HomeMy WebLinkAboutResolution 2009-155 task force agreement with department of justiceMARANA RESOLUTION N0.2009-155
RELATING TO THE POLICE DEPARTMENT; APPROVING AND AUTHORIZING THE CHIEF
OF POLICE TO EXECUTE A TASK FORCE AGREEMENT BETWEEN THE MARANA PO-
LICEDEPARTMENT AND THE UNITED STATES DEPARTMENT OF JUSTICE, DRUG EN-
FORCEMENT 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 ofJustice, Drug Enforcement Administration desire to renew an agreement providing for
the Marana Police Department's continued participation 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 toundertake all other and further tasks required or beneficial to carry out the terms, obliga-
tions, and objectives of the task force agreement.
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this
15th day of September, 2009.
~,,o®®ratiua®®s~®®s~~ i
F®« caR~ F ~y ~ Mayor Ed Honea
elyn C~ronson, Town Clerk
APPROVED AS TO FORM:
~lF,r-ank Cassidy, Town Attor"y
{00016429.DOC/}
t / ~~
TASK FORCE AGREEMENT
BETWEEN
DRUG ENFORCEMENT ADMINISTRATION
AND
MARANA POLICE DEPARTMENT
This agreement is made this 30a' day of September, 2009, 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,
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 DEA 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 DEA supervisory personnel assigned to the Task Force.
3. The MPD Officer assigned to the Task Force shall aohere 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 Officer assigned to the Task Force shall be deputized as a Task Force Officer
of DEA pursuant to 21 U.S.C. 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 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
2010 Marana Police Department Task Force Agreement
•.
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 Tucson Task Force, the MPD will remain
responsible for establishing the salary and benefits, including overtime, of the officer
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
officer 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
$16,903.25), 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.
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.
2010 Marana Police Department Task Force Agreement 2
13. The term of this agreement shall be from the date of signature by representatives of both
parties to September 30, 2010. 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 MPD during the term of this agreement.
For the Drug Enforcement Administration:
-~S Date 9.1.09
EL ETH tiV. KEMPS L
Special Agent in Charge
For the Marana Police Department:
Date a • (~, at~ooq
TERR TOMETICH
Chief of Police
Attachment
2010 Marana Police Department Task Force Agreement
,..~
: V ~ 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 enteringg~ into a
ggrant or cooperative agreement over $100,000, as defined 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 employee of
Congresst or an employee of a Member of Congress In corn
nectlon 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;
fb) If any funds other than Federal appropriated funds have
6been paid or will be paid to 'any person for influencing or at-
tempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or
an employee of a Member of Congress in connection with this
Federal grant or cooperative agreement, the undersigned shall
complete and submit Standard Fonn - LLL, "Disclosure of
Lobbying Activities," in accordance with its instructions;
((c The undersigned shall require that the Ian uage of this cer-
f~cation be included in the award documents~or all subawards
at all tiers (including subgrants, contracts under grants and
cooperative agreements, and subcontracts) and that all sub-
recipientsshalt certify and disclose accordingly.
RESPONSIBILNTI~" MATTERS ON, AND OTHER
(DIRECT RECIPIENT)
As required by Executive Order 12549 Debarment and
Suspension, and implemented at 28 CFR ~rt 67, for prospec-
tive participants in prima covered transactions, as defined at
28 CFR Part 67, Section 6~.510-
A. The applicant certifies that it and its principals:
(a) Are not presently, debarred, suspended, proposed for debar-
men~ declared ineligible sentenced to a denial of Federal
bene Its by a State or federal court, or voluntarily excluded
from covered transactions by any Federal department
or agency;
b) Have not within athree-year period preceding this applica-
ion been convicted of or had a civil judgment rendered against
them for commission of fraud or a criminal offense in connec-
tionwith obtaining, attempting to obtain, or performing a
public (Federal State, or local) transaction or contract under a
public transac(ion; violation of Federal or State antitrust
statutes or commission of embezzlement theft forge e
bribery, falsification or destruction of records, making fa
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 athree-year period preceding this ap lica-
tion had one or more public 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 yOTHER THgAN INDIVIDUALS)
Implemented at 2$eCFR Part 67W3utipart f~fo rgranteesaas
defined at 28 CFR Part 67 Sections 67.615 and 67.ti20-
A. The applicant certifies that it will or wilt continue to provide
a drug-free workplace by:
(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
workplace and specifyin the actions that will be taken against
employees for violation o~ such prohibition;
(b) Establishing an on-going drug-free awareness program to
m orm employees about-
(1 } The dangers of drugs abuse in the workplace;
(2) The grantee's policy of maintaining adrug-free workplace;
(3) Any available drug counseling, rehabilitation, and employee
assistance programs; and
(4) The penalties that may, be imposed upon employees for
drug abuse violations occurring in the workplace;
(c) Makingg 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) Notifyin the employee in. the statement required by
paragraph ~a) that, as a condition of employment under the
gran ,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 notice under subparagraph (d 2) from an
employee or otherwise receiving actual notice of such convic-
tion. Employers of,convicted empbyees must provide notice
including position title to: Department of Justice, Office of
Justice Programs, ATfN: Control Desk, 633 Indiana Avenue,
N.W.; Washington D.C. 20531. Notice shall include the iden-
tification number(sf of each affected grant;
(f1 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 appropriate personnel action against such an
employee, up to and includingg termination consistent with the
requirements of the Rehabilitafion Act of 19f3, as amended; or
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)
{2) Requiring such employee.to. participate satisfactorily in a As required by the Drug=Free Workplace Act of 1988, and
drug; abuse assistance or rehabilitation. program approved for' implemented at 28 CFR Part 67, Subpart F, for grantees, as
such purposes by a Federal, State, or Idcal health, law enforce- defined at 28 CFR Part 67; Sections 67.615 and 67.620-
ment, or other appropriate agency;
A As a condition of the grant , i certify that I will not engage
(g) Making a good faith effort to continue to maintain adru - in the unlawful manufacture sjistribution, dispensing ,posses-
ftree wo lace through implementation of paragraphs (a), (b~, sion, or use of a controlled substance in condition any
(c), (d), (e ,and (f). activity with the grant; and
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:
Plea ej of Performance (Street address, city, country, state, zip
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, in writing within 10 calendar days
of the conviction, to: Department of 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 cert~ptions.
1. Grantee Name and Address:
MARANA POLICE DEPARTMENT
11555 West Civic Center Drive, Bldg. B
Marana, Arizona 85653 ~~ - 033 I ~ ~s
2. Application Number and/or Project Name 3. Grantee IRSNendor Number
TERRY TOMETICH, CHIEF
4. Ted Name and Title of Authorized Representative
5.
9'/6 oGoo
6. Date
\y°
MARANA RESOLUTION N0.2009-155
RELATING TO THE POLICE DEPARTMENT; APPROVING AND AUTHORIZING THE CHIEF
OF POLICE TO EXECUTE A TASK FORCE AGREEMENT BETWEEN THE MARANA PO-
LICEDEPARTMENTAND THE UNITED STATES DEPARTMENT OF JUSTICE, DRUG EN-
FORCEMENT 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 ofJustice, Drug Enforcement Administration desire to renew an agreement providing for
the Marana Police Department's continued participation 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 TT 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.
PT IS FURTHER RESOLVED that the Tov~m_'s Manager and staff are hereby directedand au-
thorized to undertake all other and further tasks required or beneficial to carry out the terms, obliga-
tions, and objectives of the task force agreement.
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona., this
15~' day of RPntPtnhPr ~(1(lA
Mayor Ed Honea
APPROVED AS TO FORM:
,•
~- r - . ~'~1.-G-~
Cassi~` ,Town Atto y
v~ -
(00016429.DOC/}
~s°`P~~ ~. U. S. Depar~~~;nt of Justice
Drug Enforcement Administration
~~,~ 3010 North Second Street, Suite 301
Phoenix, Arizona 85012-3055
CEP 2 9 2009
Terry Tometich /', ~ S ~~~
Chief of Police
Marana Police Department
11555 West Civic Center Drive
Marana, Arizona 85653
Dear Chief Tometich:
I am forwarding a fully executed Task Force Agreement between the Drug Enforcement
Administration and the Marana Police Department. I look forward to another great year in
working together.
If you have any questions regarding this Agreement, please feel free to contact Deborah A.
Clancy, Program Analyst, at 602-664-5613.
Sincerely,
F'.~t.`
Elizabeth W: Kempshall
Special Agent in Charge
Enclosure