Agreement - IGA with DEA Tactical Diversion Task Force

TACTICAL DIVERSION
TASK FORCE AGREEMENT
This agreement is made this Ist day of October 2021, between the United States Department of
Justice, Drug Enforcement Administration (hereinafter "DEA"), and the Glendale Police
Department, ORI# AZ0071300 (hereinafter "GPD"). 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 controlled substance pharmaceuticals and/or
listed chemicals exists in the state of Arizona area and that such illegal activity has a substantial
and detrimental effect on the health and general welfare of the people of Arizona, the parties
hereto agree to the following:

1. The DEA’s Phoenix Tactical Diversion Task Force will perform the activities and duties
described below:

a. Investigate, disrupt and dismantle individuals and/or organizations involved in diversion
schemes (e.g., “doctor shopping”, prescription forgery, and prevalent retail-level
violators) of controlled pharmaceuticals and/or listed chemicals in the Arizona area;

b. Investigate, gather and report intelligence data relating to trafficking of controlled
pharmaceuticals and/or listed chemicals; 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 Phoenix Tactical Diversion Task Force, the GPD
agrees to detail one (1) experienced officers to the Phoenix Tactical Diversion Task Force
for a period of not less than one year. During this period of assignment, the GPD officers
will be under the direct supervision and control of a DEA supervisory special agent assigned
to the task force.

3. The GPD 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 GPD officers assigned to the task force shall be deputized as Task Force Officers of the
DEA pursuant to 21 U.S.C. Section 878.

5. To accomplish the objectives of the Phoenix Tactical Diversion Task Force, DEA will

assign five (5) special agents and two (2) diversion investigators to the task force. The DEA
will also, subject to the availability of annual Diversion Control Fee Account (DCFA) funds

FY 2022 Tactical Diversion Task Force Agreement: Glendale Police Department 1|Page

or any continuing resolution thereof, provide necessary funds, vehicles, and equipment to
support the activities of the DEA special agents and GPD officers assigned to the task force.
This support will include: vehicles, office space, office supplies, travel funds, funds for the
purchase of evidence and information, investigative equipment, training, and other support
items, as available DCFA funds permit. Task force officers must record their work hours via
DEA’s activity reporting system.

6. During the period of assignment to the Phoenix Tactical Diversion Task Force, the GPD
will remain responsible for-establishing the salary and benefits, including overtime, of the
officers assigned to the task force, and for making all payments due them. The DEA will,
subject to availability of funds, reimburse the GPD for overtime payment. Annual overtime
for each state or local law enforcement officer is capped at the equivalent of 25% of a GS-12,
Step 1, of the general pay scale for the Rest of United States. Reimbursement for all types of
qualified expenses shall be contingent upon availability of funds and the submission of a
proper request for reimbursement which shall be submitted monthly or quarterly on a fiscal
year basis, and which provides the names of the investigators who incurred overtime for
DEA during the invoiced period, the number of overtime hours incurred, the hourly regular
and overtime rates in effect for each investigator, and the total cost for the invoiced period.
Invoices must be submitted at least quarterly within 30 days of the end of the invoiced
period. Note: Task Force Officer’s overtime shall not include any costs for benefits,
such as retirement, FICA, and other expenses.

7. Inno event will the GPD charge any indirect cost rate to DEA for the administration or
implementation of this agreement.

8. The GPD 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 GPD 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 GPD shall maintain all
such reports and records until all litigation, claim, audits and examinations are completed and
resolved, or for a period of six (6) years after termination of this agreement, whichever is
later.

10. The GPD 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.

FY 2022 Tactical Diversion Task Force Agreement: Glendale Police Department 2|Page

11. The GPD 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 GPD
acknowledges that this agreement will not take effect and no federal funds will be awarded to
the GPD 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 GPD 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 until
September 30, 2022. This agreement may be terminated by either party on thirty days’
advance written notice. Billing for all outstanding obligations must be received by DEA
within 90 days of the date of termination of this agreement. The DEA will be responsible
only for obligations incurred by GPD during the term of this agreement.

For the Drug Enforcement Administration:

Date:

Cheri A. Oz, Special Agent in Charge
Phoenix Field Division

For the Glendale Police Department:

. ¢
chat Lhregge Date: Vhs 27
Chris Briggs, Chief of P@fi

Glendale Police Department

ATTEST: APPROVED AS TO FORM:

Julie K. Bower, City Clerk Michael D. Bailey, City Attorney

FY 2022 Tactical Diversion Task Force Agreement: Glendale Police Department 3|Page

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, "Govemment-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

anu rae U8 a

nt certifies that.

2) 8 No Federal 1 appropriate funds have been paid or will be paid,

or on behalf of the undersigned, to any person for influencing
oF attem ting Ge influence an Officer or Seo of any agency,
a Member of ng GSS. an ol t or employee of Congress, or
an employee o Member 0: Ngress in Connection with ‘the
making 08 Federal grant, e entering into of any
cooperative agreement, and extension, continuation, renewal,
amenament, Of modification of any Federal grant or cooperative
agreement

'b). If an ds other than Federal a ropriated {or aig have been
ee ites er oF erinfoyes. 9 cee oe impling ne

pa pele pr Sia ire sald Farant 8 of

orm 1SCl ter 0

HRI. in "ac¢ordan ce with its cr rantaee Boying

eee npged inp 8 aw ward documatus pace

acl rant
FSOBiSAaPCCHY rab) ol

nd Rennes
isa suthn4 BATTERSION: AND OTHER
)

disclose acourd
ired i rl
CaSO a RR A ohn

A. The applicant certifies that it and its principals:

(a) Are not presently debared, suspended, proposed for debar-
Ment, declared ineligible, sentenced to a denial of Federal
benefits by a State or Federal court or voluntarily excluded

ansactions by any Federal department or ‘agency,

covered

(Bes a ya Berea ma
jf gommission al tl enee, in confection with
obtaining, 2 empting to ob tains or pertoi

Fe ule (Federal, ions ‘i de laton, of Pederal or Te aitud Her 9
Bitale esta Caton: or rasetucton “oF tecords, making yeh,

is, Or teceiving stolen property;

Sle BS ir CEES CN,
IC

aw enumerated In paragraph
ice ath ihe Peels

(gatane oot tina byes eas pe (reseriD Sra ale
lerminated for caus! or de Bult agi

t .
Sta mans neue ese Siam he Sr She YAS “atach “BR
explanation to tt appli plication:

forANTEESSFALR TAN Rfbiviouacs)
Scere BE IBE Cs
bug’ he PR Bia erpiities that it will or will continue to provide a

(3) cA stat ment noti iar em loyees that the
ed many ie dr a nbution, rg eet

Bye ath hs vactong gi wll Be Bg aramee’s

Ployees or vit proni

going drug-free awareness program to

Por ebli sD yebs abeue
(1) The dangers of drugs abuse in the workplace;

(2) The grantee's policy of maintaining a drug-free workplace;
(3), Any, ayia! le Ay igpunseling, rehabilitation, and employee

Pubes Ben rati allie lions shat may,

Ka ao a Oy Fe bSSSL DOES (RR TARRR

required |  paragrap

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PTR yen employees for drug

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if asa cond afc ‘empl alam nde ayer aby

OJP FORM 4061/6 (3-91) REPLACES OJP FORMS 4061/2, 4062/3 AND 4061/4 WHICH ARE OBSOLETE.

", Abide by the terms of the statement; and

fate igen Wve Cal ne fer ule Bee hot

me —— ato Tare seas
ie aoe rare an ui hee st Sys ing
Wi Vaghinginy O.C B Bi dies i a3 | include the Aeros a Ws

Ta at one. of the following ac acti ers, within,
ecelvi notice under
re: Hedt to Seeing,
sonnel .action a against suc

loyee who Is So convi bear gare
Palate a se en

c {2 er eipata anual ina dru

yo or lobal ti sans? Went orcermen 5

Th Py SFengat

Rtn sre
Brower spy a reds ace

Makin a good faith effort to continue to maintain a drug- free

eng agp frouah implementation of paragraphs (a), (b), 18), (d),

CRUE RSMGHACE ST Qe BAER CSARECRR A AE
fecitic i

Be Pag a5, of Performance (Street address, city, country, state, zip

provided belo
connecti

DEA Offices

Check [ jf.there are workplace on file that are not identified

niG7. 630 1a inake ulations prov fy ingoe nfee that is
Seay ea Asi a Hy eras
0. le be. ea ope application

ae an ite ‘Tyences

aa Ae

Check fF be State has elected to complete OJP Form

Hasty BES wae ARE RBivi DUALS)
ie if een aA ct eter 87, Be ak pn aspees, 38

pdition of the grant. | certify that | will not eng ein
BS Heap Non

B. If convinced of a criminal drug ¢ offense resulting from i
violation occurring during the condu any rant activity, wid
report the convic’ lon, in Swrting. within calendar days of the
at ction, Io. De ariment ustice, ttice’c pustcg tograms,

font rol Desk, 633 Indiana Avenue, N.W., Washington:

As the duly authorized representative of the applicant, | hereby certify that the applicant will comply with the above certifications.

1. Grantee Name and Address
Glendale Police Department
6835 North 57th Drive
Glendale, AZ 85301

2. Application Number and/or Project Name

3. Grantee IRS/Vendor Number

4. Typed Name and Title of Authorized Representative

Chris Briggs, Chief of Police

5. Signature