HomeMy WebLinkAboutResolution 2022-105 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 2022-2026 MARANA RESOLUTION NO. 2022-105
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 2022-2026
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 2022-2026,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.
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00084294.DOCX/1
Resolution No.2022-105
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Ar-
izona, this 18th day of October, 2022.
Mayor Ed Honea
ATTEST: APPROVED AS TO FORM:
David L. Udall, Town Clerk Ja gall, T wn Attorney
.406&
MARANA AZ
ESTABLISHED 1977
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00084294.DOCX/1
Resolution No.2022-105
Exhibit A to Marana Resolution No. 2022-105
PROGRAM - FUNDED
STATE AND LOCAL TASK FORCE AGREEMENT
This agreement is made this 1St day of October 2022, between the United States Department of
Justice, Drug Enforcement Administration (hereinafter "DEA"), and the Marana Police
Department, ORI#AZ00100900 (hereinafter "parent agency"). The DEA is authorized to enter
into this cooperative agreement concerning the use and abuse of controlled substances under the
provisions of 21 USC § 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 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 parent agency agrees to
detail one (1) experienced officers to the Tucson Task Force for a period of not less than
two years. During this period of assignment,the parent agency officers will be under the
direct supervision and control of DEA supervisory personnel assigned to the task force.
3. The parent agency 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 parent agency officers assigned to the task force shall be deputized as task force
officers of DEA pursuant to 21 USC § 878.
5. To accomplish the objectives of the Tucson Task Force, DEA will assign nine (9) special
agents to the task force. The parent agency agrees to provide and maintain a vehicle for
use for each of its assigned task force officers. 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 parent
agency 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.
00084299.Docx/1 FY 2023 DEA Task Force Agreement: Marana Police Department 1 1 P a g e
Exhibit A to Marana Resolution No. 2022-105
6. During the period of assignment to the Tucson Task Force, the parent agency 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 parent agency for overtime payments. Annual
overtime for each state and local law enforcement officer is capped at the equivalent to
25% of the salary of a GS-12, step 1, of the general pay scale for the rest of the United
States. Reimbursement for all types of qualified expenses shall be contingent upon
availability of funds and 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
investigators who incurred overtime for DEA during 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. The parent agency will bill
overtime as it is performed and no later than 60 days after the end of each quarter in
which the overtime is performed.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 parent agency charge any indirect cost rate to DEA for the
administration or implementation of this agreement.
8. The parent agency 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 parent agency 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
parent agency 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 later.
10. The parent agency 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 parent agency 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 parent agency acknowledges that this agreement will not take effect and no federal
funds will be awarded to the parent agency by DEA until the completed certification is
received.
00084299.DOCX/1 FY 2023 DEA Task Force Agreement: Marana Police Department 2 ' Page
Exhibit A to Marana Resolution No. 2022-105
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 parent agency 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, 2026. This agreement may be terminated by either party on 30 days'
advance written notice. DEA's support to the task force, including reimbursement of
overtime, is subject to the availability of funds on a fiscal year basis (October 1 through
September 30 of the next year). Billing for all outstanding obligations must be received
by DEA within 60 days of the end of the fiscal year or within 60 days of the date of
termination of this agreement. DEA will be responsible only for obligations incurred by
parent agency during the term of this agreement on a fiscal year basis, subject to the
availability of funds.
For the Drug Enforcement Administration:
Cheri A. Oz, Special Agent in Charge Date
Phoenix Field Division
For the Marana Police Department:
Ruben Nunez, Chief of Police Date
00084299.DOCX/1 FY 2023 DEA Task Force Agreement: Marana Police Department 3 I P a g e