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PROGRAM-FUNDED STATE AND LOCAL TASK FORCE AGREEMENT BETWEEN DRUG ENFORCEMENT ADMINISTRATION AND MARICOPA COUNTY ATTORNEY'S OFFICE This agreement is made this 30th day of September, 2014, between the United States Department of Justice, Drug Enforcement Administration (hereinafter "DEA"), and 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 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. 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. 2, To accomplish the objectives of the DEA Phoenix Task Force, the MCAO agrees to detail one (1) experienced Officer to the DEA 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 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 a Task Force Officer of DEA pursuant to 21 U.S.C. §878. 2015 Maricopa County Attorney's Office Program Funded Agreement 1 5, To accomplish the objectives of the DEA Phoenix Task Force, DEA will assign three (3) 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 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. 6. During the period of assignment to the DEA Phoenix Task Force, the MCAO will remain responsible for establishing the salary and benefits, including overtime, of the MCAO Officer assigned to the Task Force, and for making all payments due them. DEA will, subject to availability of funds, reimburse the MCAO for overtime payments made by it to the MCAO Officer assigned to the DEA Phoenix 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 $17,374.25), 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) after termination of this agreement, whichever is later. 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 to the MCAO by DEA until the completed certification is received. 2015 Maricopa County Attorney's Office Program Funded Agreement 2 12, 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 MCAO 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. 13. The term of this agreement shall be effective from the date in paragraph number one (1) until September 29, 2015, This agreement may be terminated by either party on thirty days' advance written notice. 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 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: Date Deputy County Attorney Attest: Date Clerk of the Board 2015 Maricopa County Attorney's Office Program Funded Agreement 3 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. 1. LOBBYING uVc(Federal,,State,. or local) tra cgrz aiv o; c t rot Unfg i transasoniyligtion_° As Pgnda rsrTdb( A e tow faa9, 13T ple 31 of the U.S Cod , an statutes or. em ezziemen, recor s, he ma k? i ng orcRr raie s y pe6ar eme tover 066 reenetifln Islie% i g2 t° %e slIMentairegyn Slslcni ueonq soiprtper PlRc aae certifies that: ' (c) Are not presently indicted for or otherwise criminally or civir (a) No Federal appropriate funds have been paid or will be paid, oriar ed by a noveMmental_entity (Federal State or iocal) n by or on behalf of the undersigned, to any person for influencing corn (n) 01 Jssich this certification; orany at and the ottenses enumerated iri paragraph 1) or attempting to influence an officer or employee of any agency, a Member dl Congress, an officer or employee of Congress, or an making employee of any ot a Federal Member grant, of Congress the entering in connection into of with any the cl) i Have not within a three-year period nreceding_this application cooperative agreement, and extension, continuation, renewal, terminated one or for more cause publ or ic de transactions ault; and (Federal, state, or local) amendment, or modification of any Federal grant or cooperative agreement; B. Where the applicant is. unable to certify to any of the ne or sne sham attacn an .1,f any funds other than Federal ap propriated fundstrreen eZrailliSgsn this application . ci uence or will an ne o via cer to or any errrpio person ee for o an intitiencirlor y , at a e er Ina to e ongress an o_ icer or empio ee ot Con re o an ear oyee a membel• ot Congress in co ne tion with edera grant or ?oRTNE S-Mari ZiviDuALs tive agreement the uncrsibtbed snail comp ere and ) su tanaard Form - mrlisclosure at obbying Ac coRra ivi ies, in accordance with its inetructions; Acsorerqeuarlirrelkba Ar r,Rui6:F.rpg7WgruktOtc4e cAt.of_12+18 s,araig id'art dections k.rdi. and %7!ded- Cc The itnpdienrqllg IR 1 0 uti-laedtohcaytntiheentililau Iflugfaitil dSeij ,tfugriveaggiriRirlwisVies that it will or will continue to provide a a tiers. ( mow in su gran s contracts unir .grants an cooperative. agreements,. anubcontra51s) y an trrat au sub- recipients snall-ce and disclose accord gi . (a). Publishing , a. statem ent „notifyin employees that the rsfleawortu I a meornitmteucia ,substance distribution t•ii ,inpvsessiaonrieebr kowgigioN, AND CITHhN workplace ani3 specifying e. actions mat be the againsi employees tor violation or such prom mon, hipv PornitrilAnasaRbogoing drug-free awareness program to 6s required by, Executive Order 12549, _Debarment and Su enei n,.ana implemented at 23 Ci-rc Hrt et Mr prospective E moan Fart in_ , primary bection covered transactions, ae derinea at 23 (1) The dangers of drugs abuse in the workplace; (2) The grantee's policy of maintaining a drug-free workplace; A. The The applibant certifies that it and its principals: h3s)stigneaejillbilpar;:irskinceunseling, rehabilitation, and employee (a) Are not presently debarred, suspended, proposed for debar- ment declared ineligible, sentenced to a denial of Federal benefits by a State or Federalcourt, or voluntarily excluded from 6tusva Tae Nrgtgs Ta t r[ maybeip ng h vOau&on employees for drug covered transactions by any Federal department or agency; it a inurtatnhat each employee to_ bgeepandehri b) Have not *thin a three-year period recedjnq this application Nraroggp4tm51;ran grreir ot t en convicted ot or had a i luclgr t rendered against mem req IVAL ired -7; oRriirt by Qr commission of rraud or a crimirra o ense in conrrection wim obtaining, attempting to obtain, or pe arming a ) Notifying the employee in The statement required by paragraph trtat, as cpinaition ot employment unaer tne grant, e einpoy we- OJP FORM 406116 (3-91) REPLACES OJP FORMS 4061/2, 4062/3 AND 4061/4 WHICH ARE OBSOLETE. (1) Abide by the terms of the statement ; and DEA Arizona Offices (2) Notify the employer in wri i ng of his or her conviction for a ?i?e?-iik2nofivas ccrERAPT4sstal r saERuj-rsirragotrIcr workplace no (e) Nati ing the agency, in writing 1 c.alendar days after renew n rtntice under subrra aph. )( trom employee Check I- if there are workplace on file that are not identified ar ot ise rece ivin g a tua notice or. sucn.. convict' en. nere. Employers ot cInytc erpirnoyeest-nst rovid2 notice 11101t.1 ing aosition tit le ,er ot Office ót J Progbarne ro esk, n lane Avenue.. Se,ction 67, 60 of the regulations pfovtdoes igiata&gpendtge 1?iatc is . Vag 'nation, ui 2 b otice snail tric ude the identification a tate ma y eiept lama e one a c n e num erTs) of each a ec ed g rant; beAgac I I ieueEled witn each ado icaiton Ygre EillniroXitiPce °.un ineamc states and btate 'agencies may elect use r orm 4u irf. (f) Takjng one. of the. following actions, within 30 calendar ?Ala Tto724141-1010-184147.houliceor cosnuvloRtaerggraph (d)(2), with Check n if the State has elected to complete OJP Form 4061/7. (1) -faking apfprogte qrsonnel , action against such an ernployee, xi terminatim consistent with the DRUG-FREE WORKPLACE reguirementg ot the ehabi atron Act ot 1973, as amended; or (GRANTEES WHO ARE INDIVIDUALS) (2) Requiring such employee.,to.oarticirpatea satisfactorily in dru As ireer28144 Aecp6uy,Firtet,w8roffia9p FAt of 1918ds and Abuse assigtanae orreniiitatIon program M suc , as Purposes by a iTederal ate, or Iota] health, enlorcement: cfreildneld arIN nIrPari 6\7 ; gectioriargT5` arid Or Other appropriate a gency; A. As a condition of the g rant I certify that I will not engage in (g) Making a goodfaith effort to continue to maintain a dru g- free the or use unlawful or a controlle manutac ure, substance distnbution, in condition dispensing, 8my possession activity with workplace throu g h implementation of paragraphs (a), (b), (c), (d), the grant ; and (e), and (f). ft The grantee in the B. If convinced of a criminal drug offense resulting , from a tImnec neICsert WO eicjcYiw e violation occurring during the condji0 of any grant activity, I will ecitic grant: repo rt the conviction, in writin g, within 10 calendar days of the conviction, to: Department of Justice, Office of Justice Programs, Place of Performance (Street address, cit y, country, state, zip ATTN: Control Desk, 633 Indiana Avenue Washington, code ) D.C. 20531. As the dul y authorized representative of the applicant, I hereb y certify that the applicant will compl y with the above certifications. 1, Grantee Name and Address: Maxicopa County Attorney's Office 301 W. Jefferson St. Suite 800, Phoenix, AZ 85003 2. Application Number and/or Project Name 3. Grantee IRSNendor Number 4. Typed Name and Title of Authorized Representative Bill Montgomery, Maricopa County Attorney 5. Signature 6. Date