HomeMy WebLinkAboutResolution 2008-158 task force agreement with the us department of justice drug enforcement administrationMARANA RESOLUTION N0.2008-158
RELATING TO THE POLICE DEPARTMENT; APPROVING AND AUTHORIZING THE CHIEF
OF POLICE TO EXECUTE A TASK FORCE AGREEMENT BETWEEN THE MARANA
POLICE DEPARTMENT AND THE UNITED STATES DEPARTMENT OF JUSTICE, DRUG
ENFORCEMENT ADMINISTRATION
WHEREAS evidence has shown that trafficking in narcotics and dangerous drugs exists in
the Pima County area; and
WHEREAS the United States Department of Justice, Drug Enforcement Administration has
established a DEA Tucson Task Force whose mission is to investigate, prosecute and disrupt illicit
drug trafficking in the State of Arizona; and
WHEREAS the Town of Marana, through its Police Department and the United States De-
partment of Justice, Drug Enforcement Administration desire to renew an agreement by which the
Town will be able to continue to participate in the DEA Tucson Task Force; and
WHEREAS, the Mayor and Council of the Town of Marana feel it is in the best interests of
the public to renew this agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, that the agreement between the Marana Police Department and the United
States Department of Justice, Drug Enforcement Administration, attached to and incorporated by this
reference in this resolution as Exhibit A, is hereby approved, and the Chief of Police is hereby au-
thorized to execute it for and on behalf of the Town of Marana.
IT IS FURTHER RESOLVED that the Town's Manager and staff are hereby directed and au-
thorized to undertake all other and further tasks required or beneficial to carry out the terms, obliga-
tions, and objectives of the intergovernmental agreement.
PASSED, ADOPTED, and APPROVED by the Mayor and Council of the Town of Marana,
Arizona, this 2°d day of December, 2008.
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Mayor Ed Honea
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TASK FORCE AGREEMENT
BETWEEN
DRUG ENFORCEMENT ADMINISTRATION
AND
MARANA POLICE DEPARTMENT
This agreement is made this 30th day. of September, 2008, between the United States Department
of Justice, Drug Enforcement Administration (hereinafter "DEA"), and Marana Police
Department (hereinafter "MPD").
WHEREAS there is evidence that trafficking in narcotics and dangerous drugs exists in the area
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:
The DEA Tucson Task Force 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, the MPD agrees to
detail two experienced officers to the DEA Tucson Task Force for a period of not
less than two years. During this period of assignment, the MPD Officers will be
under the direct supervision and control of DEA supervisory personnel assigned
to the Task Force.
3. The MPD 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 MPD Officers assigned to the Task Force shall be deputized as Task Force
Officers of DEA pursuant to 21 U.S.C. 878.
To accomplish the objectives of the DEA Tucson Task Force, DEA will assign a
significant number of 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
2009 Marana Police Department Task Force Agreement
f
DEA Special Agents and Officers 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 Tucson Task Force, the MPD 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.
DEA will, subject to availability of funds, reimburse the MPD for overtime
payments made by it to the MPD officers assigned to the DEA Tucson Task Force
for overtime, up to a sum equivalent to 25 percent of the salary of a GS-12, Step
1, (RUS) Federal employee (currently $16,328.75), per officer.
7. In no event will the MPD charge any indirect cost rate to DEA for the
administration or implementation of this agreement.
8. The MPD 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 MPD 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 MPD shall maintain all such reports and records until all
audits and examinations are completed and resolved, or for a period of three years
after termination of this agreement, whichever is sooner.
10. The MPD 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 MPD 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 MPD acknowledges that this agreement will not
take effect and no Federal funds will be awarded to the MPD by DEA until the
completed certification is received.
2009 Marana Police Department Task Force Agreement
i ~ .
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 MPD 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 from the date of signature by representatives
of both parties to September 30, 2009. This agreement maybe 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 MPD
during the term of this agreement.
For the Drug Enforcement Administration:
`~i Date 9 -3o-O~
ELIZ TH W. KEMPSHA L
Special Agent in Charge
For the Marana Police Department:
Date 4 - i r-,tong
TE Y TOMETICH
Chief of Police
Attachment
2009 Marana Police Department Task Force Agreement
F ~~' U.S. DEPARTME NT 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 ce rtification 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, "Government-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 public (Federal, State, or local) transaction or contract under a
As re wired b Section 1352, Title 31 of the U.S. Code, and
q Y Public transaction; violation of Federal or State antitrust
statutes or commission of embezzlement, theft forgery,
implemented at 28 CFR Part 69, for ersons enterin into a
ggrant or cooperative agreement over 100
000
as de~ined at bribery, falsification or destruction of records, making false
,
,
28 CFR Part 69
the applicant certifies that: statements, or receiving stolen property;
,
a No Federal a ro riate funds have been aid or will be
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ppaid
by or on behalf of the undersi
ned
to an
erson for in- (c), Are not presently indicted for or otherwise criminally or
civil) charged by a governmental entity (Federal, State, or
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,
fluencing or attempting to influence an officer or emplo
ee of loca
with commission o
any o
the of
enses enumerated in
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f thi
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any agency, a Member of Congress, an officer or employee of paragrap
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s cer
ca
on; an
Congress, or an employee of a Member of Congress incon-
nection with the makin
of
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t (d) Have not within athree-year period preceding this applica-
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any
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era
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e en
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of any cooperative agreement, and extension, continuation, ion had one or more public transactions (Federal, State, or
local) terminated for cause or default; and
renewal, amendment, or modification of any Federal grant or
cooperative agreement; B. Where the applicant is unable to certify to any of the
b If an funds other than Federal a ro riated funds have
PP P .
b
e
d statements in this certification, he or she shall attach an
explanation to this application.
n ai
e
or will be aid to an
p p y person for influencing or at-
tempting to influence an officer or employee of any agency, a
Member of Congress
an officer or emplo
ee of Con
ress
or
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DRUG
FREE WORKPLACE
,
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,
an employee of a Member of Congress in connection with this .
-
(GRANTEES OTHER THAN INDIVIDUALS)
Federal grant or cooperative agreement, the undersigned shall
complete and submit Standard Form - LLL, "Disclosure of
Lobbying Activities," in accordance with its instructions; As required by the Drug-Free Workplace Act of 1988, and
implemented at 28 CFR Part 67, Subpart F, for grantees as
d
`
(c) The undersigned shall require that the Ian wage of this cer-
tification be included in the award documents~or all s
b
d efined at 28 CFR Part 67 Sections 67.615 and 67.6
20-
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awar
s
at all tiers (including subgrants, contracts under grants and A. The applicant certifies that it will or will continue to provide
a drug-free workplace by:
cooperative agreements, and subcontracts) and that all sub-
recipients shall certify and disclose accordingly. (a) Publishing a statement notifying employees that the
unlawful manufacture, distribution, dispensing, possession, or
use of a controlled substance is prohibited in the grantee's
2. DEBARMENT SUSPENSION, AND OTHER
RESPONSIBILITY' MATTERS workplace and specifyin the actions that will be taken against
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ti
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hibiti
(DIRECT RECIPIENT) emp
oyees
or v
o
a
on o
suc
pro
on;
As required by Executive Order 12549, Debarment and (b Establishing an on-going drug-free awareness program to
in orm employees about-
Suspension, and implemented at 28 CFR Prt 67, for prospec-
tive participants in prima covered transactions, as defined at
28 CFR Part 67
Section 6.510- (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 adrug-free workplace;
a Are not resent) .debarred, sus ended, ro osed for debar-
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t d
l
d i
l
ibl (3) Any available drug counseling, rehabilitation, and employee
assistance programs; and
meri
ec
are
ne
ig
e sentenced to a dernal of Federal
benefits by a State or federal court, or voluntarily excluded
(4) The penalties that may be imposed upon employees for
from covered transactions by any Federal department drug abuse violations occurring in the workplace;
or agency;
(b) Have not within athree-year period preceding this applica- (c) Making it a requirement that each employee to be engaged
in the performance of the grant be given a copy of the state-
fion been convicted of or had a civil judgment rendered against merit required by paragraph (a);
them for commission of fraud or a criminal offense in connec-
tion with obtaining, attempting to obtain, or performing a (d) Notifyin the employee in, the statement required by
~
parsgraph
a) that, as a condition of employment under the
grant, the employee will-
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
(2) Notify the employer in writing of his or her conviction for a
violation of a criminal drug statute occurring in the workplace
no later than five calendar days after such conviction;
(e_) Notifying. the agency, in writing, within 10 calendar days
afttter receiving no ice under subparagraph (d (2) from an
employee or otherwise receiving actual notice of such convic-
tion. Employers of ,convicted employees must provide notice
including position title to: Department of Justice, Office of
Justice Programs, ATl`N: Control Desk, 633 Indiana Avenue,
N.W., Washington D.C. 20531. Notice shall include the iden-
tification number(s~ of each affected grant;
(f) Taking one of the following actions, within 30 calendar
days of receiving notice under subparagraph (d)(2), with
respect to any employee who is so convicted-
(1) Taking apppropriate personnel action against such an
employee, up to and including termination, consistent with the
requirements of the Rehabilitation Act of 1973, as amended; or
(2) Requiring such employee to, ,participate satisfactorily in a
drug abuse assistance or rehabilitation program approved for
such purposes by a Federal, State, or local health, law enforce-
ment, or other appropriate agency;
(g) Making a good faith effort to continue to maintain adru -
ree work lace through implementation of paragraphs (a), (b~,
(c), (d), (e~, and (f).
B. The grantee may insert in the space provided below the
site(s) for the performance of work done in connection with
the specific grant:
Place of Performance (Street address, city, country, state, zip
code)
DEA TUCSON DISTRICT OFFICE
3285 East Hemisphere Loop
Tucson, Arizona 85706
Check ^ if there are workplace on file that are not identified
here.
Section 67, 630 of the regulations provides, that a grantee that
is a State may elect to make one certification in each Federal
fiscal year. A copy of which should be included with each ap-
plication for Department of Justice funding. States and State
agencies may elect to use OJP Form 4061/7.
Check ^ if the State has elected to complete OJP Form
4061 /7.
DRUG-FREE WORKPLACE
(GRANTEES WHO ARE INDIVIDUALS)
Asp required by the Drugg-Free Workpplace Act of 1988, and
defined at 28 CFR Part 67PSectsons 67.615 andf67.62p tees, as
A. As a condition of the grant I certify that I will not engage
in the unlawful manufacture distribution, dispensing .posses-
sion, or use of a controlled substance in condition any
activity with the grant; and
B. If convinced of a criminal drug offense resulting from a
violation occurring during the conduct of anyy grant activity, I
will report the. conviction, m writing within 10 calendar days
of the conviction, to: Department o{ Justice, Office of Justice
Programs, ATTN: Control Desk, 633 Indiana Avenue, N.W.,
Washington, 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:
MARANA POLICE DEPARTMENT
11555 West Civic Center Drive, Bldg. B
Marana, Arizona 85653
2. Application Number and/or Project Name
TERRY TOMETICH, CHIEF
3. Grantee IRSNendor Number
4. ]hyped Name and Title of Authorized Representative
5.
t YoGeo S
6. Date