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Resolution No. 2012-143RESOLUTION NO. 2012-143 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, by memo dated July 5, 2012, the Police Department has recommended that the City enter into a new agreement with the DEA to allow a Vernon detective to continue to participate in Task Force activities through September 30, 2013. 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 Interim Chief of Police 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, 2012. - 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. ATT T: Wil APPROVED AND ADOPTED this 17th day of July, 2012. i ity Clerk Name: William J. DaViS Title: 44P off/ Mayor Pro-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. 2012-143, 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, July 17, 2012, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this -It day of July, 2012, at Vernon, California. (SEAL) _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 I" day of October, 2012, between the United States Department of Justice, Drug Enforcement Administration (hereinafter "DEA"), and the Vernon Police Department (hereinafter "VPD"). The DEA is authorized to enter into this cooperative agreement concerning the use and abuse of controlled substances under the provisions of 21 U.S.C. § 873. WHEREAS there is evidence that trafficking in narcotics and dangerous drugs exists in the 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 officer(s) 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 4ill 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, H and I. 7. The term of this agreement shall be effective from the date in paragraph number one (1) until September30, 2013. 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: Briane M. Grey Acting Special Agent in Charge For the Vernon Police Department: Date Daniel Calleros Interim Chief of Police 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 ATTEST: Willard G. Yamaguchi, City Clerk APPROVED AS TO FORM: Willard G. Yamaguchi, Chief Deputy City Attorney U.S. DEPARTMENT OF JUSTICE 1 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 ersons entering into a grant or coopperative 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 pid, by or on behalf of the undersigned, to any person for in- fluaencing 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 grants 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 een 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; JVThe undersigned shall require that the language of this cer- cation 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 shall certify and disclose accordingly. DEBARMENT SUSPENSION, AND OTHERREPOIRESPONSIBILITY MATE (DIRECT RECIPIENT) As required by Executive Order 12549, Debarment and Suspension, and implemented at 28 CFR Prt 67, for prospec- tive participants in prima rryy 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 public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embe=lement, 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 civdl charged by a governmental entity (Federal, State, or loca6 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 by the THAN INDIVIDUALS) implemented al. 28eCFR Part 67, Subpart F oof granteesaas defined at 28 CFR Part 67 Sections 67.M5 and 67.6�20- 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 to 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 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); (d) Ngotifyingg(( the employee in. the statement required by grant, p. employee that, as a condition of employment under the 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; (e) Notifying, the aggency, in writing, within 10 calendar days after receiving nO N under subparagraph (dl(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, ATfN: 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 103, as amended; or (2) Requiring such employee toparticipate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, Slate, or local health, law enforce- ment, or other appropriate agency;. (g) Making a good faith effort to continue to maintain a drug- ffree 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, country, state, zip code) Check ❑ ifthere 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 fundin. States and State agencies may a ect to use OJP Form 4061/9. Check ❑ if the State has elected to complete OJP Form 4061 /7. DRUG -FREE WORKPLACE (GRANTEES WHO ARE INDIVIDUALS) Asprequired b the Drugg-Free Workplace Act of gg 1988, and defined amen ad CFR Part 67PSec%ns 67 615 for tees, as 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 'dru 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. 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 Daniel Calleros, Interim Chief of Police 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. . CITY CLERK'S OFFICE INTEROFFICE MEMORANDUM DATE: July 18, 2012 TO: Daniel Calleros, Interim Police Chief FROM: Willard Yamaguchi, City Clerk RE: Resolution No. 2012-143 - A Resoluti 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. 2012-143, referenced above, which was approved by City Council on July 17, 2012, 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: Resolution No. 2012-143 Agreement 12-062 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 l" day of October, 2012, between the United States Department of Justice, Drug Enforcement Administration (hereinafter "DEA"), and the Vernon Police Department (hereinafter "VPD"). The DEA is authorized to enter into this cooperative agreement concerning the use and abuse of controlled substances under the provisions of 21 U.S.C. § 873. WHEREAS there is evidence that trafficking in narcotics and dangerous drugs exists in the 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 officer(s) 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 4ill 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 effective from the date in paragraph number one (1) until September 30, 2013. 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: Briane M. Grey Acting Special Agent in Charge For the Vernon Police Department: Date 7�%�L A0�2z-e� dare. - Daniel Calleros Interim Chief of Police 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 Chief Deputy U.S. DEPARTMENT OF JUSTICE 0 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 DrugrFree 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 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; 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 civill charged by a governmental entity (Federal, State, or locZ 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 applies - ion had one or more public transactions (Federal, State, or local) terminated for cause or default; and - 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. 6been paid or will be paid to any personfor influencing or at- tempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or 3. DRUG -FREE WORKPLACE an employee of a Member of Congress in connection with this (GRANTEES OTHER THAN INDIVIDUALS) Federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, Disclosure of As required by the Drug -Free Workplace Act of 1988, and Lobbying Activities,' in accordance with its instructions; implemented at 28 CFR Part 67, Subpart F for grantees as defined at 28 CFR Part 67 Sections 67.�15 and 67.6�20- (c) The undersigned shall require that the language of this cer- tification be included in the award documents for 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 shalt certify and disclose accordingly. (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 2. DEBARMENT SUSPENSION, AND OTHER workplace and specifying the actions that will be taken against RESPONSIBILITY' MATTERS employees for violation of such prohibition; (DIRECT RECIPIENT) As required by Executive Order 12549 Debarment and Suspension, and implemented at 28 CFR Prt 67, for prospec- tive participants in prima covered transactions, as defined at 28 CFR Part 67. Section 63M10- 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 bene)its 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 (b Establishing an on -going drug -free awareness program to m orm 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); (d) Notifyin the employee inthe statement required by paraggraph ?a) that, as a condition of employment under the granf, the employee will- OJP FORM 4061/6 (3-91) REPLACES OJP FORMS 4061/2, 4062/3 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; (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 ot1 such convic- tion. Employers of convicted employees must provide notice including position title to: Department of Justice, Office of Justice Programs, ATQN: Control Desk, 633 Indiana Avenue, N.W. Washington D.C. 20531. Notice shall include the iden- tification number(sf 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 apppropriate. personnel action against such an ploy emee, up to and including termination consistent with the requirements of the Rehabilitation Act of 103, 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- ree work lace through implementation of paragraphs (a), (b), (c), (d), (e), and (f). B. The grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specific grant: Place of Performance (Street address, city, country, state, zip code) Check ❑ if;;there are workplace on file that are not identified here. Section 67, 630 of the regulations provides. that a grantee that is a State may elect to make one certification in each Federal fiscal year. A copy of which should be included with each ap- plication for Department of Justice funding. States and Stale agencies may elect to use OJP Form 4061/7. Check ❑ if the State has elected to complete OJP Form 406117. DRUG -FREE WORKPLACE (GRANTEES WHO ARE INDIVIDUALS) As defined att 8 Cbe R Partt 67; S ct o s 6 .61rte5 andf6o620 tees aas A. As a condition of the grantI 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 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: Vernon Police Department 4305 South Santa Fe Avenue, Vernon, CA 90056 2. Application Number and/or Project Name Daniel Calleros, Interim Chief of Police 4. Typed Name and Title of Authorized Representative 5. Signature. 3. Grantee IRSNendor Number 7/rPli. 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. . DISTRICT OR RESIDENT OFFICE STATE AND LOCAL TASK FORCE AGREEMENT BETWEEN THE DRUG ENFORCEMENT ADMINISTRATION ►A 11 THE VERNON POLICE DEPARTMENT This agreement is made this I" day of October, 2012, between the United States Department of Justice, Drug Enforcement Administration (hereinafter "DEA"), and the Vernon Police Department (hereinafter "VPD"). The DEA is authorized to enter into this cooperative agreement concerning the use and abuse of controlled substances under the provisions of 21 U.S.C. § 873. WHEREAS there is evidence that trafficking in narcotics and dangerous drugs exists in the 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 officer(s) 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 Southwegt Border Initiative. Task Force; DEA will assign Special Agents to the Task Force. DEA ill 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, H and I. 7. The term of this agreement shall be effective from the date in paragraph number one (1) until September 30, 2013. 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: MDate: W.2( .2,dt2 Briane M. Grey . Acting Special Age in Charge For the Vernon Police Department: Date -714P/-5 Daniel Calleros Interim Chief of Police 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 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 y100,000, as defined at 28 CFR Part 69, the applicant certifies that: (a) No Federal apppropriate 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 a 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- fification 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 she certify and disclose accordingly. RESPONSIBILIW SUSPENSION, AND OTHER (DIRECT RECIPIENT) As required by Executive Order 12549 Debarment and Suspension, and implemented at 28 CFR Pet 67, for prospec- tive participants in prima covered transactions, as defined at 28 CFR Part 67. Section 65N10- A. The applicant certifies that it and its principals: (a) Are not present)y, debarred, suspended, proposed far 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- fion 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 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 ap lica- 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 pp required by the Drug -Free Workplace Act of 1988, and definede at 28t CFR Part 676Sections Subpart7.615r and t67.6�20 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 mt'orm 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); (d) Nppotifyingg(( the employee in, the statement required by granf, hehe?a) that,yee as a condition of employment under the OJP FORM 4061/6 (3-91) REPLACES OJP FORMS 4061/2, 4062/3 AND 4061/4 WHICH ARE OBSOLETE. (1) Abide by the terms of the statement; and (2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; (e) Notifying, the agency,. in writing, within 10 calendar days after receiving notice under subparagraph (dl(2) from an employee or otherwise receiving actual notice off such convic- tion. Employers of convicted employees must provide notice includin$ 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 apppropriate. 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 toparticipate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforce- ment, or other appropriate agency; fg) Making a good faith effort to continue to maintain a drug - free workplace through implementation of paragraphs (a), (b), (c), (d), (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, 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 State agencies may elect to use OJP Form 4061/7. Check ❑ if the State has elected to complete OJP Form 4061/7. DRUG -FREE WORKPLACE (GRANTEES WHO ARE INDIVIDUALS) Asp required b the Drugg-Free Workplace Act of 1988, and defined at 28 CFR Part 67; Secti rt ns Subpart 65 an,df67.620 tees, as 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 con lion any activity with the grant; and B. If convinced of a criminal drug offense resulting from a violation occurring during the conduct of any grant activity, I will report 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. - 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 IRSNendor Number Daniel Calleros, Interim Chief of Police 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. . RECEIVED JUL 12 2012 CITY CLERK'S OFFICE STAFF REPORT VERNON POLICE DEPARTMENT DATE: July 5, 2012 TO: Honorable Mayor Pro Tempore and City Council Members FROM: Daniel Calleros, Interim Chief of Police rp RE: Drug Enforcement Administration Agreement Purpose RECEIVED JUL 0 5 2012 CITY ADMINISTRATION The purpose of this memorandum is to request approval from City Council for the execution of the 2012-2013 agreement between the Drug Enforcement Administration (DEA) and the City of Vernon, for continued participation in the Southwest Border Initiative (SWBI) taskforce. Summary Since 2008, the Police Department (PD) has dedicated a Detective to participate in the SWBI narcotics investigation taskforce. The goal of the SWBI narcotics taskforce is to disrupt illicit drug traffic in the region by immobilizing targeted violators, 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. The assignee Detective has gained vast experience and knowledge from taskforce investigations. The PD has also utilized resources from the taskforce with multifaceted investigations where there was a need for additional personnel and expertise. In addition, the taskforce has provided the PD significant revenues from asset forfeiture proceeds related to narcotic investigations. 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. Legal Review: City legal staff has reviewed and approved the agreement as to form. Recommendation Staff recommends approval of the DEA 2012-2013 agreement for continued participation in the SWBI taskforce. Fiscal Impact None Attachments: • DEA 2012-2013 agreement • City legal staff agreement review memo CITY ATTORNEY'S OFFICE INTER -DEPARTMENT MEMORANDUM DATE: July 3, 2012 TO: Daniel Calleros, Interim Chief of Police FROM: Willard G. Yamaguchi, Chief Deputy City Attorney RE: Drug Enforcement Administration Agreement I have.received and reviewed the Memorandum dated July 2, 2012, and the attachments thereto. The agreement for the continued participation in the DEA's Southwest Initiative Taskforce is approved as to form. WY:em Enclosures