HomeMy WebLinkAbout33-Police Department ORIGINAL
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
From: Michael A. Billdt Subject: Resolution of the Mayor and
Chief of Police Common Council of the City of San
Bernardino authorizing the execution of
Dept: Police a Memorandum of Understanding
(MOU) for the San Bernardino Police
Date: August 3, 2006 Department to continue participation as
a member of the United States
Department of Justice, Drug
Enforcement Administration (DEA) Task
Force.
Regular Meeting Date: 9-5-2006
Synopsis of Previous Council Action:
October 17, 2005 — Resolution No. 2005-350 authorizing participation in the DEA Task
Force was adopted.
Recommended Motion:
Adopt Resolution
Michael A. Billdt, Chief of Police
Contact person: Brian Boom Phone: V4-56?F
Supporting data attached: Yes Ward: All
FUNDING REQUIREMENTS: Amount: None
Source: N/A
Finance:
Council Notes:
Agenda Item No.
5J'5D(P
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 a Memorandum of Understanding (MOU) for the San Bernardino Police
Department to continue participation as a member of the United States Department of Justice,
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 Michael A. Billdt
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 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 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. Beginning in
February 2005, the DEA task force we partner with has made 44 arrests of individuals who are
involved in drug activities connected to distribution operations at least partially located in San
Bernardino. Contraband seized includes 105 pounds of methamphetamine, two tons of
marijuana as well as 30,000 ketamine pills and 60,000 ecstacy tablets. Some of this contraband
was seized from drug locations in the City of San Bernardino, including six pounds of heroin
taken from a drug courier at the San Bernardino Greyhound Station. The heroin seizure itself
had a retail street value of$3 million. Additionally, five vehicles and $309,000 in drug assets
were seized pursuant to state and federal asset seizure laws. As a task force partner, the City of
San Bernardino can expect a part of the eventual seizure allocation.
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 $15,572.75
(25% of the salary of a Federal employee GS-12).
RECOMMENDATIONS
Adopt Resolution.
Attachments:
Standard State and Local Task Force Agreement — United States Department of Justice, Drug
Enforcement Administration
i
kit ANN. U. S. Department of Justice
Drug Enforcement Administration
Q Riverside District Office
4470 Olivewood Avenue
Riverside, CA 92501-4155
(909) 328-6000
July 28, 2006
Lt Brian Boom
San Bernardino Police Department
710 N. D Street
San Bernardino, CA 92401
Dear Lt Boom:
The annual process of renewing DEA's State and Local Task Force Agreement for
Fiscal Year (FY) 2007 between your agency and DEA is now under way. The FY 2007 Task
Force Agreement takes effect October 1, 2oo6. In order to meet the deadline by this date
you need to review and sign the following:
- Enclosed for signature are three original DEA Riverside District Office State and
Local Task Force Agreements for FY 2007 (i.e. 9/30/2oo6 to 09/30/2007).
- Also, please ensure that the three original attachments OJP Form 4o61-6s are
signed.
Please return all of the executed State and Local Task Force Agreements and OJP
Form 4o61-6s to me by September 13, 2oo6. After approval by DEA, an original signed
document will be returned to your office. Should you encounter any delays or have any
further questions regarding this matter please contact me at 951-328-6050.
Sincerely,
Steph G. zam
Assistant Special Agent in Charge
Encs
1 RESOLUTION NO. COPY
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
3 OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A MEMORANDU.N I
OF UNDERSTANDING (MOU) FOR THE SAN BERNARDINO POLICE
4 DEPARTMENT TO CONTINUE PARTICIPATION AS A MEMBER OF THE UNITED
STATES DEPARTMENT OF JUSTICE, DRUG ENFORCEMENT ADMINISTRATION
5 (DEA) TASK FORCE.
6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
7 OF SAN BERNARDINO AS FOLLOWS:
8 SECTION 1. That the Mayor and Common Council of the City of San Bernardino
9 authorize the Mayor, or his designee, to execute an agreement between the City of San
10 Bernardino Police Department and the United States Department of Justice, Drug Enforcement
11
Administration authorizing the San Bernardino Police Department to participate as a member
12
of a Drug Enforcement Administration task force operating in the Inland Empire.
13
14
15 SECTION 2. The authorization to execute the above referenced memorandum of
16 understanding is rescinded if it is not executed within sixty (60) days of the passage of this
17 resolution.
18
19
20
21
22
23
24
25
26
27
28
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF A MEMORANDUM OF
2 UNDERSTANDING (MOU) FOR THE SAN BERNARDINO POLICE DEPARTMENT
3 TO CONTINUE PARTICIPATION AS A MEMBER OF THE UNITED STATES
DEPARTMENT OF JUSTICE, DRUG ENFORCEMENT ADMINISTRATION (DEA)
4 TASK FORCE.
5
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 meeting thereof, held on the
g day of , 2006, by the following vote, to wit:
9 Council Members AYES NAYS ABSTAIN ABSENT
10 ESTRADA
11 BAXTER
12
VACANT
13
14 DERRY
15 KELLEY
16 JOHNSON
17 McCAMMACK
i
18
19
Rachel M. Clark, City Clerk
20
21 The foregoing resolution is hereby approved this day of 92006.
22
23 PATRICK J. MORRIS, Mavor
24 Approved as to form
25 i� ?
26 l �....
a es F. Penman, City Attorney
27
28
U. S. Department of Justice
Drug Enforcement Administration
�Q Riverside District Office
4470 Olivewood Avenue
Riverside, CA 92501-4155
(909) 328-6000
July 28, 2006
Lt Brian Boom
San Bernardino Police Department
710 N. D Street
San Bernardino, CA 92401
Dear Lt Boom:
The annual process of renewing DEA's State and Local Task Force Agreement for
Fiscal Year (FY) 2007 between your agency and DEA is now under way. The FY 2007 Task
Force Agreement takes effect October 1, 2oo6. In order to meet the deadline by this date
you need to review and sign the following:
- Enclosed for signature are three original DEA Riverside District Office State and
Local Task Force Agreements for FY 2007 (i.e. 9/30/2oo6 to 09/30/2007).
- Also, please ensure that the three original attachments OJP Form 4o61-6s are
signed.
Please return all of the executed State and Local Task Force Agreements and OJP
Form 4061-6s to me by September 13, 2oo6. After approval by DEA, an original signed
document will be returned to your office. Should you encounter any delays or have any
further questions regarding this matter please contact me at 951-328-6050.
Sincerely,
i
Stephen'G. zam
Assistant Special Agent in Charge
Encs
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;
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 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
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 $15, 572 . 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 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, D. and F.
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.
I 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, 2007 . 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:
Ralph W. Partridge
Acting Special Agent in Charge
Los Angeles Field Division
For the San Bernardino Police Department:
Date:
Name
Title
: J U.S. DEPARTMENT OF JUSTICE
1 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 (Non procurement) 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
As required by Section 1352, Title 31 of the U.S. Code, and Public transaction, violation of Federal or State antitrust
implemented at 28 CFR Part 69, for persons enteringg into a statutes or commission of embezzlement, theft forgery,
ggrant or cooperative agreement over $100,000, as defined at bribery, falsification or destruction of records, making false
28 CFR Part 69,the applicant certifies that: statements, or receiving stolen property;
(a) No Federal a propriate funds have been (c) Are not presently indicted for or otherwise criminally or
paid or will be civilly charged by a governmental entity (Federal, State, or
paid, by or on be alf of the undersigned, to any person for in- local) 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 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; B. 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 Drug 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 67.6`20-
tification 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 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
2. DEBARMENT SUSPENSION,AND OTHER use of a controlled substance is prohibited in the grantee's
2. DEBARMENT E ITI� MATTERS workplace and specifyingg the actions that will be taken against
(DIRECT RECIPIENT) employees for violation of such prohibition;
As required by Executive Order 12549, Debarment and (b) Establishing an on-going drug-free awareness program to
Suspension, and implemented at 28 CFR Prt 67, for prospec inform employees about-
tive participants in primary covered transactions, as defined at (1) The dangers of drugs abuse in the workplace,
28 CFR Part 67, Section 67.510-
A. The applicant certifies that it and its principals: (2) The grantee's policy of maintaining a drug-free workplace;
(a) Are not present) debarred, sus ended, proposed for debar- (3) Any available drug counseling, rehabilitation, and employee
P p p 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;
(b) Have not within athree- ear period preceding this a lica- (c) Making it a requirement that each employee to be engaged
Y P P 9 PP in the performance of the grant be given a copy of the state-
tion been convicted of or had 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 4061/2,4062/3 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
arter 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 off such convic- 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
Tf
Justice Programs, AN: 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(s)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 elect to use OJP Form 4061/7.
days of receiving notice under subparagraph (d)(2), with Check ❑ 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 to and including termination consistent with the DRUG-FREE WORKPLACE
requirements of the Rehabilitation Act of 103, 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, 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
lg) Making a good faith effort to continue to maintain a dru - in the unlawful manufacture distribution, dispensing, posses-
ffree workplace through implementation of paragraphs (a), (b�, sion, or use of a controlled substance in condition any
(c), (d), (e), and(f). activity with the grant;and
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 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:
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 95-6002748
4. Typed Name and Title of Authorized Representative
LT. BRIAN BOOM
5. Signature 6. Date