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HomeMy WebLinkAboutResolution 2014-054 DEA IGA with MPDMARANA RESOLUTION NO. 2014 -054 RELATING' TO POLICE DEPARTMENT; APPROVING AND AUTHORIZING THE CHIEF OF POLICE TO EXECUTE A PROGRAM - FUNDED STATE AND LOCAL TASK FORCE AGREEMENT BETWEEN THE UNITED STATES DEPARTMENT OF JUSTICE, DRUG ENFORCEMENT ADMINISTRATION AND THE MARANA POLICE DEPARTMENT 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 (DEA) 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 DEA 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 find it is in the best interests of its citizens to enter into this task force agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, approving the task force agreement between the DEA and the Marana Police Department, attached to this resolution as Exhibit A, and authorizing the Chief of Police to execute it for and on behalf of the Town of Marana. IT IS FURTHER. RESOLVED that the Town Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, conditions and objectives of the task force agreement. PASSED AND ADOPTED by the Mayor and Council of the "town of Marana, Arizona, this 17th day of June, 2014. ATTEST: FAM---r-810 M_ " W, 0', - gal F_R.04� Z WOO. ! .8firo Resolution No. 2014-054 Mayor 4d Honea APPROV D AS TO FORM: -) N O .. k Cassid y Town Att orney A MARANA r d E PROGRAM - FUNDED STATE AND LOCAL TASK FORCE AGREEMENT BETWEEN DRUG ENFORCEMENT ADMINISTRATION AND MARANA POLICE DEPARTMENT This agreement is made this 3 01 day of September, 2013, between the United States Department of Justice, Drug Enforcement Administration (hereinafter "DEA "), and Marana Police Department (hereinafter "MPD ") The DEA is authorized to enter into this cooperative agreement concerning the use and abuse of controlled substances under the provisions of 21 U. S . C. § 8730 WHEREAS there is evidence that trafficking in narcotics and dangerous drugs exists throughout Arizona, 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: 1. The DEA Tucson Task Force Group 1 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 Group 1, the MPD agrees to detail one (1) experienced officer to the DEA Tucson Task Force Group 1 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 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 officer assigned to the Task Force shall be deputized as a Task Force officer of DEA pursuant to 21 U.S.C. §878. 2014 Marana PD/Tucson Task Force Group Exhibit "A" 5. To accomplish the objectives of the DEA Tucson Task Force Group 1, DEA will assign four (4) Special Agents to the Task Force. DEA will also, subject to the availability f y annually appropriated funds or any continuing resolution thereof, provide necessary . y funds and equipment to support the activities of the DEA Special Agents and 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 other support items. 6. During the period of assignment to the DEA Tucson Task Force Group 1, 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, 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 Group Z (position detailed to Phoenix Enforcement Group 2) for overtime, up to a sum equivalent to 25 percent of the salary of a GS -12, Step 1, law enforcement officer general schedule locality pay tables, rest of the United States table (currently $ 17,202.25), per officer. Nate: Task Farce afjicer's Overtime shall not include any casts, for benefits, such as retirement, FICA, and other expenses, " 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 (3) after termination of this agreement, whichever is later. 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 1. 11. The MPD agrees that an authorized Officer or employee will execute and return to DEA the attached GJP Form 4061I6, 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. 2014 Marana PD/Tucson Task Force Group 1 2 12. when issuing statements, press releases, requests for proposals, bid solicitations, and other documents describing projects or programs funded in w 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 effective from the date in paragraph number one I until September 29, 2014. This agreement may be terminated by either party on thirty days' advance written notice. Billings for all outstanding obligations must be received b 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: - 9.1 Douglas W. Coleman Special Agent in Charge Date 3 � t 13 For Marana Police Department: Teri S. " R.ozem Terry �. Chief of Police Date N - 1 ,3 - S'�- - I Attachment 2014 Marana PD/ Tucson Task Force Group 1 3 0 IL 'a 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 87, "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 I mp p�r� en��d ea� Re �� d ove $�'��c���nas eat ' I n g t e�1 a �Ff: VaRoff t�e app��an�t cer�ifies that: fa} No Federal appropriate funds have been paid or will be paid, bb or on behalf of he undders r�ed, to ag erson f r influencin or attemptin to in f uence an f icer or e loyee �any a enc , a Member o� C ng ss, an o er or emp ayee o Corigr s, r an emplo o mb r of Fon ess �n connect on with the makin t f an Federa� gran t r e enterin 'nto of any n, coo e ative ag �ement, and ex #en io , contin�atio 0 renewal, am ndment, or modificatio of any Federal grant or cooperative agreement; I .f or �iilN�e �id or a��m��n�� �uence an er ore o ee aDt� a en a e e o �r �re�ser o� a �e °s em�o�ee o ne tiop �Co e e�� o�ar� e I�O COP, m Is e ra n COP �rati are 1�n � �he �ersi e s p e n Nivities, � j in a cc ittts�in�tru�ctions� sure all COP o8bymg "I",e ndsr i ned sh II re uir that the la u f this cer ier a�c� ion m�� ed in tie av�rc�doc�ments �d���P su� awards at r e t c�i� e �ha��� �sdl se�a�ccoa�G�g�yandr tt�a� af� s u�- Riry qjjqgION, AND OTHER As re aired b Executi a Or 5gr 5 9, ba rment nd Wc eni t n, ,and in lemented t Prt 13 r ros e i an i v re� transactions, a� Sepned of % Dart Rc ion 7� A. The applicant certifies that it and its principals: (a) Are not present] debarred, susp nded, propos d for debar- �ene �?nt,,,declare_d inefi ible, sentence to a enia� of Federal s by a ta te or Federal cou rt, or voluntary excluded from covered transactions by any Federal department or agency; b Have nott w th a thr a -yea .pe iod reced'n t is ap I c Lion en convicted of �rtirt r h d a of ud e ren ep e a airs o� r commiy1on o ff.ra r e cri�a o ense in conr�ect�an wM taining, ern ng 'o o tarn, or pe orming a u lic ( Fe de ra l vio�ati°o ) oa ee' lea � or to ct unrus u es o . commission f m e men he . �or i e al r si fcation . or s r ron o reco s ma ing a s a eInts, or receiving s o property; Are of present] indi t d for or p thiprwi�s criminal or civil ar ed a aver na ntt �eceral t te, or�fial wi m �n t A e of ens�s enumeea e� �n paragra o j gsio ls cegragop cn; d � 'd Have not within a M i8ey a re - ear p eriod a ding hi ap li atio .on r more u a sacti ns (e to e, � r cloca � } ermnae� for caul or u�t; anc B Whe a the a plic is. una le to rtify to an the scat me is in the fflitcation, h e or e shall Rtac� f an expanat to this app iica# ion. RVI OTI�2THA ) As re ui r d b e �p u -Fre L rand of 19x8, le a � a �, ar �� s, as e ne tfons �� and�,6�- LgMee nlik c h ies that it will or will continue to provide a Dy: (a P�bjishina a stat men# notiln e m t that the u�la ma fa to e, is ribution, �s n P ssessio gr use of a co ro ec s u s nce is r ,P in wfl place n s e i �n actr n; a w be a h Cepranatees agin employees or vac at o� such prahi��tio N Establihi an on -going drug -tree awareness program to vrm emp oy'�s a o ( ) The dangers of drugs abuse in the workplace; (2) The grantee's policy of maintaining a drug -free workplace; L 3d A a y vailable dru% n counseling, rehabilitation, and employee sis n programs; l & The r aloes that ma b T h l e m OrKplam, ae se v n employees for drug a a ions occurring��n jp4Ma� vr�n'ance c�� me ran�� g��en � t o ° f ��i� s�a��menq req Ire b pa rag rap I.?. ge l aNa�� od thhe#, as oiempl u grabt e nPoy wi - OJP FORM 406116 (3 -91) REPLACES OJP FORMS 406112, 406213 AND 448114 WH1CH ARE OBSOLETE. (1 ) Abide by the terms of the statement; and (2 otify he ern la a in wri i of his ,or her convi tion for a Y i la o a cry in i Uni st u� o urrin the wo kplace no 'a er R a ' n five cal dais after such con►ction; te�N�iri in ' t ' a U� e c�er�'su� �ra�apht an ea�rsf after �m ° lo er �S� rnv a�ouaeSnotist rove uc otice n n i �u o ,� in e tie to q i io Wa�S� ffli re e imgt(�n hl.' a e ' ���� �e shal incTu the ic num r�s) offeac c ed gran ; 9� Ta n one. of the. followi acti ns, with 30 fiend r reV� eceivin note unc r sub ar gra % (d }{ w1� ecl to any ern yee w v is so convicted LA Taking a p rop to �sonne . agtion a�a�n�s suc� n re �iir �he n I i e rn co sis ent w h to q el abt 2.n c o �3, as amended; or Requirin such em I e a r artici ate satisfactoril i a dru use as pan ore li1at ra a rove f or suc B ur ses aederal a e, o �oca�eah, q en orcemen , r �ier appropriate ag6ncy; W ) Making fait effort to ara ra hs cont'nue to maim � in a ru - fr e rkpl tgg rug implementation o� a b (e) paragrap p }I },� } r�dec it i c f T h t rante ma inner in th ace, rovided �eiow th ite fr ramp arm nce o wor 89ne r connec ion w t e 9 P �a of Performance (Street address, city, country, state, zip DEA Arizona Offices Check F 'f there are workplace on file that are not identified ere. S ti n 57, fi D f the r ulations av des.tha# a g nee at i a %2 ma e�e o a a . e cerlif o in. ach l�ede r oa� � ea A c n c i s o I e Inc 9 w1 ft e h a p p Ica i on or pan o ice T Hales and g %ate gencies may I ec ❑ use orm� 'l�l''. Check r if the State has elected to complete OJP Form 4061/7. OR P A U NWER WHO ARE INDIVIDUALS) im le eir�d b e� u�Fe��Wg?g.nd lace F Ac�t of 198, and de�ine� a� �� ���a��, giq e ctio�is g� as A Asa o dition of the q n��,� I will not en a e in the unla ul c re stu T rti�dthat o es nsi ass �o ff use of a ontro ec Lbstance in con ion n r }activity wqh e grant; and Q. If convincgd of a crifninal drug ffense re from violation occurrin during tnq conduc-t of n ggrant a tivity, wi�l report the conviction, in writtin, within tar ra g dar s o the 7�c tI o , to: rtm n of J �, stice, Office of ust P rams, ; ontrol S e sk,33 ind,ana Avenue,W.Vvas ton D.C. 20531. 9 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 W. Civic Center Drive, Bldg. B; Marana, AZ 85653 -7091 2. Application Number and/or Project Name 3. Grantee IRSNendor Number 4. Typed Name and Title of Authorized Representative Terry S. Rozema, Chief 5. Signature f. Date