HomeMy WebLinkAboutResolution 2009-192 tactical diversion task force agreementMARANA RESOLUTION N0.2009-192
RELATING TO THE POLICE DEPARTMENT; APPROVING AND AUTHORIZING THE
CHIEF OF POLICE TO EXECUTE A TACTICAL DIVERSION TASK FORCE AGREEMENT
BETWEEN THE MARANA POLICE DEPARTMENT AND THE UNITED STATES
DEPARTMENT OF JUSTICE, DRUG ENFORCEMENT ADMINISTRATION REGARDING
INVESTIGATION AND DISRUPTION OF ILLEGAL TRAFFICKING IN CONTROLLED
SUBSTANCE PHARMACEUTICALS AND OTHER CHEMICALS
WHEREAS evidence has shown that illegal trafficking in controlled substance pharmaceuti-
cals and other chemicals exists in the State of Arizona; and
WHEREAS the United States Department of Justice, Drug Enforcement Administration has
established a DEA Tactical Diversion Squad Task Force whose mission is to investigate, prosecute
and disrupt illicit trafficking of controlled substance pharmaceuticals and other chemicals 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 enter into an agreement providing
for the Marana Police Department's participation in the DEA Tactical Diversion Squad Task Force;
and
WHEREAS, the Mayor and Council of the Town of Marana feel it is in the best interests of
the public to enter into 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
authorized 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
authorized to undertake all other and further tasks required or beneficial to carry out the terms, obli-
gations, and objectives of the task force agreement.
PASSED AND APPROVED by the Mayor and Council of the own f arana, Arizona,
this 1St day of December, 2009. ~®~~~~~~~~~~'~,~~~~ / `~_ -
,~~~~~a~~+~ ~ ~~~
~O `cQ~po Mayor Ed Honea
ATTEST: ~~~ ~~~~~~~~~~. ,~~ APPROVED AS TO FORM:
~,~~iiiue-e°°~~
J celyn C: ronson, Town Clerk
{00016429.DOC /}
TACTICAL DIVERSION TASK FORCE AGREEMENT
BETWEEN
DRUG ENFORCEMENT ADMINISTRATION
AND
NLULk AMARANA POLICE DEPARTMENT
This agreement is made this _ day of between the
United States Department of Justice., Drug Enforcement Administration (hereinafter ' "DEA "), and
the M arana Police Department (hereinafter "MPD " ).'
WHEREAS there is evidence that trafficking in controlled substance pharmaceuticals and /or
listed chemicals exists in the area and that such illegal activity has a substantial and detrimental.`
effect can the health and general welfare of the people of the State of Arizona, the parties hereto
agree to the following:
1 The t EA Tactical Diversion Squad Task Force will perform the activities and duties
described below;
a. Investigate, disrupt and dismantle individuals and/or organizations tions i tvolved in
diversion schemes (e.g., "doctor shopping" prescription forgery, and prevalent retail -level
violators ) of controlled pharmaceuticals and/or listed chemicals in the State of 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 ,DEA Tactual Diversion Squad Task Farce, the MPD
agrees tea detail one (1) experienced officer to the DEA Tactical Diversion Squad Task Force for
a period of not less than two gears. During this period of assignment,, the NIPD officer will be
under the direct supervision and control of a DEA'Supervisory Special Agent assigned to the
Task Force.
3. The I PD officer assigned to the Task. Force shall adhere to DE A policies and procedures.
Failure, to adhere to LISA policies and procedures shall be grounds for dismissal from the Task
Force.
4. "the M.1"D officer assigned to the Task Force shall be deputized as a: Task Force Officer of
DEA pursuant to 1 U.S.C. 878.
. To accomplish the objectives of the DF A Tactical Diversion Squad `Yask Force, D A will
assign. two Special Agents and Diversion Investigators to the Task Farce. DEA, will also, subject
to the availability of annual Diversion Control Fee Account (DCFA ) funds or any continuing
resolution thereof provide necessar° funds; vehicles, and equipment to support the activities of
the DEA Special Agents and officers assigned to the Task :Force. This support will include.
2( South ` ucsnaiYs+11S[2ANA PT) DEA T s to OU
vehicles. office space, office e supplies, travel funds, funds for the purchase of evidence are
information, investigative equipment, training, and other support items, as available DCFA funds
permit. Task: Farce Officers must record heir word hours via DEA's activity reporting system.
.
6. During the period of assignment to the DEA Tactical Diversion Squad Task, Force, the MPD
mill be responsible for establishing the sale and benefits, including overtime, of the officers
assigned to the Task Force, and for malting all payments due there. DEA will, subject to
availability of f ids, reimburse the enc rdepartra nt for overtime payments made by it to the
MPD officer assigned to the DEA. Tactical Diversion Squad Task: Force: for overtime, up to a
sure equivalent t o 25 percent of the salary sofa GS-12, step 1, US) Federal employee (currently
16,€ 03.75), per officer.
7, 1n no event will the MPD charge any indirect cost rate to DEA for the administration or
implementation of this agreement.
a The v P D 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 provi by DEA. to facilitate on - site inspection
and auditing of such records and accounts.
?. The l` PD shall permit and have readily available for examination and auditing by DCA, the
United States Department of Justice, the Comptroller General of the United States, aird any of
their dul y 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 3) years after termination of this agreement, whichever is sooner,
10. The P`D shall comply with Title V1 of the Civil Rights Act: of 1 964, Section 544 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 laves, 28 C.F.R. Part 42, Subparts C'; F, U, H and 1.
1 l . The NIPD agrees that an authorized officer or enioloyee will execute acrd return. to DEA: the
attached ,00 Farm, 4461/6, Certification Regarding Lobbying, Debarment, Stwpension and
Other Responsibility Matters and Drug -Free Workplace Requirements. The .h Ply
acknowledges that this agreement will not take effect and no Federal funds will lee awarded to
the TIVIPD by DIVA 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'°hole or in part -with .Federal money, the ,
N1PD shall clearly state: (1 ) the percentage of the total cost of the program or project which will
be financed Nvith 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 for a period of one gear. This agreement may be terminated by either party on thirty; days'
advance written notice. Billings for all outstanding obligations us must be received by DEA within
4 clays of the date of texmination of this agreement. DEA will be responsible only for
obligations incurred by MP D during the term of this agreement;
2009 Soulh TucsonMARANA too DUA rtes MO �
For the Drug Enforcement Administration:
a
Date: 1
FI iZAB,. H W. KF IP iIA L
Special regent in Charge
For tip arana Police :Department:
Date::
TER . TOMETIC I
Chief'
20c0 Soup, `ruv,otiMA N M-A S NIOU 3
U.S. DEPARTMENT OF .JU STICE
OFFICE OF JUSTICE PROGRAMS
OFFICE OF THE COMPTROLLER
PTROLLEF
CERTIFICATIONS REGARDING LOBBYING; DEBARM SUSPENSION AN
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 Dart 69, "New
Restrictions on Lobbying" and 28 CFR Tart 67, "Government-wide Department and Suspension (Nonprocurement) and
Government -wide Requirements for Crag -Free Workplace (Grants)." The certifications shall be treated asa'material
representation of fact upon reliance will be placid when the Department of Justice determines to award the
covered transaction, grant, or cooperative agreement.
1. LOBBYING public (Federal, Mate or local) transaction, or contract under a
public t €a€asaction Violation of Federal . or State antitrust
As required by Section ,1362, Title 31 of the U.S_ Code, and statutes or commission of embezzlement, theft, for #ry,
implemented at 26 CFR Part , for p ersons ente€in�l into a bribery, falsification or destruction of records, making, lie
grant or cooperative agreement over 100 ,0001, a defined :at statements,, or receiving stolen property,
28 CFR Part 6g, the applicant certifies that.
a} No Federal a pro riate funds issue b een (c) Are not presently indicted for or otherwise crimina€ly` or
( p p paid or will be eivi[1 clgarged tilt a g aMmental emit (Federal, Stag, or
Raid, or on betaff of the taratferslgned, to any persona for fn- ices(} vviflr eosrarnsssic of anti of the cffbr€ses er�deratl in
pp
fluencing or attempting to influence an officer or employee of paragraph (1 )(b) of this certification and
any agency, a Member of Congress, an officer or employ, of
Congress, or an employee of a Mem# ` of Congress an � d) Have not within a three -year period preceding this a#411 a -
nection with the making of any Federai grant, the entering !nto on had one or mom public transactions (Federal, State, or
of any cooperative agmernent, and extension, continuation, local) mated for cause or default, and
renewal, amendment, "or modification of any Federal grant or
cooperative agreement, S. Where the applicant is unable to certify to an of flee
(ti} If am funds other than Federal app funds issue statements in this certification, he car she shalt attach an
pp p explanation to this application,
been paid or will be paid to any person for influencing or at�
tempting to influence an officer or employee of an agency, a
Member cif Congress, art officer or employee of egress, ar 3. DRUG - FREE WORKPLACE
an erriployee of a l errgl r df Congress in connection with #lily (GRANTEES OTHER THAN INDIVIDUALS)
Federal grant or craoperati agreement, the undersigned shall
template grad subm€t Stairdard Flan - LLL, C}isdosure of As required b the Drug-Free Workplace Act of 11388, and
Lobbying Activities;' rn ac aidance wi th its instructions, implemented at 28 CFR Part 67. Subpart f, for grantees. = as
(p) The undersigned shall require that the €anp uago of this cer- defined at 28 GFR Part 67 Sections 67.618 and 67.8201
tification be included in,the:award do inents7or subawards A. The applicant certifies that it will or will continue to provide
at all tiers (Including subgrants, contracts urddr grants and a drug free workplace by:
cooperative agreerments and subcordr�acts) and that all sub -
i c,pients shall certify an4 disclose accordingly. (a) Publishing a statement notifying employees that the
unlawful manufacture, distribution, disppensinj, possession, or
2. I#iI' Sll PENSICIN' AlStt? f?TEIER' use of a controlled substance is prsafaiblted in the g_mntee=s
2. DEBARMENT DEB RtILIT BATTERS , workplace and specifyin the actions that will be taken ogees
RESP E CT #' I )l', "� amp +gees for violation o such prohibition,
As required b Executive Order 12x4 3 Debarment and (b Establishing art son -going drug -free awareness program to
a Y ale orm, empl0yeasabout-
Suspe rWon, and implemented at 28 CFR Oil 67, fair prospec
tive participants in puma covered` transactions, as defi at (1) The dangers of drugs abuse in the workplace,
26 F€fi Part 67, Section 63610-
A. The applicant certifies that it and its principals: (2) The gfantee`spolicy of maintaining a driig -free workplace;
(a Are not €esently debarred, suspended, proposed for debar- (3) Any available drug counseling, rehabilitation, and employee
p p p p assistance programs; and
€rsent. declared inetrgr' tale sentenced to a denial of Federal
benefits by a State or Vederal 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 work lace-
or agency;
() Making It a requirement that each empldyee.to be engaged
(b) Have resat within a three -year period preceding this applica- in the pe ormance of the grant be given a copy of the state -
tion been convicted of or had a civil judgment rendered against rnent required by paragraph (a);
therm for commission of fraud or a criminal offense in conner, tion with obtaining, attempting to obtain, or performing a (d) Notifying the employee in the statement required by
para grapf o that, as a condition of employment tinder the
grant, the employee wfll-
OJP FORM 4061/6 (3 REPLACE$ OJP FORMS • 4061 /2, 4062/3 AND 406114 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
v iolation of a criminal dru statute occurring in the workplace
no later than five calendar gays after such conviction:
(e) Notifying the atgency, in venting, within 1Cl calendar days
after receiving nu rce under subparagra ,,fit (d' " "( from an Check ; ..wi if there are workplace on file that are not identified
ernploY or otherwise receiving actual not €ee of such convic- here.
t'wn. Employers of convicted employees must provide notice
includin pos€uon title, to; Department of Justice, Office of Section 67, 630 of the regulations provides . that a grantee that
Justice rocgrams, ATTN: Control Desk, 633 Indiana Avenue, is a Stag may elect to make one certificat in each Federal
N.W,, Washington IJ.C. 20531. Notice shalt include the iden- fiscal year. A copy of which should tie included with each 'ap-
tif €cation number(s) of each affected grant; plication for De�a artmert of Justice fundin . States and State
agercres'rnay electto use 'C JP Form 4061N.
(f) 'faking one of the following actions, within 30 calendar
days of receiving notice under subparagraph (d)(2), with Check [] if the State has elected to complete OJP Farts
respect to any employee who as so convicted- 4€6117:
(9) Taking ap ropr'rate personnel action against such an
employee, up to and termination. consistent with the DRUG-FREE WORKPLAC
requirements of the Rehabilitaon Act of 1973. as amended; or (GRANTEES WHO ARE INDIVIDUALS)
(2) Requiring such employee to participate satisfactorily in a As required b the Drul Workplace Act of 1988, and
drug abuse assistance or rehab program approved for implemented at 28 CFI Part 67 Subpart F. for grantees, as
such purposes by a Federal, State, or local 'health, law enforce- defined at 28 CFI Fart 67; Sections 67.695 and 67:620-
ment, or other appropriate agency;
A. As a condition of the grant, I certify that I will not engage
tg) Making a good faith effort to continue to maintain a dru - in the unlawful manufacture distribution, dispensing. posses -
ee workplace through implementation of paragraphs (a), (°b , sion, or use of a controlled substance in condition any
(c). (d), (e ) 4 and (f): activity With the grant; and
B. The grantee may insert in the space provided below the S. if convinced of a criminal dru offense resulting from a
sites) for the performance work Clone in connection with violation occurring during' the con uct of an grant activr I
the specific grant_ will report the conviction, in writing within El calendar days
of the conviction, to: Department of Justice, Office of Justit:
?lace of Performance (Street address, city, country, state, zip Programs, ATTN Control Desk, '633 Indiana Avenue, Nab`.,
code) Waghington, D.C. 20532.
As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above certifications.
1. Grantee Name and Andress:
MAI AINA POLICE- D PAR 'PMVNT
11555 Wes-, Civic Cen eer Drive
NSrYrana, Ariz 85653
2, Application Number and/or Project Name 3. Grantee I SIfend€ar Number
Ferry P. Tomet<ich, CHIEF
4, pea Name and Title of Authorized Representative
Id
5. Ssgrr ture 6. Date