HomeMy WebLinkAbout07.M- Police RESOLUTION (ID#2027) DOC ID: 2027
CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION
Agreement/Contract
From: Robert Handy M/CC Meeting Date: 10/01/2012
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 Between the United States Department of Justice, Drug Enforcement
Administration, and the San Bernardino Police Department to Participate in the Los Angeles
High Intensity Drug Trafficking Area(HIDTA) Task Force
Financial Impact:
There will be no impact on the City's General Fund or the Police Department budget. The MOU
agreement provides that the Drug Enforcement Administration will reimburse the San
Bernardino Police Department during the fiscal year for overtime payments made to the assigned
task force officer in an amount up to $17,202.25 (25%of the salary of a Federal employee GS-
12).
Motion: Adopt the Resolution.
Synopsis of Previous Council Action:
None.
Background:
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 Acting Special Agent in
Charge, Briane M. Grey, in the Los Angeles Field Office, to participate in the Southern
California Drug Task Force, HIDTA 50, that operates within the Inland Empire region. The San
Bernardino Police Department would provide an officer from the Narcotics Unit to the task force
in order 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 detrimental
effect on the health and general welfare of the 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 Drug
Enforcement Administration 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 task force.
Updated:9/26/2012 by Jolena E.Grider Packet Pg. 201
2027
As part of the HIDTA 50 task force, the San Bernardino Police Department will be partnering
with investigators from:
— United States Department of Justice,Drug Enforcement Administration
— San Bernardino County Sheriffs Department
— Riverside County Sheriffs Department
— Riverside Police Department
— Ontario Police Department
— Chino Police Department
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, on a temporary basis,been participating in this joint
task force since August 2012. The 2012/2013 annual agreement will begin the first year of a
successful, long-term relationship with the task force.
City Attorney Review:
Suuaortine Documents:
HIDTA Task Force Resolution (PDF)
HIDTA Task Force Agreement-Exhibit "A" (PDF)
Updated:9/26/2012 by Jolena E.Grider Packet Pg. 202
ME
1 RESOLUTION NO.
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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8 SECTION 1. The Mayor and Common Council of the City of San Bernardino a
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hereby authorize the Chief of Police to execute on behalf of said City an Agreement between ,0
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11 the City of San Bernardino Police Department and the United States Department of Justice, I
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12 Drug Enforcement Administration, authorizing the San Bernardino Police Department to °-
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13 participate in the Los Angeles High Intensity Drug Trafficking Area (HIDTA) Task Force, a N
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14 copy of which is attached hereto marked Exhibit A and incorporated herein by reference as 0
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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
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18 rescinded if it is not executed within ninety (90) days of the passage of this Resolution. w
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I 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 4)
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8 thereof,held on the day of 2012, by the following vote,to wit:
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Council Members: AYES NAYS ABSTAIN ABSENT a0
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11 MARQUEZ F
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12 JENKINS o
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13 VALDIVIA N
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14 SHORETT N
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KELLEY c
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1 JOHNSON d
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18 MCCAMMACK U.
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20 Georgeann Hanna, City Clerk x
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The foregoing Resolution is hereby approved this day of 2012. u
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24 Patrick J. Morris, Mayor
City of San Bernardino
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Approved as to form:
26 JAMES F. PENMAN,
27 City Attorney D
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LOS ANGELES HIGH INTENSITY DRUG TRAFFICKING AREA
►7 OUTHERN CALIFORNIA DRUG l ASK FORCE
STATE AND LOCAL HIDTA TASK FORCE AGREEMENT
BETWEEN
THE DRUG ENFORCEMENT ADMINISTRATION
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THE SAN BERNARDINO POLICE DEPARTMENT
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This agreement is made this 1' day of October 2012, between the United States
Department of Justice, Drug Enforcement Administration (hereinafter"DEA"),
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and the San Bernardino Police Department (hereinafter "SBPD"). The DEA is
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authorized to enter into this cooperative agreement concerning the use and abuse of N
controlled substances under the provisions of 21 U.S.C. § 873.
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Whereas, there is evidence that trafficking in narcotics and dangerous drugs exists '
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in the Los Angeles High Intensity Drug Trafficking Area (Los Angeles, Orange, E
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Riverside, and San Bernardino Counties), and that such illegal activity has a
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substantial and detrimental effect on the health and general welfare of the people of o
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the County of San Bernardino, the parties hereto agree to the following:
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1. The Southern California Drug Task Force (hereinafter"SCDTF"), a Los =
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Angeles High Intensity Drug Trafficking Area (hereinafter"LA-HIDTA") will E
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perform the activities and duties described below: a
a. disrupt the illicit drug traffic in the LA-HIDTA by
immobilizing targeted violators and trafficking organizations;
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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 task
force's activities will result in effective prosecution before the
courts of the United States and the State of California. E
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2. To accomplish the objectives of the SCDTF, the SBPD agrees to detail one LL
(1) experienced officer to the SCDTF for a period of not less than two years.
During this period of assignment, the SBPD officer will be under the direct c
supervision and control of DEA supervisory personnel assigned to the task force.
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3. The SBPD officer assigned to the task force shall adhere to DEA policies a
and procedures. Failure to adhere to DEA policies and procedures shall be r
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grounds for dismissal from the task force.
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4. The SBPD officer assigned to the task force shall be deputized as a task a
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force officer of DEA pursuant to 21 U.S.C. § 878. o
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5. To accomplish the objectives of the SCDTF, DEA will also assign Special c
Agents to the task force. HIDTA will also, subject to the availability of annually
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appropriated funds or any continuing resolution thereof, provide necessary funds E
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and equipment to support the activities of the DEA Special Agents and the SBPD a
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.
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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 availability of funds, reimburse the SBPD for overtime
payments made by it to the SBPD officer assigned to the SCDTF for overtime, up
to a sum equivalent to twenty-five percent (25%) of the annual salary of a GS- E
1811-12, step 1, (RUS) federal employee, currently $17,202.25, per officer. Note: a
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Task Force Officer's overtime "Shall not include any costs for benefits, such as LL
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retirement, FICA and other expenses. "
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7. In no event will the SBPD charge any indirect cost rate to DEA for the
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administration or implementation of this agreement. N
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8. The SBPD shall maintain, on a current basis, complete and accurate records X
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and accounts of all obligations and expenditures of funds under this agreement in
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accordance with generally accepted accounting principles and instructions E
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provided by DEA to facilitate on-site inspection and auditing of such records and
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accounts. `o
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9. The SBPD shall permit and have readily available for examination and <
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auditing by DEA, the United States Department of Justice, the Comptroller =
General of the United States, and any of their duly authorized agents and E
representatives, any and all records, documents, accounts, invoices, receipts or a
expenditures relating to this agreement. The SBPD shall maintain all such 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.
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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 CFR Part 42,
Subparts C, F, G, H, and I.
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11. The SBPD agrees that an authorized officer or employee will execute and a
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return to DEA the attached OJP Form 406116, Certification Regarding Lobbying; �°
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Debarment, Suspension and Other Responsibility Matters; and Drug Free
Workplace Requirement. The SBPD acknowledges that this agreement will not c
take effect and no federal funds will be awarded to the SBPD until the completed
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certification is received. °
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12. When issuing statements, press releases, requests for proposals, bid r
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solicitations, and other documents describing projects or programs funded in whole
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or in part with federal money, the SBPD shall clearly state: (1)the percentage of E
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the total cost of the program or project which will be financed with federal money; a
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and (2) the dollar amount of federal funds for the project or program. 0 LL
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13. The SBPD agrees to provide a vehicle for the officer assigned to HIDTA to c
conduct investigations and respond to emergency callouts. The SBPD procedure =
for reporting and investigating automobile accident involving SBPD vehicles shall E
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apply. HIDTA, through DEA, will furnish mobile radio for installation in the a
vehicle and assume the cost of installation and removal. HIDTA will be
financially responsible for the purchase of fuel.
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14. The HIDTA Executive Committee acknowledges that the United States is
liable for the actions of task force officer, while on duty and acting within the
scope of federal employment, to the extent permitted by the Federal Torts Claim
Act.
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15. The term of this agreement shall be from October 01, 2012 until September E
30, 2013. This agreement may be terminated by either party on thirty (30) days a
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advance written notice. Billings for all outstanding obligations must be received 0 U.
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by DEA within ninety (90) days of the date of termination of this agreement. F
H.IDTA will be responsible only for obligations incurred by the SBPD during the o
term of this agreement.
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For the Drug Enforcement Administration: a
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Date:
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Briane M. Grey SD
Acting Special Agent in Charge
Los Angeles Field Division
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For the San Bernardino Police Department: a
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Date: r
Robert Handy a
Chief of Police
Attachments:
(1). ON Forms 4061/6 (3-91): Certifications Regarding Lobbying: Debarment,
Suspensions and Other Responsibility Matters; and Drug Free Workplace
Requirements
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7.M.b
U.S. DEPARTMENT OF JUSTICE
ex 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 v
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 Q
covered transaction, grant, or cooperative agreement.
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1. LOBBYING public (Federal State, or local) transaction or contract under a F
public transaclion; violation of Federal or State antitrust p
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 records, making false ,.
9rant or coopperative agreement over $100,000, as defined at statements,or receiving stolen property;
8 CFR Part 69,the applicant certifies that:
(c) Are not presently indicted for or otherwise criminally or o
(a) No Federel appropriate funds have been paid or will be civillyy charged by a governmental entity (Federal, State, or N
aid, by or on behalf of the undersigned, to any person for in- Iocat) 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 Q
any agency, a Member of Congress, an officer or employee of
Congre ss, or an employee of a Member of Congress in con- (d) Have not within a three-year period preceding this ap lica-
nection wI the making of any Federal grant, the entering into Pion had one or more public transactions (Federal, State, or a
of any cooperative agreement, and extension, continuation, local)terminated for cause or default;and r
renewal, amendment, or modification of any Federal grant or W
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.
bbeen paid or will be paid to any person for influencing or at- a
tempting to influence an officer or employee of any agency, a E
Member of Congress, an officer or employee of Congress, or 3. DRUG-FREE WORKPLACE d
an employee of a Member of Congress in connection with this (GRANTEES OTHER THAN INDIVIDUALS) m
Federal grant or cooperative agreament, the undersigned shall 0)complete and submit Standard Fonn - LLL, Disdosure of As required by the Drug-Free Workplace Act of 1988, and Q
Lobbying Activities,"in accordance with its instructions; implemented at 28 CFR Part 67, Subpart F for grantees as m
defined at 28 CFR Part 67 Sections 67.b15 and 67.620- E
((c) The undersigned shall require that the language of this car- o
4ification be included in the award documents Tor all subawards A. The applicant certifies that it will or will continue to provide v_
at all tiers (including subgrants, contracts under grants and a The workplace by: w
cooperative aggreements, and subcontracts) and that all sub-
recipients shalrcertify and disclose accordingly. (a) Publishing a statement notifying employees that the F.
unlawful manufacture, distribution, dispensing, possession, or Q
use of a controlled substance is prohibited in the grantee's
2. DEBARMENT SUSPENSION,AND OTHER workplace and specifyingg the actions that will be taken against p
RESPONSIBILIW MATTERS employees for violation of such prohibition; _
(DIRECT RECIPIENT)
(b Establishing an on-going drug-free awareness program to
As required by Executive Order 12549 Debarment and mtorm employees about-
Suspension, and implemented at 28 CFR On 67, for prospeo- E
live participants in primary covered transactions, as defined at (1) The dangers of drugs abuse in the workplace; ,E
28 CFR Part 67,Section 67.510-
(2) The grantee's policy of maintaining a drug-free workplace; ;o
A. The applicant certifies that it and its principals:
(3) Any available drug counseling, rehabilitation, and employee Q
(a) Are not presently,debarred, suspended, proposed for debar- assistance programs;and
ment declared ineligible sentenced to a denial of Federal
benetits 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 a three-year period preceding this applica- in the pegg.rmance requirement
the t rant be h given employee y ofethe state
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the 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) Ngotifyingg(( the employee in, the statement required by
paanf,raphema) that,is a condition of employment under the
OJP FORM 4061/6(3-91)REPLACES OJP FORMS 406112,4062/3 AND 406114 WHICH ARE OBSOLETE.
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(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
after receiving nofice under subparagraph ld(2) from an Check ❑ if there are workplace on file that are not identified
employee or otherwise receiving actual notice of such convio- here.
tior Employers of convicted employees must provide notice
includin$position title to: Department of Justice, Office o} Section 67, 630 of the regulations provides that a grantee that
Justice rograms, ATfN: 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-
tifcation number(s)of each affected grant; plication for Department of Justice funding. States and State
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)(2), with Check ❑ if the State has elected to complete OJP Form
respect to any employee who is so convicted- 4061/7. E
(1) Taking appropriate personnel action against such an d
employee, up to and includingg termination consistent with the DRUG-FREE WORKPLACE
requirements of the Rehabilitation Act of 1913,as amended;or (GRANTEES WHO ARE INDIVIDUALS) Q
(2) Requiring such employee to participate satisfactorily in a As required by the Dru$Free Workplace Act of 1988, and
drug abuse assistance or rehabilrtetion program approved for implemented at 28 CFR art 67, Subpart F, for ggrantees, as o
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; LL
A. As a condition of the grant certify that I will not engage y
(g) Making a good faith effort to continue to maintain a drug- in the unlawful manufacture distribution, dispensing, posses- m
free work lace through implementation of paragraphs (a), (b), sion, or use of a controlled substance in con lion any F
(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 arl 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., c
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:
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2. Application Number and/or Project Name 3. Grantee IRS/Vendor Number Y
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4. Typed Name and Title of Authorized Representative
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Robert Handy, Chief
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5. Signature 6. Date
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