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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Garrett W. Zinunon, Chief of Police
Subject: Resolution of the Mayor and
Conunon Council of the aty of San
Bernardino authorizing the Chief of Police to
execute a Memorandum of Agreement and an
overtime reimbursement agreement with the
Federal Bureau of Investigation for
participating in the Inland Empire Task Force
on Terrorism (IETF01).
Dept: Police Department
/ir'I"""'L
Date: September 17, 20cJwl t; i w' I j I d
Synopsis of Previous Council Action
None.
Recommended Motion:
1. Adoptresolution.
2. Authorize the Director of Finance to amend the FY 02/03 adopted budget and increase Police
Department overtime by $10,100 (001-218-5015) for overtime expenditures related to
participation in the FBI Inland Empire Task Force on Terrorism, and increase Police
Department revenues in a corresponding amount ($10,100, 001-000-4740) to reflect the
reimbursement from the FBI.
~.~IIA
MICHAEL BILLDT, ASSISTANT a-IIEF OF POLICE
Contact person:
Captain Jenifer Aragon
Phone: 384-5609
Supporting data attached: Yes Ward: All
FUNDING REQUIREMENTS: Amount: Net cost $0
Increase revenue #001-000-4740 - $10,100
Increase expenditure #001-218-5015 - $10,100
Council Notes: Finance
Q~c-:s.c).:th ~Cf::J;)-304 ~
Agenda Item No.) K
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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
Chief of Police to execute a Memorandum of Agreement and an overtime reimbursement
agreement with the Federal Bureau of Investigation for participating in the Inland Empire Task
Force on Terrorism (IETFOT).
BACKGROUND
In the past, the San Bernardino Police Department has enjoyed a close working relationship with
the local FBI office. However, after the events of September 11th, 2001, it became very evident
that having our Intelligence detective act as a liaison with the FBI was not sufficient for adequate
information exchange with that branch of the federal government. The development of the
IETFOT task force and our close participation in it affords the City of San Bernardino a higher
level of safety, security and joint response to events which may compromise the health and well
being of the citizens of our city.
This MOA establishes and delineates the mission and structure of the Inland Empire Task Force
on Terrorism (IETFOT) in addressing the complex problem of terrorism affecting the City of San
Bernardino and the County of San Bernardino, California. The IETFOT full time positions
consist of five FBI agents and one FBI supervisor, one Riverside Sheriff's Department
Investigator and one San Bernardino Sheriff's Department Investigator. Additionally, there are
point-of-contact investigators in numerous surrounding local agencies.
A San Bernardino Police Department detective is assigned to the IETFOT on an as-needed basis.
Day-to-day supervision for matters assigned to the IETFOT shall be the responsibility of the
designated FBI supervisory special agent in conjunction with the designated supervisory
personnel of the San Bernardino Police Department. Responsibility for the conduct of IETFOT
members shall remain with the respective agency heads.
Vehicles
The IETFOT agrees to provide the SBPD task force member with a vehicle. The FBI will pay
maintenance and operational costs; there will be no cost to the City. The purpose of the vehicle
is for surveillance, case management, and investigation in connection with any IETFOT
investigation.
Overtime
The FBI will reimburse the agency for overtime payments made to the officer assigned to the
IETFOT. Requests for reimbursement shall be made on a monthly basis and should be
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forwarded to the FBI headquarters as soon as practicable after the fIrst of the month which
follows the month for which reimbursement is requested, The FBI will only reimburse the
agency for overtime paid to the officer who works in support ofIETFOT in Federal Fiscal Year
2002 (October I, 2001 through September 30, 2002) up to a maximum annual amount of
$10,092 as set by the United States Congress, Additionally, reimbursement for anyone-month
period shall not exceed $841 for the officer,
The FBI is preparing the overtime reimbursement agreement for Federal FY 2003 (October I,
2002 through September 30, 2003), This agreement will be forwarded to the San Bernardino
Police Department upon its completion,
FINANCIAL IMPACT
The net impact on the City's general fund will be zero, Expenditures and revenues will be
increased by $10,100 in FY 02/03, All overtime costs associated with this agreement will be
100% reimbursement by the Federal Bureau of Investigation on a monthly basis,
RECOMMENDATION
I, Adopt resolution,
2, Authorize the Director of Finance to amend the FY 02/03 adopted budget and increase Police
Department overtime by $10,100 (001-218-5015) for overtime expenditures related to
participation in the FBI Inland Empire Task Force on Terrorism, and increase Police
Department revenues in a corresponding amount ($10,100, 001-000-4740) to reflect the
reimbursement from the FBI.
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RE~&t:v'flONNOlf
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE CHIEF OF POLICE TO EXECUTE A
MEMORANDUM OF AGREEMENT AND AN OVERTIME REIMBURSEMENT
AGREEMENT WITH THE FEDERAL BUREAU OF INVESTIGATION FOR
PARTICIPATING IN THE INLAND EMPIRE TASK FORCE ON TERRORISM
(IETFOT).
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1:
That the Mayor and Common Council of the City of San
Bernardino authorize the Chief of Police to execute a Memorandum of Agreement and
overtime reimbursement between the City of San Bernardino and the Federal Bureau of
Investigation to reimburse the Police Department for overtime expenditures associated with
participation in the Inland Empire Task Force on Terrorism.
SECTION 2:
That the Mayor and Common Council of the City of San
C 15 Bernardino authorize the Chief of Police to renew the overtime reimbursement agreement
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annually during the course of the Police Departmenfs participation in the Inland Empire Task
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Force on Terrorism.
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SECTION 3:
The authorization to execute the above referenced agreement is
rescinded if it is not signed by both parties with one hundred-twenty (120) 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 CIDEF OF POLICE TO EXECUTE A
MEMORANDUM OF AGREEMENT AND AN OVERTIME REIMBURSEMENT
AGREEMENT WITH THE FEDERAL BUREAU OF INVESTIGATION FOR
PARTICIPATING IN THE INLAND EMPIRE TASK FORCE ON TERRORISM
(IETFOT).
6 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
7 Common Council of the City of San Bernardino at a
meeting thereof, held on
8 the_day of
9
, 2002, by the following vote, to ""it:
10 Council Members
Navs
Abstain
Absent
Aves
11 ESTRADA
12 LIEN
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McGINNIS
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DERRY
SUAREZ
ANDERSON
McCAMMACK
City Clerk
The foregoing resolution is hereby approved this _ day of
,2002.
Judith Valles, Mayor
City of San Bernardino
Approved as to form and legal content:
26 James F. Penman, City Attorney
27 BY: Ih~ "1-fc?~
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AUG-12-2002 17:10
909 2486560 P.02/11
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REIMBURSEMENT AGREEMENT
BETWEEN THE FEDERAL BUREAU OF INVESTIGATION
AND
SAN BERNARDINO POLICE DEPARTMENT
Pursuant to Fiscal Year 2002 appropriations as authorized by
Congress, overtime to police officers assigned to this task
force, for expenses necessary for detection, investigation, and
prosecution of crimes against the United States is authorized
subject to the limits set forth in the budget for this task force
as approved by the Counterterrorism Division, FBI and subject to
specific provisions and conditions as set forth in this
Reimbursement Agreement. Therefore, it is hereby agreed between
the Federal Bureau of Investigation (FBI) and the San Bernardino
Police Department (SBSD) (hereinafter referred to as "agency")
that:
1. The FBI will reimburse the agency for overtime payments
made to officers assigned full time to the Inland Empire Task
Force on Terrorism (IETFOT). The agency will have one (1) full
time detective assigned to the IETFOT and the number of agency
officer's entitled to reimbursement in Fiscal Year 2002 shall not
exceed one (1).
2. Requests for reimbursement shall be made on a monthly
basis and should be forwarded to FBI Headquarters as soon as
practicable after the first of the month which follows the month
for which reimbursement is requested. Such requests should be
forwarded by the appropriate agency supervisor(s) to the FBI Task
Force Squad Supervisor and Assistant Director in Charge for their
review, approval, and submission.
3. Overtime payments shall be made payable to and mailed
directly to the agency by the FBI.
4. Overtime reimbursement will be calculated at the usual
rate for which the individual officers time would be compensated
in the absence of this agreement. However, the FBI will only
reimburse the agency for overtime paid to the Officer who works
full time in support of IETrOT in Fiscal Year 2002 (October 1,
2001 to September 30, 2002) up to a total amount of $10,091.76
per officer per year. Additionally, reimbursement for anyone
month period shall not exceed $840.98 per Officer.
5. Each request for consideration shall include the name,
rank, identification number, overtime compensation rate, number
of reimbursable hours claimed and the dates of those hours for
each officer for whom reimbursement is sought. Each
reimbursement request must be accompanied by a certificate signed
by an appropriate supervisor of the submitting department that
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909 2486560 P.03/11
the request has been personally reviewed, that the information
described in this paragraph is accurate, and the personnel for
whom reimbursement is claimed were assigned full time to IETFOT
cases.
6. This agreement may be modified at any time by written
consent of the parties. This agreement may be terminated at any
time by either party and shall not extend beyond September 30,
2 002 . PETER S. BOBINSKI
~~ONTR NG OFFICER
~ ~ :' . BUREAU OF INVESTIGATlO
:_~,'"d. . Date: e/j"6C
Office of the Chief
Contracting Officer, FBI
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By;
Date:
Ronald I. Iden
Assistant Director in Charge
Federal Bureau of Investigation
Los Angeles, California
By;
Date:
Chief Garrett W. Zimmon
San Bernardino Police Department
San Bernardino, California
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LOS ANGELES - RIVERSIDE RESIDENT ,a,r:J::NCY
INLAND EMPIRE TASK FORCE ON TERRORISM
MEMORANDUM OF AGREEMENT
PREAMBLE
This Memorandum of Agreement (MOAl is entered into by the
Federal Bureau of Investigation (FBI) and the San Bernardino
Police Department (SBPD) and outlines a cooperative effort to
combat terrorism.
ARTICLE ONE:
PUrPose of MOA
This MOA establishes and delineates the mission and
structure of the Inland Empire Task Force on Terrorism (IETrOT)
in addressing the complex problem of terrorism affecting The City
of San Bernardino and the county of San Bernardino, california.
The purpose of this MOA is to set out a common understanding
of the pOlicies and procedures the SBPD and the FBI will follow
in providing law enforcement service to the citizens of the
County of San Bernardino and the United States of America.
ARTICLE TWO:
MISSION OF THE IETFOT
The IETFOT will investigate terrorist organizations-planning
or carrying out terrorist acts occurring in or affecting the
County of San Bernardino and will apprehend individuals
committing such violations. The organizations to be investigated
will be specifically identified and agreed upon beforehand by
IETFOT member agencies. All parties agree to abide by the
Attorney General's Guidelines on General Crimes, Racketeering
Enterprise and Domestic Security/Terrorism Investigations (AG
Guidelines) and the Attorney General Guidelines for FBI Foreign
Intelligence Collection and Foreign Counterintelligence
Investigations as they pertain to International Terrorism
matters. In addition, it is understood that personnel of the
SBPD shall be required to utilize only those investigative
techniques consistent with their given standards and procedures.
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909 2486560 P.05/11
ARTICLE THREE:
ORGANIZATIONAL STRUCTURE AND MANAGEMENT OF THE TASK FORCE
A. MEMl'l~RS
The IETFOT shall consist of a combined body of investigators
from each participating agency.
B. IDENTIFICATION OF OBJECTIVES
The Assistant Director in Charge (ADIC) of the FBI and the
Police Chief of the San Bernardino Police Department, or their
designees, shall identify, agree upon, and articulate specific
organizations and investigative Objectives or matters assigned to
the IETFOT.
C. DIRECTION OF IETFOT AND RESOURCE CONTROL
Responsibility for the overall policy and direction of the
IETFOT shall rest with an Assistant Special Agent in Charge
(ASAC) of the FBI, who will closely coordinate with the Chief of
Police of the SBPD or their designees, on matters of mutual
concern relating to such policy and direction, thus ensuring the
absence of conflict.
Specific control over their IETFOT resources and the
continued dedication of these resources to the IETFOT shall be
retained by the participating agency heads, who will be kept
fully apprized of all investigative developments by their
respective subordinates.
D. SUPERVISION OF IETFOT
Day-to-day supervision for matters assigned to the IETFOT
shall be the responsibility of the designated FBI Supervisory
Special Agent (SSA) in conjunction with the designated
supervisory personnel of the San Bernardino Police Department.
Responsibility for the conduct of the IETFOT members shall remain
with the respective agency heads. All IETFOT personnel will keep
their respective superiors completely informed of pertinent
developments.
E. PHYSICAL LOCATION AND SUPPORT
Subject to availability, thQ FBI will provide office space
for all TETFOT members and support staff. In addition, the FBI
will provide all necessary secretarial, clerical, automatlon and
technical support for the IETFOT.
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909 2486560 P.06/11
F. COMMITMENT OF PERSONNEL
The FBI will assign an SSA (ll and six (6) Special Agents.
SBPD will assign one (ll Detective from the SBPD Intelligence
Unit.
All members of the IETFOT will be assigned full-time to the
IETFOT. Continued assignment of members will be made at the
discretion of their respective agencies consistent with FBI and
SBPD guidelines.
ARTICLE FOUR:
VEHICLES
The IETFOT agrees to provide the SBPD task force member
with a vehicle. The purpose of these vehicles is for
surveillance, case management and investigation in connection
with any IETFOT investigation. The vehicle provided by the FBI
can be used for official use only in connection with matters
investigated by the IETFOT.
In furtherance of the mission of the IETFOT and in
compliance with existing FBI policy for operation of U.S.
Government vehicles, the FBI hereby agrees and authorizes members
of the SBPD participating in the IETFOT to operate vehicles owned
or leased by the FBI.
The SBPD agrees to be responsible for tortious acts or
omissions on the part of the SBPD or their employees, and
for any liability resulting from use of FBI owned or leased
vehicles utilized by the SBPD Task Force member, and for any
damage to said vehicles as a result of any action or omission on
the part of the SBPD or their employees.
ARTICLE FIVE:
RECORDS AND REPORTS
All IETFOT investigative records will be maintained at the
Riverside Resident Agency office of the FBI. Investigative
reports will be prepared on FBI forms. Decisions for placement
of all or part of said investigative records into SBPD files or
data bases shall rest with supervisory personnel of the FBI and
the SBPD in compliance with applicable standards and procedures
governing the respective parties. Classified information shall
not be placed in SBPD .files.
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ARTICLE SIX:
SECURITY CT~~CE/DEPUTATION
Due to various United states, Department of Justice and FBI
regulations and laws regarding classified information,
prospective members of the IETrOT who do not possess Top Secret
clearances previously granted by the FBI/DOJ will be subjected to
full background investigation(s) with assignment contingent upon
receipt of appropriate security clearances(s). All non-FBI
personnel will be sworn in as Special Deputy United states
Marshals. Security clearances will be granted for any applicable
and relevant SBPD managers or Supervisors up to, and including,
the Chief of Police. Investigative restrictions imposed by the
SBPD shall not be voided by deputation of their respective
personnel. All members of the IETFOT shall agree not to disclose
any classified or sensitive information to non IETFOT members
without the express permission of the FBI and shall agree to
execute any applicable nondisclosure agreements, as may be
necessary or required by the FBI.
ARTICLE SEVEN:
INVESTIGATIVE EXCLUSIVITY
It is agreed that matters designated to be handled by the
IETFOT will not knowingly be subject to non-IETFOT law
enforcement efforts. Recognizing the amount of specialized
entities within each member agency, it is incUmbent upon each
agency to make proper internal notification regarding IETFOT
existence, including its areas of concern. All information
developed by the individual member agency, in the course of
investigations prior to the IETFOT, will be referred to the
IETFOT for review and coordination, with approval of the command
staff of each member agency. The non-specialized entities of
each member agency handle a myriad of different law violations;
therefore, IETFOT members should make an effort to keep abreast
of law enforcement developments within their respective agencies,
to ensure information involving IETFOT members is referred to the
IETFOT.
It is also agreed there shall be no unilateral action taken
on the part of any participating agency relating to IETFOT
investigations. All law enforcement actions will be coordinated
and cooperatively carried out.
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ARTICLE EIGHT:
SALARY/COMPENSATION
Salaries of IETFOT members will be paid by their respective
agencies. Overtime incurred in the performance of IETFOT
responsibilities, when allowable under federal law and to the
extent that federal funding is available for such purposes, will
be reimbursed by the FBI so long as a separate overtime agreement
is executed between the parties. Otherwise, overtime shall be
compensated in accordance with applicable SBPD overtime
provisions and shall be subject to the prior approval of
appropriate personnel.
The FBI shall report to the SBPD supervisor all payments
made to non-FBI IETFOT members including but not limited to
overtime.
ARTICLE NINE:
PROSECUTION
IETFOT investigations will conform to the requirements of
federal prosecution rules and regulations and will generally be
prosecuted in federal courts. It is recognized, however, that
specific circumstances may, on a case-by-case basis, indicate
that prosecution should be in a state court. The criteria for
making such decisions will focus upon achieving the greatest
overall benefit to law enforcement and the public, and effecting
the greatest impact on terrorism.
ARTICLE TEN:
INFORMANTS/EXPENSES
The IETFOT will abide by the Attorney General's Guidelines
on the Use of Informants and Confidential Sources. To the extent
that SBPD standards and procedures impose any greater
restrictions upon the use of their informants and cooperating
witnesses, such personnel shall be bound by those restrictions.
Subject to appropriate FBI approvals, the FBI agrees to pay any
reasonable and necessary expenses incurred by the IETFOT. The
SBPD agrees that prior to incurring such expenses, it will
consult with the FBI's designated representative to ensure
anticipated expenses will be in furtherance of IETFOT goals and
objectives.
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ARTICLE ELEVEN:
FORFEITURE
Any forfeiture realized as a result of cases worked by the
IETFOT will be handled in accordance with applicable federal law
and FBI guidelines. FBI guidelines will govern the sharing of
seized and/or forfeited assets.
ARTICLE TWELVE:
MEDIA
No members of the IETFOT will discuss or otherwise reveal
information relating to IETFOT investigations, or other FBI
related investigations known to them, to any media
representatives. All media releases on IETFOT matters will be
mutually agreed upon and coordinated jointly.
ARTICLE THIRTEEN:
LIABILI'l'Y
Unless specifically addressed by the terms of this MOU, the
parties agree to be responsible for the negligent or wrongful
acts or omissions of their respective employees. Legal
representations by the United states is determined by the
Department of Justice (DOJ) on a case-by-case basis. The FBI
cannot guarantee the United states will provide legal
representation to any Federal or state law enforcement officer or
employee.
Congress has provided that the exclusive remedy for the
negligent or wrongful act or omission of an employee of the
United states government, acting within the scope of his/her
employment, shall be an action against the United states under
the Federal Tort Claims Act (FTCA), 28 U.S.C. Section 1346(b),
and Sections 2671 - 2680.
For the limited purpose of defending claims arlslng out of
IETFOT activity, state officers who have been specifically
deputized and who are acting within the course and scope of their
official duties and assignments pursuant to this MOU, may be
considered an "employee" of the United States government as
defined in 28 U.S.C. Section 2671. ~ 5 U.S.C. Section
3374 (c) (2) .
Under the Federal Employees Liability Reform and Tort
Compensation, Act of 1998 (commonly known as the Westfall Act),
28 U.S.C., Section 2679(b) (1), the Attorney General or hiS/her
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designee may certify that an individual defendant acted within
the scope of his employment at the time of the incident giving
rise to the suit. id., 28 U.S.C. Section 2679(d) (2). The United
States can then be substituted for the employee as the sole
defendant with respect to any tort claims. 28 U.S.C. Section
2679(d) (2). If the United States is substituted as defendant,
the individual employee is thereby protected from suits in his
official capacity.
If the Attorney General declines to certify that an employee
was acting within the scope of employment, "the employee may at
any time before trial petition the court to find and certify that
the employee was acting within the scope of his office or
employment." 28 U.S.C. Section 2679(d) (3).
Liability for any negligent or willful acts of IETFOT
members, undertaken outside the terms of this MOU will be the
sole responsibility of the respective employee and agency
involved.
Liability for violations of federal constitutional law rests
with the individual federal agent or officer pursuant to Bivens
v. Six Unknown Named Aaents of the Federal Bureau of Narcotics.
403 U.S. 388 (1971) or pursuant to 42 U.S.C. Section 1983 for
state officers or cross-deputized federal officers.
Both state and federal officers enjoy qualified immunity from
suit for constitutional torts, "insofar as their conduct does not
violate clearly established statutory or constitutional rights of
which a reasonable person would have known." Harlow v.
Fitzaerald. 457 U.S. 800 (1982).
IETFOT officers may request representation by the U. S.
Department of Justice for civil suits against them in their
individual capacities for actions taken within the scope of
employment. 28 C.F.R. Sections 50.15, 50.16.
An employee may be provided representation "when the actions
for which representation is requested reasonably appear to have
been performed within the scope of the employee's employment and
the Attorney General, or his/her designee, determines that
providing representation would otherwise be in the interest of
the United States." 28 C.F.R. Section 50.IS(a).
A IETFOT officer's written re~~est for representation should
be directed to the Attorney General and provided to the Chief
Division Counsel (CDC) of the FBI division coordinating the task
force. The CDC will then forward the representation request to
the FBI's office of General Counsel (OGC) together with a
letterhead memorandum concerning the- factual basis for the
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lawsuit. FBI/OGC will then forward the request to the Civil
Division of DOJ together with an agency recommendation concerning
scope of employment and Department representation. 28 C.F.R.
Section 50.15 (al (3).
If an IETFOT Officer is found to be liable for a
constitutional tort, he/she may request indemnification from DOJ
to satisfy an adverse judgement rendered against the employee in
his/her individual capacity. 28 C.F.R. Section 50.15 (cl (4).
The criteria for payment are substantially similar to those used
to determine whether a federal employee is entitled to DOJ
representation under 28 C.F.R. Section SO.lS(a).
ARTICLE FOURTEEN:
DURATION OF THE TASK FORCE
The IETFOT will continue for an indefinite period but
participation may be terminated at any time upon the written
notice of either party to this Memorandum of Agreement.
SIGNATORIES:
RONALD I. IDEN
ASSISTANT DIRECTOR IN CHARGE
Federal Bureau of Investigation
Los Angeles, California
GARRETT W. ZIMMON
CHIEF OF POLICE
San Bernardino Police Department
San Bernardino, California
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Office of the Chief Contracting
Federal Bureau of Investigation
Washington, D.C.
PETER 5. BOBINSIQ
~ONTR~CTING omCER
TDE~:'.~ BUREAU OF INVESTlGATlON
Officer
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CIlY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Garrett W. Zinunon, Chief of Police
Subject: Resolution of the Mayor and
Conunon Council San Bernardino authorizing
. the Chief of Police to execute a Memorandum
of Agreement and an overtime reimbursement
agreement with the Federal Bureau of
Investigation for participating in the Inland
Empire Task Force on Terrorism (IETFOT).
Dept: Police Department
Date: September 17, 2002
Synopsis of Previous Council Action
None.
Recommended Motion:
1. Adopt resolution.
2. Authorize the Director of Finance to amend the FY 02/03 adopted budget and increase Police
Department overtime by $10,100 (001-218-5015) for overtime expenditures related to
participation in the FBI Inland Empire Task Force on Terrorism, and increase Police
Department revenues in a corresponding amount ($10,100, 001-000-4740) to reflect the
reimbursement from the FBI.
MICHAEL BILLDT, ASSISTANT a-nEF OF POLICE
Contact person:
Captain Jenifer Aragon
Phone: 384-5609
Supporting data attached: Yes Ward: All
FUNDING REQUIREMENTS: Amount: Net cost $0
Increase revenue #001-000-4740 - $10,100
Increase expenditure #001-218-5015 - $10,100
Council Notes: Finance
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
Chief of Police to execute a Memorandum of Agreement and an overtime reimbursement
agreement with the Federal Bureau of Investigation for participating in the Inland Empire Task
Force on Terrorism (IETFOT).
BACKGROUND
In the past, the San Bernardino Police Department has enjoyed a close working relationship with
the local FBI office. However, after the events of September 11th, 2001, it became very evident
that having our Intelligence detective act as a liaison with the FBI was not sufficient for adequate
information exchange with that branch of the federal government. The development of the
IETFOT task force and our close participation in it affords the City of San Bernardino a higher
level of safety, security and joint response to events which may compromise the health and well
being of the citizens of our city.
This MOA establishes and delineates the mission and .structure of the Inland Empire Task Force
on Terrorism (IETFOT) in addressing the complex problem of terrorism affecting the City of San
Bernardino and the County of San Bernardino, California. The IETFOT full time positions
consist of five FBI agents and one FBI supervisor, one Riverside Sheriffs Department
Investigator and one San Bernardino Sheriffs Department Investigator. Additionally, there are
point-of-contact investigators in numerous surrounding local agencies.
A San Bernardino Police Department detective is assigned to the IETFOT on an as-needed basis.
Day-to-day supervision for matters assigned to the IETFOT shall be the responsibility of the
designated FBI supervisory special agent in conjunction with the designated supervisory
personnel of the San Bernardino Police Department. Responsibility for the conduct of IETFOT
members shall remain with the respective agency heads.
Vehicles
The IETFOT agrees to provide the SBPD task force member with a vehicle. The FBI will pay
maintenance and operational costs; there will be no cost to the City. The purpose of the vehicle
is for surveillance, case management, and investigation in connection with any IETFOT
investigation.
Overtime
The FBI will reimburse the agency for overtime payments made to the officer assigned to the
IETFOT. Requests for reimbursement shall be made on a monthly basis and should be
c
c
c
forwarded to the FBI headquarters as soon as practicable after the fIrst of the month which
follows the month for which reimbursement is requested. The FBI will only reimburse the
agency for overtime paid to the offIcer who works in support ofIETFOT in Federal Fiscal Year
2002 (October I, 2001 through September 30, 2002) up to a maximum annual amount of
$10,092 as set by the United States Congress. Additionally, reimbursement for anyone-month
period shall not exceed $841 for the offIcer.
The FBI is preparing the overtime reimbursement agreement for Federal FY 2003 (October I,
2002 through September 30, 2003). This agreement will be forwarded to the San Bernardino
Police Department upon its completion.
FINANCIAL IMP ACT
The net impact on the City's general fund will be zero. Expenditures and revenues will be
increased by $10,100 in FY 02/03. All overtime costs associated with this agreement will be
100% reimbursement by the Federal Bureau of Investigation on a monthly basis.
RECOMMENDATION
I. Adopt resolution.
2. Authorize the Director of Finance to amend the FY 02/03 adopted budget and increase Police
Department overtime by $10,100 (001-218-5015) for overtime expenditures related to
participation in the FBI Inland Empire Task Force on Terrorism, and increase Police
Department revenues in a corresponding amount ($10,100, 001-000-4740) to reflect the
reimbursement from the FBI.
CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
September 30, 2002
TO:
Michael Billdt, Assistant Chief of Police
FROM:
Michelle Taylor, Senior Secretary
RE:
Transmitting Documents for Signature - Resolution 2002-304
At the Mayor and Common Council meeting of September 23, 2002, the City of San Bernardino
adopted Resolution 2002-304 - Resolution authorizing the Chief of Police to execute a
Memorandum of Agreement and an overtime reimbursement agreement with the Federal Bureau
of Investigation for participating in the Inland Empire Task Force on Terrorism (IETFOT).
Please obtain signatures in the appropriate location and return the original agreement to the City
Clerk's Office as soon as possible, to my attention.
Please be advised that the resolution and agreement will be nuD and void if not executed
within 120 days, or by January 21, 2003.
If you have any questions, please do not hesitate to contact me at ext. 3206. Thank you.
Michelle Taylor
Senior Secretary
Date:
Please sign and return
CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
December 26, 2002
TO:
Veronica Martinez, Senior Secretary
FROM:
Michelle Taylor, Senior Secretary
RE:
Resolution 2002-304 - Agreement with Federal Bureau of Investigation
CC:
Attached is a fully executed copy of the Reimbursement Agreement and Memorandum of
Agreement with the Federal Bureau of Investigation for participating in the Inland Empire Task
Force on Terrorism (IETFOT).
If you have any questions, please call me at ext. 3206.
. ,.
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): Q--Z3-C). Item #
Vote: Ayes'- II Nays-.(::7-
Change to motion to amend original documents:-
I~
Resolution # '2.. CD 2 - :?01
Abstain.-f::T Absent .-e,.
Reso. # On Attachments: -=--- Contract term:
Note on Resolution of Attachment stored separately: -==-
Direct City Clerk to (circle 1): PUBLISH, POST, RECORD W/COUNTY
Date Sent to Mayor: <-1- Z4-0'L
Date of Mayor's Signature: q -;)5 -O?-
Date ofClerk/CDC Signature: C( -d(;,-o~
Date Memo/Letter Sent for Signature: q - 3(:)-0.;;)-
60 Day Reminder Letter Sent on 30th day:
90 Day Reminder Letter Sent on 45th day:
NulINoid After: rz.o P...., ~ / ,-2 \ -03
I
By: -
Reso. Log Updated: ~
Seal Impressed: v"
See Attached: .-L Date Returned:
See Attached:
See Attached:
Request for Council Action & Staff Report Attached:
Updated Prior Resolutions (Other Than Below):
Updated CITY Personnel Folders (6413, 6429, 6433,10584,10585,12634):
Updated CDC Personnel Folders (5557):
Updated Traffic Folders (3985, 8234, 655, 92-389):
Copies Distributed to:
City Attorney ,/
Parks & Rec.
Code Compliance
Dev. Services
Police ,/
Public Services
Water
Notes:
Yes ./ No By '\
Yes No II'" By
Yes No t/ By
Yes No / By
Yes No/ B
EDA
Finance ~
MIS
Others:
BEFORE FILING, REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE
YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term, etc.)
Ready to File: 1'11L-
Date: I.) b foJ () ::l.
f ,
Revised 01/12/01