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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. 1 hi bfb ! 1 RESOLUTION NO. 2015-212 3 26 27 28 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 5 6 7 8 9 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 13 the Narcotics Task Force are utilized to investigate illicit drug activity in the city; and 14 WHEREAS, the Carlsbad Police Department has assigned one detective to Narcotics Task 15 Force for more than a decade; and 16 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, 20 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 21 22 23 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. 3 1 2 3 4 5 6 7 // 8 // 9 // 10 // 11 // 12 13 // 14 // 15 // 16 // 17 // 18 19 // 20 // 21 // 22 // 23 // 24 // 25 26 // 27 28 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. 17 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: 3 4 5 6 7 8 9 10 11 12 13 14 15 16 B^BARA ENGLESONf City Clerk MATT HALL, Mayor ATTEST (SEAL) ''Mnii'^ 18 y^^e:c,'^ 19 20 21 22 23 24 25 26 27 28 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 io 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