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HomeMy WebLinkAboutResolution 2014-078 Police Department to Execute a Task Force AgreementMARANA RESOLUTION NO. 2014 -078 RELATING TO POLICE DEPARTMENT; APPROVING AND AUTHORIZING THE +CHIEF OF POLICE TO EXECUTE A TASK FORCE AGREEMENT BETWEEN THE UNITED STATES DEPARTMENT OF JUSTICE, DRUG ENFORCEMENT ADMINISTRATION AND THE MARANA POLICE DEPARTMENT FOR FISCAL YEAR 2015 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 for FY 2015, 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 2" d day of S entemb 14.. o N M ANA 7 .f 170I ATTEST: Jocelyn V. Bronson, Town Clerk r Mayor td Honea APPROVE AS O FORM: Cas .Town Attorn Resolution No. 2014 -078 PROGRAM-FUNDED STATE AND LOCAL TASK FORCE AGREEMENT BETWEEN DRUG ENFORCEMENT ADMINISTRATION AND MARA.NA POLICE DEPARTMENT This agreement is made this 30 "' day of September, 2014, 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, § 873. 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 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 one (1) 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 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 D EA pursuant to 21 U.S.C. §878. 2015 Maratia t'D Prograin Fulled Task Force Agreement Exhibit. "A" 5. To accomplish the objectives of the DEA Tucson Task Force, DEA will assign four (4) 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 MPD Officer assigned to the Task Force. This support will include: office space, office supplies, travel funds, fiends for the purchase of evidence and information, investigative equipment, training, and other support items. 6. During the period of assigmnent 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, 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, law enforcement officer general schedule locality pay tables, rest of the United States table (currently $17,374.25), per officer. Note,- Task Force Officer's Overtinxe shall not include any costs far 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 exarnination 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 litigation, claim, audits and examinations are completed and resolved, or for a period of three (3) after termination of this agreement, whichever i s 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 OJP Form 406116, 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. 2015 Mararia PD Program RiMed Task Force Agreeinent 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 effective from the date in paragraph number one (1) until September 29, 2015. This agreement may be terminated by either party on thin -:y 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: Date Douglas W. Coleman Special Agent in Charge For Marana Police Department: Date Terry S. Rozerna Chief of Police Attachment 2015 Maraiia PD Program Funded Task Force AAgreenaent �. 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 e uir d b � 3 T'tle 31 of te U.S. Code, an impl d je 8M Pai9 t r ns e t rin in v r Rdeee g ive regime t over , $�� as ae in� a at o app�i ant cer�ifies that: ( a) No Federal app opriate fupds have been paid or will be pid, or on behalf of �e undersi ned, to an person for influencin of attemptin o influence an fficer or e i �loyee of any agena Member o) ng an o ! er or empoyee of col gre s, r an ern lo pee o#�a Nl r er o uon Tess in connection wit the makinf an Fe�eral e entern ipto of any coo a ative agreement, an grant extension, continZation, renew2l, ami ndment, or modification of any Federal grant or cooperative agreement; lb . fan ds ofher than Federal a r riated fund hav be n or �vi ��e id to an rson fo i ncin or al m in I an o ter or e� ?o ee an a en a �eri e1 o pregg a icer or emo ee oCon re v a plo a o o l" on res i co gf�'tl io� h is ecera ran o co e,rati arehe si ed s al! co p eu mit fant�ar 'ohm . W disclosure o� obby ng c ivities, in accordance with itructions; The �rndorsi ne�i in s II re uire that the laiu��ef this cer- c i tion gf,d, , in e aw r dot me is s awards a aiers. inuin s grans onrac anti r r rat a tae Brativ ree ens nd �u contr c s an tI a al su - reci shaNce i y and iscl accor hff§VXRXWERgION, AND OTHER As re aired b Car r 5 and Su en�i n, .and im lemented t C 3 � barment for s y an i r rn c v u 6 transactions, a;; de ned g art 7,cion�7.�( A. The applicant certifies that it and its principals: (a ) Are not presently ebarred, suspended, proposed for debar - ment declared ine� ible, sentenc6d to a Obnial of Federal benefits b a State or court, or voluntarily excluded from covered transactions by any Federal department or agency; b Have raptt w th a thr e -a e iod recedin t is ap lit tion en con of of ye r h a a civi�, uc e t rende ec�A& l st e OT r commission a . TrauOl r a cri iita o erase in cotion wi m taining, attempting to o9tain, or pe arming a U lie (Federal , State, it local) � I or c tr ct un ?r P i transaction; , via anon a e a o a n i rus ues o commission f em e l he , . or , A aMn a1sificat ion . or struction o� recar s, ma ing gall ss, or receiving stolen property; � Are n presentl indi t d far or th rwi e criminal or civ� Yfar ed a over na ntit t�etera Ft te, or cal wi �i Nned affensxs enumeva c� in paragra h } $ c r 6 T 1A j S S' 0 Ce8ific a a n Xo'n D ; d ave not within a t re -ear eriod ve edin hi a li atio on mare um r acts ns e eral, to e, p er c f ocar r u�£� ancQ ermina ec� caus� o ce a B . vllhe a the plical is , una le to rtify to an f the scat me ,s in thc ca #ion,e or s�ie shall at an expanaion to this application. �6R %4 ?E O F %M "HAN IVIDUALS) As re uir d b e %iu -Fre W rk lace t of 1 988, and im le e letl a Ke l� or s , as deFiine a 28 art and V.0 - L T e ap li a t c ifies that it will or will continue to provide a g ree wpOrFCplace by: a DbPshin a scat ment notif in em la x ees that the ilama i fa toe is ribu #ion,is n '. N � 5 Se 55 lQ pr use o a c❑ ro�ei, lu s race is r iPe oci ran war lace n d s e if in acti wi ei agains emp��yees T o r viaoi o� such pro�i�ition; k b? rstabli; hi MOO oing drug -free awareness program to o m emp o�s (1) The dangers of drugs abuse in the workplace; (2) The grantee's policy of maintaining a drug -free workplace; L sis�n�e V iabl ams; m8unseling, rehabilitation, and employee The O ?realties that ma_y. b im u employees far drug use v o a ions occurrin in a or p�a e; M i a re it i t ment t at each em la ee to en ed i nparagrap��a�-, nce rant be given c�py of �ie�sarnen regSre by d ra N r o a ii t as d he playmm , unegir�e gran e r�� y % wi�M OJP FORM 406116 (3 -91) REPLACES CJP FORMS 406112, 4062/3 AND 406114 WHICH ARE OBSOLETE, (1) Abide by the terms of the statement; and DEA Arizona Offices tfy he employer in wri ira of his .or ber convigtion for a J'R vi n o , a crimin d days a ru st u occurring the wor place no la el an ive calen er such conic ion; e Noti i&th a c , i writin , with' c lendar days after ebei in ice uriT1er" su ra aph, c) f an emplo ee vi a ua no tic uc� co vi ti n. r oh wis rece n n �u n mp�o er ol nvic 11 eo s5 icovi f1;r oticedi ositioiitl icEd k n qu is u ro am 7t. s I in�e the i fficatiori a in n icdsa s o each a rant num er g , Check f h there are workplace on file that are not identified ere. S i t n 67 6 o f the r loold ulations o deS.t a g n ee t at i a ma ee to. a on certfi a o in. ach lie er J ca 9 ea A co Y� ch e Inc c wi e h application ice T or a t o o i ages and ate agencies may e o use 4 Ta n i one, of the follow! act! ns, with! 30 lend r s Teceivin notice unOar su ar grap� (d ) � `, W res�pecl to any em�Io who is so convi tec . L l A Taking ap roj te - sonnel , aQtion a ainst suc n req� ee, n€ i e in CO Mi ent w h tie rirmens ha i a on �c a `3, as amended or Requirin such em I y e t❑ artic€ ate satisfactorily i a dru �a�use as is an or re as litatpa C W a aro Morcemen or suc ur ses a Fderal a e, orI��a�eaI h, qi�w , crier appropriate ag6ncy; (g) Making ood faith effort to cont'nue to maintain a dru - free w rkpl c t�r�ugh implementation of paragraphs (a), (b), (6 ), ( d), (e), an ( ). rsdecifir f T e he th grante ma inner in thke�ace i .�rovidedelow t�e ite e e orm nce o wor ne connec ion wi tie c grant: Pladcee of Performance (Street address, city, country, state, zip Check r if the State has elected to complete 4JP Form 4051/7. RAN E�S WHO ARE INDIVIDUALS) an s lr u e uired b eC NFh i7W f lace A t of 1988, , e�ine a� �� a , �ectior�s Tga gqg As a uditiomf he gr nt , I ertify that I will not en a e in unla mancure, ist ?ibu dis nsin oss� S10 r use o� a ontrol e substance in con i IF ray activity wq1h ie grant; an B. If convincQd of a criminal drug offense resulting from a violation occurring during the conduct of an rant agtiVity, will report (he conviction, in wri g, within 10 �taiendar days of the X WN: ctio , to: D artm nt o �ustice, Office o� justice Pyo rams, Control e i sk, 33 ndiana Avenue, N.W., Wash gton, 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 Gil, Civic Center Drive, Bldg. B, Marana, AZ 85653 -7091 2. Application Number and/or Project Name 4. Typed Name and Title of Authorized Representative 3. Grantee IRSNendor Number Terry S. Rozema, Chief 5. Signature 6. Date