HomeMy WebLinkAbout2015-08-25; City Council; 22061; Cooperative Agreement US Deptartment of Justice Drug Enforcement for Narcotics Task Force Year 2016CITY OF CARLSBAD - AGENDA BILL
AB# 22,061 APPROVAL OF COOPERATIVE AGREEMENT
WITH THE U.S. DEPARTMENT OF JUSTICE
DRUG ENFORCEMENT AGENCY FOR THE
OPERATION OF THE NARCOTICS TASK FORCE
FOR FISCAL YEAR 2016
DEPT. DIRECTOR CJ^Ni.^
MTG. 08/iS/15
APPROVAL OF COOPERATIVE AGREEMENT
WITH THE U.S. DEPARTMENT OF JUSTICE
DRUG ENFORCEMENT AGENCY FOR THE
OPERATION OF THE NARCOTICS TASK FORCE
FOR FISCAL YEAR 2016
CITY ATTY.
DEPT. POUCE
APPROVAL OF COOPERATIVE AGREEMENT
WITH THE U.S. DEPARTMENT OF JUSTICE
DRUG ENFORCEMENT AGENCY FOR THE
OPERATION OF THE NARCOTICS TASK FORCE
FOR FISCAL YEAR 2016
CITY MGR.
RECOMMENDED ACTION:
Adopt Resolution No. 2015-212 authorizing the City of Carlsbad to enter into a Cooperative
Agreement with the US Department of Justice Drug Enforcement Agency (Exhibit 2) for operation of
the Narcotics Task Force for Fiscal Year 2016.
ITEM EXPLANATION:
The Narcotics Task Force includes 35 US Department of Justice Drug Enforcement Agency (DEA)
special agents, as well as officers from agencies throughout San Diego County. The purpose ofthe
task force is to disrupt illicit drug traffic by immobilizing violators and trafficking organizations. The
task force gathers intelligence, conducts investigations, and conducts undercover operations, which
results in effective prosecutions of offenders. The Carlsbad Police Department has assigned one
detective to the DEA Narcotics Task Force for more than a decade. The City of Carlsbad benefits
from this partnership, in that the resources ofthe Narcotics Task Force are utilized to investigate
illicit drug activity in the city.
By entering into this agreement, the Carlsbad Police Department agrees to assign a detective to the
task force. The detective will work under the direct supervision of the DEA.
FISCAL IMPACT:
The City of Carlsbad Police Department Is responsible for the salary and benefits of the detective
assigned to the Narcotics Task Force. The task force provides the detective with office space,
investigative supplies, training, travel funds, and other support items. The task force will reimburse
the Carlsbad Police Department for the detective's overtime, up to $17,548 for the fiscal year.
DEPARTMENT CONTACT: Fiona Everett 760-931-2279 fiona.everett@carlsbadca.gov
FOR CLERK USE.
COUNCIL ACTION: APPROVED CONTINUED TO DATE SPECIFIC •
DENIED • CONTINUEDTO DATE UNKNOWN •
CONTINUED • RETURNED TO STAFF •
WITHDRAWN • OTHER - SEE MINUTES •
AMENDED • REPORT RECEIVED •
ENVIRONMENTAL IMPACT:
Pursuant to Public Resources Code section 21065, this action does not constitute a "project" within
the meaning of CEQA in that it has no potential to cause either a direct physical change in the
environment, or a reasonably foreseeable indirect physical change in the environment, and therefore
does not require further environmental review.
EXHIBITS:
1. Resolution No. 2015-212 authorizing the City of Carlsbad to enter into a Cooperative Agreement
with the US Department of Justice Drug Enforcement Agency for operation ofthe Narcotics Task
Force for Fiscal Year 2016.
2. Cooperative Agreement between the US Department of Justice Drug Enforcement Agency and
the City of Carlsbad Police Department for operation of the Narcotics Task Force for Fiscal Year
2016.
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1 RESOLUTION NO. 2015-212
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2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CAUFORNIA, AUTHORIZING THE CITY OF CARLSBAD TO ENTER
INTO A COOPERATIVE AGREEMENT WITH THE US DEPARTMENT
4 OF JUSTICE DRUG ENFORCEMENT AGENCY FOR OPERATION OF
THE NARCOTICS TASK FORCE FOR FISCAL YEAR 2016
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WHEREAS, the City Council concurs that it is in the public interest to disrupt illicit drug
traffic by immobilizing violators and trafficking organizations; and
WHEREAS, the US Department of Justice, Drug Enforcement Agency, Narcotics Task
Force gathers intelligence, conducts investigations, and conducts undercover operations, which
11 results in effective prosecutions of offenders In San Diego county; and
^2 WHEREAS, the City of Carlsbad benefits from this partnership, in that the resources of
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the Narcotics Task Force are utilized to investigate illicit drug activity in the city; and
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WHEREAS, the Carlsbad Police Department has assigned one detective to Narcotics Task
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Force for more than a decade; and
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17 WHEREAS, The City of Carlsbad intends to participate in this agreement, by assigning a
18 detective to the task force.
19 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
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California, as follows that:
1. The above recitations are true and correct.
2. The Council approves and authorizes the Interim Police Chief to execute the
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24 Cooperative Agreement between the US Department of Justice Drug Enforcement
25 Agency (DEA) and the City of Carlsbad Police Department for operation of the
Narcotics Task Force for Fiscal Year 2016.
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3. The City of Carlsbad Police Department is responsible for the salary and benefits
of the detective assigned to the Narcotics Task Force. The task force provides the
detective with office space, investigative supplies, training, travel funds, and other
support items. The task force will reimburse the Carlsbad Police Department for the
detective's overtime, up to $17,548 for Fiscal Year 2016.
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AYES: Council Members Hall, Blackburn, Schumacher, Wood, Packard.
NOES: None.
ABSENT: None.
1 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City
2 of Carlsbad on the 25*'' day of August, 2015, by the following vote to wit:
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16 B^BARA ENGLESONf City Clerk
MATT HALL, Mayor
ATTEST
(SEAL)
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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
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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).
5. 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 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 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:
Date;
Name: William R. Sherman
Title: Special Agent in Charge
San Diego Field Division
For the Carlsbad Police Department:
Date;
Name:
Title: Chief of Police
I30N
CityAttorney
City of Carisbad
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 ofthis 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 shali be treated as a material
representation offset upon reliance will be placed when the Department of Justice determines to award the
covered transaction, grant, or cooperative agreement.
1. LOBBYING
As requin implernen . the U..S. .Code, an^
"aV3&'"at°2l^'"
and statutes j
;pK sfailr?ifenl! :s, or receiving stolen property; ing
fa) No Federal aopropnate fupds have been paid or will be paid, by or on behalf of the undersigned, to any person fpr Influencing or attempting to influence an officer or employee of any agency, a Member oT Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any Federal grant, the entering into of any cooperative agreement, ana extension, continuation, renewal, amendment, or modification of any Federal grant or cooperative agreement;
opmrnissioti aCany of the, (b) of this certifioatlon; and
L'yj^SyS 19*^*'" 3 three-year penod Drecedingihis application had .one or more public Iransattipns (Federa ."State, 6r loca) terminated for cause or defaulf; ancaf ^ > • i
B VVhere the,, applicant is. unable to certify to,, any ofthe statements in thiS'^certification, lie or sFie 'shall attach an expranation to this application.
W
Activ
„ncer or employee ol ^onaress in corinepti ^«^*'$!an^S^fiVLH itivities, in accordance with its instructions;
ror innuencing or < pLany agency, a Df Con&refs, orkn rtion wth this,Fed ersioned, shall co
I 4 eniployee of era] rant 0^
bying
IVIDUALS)
Ihe undersigned.shall require that the language pt this cer-„ ition oe inaiMea in the award documents fdr alrsubawards at all tiers, (incruding suDgranJs, coniracts .under qrants and
and s, as
coQperativL _ recipients sha ingly.
^rug-lrle^^f^pface^y:'®^ ^^^^ °'' ^° Provide a
IUN, ANUUIHtK
^a^l^Kgo^ishin,
use workpl iplb;
ees that the .ssession, or arantees :aKen against
As Su 1549, Debannent and
A. The applicant certifies that it and its principals:
(a) Are not presently debarred, suspended, proposed for debar-ment, declared inefioLble, sentenced to a denial of Federal benefits by a State orTederal court, or voluntarily excluded from covered transactions by any Federal department or agency;
fb) Have n.ot w/thLn a three-year period preceding this application been convicted otor had a civil.mdgmew rendered agalfst thern for commission of fraud or a crirniriaL offense in conirection with obtaining, attempting to obtain, or performing a
emplbyees for VKf!at'fo?i'o?s^ch^?o'^illtio'n;
fn%W^)l8ir^s^Sb§{Jt5°'"9 ar"9-fee awareness program to
(1) The dangers of drugs abuse in the workplace;
(2) The grantee's policy of maintaining a dmg-free workplace;
L^s'sltr^n&^l'^BB'rlmg-i^^""^^""^' ^^'^^'^'I'lafon. and employee
LM^Po?a^fc!lllU^c!iVrTnf in^fh'eW^^ employees for drug
Miyialangjt a requirement that each employee to^be engaged in thfe perfoflTianceMthe grant be given S copy ofthe statSment required by paragraph (af,
l^lJi9!^'h}'^9s Ihe employee. in the statement required by me e^p?oyee wN ' a ccrndition of emproyment underlne grant,
OJP FORM 4061/6 (3-91) REPLfliCES OJP FORMS 4061/2, 4062/3 AND 4061/4 VOTICH ARE OBSOLETE.
(1) Abide by the terms ofthe 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, ATTN: Control Desk, 633 Indiana Avenue,
N.W., Washington, 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 ofthe 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 health, law enforce-ment, or other appropriate agency;
fg) Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs (a), (B), (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 • 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-plication for Department of Justice funding: States and State agencies may elect to use OJP Form 4061/7.
Check • 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
implemented 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 distribution, dispensing, posses-sion, or use of a controlled substance in condition 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 of Justice, Oflice 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
25 60 Orion Way
Carlsbad, CA 92010
2. Application Number and/or Project Name 3. Grantee IRS/Vendor Number
4. Typed Name and Title of Authorized Representative
Chief of Police
5. Signature 6. Date
AS TO FORM
AUL G. EDMONSON
ssistant City Attomey
City of Carisbad 0