HomeMy WebLinkAboutUnited States Department of Justice, DEA; 2015-09-13;STATE AND LOCAL TASK FORCE AGREEMENT
SAN DIEGO INTEGRATED NARCOTIC TASK FORCE
(NTF)
This agreement is made this thirtieth day of September, 2015, between
the United States Department of Justice, Drug Enforcement
Administration (hereinafter "DEA"), and the Carlsbad, CA, Police
Department (hereinafter ''CBPD"). 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 County of San Diego, CA area and that such illegal
activity has a substantial and detrimental effect on the health and
general welfare of the people of the County of San Diego, the parties
hereto agree to the following:
1. The San Diego Integrated Narcotic Task Force (herinafter "NTF")
will perform the activities and duties described below:
a. disrupt the illicit drug traffic in the County of San Diego
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 NTF, the CBPD agrees to detail
one (1) experienced officer to the NTF for a period of not less than
two years. During this period of assignment, the CBPD officer will be
under the direct supervision and control of DEA supervisory personnel
assigned to the Task Force.
3. The CBPD 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 CBPD officer assigned to the Task Force shall be deputized as
Task Force Officers of DEA pursuant to 21 U.S.C. 878.
5. To accomplish the objectives of the NTF, DEA will assign thirty-
five (35) 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 the CBPD officer assigned
2
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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, funds for overtime
costs described below, some clerical support and other support items.
If the CBPD provides the Task Force Officer with a vehicle, the DEA
will pay for fuel (only if these services pertain to your current Task
Force Agreement) .
6. During the period of assignment to the NTF, the CBPD will remain
responsible for establishing the salary and benefits, including
overtime, of the officers assigned to the Task Force, and for making
all payments due them. DEA will, subject to availability of funds,
reimburse the CBPD for overtime payments made by it to CBPD officer
assigned to the NTF for overtime, up to a sum equivalent to 25 percent
of the salary of a GS-12, step 1, (RUS) Federal employee (currently
$17,548.00), 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 CBPD charge any indirect cost rate to DEA for
the administration or implementation of this agreement.
8. The CBPD 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 CBPD 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 CBPD shall maintain all such reports and records until
all litigation, claim, 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 CBPD 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 CBPD 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 CBPD acknowledges
that this agreement will not take effect and no Federal funds will be
awarded to the CBPD by DEA until the completed certification is
received.
12. When issuirig 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 CBPD 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 29, 2016. 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 CBPD during the term
of this agreement.
For the Drug Enforcement Administration:
Name:
Title: Special Agent in Charge
San Diego Field Division
For the Carlsbad Police Department:
.,/ 4' . ~-&;~--
Name: Neil Gallucci
Title: Chief of Police
-N
ss1stant City Attorney
City of Carlsbad
Date:
Date:
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.
(a) No Federal appropriate funds have been paid or will be paid, by or on behalf of the undersigned, to any P,erson for influencing or attempting to influence an officer or employee of any agency, a Member or Congress, an officer or emP,loyee of Congress, or an employee of a Member of ConQress in connection with the making of any Federal Qrant fhe entering into of anY, cooperative agreement, ana extension, continuation, renewal, amendment, or modification of any Federal grant or cooperative
agreement;
frb~.lf any .fuBds other than Federal,a[pro8riated funds~have.been ld or w1 1 e ~1d to anv J)erson .o 1nt1 enc1no or at mptino t~ ID uence an o cer or e1liJIIo~ee o aa9 a~ent:r, a ember o G re s a 1cer or emp1o ee o.t Con re o a e lo e o a 'f.5l~mger o7 ~onoress 1nhco ne~t1on t_t1 gls1 e3er~Pq~nf or co~pe.ratl)l.8 aoreelne.nt, t e unc ersiQDSu Sha corup e1e and u n:nt ~tanaard t-orm . - . LL. ""Uisclosure ot obbymg ~c IVItles, 1n accordance w1th 1ts 1nstruct1ons;
lmr 11:1e unders11o,.Qed .shgll reqUidredthat the laoouaoe gt thlsdcer~-1 cat1on b~ me cr!..ied m t e awar ocuments tdi a1rsu awar s a a t1ers. mcludm s rants ontract undEr r nt a cooperat1v h a.ore~~en~s"g a.nd1 su5contracTs) ana t~af arr surr:i-reclplents s alrceril/y anu diSC ose accordmg y.
fl...s required by. Executive Order 12549, .pebarment and S,hJ~p,ensi~J;l· .and 1molemented att2ti CFRt Prt 6 ,.. tar orosoectllle P;r~cfPa'W'S'?,I'1;f6{[2W5{3'r~!ed ransac 1ons, a"' dennea at Lti
A. The applicant certifies that it and its principals:
(a) Are not presentlY. debarred, suspended, proposed for debar-ment declared ineligible, sentenced to a denial of Federal benefits by a State or-Federal court, or voluntarily excluded from covered transactions by any Federal department or agency;
~b l Have n.ot within a !hree-)'ear peariod wrecedjno this applitcation e'en conv1cted ot or •• ad a c1v1 .ru 10[1e t rendered aoau:ts them or c.ommiSSJon of. traud or a cnmura o ense m conrrect1on With obta1mng, attempting to obtain, or pe orm1ng a
~u~Jic (Ftederalt. State,. or tlocal) tra~action or c~tract undter a u IC ransac 1on; . ViOla 1onf of ederal or "a~ anfi rust t utes o . commiSSIOn em e Iemen ,,e , . tor e , r~ervJ.. fafs1ficat100. or des~ructlon of recor~s, ma 1ng ~al~e staten'lt::nts, or rece1vmg stolen property;
lcl Aredn.ot J)resentlv indicted fotrtor(otherwi1se~ crtiminaljv or1~civltY tliarTe Pv a .Qovemmental .. en 1 :v t-ed era ta e, or oca w1 n s:;o)m JSSI011 o.rfian.v ot th~ ottenses enumei'a ed 1n paragra fl 1) \D o thiS certl 1canon; anu
ndl Have not within a ghre~vear pteriod fl.(ecedin1 g thtis application) ad :one orf more pu >IIC ansac·1ons (t-ed era , S ate, or local l ermmated or cause or de ault; and
Bt. tWherte thethaPplicartnt is.unable to certify Jo 11 anvt of the s a emen s t1nth IS ce .ifittcat1on, he or she s,,a attach an explanation o 1s appuca 10n.
Ad. I he aP.Pilcant cert1t1es that 1t Will or Will continue to provide a rug-tree worKplace oy:
(a l 1-'lJb/IShlnO a stat~ment . nOtltvln~ ewloyees th.at the UlilawtlJ maiTufacture, ISirlbUtiOil., diS WSI ,. pfliSSeSSIOn, c;>r use ot a controlled. su s ance IS pror 1 1te m e orantee s workJ:>Iace and SReclfymg he act1oas. ~ha WI be aKeiT agamst employees tor Vldlatlofl oT such proh1b1t1on;
fbJ l=stabiiShlno anbont-gomg drug-tree awareness program to rnrorm employees a ou -
(1) The dangers of drugs abuse in the workplace;
(2) The grantee's policy of maintaining a drug-free workplace;
f::l \ Anv available aruq counseling, rehabilitatiOn, and employee aSSIStance programs; Clnd
141 The Pcenalties that mqy.be. imoosed uoon employees for drug atfuse v o1at1ons occurnng m me worKplace;
tel Makino it a requirement that each emplovee tof blie enoaoed in t •• e oertdobnnance ot th~ grant be g1ven a copy o t e statement reqUire y paragraph (a};
mil Notifvi]q the employee. in the statement required bv araqraph al that, as a cond1t1on of employment under1he gran!, e employ e w111-
OJP FORM 4061/6 (3-91) REPLACES OJP FORMS 4061/2, 4062/3 AND 4061/4 WHICH ARE OBSOLETE.
(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 notice under subparagraph (d)(2) from an
employee or otherwise receiving actual notice of such convic~
tion. Employers of convicted employees must provide notice,
including_ position title, to: Department of Justice, Office of
Justice Programs, ATIN: Control Desk, 633 Indiana Avenue, N.W., Wasli1ngton, D.C. 20531. Notice shall include the iden-
tification number(s) of each affected grant;
(f) Taking one of the following actions, within 30 calendar
days of receiving notice under . subparagraph (d)(2), with
respect to any employee who is so convicted-
(1) Taking appropriate personnel action against such an
employee, up to and including termination, consistent with the
requirements of the Rehabilitation Act of 1973, as amended; or
(2) Requiring such employee to participate satisfactorily in a
drug abuse assistance or rehabilitation program approved for
such purposes by a Federal, State, or local liealth, law enforce-
ment, or other appropriate agency; ·
(g) Making a good faith effort to continue to maintain a drug-
free workplace through implementation of paragraphs (a), (o),
(c), (d), (e), and (f).
B. The grantee may insert in the space provided below the
site(s) for the performance of work done in connection with
the specific grant:
Place of Performance (Street address, city, country, state, zip
code)
Check 0 if there are workplace on file that are not identified here.
Section 67, 630 of the regulations provides that a grantee that is a State may elect to make one certification in each Federal
fiscal year.· A copy of which should be included with each ap-
P.Iication for Department of Justice funding: States and State
agencies may elect to use OJP Form 4061/7.
Check D if the State has elected to complete OJP Form 4061/7.
DRUG.FREE WORKPLACE
(GRANTEES WHO ARE INDIVIDUALS)
As required by the Drug-Free Workplace Act of 1988, and
imP.Iemented at 28 CFR -part 67, Subpart F, for grantees, as
defined at 28 CFR Part 67; Sections 67.615 and 67.620-
A. As a condition of the grant I certify that I will not engage
in the unlawful manufacture\ aistribution, dispensing, posses-sion, or use of a control ed substance in cona1tion any
activity with the grant; and
B. If convinced of a criminal drug offense resulting from a
violation occurring during the conduct of any grant activity, I
will report the conviction, in writing, within 10 calendar days
of the conviction, to: Department or Justice, Office of Justice
Programs, ATTN: Control Desk, 633 Indiana Avenue, N.W.,
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:
.Carlsbad Police Department
2560 Orion Way
Carlsbad, CA 92010
2. Application Number and/or Project Name
4. Typed Name and Title of Authorized Representative
Neil Gallucci Chief of Police
5. 0:Signature
"'2 / ~ /:tY
7 ~ //. ---//_~'(. ~'~;d.--;?C--<--
. . u
Assistant City Attorney
City of Carlsbad
3. Grantee IRSNendor Number
6. Date