HomeMy WebLinkAbout9/18/2013 - STAFF REPORTS - 2.K. A LM sA9
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City Council Staff Report
DATE: September 18, 2013 CONSENT
SUBJECT: RENEW AGREEMENT WITH DRUG ENFORCEMENT AGENCY TO
PARTICIPATE IN TASK FORCE
FROM: David Ready, City Manager
BY: Palm Springs Police Department
SUMMARY
On June 18th 2003, Council approved minute order#7324 which authorized the police
department to participate in the Palm Springs Narcotics Task Force (PSNTF). Staff is
requesting Council to again approve participation in PSNTF on an annual basis for five
years.
RECOMMENDATION:
1. Renew an agreement with the Drug Enforcement Agency for a period of five
years until September 30th 2018.
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, and the task force is housed at the police department. The
task force is under the supervision of a DEA supervisor, and they concentrate on major
drug traffickers in the area. The unit has arrested several major drug dealers resulting
in significant terms in federal prison. The unit also 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.
ITEM NO. a 1�
City Council Staff Report
(September 18. 2013) -- Page 2
(DEA Task Force MOU)
FISCAL IMPACT:
There is no additional cost to the General Fund as this position is part of the authorized
personnel for the police department. By participating in the task force, the City shares
in the proceeds from forfeited assets. These seizures fund the day to day operations of
the task force, and excess assets are distributed to member agencies. The police
department uses seized funds to purchase other equipment not budgeted for in the
General Fund.
Alberto Franz Chi of Police David H. Ready, Ci nager
02
STATE AND LOCAL TASK FORCE AGREEMENT
BETWEEN
THE DRUG ENFORCEMENT ADMINISTRATION
AND
THE PALM SPRINGS POLICE DEPARTMENT
This agreement is made this 30th day of September, 2013,
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. 5 873 .
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 . 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 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 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 .
n3
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 $17, 202 . 25) , per
officer. 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
period of three (3) 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,
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
04
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
e dollar amount of
Federal funds for the project or program.
13. The term of this agreement shall be from the date in
paragraph number one (1) until September 30, 2014 . 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 PSPD during the
term of this agreement .
For the Drug Enforcement Administration:
Date:
Anthony D. Williams
Special Agent in Charge
Los Angeles Field Division
For the Palm Springs Police Department :
CITY OF PALM SPRINGS, a municipal corporation,
�&A4 w.?—/ Date:
Alberto Franz, II, '--hief
Palm Springs Police Department
By Date :
David H. Ready, City Manager
Attest:
City Clerk APPROVED AS TO FORM:
City Attorney
ATTACHMENTS:
(1) . OJP Form 4061/6 (3-91) : Certifications Regarding Lobbying;
Debarment, Suspensions and Other Responsibility Matters; and Drug Free
Workplace Requirements .
05
U.S. DEPARTMENT OF JUSTICE
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 (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 public (Federal, State, or local) transaction of contract under a
public transaction; violation of Federal or Slate antitrust
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 ppersons enteringg into a bribery, falsification or destruction of records, making false
ggrant or cooperative agreement over $100,000, as de fined at statements,or receiving stolen property;
28 CFR Part 69,the applicant certifies that:
a No Federal ap ro riale funds have been aid or will be (c) Are not presently indicted for or otherwise criminally or
(ppaid, b or Federal
behalf of the funds undersigned, to any person for bein- civilly charged by a governmental entit (Federal, State, or
Flail b or attempting to influence officer orpemployee of local) with commission of any of the offyenses enumerated in
9 P 9paragraph(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- td) Have not within a three-year period preceding this applica-
nection with the making of any Federal grant, the entering into ion 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
b If an funds other than Federal appropriated funds have statements in this certification, he or she shall attach an
( ) Y , 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
WThe undersigned shall require that the language of this cer- defined at 28 CFR Part 67 Sections 67.615 and 67.620-
ation be included in the award documents Tor 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
TIy MATTERS workplace and specifying the actions that will be taken against
(DIRECT RECIPIENT) employees for violation of such prohibition;
(b) Establishing an on-going drug-free awareness program to
As required by Executive Order 12549 Debarment and inform employees about-
Suspension, and implemented at 28 CFR Prt 67, for prospec-
tive participants in prima 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;
(3) Any available drug counseling, rehabilitation, and employee
(a) Are not presently debarred, suspended, proposed for debar- assistance programs;and
ment declared ineligible sentenced to a denial of Federal
benefits by a State or Vederal 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;
(c) Making ita requirement that each employee to be engaged
(rb) Have not within a three-year period preceding this applica- in the performance of the grant be given a copy of the state-
0 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 oonnec-
tion with obtaining, attempting to obtain,or performing a (d) Notifyin the employee in the statement required by
paragraph ?a) that, as a condition of employment under the
grant,the employee wlll-
OJP FORM 406116(3-91)REPLACES OJP FORMS 406M,406213 AND 406114 WHICH ARE OBSOLETE. n
(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
afHfer 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 o�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
Justice Programs, 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 fundingg. 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- 40611T
(1) Taking apppropriate personnel action against such an
employee, up to and including termination, consistent with the DRUG-FREE WORKPLACE
requirements of the Rehabilitation Act of 1973, 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 / certify that I will not engage
(g) Making a good faith effort.to continue to maintain a drug- in the unlawful manufacture distribution, dispensing, posses-
ffree workpplace 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 anyy grant activity,
the specific grant: will report the conviction, in writing within 10 calendar days
of the conviction, to: Department o{ 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:
PALM SPRINGS POLICE DEPARTMENT
200 S. CIVIC DRIVE
PALM SPRINGS, CALIFORNIA 92262
2. Application Number and/or Project Name 3. Grantee IRSNendor Number
PALM SPRINGS TASK FORCE
-4. Typed Name and Title of Authorized Representative
Alb o ra Chief
5. Signature 6. Date
07