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HomeMy WebLinkAboutResolution 2007-150 approving a federal task force agreement relating to drug enforcementMARANA RESOLUTION NO. 2007-150 RELATING TO THE POLICE DEPARTMENT; APPROVING AND AUTHORIZING THE EXE- CUTION OF A TASK FORCE AGREEMENT BETWEEN MPD AND THE UNITED STATES DEPARTMENT OF JUSTICE, DRUG ENFORCEMENT ADMINISTRATION. 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 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 United States De- partment of Justice, Drug Enforcement Administration desire to renew an agreement by which the Town will be able to continue to participate in the DEA Tucson Task Force; and WHEREAS, the Mayor and Council of the Town of Marana feel it is in the best interests of the public to renew this agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, that the agreement between the Town of Marana and the United States De- partment of Justice, Drug Enforcement Administration, attached to and incorporated by this refer- ence in this resolution as Exhibit A is hereby approved, and the Chief of Police is hereby authorized to execute it for and on behalf of the Town of Marana. IT IS FURTHER RESOLVED that the Town's Manager and staff are hereby directed and au- thorized to undertake all other and further tasks required or beneficial to carry out the terms, obliga- tions, and objectives of the intergovernmental agreement. PASSED, ADOPTED, and Arizona, this 4h day of September, the Mayor and Council of the Town of Marana, Mayor Ed Honea CIH 08129107 TASK FORCE AGREEMENT BETWEEN DRUG ENFORCEMENT ADMINISTRATION AND MARANA POLICE DEPARTMENT This agreement is made this 30'h day of September, 2007, between the United States Department of Justice, Drug Enforcement Administration (hereinafter "DEA"), and Marana Police Department (hereinafter "MPD"). WHEREAS there is evidence that trafficking in narcotics and dangerous drugs exists in the area 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: 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 two experienced officers to the DEA 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. 878. 5. To accomplish the objectives of the DEA Tucson Task Force, DEA will assign a significant number of 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 2008 Marana Police Department Task Force Agreement DEA Special Agents and Officers assigned to the Task Force. This support will include: office space, office supplies, travel fimds, 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 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 payments made by it to MPD officers 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, (RUS) Federal employee (currently $15,854.25), per officer. 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 three 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 1. 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. 2008 Marana Police Department Task Force Agreement 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 from the date of signature by representatives of both parties to September 30, 2008. This agreement may be terminated by either party on thirty days' advance written notice. Billings for all outstanding obligations must be received by DEA within 90 days of the date of ten-nination of this agreement. DEA will be responsible only for obligations incurred by MPD during the term of this agreement. For the Drug Enforcement Administration: 'TH W. KEMfPSHALI! Date_? -,?Ll ELIZ E ?LL Special Agent in Charge For the Marana Police Department: Date 40??- kICHARD VIDAtfkRI Chief of Police Attachment 2008 Marana Police Department Task Force Agreement I 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, "Govern ment-wide Department and Suspension (Non procurement) 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 As required by Section 1352 Title 31 of the U.S. Code, and implemented at 28 CFR Part' 69, for persons entering into a rant or coogerative agreement over $100,000, as defined at 98 CFR Part 9, the applicant certifies that: (a) No Federal agropriate funds have been paid or will be Faid, by or on be alf of the undersigned, to any person for in-f luencing or attempting to influence an officer or employee o any agency, a Member of Congress, an officer or employee of n ct, Con ?ess, or an employee of a Member of Congress in con- e ion with the making of any Federal grant, the entering into of any cooperative agreement, and extension, continuation, renewal, amendment, or modification of any Federal grant or cooperative agreement; U any funds other than Federal appropriated funds have en'f paid or will be paid to any person for influencing or at- tempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee c ongress, or an employee of a Member of Congress in connection with this Federal grant or cooperative agreement, the undersigned shall .omplete and submit Standard Form - LLL "Disclosure of c Lobbying Activities," in accordance with its instr6ctions; (c) The undersigned shall require that the Ian uage of this cer- fiffcation be included in the award documents lor all subawards at all tiers (including subgrants, contracts under grants and cooperative apreements, and subcontracts) and that all sub- recipients sha certify and disclose accordingly. 2. DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILIW MATTERS (DIRECT RECIPIENT) As required by Executive Order 12549, Debarment and Suspension, and implemented at 28 CFR Prt 67, for prospec- tive participants in primary covered transactions, as defined at 28 CFR Part 67, Section 67.510- A. The applicant certifies that it and its principals: (a) Are not presentl debarred, suspended, proposed for debar- menth declared ine igible sentenced to a denial of Federal bene ts by a State or Vederal court, or voluntarily excluded from covered transactions by any Federal department or agency; jb) Have not within a three-year eriod.preceding this applica- ion been convicted of or had a c P il jud ment rendered against them for commission of fraud or a criminal offense in connec- 1v tion with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or Statp antiterust statutes or commission of embezzlement, theft for Iry, bribery, falsification or destruction of records, making Me statements, or receiving stolen property; (9) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entpt (Federal, State, or locao with commission of any of the o Eenses enumerated in paragraph (1)(b) of this certification; and (0) Have not within a three-year period preceding this applica- tion had one or more public transactions (Federal, State, or local) terminated for cause or default; and B. Where the applicant is unable to certify to anK of the statements in this certification, he or she shall a ach an explanation to this application. 3. DRUG-FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) As required by the Dru$Free Workplace Act of 1988, and implemented at 28 CFR art 67, Subpart F, for grantees as defined at 28 CFR Part 67 Sections 67.615 and 67.620- A * The applicant certifies that it will or will continue to provide a drug-free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dis ensing, possession, or use of a controlled substance is proNbited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing an on-going drug-free awareness program to inform employees about- (1) The dangers of drugs abuse in the workplace; (2) The grantee's policy of maintaining a drug-free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (c) Makin? it a requirement that each employee to be engaged in the pe ormance of the grant be given a copy of the state- ment required by paragraph (a); (d) Notifyin the employee in the statement required by para raph ?a) that, as a condition of employment under the gran?, the employee will- 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 M Notify the employer in writing of his or her conviction for a violation of a criminal dru statute occurring in the workplace no later than five calendar Us after such conviction; (?) Notifying the agency, in writing, within 10 calendar day' after receiving notice under subparagrafh i (d)(2) from an emplo ee or otherwise receiving actual no ice or such convic- tion. Mloyers of convicted employees must provide notice includin$ position title, to: Department of Justice, Office of Justice rograms, ATTN: Control Desk, 633 Indiana Avenue N.W., Washingto? D C 20531. Notice shall include the iden-' tification number(s) of'ea*ch affected grant; (f) Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted- mp!oye ? app e c (1) Takin ropriate personnel action against such an e up o and including termination 0 9, c nsistent with the requirements of the Rehabilita n Act of 3, as amended; or (2) Requiring such employee to participate satisfactorily in a d ru abuse assistance or rehabilitation program approved for suc? purposes by a Federal, State, or local health , law enforce- ment, or other appropriate agency; Making a good faith effort to continue to maintain a drucl- rge)e work?,lace through implementation of paragraphs (a), (b), (c), (d), (e and (f). B. The grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specific grant: Place of Performance (Street address, city, country, state, zip code) TUCSON DISTRICT OFFICE 3285 East Hemisphere Loop Tucson, Arizona 85706 Check D if there are workpla ce on file that are not identified here. Section 67, 630 of the regulations provides that a grantee that is a State may elect to make one certification in each Federal fiscal year. A copy of which should be included with each ap- plication for Department of Justice fundiny. States and State agencies may elect to use OJP Form 4061/ . Check D if the State has elected to complete OJP Form 4061/7. DRUG-FREE WORKPLACE (GRANTEES WHO ARE INDIVIDUALS) As required by the Dru$Free Workplace Act of 1988, and imp mented at 28 CFR art 67, Sub art F, for rantees, as detined at 28 CFR Part 67; Sections 67.915 and 67.920- A. As a condition of the grant I certify that I will. not engage in the unlawful manufacture distribution dispensing, posses- sion, or use of a controlled substan?e in condition any activity with the grant; and B. If convinced of a criminal dru? offense resulting from a violation occurring during the con Luct of.anr grant activit will report the conviction, in writing I y, oe within 0 calendar days of the conviction, to: Department Justice, Office of Justice Programs, ATTN: Control Desk, 633 Indiana Avenue, N.W., Washington, D.C. 20531. 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: MAP-ANA POLICE DEPARTMENT 11555 West Civic Center Drive, Bldg. B Marana, Arizona 85653 2. Application Number and/or Project Name 3. Grantee IRS/Vendor Number RICHARD VIDAURRI, CHIEF 4. Typed Name and Title of Authorized Representative e:*O??100 5. Signature e7 6. Date