2015 MCSO DEA AGREEMENT 2 DEPUTIES TUC5.PDF
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PROGRAM-FUNDED STATE AND LOCAL TASK FORCE AGREEMENT BETWEEN DRUG ENFORCEMENT ADMINISTRATION AND MARICOPA COUNTY This agreement is made this 30 day of September, 2014, 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 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 Tucson Task Force (Officers detailed to DEA Phoenix Task Forces) 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 Tucson Task Force (Officers detailed to DEA Phoenix Task Forces), the MCSO agrees to detail two (2) experienced Officers to the DEA Tucson Task Force (Officers detailed to DEA Phoenix Task Forces), 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. 3. 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. 4. The MCSO Officers assigned to the Task Forces shall be deputized as Task Force Officers of DEA pursuant to 21 U.S.C. §878. 2015 MCSO Tucson Program Funded Agreement 1 5. To accomplish the objectives of the DEA Tucson Task Force (Officers detailed to DEA Phoenix Task Forces), 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 Tucson Task Force (Officers detailed to DEA Phoenix Task Forces). 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 Tucson Task Force (Officers detailed to DEA Phoenix Task Forces), the MCSO will remain responsible for establishing the salary and benefits, including overtime, of the MCSO Officers assigned to the Tucson Task Force (Officers detailed to DEA Phoenix Task Forces), and for making all payments due them. DEA will, subject to availability of funds, reimburse the MCSO for overtime payments made by it to the MCSO Officers assigned to the DEA Tucson Task Force (Officers detailed to DEA Phoenix Task Forces), 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 MCSO charge any indirect cost rate to DEA for the administration or implementation of this agreement. 8. The MCSO 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 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. 10. 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. 2015 MCSO Tucson Program Funded Agreement 2 11. 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. 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 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. 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 MCSO during the term of this agreement. For the Drug Enforcement Administration: ________________________________________ Date ____________ Douglas W. Coleman Special Agent in Charge For the Maricopa County Sheriff’s Office: _______________________________________ Date ____________ Joseph M. Arpaio Maricopa County Sheriff Attachment 2015 MCSO Tucson Program Funded Agreement 3 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 ______, 2014 BY:___________________________________ County Attorney’s Office Attachment 2015 MCSO Tucson Program Funded Agreement 4