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Home My WebLink About1DCITY COUNCIL STAFF REPORT DATE: October 8, 2020 CO~ENT CALENDAR SUBJECT: RENEW AGREEMENT WITH DRUG ENFORCEMENT ADMINISTRATION TO PARTICIPATE IN TASK FORCE FROM: David H. Ready, City Manager BY: Police Department SUMMARY On June 18, 2003, Council approved minute order #7324 which authorized the City of Palm Springs, through its Police Department, to participate in the Palm Springs Narcotics Task Force (PSNTF). Staff is requesting Council approve the continued participation in PSNTF. RECOMMENDATION: 1. Renew an agreement with the Drug Enforcement Administration through September 30, 2021. 2. Authorize the City Manager to execute all necessary documents. STAFF ANALYSIS: The City of Palm Springs, through its Police Department, has been a member of the Palm Springs Narcotics Task Force (PSNTF) since its inception, and the task force is housed at the Police Department. The task force is under the supervision of a Drug Enforcement Administration supervisor, and they concentrate on major drug traffickers in the area. The unit has arrested major drug dealers resulting in significant terms in federal prison and has recovered a large amount of property and currency that was awarded to the task force by a judge. The Police Department supplies one officer to the task force and is responsible for supplying the officer with a vehicle and all necessary equipment. ITEfv1 NO. j_ D 2City Council Staff Report October 8, 2020 Page 2 DEA Agreement FISCAL IMPACT: There is no additional cost to the General Fund, as this position is part of the authorized personnel for the Police Department. The Drug Enforcement Administration will reimburse the Palm Springs Police Department for overtime costs incurred by the assigned officer, up to the equivalent of 25% of a GS-12, Step 1, of the general pay scale for the Rest of United States. By participating in the task force, the City has the ability to share in the proceeds from forfeited assets. These seizures fund the day to day operations of the task force, and excess assets may be distributed to member agencies. The Police Department uses seized funds to purchase equipment not budgeted for in the General Fund. &e~ David H. Ready, Esq., P-Chief of Police City Manager Attachments: 1) Drug Enforcement Administration Agreement 3STATE AND LOCAL TASK FORCE AGREEMENT BETWEEN . THE DRUG ENFORCEMENT ADMINISTRATION LOS ANGELES FIELD DIVISION AND THE CITY OF PALM SPRINGS, THROUGH ITS POLICE·~·-DEPARTMENT PROGRAM -FUNDED STATE AND LOCAL TASK FORCE AGREEMENT This agreement is made this 1st day of October 2020, between the United States Department of Justice, Drug Enforcement Administration (hereinafter "DEA"), and the City of Palm Springs, through its Police Department# 0331100 (hereinafter "PSPD"). 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 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 area, the parties hereto agree to the following: 1. Task Force Group I (Riverside) (hereinafter "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 Riverside 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 PSPD agrees to detail PSPD one (1) experienced officer to the Riverside Task Force for a period of not less than two years. During this period of assignment, the PSPD one (1) officer will be under the direct supervision and control of DEA supervisory personnel assigned to the Riverside Task Force. 3. The PSPD one (1) officer assigned to the Riverside Task Force shall adhere to DEA policies and procedures. Failure to adhere to DEA 4policies and procedures shall be_ grounds for dismissal from the Task Force. 4. The PSPD 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 Riverside 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 PSPD one (1) officer assigned to the Riverside 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 PSPD will remain responsible for establishing the salary and benefits, including overtime, of the PSPD one (1) officer assigned to the Riverside ask Force, and for making all payments due them. DEA will, subject to availability of funds, re-imburse the PSPD for overtime payment. Annual overtime for each state or local law enforcement officer is capped at the equivalent of 25% of a GS-12, Step 1, of the general pay scale for the Rest of United States. Reimbursement for all types of qualified expenses shall be contingent upon availability of funds and the submission of a proper request for reimbursement which shall be submitted monthly or quarterly on a fiscal year basis, and which provides the names of the investigators who incurred overtime for DEA during the invoiced period, the number of overtime hours incurred, the hourly regular and overtime rates in effect for each investigator, and the total cost for the invoiced period. Invoices must be submitted at least quarterly within 10 business days of the end of the invoiced period. 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 PSPD charge any indirect cost rate to DEA for the administration or implementation of this agreement. 8. The PSPD 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 PSPD 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 PSPD shall maintain all such reports and records until all audits and examinations are completed and resolved, or for a 5period of six (6) years after termination of this agreement, whichever is sooner. 10. The PSPD 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, Hand I. 11. The PSPD 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 PSPD acknowledges that this agreement will not take effect and no Federal funds will be awarded to the PSPD 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 in part with Federal money, the PSPD 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 effective from the date in paragraph number one (1) until September 30, 2021. This agreement may be terminated by either party on thirty days' advance written notice. Billing 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 PSPD during the term of this agreement. For the Drug Enforcement Administration: Special Agent in Charge Los Angeles Field Division Date: of Palm Springs, through its Police Department: Date: o/ /21/2.LJ For the City of Palm Springs, through its Police Department: Date: David H. Ready, City Manager 6ATTACHMENTS: (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 United States Drug Enforcement, Los Angeles Field Division. 7• U.S. DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PROGRAMS OFFICE OF THE COMPTftOLLER 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 As reciuireddbv Section p1352. T/'tle 31 of the U .. S .. Code, am 1mRlernente at 28 CFR art 6'9 ·or .Pecaons ente.rino. m\o a ar or CO.Pl>etrative aoreementfiovetrh'$t100,uuu, as detinea a 2H "'l; Part o9, ne applicant certl 1es a : (a) No Federal appropriate funds have been paid or will be paid, bv or on b~half ~rthe unders1~r1ed, to any. l'.)erson for influencing or attempting to influence an mcer or employee Qf any agency, a Member 01 Congress. an o •~r or emP,loyee of C.ongrE;?~s. or an employee of a Member of congress in cpnnectIon witn the making of any Federal grant fhe entering into of any cooperative agreement, ano exten.sion, continuation, renewal, amendment, or modification of any Federal grant or cooperative agreement; I lf anv .funds oth.etr than Federal.aborooriated fund~avfubeen d or Wtll oel,d O anv oerson TO 1nr1uencm0 or a mrn ma t~ uence an o cer or emmo ee o an a en-c ~ a e er o re s a Icer or em o ee o.t on re o a e~ o e o a ~jmgte~ o7 on ress rnmhco~~e 100 ~tii~s1~e8era o~nf or CO e.ra I a re It t e erSI ea Ima r CO el ana su~~~h ~Tan~arfd nrm ·th-.'ft1~t ~,sclosure o'l'P o5bying ACtlVi~1es, tn accor ance WI IS In~ ru"dons; I~ 11t.ie 1.,1nde~1~ed .sh~II ,,iredthat the ,i_aoouaae gt th1sdcer~-tI ca 10n o~n ed mt ea ra I ocumeo~ tor a1rsu awar s a a t1ers1. inc u 'J su gran sl. contrtacts~unaer .Qrants an< coopera 1v aaree ents · an ;:,UOcon racts ana tlTat all sut>-rec1p1ents s arrce y anij 01sclose accoram y. As required bY. ExecutI\{e Order 125A9, Debarment find Si!lBens19ri, ,ana 1molemented at tw CFF{ Prt 67.1. tor orosoe . 1~e ~f~~lJll3'7,''sCJU'2~i1~r&_reo ransact,ons, a-, define<1 a 26 A The applicant certifies that _it and its principals: (a) Are not pres~ntly c;tebarred, suspended, pripo~ed for debar-ment declar d mell 1ble, ntenceci to a enial of F deral benefits by a itate or,eder~ coy_rt, or volu.ntamy excluded 1mm covered transactions by any Federal department or agency; Rb) Have n.01 WJthr· a !hree-:tear,enod wrecedino this aoplicatior een conv1c eo o or , ,ao a CIVI . oa»cre 1 renoerea aQa1ust mem or c.001m1ss1on o. traua or a er 1rfl! o ense m con1TectIon w1tn oota1ning, attempting to ootain, or pe ormmg a lu~lic {Ftederaal. State,. or local} tra~action or c1ri under a u Ic ransa I0n;. v10IatIonf of ederal .or a antitrust tc!Utes Of . cornm1ss1on O em ez.ztement e . toroery n erv .1.. fats1ficatloo . or destruction rtot records, ma 1ng Tals'e st, emt:n s, or receiving stoIen prope y; ~d)dHave not within a threivear period A!ecedinI g lhis application a1 .one o~ more oubhc antsactions p--eaera, Stale, or 1oca1; ermmated ,or caus8 or Cle aul ; and B. Where the aoplicant is. unable to certify to any of the statements tm hth,s certifi.cat1on. he or she shall anach an explanation o t 1s appucatron. 1t,J tstabllshina an. ont;-gomg drug-tree awareness program to rnrorm employees aoou -. ( 1} The dangers of drugs abuse in the workplace; (2) The grantee's policy of maintaining a drug~free workplace; IJl Anv available drua counse1ing, renaoIiltat1on. and employee assrstance programs: -ana · (4) The nenalties that ma_y.be. imoos.ed uoon employees for drug al:1use vro1at1ons occurnng 1n me ~orKplace; (c\ MakinQ it a reowr~ment that each emp!ovee tof be enQaaed in tfie oerr.ormance or e grant ue given a copy o the statement required oy paragrap . tar rnj) Notifvi]Q the emplovee . in the statement reg1Jired by araoraoti a) th.at, as a ccme11ticn otempIqyment unoer the gran;, e ernpioy e wm-· OJP FORM 40131/6 (3-9 l 'i REPLACES OJP FORMS 406112 4062i3 AND 4061/i! WHICH ARE OBSOLETE 8{ 1 ) Abide by the terms of the statement; and (2~ Notify lhe emolover in wrm1 ino of his .or tier conviction for a v1 latsen o a cnm1 :lna, adIrl!.Q st um occurnnQ in the workplace no la er t11an ve ca enaar ays a er sucn con'11ct1on; <el No.tiiingtthe aQencv, in writin~whitl.">® calendar dal1after fete1vm rro ice t1t1c:ier sub~ara ~ . a trom an e oiee r otn wIs rece~1. a tua not, . uch. corw I n. gmolovers or nvIc ~2 0 ees m~st ~rovl,,!fnotice.l me~ 1n OS'ltlOfl title, . e a nt Of -s I • 'tj flee ut JUS I ro ram A : ro sk, . n 1a a Ave u N. . ~aihin9f6n,f~~h-2 gg\qd_ oi,ce s~ail 1~uM'e tne ,a'enifficat,oii number-cs) o eac a -ecte grant; m TakinQ one. of the1. followinQ action~ within 3(~)(~1end.ar clays of -receiving no ice. unaer suoo.c:1rG1grap11 u 4!J, w1tn re~pect to any employee who 1s so conv1ctea~ c1 l Taking aP,~rooii te Mirsonnel . action against such an ernolovee, uP ohar incl1 1na terrnmattQfl.3cons1stentdwd1th tne requirements o t e enao1 1 anon Act ot HU , as amen e ; or (2\ Requirioa such empl¥tee1.to oartic~· ate satisfactori~ in a dru~ al:f use assistance or t.e 1b1 1 atlon or cram acorove ror sue gurooses oy a tecieral..1. ate, or Iota 'Tlealth, ·1aw en orcemen , r ,~tner appropriate agc::ncy; (g) Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs (a), (b), (c), (d), (e), and (f). ~~. Thet_orantee mav insert in the soace .Provided below the tsite s fbI rre oerrormance of won< aone 1n connection w1tfi the ec1t1c grant Pia.Ge of Performance (Street address, city, country, state, zip coaeJ Check r if there are workplace on file that are not identified nere. Se.ction 67, 630~f the r!ulations Provides.that aHgrantee 1that is a tstate mrij ele to. ma e one cert1t1caflon in. eac t:edera fiscal :veab A co v o 6,11cn s ould~e mcl.1J ea w1tndea.ch BP.Pllcat1on Tor e.oa ent O lJJsl1ce TUB tn!J.. ::S ates an State agencies may erec o use I-' Form 4 ,n. Check 1-if the State has elected to complete OJP Form 406W. B. If convinced of a criminal drua offense resulting from a violation occurring during the conduct of any Qrant activity, I will report the convictlon, in writing, within 10 Calendar da_vs of the cQJl.viction, to: De.oartment of Justice~ Office of Justice fTrograms, ATTN: Control Desk, 633 Indiana ,-wenue, N.W., WashTngton, D.C. 20531. As the duly authorized representative of the applicant, I hereby certify that the applicant will comp!y with the above certifications. 1. Grantee Name and Address: CT.TY OF PALM SPRINGS THROUGH ITS POLICE DEPARTMENT 20i) S. CIVIC DRJVE PALM SPRINGS, CA 92262 2. Application Number_ and/or Project Name 3 Grantee IRSNendor Number 4. Typed Name and Title of Authorized Representative 6 Date 9ROSTER OF LOCAL, ST ATE, OR FEDERAL AGENCY PERSONNEL ASSIGNED TO THE DEA TASK FORCE Name of Agency: CITY OF PALM SPRINGS THROUGH ITS POLICE DEPARTMENT 1. Joseph Cook Attachment 2