HomeMy WebLinkAboutResolution 2020-103 Authorizing Task Force Agreement Between The U.S Department of Justice, Drug Enforcement Administration and the Marana Police Department for FY 2021 MARANA RESOLUTION NO. 2020-103
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 ADMIN-
ISTRATION AND THE MARANA POLICE DEPARTMENT FOR FISCAL YEAR 2021
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 Admin-
istration (DEA) has established a DEA Tucson Task Force whose mission is to investi-
gate, 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 Fiscal Year 2021, attached to this resolution as Exhibit
A, and authorizing the Chief of Police to execute it for and on behalf of the Town of Ma-
rana.
IT IS FURTHER RESOLVED that the Town Manager and staff are hereby di-
rected 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.
00072116.DOCX/1
Marana Resolution No.2020-103
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana,
Arizona, this 15th day of September, 2020.
0,(71,1____cA______.
Mayor Ed H nea
ATTEST APPROVED AS TO FORM:
414 of.41, A, Ali/. . \''
herry L. L.*son, Town Clerk F'an Cas dy Town ' .rney
MAPANAAZ
ESTABLISHED 1977
00072116.DOCX/1
Marana Resolution No.2020-103
EXHIBIT A
DEA PROGRAM - FUNDED
STATE AND LOCAL TASK FORCE AGREEMENT
This agreement is made this 1st day of October 2020,between the United States Department of
Justice, Drug Enforcement Administration (hereinafter "DEA"), and the Marana Police
Department, ORI#AZ0100900 (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 area and that such illegal activity has a substantial and detrimental effect on the health
and general welfare of the people 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 Tucson Task Force, the MPD agrees to detail one (1)
experienced officer(s) to the Tucson Task Force for a period of not less than two years.
During this period of assignment, the MPD officers will be under the direct supervision and
control of DEA supervisory personnel assigned to the Task Force.
3. The MPD officers 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 officers assigned to the Task Force shall be deputized as Task Force Officers of
DEA pursuant to 21 U.S.C. Section 878.
5. To accomplish the objectives of the Tucson Task Force, DEA will assign up to three(3)
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 Agent and MPD officers 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.
FY 2021 DEA Task Force Agreement: Marana Police Department 11 P a g e
Marana Regular Council Meeting 09/15/2020 Page 53 of 327
6. During the period of assignment to the Task Force, the MPD will remain responsible for
establishing the salary and benefits, including overtime, of the officers assigned to the Task
Force, and for making all payments due them. DEA will, subject to availability of funds,
reimburse the MPD for overtime payment. Annual overtime for each state or local law
enforcement officer is capped at the equivalent of 25% of a GS-12, Step 1, of the general pay
scale for the Rest of United States. Reimbursement for all types of qualified expenses shall
be contingent upon availability of funds and the submission of a proper request for
reimbursement which shall be submitted monthly or quarterly on a fiscal year basis, and
which provides the names of the investigators who incurred overtime for DEA during the
invoiced period, the number of overtime hours incurred, the hourly regular and overtime
rates in effect for each investigator, and the total cost for the invoiced period. Invoices must
be submitted at least quarterly within 10 business days of the end of the invoiced period.
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 audits and examinations are completed and resolved, or for
a period of six (6) 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 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.
FY 2021 DEA Task Force Agreement: Marana Police Department 2 I P a ! e
Marana Regular Council Meeting 09/15/2020 Page 54 of 327
12. When issuing statements, press releases, requests for proposals, bid solicitations, and other
documents describing projects or programs funded in whole in part with federal money, the
MPI:) 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 until
September 30, 2022. This agreement may be terminated by either party on thirty days'
advance written notice. Billing 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 Lnforcement Administration:
Date:
Cheri A. Oz, Special Agent in Charge
Phoenix Field Division
For the Marana Police Department:
Date:
Terry Rozema, Chief
Marana Police Department
FY 2021 DEA"Task Force Agreement: Marana Police Department 3 1 a p.
Marana Regular Council Meeting 09/15/2020 Page 55 of 327
� 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 u Ic (Federal .State,.or local) tra a tion or c tract under a
u IIc transaction; violation or ec�eral or tatantitrust
As required bed y 2e. tt�n 13526, Title 31 of the U.S. .Code, an tires o commission d f em a ement, hen or er
oaimprct 6Qp tree appagreement agreement
r $10at: 0 UUU, as define liato2e staMenry ts,or receiving stolen property records, making �alsye
CC)Are not presently indicted for or otherwise criminallyor civilll
(a) No Federal appropriate funds have been paid or will be paid, Char ed py a over11 nfal entity ( ederal, State, or local wi lyi
ljyy or on behalf of the undersigned, to any person for influencing omt l sion fgany of the ofenss enumerated in paragraph (1)
or attempting to influence an officer or employee of any agency, �b)o thsrs certification; and
a Member Cf Congress, an officer or employee of Congress, or
an employee of a Member of Congress in cpnnection with the
making of any Federal grant the enteringinto of anyd Have not within a three-year period =ceding hi application
cooperative agreement, and extension, continuation, renewl, ad ,on r more publicttra sati ns ( eneral9State, r local
amendment, or modification of any Federal grant or cooperative erminated for cause or efault; and
agreement;
B. Where the a plica t is.unable to certify to anyof the
stat me s in thrsp c rtiri.cation, e or she shall atach an
b of an will other than Federal a exp�ana on to this application.
Y. pr riated funds have been
or e ai to any person for in iuencrng or at eemngna to
uence an o cer or em o ee an a en a e e of
a eress,an ,'icer or emo ee non vArieS orrarrt enlplovaee of EW p Kp �E
mber o on res i "Co ne tion th t is Fe era r n or DR G FRIETH RRTHAN INDIVIDUALS
co perati areenenf, rhe unctersined s�all corp ete and GRAN EES E TFI )
surmttStandard orm -Disclosure o Lobbying
c rvrties, in accordance with its Inetructlons; As recuir d b e D� u F�rte W rk lac�te t of 1988, and
rmttlemert ezi8 a RaFrlt 6/Sections ab 61 and-67..620- as
de inec a
( The undersigned gip require that the la uaae of this cer-
4i91c�tion r in l deg int e aw rd dog ments ro Irsubawards a A I e applicant certifies that it will or will continue to provide a
a iers. ,inciudin s r�granes confractss unaer rants an o drug-treeworkplace eby:
cooperative agree ens, and. Subcontracts) andt, ata sub-
recipients sha cer i y and iscose accordingly.
(a) Publishing a stat ment notif in employees that the
urflawrrja ma ufactore, istribution, disppensln�, P ssesslon 9r
111vvvttt Iv�� ry use of a controlled, suostance is prQ united in the grantee s
kaMt IUN,AND UI Hui
employees and specifying tile. acrs a will be taken against
R emp oyees or vI anon o such prohibition,
(bEstablishing an on-going drug-tree awareness program to
As required b Executive Order 12549, _Debarment and inform emp oy s about-
Sau��ensi n,.anoimplemented t 26 CFR Pit 6or prospective
E> RcFartf6$7i Section 67.51U-ed transactions, as definedpaf (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- assi) staynce programs; aug nnunseling, rehabilitation, and employee
ment declared ineligible, sentenced to a denial of Federal
benefits by a State or Federal court, or voluntarily excluded from (4) The penalties that may,b imposed upon employees for drug
covered transactions by any Federal department or agency; ouse vaions occurring'n the workplace;
(c)Makin it a requirement that each employee to be engaged in
b) Have n.ot wthin a three-year.perirriiod recednthis dapplic ti the pertorn-nance or thegrant be given a cpy of the statement
een convictedoor had a civil.ud e t rendered a arrnst the required by paragraph (a);
obr commis on of rau or a crl i a o ense in con ection witn
taining, attempting to obtain, or performing a fti
sthe
cointemgoystatement (egu gy
��raorapY )tht, as g condition ofemployment tne employ oy will-
OJP
FORM 4061/6(3-91)REPLACES OJP FORMS 4061/2,4062/3 AND 4061/4 WHICH ARE OBSOLETE.
Marana Regular Council Meeting 09/15/2020 Page 56 of 327
(1)AbideNby the terms of the statepment, and Marana Police Department
(2,i lationyo',T,aecnmpnal cfrun stri}uta occurring her he workplace no 11555 Civic Center
laer than Live calendar days after such conviction; Marana, AZ 85653
e) Notifying the aceti�c , inwritin with calendar days after
eceiy�in noce chde sura�taph (d)( from an errtpplo ee Check I-- if there are workplace on file that are not identified
r o he wisereoe vl a ua notice o such.convl b ,n. ere.
mplo er Two m oyes st rovl notice n u in
osition ttitle e artm net otm s is , Office dt Jus
ico
ro rams T Q� tro sk, 6 n is a 'Avenue,. Section 67,630 f the r ulations ov des.that a grantee that i
arabhin t n, D.C.* 250 1. otice sha l inc the identification atate elect
t}�tof Stagy o on �,cerpti aro in.each hedeeraJ fiscal
number�s�of each a acted grant; \teamay Delpat meo OhJf�Formtun611 . 6 ainclu tees atndeS`tate'agencies
Taking one. of the.following actions, within 3,0 alenctar
resapect to any lemployeelwhouis sorconviieterc wiCheck I- if the State has elected to complete OJP Form
4061/7.
llyappro e aorei action agatnst such
an
employee, pInd
� tonteneite
reqpit men sohe e a onActermination,93, as consistent ;orGUANTEES WW APR DIVIDUALS)
�?� Requirio such emrlpyeh{litatPoar ipcipram to facotoelll ifora such imglerrtei �b CF ' Frt e7Wgrkpla t FActt of 1988, and
our s ses a ederale a e, or o a Health,taaw en orcemen , e Ind a art gecbons 6 g��and gt/,gffntees, as
r other appropriate agency;
A. As a 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 unlawful manufacture, aiisteibuion, dispensingossso
workplace through implementation of paragraphs(a),(b), (c), (d), or use or a controlled substance in condition 2rtiy activity with
(e), and (f). the grant; and
The grantee ma insert in the space provided below the site B. If convinced of a criminal drug offense resulting,from a
foxtrTe ertorms .pnce of work done in connection with the violation occurring during the conduct of any grant activity, I will
ecitc grant. report the conviction, in writing, within 10 calendar days of the
conviction, to: Department of Justice, Office of Justice Programs,
Place of Performance (Street address, city, country, state, zip DTC.20531ntrol Desk, 633 Indiana Avenue, N.W., Washington,
codeAs 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 Civic Center.
Marana, AZ 85653
2. Application Number and/or Project Name 3. Grantee IRSNendor Number
4. Typed Name and Title of Authorized Representative
5. Signature 6. Date
Marana Regular Council Meeting09/15/2020
Page 57 of 327
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