HomeMy WebLinkAbout2005-051
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RESOLUTION NO.
2005-51
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR THE
SAN BERNARDINO POLICE DEPARTMENT TO PARTICIPATE AS A MEMBER OF
THE UNITED STATES DEPARTMENT OF JUSTICE, DRUG ENFORCEMENT
ADMINISTRATION TASK FORCE.
SECTION 1: The Mayor and Common Council of the City of San Bernardino,
authorizes the Mayor or her designee, to execute an agreement between the City of San
Bernardino Police Department and the United States Department of Justice, Drug Enforcement
Administration authorizing the San Bernardino Police Department to participate as a member
of a Drug Enforcement Administration task force operating in the Inland Empire.
SECTION 2: The authorization to execute the above referenced memorandum of
understanding is rescinded if it is not executed within sixty (60) days of the passage of this
resolution.
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2005-51
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT
(RENEWAL) FOR THE SAN BERNARDINO POLICE DEPARTMENT TO
PARTICIPATE AS A MEMBER OF THE INLAND EMPIRE CLANDESTINE
LABORATORY TASK FORCE.
5 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
6 Common Council of the City of San Bernardino at a joint regu1meeting thereof, held on the
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22nd day of February
, 2005, by the following vote, to wit:
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Council Members
ESTRADA
LONGVILLE
McGINNIS
DERRY
KELLEY
JOHNSON
McCAMMACK
Abstain
Absent
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City Clerk
The foregoing resolution is hereby approved this )fIi. February, 2005,
Approved as to form and legal content:
James F, Penman, City Attorney
BY!- "1 pp~
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u alles, Mayor
C' y of San Bernardino
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2005-51
OR161NAL
STANDARD
STATE AND LOCAL TASK FORCE AGREEMENT
This agreement is made this /6 -!I- day of H4dC,J ,20 lJ~
between the United States Department of Justice, Drug Enforcement
Administration (hereinafter "DEA"), and San Bernardino Police
Department (hereinafter "SBPD").
WHEREAS there is evidence that trafficking in narcotics and dangerous
drugs exists in the Riverside/San Bernardino County area and that such
illegal activity has a substantial and detrimental effect on the
health and general welfare of the people of Riverside/San Bernardino
County, the parties hereto agree to the following:
1. The Riverside Task Force will perform the activities and duties
described below:
a. disrupt the illicit drug traffic in the Riverside/San
Bernardino County 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 California.
2. To accomplish the objectives of the Riverside Task Force, the SBPD
agrees to detail one (1) experienced officer to the Riverside Task
Force for a period of not less than two years. During this period of
assignment, the one (1) officer will be under the direct supervision
and control of DEA supervisory personnel assigned to the Task Force.
3. The one (1) 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 one (1) officer assigned to the Task Force shall be deputized
as Task Force Officer of DEA pursuant to 21 U.S.C. 878.
5. To accomplish the objectives of the Riverside Task Force, DEA will
assign two (2) 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
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one (1) 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 Riverside State/Local Task
Force, the SBPD will remain responsible for establishing the salary
and benefits, including overtime, of the one (1) officer assigned to
the Task Force, and for making all payments due them. DEA will,
subject to availability of appropriated funds, reimburse the SBPD for
overtime payments made by it to one (1) officer assigned to the
Riverside Task Force for overtime, up to a sum equivalent to 25
percent of the salary of a GS-12, step 1, Federal employee (currently
$14,666.25), per officer.
7. In no event will the SBPD charge any indirect cost rate to DEA for
the administration or implementation of this agreement.
8. The SBPD 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 SBPD 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 SBPD shall maintain all such reports and records until
all audits and examinations are completed and resolved, or for a
period of three (3) years after termination of this agreement,
whichever is sooner.
10. The SBPD shall comply with Title VI of the Civil Rights Act of
1964, Section 504 of the Rehabilitation Act of 1973, the Americans
with Disabilities Act (as incorporated in the Civil Rights Act of
1991) and all requirements imposed or pursuant to the regulations of
the United States Department of Justice implementing those laws, 28
C.F.R. Part 42, Subparts C, D, and F.
11. The SBPD 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 SBPD
acknowledges that this agreement will not take effect and no Federal
funds will be awarded to the SBPD by DEA until the completed
certification is received.
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 SBPD shall clearly
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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 September 30, 2004 to
September 30, 2005. 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
termination of this agreement. DEA will be responsible only for
obligations incurred by SBPD during the term of this agreement.
inistration:
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