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HomeMy WebLinkAboutA5711 - AGREEMENT WITH DRUG ENFORCEMENT ADMINISTRATION TO PARTICIPATE IN TASK FORCE CONTRACT ABSTRACT Contract Company Name: Drug Enforcement Administration Company Contact: William Bodner(Special Agent in Charge—Los Angeles Field Division) Summary of Services: Renew Agreement with Drug Enforcement Administration to Participate in Task Force Contract Price: $18,649 Funding Source: Contract Term: FY 2019-20 I Contract Administration Lead Department: Palm Springs Police Department Contract Administrator: Melissa Desmarais, Police Captain I Contract Approvals Council/Community Redevelopment Agency Approval Date: October 23, 2019 Agenda Item No./Resolution No.: R 1L Agreement No: S7 o c� Contract Compliance .o rn o 0 Exhibits: o "' Signatures: Z- Insurance: r", m = Bonds =, = .� < m A r Cn 2 x Contract prepared by: Captain Melissa Desmarais Submitted on: October 24, 2019 . By: Captain Melissa Desmarais iy ' � O V N Cqt1FORN�P CITY COUNCIL STAFF REPORT DATE: October 23, 2019 CONSENT 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, the City Council approved Minute Order#7324 which authorized the Police Department to participate in the Palm Springs Narcotics Task Force (PSNTF). Staff is requesting Council again approve participation in PSNTF. RECOMMENDATION: 1. Renew an agreement with the Drug Enforcement Administration through September 30, 2020; and 2. Authorize the City Manager to execute all necessary documents. STAFF ANALYSIS: The Police Department has been a member of the Palm Springs Narcotics Task Force (PSNTF) since its inception. The Task Force is housed at the Police Department and is under the supervision of a Drug Enforcement Administration Supervisor, concentrating on major drug traffickers in the area. The unit has arrested several 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. 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 City Council Staff Report October 23, 2019—Page 2 Agreement with Drug Enforcement Administration reimburse the Palm Springs Police Department for overtime costs incurred by the assigned officer, up to $18,649. 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. � I Bryan Reyes Jeffrey S. Ballinger Chief of Police City Attorney l David H. Ready, s City Manager Attachments: 1) Drug Enforcement Administration Agreement STATE -AND LOCAL TASK FORCE AGREEMENT BETWEEN THE DRUG ENFORCEMENT ADMINISTRATION ' LOS ANGELES FIELD DIVISION AND THE PALM SPRINGS POLICE DEPARTMENT PROGRAM - FUNDED STATE AND LOCAL TASK FORCE AGREEMENT This agreement is made this 1st day of October, 2019, between the United States Department of Justice, Drug Enforcement Administration (hereinafter 'IDEA") , and Palm Springs Police Department (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, the parties hereto agree to the following: 1. Task Force Group 1 (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 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 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 DER 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 PSPD 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 PSPD 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 $18,649.00) , per officer. Note: Task Force Officer's overtime "shall not Include any coats 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 period of three (3) years after termination of this agreement, whichever is later. 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, H and 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 or 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, 2020. 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 t figlEnforcement Administration: Date: SEP 12 2019 Special Agent in Charge Los Angeles Field Division For ) the Palm Springs Police Department: �( 'y/ f 1 4—, 1 LX44:2CU Date: Bryan Reyes, Mief of Police 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 United States Drug Enforcement, Los Angeles Field Division. APPROVED AS TO FORM David Ready, City Na 3 cfr�ATfORNEY ony Meji City C erk APPROVED BY CITY COUNCIL 'J U.S.DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PROGRAMS OFFICE OF THE COMPTROLLER CERTIFICATIONS REGARDING LOBBYING- DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS; AND DRUB-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 comppliance wRh certification requirements under 28 CFR Part 89, New Restrictions on Labbyin�"and 28 CFR Part 87,"Government-wide DepattmaM and Suspension(Nonprocurement)and Govemmentwide Requirements far Drug-Free Workplace(Grants)."The certifications shall be Veated 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. qq7. LOBBYINGsge�ccssoor� 1 52 meCode era,, nub c( ederel State, rdto�a�31) a e to oryQtr,�d.unr j ImpWn eaI&W Pe Yb•J l a 31 o aeh.S. I o2%�FR statements, oosio5en property; rb s, mmelting�a�. a a eppanoergrfies�r L 6))e No F re a na fu ds ave been aid o w 0 e d W.Are of preaenU�indir d i r or th iriminatly or aWiy pp�pp t� l a a ovate otr°engrs�s��enu�mer"aera ogle or 16�p1i wgR 1r or on 9 f 6T91e un to an n ter in ue an l7Dlnier a ni era rePh l V oft tte n influence an r or a an let o Ca p on;and aft rOr ng an rore Guys,I It an a o��a ode iingr o on reas rm i the ,m��ak�jn , an F rat rant ��t ante i too eort {,d Have not within a hre ar clod p[eoedi fh1 ep Ii Uoa amEndment, o �mo� i�Uan�Of any Feoeeral grant t�ro�operativ te�rminepeurformeoausguo�Mefaul(�an�r�ns lratlere�Sta�e. 8r�icaq agreement 1. Whe the a pI' unable to rtdy to an f the exp�e'itb}sf an r�ds of r than Federal�epprRow, (unds,have,tie�4n a e m th�aF o�r aUon, he or s ie shall a�ac� an naQan to this appp% or o an n n a or a m n uence a�o�cer ore oy°ee$ a 10 o� a c ,�o,np''r���o??rppem� to�_a'on al eaa n o° 3 DDRR4��.FFRREEE�WWROVRKPA'L p1�� �anoa't kofm o nLl re sdoaure 0 bymg (GRANTEES OTHER THAN IND1vIDUALS) ea, n aocerdonce wtti Atru ns; As ul b eCp�uQg-F W rl�lace o of 19 and ed WR eat A Paart 8�'�abnnl��1 one 'B20.s• as The ntla u etl is e a ur�d atrtrt ea axis s e �rrriii��►(► U ,�r{?� in �p� a RPM � I rant gores that rt will or vnn continue to provide a __ analfaeY��isclo§e� rtlir�y. urU�al3a� su�� arug�ewvrRp�aaa��. rea fen � �a� P�rb amid (aa��s�tetgp t notirylnp �f1 as tass tt Nee tllf011efl §U61a n cUadcll. elaDBf7eenn'3r woddcr.� eae e d s�a OnoY roc imi 2la�wn e a of �`�[IUN,ANDOTHER employees rVI a o su pre f on; 9 �;. bp In3� aired b .�c�urv�e r N barmen and MAVIRr�uoWl8unttpoing drug-tree awareness program,to r n, anrr,� ameMed �C�RPrt'6r %r�F' II CFR ar� it didn I re nsadrans, a§ Rn a (1)The dangers of drugs abuse in the workplace: A. The applicant certifies that it and its principals: (2)The grantees policy of maintaining a drug-free workplace; (a Are no preadn0 aborted, susp8nded. p ad f r dear- MsiAsrf&$rog�mgan�unseung, rehabmtanon, and employee fn�nt§ ure�I to, sfntencea to a � �ai o�Federel ke t h Deed ne to a ta(e i edera court or voluntan ex u edgf% (4j)�hQMaons o ajrrT n�hf �onepragn employees for drug covered l�ansaWons b an Federal ddee r�nentora en y� Ma 'n�n an re�i nt n t each emul Py tog the soa�l�emen�mm��Have nAt w,t��'rr,,a Pea h e- ea ad n t iS a 11 Uon ce rienmeegran rven tiden convidedb[ rPaWw ��effi--��e��,st�fc reG� Pare9raPe 4, r mmison F 8�rd g�en,orpe tomrarneeem con n taffi g•a ern n o o d Nofi �, 9gr�9 ern to in he totem nt red b Ira rep'fi�)mo� aseca�r�Nonof'emp�oymen�un or gran OJP FORM 406116(3.91)REPLACES oJP FORMS 4olim,4062r3 AND 406114 WHICH ARE OBSOLETE. 1 (1)Abide by the terms of the statement;and fair a°crPneee1edr�r e 'I' a ;sdr'� a�h�a �ceno er an rve ca a or so r su oo n; a N ti in e e e in wdtin th` Iendor da a attar r��ce �e�suD ra Lnp appp)rroo r�ane o Cehceck r there are workplace on file that are not identified {to_�igl�ioa�iIn . R� yr a e ko h Tl9i cluoe t'fie�erin(�Ifi t od 8 Stapn 67 6�0 f the �uoa0ons v as that ea i m�iier )01 each hg� ea yl�ma �e e 'c�io Sr� iip �°a wi�fiacep'TicaUon may °Ipe�touseoy UJF cenR �Ceeies an�Sa a �genaes T one of the foilowi ecl ns within 3 lend r ys �ecerving noti unaar su &��,a raph (d)( wiM if the State has elected to complete OJP Form respectto any employee w°�o is so oonvr end Check f 406117. ek,ing appro� p, , n �e iel n i~ kw�rs�stnentsuw 1�°re R� p�EE yypRKPLp�E req�il7Em�n�o e e r n o as amend or W%TEES WHO ARE INDMDUALS) ga�OUSIVIN 101112�`�.� te�ihe k�°vn roo �' P ale � �r 7'"' g �a °e and i other appropha a agency! or o ea en rcema erne a e e ds art p ,q�a dition f a granL lCe rtity at I will not an ti e in ( f�akir�g ood fairy�effort t ,eonttiinue to ma In a dry f e are un a kr�manuf°�c ure 065if�krls d a�nsm� Quo rk���cQt�udugh rr l ementa�ron of paragraphs(s�,(b), `�),(�), a gram en�°ntro(�e sdbsTanoe m can n �a vTy wr�h `BJ 71�e`l'�')rantee ma msac m the ce, rov(ded below the ite B. If convinced of ri 1 g at drrruuuggg offinse resultin"9_fro a r lt� rtonn�nce or work Mane A connecLon wah �e violation occumP during vle eondlr Roan rant acuvdy,�°w� �a grarr report (he anwcdon m �on,dyhrvtfi �nkrdsetir d yit o the ° on�ioQ�esk°GridanaAvene°N.1IV cQNasnros' of Performance (Street address, city, country, state, zip D.C.20531. gton, As the duly authorized representative of the applicant,I hereby certify that the applicant will amply with the above certifications. 1. Grantee Name and Address.- PALM SPRINGS POLICE DEPARTMENT 200 S. CIVIC DRIVE PALM SPRINGS, CA 92262 2. 'Application Number and/or Project Name 3. Grantee IRSNendor Number RIVERSIDE TASK FORCE 4. Typed Name and Title of Authorized Representative CHIEF BRYAN REYES S. Signature 6. Date ROSTER OF LOCAL, STATE, OR FEDERAL AGENCY PERSONNEL ASSIGNED TO THE DEA TASK FORCE Name of Agency. PALM SPRINGS POLICE DEPARTMENT 1. Sam Steepleton (TFI) Attachment 2