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Home My WebLink About2005-350 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 --.'T'" ,. ""-"~ RESOLUTION NO. 2005-350 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUmORIZING THE EXECUTION OF THE RENEWAL OF A MEMORANDUM OF UNDERSTANDING (MOU) FOR THE SAN BERNARDINO POLICE DEPARTMENT TO PARTICIPATE AS A MEMBER OF THE UNITED STATES DEPARTMENT OF JUSTICE, DRUG ENFORCEMENT ADMINISTRATION (DEA) TASK FORCE. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOW: SECTION 1. That the Mayor and Common Council of the City of San Bernardino authorize 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 The authorization to execute the above referenced memorandum of understanding is rescinded if it is not executed within sixty (60) days of the passage of this resolution. III III III III III III III 1/1 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2005-350 1 2 3 4 5 6 7 8 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF THE RENEWAL OF A MEMORANDUM OF UNDERSTANDING (MOU) FOR THE SAN BERNARDINO POLICE DEPARTMENT TO PARTICIPATE AS A MEMBER OF THE UNITED STATES DEPARTMENT OF JUSTICE, DRUG ENFORCEMENT ADMINISTRATION (DEA) TASK FORCE. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and joint Common Council of the City of San Bernardino at a regular meeting thereof, held on the 17th day of October , 2005, by the following vote, to wit: 9 Council Members ABSTAIN ABSENT AYES NAYS 10 ESTRADA x LONGVILLE x McGINNIS x DERRY x KELLEY x JOHNSON x McCAMMACK x Q~k,~ 'city Clerk /' Approved as to form and legal content: ,2005. The foregoing resolution is hereby approved this ~, I H VALLES, Mayor ity f San Bernardino ~rr"'1'f-~-"'~'" <<<<< "<<<<'"C=~TF< City of San Bernardino San Bernardino Police Department Interoffice Memorandum To: Stephen G. Azzaro ASAC Riverside DEA From: Lieutenant Mitchal Kimball SBPD - Narcotics Commander Subject: 2006 Task Force Agreement Date: 10/31/05 Copies: File The Mayor and Common Council of the City of San Bernardino have ratified the agreement allowing the San Bernardino Police Department to continue participating as a partner in task force operations for FY 2006, 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 copies and return them to you. I will arrange to pick them up and file them with the San Bernardino City Clerks Office. Pursuant to the attached Council Resolution 2005-350, execution of the memorandum of understanding is rescinded if not signed within 60 days of passage of the resolution, dated October 17th 2005. Members of the San Bernardino Police Department Narcotics Unit have enjoyed working with your agency in task force operations and are excited about the continued opportunity to work together. Please do not hesitate to contact me if I can be of any assistance in securing any of the necessary signatures. Lieutenant Mitchal Kimball SEB Narcotics - San Bernardino Police Department (909) 384-5626 Ofc (909) 754-0013 Cell TIlE SBPD IS COMMITIED TO PROVIDING; PROGRESSIVE QUAU1Y POUCE SERVICE; A SAFE ENVIRONMENT TO IMPROVE TIlE QUAU1Y OF UFE; A REDUCTION IN CRIME TIlROUGH PROBLEM RECOGNITION AND PROBLEM SOLVING " -'-~.~"""'C ''"~C~'' ,,'" r' , T~~,~"" '" 'T ~, C,.. " "~_ tf1 ~gY u. S. Department of Justice Drug Enforcement Administration 4470 Olivewood Avenue Riverside, CA 92501-4155 (909) 328-6064 September 6, 2005 Lt. Mitch Kimball San Bernardino Police Department 710 N. D Street San Bernardino, CA 92401 Dear Lt Kimball: The annual process of renewing the Task Force Agreement for FY 2006 will be accomplished by executing a State/Local Task Force Agreement which identifies changes to the standing Task Force Agreement, if any. Please find enclosed for signature the Riverside DO State/Local Task Force Agreement for Fiscal Year 2006 (i.e. 10/1/2005 to 09/30/2006). Please have the State/Local Task Force Agreement signed and return all copies. Please ensure that the attachment (OJP Form 4061-6) to the State/Local Task Force Agreement is signed, as well. The signed State/Local Task Force Agreement will be returned to your office after signature by DEA's Special Agent in Charge. Sincerely, Stephe G. zam Assistant Special Agent in Charge Encs. ."- - " Enclosed, please find the Task Force Agreements for FY 2006. If you need further information, please contact: Chris Sed mack DEA Riverside (909) 328-6064 , ,NOll '23 2005 10: 05 FR TO 919513286088 P ..01 /0El ',.. -- -' '. QR1~AL ':;~ " STANDARD STATE AND LOCAL TASK FORCE AGREEMENT This agreement is made this .1st between the United States Department of Administration (hereinafter "DEA"), and Department (hereinafter "SBPO"). day of Octo~er , 20Ql, Justice, Orug 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. Riv~rside/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 SBPO agrees to detail one (1) experienced'officer to the Riverside Task Force for a period of not less than two years. Du~ing this period of assignment, the one (1) officer will be under the direct supervision and control of OEA supervisory personnel assigned to the Task Force. 3. The one (1) officer assigned to the Tas~ 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 p~rsuant 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 OEA Special Agents and ',NOU'Z3 2005 10:05 FR TO 919513286088 P:02/08 . . ~ ,.." ~ '-' 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. Ouring 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. OEA will, subject to availability of appropriated funds, reimburse ,the SBPO 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 $15,144.00), 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 SBPO 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 SBPO 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 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 SBPO acknowledges that this agreement will.not take effect and no Federal funds will be awarded to the SBPO 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 . NOU '23 2005 10:06 FR .TO .919513286088 ...... ..".....- P..03/08 . . .' '- -- ., state: el) the percentage of the total cost of th~ 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 October 1, 2005 to September 30, 2006. 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. Date: /110,;1:''\ * f t Police Department: . Date: ~ 3\.\~~C::>S- '- U.S. DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PROGRAMS OFFICE OF'THE COMPTROLLER , .NOIJ '~3 2005 10: 06 FR ,. --- . ...-.-.... . ..m...~".,,~..~~.~ ._ TO 919513286088 . P .-04/08 CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS; AND DRUG-FREE WORKPLACE REQUIREMENTS Applicants should refel to the regulations citecl below to determine the' certification to which fhey are required to attest. Applicants should also review the instructions for certification includecl 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, "Govemment-wide Department and Suspension (Nonprocurement) 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 135~ Title 31 of the U.S. Code, and implemented at 28 CFR Pan' 69, for ~ons entering into a grant or cooperative agreement over $100,000, as delined at 28 CFR Part 69, the applicant certifies that: (a) No Federal appropriate funds have been paid or will be paid, by or on behalf Of the undersigned, to any person for in- fluencing or attempting to influence an, Officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an empl~ of a Member of Congress in con- nection wlth 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; (b) If any funds other than Federal appropriated funds have been paid or will be paiel to any person fOr influencing or at- tempting to influence an officer or em~yee of agy agency, a Member of Congress, an officer or emPloyee of congres~or an emp.toyee of a Member of COngrMS in connection With his Federal grant or co0P.8rative agreement, the undersigned s all complete and SUb/T'ilt Standafd Form - LLL. "DisClosure of Lobbying Ac:Iivities," in accordance with its instructions; lel The undersigned shall require that the language of this cer- fification be iJ:ldUcled in the award documents lor all subawards at all tiers (including sUbgrants, contracts under 9rants and cOQPerative agreements, and subcontracts) and that all sub- recipients shalT certify and disclose aooordingly. { , 2. DEBARMEN't, SUSPENSION, AND OTHER RESPONSIBIUTl' MATTERS (DIRECT RECIPIENT) As required by Executive Order 12549 Debarment and Suspension, ana implemented at 28 CFR Prt 67, for prospec- tive p-arti~ants .in primary covered transadions, as defined at 28 CFR Part 67. Section 67.510- A. The appficant certifies that it and its principals: (a) Ase not presenllv debarred, suspended, proposed for debar- ment, declared ineligible sentenCed to a denial of Federal benefits by a state or Federal court. or voluntarily. exduded from covered transactions by any Federal C1epartment or agency; Ib) Have not within a three.year period preceding this applica. rlOn been convicted of or haC! a CIvil judgment rericlered against them for commission of fraud or a crimInal offense in connec- tion with obtaining, attempting to obtain, or performing a . ~ . , i ~ 1 ,; ~ , public (federa.!h~e, or local) transaction or contract under a wbfie InlnS8cUon: violation of Federal or St8te~ antitrust statutes or commission of embezzlement. th forgery, bribery, falsification or destruction of recordS; ma 'ng falSe statements, or receiving stolen property: (e) Are not PT~nUy indicted for or othe~ criminaUy or CiVIllY chargea by . gllVemmental entitY (Federal, State, 9r local) with O!ImrrnsslOn of any of. the oKenses enumerated In paragraph (1 )(b) of this certification: and (d) Have not within a three-year period preceding this applica- . fiGn had one or more public transactions (Federal, State, or ,local) terminated for cause or default; and B. Where the applicant is unable 10 certify to any of the statements in thiS oertification, he or she shall attach an explanation to this application. ' 3. DRUG-FREE WORKPLACE (GRANTEES OTHER THAN INDMDUALS) As required by the Drug-Free ~Iace Ad of 1988, and iml!lenlented at 28 CFR 'Part 67, Sulipart F j" for grantees"..8S defined at 28 CFR Part 67 sections 67.1)15 and 67.\UO- ,A. The applicant certifies that it will or will continue to provide a drug-f,., workplace by: (a) Pub6shing a statement notifyit:l9 employees that the unlawful manufacture, distribution, dis~I'!~~\ Po.Ssession, or use of a controlled substanoe is prohibited In the grantee's worl<place and !lP.ecifying the actions that will be taken against employees for viOlation Of such prohibition; (bl Establishing an on-:going drug-tree 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 pen.llie~ that max ~ irnposec! upon employees for drug abuse vlola~ons 0~mn9 In the workplace; (e) Making it a requirement that each employee to be engaged In the perfOrmance of the grant be given a copy of the state. ment required by paragraph (~): ' (d) NotifY.ing the employee in the statement required by paragraph {a) that. as a condition of employment under the , granf. t1ie employee will. OJP FORM 4061/6 (3-91) REPLACES OJP FORMS 4061/2, 406213 AND 4061/4 WHICH ARE OBSOLETE. <<"--" . .NOU '~3 2005 10: 07 FR 1 :.. "......... . i (1) Abide by the tenns of the statement; and (2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute oocurring in the workplace no later than five calendar days after such conviction; (el Notifying, the agency, in writing, within 10 calendar days alter receivIng notiJ:e und~lr. sutipal'Gral!h (dl<2) from !In E!tTIPIo'lee or olhel'WlSe receIVIng actual-notice of ' such conVlo- tion. emplo~rs of convicted employee,s must provide notioe~ incl\!dinltposilion ~ to: Department of Justice, Office Or Justice Pr~rams, Ii. I I N: Contiol Desk. 633 Indiana Avenue. N.w., Wasti,"~n( D.C. 20531. Notice shall include the iden- tificallon numl:ier(sl of each affected grant; (1) Taki!l9 one of the fonewing actions, within 30 calendar days of receiving notice 4ndet su~~raph (d)(2), with respect to any emPloyee who IS so conviCtecl- (1) Taking appropriate Pl!rsoMel adion against such an employee, up to and including tennlnation-M consistent with the requirements of the RehabiUtaflOn Ad. of 191~, as amended; or (2) Requiring such employee to participate satisfadorily in a drug al)use assistance or rehabilitation pl'llgram approliecl fot such purposes by a Federal, State. or local tiealth. law enforce- ment, or other appropriate agency; (gl Making a good faith effort to continue to maintain a dr!l!l- ffee workplace through implementation of paragraphs (a), (ti), (c), (d), (e), and (f). " B. The grantee may insert in the space p'rovided below the site(s) for the performance of work done in connedion with the specific grarit: Place of Perfonnance (Street address, city, country. state, Zip code) . .~FF._..'" <...."~._~~_%-, TO 919513286088 P .'05/08 _: Check 0 if there are workplace on file that are not idenlifiecl 'here. Section 67, 630 of the regulations provides that a grantee that is a Slate may sled tornake one certification In eieh Federal tisc:al year. A COPY. of which should be included with each ap- pfieation for Deoaitment of Justice funding. States and Stale agencies may elect to use OJP Fonn 4061n. Check 0 if the State has eleded" to complete OJP Fonn 4061n. . , DRUG-FREE WORKPLACE . (GRANTEES WHO ARE INDIVIDUALS) As required by the Dru~Free ~ace AlA of 1988, and iml2lernented at 28 CFR "Part 67. Sul;Dart F, for gr:antees, as defined at 28 CFR Part 87; Sections 67.615 arid 67.620- A. As a condition of the gran~ I cert!fy thaJ I win not engage in the unlawful manufaetUre~ aistribution, dlSpllnsing, posses- sion, or use of a controlled substance In conCIlliOn any activity \'Vith the grant; and . B. If convinced of a criminal drug offense resulti,,; fror.n a violation occurring during the concfud of any grant activitY, I will report the conviction, in writing, within 10 caIencIar (!WS . of the conviction to: Department o"l Justice, Office of JustiCe Programs, Am: Control Desk, 833 Indiana Avenue, NW., 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: SAN BERNARDINO POLICE DEPARTMENT 710 N, D STREET SAN BERNARDINO, CALIFORNIA 92401 2. Application Number and/or Projed Name RIVERSIDE TASK FORCE 4. Typed Name and Tdle of Authorized Representative LT. MITCH 5. Signature /14&1 ! 3. 'Grantee IRSNendor Number 95-6002748 6. Date '1 {os