HomeMy WebLinkAboutResolution 2019-071 Task Force Agreement Between US Department of Justice Drug Administraction and Marana PD for Fiscal Year 2020 MARANA RESOLUTION NO. 2019-071
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 2020
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, ARIZONA, as follows:
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 Fiscal Year 2020, attached to and incorporated within
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.
00064609.DOCX/1
Marana Resolution No.2019-071 -1-
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana,
Arizona, this 6th day of August, 2019.
4:1'2
Mayor Ed Honea
ATTEST. APPRO:7 AS TO FORM:
•
Cherry L. :wson, Town Clerk Frank C ^sdy, Town : torney
126&
MARANA AZ
ESTABLISHED 1977
00064609.DOCX/1
Marana Resolution No.2019-071 -2-
EXHIBIT A
PROGRAM-FUNDED STATE AND LOCAL TASK FORCE AGREEMENT
BETWEEN
DRUG ENFORCEMENT ADMINISTRATION
AND
MARANA POLICE DEPARTMENT
ORI#AZ0100900
This agreement is made this 1st day of October, 2019, 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 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 DEA pursuant to 21 U.S.C. §878.
2020 Marana PD Program-Funded Task Force Agreement 1
5. To accomplish the objectives of the DEA Tucson Task Force, DEA will assign seven (7)
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,
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 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 $18,649), per
officer. Note: Task Force Officer's 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) 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 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.
2020 Marana PD Program-Funded Task Force Agreement 2
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 30, 2020. This agreement may be terminated by either party on 30 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. Rozema
Chief of Police
Attachment
2020 Marana PD Program-Funded Task Force Agreement 3
®;- U.S. DEPARTMENT OF JUSTICE
a ,, 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
certifies pptIc (Fadnesraact.oSnta;te,vloradlooa)atra eadoaoor colct underua
As required b e tign 13 Title 31 of the U.S. Code, aR iuCes or commission
�f embezzlement, e 'i ¶oraery
implemented 8�O8nsei �iatee , emtsrigd epot records, mang ale
staenreceivnstoin proertrtotfaapmea � aeofnet2
'a � itht
C)Are of presentlyindicted for orotherwise criminallyor civil
(a) No Federal appropriate funds have been paid or will be paid, char ed by a fgoverhrn ntaLentity (Fed�erals State,rior ibcal) wi ni
by or on behalf of the undersigned, to any person for influencing m sio an o tie o ens s enumerate in paragraph 1)
or attempting to influence an officer or employee of any agency ��o ��i.s cer�.f.catfon;and
a Member o'f Congress, an officer or employee of Congress, br
an employee of a Member of Congress in connection with the
making ,of any Federal grant The entering into of any ld)Havee 9"?-t withinpa thr.gair ear eerriod R[eccedingAhis application
cooperative agreement, and extension, continuation, renewal, erm.ona a for coaus ori a cu ani ns l e eral, to e, r oca
amendment, or modification of any Federal grant or cooperative
agreement;
B. Where the applicant is.unable tocertify to anyof the
statements in this certification, he or he shall aacan
RRiaif an ds other than Federal a r riated fundshave.be n explanation to this application.
ia or viii Pe id to any person fof influencing or tcl
uence an o cer ore o ee 0 an lel, a member o
ondress an (icer or empioVee of Con res oC.ara e plovee o DR R E W RKPLACE
a M8mbel- ot res i co ne tion h is a era n or UG F E p
cc000e.rat. e aareeement he rtr)Ldersidnned s all comp ate and GRANTEES OTHER THAN INDIVIDUALS)
ub It ,tan ar orm Isclosure o Lobbying
Ac ivities, in accordance with its in§tructions; As recuired b e pD u Frefl WQ rk lacr�e t of 1988, and
de rne
dmtlemercalte�t8 as FaF '�rIecflone� i ' tori r. us, as
(( The undersigned s II re uire that the lanqu ae of this cer-
tcation be rnticided in the aw rd documents idtalrsubtawardsraj A The apworkplaceliat certifies that it will or will continue to provide a
a iers. inc udin s grans on racts un r grants an drug-tree y.
coQ erativ agree ens n Subcontracts) an tlea a sub-
recipients shah cer i y and an accoringy.
(a) Publishing a statrent noti in em to ees that the
urilaw ma fa to e, is ribution, is n i yy ssessio r
use tua controlled suDspnce Is srai iiite 'inP he ciranteest
��fPIE�l� ION,AND OTHER woremp oyees o i ationin� a acd hi tna wi be a e agains
�y wut emp place or vi e it o such prohibition,
.don;
(b� Establihina on-going drug-free awareness program to
As required byExecutive Order 12549, D barment and arm employees aoout-
S��urrtstppe �qn, and implleemcentedeatt26 s 1- s 6f, toeini e aect cvQ
EFR rt 7,��c.on 7.591 (1)The dangers of drugs abuse in the workplace;
A. The applicant certifies that it and its principals: (2)The grantee's policy of maintaining a drug-free workplace;
(a) Are not presently debarred, suspended, proposed for debar- (a3s�sist availablenv oms nncounseling, rehabilitation, and employee
benefitsd declared a State ineligible,
deral court eor to
denial
rFederal (4)
covered transactions by any Federal department or agency; abusTheroiatipenons occurring'inb hemwporkplace; employees for drug
rr Mak n .tare it ment th t each em egg to be enaa ed i
b Have no within a three-year period receding this application ttie ergormanceot tth rant be given a copy of the statement
been convicted oror hedef a civir.rup etit rendered against tthem required by paragraphe(a);
obr commission of. rau r a cr. . o ense in connection w.
taining,attempting to obtain,or pe orming a
t,ifNotify. a theemployee. in the statement required b
racrape that, as 8 canton of employmentunder the grant,
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 DEA Arizona Offices
vii la ionto.a crime inal employer strl ute of herconvictionworrkiplace no
la er han ive calendar days aver such conviction;
(e) Nota ing the agency, in writin with calendar days after
engin rtotice moiler okra -aph (d)( orp an empplo ee Check if there are workplace on file that are not identified
r o h wiserete vi a ua notic o such convict' .n. ere.
Employers o c nvic ma o es st rovi notice n u in
a�ositioui title e artm yit oim s{ic Offce Pt' i e
ronrams A Q.� fro esk, 3 In is a Avenue kI Section 67,630 of the r ulataons p ovldes.that a grantee that is
✓Vash�1in t n u.0• 5 1. Notice shall include the identification a estaa,tepmta,Qyelect
o.ma�ee on blcertification
nerrtif at o in. achCFederr l fiscal
nUmDer(�S�Of each a ected grant; tor
Depart
pA co ar mo Useo''J tice tun iptc. �ot tes atndbtate pagencies
ao Tak n one. of the.following actions, within 30 lend r
resypecet to any em loyee who is so convicted-- (d)( wi Check 7 if the State has elected to complete OJP Form
4061/7.
(1) Taking appropriate erso nel .action against such n
oXee, trip r �ncbl�c�ir�q�edrr o ti�r�3cassa tendW o1he DRUG-FREE WORKPLACE
re it men o he e a i I at on c�Do (GRANTEES WHO ARE INDIVIDUALS)
abuse Requiring such or fel ilitatlon prpera to farovely in duck Im?lerrente C art t7W rkpla e lt of 1988, and
use as istan e or e b u� ntees, as
purposes a ederal, a e, or o a eal h,'law en orcemen, de inec ata ectioris arid 6r/.elL�-
br ether appropriate agency;
A Asa Condition of the grant I certify that I will not engage in
(g)Making a good faith effort to.continue to maintain a drug-free the unlav�rul manufacture, mist/ibuttion, dispensinossssson
workplace through implementation of paragraphs(a), (b), (c), (d), or use of a ontrolte substance in condition any activity with
(e), and(f). e grant;ana
The.grantee mayinsert in the space.provided below the site B. If convinced of a criminal drug offense resulting.from a
s) fox tlfe performnce of work dbne in connection with the violation occurring during the conduct of any grant activity, I will
eci is grant: report the convicIion, in writing, within 10 calendar days of the
conviction,to: De�partment of Justice, Office of Justice Programs,
Place of Performance (Street address, city, country, state, zap D C 2053ontrol Desk, 633 Indiana Avenue, N.W., Washington,
code)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 IRS/Vendor Number
4. Typed Name and Title of Authorized Representative
Terry S. Rozema, Chief
5. Signature 6. Date