HomeMy WebLinkAbout2012-246 1 RESOLUTION NO. 2012-246
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT
3 BETWEEN THE UNITED STATES DEPARTMENT OF JUSTICE, DRUG
4 ENFORCMENT ADMINISTRATION, AND THE SAN BERNARDINO POLICE
DEPARTMENT TO PARTICIPATE IN THE LOS ANGELES HIGH INTENSITY
5 DRUG TRAFFICKING AREA (HIDTA) TASK FORCE
6 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
7 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. The Mayor and Common Council of the City of San Bernardino
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hereby authorize the Chief of Police to execute on behalf of said City an Agreement between
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11 the City of San Bernardino Police Department and the United States Department of Justice,
12 Drug Enforcement Administration, authorizing the San Bernardino Police Department to
13 participate in the Los Angeles High Intensity Drug Trafficking Area (HIDTA) Task Force, a
14 copy of which is attached hereto marked Exhibit A and incorporated herein by reference as
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fully as though set forth at length.
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17 SECTION 2. The authorization to execute the above referenced Agreement is
18 rescinded if it is not executed within ninety (90) days of the passage of this Resolution.
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2012-246
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT
2 BETWEEN THE UNITED STATES DEPARTMENT OF JUSTICE, DRUG
ENFORCMENT ADMINISTRATION, AND THE SAN BERNARDINO POLICE
3 DEPARTMENT TO PARTICIPATE IN THE LOS ANGELES HIGH INTENSITY
4 DRUG TRAFFICKING AREA (HIDTA) TASK FORCE
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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 joint regular meeting
8 thereof, held on the 1 ,t day of nrtober , 2012, by the following vote, to wit:
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Council Members: AYES NAYS ABSTAIN ABSENT
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11 MARQUEZ x
12 JENKINS x
13 VALDIVIA x
14 SHORETT
X
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KELLEY x
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17 JOHNSON x
18 MCCAMMACK X
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20 Georg 'ann Ha y_ity Clerk
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The foregoing Resolution is hereby approved this �- day of October , 2012.
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Patri J. Morris, c_
f San Bernardino
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Approved as to form:
26 JAMES F. PENMAN,
27 City Attorney
28 By: gt-vv‘A._,
STATE AND LOCAL HIDTA TASK FORCE AGREEMENT
BETWEEN
THE DRUG ENFORCEMENT ADMINISTRATION
AND
THE SAN BERNARDINO POLICE DEPARTMENT
This agreement is made this 1 S` day of October 2012, between the United States
Department of Justice, Drug Enforcement Administration (hereinafter "DEA"),
and the San Bernardino Police Department (hereinafter "SBPD"). The DEA is
authorized to enter into this cooperative agreement concerning the use and abuse of
controlled substances under the provisions of 21 U.S.C. § 873.
Whereas, there is evidence that trafficking in narcotics and dangerous drugs exists
in the Los Angeles High Intensity Drug Trafficking Area (Los Angeles, Orange,
Riverside, and San Bernardino Counties), and that such illegal activity has a
substantial and detrimental effect on the health and general welfare of the people of
the County of San Bernardino, the parties hereto agree to the following:
1. The Southern California Drug Task Force (hereinafter "SCDTF"), a Los
Angeles High Intensity Drug Trafficking Area (hereinafter "LA-HIDTA") will
perform the activities and duties described below:
a. disrupt the illicit drug traffic in the LA-HIDTA by
immobilizing targeted violators and trafficking organizations;
EXHIBIT "A"
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 SCDTF, the SBPD agrees to detail one(I)
experienced officer to the SCDTF for the period of not less than two years. During this period of
assignment, the SBPD officer will be under the direct supervision and control of DEA
supervisory personnel assigned to the task force.
3. The SBPD 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 SBPD officer assigned to the SCDTF shall be deputized as a task force officer of
DEA pursuant to 21 U.S.C. §878.
5. To accomplish the objectives of the SCDTF, DEA will assign Special Agents to the Task
Force. HIDTA 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 the SBPD officer assigned to the SCDTF. This support will
include: office space, office supplies, travel funds, funds for the purchase of evidence and
information, investigative equipment, training, funds for overtime costs described below, and
other support items, as approved by the Special Agent in Charge of the Los Angeles Field
Division of DEA.
6. During the period of assignment to the SCDTF, the SBPD will remain responsible for
establishing the salary and benefits, including overtime, of the SBPD officer assigned to the task
force and for making all payments due them. HIDTA will, subject to the availability of funds,
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1811-12, step 1 (RUS), federal employee, currently $17,202.25. Note: Task Force Officer's
overtime "Shall not include any costs for benefits,such as retirement, FICA and other
expenses."
7. In no event will the SBPD charge any indirect cost rate to DEA for 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 Controller 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
Rehabilitations 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 that law, 28 C.F.R. Part 42, Subparts C, F, G, H, and I.
I I. 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
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12. When issuing statements, press releases, bid solicitations, and other documents describing
projects or programs funded in whole or part with federal money, the SBPD shall clearly state:
(1)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 SBPD agrees to provide a vehicle for the officer assigned to HIDTA to conduct
investigations and respond to emergency callouts. The SBPD procedure for reporting and
investigating automobile accidents involving SBPD vehicles shall apply. HIDTA,through DEA,
will furnish mobile radio for installation in the vehicle and assume the cost of installation and
removal. HIDTA will be financially responsible for the purchase of fuel.
14. The HIDTA Executive Committee acknowledges that the United States is liable for the
actions of task force officers, while on duty and acting within the scope of their federal
employment, to the extent permitted by the Federal Torts Claim Act.
15. The term of this agreement shall be effective from October I, 2012 until September 30,
2013. This agreement may be terminated by either party on thirty 30 days advance written
notice. Billings for all outstanding obligations must be received by DEA within ninety 90 days
of the date of termination of this agreement. HIDTA will be responsible only for obligations
incurred by the SBPD during the term of this agreement.
For the Drug Enforcement Administration:
_ __ '`a—�k • Date: 9 (2es 2_6 t 2..
Jon S. Goldbbrg
Acting Special Agent in Charge
Los Angeles Field Division
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Date: 9 - /3- /Z
Robert Handy
Chief of Police
Attachments:
(1). OJP Forms 4061/6 (3-91): Certifications Regarding Lobbying: Debarment, Suspensions
and Other Responsibility Matters; and Drug Free Workplace Requirements
(2). Roster of Local, State,or Federal Agency Personnel Assigned to the SCDTF Task Force.
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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.
1. LOBBYING public (Federal, Stale, or local) transaction or contract under a
As required by Section 1352, Title 31 of the U.S. Code, and
public estraor�commissiontroof embezzlement, State
hen forgery
implemented at 28 CFR Part 69, for persons entering into a bribery, falsification or destruction of records, making false
grant or cooperative agreement over 5100,000, as defined at statements,or receiving stolen property:
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 civilly charged by a governmental entity (Federal, State, or
paid, by or on behalf of the undersigned, to any person for in- local) with commission of any of the offenses enumerated in
fuenang or attempting to influence an officer or employee of paragraph(1)(b)of this certification;and
any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in con- (d) Have not within a three-year period preceding this applica-
nectron with the making of any Federal grant, the entering into tion had one or more public transactions (Federal, State, or
of any cooperative agreement, and extension, continuation, local)terminated for cause or default;and
renewal, amendment, or modification of any Federal grant or
cooperative agreement; 8. Where the applicant is unable to certify to any of the
statements in this certification, he or she shall attach an
(b) If any funds other than Federal appropriated funds have explanation to this application.
been paid 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 3. DRUG-FREE WORKPLACE
an employee of a Member of Congress in connection with this (GRANTEES OTHER THAN INDIVIDUALS)
Federal grant or cooperative agreement, the undersigned shall
complete and submit Standard Form - LLL, "Disclosure of As required by the Dry Free Workplace Act of 1988, and Lobbying Activities,"in accordance with its instructions; implemented at 28 CFR-Part 67, Subpart F. for grantees as
(c) The undersigned shall require that the language of this cer- defined at 28 CFR Part 67 Sections 67.615 and 87.620-
tification be included in the award documents for alt subawards A. The applicant certifies that it will or will continue to provide
at all tiers (including subgrants, contracts under grants and a drug-free workplace by
cooperative agreements, and subcontracts) and that all sub-
recipients shall certify and disclose accordingly. (a) Publishing a statement notifying employees that the
unlawful manufacture, distribution, dispensing, possession, or
use of a controlled substance is prohibited in the grantee's
2. DEBARMENT.. AND OTHER workplace and specifying the actions that will be taken against
DESPOT IBI lF MATTERS employees for violation of such prohibition;
(b) Establishing an on-going drug-free awareness program to
As required by Executive Order 12549, Debarment and inform employees about-
Suspension, and implemented at 28 CFR Prt 67, for prospec-
tive participants in primary covered transactions, as defined at (1) The dangers of drugs abuse in the workplace,
28 CFR Part 67,Section 6.510-
(2) The grantee's policy of maintaining a drug-free workplace;
A. The applicant certifies that it and its principals:
(3) Any available drug counseling, rehabilitation, and employee
(a)Are not presently debarred,suspended,proposed for debar- assistance programs;and
ment, declared ineligible sentenced to a denial of Federal
benefits by a State or Federal 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;
(c) Making it a requirement that each employee to be engaged
(b) Have not within a three-year period preceding this apptica- in the performance of the grant be given a copy of the state-
lion been convicted of or had a civil judgment rendered against meet required by paragraph(a);
them for commission of fraud or a criminal offense in connec-
tion with obtaining,attempting to obtain,or performing a (d) Notifying the employee in the statement required by
paragraph e�) hat, as a condition of employment under the
OJP FORM 406116(3-91)REPLACES OJP FORMS 4061/2.4062/3 AND 4061/4 WHICH ARE OBSOLETE
no later than live calendar days after such conviction;
(e) Notifying the agency, in writing, within 10 calendar days
after receiving notice under subparagraph (d)(2) from an Check ❑ if there are workplace on file that are not identified
employee or otherwise receiving actual notice of such convic- here.
lion. Employers of.convicted employees must provide notice
including position title to: Department of Justice, Office of Section 67,630 of the regulations provides that a grantee that
Justice Programs. ATTN. Control Desk, 833 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(s)of each affected grant; ptication for Department of Justice funding. States and Stale
agencies may elect to use OJP Form 4061/7.
(f) Taking one of the following actions, within 30 calendar
days of receiving notice under subparagraph (d)12), with Check ❑ if the State has elected to Complete OJP form
respect to any employee who is so convicted- 4061/7.
(1) Taking appropriate personnel action against such an
employee, up to and including termination consistent with the DRUG-FREE WORKPLACE
requirements of the Rehabilitation Act of 1973,as amended;or (GRANTEES WHO ARE INDIVIDUALS)
(2) Requiring such employee to participate satisfactorily in a As required by the Drug-Free Workplace Act of 1988, and
drug abuse assistance or rehabilitation program approved for implemented at 28 CFR Part 67, Subpart F, for grantees, as
such purposes by a Federal,State,or local health, taw enforce- defined at 28 CFR Part 67;Sections 67.615 and 67.620-
ment,or other appropriate agency;
A. As a condition of the grant I certify that I will not engage
`g) Making a good faith effort to continue to maintain a drug- in the unlawful manufacture, distribution. dispensing,;posses-
free work lace through implementation of paragraphs (a), (b), sion. or use of a oontrol,ed substance in condition any
(c),(d).(e).and(I). activity with the grant;and
8 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 worts done in connection with violation occurring during the conduct of any grant activity, I
the specific grant: will report the conviction, in writing within 10 calendar days
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.
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:
2. Application Number and/or Project Name 3. Grantee IRSNendor Number
4. Typed Name and Title of Authorized Representative
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5. Signature 6. Date
Name of Agency:
San Bernardino Police Department
1. Patrick Woolweaver
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