirioQ such emDI~e..tOtPcartiCl~·ate satisfactOritiIl a dr~
atjuse assistance or l':e lllita on en ram accrcve for su
pUI'DP8eSoy a F:-etderal.l. te, or Iota alth, ·Iaw en rcemen,
or emer appropna e ago:ncy;
A. ASIa~rditiOn JJ~he grantt'.olcertify that I will not ~n ,e in
(g~Mak~· IIgood faith effort to continue to maintain ~ drug- free the un a u manura re, CIS,I unon, disoenslno. P9 Ion
Wi rkpla thrf>ughImplementation of paragraphs (a), (b), (0), (d), or use 0 a controll4 substance In conomon zny al IVI WIth
(e , and ( . me grant; ana
. ~e .arantee may insert in the space.provided below the tsite B. If convin~d of a criminal drug offense resulting from a
s tne oerformance of worK aone In connection With tne violation occurrl.ng during tI1~condlJC}of ilny~rant activity, I will
~&e CI cgram: report the con~cfion, In wntll'lg, wlthlS 10 ea ndar days of the
CQIDlictio.[l,to: artment of J~StlCela ffice 0 f Ju.sti~ .Programs,
b6~ of Performance (Street address, city, country, state, zip ATTN: Contro sk, 633 Indiana ,..venue, NW., Wsshlhgton,
D.C. 20531.
As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above certifications.
1. Grantee Name and Address:
Maricopa County on behalf of the Maricopa County Sheriff's Office
301 West Jefferson, 10th Floor
Phoenix, AZ 85003
2. Application Number and/or Project Name 3. Grantee IRSNendor Number
4. Typed Name and Title of Authorized Representative
Steve Chucri, Chairman Board of Supervisors
5. Signature 6. Date