HomeMy WebLinkAboutResolution 2015-100 HIDTA Task Force Agreement FY 2016STATE AND LOCAL IIIDTA TASK FORCE AGREEMENT
BETWEEN
DRUG ENFORCEMENT ADMINISTRATION
AND
MARANA POLICE DEPARTMENT
This agreement is made this 1. t day of October, 2015, between the United States
Department of Justice, Drug Enforcement Administration (hereinafter "DEA "), and the
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 in the
State of 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 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 (1) experienced Officer to the 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 all 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 Task Force
Officers of DEA pursuant to 21 USC 878.
201.6 Marazia PD Page 1
5. To accomplish the objectives of the DEA Task Force, DEA will assign six (6) Special
Agents to the `Mask Force. HIDTA 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, funds for the purchase of evidence and information, investigative
equipment, training and other support items.
6. During the period of assignment to the DEA Task Force, the MPD will remain
responsible for establishing the salaries and benefits, including overtime, of the MPD
Officer assigned to the Task Force and for making all payments due them. HIDTA
will, subject to availability of funds, reimburse the MPD for overtime payments made
by it to the one (1) MPD officer assigned to the DEA Task Force for overtime, up to
a sum equivalent to 25 percent of the salary of a GS -12, Step I law enforcement
officer general schedule locality pay tables, rest of the United States table (currently
$17,548), per officer. Note: Task .Force officers overtime "Shall not include any
costs 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 litigation,
claim, 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 MPD shall comply with Title VI of the Civil Rights Act of 1964, Section 5 04 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 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 until the completed certification is received.
2016 Maraiia PD Page 2
12. When issuin statements, press releases re for proposals, bid solicitations and
other documents describin projects or pro funded in whole or part with federal
mone the MPD shall clearl state: ( 1 ) percenta of the total cost of the pro or
pro which will be financed with federal mone and (2) the dollar amount of
federal funds for the pro or pro
13. The MPD understands and a that HIDTA will provide the MPD 'bask Force
Officer with vehicles suitable for surveillance. HIDTA throu DEA will furnish
mobile radios for 'installation in the HIDTA Task Force vehicles and HIDTA will
assume the cost of installation and removal. HIDTA will be financiall responsible
for the purchase of fuel for the leased vehicles and for providin routine maintenance,
i.e., oil chan lubes and minor tune-ups via the HIDTA lease contractor. DEA and
HIDTA procedures for reportin and 'investi automobile accidents involvin
Official Government Vehicles (oGVs }HIDTA lease vehicles shall appl to accidents
involvin the leased vehicles furnished to the MPD personnel, in addition to whatever
accident reportin re the MPD ma have.
14. While on dut and actin on task force business, the MPD Officer assi to the
HIDTA Task Force shall be subj ect to all DEA and federal g overnment rules,
re and procedures g overnin g the use of OGVs for home to work
transportation and for personal business. The HIDTA Executive Committee
acknowled that the United States is liable for the actions of Task Force Officers,
while on dut and actin within the scope of their federal emplo to the extent
permitted b the Federal Torts Claim Act.
15. The term of this a shall be effective from the date in para number one
until September 30, 2016. This a ma be terminated b either part on 30
da advance written notice. Billin for all outstandin obli must be received
b DEA within 90 da of the date of termination of this a HIDTA will be
responsible onl for obli incurred b MPD durin the term of this a
For the Dru Enforcement Administration:
K I VLA-I
Dou W. Coleman
Special A in Char
For the Marana Police Department:
Terr S. ozema
Chief of Police
Date l�J
Z3 �
Date /S /5�
2016 Marana PD Pa 3
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 fig, "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
U S
imprer�en��1Vea� A a be9 �dSboe �in� g a t Co
°2� Z�g
K app�k � t:
6 a No Feder funds have been aid or will be aid,
or on behalf ci app ft� e nat c�ersi paid f r�cin
w� tte tin to mffuence an �d ice to an r or er� r influe
o ee �� n a j.4 n � aIVlem�r o� C ��e 9 �m � ocon ° rasa R� �'the
an em Y e g
makin� o�an� Federal exte rant the enten�g into o an VI coo tive ag eerrl�nt, an ioD ntinTaation renew ,
am�ndment, oT motlrtcaUon of *ion, or cooperative
agreement;
� b�uenc�il��eo ot than F ��rso��fo Fn �i n n o�a�ee i ��{n 0
��m6�eh V �on�res e,o�� o���oValge Is e�era �r�n�f o ° �
FcjTv ati are� � the �ersi s�a co �� and
s�� in a�C�rda�n with i��in�t ��onsosure o��o'6bying
�� T tion � ed in , e r u r�doc at e ��su�awe�ds�a
Q ie�s�: inc � u �e�enTs g � S §u� ��V�c�s1�an�� � su�
r ecipient`s sha� certify and close accordingly.
MY
haM PIE��N9 ION, AND OTHER
%ggma �Au, �e�� Ui ndan�i�emen�e O rd�,tt���s �R��,6���e�in °ei�a['���
�FR�art�i, ion�7�'��
A. The applicant certifies that it and its principals:
{a) Are not presently Debarred, suspe� nded, proposed for debar
rent declared ineligible, sentenced to a denial of Federal
benefits b a State or court, or voluntarily xcluded from
covered transactions by any Federal department or agency;
b� n tec�to � hhr�e -yea e�iod eced�n�t�is a� I�c�tion
r c on o .ra a a ri irt o e rase in con ion wii
obtaining, a�emp rng o o Jn pe orming a
le u ��i� eS t o saction �ission t10nf I)otra a� o tr ct un
n rr��nts rs o� tmi ce ° iving s�oie�n pro o � coeds, ��m ° �a�ls��
10
lia Are p� re a ove�inta��n��t� ° �(� t ec�er�a�a rninal lb c�a
�'o�iis ce��ca�o ° n; and o ns s enumera iri paragraph )
�e�� i ° na�ec��omc ° aus� u o�r��d�efaup a ��n �e3eral�, p g���(o t c ° a�
sfat�me�na �s inethas�pIlTion. cation,e he o ° r s�ie�� shall a a�ac�i t an
exp a ion to this app
GRANTEES OTHERWW
le Qir�d b e �u - Fre��W� o �of 19 8 s as
a �in� a��� art ���ectlon' ii1 'and %
a 9 �e R OOM rt'rfies that it will or will continue to provide a
Y
W a slat �m not � nt ' in em o t ees that the
rk �acro�(ec� fv $utis�nce 1O i� �r i ��e�ini
emplbye es�or�vs�a�oh�o�suc� pro�iib�it� W� be Pen agains�
i o i emlp�aye�s a rL oout -going drug -free awareness program to
(1) The dangers of drugs abuse in the workplace;
(2) The grantee's policy of maintaining a drug free workplace;
L 3dApA available dru%18 cunseling, rehabilitation, and employee
�s ce programs;
L , V u The orrities that ma . b im�ose� upon employees for drug
se v a ions occurnng e O pp a ,
tr�q� �ired��y pa rag ap�'�a�; t tt��ea employee ti t� en���ed ir�
e ance ran e Ivan c o e s men
ie Notif i c t h I , as ° c�n e c�tion o a mp employment und ie grant
ra e rn �oy wi
CJP FORM 406116 (3 -91) REPLACES OJP FORMS 4061/2,4062/3 AND 406114 WHICH ARE OBSOLETE.
MARANA RESOLUTION NO. 2015-100
RELATING TO POLICE DEPARTMENT; APPROVING AND AUTHORIZING THE CHIEF
OF POLICE TO EXECUTE A STATE AND LOCAL HIDTA TASK FORCE AGREEMENT
BETWEEN THE UNITED STATES DEPARTMENT OF JUSTICE, DRUG ENFORCEMENT
ADMINISTRATION AND THE MARANA POLICE DEPARTMENT FOR FY 2016
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 currently the Town of Marana Police D e p artment has an officer in a
grant - funded position under the High Intensity Drug Trafficking Area (HIDTA) program with
the Pima County/Tucson Metro Counter Narcotics Alliance (CNA); and
WHEREAS a recent change in the supervisory staffing has allowed a unique opportunity
for the Marana officer to continue to work in the HIDTA program but be a Credentialed Task
Force Officer with the Drug Enforcement Administration; 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 State and Local HIDTA Task Force Agreement between
the DEA and the Marana Police Department for FY 2016, 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 finiher tasks required or beneficial to carry out the terms,
obligations, conditions and objectives of the task force agreement.
-1-
Marana Resolution No. 2015 -100
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona,
this 15th day of geptember, 2 0 15 .
FSAVOU"s
celyn C ronson, Town Clerk
May r Ed onea
-2_
Marana Resolution No. 2415 -1 00