HomeMy WebLinkAbout6/18/2003 - STAFF REPORTS (8) DATE: JUNE 18, 2003
TO: CITY COUNCIL
FROM: GARY JEANDRON, CHIEF OF POLICE
POLICE DEPARTMENT'S CONTINUED PARTICIPATION WITH THE UNITED
STATES DEPARTMENT OF JUSTICE DRUG ENFORCEMENT ADMINISTRATION
(DEA) IN THE PALM SPRINGS NARCOTICS TASK FORCE (PSNTF) IN WHICH THE
DEA BECOMES THE ADMINISTRATIVE BODY OF THE TASK FORCE
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to enter into,
and renew annually for five years, an agreement with the United States
Department of Justice Drug Enforcement Administration (DEA) in which the Drug
Enforcement Administration becomes the administrative body of the Palm
Springs Narcotics Task Force (PSNTF).
SUMMARY:
The Palm Springs Narcotics Task Force (PSNTF) has been in existence since
January 1999. Due to budget constraints within the participating agencies, it has
never reached full staffing and has operated with less than the allotted manpower
and restrictive overtime limits. The United States Department of Justice Drug
Enforcement Administration (DEA) has unspent funds allotted to its inland office
in Riverside that are available to our Task Force and could be utilized for
overtime costs, the addition of a DEA field agent to its compliment, and support
staff in the form of a Crime Analyst. The Memorandum of Understanding is for a
one-year period based on DEA fiscal year, to be renewed annually for five years
because of the increase in the amount of reimbursable costs each year.
BACKGROUND:
Since January 1999, the PSNTF has functioned throughout the Coachella Valley
as a multi-jurisdictional narcotic enforcement team. Although they have operated
with personnel shortages their arrests, seizures and convictions have been
impressive. They target major violators and hand off street-level dealers to the
Coachella Valley Narcotic Task Force whose efforts are directed to that group of
narcotic sellers and abusers.
The PSNTF is under the direct supervision and administration of the
Palm Springs Police Department. The officers of the task force are from the
Riverside County Sheriff's Department, the California Bureau of Narcotics
Enforcement, the Drug Enforcement Administration, and two detectives from the
Palm Springs Police Department. An FBI agent assigned to the Task Force by
that agency was pulled back after September 11, 2001 . The Indio Police
Department has committed an officer effective July 2003. OR
While budget constraints have hampered their operations, the current financial
crisis being experienced by all government agencies is threatening to disrupt all
forms of complex investigations that require shifts sometimes lasting more than
ten hours, or weekend and holiday responses. Attempts to flex work schedules
come into conflict with standing union contracts.
The DEA has offered to manage the Task Force, staff an additional agent to the
Task Force, pay necessary overtime costs and supply funds for staff support.
They would manage the Task Force via our standing supervisor who is a Palm
Springs Police Department sergeant, who would be deputized as a Federal
agent, as would all members of the Task Force. The DEA has funds available
that must be spent within the sphere of their Riverside office, and those funds
cannot be spent on start-up costs for a new task force. Our present Task Force
meets their criteria and allows for expansion into the desert region.
The DEA requires an annual agreement, based on their fiscal year. Each year
the amount of reimbursable costs are expected to increase because of cost of
living increases, therefore it is in the City's best interest to renew the agreement
on an annual basis instead of signing a five-year agreement in which the amount
of reimbursable costs would not change.
FISCAL IMPACT:
There would be an overtime savings of$9,801 per detective per year, with a total
savings of $29,403. In addition, training costs for the Palm Springs Police
sergeant and two detectives would be absorbed by the DEA. Last year, those
costs were $7,833. The Federal Government would reimburse the overtime to
the City in October, which is the start of their fiscal budget cycle. It is anticipated
that during their next fiscal year the reimbursable overtime amount would
increase to $10,800 per detective per year.
The City would continue to pay the salary and benefits of the involved personnel
and any overtime exceeding the overtime maximum as set by the Federal
Government. They City would realize up to 80% of any asset seizures
prosecuted in Federal Court, and up to 65% of any asset seizures prosecuted in
State Court by the PSNTF. Last year the gross seizure by the Task Force was
$580,000.
Gary Jean' 6'r
Chief of I'o ice Approved:
City Manager \
Attachments: '
1. Minute Order A
2. Agreement
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 Palm Springs Police Department
(hereinafter "PSPD") .
WHEREAS there is evidence that trafficking in narcotics and dangerous
drugs exists in the Palm Springs, CA area and that such illegal
activity has a substantial and detrimental effect on the health and
general welfare of the people of Palm Springs and the Coachella
Valley, the parties hereto agree to the following:
1 . The Palm Springs Task Force will perform the activities and duties
described below:
a. disrupt the illicit drug traffic in the Palm Springs, CA and
surrounding 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 Palm Springs Task Force, the
PSPD agrees to detail three (3) experienced officers to the Palm
Springs Task Force for a period of not less than two years . During
this period of assignment, the three (3) officers will be under the
direct supervision and control of DEA supervisory personnel assigned
to the Task Force.
3. The three (3) officers 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 three (3) officers 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 Palm Springs 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
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continuing resolution thereof, provide necessary funds and equipment
to support the activities of the DEA Special Agents and
three (3) officers 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 Palm Springs Task Force, the
PSPD will remain responsible for establishing the salary and benefits,
including overtime, of the three (3) officers 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 three (3) officers assigned to the Palm Springs Task Force
for overtime, up to a sum equivalent to 25 percent of the salary of a
GS-10, step 1, Federal employee (currently $9, 801 . 00) , per officer.
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 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 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
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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 from October 1, 2002 to
September 30, 2003 . 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:
Michele M. Leonhart
Special Agent in Charge
Los Angeles Field Division
For the Palm Springs Police Department :
CITY OF PALM SPRINGS
a municipal corporation,
�,dP
Gary Seandron, Chief f
Palm Springs Police Department 3 -j,�
Signatfi/r ',r Date
By Date:
David H. Ready, City Manager
Attest :
City Clerk
APPROVED AS TO FORM:
City Attorney 04500W
U.S. DEPARTMENT OF JUSTICE
OFFICE OF JUSTICE PROGRAMS
C
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 or contract under a
public transaction; violation of Federal or State antitrust
As required by Section 1352, Title 31 of the U.S. Code, and statutes or commission of embealement, theft, forgery,
implemented at 28 CFR Part 69, for ppersons entering into a bribery, falsification or destruction of records, making false
grant or cooperative agreement over 5100,000, as defined at statements,or receiving stolen property;
28 CFR Part 69.the applicant certifies that:
(c).Are not presently indicted for or otherwise criminally or
(a) No Federal appropriate funds have been paid or will be civilly charged by a governmental entity (Federal, State, or
ppaid, by or on behalf of the undersigned, to any person for in- local) with commission of any of the offenses enumerated in
fuencing or attempting to influence an officer or employee of paragraph(1)(b)of this certification;and
any agency, a Member of Congress, an o fficer 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
defined at 28 CFR Part 67 Sections 67.615 and 67.620-
(c1 The undersigned shall require that the language of this cer-
tiffication 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
use of a controlled substance is prohibited in the grantee's
2. DEBARMENT SUSPENSION,AND OTHER workplace and specifying the actions that will be taken against
RESPONSIBILITY 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 inform employees about-
Suspension, and implemented at 28 CFR Prt 67, for prospec-
tive participants in primary covered transactions, as defined at (1) The dangers of drugs abuse in the workplace;
28 CFR Part 67, Section 6 .510-
(2) The grantee's policy of maintaining adrug-free workplace;
A. The applicant certifies that it and its principals:
(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 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;
(c) Makinq it a requirement that each employee to be engaged
(b) Have not within a three-year period preceding this applica- 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 406116(3-91)REPLACES OJP FORMS 4061/2,406213 AND 4061/4 WHICH ARE OBSOLETE.
(1) Abide by the terms of the statement;and
(2) Nlatiotify the employer in writing of his or her conviction for a
vioon 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
affffer 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 of 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, ATTN: 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 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, Sub art F, for ggrantees, as
such purposes by a Federal, Slate, 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
fg) Making a good faith effort to continue to maintain a drug- 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),(a),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:
PALM SPRINGS POLICE DEPARTMENT
200 S. CIVIC DRIVE
PALM SPRINGS, CA 92262
2. Application Number and/or Project Name 3. Grantee IRSNendor Number
PALM SPRINGS TASK FORCE
4. Typed Name and Title of Authorized Representative
GARY JEANDRON, CHIEF
5. Signature 6. Date
IF IF
MINUTE ORDER NO.
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS
AUTHORIZING THE CITY MANAGER TO ENTER INTO, AND
RENEW ANNUALLY FOR FIVE YEARS, AN AGREEMENT WITH
THE UNITED STATES DEPARTMENT OF JUSTICE DRUG
ENFORCEMENT ADMINISTRATION (DEA) IN WHICH THE
DRUG ENFORCEMENT ADMINISTRATION BECOMES THE
ADMINISTRATIVE BODY OF THE PALM SPRINGS NARCOTICS
TASK FORCE (PSNTF)
I HEREBY CERTIFY THAT this Minute Order, authorize the City Manager to enter into,
and renew annually for five years, an agreement with the United States Department of
Justice Drug Enforcement Administration (DEA) in which the Drug Enforcement
Administration becomes the administrative body of the Palm Springs Narcotics Task
Force (PSNTF), was adopted by the City Council of the City of Palm Springs in a
meeting thereof held on the 18th day of June, 2003.
City Clerk