Loading...
HomeMy WebLinkAboutResolution 2005-138 task force agreement with the drug enforcement administration MARANA RESOLUTION NO. 2005-138 RELATING TO THE POLICE DEPARTMENT; APPROVING AND AUTHORIZING A TASK FORCE AGREEMENT BETWEEN THE DRUG ENFORCEMENT ADMINISTRATION AND THE MARANA POLICE DEPARTMENT. WHEREAS, the Town of Maran a, Pima County, Arizona, recognizes its duty to protect its citizens through effective police powers; and WHEREAS, the U.S. Department of Justice, Drug Enforcement Administration (DEA) and the Marana Police Department (MPD) wish to formalize an agreement relating to the DEA Tucson Task Force of which MPD is a member; and WHEREAS, the mission of the DEA Tucson Task Force is to disrupt the illicit drug traffic in the State of Arizona by immobilizing targeted violators and trafficking organizations, gathering and reporting intelligence data relating to trafficking in narcotics and dangerous drugs, and conducting undercover operations where appropriate; and WHEREAS, the intended goal of the DEA Tucson Task Force is to engage in these methods of investigation so that they will result in effective prosecution before the federal and state courts; and WHEREAS, an agreement (Exhibit A) has been prepared which equitably sets out the rights and responsibilities of the MPD and the DEA Tucson Task Force. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, to authorize the police chief to execute an agreement between the Drug Enforcement Administration and the Marana Police Department to allow for the authorized assignment of a Marana Police Officer in accordance with the terms of the agreement. DEAresol JOJ05.doc 11/1/2005 PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 1st day of November, 2005. 4'.' fJ1/ ~V- Mayor d Honea ATTEST: ~\"'''fI'",, ~_\OFMA ~ s.~\...~ ..'1 mw",''<> ~ ~~~~c"':/('",'1 ~ .....0:-<. ("'I'" .... ,,,. ... J.;; :.:.' COnr AlArt -:;... "', ... :: 51 ~~)' -: "--1.e~' - ::: SEAL- ~ ..... ~~ .~;:: ~~~ ,;;: ~ .JI ~II"U"\\!.-t ~ ~i~/Z '\~, ~~ 1/lllill\\\\~ , TASK FORCE AGREEMENT BETWEEN DRUG ENFORCEMENT ADMINISTRATION AND MARANA POLICE DEPARTMENT Agreement is made this ~ day of Alflt1.tNvtW 200~ between the United States Department of Justice, Drug Enforcement Administration (hereinafter "DEA"), and the Marana Police Department (hereinafter "MPD"). WHEREAS there is evidence that trafficking in narcotics and dangerous drugs 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 the State of Arizona, the parties heretofore agree to the following: 1. The DEA Tucson Task Force will perform the activities and duties described below: a. Disrupt the illicit drug traffic in the State of Arizona area 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 one experienced officer to the Tucson Task Force for a period of not less than two years. During this period of assignment, the MPD Officer will be under the direct supervision and control of DE A supervisory personnel assigned to the Task Force. 3. The MPD Officer assigned to the Task Force shall adhere to DEA policies and procedures. Failure to adhere to DEA policies shall be grounds for dismissal from the Task Force. 4. The MPD Officer assigned to the Task Force shall be deputized as a Task Force Officer of the DEA pursuant to 21 U.S.c. S 878. 5. 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 availability of annual appropriated funds or any continuing resolution thereof, provide necessary funds and equipment to support the activities of the DEA Special Agents 2006 Marana PD TF Agreement 1 Exhibit A to Millana Relolution No 2005-138 and the MPD 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 a Government travel and phone card, all to be used for official DEA business only. A gas card will be provided for use, subject to availability of funds, and approval by the DEA contracting officer. MPD agrees to supply their officer with a vehicle to support and facilitate the mission and perform the duties addressed in this Agreement. Subject to the availability of funds, DEA agrees to equip/provide this vehicle with a mobile radio; to include payment of installation, maintenance and removal costs. This radio will continue to remain the property of DE A. 6. As the MPD Officer acts under the direct supervision and control of DE A, in accordance with established DEA policy and procedures, and as described below, the United States is liable for their negligent acts or omissions, MPD Officer is required to follow DEA policies and procedures for reporting and investigative vehicle accidents regardless of vehicle ownership. In conducting investigation of such accidents, it is important that those aspects relating to scope of employment will address not only whether the officer was engaged in official activities, but also whether these were DEA Task Force activities, or those ofthe parent agency. While on duty and acting on Task Force business, the MPD Officer assigned to the Task Force shall be subject to all DEA rules, regulations, and procedures governing the use of Official Government Vehicles (OGVs). DEA acknowledges that the United States is not liable for the wrongful or negligent acts or omissions of its officers and employees, including Task Force Officers duly sworn pursuant to 21 U.S.C. S 878, while on duty and acting with in the scope oftheir Federal employment, to the extent permitted by the Federal Tort Claims Act (FTCA), 28 U.S.C. S 2401 (b), 2671-2680. The MPD may authorize its officer to use the assigned vehicles while off duty in accordance with MPD policy. If any accident is sustained by a MPD Officer, while operating the assigned vehicle off duty or on duty for the MPD, or in other words conducting any activity unrelated to the DEA Tucson Task Force, then DEA will not assume any liability for the accident. The MPD acknowledges and agrees, however, that it, rather than the United States, will be liable for any use of a vehicle by a Task Force Officer while off duty or not explicitly authorized by DEA. 7. 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 MPD Officer assigned to the Task Force, and for making all payments due them. DEA will, on a quarterly basis subject to availability of funds, reimburse MPD for overtime payments made by it to the MPD Officer assigned to the DEA Task Force, up to a sum equivalent to 25% ofthe salary ofa GS-12, Step 1, Federal employee (currently $15,144.00), per position. 2006 Marana PD TF Agreement 8. In no event will the MPD charge any indirect cost rate to DEA for the administration or implementation of this Agreement. 9. 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. 10. 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, invoices, receipts or expenditures relating to this Agreement. The MPD shall maintain all such reports and records until all audits and examination are completed and resolved, or for a period of three (3) years after termination of this Agreement, whichever is sooner. 11. The MPD will comply with Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, the Americans With Disabilities Act (as incorporated in the Civil Rights Act of 1991) and all requirements imposed by or pursuant to the regulations of the United States Department of Justice implementing that law, 28 C.F.R. Part 42, Subparts C, D, and F). 12. The MPD agrees that an authorized officer or employee will execute and return to DEA the attached OJP Form 4061/6, Certification Regarding Debarment, Suspension, Drug-Free Workplace, and Other Responsibility Matters. The MPD acknowledges that this Agreement will not take effect and no Federal funds will be awarded to the MPD until the completed certification is received. 13. When issuing statements, press releases, requests for proposals, bid solicitations, and other documents describing projects or programs funded in whole or part with Federal money, the MPD shall clearly state: (1) the percentage of the total cost of the programs or project which will be financed with Federal money, and (2) the dollar amount of Federal funds for the project or program. 14. The term of this Agreement shall be from the date of signature by representatives of both parties to September 30,2006. This Agreement may be terminated by either party on thirty (30) day 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. 2006 Marana PD TF Agreement 3 For the Drug Enforcement Administrati Date /1- 1/05 Timothy 1. Landru Special Agent in Charge For the Marana Police Department: eC~ Richard Vidaurri Chief of Police Date: //.~7.t?r Attachment 2006 Marana PD TF Agreement 4 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, "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 As required by Section 1352, Title 31 of the U.S. Code, and implemented at 28 CFR Part 69, for persons enterin9- into a grant or cooperative agreement over $100,000, as de lined at 28 CFR Part 69, the applicant certifies that: (a) No Federal appropriate funds have been paid or will be paid, by or on behalf of the undersigned, to any person for in- fluencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or empl<?yee of Congressl or an employee of a Member of Congress In con- nection with the making of any Federal grant, the entering into of any cooperative agreement, and eXtension, continuation, renewal, amendment, or modification of any Federal grant or cooperative agreement; (b) If any funds other than Federal appropriated funds have Deen paid or will be paid to any person for influencing or at- tempting to influence an officer or employee of an-y agency, a Member of Congress, an officer or employee of Congress, or an emllloyee of a Member of Congress in connection with this Federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, "Disclosure of Lobbying Activities," in accordance with its instructions; (c) The undersigned shall require that the language of this cer- tification be included in the award documents for all subawards at all tiers (including subgrants, contracts under grants and cooperative agreements, and subcontracts) and that all sub- recipients shalf certify and disclose accordingly. 2. DEBARMEN1~ SUSPENSION, AND OTHER RESPONSIBILITy MATTERS (DIRECT RECIPIENT) As required by Executive Order 12549 Debarment and Suspension, ana implemented at 28 CFR prt 67, for prospec- tive p_articipants in primary covered transactions, as defined at 28 CFR Part 67, Section 67.510- A. The applicant certifies that it and its principals: (a) Are not presently debarred, suspended, proposed for debar- ment declared ineligible sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal C1epartment or agency; (b) Have not within a three-year period preceding this applica- tion been convicted of or haa a Civil judgment rendered against them for commission of fraud or a criminal offense in connec- tion with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement theft forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1 )(b) of this certification; and (d) Have not within a three-year period preceding this applica- tion had one or more pubhc transactions (Federal, State, or local) terminated for cause or default; and B. Where the applicant is unable to certify to any of the statements in thiS certification, he or she shall attach an explanation to this application. 3. DRUG.FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) As required by the Drug-Free Workplace Act of 1988, and implemented at 28 CFR -Part 67, Subpart F, for grantees), as defined at 28 CFR Part 67 Sections 67.615 and 67.020- A. The applicant certifies that it will or will continue to provide a drug-free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensingl possession, or use of a controlled substance is prohibited In the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing an on-going drug-free awareness program to Inform employees about- (1) The dangers of drugs abuse in the workplace; (2) The grantee's policy of maintaining a drug-free workplace; (3) ,Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon employees for arug abuse violations occurring in the workplace; (c) Making it a requirement that each employee to be engaged In the performance of the grant be given a copy of the state- ment required by paragraph (a); (d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the granf, ttie 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 after receiving notice 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 tit~ to: Department of Justice, Office ot Justice -Programs, A I I N: Control Desk, 633 Indiana Avenue, N.W.~ Wasl'ilngton{ 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 Clays of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted- (1) Taking appropriate personnel action against such an employee, up to and including termination~ consistent with the requirements of the Rehabilitation Act of 19 (3, as amended; or (2) Requiring such employee to participate satisfactorily in a Clrug aouse assistance or rehabilitation program approved for such purposes by a Federal, State, or locall'iealth, law enforce- ment, or other appropriate agency; (g) Making a good faith effort to continue to maintain a drug- free workplace through implementation of paragraphs (a), (0), (c), (d), (e), and (t). 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) Check 0 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 erect to use OJP Form 406117. Check 0 if the State has elected to complete OJP Form 4061/7. DRUG.FREE WORKPLACE (GRANTEES WHO ARE INDIVIDUALS) As required by the Drug-Free Workplace Act of 1988, and implemented at 28 CFR -part 67, Suopart F, for grantees, as defined at 28 CFR Part 67; Sections 67.615 and 67.620- A. As a condition of the grant I certify that I will not engage in the unlawful manufacturel distribution, dispensing, posses- sion, or use of a control ed substance in contlltion any activity with the grant; and B. If convinced of a criminal drug offense resulting from a violation occurring during the concfuct of any grant activi~, I will report the conviction, in writing> within 10 calendar days of the conviction, to: Department 6f 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 13291 N. Lon Adams Road Marana, Arizona 85653 2. Application Number and/or Project Name 3. Grantee IRSNendor Number 4. Typed Name and Title of Authorized Representative Richard Vidaurri, Chief of police 5. Signature ~ , --- 6. Date /1 d7.tj,r ADDENDUM TO THE TASK FORCE AGREEMENT BETWEEN THE DRUG ENFORCEMENT ADMINISTRATION AND THE MARANA POLICE DEPARTMENT This is an addendum to the Agreement, dated November 8, 2005, between the United States Department of Justice, Drug Enforcement Administration (DEA), and the Marana Police Department (MPD). Original paragraph number 2. To accomplish the objectives of the DEA Tucson Task Force, the MPD agrees to detail one experienced officer to the Tucson Task Force for a period of not less than two years. During this period of assignment, the MPD Officer will be under the direct supervision and control of DE A supervisory personnel assigned to the Task Force. Paragraph number 2 above is hereby amended to read as follows: To accomplish the objectives of the DEA Tucson Task Force, the MPD agrees to detail two experienced officers to the 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 DE A supervisory personnel assigned to the Task Force. The term of the Agreement! Addendum shall be from the date of signature by representatives of both parties through September 30, 2006. Except as modified by this addendum, the November 8, 2005, Agreement between DEA and the MPD shall remain in full force and effect. F or the Drug Enforcement Admini ~ Date:7- r elk; F:z:~artment: Richard Vidaurri Chief of Police Date: t17/J .tJ~ Marana PD Addendum ""~,-~._..,~.,,,~,.,,--",.",..",,,,.,..~,,,.._,--'''''''''''------ ...