Agreement - IGA with USDOJ DEA Tactical Diversion Task Force

TACTICAL DIVERSION
TASK FORCE AGREEMENT

This agreement is made this Ist day of October 2022, between the United States Department of
Justice, Drug Enforcement Administration (hereinafter "DEA"), and the Glendale Police
Department, ORI#A.Z0071300 (hereinafter "parent agency"). The DEA is authorized to enter
into this cooperative agreement concerning the use and abuse of controlled substances under the
provisions of 21 USC § 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 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.

To accomplish the objectives of the task force, the parent agency agrees to detail one (1)
experienced officers to the Phoenix Tactical Diversion Task Force for a period of not
less than two years. During this period of assignment, the parent agency officers will be
under the direct supervision and control of a DEA supervisory special agent assigned to
the task force.

The parent agency 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.

The parent agency officers assigned to the task force shall be deputized as task force
officers of DEA pursuant to 21 USC § 878.

To accomplish the objectives of the Phoenix Tactical Diversion Task Force, DEA will
assign six (6) special agents and two (2) diversion investigators to the task force. DEA
will also, subject to the availability of annual Diversion Control Fee Account (DCFA)
funds, provide necessary funds, vehicles, and equipment to support the activities of the
DEA special agents and one (1) 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.

FY2023 DEA Tactical Diversion Task Force Agreement: Glendale Police Department 1|Page

6. During the period of assignment to the Phoenix Tactical Diversion Task Force, the parent
agency will be responsible for establishing the salary and benefits, including overtime, of
the officers assigned to the task force, and for making all payments due them. DEA will,
subject to availability of funds, reimburse the parent agency for overtime payments.
Annual overtime for each state or local law enforcement officer is capped at the
equivalent to 25% of the salary of a GS-12, step 1 of the general pay scale for the rest of
the United States. Reimbursement for all types of qualified expenses shall be contingent
upon availability of funds and 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 investigators who incurred overtime for DEA during 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. The parent agency will bill
overtime as it is performed and no later than 60 days after the end of each quarter in
which the overtime is performed. 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 parent agency charge any indirect cost rate to DEA for the
administration or implementation of this agreement.

8. The parent agency 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 parent agency 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
parent agency shall maintain all such 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.

10. The parent agency 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 parent agency 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 parent agency acknowledges that this agreement will not take effect and no federal
funds will be awarded to the parent agency 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 parent agency 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.

FY2023 DEA Tactical Diversion Task Force Agreement: Glendale Police Department 2|Page

13. The term of this agreement shall be effective from the date in paragraph number one until
September 30, 2026. This agreement may be terminated by either party on thirty days’
advance written notice. DEA’s support to the Phoenix Tactical Diversion Task Force is
subject to the availability of funds on a fiscal year basis (October 1 through September 30
of the next year). Billing for all outstanding obligations must be received by DEA within
60 days of the end of each fiscal year or within 60 days of termination of this agreement.
DEA will be responsible only for obligations incurred by the parent agency during the
term of this agreement on a fiscal year basis, subject to the availability of funds.

For the Drug Enforcement Administration:

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

For the Glendale Police Department:

Chik Mypgo Aoloofbo ez.
Chris Briggs, Chief of Péfi Date

FY2023 DEA Tactical Diversion Task Force Agreement: Glendale Police Department 3|Page

FY 2023 DEA TASK FORCE AGREEMENT: GLENDALE POLICE DEPARTMENT
TACTICAL DIVERSION TASK FORCE AGREEMENT FFY 2023 — FFY 2026

CITY OF GLENDALE SIGNATURE PAGE

ATTEST:

Julie K. Bower, City Clerk (SEAL)

APPROVED AS TO FORM:

Michael D. Bailey, City Attorney