HomeMy WebLinkAbout08.F- Police RESOLUTION(ID# 1975) DOC ID: 1975
CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION
Agreement/Contract
From: Eric Fyvie M/CC Meeting Date: 09/04/2012
Prepared by: Susanna Sandoval, (909) 384-
5742
Dept: Police Ward(s): All
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the
Execution of an Agreement with the United States Department of Justice for the San Bernardino
Police Department to Participate as a Member of the Drug Enforcement Administration (DEA)
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Task Force.
Financial Impact:
None
Motion: Adopt the Resolution.
Synopsis of Previous Council Action:
9-06-2011 Resolution No. 2011-254 authorizing participation in the DEA task force was
adopted.
7-19-2010 Resolution No. 2010-245 authorizing participation in the DEA task force was
adopted.
Backaround:
Several investigative drug task forces currently work in the Riverside District Office of the
United States Department of Justice, Drug Enforcement Administration. Chief Robert Handy
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. The Department will continue to provide one officer from the San Bernardino Police
Department Narcotics Unit to be assigned to a DEA task force to enhance drug enforcement
efforts in the San Bernardino area. The trafficking of narcotics and dangerous drugs, as well as
other associated illegal activity, 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.
Through the DEA task force, the San Bernardino Police Department will be partnering with
other agencies including:
• United States Department of Justice, Drug Enforcement Administration
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8.F
1975
• San Bernardino County Sheriff's Department
• Riverside County Sheriff's Department
• Ontario Police Department
• California Highway Patrol
Officer 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 in this task force provides the City of San Bernardino and the San
Bernardino Police Department an allocated share of assets seized in those investigations
participated in by the task force officer.
The San Bernardino Police Department has been successfully participating in this joint task force
since February 2005, under San Bernardino City Council Resolution 2005-51. There are no
language changes for the 2012/2013 Task Force Agreement. There are no additional positions.
The current position is already included in the proposed budget with the City paying base salary
and benefits and DEA funding overtime up to $17,202.25.
City Attorney Review:
Sunoortin¢Documents:
Resolution to DEA Agreement (PDF)
Exhibit "A"to DEA Agreement 7.31.12 (PDF)
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B.F.A
I RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT
3 WITH THE UNITED STATES DEPARTMENT OF JUSTICE FOR THE SAN
4 BERNARDINO POLICE DEPARTMENT TO PARTICIPATE AS A MEMBER OF
THE DRUG ENFORCEMENT ADMINISTRATION(DEA) TASK FORCE
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NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
6 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
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8 SECTION 1. The Mayor and Common Council of the City of San Bernardino
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9 hereby authorize and direct the City Manager to execute on behalf of the City an Agreement
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between the City of San Bernardino Police Department and the United States Department of ¢�
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Justice Drug Enforcement Administration authorizing the San Bernardino Police Department
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to participate as a member of a Drug Enforcement Administration task force operating in the
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14 inland Empire, a copy of which is attached hereto, marked as Exhibit A, and incorporated E
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15 herein by this reference as fully as though set forth at length. a
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16 SECTION 2. The authorization to execute the above referenced Agreement is o
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17 rescinded if it is not executed within ninety(90)days of the passage of this Resolution. S
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S.P.A
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT
2 WITH THE UNITED STATES DEPARTMENT OF JUSTICE FOR THE SAN
BERNARDINO POLICE DEPARTMENT TO PARTICIPATE AS A MEMBER OF
3 THE DRUG ENFORCEMENT ADMINISTRATION(DEA) TASK FORCE
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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 meeting
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8 thereof, held on the_day of ,2012,by the following vote,to wit:
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9 Council Members: AYES NAYS ABSTAIN ABSENT a
10 MARQUEZ a
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11 JENKINS
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VALDIVIA —
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14 SHORETT E
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15 KELLEY
16 JOHNSON w
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17 MCCAMMACK °
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20 Georgeann Hanna, City Clerk E
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21 The foregoing resolution is hereby approved this day of ,2012.
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23 Patnck J.Moms,Mayor
24 City of San Bernardino
25 Approved as toform:
JAMES F. PENMAN,
26 City Attorney
27 By: L
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8.F.B
STATE AND LOCAL TASK FORCE AGREEMENT
BETWEEN
THE DRUG ENFORCEMENT ADMINISTRATION
AND
THE SAN BERNARDINO POLICE DEPARTMENT
This agreement is made this day of 20_
between the United States Department of Justice, Drug Enforcement
Administration (hereinafter 'IDEA") , and San Bernardino Police
Department (hereinafter 'SBPD") . The DEA is authorized to enter into
this cooperative agreement concerning the use and abuse of controlled m
substances under the provisions of 21 U.S.C. § 873 . E
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WHEREAS there is evidence that trafficking in narcotics and dangerous O1
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drugs exists in the Riverside/San Bernardino County area and that such a
illegal activity has a substantial and detrimental effect on the o
health and general welfare of the people of Riverside/San Bernardino
County, the parties hereto agree to the following:
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1 . The Riverside Task Force will perform the activities and duties IN
described below:
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a. disrupt the illicit drug traffic in the Riverside/San m
Bernardino County area by immobilizing targeted violators and E
trafficking organizations;
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b. gather and report intelligence data relating to trafficking in R
narcotics and dangerous drugs; and m
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c. conduct undercover operations where appropriate and engage in
other traditional methods of investigation in order that the a
Task Force's activities will result in effective prosecution a
before the courts of the United States and the State of
California. w
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2. To accomplish the objectives of the Riverside Task Force, the SBPD E
agrees to detail one (1) experienced officer to the Riverside Task u
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 R
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 .
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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
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 d
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availability of funds, reimburse the SBPD for overtime payments made m
by it to one (1) officer assigned to the Riverside Task Force for a,
overtime, up to a sum equivalent to 25 percent of the salary of a GS- ¢
12, step 1, (RUS) Federal employee (currently $17,202 .25) , per w
officer. Note: Task Force Officer's overtime "shall not include any
costs for benefits, such as retirement, FICA, and other expenses. " ti
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7. In no event will the SBPD charge any indirect cost rate to DEA for N
the administration or implementation of this agreement.
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8. The SBPD shall maintain on a current basis complete and accurate r
records and accounts of all obligations and expenditures of funds E
under this agreement in accordance with generally accepted accounting m
principles and instructions provided by DEA to facilitate on-site a,
inspection and auditing of such records and accounts: ¢
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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 G
authorized agents and representatives, any and all records, documents, ..
accounts, invoices, receipts or expenditures relating to this t
agreement. The SBPD shall maintain all such reports and records until j
all audits and examinations are completed and resolved, or for a ••
period of three (3) years after termination of this agreement, E
whichever is sooner. _
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10. The SBPD shall comply with Title VI of the Civil Rights Act of Q
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.
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 effective from the date in
paragraph number one (1) until September 30, 2013 . This agreement may
be terminated by either party on thirty days- advance written notice.
Billings for all outstanding obligations must be received by DEA
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within 90 days of the date of termination of this agreement. DEA will m
be responsible only for obligations incurred by SBPD during the term rn
of this agreement . a
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For the Drug Enforcement Administration:
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Date: O
Briane M. Grey N
Acting Special Agent in Charge _
Los Angeles Field Division
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For the San Bernardino Police Department: P
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Date: ¢
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ATTACHMENTS: ¢
(1) . OSP Form 4061/6 (3-91) : Certifications Regarding Lobbying; s
Debarment, Suspensions and Other Responsibility Matters; and Drug Free w
Workplace Requirements
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(2) . Roster of Local, State, or Federal Agency Personnel Assigned to
the Riverside Task Force R
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8.F.B
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U.S. DEPARTMENT OF JUSTICE
OFFICE OF JUSTICE PROGRAMS
OFFICE OF THE COMPTROLLER
CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION AND
OTHER RESPONSIBILITY MATTERS; 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. E
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1. LOBBYING public (Federal, Slate, or local) transaction or contract under a W
As required b Section 1352 Title 31 of the U.S. Code, and public transaction; violation of Federal or Slate antitrust ..
Y statutes or commission of embezzlement theft forgery, N
implemented at 28 CFR Par♦ 69, for (persons enteringg into a bribery, falsification or destruction of records, making false n
grant or coopPerative agreement over $100,000, as defined at statements, or receiving stolen property; ar
28 CFR Part 69,the applicant certifies that
(c).Are not presently indicted for or otherwise criminally or
(a) No Federal appropriate funds have been paid or will be civil)y charged by a governmental entity (Federal. State, or
ppaid, by or on behalf of the undersigneq to any person for in- locaq with commission of any of the offenses enumerated in
9uencing or attempting to influence an 6 1 r or empbyee of paragraph(1)(b)of this certification;and to
any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in con- fd) Nave not within athree-year period preceding this applica-
necbon with the making of any Federal grant, the entering into tion had one or more public transactions (Federal, State, or y
of any coopa tive agreement, and extension, continuation, local)terminated for cause or default;and E
renewal, amendment, or modification of any Federal grant or
cooperative agreement; B. Where the applicant is unable to certify to anY of the
(b) If an funds other than Federal appropriated funds have statements in this certification, he or she shall attach an a
bb Y explanation to this application. a
een paid or well be paid to any person for Influencing c , a
tempting f influence as off is or employee of any, agency, a W
Member of Congress, an officer g employee a Congress, is ( DRUG-FREE WORKPLACE p
an employee of a Member of Congress In connection with this (GRANTEES OTHER THAN INDIVIDUALS)
F al grant or cooperative agreement, the undersigned shall $
complete and submit Standard Form - LLL, "Disclosure of As required by the Drug Free Workplace Act of 1988, and
Lobbying Activifies,"in accordance with its instructions; implemented at 28 CFR Part 67, Subpart F for grantees as a
((c) The undersigned shall require that the language of this cer• defined at 28 CFR Part 67 Sections 67.615 and 67.820-
fification be included in the award documents for all subawards A. The applicant certifies that it will or will continue to provide a
at all tiers (including subgrants, contracts under grants and a drug-free workplace by: K
cooperative agreements, and subcontracts) and that all sub- W
recipients she certify and disclose accordingly. (a) Publishing a statement notifying employees that the ..
unlawful manufacture, distribution, dispensing, possession, or
2. DEBARMENT SUSPENSION,AND OTHER use of a controlled substance is prohibited in the grantee's m
RESPONSIBILI711 MATTERS workplace and specifying the actions that will be taken against E
(DIRECT RECIPIENT) employees for violation oT such prohibition;
As required by Executive Order 12549 Debarment and
(b Establishing an on-going drug-free awareness program to :°•
inform employees about- Q
Suspension, and implemented r 28 CFR On 67, for fined c-
28 P R is Part 67, in primaryy covered transactions, as defined at (i) The dangers of drugs abuse in the workplace;
28 CFR Part 67,Section 67.510-
(2) The grantee's policy of maintaining a drug-free workplace;
A. The applicant certifies that it and its principals:
(a) Are not present),,debarred.suspended, proposed for debar- assistance programs andunseling, rehabilitation, and employee
ment declared ineligible sentenced to a denial of Federal
benefits by a State or dederal court, or voluntarily excluded (4) The penalties that may be imposed upon employees for
from covered transactions by any Federal department drug abuse violations occurring in the workplace;
or agency;
(b) Have not within a three-year period preceding this a lica- (c) Making it a requirement that each employee to be engaged
ton been convicted of or had a civil judgment rendered against
in ment required byte of the grant be given a copy of the stale-
them for commission of fraud or a criminal offense in conned-
bon with obtaining,attempting to obtain,or performing 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 4061/2,406213 AND 406114 WHICH ARE OBSOLETE.
Packstft..177 "
S.F.13 :.
(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 ency, in writing, within 10 calendar days
after receiving notice under subparagraph (d1(2) from an Check if there are workplace on file that are not identified
employee or otherwise receiving actual no ice of!such convic- here.
Lion, Employers of convicted employees must provide notice
including position title, lo: Department of Justice, Office o) Section 67, 630 of the regulations provides that a grantee that
Justice Programs, ATTN: Control Desk, 633 Indiana Avenue, is a State may elect to make one certification in each Federal
N.W., Washington D.C. 20531. Notice shall include the iden- fiscal year. A copy of which should be included with each ap-
tification number(sj of each affected grant; plication for Department of Justice funding. States and State
(f) Taking one of the following actions, within 30 calendar agencies may e Department
to use OJP Form 4061/7.
days of receiving notice under subparagraph (tl)(2), with Check I.�-', if the State has elected to complete OJP Form
respect to any employee who is so convicted- 406117.
(1) Taking appropriate personnel action against such an
employee, up Po and including termination consistent with the DRUG-FREE WORKPLACE
requirements of the Rehabilitation Act of 193,as amended;or (GRANTEES WHO ARE INDIVIDUALS)
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(2) Requiring such employee to,participate satisfactorily in a As required by the Drug-Free Workplace Act of 1988, and m
drug abuse assistance or rehabilitation program approved for lamented at 28 CFR Part 67, Subpart F, for grantees, as E
such purposes by a Federal.State, or local health, law enforce- de inetl at 28 CFR Part 67;Sections 67.615 and 67.820-
. ment,or other appropriate agency;
A. Asa condition of the grant,) certify that will not engage rn
fq) Making a good faith effort a continue p maintain a drugg- in the unlawful manufacture distribution, di in con posses- Q
free work lace through implementation of paragraphs (a), (b), activity or use of a controlled substance in condition any W
(c),(d),(e),and(f). activity with the grant;and o
B. The grantee may insert in the space provided below the B. If convinced of a criminal drug offense resulting from a
site(s) for the performance of work done in connection with violation occurring during the conduct of anyY grant activity. I
the specific grant will report the conviction, In writing, within 10 calendar days m
of the conviction, to: Department of Justice. Office of Justice
Place of Performance (Street address, city, country, state, zip Programs, ATTN: Control Desk, 633 Indiana Avenue, N.W.,
code) Washington, D.C. 20531.
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As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above certifications.
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1. Grantee Name and Address: o
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SAN 13ERNARDINO POLICE DEPARTMENT
710 N. D STREET Q
SAN BERNARDINO, CALIFORNIA 92401
2. Application Number and/or Project Name 3. Grantee IRSNendor Number x
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RIVERSIDE TASK FORCE t
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4. Typed Name and Title of Authorized Representative «
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Robert Handy, Chief
5. Signature 6. Date
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