FY2014 DEA TASK FORCE AGREEMENT 082113.PDF
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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 30 th day of September, 2013, 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 Tucson Task Force Group 2 (Officer detailed to Phoenix Task Force Group 3) 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 Group 3, 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. 2014 Martcopa County Attorney's Office Task Force Agreement 1 5. To accomplish the objectives of the DEA Phoenix Task Force Group 3, 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 Group 3, 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 Group 3 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 $17,202.25), 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 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. 2014 Maricopa County Attorney's Office Task Force 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, 2014. 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 Bill Montgomery Maricopa County Attorney For Maricopa County: Attest: Chairman, Board of Supervisors Date Clerk of the Board Date Approved as to Form: Deputy County Attorney Date Attachment 2014 Maricopa County Attorney's Office Task Force 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 re g ulations cited below to determine the certification to which the y are required to attest. Applicants should also review the instructions for certification included in the re g ulations before completin g this from. Signature of this form provides for compliance with certification re quirements under 28 CFR Part 69, "New Restrictions on Lobb ying" and 28 CFR Part 67, "Government-wide Department and Suspension (Nonprocurement) and Government-wide Re quirements for Dru g-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 a greement. 1. LOBBYING uTic (Federal,. State,. or local) tra action or contract under a lic transaction;, vioiation, or eaeai ae antitrust Ais,foiteildd ba)( 2.13e80 .13S2. Title of the statutes foraifarturilis )lonv of embezzlement. r destruction t.crs, ma in g g9'd iy:RoocrdivameretrraRificesetclIy663,8151?, as &line% at 2t sfaufeWeng, or receivin g stolen property; (a) No Federal appropriate fu nds have been paid or will be paid, (c) Crfarzedsi% Are not presently a indiyar _en fotr ity oripthcrrwa-r e er orpcisy by or on behalf of the undersigned, to any person for influencing ci,an.v any or tne orrenses'enumerbea8 paragraph or attempting to influence an Officer or employee gf any agency , FercoP us certification; and ' ' a Member Pt Con gress, an officer or emplo yee of Congress, r an employee at a Member of Congress in connection with the making Of any Federal want th e enterin g into of any vragerliot within junee/iaefaxig iRsd N8sgrgaleapgiciagii cooperative agfeement, and extension, continuation, renewal, amendment, or modification of an y Federal grant or cooperative a greement; B. Where the applicant ist.unatilie to certify any cg the i ttsan i,on, e or se s a a ac an bfntv 4ertiggitaiP?ajfappropriated s other than Fepe a l funds ani havei pe l n WaTISIIrt3sn thYaIsap iSfEar Tuence an er or eroovee of anyaaen% a ebe P a Uet giNea?t d erienwore rgr co netonAseirar °iccrTIP° g Pi?? katiitnfaiiVrAWmviDuALs ) csgperatre r,t armofm L criVities, v in accordance rierfersIgPdsilwTOi with i inStructions; Bsck:seo gbyil g As freenpefgtdi Wr1lace..Act of 1988, and as ara n e a al x8 6rSectfons emit' and %TAM the all pt88 d7li9g su granscontracts award re ue d 4n%tsapuaZd unuer orents aria A. arug-rree The applicant workplace certifies o y : that it will or will continue to provide a cooperative Lbcentrg5and trrat a sub- CishPce Aree e31Ter e disclose get accordingly. (al Pub)ishing a statement employees that the a manufacture inu distribution, ig raritat flowzmprogioN, ursfliwote ro Vie nv`fraleseorianqbeCs AND OTHER workplace aria e actions %NI be kerr against empsoyees tor violation or sucn proni Mon; Tssn te trid (b.) rnrorm Establishino employees an. aoout- on-going drug-free awareness pro gram to gafrild.anbcr imEggetk'tSd aOtrgrc 0450t, 6 -PV r cgary 7,%egrofi rbceisreci transactions, as degnecP a? a (1) The dangers of drugs abuse in the workplace; A. The applicant certifies that it and its principals: (2) The grantee's policy of maintaining a drug-free workplace; (3) Any available drug counselin g, rehabilitation, and emplo yee (a) Are not presently debarred, suspended, proposed for debar- assistance programs; -ano ment, declared ineligible, sentenced to a denial of Federal benefits covered by transactions a State or Federalcourt, by any Federal or voluntarily department excluded or agency; from aause (4) The vroiations benalties occurring that mav.be in tne impodw workplace; seon employees for dru g rdelgacvoencTI:JU8in?? three-year this fR mgr.,ig,;tara aciyir2pent e grant that each given a copy of to the be nciaged statement in TtdeWrteFeendcireTe /Naa?acgi reqd7redWpara grapT; (a7 ; ri3ert ornwea in con ection ocijaPirTisaliSPn rWin 'gag ogtaIncror (d) Notifying the aesmi'VneStioirrI1 oft'a7-npfclaTninUncfMe8rait-Y, OJP FORM 4061/6 (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 ernolcier in wri,ing of his .or her conviction for a vi la ion o a criminal drug sta;ute occurring in the workplace no later than ive calendar days ater such conViction; (e) ca Notifying Noti fiAnngg he a gency, writing it jn c e e s r a o atfts receiwr gm notice isf reoe under visg subar atuanoticVO aPi i!l u a e\r icti n. Check F if nere. there are workplace on file that are not identified gr wyp ergz t nvlc u en e F o esrnuit grov i iotcenTys ncede i co7 o t lm om E 1 °n lkeo . tsw 6h.5a hIs iinnccA l ura d n ea thA v eidne u dne t iyfisc M - nh a Section state mai. 67, eietct 630 of IR the ma regu ice onli)ceriiticarn lations provides in.eachi-edera .that a grantee Mat ) tiscai is nun r?syoeacha ' f ec ed grant; year_ A o ch 5 ouia e inciu ed wan each appiication tor Dena ent slice tun ina. states and state 'a gencies may elect use i-orm 4u if7. (I) TalIng one, of the.. followigg actions, within 30. calendar Pac?.ea tolgig101olOrweho slr cOnuvifiade-graph Check E if the State has elected to complete OJP Form 4061/7. Tat o p tfaoparog iten cppmasotinrecl roaTltion °asfgntv awisci R tg rhki 'a eAnT 1*3:s amended; PG[ItAIMPEE WIMPRWE5IVIDUALS) (2) Requiring such empl.to participate satisfactorily in a drill As irerRi.61i40,1 ,yae p&uyi-Frrie%7W9rMolasie FAI,rouspe8ds araisl mouse assistance or re potation program approve tor suc purposes by a ederal, state, or Iota' health, 'iaw en orcemen , IcUrTea n e b‘7; l'ectiorisler.giT arid 6'7. 61n. ' Or anner appropriate agency; (g) Making a good faith effort to continue to maintain a drug- free A. or me use ii`r712 aancFontro ufhil%?)71§fiuhi9e?rTiVegulgif,ydtkelte^firl'9nontorg4e;!n controlled in condition h)r activity with workplace thrOugh implementation of para graphs (a), (b), (C), (d), (e), and (t). Is) fTor ttgarin?Ler?orr-Pna4 'Me iVvg 5811F iRrocvdgrlecW?wwItile site violation B. If convinced occurring of during a criminal Me conduct drug offense of any grant resulting. activity, from I will a eci lc grant: : report the conviction, in writin g, within 10 carendar days of the conyiction, to: Department of Justice, Office of Juatice.Frrograms, Place of Performance (Street address, cit y , country, state, zip Al TN: Control Desk, 633 Indiana Avenue, NW., VYashitigton, code ) 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 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