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HomeMy WebLinkAbout2008-362 . 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 RESOLUTION NO. 2008-362 RESOLUTION 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 (DEA) TASK FORCE. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. That the City Manager is hereby authorized to execute on behalf of the City 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, a copy of which is attached hereto, marked as Exhibit A, and incorporated herein by this reference. SECTION 2. The authorization to execute the above referenced Agreement IS rescinded ifit is not executed within sixty (60) days of the passage of this Resolution. III III III III III III III III I 1 I i 1 2 3 4 5 6 7 8 2008-362 RESOLUTION 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 (DEA) TASK FORCE. I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor joint and Common Council of the City of San Bernardino at a regular meeting thereof, held on the 15 th day of September , 2008, by the following vote, to wit: 9 Council Members NAYS ABSTAIN ABSENT AYES 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 x ESTRADA BAXTER x BRINKER ~ DERRY x KELLEY x JOHNSON x McCAMMACK x ~!.t. ~ Rac I G. Clark, City Clerk The foregoing Resolution is hereby approved this /ePi'lY day of September , 2008. k J. Morris, ayor f San Bernardino Approved as to Form: If "'. :- 2008-362 " STANDARD STATE AND LOCAL TASK FORCE AGREEMENT This agreement is made this 15th between the United States Department of Administration (hereinafter "DEA"), and Department (hereinafter "SBPD"). day of September ,20...Q,& 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 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 Forc~, 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 , .' 2008-362 continuing resolution thereof, provide necessary funds and equipment to support the activities of the DEA Special Agents and 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 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 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, (RUS) Federal employee (currently $16,328.75), 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 VII 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 I. 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. " 2008-362 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 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, 2009. 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 at of termination of this agreement. DEA will be responsible only r 0 ligations incurred by SBPD during the term of this agreement. ,"c",]? -Zth-cJ!f Ti thy J. Landr Special Agent in Charge Los Angeles Field Division ~~olice Department: Date: '1l1..)/O y '-l<;:.. APPROVED AS TO PORMa J... r. Pen.... CltJ At...., .".. ~ ..... :, ~ ~ .~- - ....~. 2008-362 U.S. DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PROGRAMS OFFICE OF THE COMPTROLLER CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MA TIERS; 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, "Government-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 1352 Title 31 of the U.S. Code, and implemented at 28 CFR Part 69, for persons entering into a grant or cooperative agreement over ~100,OOO, as de lined 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 Co[l9ress, an officer or employee of Congress, or an employee of a Member of Congress in con- nection 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; (b) If any funds other than Federal appropriated funds have been paiO 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 of Congress, or an employee of a Member of Congress in connection with this Federal grant or cooperative agreement, the undersigned shall complete and submit Standal'd Form - LlL, "Disclosure of Lobbying Activilies," in accordance with ns instructions; (c) The undersigned shall require that the language of this cer- flfication be inclUded in the award documents lor all subawards at all tiers (including subgrants. contracts under grants and cooperative agreements, and subcontracts) and that all sub- recipients shalT certify and disclose accordingly. 2. DEBARMEN.l. SUSPENSION, AND OTHER RESPONSIBILh, 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 67.51Q. A. The applicant certifies that it and its principalS: (a) Are not presently debarred, suspended, proposed for debar- mentli declared ineligibl~ sentenCed to a denial of Federal bene Its by a State or .-ederal court, or voluntarily excluded from covered transactions by any Federal department or agency: (b) Have not within a three-year period preceding this applica- flOn been convicted of or had a CIvil judgment rendered against them for commission of fraud or a criminal offense in connev 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 State antnrust statutes or commission of embezzlement theft forgery. bribery. falsification or destruction of recoids, making false statements, or receiving stolen property: (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commIssion of any of the offenses enumerated in paragraph (1)(b) oflhis certification; and (d) Have not within a three-year period preceding this applica- tion had one or more publiC transactions (Federai, State, or local) terminated for cause or default: and B. Where the applicant is unable to certify to any of the statements in thIS certification, he or she shall altach an explanation to this application. 3. DRUG.FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) As required by the Drug,Free Workplace Act of 1988, and implemented a1 28 CFR Part 67, Subpart F, for grantees" as defined at 28 CFR Part 67 Sections 67.015 and 67.020- 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, dispensing, po.ssession, or use of a controlled substance is prohibited 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-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 penalties that ma~ be imposed upon employees for drug abuse violations occurring in the workplace; (c) Making II 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 (a): (d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will- OJP FORM 4061/6 (3-91) REPLACES OJP FORMS 406112, 4062/3 AND 4061/4 WHICH ARE OBSOLETE. (1) Abide by the terms of the statement: and (2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; (e) Notifying the agency, in writing, within 10 calendar days after receiving nofice under subparagraph (d1l2) from an employee or otherwise receiving aCtual notice of such convic~ 1ion. Employers of convicted employees must provide notice including position ti~ to: Department of Justice, Office 01 Justice P~rams, A I I N: Control Desk, 633 Indiana Avenue, NW.. Was~lngton, D.C. 20531. Notice shall include the iden- tification numtJer(s} of each affected grant; (I) 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- (1) Taking appropriate personnel action. against such an employee, up to and inCluding termination. consistent w~h the requirements of the Rehabilitafion Act of 19,3. as amended: or (2) Requiring such empioyee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local ~ealth, law enforce- ment, or other appropriate agency: Ig) Making a good faith effort to continue to maintain a drug- ree workplace through implementation of paragraphs (a), (0). (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) 2008-362 Check 0 if there are workpiace 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 funding. States and State agencies may elect to use OJP Form 406117. Check 0 if the State has elected to complete OJP Form 406117. DRUG-FREE WORKPLACE (GRANTEES WHO ARE INDIVIDUALS) As required by the Drug-Free WOrkplace Act of 1 988, and implemented at 28 CFR Part 67, Subpart F, for grantees, as defined at 28 CFR Part 67: Sections 67.615 and 67.620- A. As a condition of the grant I certify that I will not engage in the unlawful manufacturel distribution, dispensing, posses- sion, or use . of a control ed substance in conchtion any activity with the grant; and B. If convinced of a criminal drug offense resulting from a violation occurring during the comfuct of any grant activity, I will report the conviction, in writing, within 10 calendar days of the conviction, to: Department OJ 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: SAN BERNARDINO POLICE DEPARTMENT 710 N. D STREET SAN BERNARDINO, CALIFORNIA 92401 2. Application Number and/or Project Name RIVERSIDE TASK FORCE 4. Typed Name and Tnle of Authorized Representative ~ 3. Grantee IRSNendOJ Number qlr(jd r- 6. I Date 5. Signature Lori Sasseen, Interim Acting City Manager APrR6";EB AS ro fORM. ~ '(', ,., ^ . James F. PenJll8ll, Clt, AttonleY B .'