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HomeMy WebLinkAbout14- Police Department ORIGINAL CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION From: Keith L. Kilmer, Chief of Police Subject: Resolution of the City of San Bernardino authorizing the execution of an Dept: Police Department Agreement with the United States Department of Justice for the San Date: June 28, 2010 Bernardino Police Department to participate as a member of the Drug Enforcement Administration (DEA)Task Force. M/CC Date: July 19, 2010 Synopsis of Previous Council Action: 9-15-2008 Resolution No. 2008-362 authorizing participation in the DEA task force was adopted. 8-20-2007 Resolution No. 2007-249 authorizing participation in the DEA task force was adopted. 9-5-2006 Resolution No. 2006-323 authorizing participation in the DEA task force was adopted. 10-17-2005 Resolution No. 2005-350 authorizing renewal of MOU with DOJ to participate in the DEA task force was adopted. 2-22-2005 Resolution No. 2005-51 authorizing the execution of an agreement to participate in the DEA task force was adopted. Recommended Motion: Adopt Resolution. Keith L. Kilmer, Chief of Police Contact person: Captgdn FM r e*nos Phone: zQa-4608 Supporting data attached: Yes Ward: All FUNDING REQUIREMENTS: Amount: None Source: N/A Finance: Council Notes: �cso 020/0 �a�5 Agenda Item No. CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report SUBJECT Resolution 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) Task Force. BACKGROUND Several investigative drug task forces currently work in the Riverside District Office of the United States Department of Justice, Drug Enforcement Administration. Chief Keith L. Kilmer 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. The DEA task force the San Bernardino Police Department will be partnering with includes investigators from: - United States Department of Justice, Drug Enforcement Administration - San Bernardino County Sheriff s Department - Riverside County Sheriffs 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 I . language changes for the 2010/2011 Task Force Agreement with the exception of the monetary overtime reimbursement to the San Bernardino Police Department. FINANCIAL IMPACT There will be no impact on the City's General Fund or Police Department budget. The MOU agreement provides that the DEA will reimburse the San Bernardino Police Department during the fiscal year for overtime payments made to the assigned task force officer, up to $17,202.25 (25% of the salary of a Federal employee GS-12). RECOMMENDATIONS Adopt Resolution. 1 RESOLUTION NO. COPY 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE 3 EXECUTION OF AN AGREEMENT WITH THE UNITED STATES DEPARTMENT OF JUSTICE FORTHE SAN BERNARDINO POLICE DEPARTMENT TO PARTICIPATE AS 4 AMEMBEROFTHE DRUG ENFORCEMENT ADMINISTRATION(DEA)TASKFORCE. 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 6 7 SECTION 1. The City Manager is hereby authorized to execute on behalf of the City an 8 Agreement between the City ofSan Bernardino Police Department and the United States Department 9 of Justice Drug Enforcement Administration authorizing the San Bernardino Police Department to 10 participate as a member of a Drug Enforcement Administration task force operating in the Inland 11 Empire, a copy of which is attached hereto, marked as Exhibit A, and incorporated herein by this 12 reference. 13 14 SECTION 2. The authorization to execute the above referenced Agreement is rescinded if 15 it is not executed within sixty(60)days of the passage of this Resolution. 16 17 18 19 20 21 22 23 24 25 26 27 28 /// r— 1 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE UNITED STATES DEPARTMENT OF 2 JUSTICE FORTHE SANBERNARDINO POLICE DEPARTMENTTO PARTICIPATEAS A MEMBEROF THE DRUG ENFORCEMENT ADMINISTRATION(DEA)TASK FORCE. 3 4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 5 Common Council of the City of San Bernardino at a meeting thereof, held on the 6 day of 2010, by the following vote, to wit: 7 Council Members AYES NAYS ABSTAIN ABSENT 8 MARQUEZ 9 DESJARDINS to BRINKER 11 SHORETT 12 KELLEY 13 JOHNSON 14 McCAMMACK 1s 16 Rachel G. Clark, City Clerk 17 The foregoing Resolution is hereby approved this day of ,2010. 18 19 Patrick J. Morris, Mayor 20 Approved as to Form: City of San Bernardino 21 i 22 Ja s F. Penman, City Attorney 23 24 25 26 27 28 EXHIBIT A STANDARD STATE AND LOCAL TASK FORCE AGREEMENT This agreement is made this day of 20-, between the United States Department of Justice, Drug Enforcement Administration (hereinafter "DEA") , and San Bernardino Police Department (hereinafter "SBPD") . 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; Gb. gather and report intelligence data relating to trafficking in narcotics and dangerous drugs; and c. conduct undercover operations where appropriate and engage in other traditional methods of investigation in order that the Task Force's activities will result in effective prosecution before the courts of the United States and the State of California.- - 2. To accomplish the objectives of the Riverside Task Force, the 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 continuing resolution thereof, provide necessary funds and equipment O 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 $17,202.25) , 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 VI 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. 12 . When issuing statements, press releases, requests for proposals, C 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, 2011 . This agreement may be terminated by either party on thirty days ' advance written notice. Billings for all outstanding obligations must be received by DEA within 90 days of the date of termination of this agreement. DEA will be responsible only for obligations incurred by SBPD during the term of this agreement. For the Drug Enforcement Administration: Date: Timothy J. Landrum Special Agent in Charge Los Angeles Field Division For the San Bernardino Police Department: C Date: ATTACHMENTS: (1) . OJP Form 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 Riverside Task Force V 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. 1. LOBBYING public (Federal,_State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust As required by Section 1352, Title 31 of the U.S. Code, and statutes or commission of embezzlement theft forgery, implemented at 28 CFR Part 69, for persons enteringg into a bribery, falsification or destruction of recorbs, making false grant or coopperative agreement over 5100,000, as de fined 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 civilry charged by a governmental entity (Federal, State, or paid, by or on behalf of the undersigned, to any person for in- loca with commission of any of the offenses enumerated in fluencing 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- nection with the making of any Federal grant, the entering into Gon 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; B. Where the applicant is unable to certify to any of the statements in this certiflcation, he or she shall attach an gb) If any funds other than Federal appropriated funds have explanation to this application. een 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 grantor 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 Activities,"in accordance with its instructions; impplemented at 28 CFR Part 67, Subpart F, for grantees as tlefined at 28 CFR Part 67 Sections 67.615 and 67.62D- Jc)) The undersigned shall require that the language of this cer- if-icafion be included in the award documents for all subawards A The applicant certifies that it will or will continue to provide at all tiers (including subgrents, 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 SUSPENSION,AND OTHER workplace and specifying the actions that will be taken against (DIRECT RIECIPI EN 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 Norm employees about- Suspension, and implemented at 28 CFR drt 67, for prospec- tive participanLS in prima covered transactions, as defined at (1) The dangers of drugs abuse in the workplace; 28 CFR Part 67,Section 6.510. A. The applicant certifies that it and its principals: (2) The grantees policy of maintaining adrug-free workplace; (3) Any available drug counseling, rehabilitation, and employee (a) Are not presenty,debarred,suspended, proposed for debar- assistance programs;and ment declared ineligible sentenced to a denial of Federal benefits by a State or rederal 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) Makin g9 it a requirement that each employee to be engaged fb) Have not within a three-yyear period preceding this applica- In the pertomlance of the grant be given a copy of the state- tion been convicted of or hatl a civil judgment rendered against ment 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 `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 406114 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 0 f ha criminal drug statute occurring in the workplace no later than five calendar days after such conviction; (e1 Nob in g, the agency, in writing, within 10 calendar days after receiving notice under subparagraph (d1(2) from an Check E] if there are workplace on file that are not identified employee or otherwise receiving actual notice o such convio- here. tion. 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. ATfN: Control Desk 633 Intliana Avenue, fi a State may elect to make one certification included d each Federal Washington D.C. 20531. Notice's hall include the iden- fiscal year. A copy of which should be included with each M, tification number(ss of each affected grant; agencies for Department of Justice funding. States and Sta e agencies may elect to use OJP Form 406117. (f) Taking one of the following actions, within 30 calendar days of receiving notice under convicted-subparagraph (d)(2), with Check if the State has elected to complete OJP Form (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 impplemented at 28 CFR Part 67, Subpart F, for grantees, as such purposes by a Federal, State,or local health. law 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 tlrugg- in the unlawful manufacture distribution, dispensing, posses- free work lace through implementation of paragraphs (a), (b), sion, or lithe of a acondtrolled substance in condition any (c),(d),(e),and(f). Y grant; 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 any grant acliviN I the specific grant: will report the conviction, in writing{ within 0 calendar days of the conviction, to: Department o 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: SAN BERNARDINO POLICE DEPARTMENT 710 N. D STREET SAN BERNARDINO, CALIFORNIA 92401 2. Application Number and/or Project Name 3. Grantee IRSNendor Number RIVERSIDE TASK FORCE 4. Typed Name-and Title of Authorized Representative Keith Kilmer, Chief 5. Signature 6. Date