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Home My WebLink AboutResolution 2021-128 Approving and Authorizing the Chief of Police to Execute a Program Funded Task Force Agreement between US DEA and Marana PDMARANA RESOLUTION NO. 2021-128 RELATING TO POLICE DEPARTMENT; APPROVING AND AUTHORIZING THE CHIEF OF POLICE TO EXECUTE A PROGRAM FUNDED TASK FORCE AGREEMENT BETWEEN THE UNITED STATES DEPARTMENT OF JUSTICE, DRUG ENFORCE- MENT ADMINISTRATION AND THE MARANA POLICE DEPARTMENT FOR FIS- CAL YEAR 2022 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 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 de- sire to renew an agreement providing for the Marana Police Department's continued par- ticipation 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 2022, 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 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. - 1 - Resolution No. 2021-128 00077246.DOCX /1 PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Ar- izona, this 21st day of September, 2021. ,/lam Mayor Ed Honea ATTE APPROVED AS TO FORM: Cherry L. 4wson, Town Clerk Ja odirall, Town Attorney MARAN.A AZ ESTABLISHED 1477 -2- Resolution No. 2021-128 00077246.DOCX /1 Exhibit A to Marana Resolution No. 2021-128 PROGRAM - FUNDED STATE AND LOCAL TASK FORCE AGREEMENT This agreement is made this 1St day of October 2021, between the United States Department of Justice, Drug Enforcement Administration (hereinafter "DEA"), and the Marana Police Department, ORI# AZ00100900 (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 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. 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 six (6) special agents to the task force. The 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. 00077243.Docx itFY 2022 Program Funded Task Force Agreement: Marana Police Department 1 1 1' ari $w Exhibit A to Marana Resolution No. 2021-128 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 formaking 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 30 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 litigation, claim, audits and examinations are completed and resolved, or for a period of six (6) years 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 the DEA until the completed certification isreceived. 00077243.DocxnFY 2022 Program Funded Task Force Agreement: Marana Police Department 2 11, 12. When issuing statements, press releases. requests for proposals. bid solicitations. and other documents describing projects or programs funded in whole or in pan %% ith 1ederal money. the MPI) shall clearly state ( I ) the percentage of the total cost of the program or project which vgill be financed �\ ith federal money and (2) the dollar amount of federal funds 1'()r the project or program, 13. The term of this agreement shall be effiective from the date in paragraph number one until September 30, 2022. This agreement may he terminated b\ either party on thin\ days' advance written notice. Billing for all outstanding obligations must be received by Dl -.A within 90 days of the date ol'termination of this agreement. DI: A %+ ill he responsible only I'Or obligations incurred by M I'D during the term of this agreement. I -or Clic Dnw, I-til'Orcerrient Administration: Vcheri Oz. Special -ktocnt in Charge Phoenix Field Division I or tile %Iaraiia Police Department: Ru Nunez,, u d4ef ofcc Marana Police Departa 002. ,r f t Date: /Za- I I , 1 Y2022 Program Funded Task Force Agreement: Maraiia Police Department I