HomeMy WebLinkAbout16-Police Department
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ORIGINAL
'CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Garrett W. Zimmon
Chief of Police
Subject: 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.
Dept: Police
Date: 2004
Synopsis of Previous Council Action:
None
Recommended Motion:
Adopt Resolution
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Ignature
Contact person: Uit~h::1I Kimh::llll
Phone: ~AA._!'\R?R
Supporting data attached:
yes
Ward: all
FUNDING REQUIREMENTS: Amount: None
Source: N/A
Finance:
Council Notes:
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Agenda Item No.
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
SUBJECT
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.
BACKGROUND
Several investigative drug task forces currently work in the Riverside District Office of the
United States Department of Justice, Drug Enforcement Administration. Chief Garrett Zimmon
and the San Bernardino Police Department have been asked by the Assistant Special Agent in
Charge (Riverside Office) to participate in a task force that operates within the Inland Empire
region. It is proposed that one officer from the San Bernardino Police Department Narcotics
Unit be assigned to a DEA task force to enhance drug enforcement efforts in the San Bernardino
area. The trafficking in narcotics and dangerous drugs, as well as other associated illegal
activities, has a substantial detrimental effect on the health and general welfare of community
members in the City of San Bernardino.
The San Bernardino Police Department would be responsible for providing an officer and related
safety equipment to the task force. Any additional equipment needs are the responsibility of the
Drug Enforcement Administration. Task force supervision will be the responsibility of DEA
managers and employee oversight will remain the responsibility of the San Bernardino Police
Department. The assigned employee will be responsible for adherence to all rules and
regulations of the San Bernardino Police Department while working within the DEA task force.
The DEA task force the San Bernardino Police Department will be partnering with investigators
from:
- United States Department of Justice, Drug Enforcement Administration
San Bernardino County Sheriff s Department
Riverside County Sheriffs Department
Ontario Police Department
California Highway Patrol
Assignment to the task force will be for a minimum of two years. Any training needs or
assignments related to task force operations will be provided by the Drug Enforcement
Administration, with no charge to the City of San Bernardino or the San Bernardino Police
Department. Participation by the San Bernardino Task Force Officer provides the City of San
Bernardino and the San Bernardino Police Department an allocated share of assets seized in
those investigations.
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FINANCIAL IMPACT
There is no impact to the City's General Fund or the Police Department budget. The Agreement
provides that the DEA will reimburse the San Bernardino Police Department during the fiscal
year for overtime payments made to the assigned task force officer, up to $14,666.25 (25% of the
salary ofa Federal employee GS-12).
RECOMMENDATIONS
Adopt Resolution.
Attachments
Standard State and Local Task Force Agreement - United States Department of Justice, Drug
Enforcement Administration
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RESOLUTION NO. to lP>Y
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR mE
SAN BERNARDINO POLICE DEPARTMENT TO PARTICIPATE AS A MEMBER OF
THE UNITED STATES DEPARTMENT OF JUSTICE, DRUG ENFOR,CEMENT
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
und~ding is rescinded if it is not executed within sixty (60) days of the passage of this
resolution.
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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.
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a
meeting thereof, held on the
day of
, 2005, by the following vote, to wit:
Council Members
Aves
Abstain
. Absent
Navs
ESTRADA
LONGVILLE
McGINNIS
DERRY
KEll.EY
JOHNSON
McCAMMACK
City Clerk
The foregoing resolution is hereby apprcwed this
day of
.2005.
!udit&. Valles, Mayor
City of San Bernardino
Approved as to form and legal content:
James F. Penman, City Attorney
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STANDARD
STATE AND LOCAL TASK FORCE AGREEMENT
This agreement is made this
between the United States Department of
Administration (hereinafter "DEA"), and
Department (hereinafter "SBPD").
day of , 20__,
Justice, Drug Enforcement
San Bernardino Police
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 eo eraft':h:king 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 SBED
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 procedurest F"ailure. 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 ~Task Force. DEA will also,
suD:te.c.t. t.Q;. t.ttlii; aJT"'i lanjLi.1:y' af annually appropriated. funds or. any
continuing resolution thereof, provide necessary ~~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 Tas~
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. DBA 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 OEA to facilitate on-site
inspection and auditing of such records and accounts.
9. The SBPO shall permit and have readily available for examination
and auditing by DEA, the United States Department of Justice, the
Comptroll~r 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, 0, and F.
11. The SBPO 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 SBPO 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 dolla~ 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.
For the Drug Enforcement Administration:
Date:
Stephen C. Delgado
Special Agent in Charge
Los Angeles Field Division
For the San Bernardino Police Department:
Date:
Name
Ti tle
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** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
M_Da"rpmAOOPI'd)'?I~ --
Vote: Ayes '7 Nays
Change to motion to amend original documents D
Ih
Resolution #
t300~"'S/
Abstain
Companion Resolutions
Absent
NulI/Void After: days /
Resolution # On Attachments: D Note on Resolution of attachment stored separately: D
PUBLISH D
POST D
RECORD wtCOUNTY D
By:
Date Sent to Mayor:
Date of Mayor's Signature:
Date of Clerk/CDC Signature:")' Y11
Reso. Log Updated: ~/
Seal Impressed: \1'
Date MemolLetter Sent for Signature:
151 Reminder Letter Sent:
Date Returned:
2nd Reminder Letter Sent:
Not Returned: D
Request for Council Action & Staff Report Attached: Yes No By_
Updated Prior Resolutions (Other Than Below): Yes No By_
Updated CITY Personnel Folders (6413, 6429, 6433, 10584, 10585, 12634): Yes No By_
Updated CDC Personnel Folders (5557): Yes No By_
Updated Traffic Folders (3985, 8234, 655, 92-389): Yes No By_
Copies Distributed to:
Animal Control
City Administrator
City Attorney
Code Compliance
Development Services
Others:
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EDA
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Fire Department
Human Resources
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Information Services
Parks & Recreation
Police Department
Public Services
Water Department
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Facilities
Ready to File:
Notes:
Revised 12/18/03
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CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
March 2, 2005
TO:
Mitchal Kimball
Police Department
FROM:
Eileen Gomez, Senior Secretary
RE:
Transmitting Documents for Signature - Resolution Nos. 2005-51
At the Mayor and Common Council meeting of February 22, 2005, the City of San Bernardino
adopted Resolution No. 2005-51 - Resolution 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.
Attached is a certified copy of Resolution No. 2005-51, one (1) original agreement and two (2)
duplicate original agreements, executed by the Mayor. Please obtain signatures in the
appropriate locations and return the ORIGINAL to the City Clerk's Office to my attention as
soon as possible. Please keep one (1) fully executed duplicate original agreement for your
records, and forward the remaining duplicate original agreement to the Department of Justice,
Drug Enforcement Administration (DEA).
If ~U"'tions, please do n
Eileen Gomez
Senior Secretary
esitate to contact me at ext. 3206. Have a blessed day!
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Signed:
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City of San Bernardino
San Bernardino Police Department
Interoffice Memorandum
To:
Stephen G. Azzam ASAC Riverside DEA
From:
Lt. Mitchal Kimball SBPD - Narcotics Commander
Subject:
Task Force Agreement
Date:
3-4-05
Copies:
File
The Mayor and Common Council of the City of San Bernardino have ratified the
agreement allowing the San Bernardino Police Department to participate as a partner in
task force operations, at the DEA Riverside Office.
.
Attached is the original agreement, as well as a copy for your file. It requires the
signature of Stephen C. Delgado, Special Agent in Charge, Los Angeles Field Division.
Please have him sign all three copies of the Task Force Agreement, and return all
originals to you. I will arrange to pick them up and file them with the San Bernardino
City Clerks Office. To remain in effect, the agreement must be signed by Stephen
Delgado no later than April 24, 2005. Pursuant to the attached Council Resolution 2005-
51, execution of the memorandum of understanding is rescinded if not signed within 60
days of the passage of the resolution, dated February 24th 2005. .
Members of the San Bernardino Police Department Narcotic Unit are excited about the
opportunity to work with our local DEA task force. Please do not hesitate to contact me
if! can b of an sistance in securing all necessary signatures.
Thank y,
Lieutenant Mitchal Kimball
Special Enforcement Bureau - San Bernardino Police Department
(909) 384-5626
(909) 754-0013 - cell
nrn SBPD [S COMMl1TED TO PR.OVIDING:
PROGRESSIVE QUALIlY POUCH SBRVICE;
^ SAFE BNVIRONMBNTTO IMPROVE nrn QUALIlY OF LIFE;
^ RBDUCTION IN CRIME'mR.OUGH PROBLBM RBCOGNmON AND PROBLBM SOLVING