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Resolution No. 2010-106RESOLUTION NO. 2010-106 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND AUTHORIZING THE EXECUTION OF A STATE AND LOCAL TASK FORCE AGREEMENT BY AND BETWEEN THE CITY OF VERNON AND THE UNITED STATES DRUG ENFORCEMENT ADMINISTRATION REGARDING THE SOUTHWEST BORDER INITIATIVE TASK FORCE WHEREAS, the City Council of the City of Vernon desires to enter into an Agreement with the United States Drug Enforcement Administration ("DEA") regarding the Southwest Border Initiative Task Force ("Task Force"); and WHEREAS, the Task Force will work to disrupt illicit drug traffic in the area by immobilizing targeted violators and trafficking organizations, gather and report intelligence data relating to trafficking in narcotics and dangerous drugs, and 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; and WHEREAS, one detective of the Vernon Police Department has been assigned to the DEA Task Force since July 2008; and WHEREAS, participation in -Task Force activities has proved beneficial to the City and the business community resulting in significant revenue for the City through asset forfeiture; and WHEREAS, in a staff report dated July 12, 2010, the Police Department recommended that the City enter into a new agreement with the DEA to allow the Vernon detective to continue to participate in Task Force activities through September 30, 2011. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: SECTION 1: The City Council of the City of Vernon hereby finds and determines that the recitals contained hereinabove are true and correct. SECTION 2: The City Council of the City of Vernon hereby approves the State and Local Task Force Agreement in substantially the form attached hereto as Exhibit A and incorporated by reference and authorizes the City Administrator, or his designee, to negotiate with the DEA modifications to the Agreement which in the opinion of the City Administrator and the City Attorney will better protect the City. SECTION 3: The City Council of the City of Vernon hereby authorizes the City Administrator, or his designee, to execute said Agreement for, and on behalf of, the City of Vernon as attached in Exhibit A, or alternatively, to execute a modified Agreement if the changes negotiated with the DEA are approved by the City Attorney, and the City Clerk is hereby authorized to attest thereto. SECTION 4: The City Council of the City of Vernon hereby directs the City Clerk, or the City Clerk's designee, to send an executed Agreement to the DEA Los Angeles Field Division Office before September 1, 2010. SECTION 5: The City Council of the City of Vernon hereby authorizes the City Administrator, or his designee, to take whatever actions are deemed necessary or desirable for the purpose of implementing and carrying out the purposes specified in the Agreement. 2 SECTION 6: The City Clerk of the City of Vernon shall certify to the passage, approval and adoption of this resolution, and the City Clerk of the City of Vernon shall cause this resolution and the City Clerk's certification to be entered in the File of Resolutions of the Council of this City. APPROVED AND ADOPTED this 2nd day of August, 2010. ATTE T: 1% Will rd G. a u i, City Clerk Hilario Gonzales Name: Title: Mayor /4 ayor - 3 - STATE OF CALIFORNIA ) )ss COUNTY OF LOS ANGELES ) I, Willard G. Yamaguchi, City Clerk'of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 2010-106, was duly passed, approved and adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Monday, August 2, 2010, and thereafter was duly signed by the Mayor or Mayor Pro -Tern of the City of Vernon. Executed this day of Augus 2010, at Vernon, California. Willa d �#ag6hi, City Clerk (SEAL) 4 Ito STATE AND LOCAL TASK FORCE AGREEMENT BETWEEN THE DRUG ENFORCEMENT ADMINISTRATION AND THE CITY OF VERNON This agreement is made this _th day of , 2010, between the United States Department of Justice, Drug Enforcement Administration (hereinafter "DEA"), and the City of Vernon, a California charter city and municipal corporation, on behalf of the Vernon Police Department (hereinafter "VPD"). WHEREAS there is evidence that trafficking in narcotics and dangerous drugs exists in the Los Angeles County area and that such illegal activity has a substantial and detrimental effect on the health and general welfare of the people of the City of Vernon, the parties hereto agree to the following: 1. The Southwest Border Initiative Task Force will perform the activities and duties described below: a. disrupt the illicit drug traffic in the 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 Southwest Border Initiative Task Force, the VPD agrees to detail one experienced officer to the Southwest Border Initiative Task Force. During this period of assignment, the VPD officer will be under the direct supervision and control of DEA supervisory personnel assigned to the Task Force. 3. The VPD 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 VPD officer assigned to the Task Force shall be deputized as a Task Force Officer of DEA pursuant to 21 U.S.C. Section 878. 5. To accomplish the objectives of the Southwest Border Initiative Task Force, DEA will assign Special Agents to the Task Force. DEA will also, subject to the availability of 5 annually appropriated funds or any continuing resolution thereof, provide necessary funds and equipment to support the activities of the DEA Special Agents and 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. The VPD officer 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. 7. The term of this agreement shall be from October 1, 2010 through September 30, 2011. 8. This agreement maybe terminated by either party on thirty (30) days advanced 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 the VPD officer during the term of this agreement. 9. This Agreement shall be interpreted and enforced according to the laws of the State of California. 10. Any action at law or in equity brought by either of the parties hereto for the purpose of enforcing a right or rights provided for by this Agreement shall be tried in a court of competent jurisdiction in the County of Los Angeles, State of California, and the parties hereto waive all provisions of law providing for a change of venue in such proceedings to any other county. 11. In the event of litigation between the parties arising out of or connected with this Agreement, the prevailing party in such litigation shall be entitled to recover, in addition to any other amounts, reasonable attorney's fees and costs of such litigation. 12. This Agreement and any attached exhibits constitute the entire agreement between the City and the DEA and shall supersede all other agreements, whether written or oral, respecting the subject matter of this Agreement. 13. This Agreement may not be modified except by an instrument in writing signed by each party's duly authorized representative. 14. This Agreement may be executed in separate counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same agreement. -- Signatures Next Page -- 0 IN WITNESS WHEREOF, the parties have signed this Agreement on the date stated in the introductory clause. Drug Enforcement Administration: City of Vernon: Name: Title: 7 Mayor / Mayor Pro-Tem ATTEST: Willard Yamaguchi, City Clerk APPROVED AS TO FORM: Laurence S. Wiener, City Attorney ATTACHMENTS: (1). OJP Form 4061/6 (3-91): Certifications Regarding Lobbying; Debarment, Suspensions and Other Responsibility Matters; and Drug Free Workplace Requirements (2). Roster of Local, State, or Federal Agency Personnel Assigned to the United States Drug Enforcement, Los Angeles Field Division, Southwest Border Group Two Task Force U.S. DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PROGRAMS 'o 3 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 form. 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 Debarment and Suspension (Nonpro-curement) and Government -wide Requirements for Drug -Free Workplace (Grants)." The certifications shall be treated as a material representation of fact upon which reliance will be placed when the Department of Justice determines to award the covered transaction, grant, or cooperative agreement. 1. LOBBYING As required by Section 1352, Title 31 of the U.S. Code, and public (Federal, State, or local) transaction or contract under a implemented at 28 CFR Part 69, for persons entering into a public transaction; violation of Federal or State antitrust statutes or commission tembezzlement, theft, forgery, grant or cooperative agreement over $100,000, as defined at bribery, falsification vdestruction of records, making false 28 CFR Part 69, the applicant certifies that: statements, or receiving stolen property; (a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for in- fluencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in con- nection with the making of any Federal grant, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal grant or cooperative agreement; (b) If any funds other than Federal appropriated funds have 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 an employee of a Member of Congress in connection with this Federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, "Disclosure of Lobbying Activities," in accordance with its instructions; (c) The undersigned shall require that the language of this cer- tification be included in the award documents for all subawards at all tiers (including subgrants, contracts under grants and cooperative agreements, and subcontracts) and that all sub - recipients shall certify and disclose accordingly. 2. DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS (DIRECT RECIPIENT) As required by Executive Order 12549, Debarment and Suspension, and implemented at 28 CFR Part 67, for prospec- tive participants in primary covered transactions, as defined at 28 CFR Part 67, Section 67.510— (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three-year period preceding this applica- tion had one or more public transactions (Federal, State, or local) terminated for cause or default; and B. Where the applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application. 3. DRUG -FREE WORKPLACE (GRANTEES OTHER THAN 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. The applicant certifies that it will or will continue to provide a drug -free workplace by: (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 workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing an on -going drug -free awareness program to inform employees about— (1) The dangers of drug abuse to the workplace; (2) The grantee's policy of maintaining a drug -free workplace; A. The applicant certifies that it and its principals: (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (a) Are not presently debarred, suspended, proposed for debar- (4) The penalties that may be imposed upon employees for ment, declared ineligible, sentenced to a denial of Federal drug abuse violations occurring in the workplace; benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department (c) Making it a requirement that each employee to be engaged or agency; in the performance of the grant be given a copy of the state- ment required by paragraph (a); (b) Have not within athree-year period preceding this applica- tion been convicted of or had a civil judgment rendered against (d) Notifying the employee in the statement required by para- them for commission of fraud or a criminal offense in connec- graph (a) that, as a condition of employment under the grant, tion with obtaining, attempting to obtain, or performing a the employee will— OJP FORM 4061/6 (3-91) REPLACES OJP FORMS 406112, 4061/3 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; (a) 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: Departmeri"t 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 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 health, 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), (b), (c), (d), (a), 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, county, state, zip code) Check ❑ if there are workplaces on file that are not indentified 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 406117. 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 conducting any activity with the grant; and B. if convicted 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, 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: City;,of Vernon Vernon Police Department 4305 Santa Fe Ave, Vernon, CA 90058 2. Application Number and/or Project Name 4. Typed Name and Title of Authorized Representative 5. Signature 3. Grantee IRSNendor Number 6. Date -u.s.Govemmenttrnnungumce:IV=- auo-uJrtquvw ROSTER OF LOCAL, STATE, OR FEDERAL AGENCY PERSONNEL ASSIGNED TO THE UNITED STATES DRUG ENFORCEMENT ADMINISTRATION LOS ANGELES FIELD DIVISION SOUTHWEST BORDER GROUP TWO TASKFORCE NAME OF AGENCY: CITY OF VERNON OFFICE OF THE CITY CLERK 4305 Santa Fe Avenue, Vernon, California 90058 Telephone (323) 583-8811 August 4, 2010 Julie L. Hamilton, Counsel Drug Enforcement Agency, 255 E. Temple Street, 20th Floor Los Angeles, CA 90012 Re: Local Task Force Agreement for the P Dear Ms. Hamilton: of October 2010 — September 30, 2011 Transmitted herewith are two partially executed original State and Local Task Force Agreements approved by City Council on A st 2, 2010, through Resolution No. 2010-106. Please ensure that a fully e cuted-original agreement is returned to the attention of the undersigned. If you have any ques ons, please contact Daniel Calleros at (323) 583-8811 extension 116. Thank you. Very, truly yours, WI LARD G. AG C I City Clerk WGY:dj Attachments c: Daniel Calleros James Rodino Resolution No. 2010-106 Agreement File No. 10-054 Exclusively Industrial STATE AND LOCAL TASK FORCE AGREEMENT BETWEEN OO / THE DRUG ENFORCEMENT ADMINISTRATION 411/ AND THE CITY OF VERNON This agreement is made this 2nd tk day of August , 2010, between the United States Department of Justice, Drug Enforcement Administration (hereinafter "DEA"), and the City of Vernon, a California charter city and municipal corporation, on behalf of the Vernon Police Department (hereinafter "VPD"). WHEREAS there is evidence that trafficking in narcotics and dangerous drugs exists in the Los Angeles County area and that such illegal activity has a substantial and detrimental effect on the health and general welfare of the people of the City of Vernon, the parties hereto agree to the following: 1. The Southwest Border Initiative Task Force will perform the activities and duties described below: a. disrupt the illicit drug traffic in the 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 Southwest Border Initiative Task Force, the VPD agrees to detail one experienced officer to the Southwest Border Initiative Task Force. During this period of assignment, the VPD officer will be under the direct supervision and control of DEA supervisory personnel assigned to the Task Force. 3. The VPD 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 VPD officer assigned to the Task Force shall be deputized as a Task Force Officer of DEA pursuant to 21 U.S.C. Section 878. 5. To accomplish the objectives of the Southwest Border Initiative Task Force, DEA will assign Special Agents to the Task Force. DEA will also, subject to the availability of 5 annually appropriated funds or any continuing resolution thereof, provide necessary funds and equipment to support the activities of the DEA Special Agents and 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. The VPD officer 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 1. . 7. The term of this agreement shall be from October 1, 2010 through September 30, 2011. 8. This agreement may be terminated by either party on thirty (30) days advanced 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 the VPD officer during the term of this agreement. 9. This Agreement shall be interpreted and enforced according to the laws of the State of California. 10. Any action at law or in equity brought by either of the parties hereto for the purpose of enforcing a right or rights provided for by this Agreement shall be tried in a court of competent jurisdiction in the County of Los Angeles, State of California, and the parties hereto waive all provisions of law providing for a change of venue in such proceedings to any other county. 11. In the event of litigation between the parties arising out of or connected with this Agreement, the prevailing party in such litigation shall be entitled to recover, in addition to any other amounts, reasonable attorney's fees and costs of such litigation. 12. This Agreement and any attached exhibits constitute the entire agreement between the City and the DEA and shall supersede all other agreements, whether written or oral, respecting the subject matter of this Agreement. 13. This Agreement may not be modified except by an instrument in writing signed by each party's duly authorized representative. 14. This Agreement may be executed in separate counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same agreement. -- Signatures Next Page -- 0 IN WITNESS WHEREOF, the parties have signed this Agreement on the date stated in the introductory clause. Drug Enforcement Administration: City of Vernon: Name: v Mayor / Mayor Pr -Tem Title: TEST: ZI Aillarda , Cit erk TO FO Laurence S. Wiener, City Attorney 7 ATTACHMENTS: (1). OJP Form 4061/6 (3-91): Certifications Regarding Lobbying; Debarment, Suspensions and Other Responsibility Matters; and Drug Free Workplace Requirements (2). Roster of Local, State, or Federal Agency Personnel Assigned to the United States Drug Enforcement, Los Angeles Field Division, Southwest Border Group Two Task Force 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 form. 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 Debarment and Suspension (Nonpro-curement) and Government -wide Requirements for Drug -Free Workplace (Grants)." The certifications shall be treated as a material representation of fact upon which reliance will be placed when the Department of Justice determines to award the covered transaction, grant, or cooperative agreement. 1. LOBBYING Section 1352, Title 31 of the U.S. Code, and public (Federal, State, or local) transaction or contract under a As required by S implemented at a CFR Part Tit for persons entering into a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, grant or cooperative agreement over $100,000, as defined at bribery, falsification or destruction of records, making false 28 CFR Part 69, the applicant certifies that: statements, or receiving stolen property; (a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for in- fluencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in con- nection with the making of any Federal grant, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal grant or cooperative agreement; (b) If any funds other than Federal appropriated funds have 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 an employee of a Member of Congress in connection with this Federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, "Disclosure of Lobbying Activities," in accordance with its instructions; (c) The undersigned shall require that the language of this cer- tification be included in the award documents for all subawards at all tiers (including subgrants, contracts under grants and cooperative agreements, and subcontracts) and that all sub - recipients shall certify and disclose accordingly. 2. DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS (DIRECT RECIPIENT) As required by Executive Order 12549, Debarment and Suspension, and implemented at 28 CFR Part 67, for prospec- tive participants in primary covered transactions, as defined at 28 CFR Part 67, Section 67.510— 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) Have not within a three-year period preceding this applica- tion been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connec- tion with obtaining, attempting to obtain, or performing a (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three-year period preceding this applica- tion had one or more public transactions (Federal, State, or local) terminated for cause or default; and B. Where the applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application. 3. DRUG -FREE WORKPLACE (GRANTEES OTHER THAN 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. The applicant certifies that it will or will continue to provide a drug -free workplace by: (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 workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing an on -going drug -free awareness program to inform employees about— (1) The dangers of drug abuse in the workplace; (2) The grantee's policy of maintaining a drug -free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the. workplace; (c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the state- ment required by paragraph (a); (d) Notifying the employee in the statement required by para- graph (a) that, as a condition of employment under the grant, the employee will— OJP FORM 406116 (3-91) REPLACES OJP FORMS 406112, 4061/3 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; (a) 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: Departmert 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 $0. 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 health, 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), (b), (c), (d), (a), 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, county, state, zip code) Check ❑ if there are workplaces on file that are not indentified 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 406117. Check ❑ if the State has elected to complete OJP Form 406117. DRUG -FREE WORKPLACE (GRANTEES WHO ARE INDIVIDUALS) As required by the Drug -Free Workplace Act of 198B, 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 conducting any activity with the grant; and B. If convicted 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, 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:, City, cif Vernon Vernon Police Department 4305 Santa Fe Ave, Vernon, CA 90058 2. Application Number and/or Project Name H;lario Gonzales, Mayor 4. Typed Name and Title of Authorized Representative 5. Signature 3. Grantee IRSNendor Number Z-e%a 'U.S. Gowmmsnt PdnVng 0Mce:19N- 40M7/40014 ROSTER OF LOCAL, STATE, OR FEDERAL AGENCY PERSONNEL ASSIGNED TO THE UNITED STATES DRUG ENFORCEMENT ADMINISTRATION LOS ANGELES FIELD DIVISION SOUTHWEST BORDER GROUP TWO. TASKFORCE NAME OF AGENCY: CITY OF VERNON G RECEIVED °� s�� 5�`' JUL 1 3 ZOIU gVELY iNOJ - - STAFF REPORT CITY CLERK'S OFFICE VERNON POLICE DEPARTMENT DATE: July 12, 2010 TO: Honorable Mayor and City Council Y Y FROM: Daniel Calleros, Captain RE: Drug Enforcement Administration Agreement Purpose The purpose of this memorandum is to request approval from the City Council for the execution of the 2010-2011 agreement between the Drug Enforcement Administration (DEA) and the City of Vernon, for the continued participation in the Southwest Border Initiative (SWBI) taskforce. Facts Since 2008 the Police Department (PD) has participated in the SWBI narcotics investigation taskforce, which is operated by members of DEA. The PD currently has a detective assigned to the SWBI taskforce. The goal of the SWBI narcotics taskforce is to disrupt illicit drug traffic in the area by immobilizing targeted violators and trafficking organizations, gather and report intelligence data relating to trafficking in narcotics and dangerous drugs. In addition, SWBI taskforce conducts undercover operations where appropriate and engages in other traditional methods of investigations to provide effective prosecutions. Participation in the SWBI taskforce has been advantageous for the PD as the assigned detective has gained vast experience and knowledge from the taskforce. In addition, the taskforce has provided the PD significant revenue from asset forfeiture proceeds. In order for the PD to continue participating in the SWBI taskforce, an annual agreement provided by DEA must be reviewed and approved by City Council In 2009, the City Council approved continued participation in the SWBI taskforce, under Resolution 10060. City legal staff has reviewed and approved the proposed 2010-2011 DEA SWBI agreement. E JUIFw e 2010 —. gin. Recommendation request that the DEA 2010-2011 agreement for continued participation in the SWBI taskforce be presented to City Council for approval. Fiscal Impact None Attachments: • DEA 2010-2011 agreement • Copy of Resolution # 10060 VERNON POLICE DEPARTMENT OFFICE MEMORANDUM TO: Donal O' Callaghan, City Administrator FROM: James Rodino, Interim Chief of Police SUBJECT: Drug Enforcement Administration Agreement DATE: July 12, 2010 The attached staff report is to request Council to ratify an agreement between the City of Vernon and the Southwest Border Initiative taskforce (SWBI) at the August 2, 2010, Council meeting. SWBI is the creation of the United States Department of Justice, Drug EnforcementAgency (DEA). The goal of the SWBI is to disrupt illicit drug trafficking by immobilizing targeted violators and trafficking organizations. To accomplish the stated objectives the SWBI utilizes: undercover operations; intelligence gathering; and, traditional methods of investigations. We currently have one detective assigned to the SWBI. His participation on the taskforce has been invaluable in terms of the experience and knowledge he has been able to acquire while on the team. Our participation on this taskforce has also resulted in significant revenue for the City through asset forfeiture. This agreement, if ratified by Council, will allow us to continue our participation on the taskforce. In 2009, the Council approved a similar agreement allowing continued participation on the SWBI, under Resolution #10060. The City Attorney's staff has reviewed and approved the 2010-2011 SWBI agreement as to form. R-ECEIVED JUL 1 2 2010 B ►�_3_.. 10 11 12 13 14 15 16 17 18 60 WIN 21 22 23 24 25 1 26 27 28 RESOLUTION NO. 10,060 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND AUTHORIZING THE EXECUTION OF A DISTRICT OR RESIDENT OFFICE STATE AND LOCAL TASK FORCE AGREEMENT BY AND BETWEEN THE CITY OF VERNON POLICE DEPARTMENT AND THE UNITED STATES DEPARTMENT. OF JUSTICE, DRUG ENFORCEMENT ADMINISTRATION REGARDING SOUTHWEST BORDER INITIATIVE TASK FORCE WHEREAS, the City Council of the City of Vernon desires to enter into an Agreement with the United States Department of Justice, Drug Enforcement Administration ("DEA") regarding the Southwest Border Initiative Task Force ("SBG2"); and WHEREAS, the SBG2 will work to disrupt illicit drug traffic in the area by immobilizing targeted violators and trafficking' organizations, gather and report intelligence data relating to trafficking in narcotics and dangerous drugs, and conduct_under_cover operations.where appropriate and engage in other traditional methods of investigation in order that the Task Force's activities will result in effective prosecution; and WHEREAS,'one detective of the Vernon Police Department has been assigned to the DEA SBG2 since July 2008; and WHEREAS, participation in SBG2 has proved beneficial to the City'and the business community resulting in the City receiving. an estimated $85,000,00 in asset forfeiture money in-2008; WHEREAS, the City Council of the City of Vernon has determined that, pursuant to.the provisions of subsection (a).of. Section 2.27 of the Vernon City Code, it is in the public interest and necessity to enter into an agreement with DEA to enhance the capability of the Vernon Police Department to provide services to citizens, 1 2 3 4 5 6 7 8 9 13 14 15 16 17 18 19 20 21 22 P-As 24 25 26 27 28 residents, businesses and employees .in the City of Vernon. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: SECTION 1: The City Council of the City.of Vernon hereby finds and determines that the recitals contained hereinabove are true land correct. SECTION 2: The City Council of the City of Vernon -hereby approves the agreement in substantially the form attached hereto as Exhibit A and.incorporated by reference and authorizes the City Administrator, or his.designee, to negotiate with the DEA modifications to the Agreement, which in the opinion of the City Administrator and the City Attorney will better protect the City. SECTION 3: The City Council of the City of Vernon hereby authorizes the City Administrator, or his designee, to execute said Agreement for, and on'behalf of, the City of Vernon as attached in Exhibit A, or alternatively, to execute a modified Agreement if the changes negotiated with the DEA are approved by the City Attorney,' and the City Clerk is hereby authorized to attest thereto. SECTION 4: The City Council of the City of Vernon hereby directs the.City Clerk, or her designee, to send an executed Agreement to SAC Timothy Landrum of the DEA Los Angeles Field.Division Office before September 1,.2009. SECTION 5: The City Council of the City of Vernon hereby authorizes the City Administrator, or his designee, to take whatever actions are deemed necessary or desirable for the purpose of implementing and carrying out the purposes specified in the Agreement. - 2 - 1 SECTION 6° The, C.ty Clerk, o-f the City of Vernon shall 2 "certify to'the ,passage, approval ;and adoptiron of this res°o.lu;t'onand 5 the City Clerk of the City o,�f Vernon sha11 ca-use this reso`lut`i-on;and, ;her certi_f Cation to' be. :en eyed in the Book of Resolutions of the 5 , C,ounc 1 of this City. 6 APPROVED AND ADOPTED this 31st day of August, 2009.. 7 g Name: Hiar.io Gonzales, 10. Tit!,e 11 A TEST:z 12 , I�IANUELATRON, C Y.Cle�fl7c 13 14 15 - 16 1 1$ . 19. . 20, °.;• 21 24 25: Ff 26 27 28 -: - 3 ro --- .... .... _ � . . :.® duly v 140 \ »//§y{d %dam & pte'd:/Y A/ems ${Y Q c of \ems , { £5. $0 4. The VPD officer(s) assigned to the Task Force shall be deputized as Task Force Officers of DEA pursuant to 21 U.S.C. Section 878. 5. To accomplish the objectives of the Southwest Border Initiative Task Force, DEA will assign 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 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. The VPD officer(s) 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,Hand I. 7. The term of this agreement shall be from the date of signature by representatives of both parties to September 30, 2010. 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 VPD officer(s) during the term of this agreement. For the Drug Enforcement Administration: Date: Name Title For the Vernon Police Department: Name Title Date ATTEST:. By: Manuela Giron, City Clerk 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 As required by Section 1352, Title 31 of the U.S. Code, and implemented at 28 CFR Part 69, for persons entering'into-a grant or cooperative agreement over $100,000, as defined at 28 CFR Part 69, the applicant certifies that: (a) No Federal appropriate funds have been paid or will be ppaid, by or on behalf of the undersigned, to any person for in- fluencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress In con- nection with the making of any Federal grant, the entering into of any cooperative agreement, and extension, continuation, renewal, amendment, or modification of any Federal grant or cooperative agreement; (b) If any funds other than . Federal appropriated funds have 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 an employee of a Member of Congress In connection with this FedoraI grant or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, "Disclosure of Lobbying Activities;' in accordance with its instructions; i((c The undersigned shall require that the Ian uage of. this cer- lvIcation be Included in the award documents -fora all subawards at all tiers (including subgrants, contracts under grants and cooperative agmoments, and subcontracts) and that all sub - recipients shall certify and disclose accordingly. RESPONSIBILIW MATTERS ON, AND OTHER (DIRECT RECIPIENT) As required by Executive Order 12549 Debarment and Suspension, and Implemented at 28 CFR Prt 67, for prospec- tive participants In primary covered transactions,. as defined at 28 CFR Part 67, Section 67.510- A. The applicant certifies that it and Its principals: (a) Are not present)y, 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; fb) Have not within a three-year period preceding this applica- ion been convicted of or had a civil Judgment rendered against them for commission of fraud or a criminal offense in connec- tion with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement theft forgery, bribery, falscation or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or clvill charged byy a governmental entity (Federal, State, or loca� with commission of any of the offenses enumerated in paragraph (1)(b). of this certification; and (d) Have not within a three-year period preceding this applica- ttion had one or more public transactions (Federal, State, or local) terminated for cause or default; and B: Where the applicant .is unable to certify to any of the statements In this certification, he or she shall attach an explanation to this application. 3. DRUG -FREE WORKPLACE (GRANTEES OTHER THAN 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.g15 and 67.620- A. The applicant certifies that it will or will continue to provide a drug -free workplace by: . (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 workplace and speclfyln the actions that will be taken against employees for violation o� such prohibition; (b) Establishing an on -going drug -free awareness program to inform employees about- (1) The dangers of drugs abuse in the workplace; . (2) The grantee's policy of maintaining a drug -free workplace; assistance programs andunseling, rehabilitation, and employee (4) The penalties that may, be Imposed upon employees for drug abuse violations occurring In the workplace; (c) Making it a requirement that each employee to be engaged in the pertormance of the grant be given a copy of the state- ment required by paragraph (a); (d) Notifyin the employee In the statement required by paragraph �a) that, as a condition of employment under the grant, the employee will- OJP FORM 4061/6 (3-91) REPLACES OJP FORMS 4061/2, 406213 AND 4061/4 WHICH ARE OBSOLETE. . . . ,,,1. . 1. i i (1,) Abide,by,the�t"errns of the statement;,and f&2) Notify�t e e gyer�in writing of his or her conviction far iolatId oa cr minal dru statute occurring In' the .workplace ' . _ _. ,: � no l9 Ahan faue,Celeridar a�ays after such convection; ,..:.:.I..:I�.I1.II� .�­II-�-I,­­��� (e Notifying Ili' agency in vrrattng wathm 10 Calendar. days ` a or ,receiving . rtoti4e under subparagra h (tl)(2) from" "an �� i m Check ❑ .(f there are workplace on fite that are,:not atlentltled iI,,:1:�.._1�I,I.I.�.���.;.;..�..,�I ertlplo a or otheiwaserepei(iang actual notice 9f such ooriutc- taon E�maploydrs of conutcled efiployees must -provide, notice her"e.' Includanq ^pasatton title to Depaitment ,of J0,06 Office;. of Justice Prpa �ms, ATtN ,. a orjtrol �dsk 633:.Indlana Avenue; Seetia7n„0T; 630 of thejegulations provides that„e;grantee that . Is a, State, niay elect1.to make o ie eertificatioii iri a fch Fetle�al ...h N.yV s Washington D:C 2 3 t�otatlee shall irialude the; ideh= taficaUon number(sj of;each affetea grit, .:-"�..��r�r.�- fiscal year A'cgPy of which:should be included yathI a' piication for Di3partmeni of Justice fundin�gg Siates abcf=' StBta i a to.u"se OJR Form 4D6j/7 (f) Taking ne of the following actions, within 30 .cetei5tlar, days of re luangt, rlot[a.e under subcarag"raph (d)(?) with' agencies may ect Check ❑ of xthe State has a eoled-;to ;complete OJI? .Form ,'.�.II1�II.�:...I.I..— respect Many employee who is so convicted; 40611 , (1) Taking approprlafe per Ong aIa ag�anst " p1 an employee, up to and-includingg termini$ ion c0nistent , tka the DRUG 1�.��yy►ORI'�AGE .-_":. regyarements,of the Rehabjhtatiorf Act,of`18�3, as amended, or" (GRAN7�S WHO.ARE INDIVIDOALS) (2) Requirir g. h employee, to participate satlsfactorl(y in a drug abuse assistarlce;or rehabfl"tatlon program aiproved foi such by a;ederpl S"late, or `(aw As'repulred by the,, Dru Fre„e W,ofkplace Act implertaerited at 28 G�FR a , ti7,xSubpp rt F Part=67 `S_ctagns of 19$$, for'gqrantees and al's purt?o`S.es (ocai health e(tforca3- ctairied at 28 GFR 67 6,15 and 67 620= meet orothefapprop�lateagency 2 ((g),: Meking n good faith, effort c continue free,w - to maintain xa tlru' - A As a condition of the grant I G.e w that I wall not engage � In the unlawful manufacture � dtOrjba iar?n; disfien"sin , ,p'oss`es- ` ,intr60, lace thr,.ouph ampliYrraentation gf;pa`ragraphs -,(a), (b,, (cpV) (e� and (f): sion or use . of a c substaalce. an congdataon any activityCvith thesgraht, and ' B The grantee mayuansert rin the space provt led„be)ota,tha3 sites) for the performance: of work .,tlone In eohnection with B„ I , cgnvinned„of a erimmal..dru :offense resiilti g frairrt e viofatlon occurring tluring the con aiquct of any grniactav'aty,: I, ' ; the §pecafic giant will report the.: convection m writing within 10 of tfie canvictibn to Department of Juste e, malontlor days, Office of Justice Place of Performance. (Sireaa,iatldress, city, country state, z(p code) Programs A7TNY Control Desk, 833% ihdffn :Avenue N W., Washington pC 2b531', i III.III.I.:..I : As the. duly authorized ,representative of the applicant, I `hereby certify that the applicant will comply with the above;ceftificatons. II ­�,-..1.�Irr..." ­1 ,'-:IIII.I�­"III.,r .II.�II�I,-I..:�1.Irrr.���.�.� :I'IIII;1-,;,Irr:.�. 1.; Grantee Name and'Address: . Ctty� of Vernon , Vernon .i561ice;; Deprttnent 4305 Soui t� Santa E i_PM Mai VQxnon, (CA 90Q58 � 1 �-,.I.�I� 2. Application Nufitier andlgr Profect. Name Z. Gra3nte 1R51Vendor Nurntier Dona% G'Gana hen, ;Gtq Adminyatrata5r ,,. - 1..rrrr:.,1 4, Typed Nome and Title of Authorized Repr`eseMative � 9 0 f 5. ;Signature rr..,�q' 6. Dante j 'r I , � .�...I� , ,. ROSTER OF LOCAL, STATE, OR FEDERAL AGENCY PERSONNEL ASSIGNED TO THE UNITED STATES DRUG ENFORCEMENT ADMINISTRATION LOS ANGELES FIELD DIVISION SOUTHWEST BORDER GROUP TWO TASK FORCE i NAME OF AGENCY: CITY OF VERNON CITY CLERK'S OFFICE INTEROFFICE MEMORANDUM DATE: September 28, 2010 TO: Daniel Calleros, Police Captain FROM: Willard Yamaguchi, City Clerk RE: Resolution No. 2010-106 — A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a State and Local Task Force Agreement by and Between the City of Vernon and the United States Drug Enforcement Administration Regarding the Southwest Border Initiative Task Force Transmitted herewith is a copy of Resolution No. 2010-106, referenced above, which was approved by City Council on August 2, 2010, along with two partially executed original agreements for your transmittal. Upon execution, please ensure that a fully executed original agreement is returned to this office. Thank you. WY:dj c: James Rodino Resolution No. 2010-106 Agreement 10-054 STATE AND LOCAL TASK FORCE AGREEMENT BETWEEN THE DRUG ENFORCEMENT ADMINISTRATION THE CITY OF VERNON This agreement is made this 2nd1h day of August , 2010, between the United States Department of Justice, Drug Enforcement Administration (hereinafter "DEA."), and the City of Vernon, a California charter city and municipal corporation, on behalf of the Vernon Police Department (hereinafter "VPD"). WHEREAS there is evidence that trafficking in narcotics and dangerous drugs exists in the Los Angeles County area and that such illegal activity has a substantial and detrimental effect on the health and general welfare of the people of the City of Vernon, the parties hereto agree to the following: 1. The Southwest Border Initiative Task Force will perform the activities and duties described below: a. disrupt the illicit drug traffic in the 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 Southwest Border Initiative Task Force, the VPD agrees to detail one experienced officer to the Southwest Border Initiative Task Force. During this period of assignment, the VPD officer will be under the direct supervision and control of DEA supervisory personnel assigned to the Task Force. 3. The VPD 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 VPD officer assigned to the Task Force shall be deputized as a Task Force Officer of DEA pursuant to 21 U.S.C. Section 878. 5. To accomplish the -objectives of the Southwest Border Initiative Task Force, DEA will assign Special Agents to the Task Force. DEA will also, subject to the availability of 5 12720-0009\1243258v3.doc annually appropriated funds or any continuing resolution thereof, provide necessary funds and equipment to support the activities of the DEA Special Agents and 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. The VPD officer 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 1. 7. The term of this agreement shall be from October 1, 2010 through September 30, 2011. 8. This agreement may be terminated by either party on thirty (30) days advanced 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 the VPD officer during the term of this agreement. 9. To the extent that it is consistent with federal law, this Agreement shall be interpreted and enforced according to the laws of the State of California. 10. Any action at law or in equity brought by either of the parties hereto for the purpose of enforcing a right or rights provided for by this Agreement shall be tried in federal court in the County of Los Angeles, State of California, and the parties hereto waive all provisions of law providing for a change of venue in such proceedings to any other county. 11. In the event of litigation between the parties arising out of or connected with this Agreement, the prevailing party in such litigation shall be entitled to recover, in addition to any other amounts, reasonable attorney's fees and costs of such litigation. 12. This Agreement and any attached exhibits constitute the entire agreement between the City and the DEA and shall supersede all other agreements, whether written or oral, respecting the subject matter of this Agreement. 13. This Agreement may not be modified except by an instrument in writing signed by each party's duly authorized representative. 14. This Agreement may be executed in separate counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same agreement. -- Signatures Next Page -- 6 12720-0009\1243258v3.doc IN WITNESS WHEREOF, the parties have signed this Agreement on the date stated in the introductory clause. Drug Enforcement Administration: City of Vernon: Name: Mayor 1 Mayor Pro-T m Title: EST: Willard Yama ch', Cit erk APPR VED S TO FO M: Laurence S. Wiener, City Attorney 7 12720-0009\1243258v3.doc . ATTACHMENTS: (1). OJP Form 4061/6 (3-91): Certifications Regarding Lobbying; Debarment, Suspensions and Other Responsibility Matters; and Drug Free Workplace Requirements (2). Roster of Local, State, or Federal Agency Personnel Assigned to the United States Drug Enforcement, Los Angeles Field Division, Southwest Border Group Two Task Force 8 12720-0009\1243258v3.doc a 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 form. 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 Debarment and Suspension (Nonpro-curement) and Government -wide Requirements for Drug -Free Workplace (Grants):' The certifications shall be treated as a material representation of fact upon which reliance will be placed when the Department of Justice determines to award the covered transaction, grant, or cooperative agreement. 1. LOBBYING As required by Section 1352, Title 31 of the U.S. Code, and public (Federal, State; or local) transaction or contract under a implemented at a CFR Part Tit for 31 of he entering into a public transaction; violation of Federal or State antitrust statutes or commission tembezzlement, theft, forgery, grant or cooperative agreement over $100,000, as defined at bribery, falsification vdestruction of records, making false 28 CFR Part 69, the applicant certifies that: statements, or receiving stolen property;. (a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for in- fluencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in con- nection with the making of any Federal grant, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal grant or cooperative agreement; (b) If any funds other than Federal appropriated funds have 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 an employee of a Member of Congress In connection with this Federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, "Disclosure of Lobbying Activities,' in accordance with its instructions; (c) The undersigned shall require that the language of this cer- tification be included in the award documents for all subawards at all tiers (including subgrants, contracts under grants and cooperative agreements, and subcontracts) and that all sub - recipients shall certify and disclose accordingly. 2. DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS (DIRECT RECIPIENT) As required by Executive Order 12549, Debarment and Suspension, and Implemented at 28 CFR Part 67, for prospec- tive participants in primary covered transactions, as defined at 28 CFR Part 67, Section 67.510— 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) Have not within a three-year period preceding this applica- tion been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connec- tion with obtaining, attempting to obtain, or performing a (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three-year period preceding this applica- tion had one or more public transactions (Federal, State, or local) terminated for cause or default; and B. Where the applicant is unable to certify to any of the statements in this. certification, he or she shall attach an explanation to this application. 3. DRUG -FREE WORKPLACE (GRANTEES OTHER THAN 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. The applicant certifies that it will or will continue to provide a drug -free workplace by: (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 workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing an on -going drug -free awareness program to inform employees about— (1) The dangers of drug abuse in the workplace; (2) The grantee's policy of maintaining_a drug -free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties, that may be imposed upon employees for drug abuse violations occurring in the workplace; (c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the state- ment required by paragraph (a); (d) "Notifying the employee in the statement required by para- graph (a) that, as a condition of employment under the grant, the employee will— OJP FORM 4061/6 (3-91) REPLACES OJP FORMS 4061/2, 4061/3 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: Departmert 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 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 health, 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), (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, county, state, zip code) Check ❑ if there are workplaces on file that are not indentified 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 406117. 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, 1 certify that I will .not engage In the unlawful manufacture, distribution, dispensing, posses- sion, or use of a controlled substance in conducting any activity with the grant; and B. If convicted 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, Office of Justice Programs, ATTN: Control Desk, 633 Indiana Avenue, N.W., Washington, D.C. 20531. As the duly authorized representative -of the applicant, 1 hereby certify that the applicant will comply with the above certifications. 1. Grantee Name and Address: City,,of Vernon Vernon Police Department 4305 Santa Fe Ave, Vernon, CA 90058 2. Application Number and/or Project Name 3. Grantee IRSNendor Number Mark Whitworth, City Administrator 4. Typed Name and Title of Authorized Representative 5. Signature 6. Date V.S. Govemmant Printing Me:199B- 405437140014 ROSTER OF LOCAL, STATE, OR FEDERAL AGENCY PERSONNEL ASSIGNED TO THE UNITED STATES DRUG ENFORCEMENT ADMINISTRATION LOS ANGELES FIELD DIVISION SOUTHWEST BORDER GROUP TWO TASKFORCE NAME OF AGENCY: CITY OF VERNON STATE AND LOCAL, TASK FORCE AGREEMENT BETWEEN THE DRUG ENFORCEMENT ADMINISTRATION AND THE CITY OF VERNON This agreement is made this,�?61h day of Au�rs�t , 2010, between the United States Department of Justice, Drug Enforcement Administration (hereinafter "DEA"), arid the City of Vernon, a California charter city and municipal corporation, on behalf of the Vernon Police Department (hereinafter "VPD"). WHEREAS there is evidence that trafficking in narcotics and dangerous drugs exists in the Los Angeles County area and that such illegal activity has a substantial and detrimental effect on the health and general welfare of the people of the City of Vernon, the parties hereto agree to the following: I. The Southwest Border Initiative Task Force will perform the activities and duties described below: a. disrupt the illicit drug traffic in the 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 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 Southwest Border Initiative Task Force, the VPD agrees to detail one experienced officer to the Southwest Border Initiative Task Force. During this period of assignment, the VPD officer will be under the direct supervision and control of DEA supervisory personnel assigned to the Task Force, 3. The VPD 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 VPD officer assigned to the Task Force shall be deputized as a Task Force Officer of DEA pursuant to 21 U.S.C. Section 878, 5. To accomplish the objectives of the Southwest Border Initiative Task Force, DEA will assign Special Agents to the Task Force. DEA will also, subject to the availability of S 12720-0009\1243258v3.doc' annually appropriatedfunds or any continuing resolution thereof, provide necessary funds and equipment to support the activities of the DEA Special Agents and 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. The VPD officer 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 1. 7. The term of this agreement shall be from October 1, 2010 through September 30, 2011. 8. This agreement may be terminated by either party on thirty (30) days advanced 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 the VPD officer during the term of this agreement. 9. To the extent that it is consistent with federal law, this Agreement shall be interpreted and enforced according to the laws of the State of California. 10. Any action at law or in equity brought by either of the parties hereto for the purpose of enforcing a right or rights provided for by this Agreement shall be tried in federal court in the County of Los Angeles, State of California, and the parties hereto waive all provisions of law providing for a change of venue in such proceedings to any other county. 11. In the event of litigation between the parties arising out of or connected with this Agreement, the prevailing party in such litigation shall be entitled to recover, in addition to any other amounts, reasonable attorney's fees and costs of such litigation. 12. This Agreement and any attached exhibits constitute the entire agreement between the City and the DEA and shall supersede all other agreements,' whether written or oral, respecting the subject matter of this Agreement. 13. This Agreement may not be modified except by an instrument in writing signed by each party's duty authorized representative. 14. This Agreement may be executed in separate counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same agreement: -- Signatures Next Page -- 6 12720-0009\1243258v3.doc IN WITNESS WHEREOF, the parties have signed this Agreement on the date stated in the introductory clause. Drug nforcemel Aii City of Vernon: Name:Mayor /Mayor Pro-T m Title: rk C KlC ►� \' EST: Willard Yama ch', Cit erk APPR VED S TO FO M: 1 Laurence S.'Wiener, City Attorney 7 12720-0009\1243258v3.doc ATTACHMENTS: (1) OJP Form 4061/6 (3-91): Certifications Regarding Lobbying; Debarment, Suspensions and Other Responsibility Matters; and Drug Free Workplace Requirements (2). Roster of Local, State, or Federal AgencyPersonnel Assigned to the United States Drug Enforcement, Los Angeles Field Division, Southwest Border Group Two Task Force 8 12720-0009\1243258v3.doc U.S. DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PROGRAMS OFFICE OF THE COMPTROLLER CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MAiTERS; 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 form. 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 Debarment and Suspension (Nonpro-curement) and Government -wide Requirements for Drug -:Free Workplace (Grants)." The certifications shall be treated as a material representation of fact upon which reliance will be placed when the Department of Justice determines to award the covered transaction, grant, or cooperative agreement. 1. LOBBYING As required by Section 1352, Title 31 of the U.S. Code, and public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or Stale antitrust statutes Implemented at 28 CFR Part Tit for persons entering Into a grantor cooperative agreement over $100,000, as defined at or commission falsification embezzlement, theft, forgery, 28 CFR Part 68, the applicant certifies that bribery, nts,rece receiving destruction p records, making false statements, or receiving stolen property; (a) No Federal appropriated funds have been paid or will be (c) Are not presently Indicted for or otherwise criminally or paid, by or on behalf of the undersigned, to any person for In- civilly charged by a governmental entity (Federal, State, or fluencing or attempting to Influence an officer or employee of any local) with commission of any of the offenses enumerated in agency, a Member of Congress, an officer or employee of paragraph (1)(b) of this certification; and Congress, or an employee of a Member of Congress in con- nection with the making of any Federal grant, the entering into (d) Have not within athree-year period preceding this applica- of any cooperative agreement, and the extension, continuation, tion had one or more public transactions (Federal, State, or renewal, amendment, or modification of any Federal grant or local) terminated for cause or default; and cooperative agreement; B. Where the applicant is unable to certify to any of the (b) If any funds other than Federal appropriated funds have statements In this certification, he or she shall attach an been paid or will be paid to any person for influencing, or at- explanation to this application, tempting to Influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress In connection with this 3. DRUG -FREE WORKPLACE .Federal grant or cooperative agreement, the undersigned shall (GRANTEES'OTHERTHAN INDIVIDUALS) complete and submit Standard Form -,LLL, 'Disclosure of Lobbying Activities,' in accordance with its instructions; As required by the Drug -Free Workplace Act of 1888, and (c) The undersigned shall require that the language of this car- implemented at 28 CFR Part 67 Subpart'F, for grantees, as tificatlon be Included in the award documents for all subawards defined at 28 CFR Part 67 Sections 67,615 and 67.620— ` at all tiers (including subgrants, contractsunder grants and A. The applicant certifies that It will or will continue to provide cooperative agreements, and subcontracts) and that all sub- a drug -free workplace', by; 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 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 grder 12549, Debarment and inform employees about — Suspension, and implemented at 28 CFR Part 67, for prospec (1) The dangers of drug abuse in the workplace; Live participants in primary covered transactions, as defined at (2) The grantee's policy of maintaining a drug -free workplace; 28 CFR Par( 67, Section 67.510— A. The applicant certifies that It and its principals: (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (a) Are not presently debarred, suspended, proposed for debar- (4)The penalties that may be Imposed upon employees for meth, declared Ineligible, sentenced to a denial of Federal drug abuse violations occurring in the workplace; benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department (c) Making it a requirement that each employee to be engaged or agency; in the performance of the grant be given copy of the state- (b) Have not within a three-year period preceding this applica- ment required by paragraph (a); tton been convicted of or had a civil judgment rendered against (d) Notifying the employee in the statement required by para- them for commission of fraud or a criminal offense In connec- graph (a) that, as a condition of employment under the grant, tion with obtaining, attempting to obtain, or performing a - - the employee will— OJP FORM 406116 (3-91) REPLACES OJP FORMS 406112, 406113 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; Check p if there are workplaces on file that are not Indentified (a) NoUfying'the agency, in writing, within 10 calendar days here. after receiving notice under subparagraph (d)(2) from an Section 67, 630 of the regulations provides that a grantee that employee or otherwise receiving actual notice of such convic-lion. is a State may elect to make one certification In each Federal Employers of convicted employees must providenotice, including - fiscal year. A copy of which should be included with each ap- position title, to: Department of Justice, Office of plication for Department of Justice funding. States and State. Justice Programs, ATTN.,Control Desk, 633 Indiana Avenue, agencies may elect to use OJP form 466117. N.W., Washington, D.C. 20531. Notice shall include the iden- tification numbers) of each affected grant; Check 1:1 if the State has elected to complete OJP Form (f)Taking one of the following actions, within 30. calendar 406117. days of receiving notice under subparagraph (d)(2), with respect to any employee who Is so convicted— DRUG -FREE WORKPLACE (1) Taking appropriate Personnel action against such an (GRANTEES WHO ARE INDIVIDUALS) employee, up to and including termination, consistent with the As required by the Drug -Free Workplace Act of 1988, and requirements of the Rehabilitation Act of 1973, as amended; or Implemented at 26 CFR Part 67, SubpartF, for grantees, as (2) Requiring such employee to participate satisfactorily In a defined at 28 CFR Part 67: Sections 67.615 and 67.620— drug abuse assistance or rehabilitation program approved for A. As a condition of the grant, I certify that i will not engage such purposes by a Federal, Sta►e,'or local health, law enforce- in the unlawful manufacture, distribution, dispensing, posses- ment, or other appropriate agency; slon, or use of a controlled substance In conducting any (9) Making a Hood faith effort to continue to maintain a drug- activity with the grant; and free workplace through implementation of paragraphs (a), (b), B. If convicted of a criminal drug offense resulting from a (c), (d), (a), and (f).' violation occurring during the conduct of any grant activity, I B. The grantee may insert In the space provided below the site(s) for the performance of work done in connection with will repor4 the conviction, In writing, within 10 calendar days of the conviction, to: Department of Justice, Office of Justice the specific grant: Programs, ATTN; Control Desk,' 633 Indiana Avenue, N.W., ' Washington, D.C. 20531. Place of Performance (Street address, city, county, state, rip code) As the duty authorized representativer of the applicant, I hereby certify that the applicant will comply with the above certifications. 1. Grantee Name and Address: Ci"f Vernon Phillip Police Department 4305 Santa Fe Ave, Vernon, CA 90058 2. Application Number and/or Project Name - '3. Grantee IRSIVendor Number Mark Whitworth City Adminjstr or 4, Typed Name and Title of Authorized Representative 5. Signature 6. Date 'U.9. eoNYrm�rn rm`rW quox wau- aeswrr�wi� ROSTER OF LOCAL, STATE, OR FEDERAL AGENCY PERSONNEL ASSIGNED TO THE UNITED STATES DRUG ENFORCEMENT ADMINISTRATION LOS ANGELES FIELD DIVISION SOUTHWEST BORDER GROUP TWO TASKFORCE NAME OF AGENCY: CITY OF VERNON