Resolution No. 2011-140RESOLUTION NO. 2011-140
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 18, 2011, 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, 2012.
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
same form as the copy which is attached hereto as Exhibit A 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 Mayor or Mayor Pro-Tem to execute the 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, or Deputy City Clerk, is hereby authorized to attest thereto.
SECTION 4: The City Council of the City of Vernon hereby
instructs 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.
SECTION 5: 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, 2011.
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 2"d day of August, 2011.
N
Name: Hilario Gonzales
Title: Mayor / ayor P o-Tem
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. 2011-140, 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 Tuesday, August 2, 2011, and thereafter was duly signed by the
Mayor or Mayor Pro-Tem of the City of Vernon.
Executed this 9 day of August, 2011, at Vernon, California.
(SEAL)
W llar G. guc ', City Clerk
4
EXHIBIT A
DISTRICT OR RESIDENT OFFICE
STATE AND LOCAL TASK FORCE AGREEMENT
BETWEEN
THE DRUG ENFORCEMENT ADMINISTRATION
AND
THE VERNON POLICE DEPARTMENT
This agreement is made this 30°i day of September, 2011, between the United States
Department of Justice, Drug Enforcement Administration (hereinafter "DEA"), and 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 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 Bonder Initiative Task Force, the VPD
agrees to detail one experienced offirer(s) to the Southwest Border Initiative Task Force
for a period of not less then two years. During this period of assignment, the VPD
officers will be under the direct supervision and control of DEA supervisory personnel
assigned to the Task Force.
3. The VPD officer(s) 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(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 1.
7. The term of this agreement shall be effective from the date in paragraph number one
(1) until September 30, 2012. 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
CITY OF VERNON
For the Vernon Police Department:
Name: Hilario Gonzales
Titles Mayor
ATTEST:
Date
APPROVED AS TO FORM:
Willard G. Yamaguchi, City Clerk
Michael B. Montgomery, Interim 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
0U.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 enteringg into a
grant or coopperative agreement over $100.000. as de fined at
28 CFR Part 69, the applicant certifies that:
(a) No Federal appropriate 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 extension, continuation,
renewal, amendment, or modification of any Federal grant or
cooperative agreement;
fb) If any funds other than Federal appropriated funds have
6been paid or will be paid to any .person for influencing or at-
tempting to influence an officer or employee of an 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 shalt certify and disclose accordingly.
2. DEBARMENT SUSPENSION, AND OTHER
RESPONSIBILIW MATTERS
(DIRECT RECIPIENT)
As required by Executive Order 12549 Debarment and
Suspension, and implemented at 28 CFR Pitt 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) ,, 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
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, falsification or destruction of records, making false
statements, or receiving stolen property;
(c). Are not presently indicted for or otherwise criminally or
ciwll charged by a governmental entity (Federal, State, or
loca� with commission of any of the offenses enumerated in
paragraph (1)(b) of this certification; and
fd) Have not within a three-year period preceding this applica-
Cion 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;
(bl Establishing an on -going drug -free awareness program to
iNorm employees about-
(1) The dangers of drugs.abuse in the workplace;
(2) The grantee's policy of maintaining a drug -free workplace;
assistance available
rems drug counseling, rehabilitation, and employee
(4) The penalties that maybe 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 inthe statement required by
paragraph la) that, as a condition of employment under the
grant, the employee will-
OJP FORM 4061/6 (3-91) REPLACES OJP FORMS 4061/2, 4062/3 AND 4061/4 WHICH ARE OBSOLETE.
fg) Making a good faith effort to continue to maintain a dru -
ree work lace through implementation of paragraphs (a), (b),
(c), (d), (eg, 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)
(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;
NNotifyingthe agency, in writing, within 10 calendar days
r 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 Po and including termination consistent with the
requirements of the Rehabilitation Act of 103, as amended; or
Check [] if there are workplace on file that are not identified
here.
Section 67, 630 of the regulations providesthat 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)
(2) Requiring such employee to participate satisfactorily in a As required
drug abuse assistance or rehabilitation program approved for implemented
such purposes by a Federal, State, or local health, law enforce- defined at 28
ment, or other appropriate agency;
A. As a condition of the grantI 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 anyy grant activity, I
will report theconviction, 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.
b the Drug Free WorkpSublace Act of 1988, and
CFR Part 67;Sections 67..615 andf6j g2a0ntees, as
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:
Vernon Police Department
4305 South Santa Fe Avenue,Vernon, CA 90058
2. Application Number and/or Project Name 3. Grantee IRS/Vendor Number
Hilario Gonzales,
4. Typed Name and Title of Authorized Representative
5. Signature 6. Date
Roster of local, state or federal agency personnel assigned to the United States
Drug Enforcement (DEA) Los Angeles Field Division Southwest Border Initiative
Group Two Task Force
1.
CITY CLERK'S OFFICE
INTEROFFICE MEMORANDUM
DATE: August 2, 2011
TO: Daniel Calleros, Interim Chief of Police
FROM: Willard Yamaguchi, City Clerk
RE: Drug Enforcement Administration Agreement
Transmitted herewith for your transmittal are two partially executed originals of the above -
referenced agreement, which was approved by City Council on August 2, 2011.
Please ensure that a copy of your transmittal communication and one fully executed original
agreement is sent to my attention for the file.
Thank you.
WY:dj
Attachment
c: Agreement No. 11-091
DISTRICT OR RESIDENT OFFICE
STATE AND LOCAL TASK FORCE AGREEMENT
BETWEEN
THE DRUG ENFORCEMENT ADMINISTRATION
AND
Y YI �1�/ �17`►C�]\�ZI] � Cy � I] aJ�7� I1l�LIJ� \`Y Y
This agreement is made this 30"' day of September, 2011, between the United States
Department of Justice, Drug Enforcement Administration (hereinafter "DEA"), and 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 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(s) to the Southwest Border Initiative Task Force
for a period of not less then two years. During this period of assignment, the VPD
officers will be under the direct supervision and control of DEA supervisory personnel
assigned to the Task Force.
3. The VPD officer(s) 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(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
finds 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, H and I.
7. The term of this agreement shall be effective from the date in paragraph number one
(1) until September 30, 2012. 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
CITY OF VERNON
For the Vernon Police Department:
Date C
Name: Hilario Gs
: Mayor
APPROVED AS TO FORM:
G. a gu hi, C y Clerk Mic ae1 B. Montgome3�ynterim 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
ICE
GRAMS
0OFF OFFICE OF HETCOMPTROLLER
CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION AND
OTHER RESPONSIBILITY MATTERS; AND DRUG -FREE WORKPLACE REQUIREMENTS
Applicants should refer to the regulations cited below to determine the certification to which they are required to
attest. Applicants should also review the instructions for certification included in the regulations before completing this
from. Signature of this form provides for compliance with certification requirements under 28 CFR Part 69, "New
Restrictions on Lobbying" and 28 CFR Part 67, "Government -wide Department and Suspension (Nonprocurement) and
Government -wide Requirements for Drug -Free Workplace (Grants)." The certifications shall be treated as a material
representation of fact upon reliance will be placed when the Department of Justice determines to award the
covered transaction, grant, or cooperative agreement.
1. LOBBYING
public (Federal, State, or local) transaction or contract under a
public transaction; violation of Federal or State antitrust
As required by Section 1352, Title 31 of the U.S. Code, and
statutes or commission of embezzlement theft forgery,
implemented at 28 CFR Part 69, for persons enteringg into a
bribery, falsification or destruction of records, making false
ggrant or cooperative agreement over $100,000, as defined at
statements, or receiving stolen property;
28 CFR Part 69, the applicant certifies that:
(c). Are not presently indicted for or otherwise criminally or
(a) No Federal appropriate funds have been paid or will be
by or on behalf of the undersigned, to any person for in-
civilly charged by a governmental entity (Federal, State, or
local) with commission of any of the offenses enumerated in
plaid,
fluencing or attempting to influence an officer or employee of
paragraph (1)(b) of this certification; and
any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in con-
fd) Have not within a three-year period preceding this applica-
nect on with the making of any Federal grant,the entering into
CCron had one or more public transactions (Federal, State, or
of any cooperative agreement, and extension, continuation,
local) terminated for cause or default; and
renewal, amendment, or modification of any Federal grant or
cooperative agreement;
B. Where the applicantis unable to certify to any of the
statements in this certification, he or she shall attach an
(b) If any funds other than Federal appropriated funds have
explanation to this application.
been paid or will be paid to any person for influencing or at-
tempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or
3. DRUG WORKPLACE
an employee of a Member of Congress in connection with this
-FREE
(GRANTEES OTHER THAN INDIVIDUALS)
Federal grant or cooperative agreement, the undersigned shall
complete and submit Standard Form - LLL, Disclosure of
Activities," in its instructions;
As required by the Drug Free Workplace Act of 1988, and
Lobbying accordance with
implemented at 28 CFR Part 67, Subpart F, for grantees as
defined at 28 CFR Part 67 Sections 67.615 and 67.620-
(c) The undersigned shall require that the language of this cer-
in Tor
tification be included the award documents all subawards
A. The applicant certifies that it will or will continue to provide
at all tiers (including subgrants, contracts under grants and
a drug -free workplace by:
cooperative agreements, and subcontracts) and that all sub -
recipients shall certify and disclose accordingly.
(a) Publishing a statement notifying employees that the
unlawful manufacture, distribution, dispensing, possession, or
is in the
2. DEBARMENT SUSPENSION, AND OTHER
MATTERS
use of a controlled substance prohibited grantee's
workplace and specifyingg the actions that will be taken against
for
DIREOCT RIBILI
employees violation oT such prohibition;
fb) Establishing an on -going drug -free awareness program to
Plorm
As required by Executive Order 12549, Debarment and
employees about -
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-
(1) The dangers of drugs abuse in 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
(a) Are not presently, debarred, suspended, proposed for debar-
assistance programs; and
ment, declared ineligible sentenced to a denial of Federal
benefits by a State or Vederal court, or voluntarily excluded
(4) The penalties that may, be imposed upon employees for
from covered transactions by any Federal department
drug abuse violations occurring in the workplace;
or agency;
b Have not within a three-year period preceding this a lica-
tion a ainst
(c) Makinq
m the performance
it a requirement that each employee to be engaged
of the grant be given a copy of the stale -
been convicted of or had a civil judgment rendered
criminal
them for commission of fraud or a offense in connec-
tion
OJP FORM 4061/6 (3-91) REPLACES OJP FORMS 4061/2, 406213 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;
NNotifyingthe agency, in writing, within 10 calendar days
r receiving notice under subparagraph (d)(2) from an
employee or otherwise receiving actual notice off 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(sj 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 103, as amended; or
(2) Requiring such employee toparticipate satisfactorily in a
drug abuse assistance or rehabilitation program approved for
suc 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 drugg-
ffree work lace through implementation of paragraphs (a), (b),
(c), (d), (e�, and (f).
B. The grantee may insert in the space provided below the
ife(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 providesthat 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 Slate
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 Dru$Free Workplace Act of 1988, and
implemented al 28 CFR Part 67, Sub art F, for ggrantees, 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, dispensingg, posses-
sion, or use of a controlled substance in conddion any
activity with the grant; and
B. If convinced of a criminal drug offense resulting from a
violation occurring during the conduct of anyy grant activity, I
will report the, conviction, in writin within 10 calendar days
of the conviction, to: Department og{ 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:
Vernon Police Department
4305 South Santa Fe Avenue,Vernon, CA 90058
2. Application Number and/or Project Name
Hilario Gonzalesi Mayor
4. Typed Name and Title of Authorized Representative
5. Signature
3. Grantee IRSNendor Number
6. Date
Roster of local, state or federal agency personnel assigned to the United States
Drug Enforcement (DEA) Los Angeles Field Division Southwest Border Initiative
Group Two Task Force
1.
MEMORANDUM FROM THE CITY ATTORNEY
INTER -DEPARTMENT MEMORANDUM
DATE: November 8, 2011
TO: Willard G. Yamaguchi, Chief Deputy City Attorney
FROM: Eva Muro, Legal Administrative Assistant
RE: Drug Enforcement Administration Agreement
The attached agreement was approved by Resolution No. 2011-140 on
August 2, 2011. The agreement originally submitted by the DEA was
to be effective September 30, 2011. The two fully executed
agreements were received from DEA yesterday with the effective date
of October 1, 2011; no other changes were made.
Please review and advise if any further action is required or if the
changes made by the DEA are approved.
Attachments
Resolution No. 2011-140
Two Executed Original Agreements
ORIGINALDISTRICT OR RESIDENT OFFICE
STATE AND LOCAL TASK FORCE AGREEMENT
BETWEEN
THE DRUG ENFORCEMENT ADMINISTRATION
I: Zrc
THE VERNON POLICE DEPARTMENT
This agreement is made this I" day of October, 2011, between the United States
Department of Justice, Drug Enforcement Administration (hereinafter "DEA"), and 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 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(s) to the Southwest Border Initiative Task Force
for a period of not less then two years. During this period of assignment, the VPD
officers will be under the direct supervision and control of DEA supervisory personnel
assigned to the Task Force.
3. The VPD officer(s) 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 fi-om the Task Force.
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 finds 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, H and I.
7. The term of this agreement shall be effective from the date in paragraph number one
(1) until September 30, 2012. 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 mini
TitleY��
CITY OF VERNON
For the Vernon Police Department:
Namf : Hilario Gonzales
TitjC: Mayor
Date 4VI2i
APPROVED AS TO
FORM:
Mic ael B. Montgomeryr-lnterim 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
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 ppersons 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
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 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 Ianpuage of this cer-
tification be included in the award documents Tor all subawards
at all tiers (including subgrants, contracts under grants and
cooperative agreements, and subcontracts) and that all sub -
recipients shalt certify and disclose accordingly.
2. DEBARMENT SUSPENSION, AND OTHER
RESPONSIBILIT`F MATTERS
(DIRECT RECIPIENT)
As required by Executive Order 12549, Debarment and
Suspension, and implemented at 28 CFR Prt 67, for prospec-
tive participants in primaryy 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;
(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-
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, falsification or destruction of records, making false
statements, or receiving stolen property;
(c)Are not presently indicted for or otherwise criminally or
civi" charged by 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-
fion 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, dispenising,possession, or
use of a controlled substance is prohibited n the in
workplace and specifying the actions that will be taken against
employees for violation of such prohibition;
( Establishing an on -going drug -free awareness program to
iNorm employees about-
(1) The dangers of drugs 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);
lion with obtaining, attempting to obtain, or performing a (d) Ngotifyingg(( the employee in the statement required by
grangrap the employee that, will -a condition of employment under the
OJP FORM 4061/6 (3-91) REPLACES OJP FORMS 4061/2, 406213 AND 406114 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;
WNotifyingthe agency, in writing, within 10 calendar days
er receiving notice under subparagraph (d)(2) from an
Check _] if there are workplace on file that are not identified
employee or otherwise receiving actual notice of such convic-
here.
tion. Employers of employees must provide notice,
,convicted
including position title, to: Department of Justice, Office of
Section 67, 630 of the regulations provides that a grantee that
Justice Programs, ATTN: Control Desk, 633 Indiana Avenue,
is a State may elect to make one certification in each Federal
N.W., Washington D.C. 20531. Notice shall include the iden-
tification
fiscal year. A copy of which should be included with each ap-
for Department Justice funding. States State
number(sf of each affected grant;
plication of and
(f) Taking one of the following actions, within 30 calendar
agencies may elect to use OJP Form 4061/7.
days of receiving notice under subparagraph (d)(2), with
Check'-; if the State has elected to complete OJP Form
respect to any employee who is so convicted-
4061/7.
(1) Taking appropriate personnel action against such an
employee, up to and including termination, consistent with the
DRUG -FREE WORKPLACE
requirements of the Rehabilitation Act of 1973, as amended; or
(GRANTEES WHO ARE INDIVIDUALS)
(2) Requiring such employee to, participate satisfactorily in a
As required by the Drug Free Workplace Act of 1988, and
drug abuse assistance or rehabilitation program approved for
such purposes by a Federal, State, or local health, law enforce-
implemented at 28 CFR Part 67, Subpart F, for ggrantees, as
defined at 28 CFR Part 67; Sections 67.615 and 67.620-
ment, or other appropriate agency;
A. Asa condition of the grant, I certify that I will not engage
(g) Making a good faith effort to continue to maintain adrug-
ffree lace through implementation
in the unlawful manufacture distribution, dispensing, posses-
in
work of paragraphs (a), (b),
sion, or use of a controlled substance condition any
the
(c), (d), (e), and (f).
activity with grant; and
B. The grantee may insert in the space provided below the
B. If convinced of a criminal drug offense resulting from a
site(s) for the performance of work done in connection with
violation occurring during the conduct of any grant activity, I
the specific grant:
will report theconviction, in writing within 10 calendar days
of the conviction, to: Department of Justice, Office of Justice
Place of Performance (Street address, city, country, state, zip
Programs, ATTN: Control Desk, 633 Indiana Avenue, N.W.,
code)
Washington, D.C. 20531.
As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above certifications.
1. Grantee Name and Address:
Vernon Police Department
4305 South Santa Re Avenue,Vernon, CA 90058
2. Application Number and/or Project Name
3. Grantee IRSNendor Number
Hilario Gonzales, Mayor
4. Typed Name and Title of Authorized Representative
�� •w�.^
2�11
"�?
5. Signature
i
6. Date
Roster of local, state or federal agency personnel assigned to the United States
Drug Enforcement (DEA) Los Angeles Field Division Southwest Border Initiative
Group Two Task Force
1.
RF.CEIVEL,
JUL z r ?0"
CITY CLERK'S OFFICE
RECEIVED
JUL 2 0 2011
CITY ADMINISTRATION
STAFF REPORT --
VERNON POLICE DEPARTMENT co
DATE: July 18, 2011
TO: Honorable Mayor and City Council
FROM: Daniel Calleros, Interim Chief of Police
RE: Drug Enforcement Administration Agreement
Purpose
The purpose of this memorandum is to request approval from City Council for the
execution of the 2011-2012 agreement between the Drug Enforcement Administration
(DEA) and the City of Vernon, for continued participation in the Southwest Border
Initiative (SWBI) taskforce.
Facts
The Police Department (PD) has participated in the SWBI narcotics investigation
taskforce since 2008 and currently has a detective assigned to the team. 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 revenues from asset forfeiture proceeds.
For continued participation in the SWBI taskforce, the PD must enter into an annual
agreement with DEA. The agreement provided by DEA must be reviewed and
approved by City Council. City legal staff has reviewed and approved the agreement as
to form.
Recommendation
I request that the IDEA 2011-2012 agreement for continued participation in the SWBI
taskforce be presented to City Council for approval.
Fiscallmpact
None
Attachments:
• IDEA 2011-2012 agreement
• City legal staff agreement review memo
J�,� oe �egtio'L
'� �1'AlY INa�rf 7
CITY ATTORNEY'S OFFICE
INTER -DEPARTMENT MEMORANDUM
DATE: July 13, 2011
TO: Daniel Calleros, Interim Chief of Police
FROM: Mike Montgomery, Interim City Attorne� /
RE: Drug Enforcement Administration Agreement
I have received and reviewed the Memorandum dated July 12, 2011, and
the attachments thereto.
The agreement for the continued participation in the DEA's Southwest
Initiative Taskforce is approved as to form.
MM:em
Enclosures