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HomeMy WebLinkAbout16-Police Department ~.~.~ _..-~'"C7"'''''~'''E1'~"",.,~ ~..~ ,~.~~_... ~" 'IT"'~~--"'_'~ ORIGINAL 'CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Garrett W. Zimmon Chief of Police Subject: Resolution of the Mayor and Common Council 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 Task Force. Dept: Police Date: 2004 Synopsis of Previous Council Action: None Recommended Motion: Adopt Resolution ~4:1/R Ignature Contact person: Uit~h::1I Kimh::llll Phone: ~AA._!'\R?R Supporting data attached: yes Ward: all FUNDING REQUIREMENTS: Amount: None Source: N/A Finance: Council Notes: t:;DS~1 Agenda Item No. J./~ ,(, ~, ,,- 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 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 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 Garrett Zimmon 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. It is proposed that one officer from the San Bernardino Police Department Narcotics Unit be assigned to a DEA task force to enhance drug enforcement efforts in the San Bernardino area. The trafficking in narcotics and dangerous drugs, as well as other associated illegal activities, 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 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 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 by the San Bernardino Task Force Officer provides the City of San Bernardino and the San Bernardino Police Department an allocated share of assets seized in those investigations. cc......c....c,... FINANCIAL IMPACT There is no impact to the City's General Fund or the Police Department budget. The 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 $14,666.25 (25% of the salary ofa Federal employee GS-12). RECOMMENDATIONS Adopt Resolution. Attachments Standard State and Local Task Force Agreement - United States Department of Justice, Drug Enforcement Administration 0 1 2 3 " 5 6 7 8 9 10 11 12 13 . 14 15 16 17 18 19 20 21 22 23 24 25 26 0 rI 28 RESOLUTION NO. to lP>Y RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR mE SAN BERNARDINO POLICE DEPARTMENT TO PARTICIPATE AS A MEMBER OF THE UNITED STATES DEPARTMENT OF JUSTICE, DRUG ENFOR,CEMENT ADMINISTRATION TASK FORCE. SECTION 1: The Mayor and Common Council of the City of San Bernardino. authorizes the Mayor. or her designee, to execute 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. SECTION 2: The authorization to execute the above referenced memorandum of und~ding is rescinded if it is not executed within sixty (60) days of the passage of this resolution. III III III III III III III 11/ 0 1 2 3 4 5 6 7 8 9 10 11 12 13 . 14 J5 16 17 18 19 20 21 o 23 24 25 26 27 28 "-'-"'-<<-'" -'~ - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO . AUTHORIZING THE EXECUTION OF AN AGREEMENT (RENEWAL) FOR THE SAN BERNARDINO POLICE DEPARTMENT TO PARTICIPATE AS A MEMBER OF THE INLAND EMPIRE CLANDESTINE LABORATORY TASK FORCE. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the day of , 2005, by the following vote, to wit: Council Members Aves Abstain . Absent Navs ESTRADA LONGVILLE McGINNIS DERRY KEll.EY JOHNSON McCAMMACK City Clerk The foregoing resolution is hereby apprcwed this day of .2005. !udit&. Valles, Mayor City of San Bernardino Approved as to form and legal content: James F. Penman, City Attorney BVr 1- pp~ ... ..... .'::-'7 ~ . , ,,-:;~;:,.....~~: ..",~."~:. ~- o . () STANDARD STATE AND LOCAL TASK FORCE AGREEMENT This agreement is made this between the United States Department of Administration (hereinafter "DEA"), and Department (hereinafter "SBPD"). day of , 20__, 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 eo eraft':h:king 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 SBED 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 procedurest F"ailure. 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 ~Task Force. DEA will also, suD:te.c.t. t.Q;. t.ttlii; aJT"'i lanjLi.1:y' af annually appropriated. funds or. any continuing resolution thereof, provide necessary ~~and equipment to support the activities of the DEA SpeciaL Agents and .0 . . . . -'-'~'=;T~'"~."~;~",.c"".",,,.,,,"':i''''.''~ 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 State/Local Tas~ 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. DBA will, subject to availability of appropriated 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, Federal employee (currently $14,666.25), 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 OEA to facilitate on-site inspection and auditing of such records and accounts. 9. The SBPO shall permit and have readily available for examination and auditing by DEA, the United States Department of Justice, the Comptroll~r 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 Americans with Disabilities Act (as incorporated in the Civil Rights Act of 1991) and all requirements imposed or pursuant to the regulations of the United States Department of Justice implementing those laws, 28 C.F.R. Part 42, Subparts C, 0, and F. 11. The SBPO 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 SBPO shall clearly '0 '0 o '. , .. '....n_~~ state: (1) the percentage of the total cost of the program or project which will be financed with Federal money and (2) the dolla~ amount of Federal funds for the project 'or program. 13. The term of this agreement shall be from September 30, 2004 to September 30, 2005. 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: Stephen C. Delgado Special Agent in Charge Los Angeles Field Division For the San Bernardino Police Department: Date: Name Ti tle ~ .~:.;. ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** RESOLUTION AGENDA ITEM TRACKING FORM M_Da"rpmAOOPI'd)'?I~ -- Vote: Ayes '7 Nays Change to motion to amend original documents D Ih Resolution # t300~"'S/ Abstain Companion Resolutions Absent NulI/Void After: days / Resolution # On Attachments: D Note on Resolution of attachment stored separately: D PUBLISH D POST D RECORD wtCOUNTY D By: Date Sent to Mayor: Date of Mayor's Signature: Date of Clerk/CDC Signature:")' Y11 Reso. Log Updated: ~/ Seal Impressed: \1' Date MemolLetter Sent for Signature: 151 Reminder Letter Sent: Date Returned: 2nd Reminder Letter Sent: Not Returned: D Request for Council Action & Staff Report Attached: Yes No By_ Updated Prior Resolutions (Other Than Below): Yes No By_ Updated CITY Personnel Folders (6413, 6429, 6433, 10584, 10585, 12634): Yes No By_ Updated CDC Personnel Folders (5557): Yes No By_ Updated Traffic Folders (3985, 8234, 655, 92-389): Yes No By_ Copies Distributed to: Animal Control City Administrator City Attorney Code Compliance Development Services Others: D D. ~ D D EDA o ~ ~ -- Fire Department Human Resources o D Information Services Parks & Recreation Police Department Public Services Water Department D ~/ D D Facilities Ready to File: Notes: Revised 12/18/03 - -""""_-.","""".=."".-, =.'_,^,""""-'''C''"''''''':''I''n'y'.-,';:,&:",\!.?"""":,__.",;_.,,_,,,"J;..;:iP1!'"~.--~. CITY OF SAN BERNARDINO Interoffice Memorandum CITY CLERK'S OFFICE Records and Information Management (RIM) Program DATE: March 2, 2005 TO: Mitchal Kimball Police Department FROM: Eileen Gomez, Senior Secretary RE: Transmitting Documents for Signature - Resolution Nos. 2005-51 At the Mayor and Common Council meeting of February 22, 2005, the City of San Bernardino adopted Resolution No. 2005-51 - Resolution 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 Task Force. Attached is a certified copy of Resolution No. 2005-51, one (1) original agreement and two (2) duplicate original agreements, executed by the Mayor. Please obtain signatures in the appropriate locations and return the ORIGINAL to the City Clerk's Office to my attention as soon as possible. Please keep one (1) fully executed duplicate original agreement for your records, and forward the remaining duplicate original agreement to the Department of Justice, Drug Enforcement Administration (DEA). If ~U"'tions, please do n Eileen Gomez Senior Secretary esitate to contact me at ext. 3206. Have a blessed day! 8 ~ ~ ~ ~ ,T'\ ::J g ..-I ~ ..!.s Signed: ~ - Date: ~.....ret8nl ~ C") . -- rr. ~ .~..,... .~~. .~,.. ~, n ..-==<F City of San Bernardino San Bernardino Police Department Interoffice Memorandum To: Stephen G. Azzam ASAC Riverside DEA From: Lt. Mitchal Kimball SBPD - Narcotics Commander Subject: Task Force Agreement Date: 3-4-05 Copies: File The Mayor and Common Council of the City of San Bernardino have ratified the agreement allowing the San Bernardino Police Department to participate as a partner in task force operations, at the DEA Riverside Office. . Attached is the original agreement, as well as a copy for your file. It requires the signature of Stephen C. Delgado, Special Agent in Charge, Los Angeles Field Division. Please have him sign all three copies of the Task Force Agreement, and return all originals to you. I will arrange to pick them up and file them with the San Bernardino City Clerks Office. To remain in effect, the agreement must be signed by Stephen Delgado no later than April 24, 2005. Pursuant to the attached Council Resolution 2005- 51, execution of the memorandum of understanding is rescinded if not signed within 60 days of the passage of the resolution, dated February 24th 2005. . Members of the San Bernardino Police Department Narcotic Unit are excited about the opportunity to work with our local DEA task force. Please do not hesitate to contact me if! can b of an sistance in securing all necessary signatures. Thank y, Lieutenant Mitchal Kimball Special Enforcement Bureau - San Bernardino Police Department (909) 384-5626 (909) 754-0013 - cell nrn SBPD [S COMMl1TED TO PR.OVIDING: PROGRESSIVE QUALIlY POUCH SBRVICE; ^ SAFE BNVIRONMBNTTO IMPROVE nrn QUALIlY OF LIFE; ^ RBDUCTION IN CRIME'mR.OUGH PROBLBM RBCOGNmON AND PROBLBM SOLVING