2014-2015 OCDETF AGREEMENT ONLY.PDF
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APPROVED FORMS (as of October 2010) 1. A form to be used by state and local agencies and affected Federal agencies when an Agreement is sought for the use of the OCDETF Strike Force/Strategic Initiative Programs; 2. A form to be used by state and local agencies and affected Federal agencies to notify the OCDETF Executive Office of a change in estimated costs or expenses on an existing, approved agreement; 3. A form to be used by the Strike Force Leader or AUSA OCDETF Coordinator when referring to the Strategic Initiatives to request funding modifications to existing agreements; 4. A form to be used by state and local agencies to request reimbursement of authorized expenses; 5. A form to be used by state and local agencies to provide Automated Clearing House (ACH)/Vendor payment information; electronic funds transfer (EFT) is the preferred way of payment mandated by the 1996 Debt Collection Improvement Act. ORGANIZED CRIME DRUG ENFORCEMENT TASK FORCES Agreement FOR THE USE OF THE OCDETF STRIKE FORCE/STRATEGIC INITIATIVE PROGRAMS Federal Tax Identification #: 86-60000472________________________ DC #: _______________ Amount Requested OCDETF Investigation/Strategic Initiative #: $617,337.01 SWAZP0706 Federal Agency Investigation #: From: October 1st , 2014 DEA: MN-14-0094 Beginning Date of Agreement State or Local Agency Name and Address: To: September 31st , 2015 Maricopa County Sheriff’s Office Ending Date of Agreement 550 West Jackson Street Strike Force/Strategic Initiative Name and Address: Phoenix, Az 85003 OCDETF/ Phoenix Field Division Strike Force Westmount Place, Suite 301, 3010 North 2nd Street, Phoenix, AZ 85012 State or Local Agency Sponsoring Federal Agency (Strike Force only): DEA Narcotics Supervisor: Lt. Jeff Gentry Lead Investigator: GS Shannon Carrizal Telephone Number: 602-876-1092 Telephone Number: 602-664-5848 E-mail Address: J_Gentry@mcso.maricopa.gov Email Address: Shannon.L.Carrizal@usdoj.gov Fax Number: 602-437-9891 Brief explanation of services/goods provided and basis for determining costs: Purchase of Equipment: 1)New Antennas/Finishing Tool for Cellphone Detection /Collection/Tracking Device to find new phones of targets/suspects in investigations;2)Update Contraband Detection Kits (Digital Fiberscopes); 3) Body Armor for new/existing agents/task force officers to replace expired armor; 4) Pole Cameras to view suspect/target homes /businesses from afar;5) Forensic Analyzers that will identify illegal narcotics, synthetics, precursors of suspected substances; 6) Mobile Tablets to run vehicles, view pole cameras, access portable GPS devices and other databases in the field; Services: 7) Subscription for trackers already purchased by OCDETF; investigation for visual evidence; 8) Maintenance Agreement, New Antennas/Finishing Tool for Cellphone Detection /Collection/Tracking Device;9)Data Cell Plan for Pole Cameras, MDT’s/ Tablets ;10) Lease Vehicle for OCDETF Purchased Stingray Cellphone Detection /Collection/Tracking Device; 11) Yearly maintenance and updates for Cell Phone Analyzers already purchased; 12) Renewal of Sur-Tec VP All in One Mobile Listener, Locator, Communicator Surveillance Package for Undercover Operations 13) Service for Cellphone Data Air Card Plans for Existing/New Pole Cameras;14) Vehicle Mobile Radio supplies for vehicles (antennas) already purchased install and uninstall costs for these vehicle radios Please provide the name, telephone number, and e-mail address for the administrative or financial staff person at the state or local agency, who is directly responsible for the billings under this Reimbursement Agreement: Name: Capri Jungels Telephone Number: 602-876-1012 E-mail Address: C_Jungels@mcso.maricopa.gov Fax Number: 602-379-0177 This agreement is between the above named state or local agency and the Organized Crime Drug Enforcement Task Force (OCDETF) Program. This agreement shall be effective when signed by a state or local law enforcement agency official, who is authorized to approve the expenditure of funds in support of OCDETF investigations, the Strike Force leader or his/her designee (Strike Forces) or the AUSA OCDETF Coordinator (Strategic Initiatives) and the OCDETF Executive Office Budget Officer, or his/her designee. 1. This agreement is limited to the amount of funds stated on the cover page of the agreement and no reimbursements will be made in excess of this amount prior to written approval from the United States Attorney’s Office and the OCDETF Executive Office. Any request for modification for the above funding amount or type equipment (if different or more than originally approved) must be justified in writing and approved prior to the expenditure of funds. Monitoring of overtime usage and the available authorized reimbursement balance is the responsibility of the sponsoring agency and the state and/or local party to the agreement. 2. It is agreed that the state or local agency named on this agreement will assist in OCDETF investigations, strategic initiatives, and/or prosecutions as set forth in the Organized Crime Drug Enforcement Task Force Strike Force/Strategic Initiative Programs and Policy and Procedures Manual, October 2010. 3. An Agreement for the use of the OCDETF Strike Force/Strategic Initiative Programs (“Agreement”) must be completed whenever state or local law enforcement agencies plan to seek reimbursement for permissible costs resulting from their participation in a Strike Force investigation/Strategic Initiative. Agreements are specific to a single OCDETF Strike Force investigation/Strategic Initiative. Each Agreement must be approved and signed by a state or local law enforcement agency official, who is authorized to approve the expenditure of funds in support of OCDETF investigations, the Strike Force leader (Strike Forces) or AUSA Coordinator (Strategic Initiatives) and the OCDETF Executive Office. All required signatures must be obtained before the Agreement can be accepted and the funds obligated. 4. An agreement must fall within a fiscal year period (October 1 – September 30). State and local agencies must use an accurate “Beginning Date of Agreement” (Not always October 1). An agreement can never be dated before the investigation was approved as an OCDETF case. 5. If an Agreement does not have any activity during the last ninety (90) days from the last time a bill has been submitted or during the first ninety (90) days from the date the Agreement was signed, the funds shall be deobligated. Further, if a state or local agency determines that it is no longer performing work under a particular Agreement, a modification memorandum identifying the amount to be deobligated will be submitted by the Strike Force Leader or AUSA Coordinator to the OCDETF Executive Office as soon as possible. 6. A listing of costs that will be reimbursed by the Strike Force/Strategic Initiative Programs will be attached to each agreement. The total cost listed on the Cost Estimate Sheet should match the Amount Requested on the Agreement Cover Page. This must be a detailed listing of each expense expected to be purchased under the Agreement. For example, simply listing “Equipment” or “Surveillance Equipment” is not acceptable. In this example, all equipment should be listed separately such as binoculars, cameras, camera mounts, etc. Each expense listed on the cost estimate sheet must also have a price quote submitted with the Agreement to verify the accuracy of the cost estimates. 7. The Strike Force Leader (Strike Forces) or AUSA Coordinator (Strategic Initiative) must ensure that the cumulative authorized expense commitments do not exceed the total Strike Force/Strategic Initiative fund allocation. 8. Reimbursement for any expenditure above the Agreement amount must be approved by both the Strike Force Leader (Strike Forces) or AUSA Coordinator (Strategic Initiative) and the OCDETF Executive Office. 9. All approving officials must agree to amendments or changes to the amount of the Agreement, the listing of eligible items to be reimbursed, and associated estimates that occur after an Agreement has been executed. These amendments or changes must be transmitted by a memorandum approved and signed by the Strike Force Leader (Strike Forces) or AUSA Coordinator (Strategic Initiatives), and forwarded to the OCDETF Executive Office. All changes made to the original agreement must be approved and initialed by the person making the revision and the Strike Force Leader (Strike Forces) or AUSA Coordinator (Strategic Initiatives). 10. This agreement may be terminated by any of the parties by written notice to the other parties ten (10) business days prior to termination. Billing for outstanding obligations shall be received by OCDETF within thirty (30) days of the notice of termination. 11. Costs incurred pursuant to an OCDETF investigation or due to participation in an OCDETF Strategic Initiative by a state and local program participant, including informant fees, purchase of evidence, travel, either by a state or local officer, witness or confidential source; rental of automobiles; cost of interpreters or translators; training in support of OCDETF; technical surveillance equipment; rental of office space for temporary use, such as an off-site location for electronic monitoring or off-site command post, may be reimbursed by OCDETF under certain circumstances. 12. Rental payments cannot be paid in advance and must be paid in arrears. Reimbursable Requests with rent included are due on the first workday of each month, and must be for the month that just ended rather than the month beginning. For example, reimbursement for rental space incurred in February cannot take place before March 1st. Any exceptions or additions to the approved reimbursable costs listed above must be detailed and attached in Addendum A of the Agreement. 13. Property and equipment purchased through the OCDETF Program must remain available to the Strike Force/Strategic Initiative for the duration of its existence. The reimbursement of these items must be permissible under the AFF statute, Section 524 (c)(1)(I) of Title 28, United States Code, and this guidance, and are subject to the availability of funds. 14. Subsequent to payment of invoices by the state and local agency to a third party vendor, the DOJ will reimburse the agency for approved investigation or initiative related equipment and service costs. Claims must be submitted monthly on the OCDETF Reimbursement Request Form. 15. State and local agencies must provide official procurement documents to support all reimbursable expenditures to the Strike Force leadership (Strike Forces) or AUSA Coordinator (Strategic Initiatives). If proper supporting documentation is not available, OCDETF will not make reimbursement payments. The cumulative amount of all reimbursements cannot exceed the agreement amount without proper modification. 16. Under no circumstances will the state or local agency charge any indirect costs for the administration or implementation of this agreement. 17. By the 25th day of the month the quarter ends (December, March, June and September), the Strike Force Leader (Strike Forces) or AUSA Coordinator (Strategic Initiatives) will provide to the Executive Office a status of funds report detailing expenditures for each reimbursable agreement. 18. The state or local agency shall permit examination and auditing by representatives of the OCDETF Program, the sponsoring Federal agencies, DOJ, the Comptroller General of the United States, and/or any of their duly-authorized agents and representatives, of all records, documents, accounts, invoices, receipts, or expenditures relating to this agreement. In addition, the state or local agency will maintain all such foregoing reports and records until all audits and examinations are completed and resolved, or for a period of six (6) years after termination of this Agreement, whichever is later. Failure to provide proper documentation will limit State or Local law enforcement agencies from receiving OCDETF funding in the future. 19. The state or local agency will comply with Title VI of the Civil Rights Act of 1964 and all requirements applicable to OCDETF agreements pursuant to the regulations of the Department of Justice (see, e.g., 28 C.F.R. Part 42, Subparts C and G; 28 C.F.R. 50.3 (1991)) relating to discrimination on the grounds of race, color, sex, age, national origin or handicap. 20. Electronic Funds Transfer Process a) The Debt Collection Improvement Act of 1996 requires that most payments made by the Federal government, including vendor payments, must be made by electronic funds transfer (EFT). All participating State and Local agencies must complete and submit the attached ACH vendor enrollment form. The OCDETF Executive Office must receive one ACH form from each participating agency or police department prior to processing their reimbursement payments. This agreement is not a contract or obligation to commit Federal funds in the maximum amounts projected. Funding allocations for the time period set forth, agreed to herein represent projections only, and are based upon consultation between the Strike Force or AUSA Coordinator and the state or local law enforcement agency. They are, therefore, subject to modification by OCDETF based upon the progress and needs of the OCDETF investigation. Additionally, resources are contingent upon the availability of funds per the approval and signature of the OCDETF Executive Office obligating authority. The OCDETF Executive Office will approve and certify that all the terms and conditions of the agreement have been met. Approved By: ______________________________________________________________ Authorized State or Local Official Title Date Approved By: ______________________________________________________________ Strike Force Leader (SF /AUSA Coordinator (SI) Title Date Funds are encumbered for the costs specified above, subject to the availability of funds. Funds Certified: ____________________________________________________________ OCDETF Executive Office Date Approving Official: _________________________________________________________ OCDETF Executive Office Date Agreement - (Oct 10) ACH VENDOR/MISCELLANEOUS PAYMENT ENROLLMENT FORM PAYEE/COMPANY INFORMATION (Include State and Local Agency name as written on agreement cover sheet) Name: Sheriff’s Office/Maricopa County Address: 301 West Jefferson St. Suite 1050 Phoenix, AZ 85003 Taxpayer ID Number: 86-60000472 Contact Person Name: Capri Jungels Telephone Number: 602-876-1012 FINANCIAL INSTITUTION INFORMATION Bank Name: JP Morgan Chase Bank, N.A. Nine-Digit ABA Routing Transit Number: 122100024 Depositor Account Number: 970439659 Type of Account: (checking/savings) Checking Please return with the Reimbursable Agreement The Debt Collection Improvement Act of 1996 requires that most payments made by the Federal government, including vendor payments, must be made by EFT. A benefit of receiving payments by EFT is that your funds are directly deposited to your account at a financial institution and are available to you on the date of payment. If you have any question regarding the delivery of remittance information, please contact the financial institution (bank) where your account is held. If you have any question on the completion of this form, please contact the OCDETF State and Local EFT Coordinator at 202-514-1860 To inquire about a bill please contact: https://www.ipp.gov/ ACH Form (Oct 10) (Form FS-400/ Revised 4/2/01)