HomeMy WebLinkAboutCC AG PKT 2014-10-13 #G AGENDA STAFF REPORT
DATE: October 13, 2014
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Joe Stilinovich, Chief of Police
SUBJECT: STATE AND LOCAL TASK FORCE AGREEMENT
WITH THE DRUG ENFORCEMENT ADMINISTRATION
LOS ANGELES FIELD DIVISION
SUMMARY OF REQUEST:
That the City Council adopt Resolution No. 6506 approving an agreement with
the Drug Enforcement Administration Los Angeles Field Division, effective
September 30, 2014 through September 29, 2015.
BACKGROUND AND ANALYSIS:
The Seal Beach Police Department was granted the addition of one full time
patrol officer position to join -the Orange County Resident Office (OCRO) DEA
Task Force Group 1 (TGF1) for the 2014-15 Fiscal Year. The TGF1 seized
approximately $12 million in drug related assets, which was split between the
participating agencies of the group, resulting in asset sharing of over $400,000
per agency in fiscal year 2012/13.
Combining federal leverage and the specialists available to the DEA with state
and local officers' investigative talents and detailed knowledge of their jurisdiction
leads to highly effective drug law enforcement investigations. The DEA
recognizes the need for cooperation and coordination of drug enforcement efforts
with its state and local counterparts. This cooperation provides several
advantages to all participating agencies:
• DEA is able to draw on the expertise of state and local law enforcement;
• DEA is able to share resources with state and local officers, thereby
increasing the investigative possibilities available to all;
• State and local officers are deputized as federal drug agents, thus
extending their jurisdiction;
• State and local participating agencies can receive an equitable share of
forfeited drug proceeds; and
Agenda Item G
• D can pay overtime (currently capped at $17,202.25 per fiscal year)
and investigative expenses for the state and local agencies.
The specific objectives of the State and Local Task Force Program are to:
• Disrupt the illegal drug activity in specified geographic areas by
immobilizing the highest levels of targeted violators and trafficking
organizations,
• Increase the effectiveness of participating agencies by providing on-the-
job training to assigned officers and training them regarding the benefits of
priority targeting;
• Improve operational interaction among all agencies participating in the
task force-,
• Encourage participating agencies to establish investigative priorities that
emphasize those drugs posing the greatest danger to society; and
• Increase the effectiveness of drug law enforcement agencies in the local
area that are not participating in the task force by providing direct
assistance, intelligence information, and other operational support.
This agreement would allow an officer to begin serving on the Task Force, and
the City of Seal Beach to share in resulting forfeited drug proceeds.
ENVIRONMENTAL IMPACT:
There is no environmental impact related to this item.
LEGAL ANALYSIS:
The City Attorney has reviewed and approved as to form.
FINANCIAL IMPACT:
This position was budgeted in FY 2014-15 at a cost of approximately $173,000,
with the authorization to hire an additional Police Officer to allow a current Police
Officer to serve on this Task Force. The annual average in shared assets per
agency is typically $400,000 - $500,000.
RECOMMENDATION:
That the City Council adopt Resolution No. 6506 approving an agreement with
the Drug Enforcement Administration Los Angeles Field Division, effective
September 30, 2014 through September 29, 2015.
Page 2
SUBMITTED BY: NOTED AND APPROVED:
/ r
v
Stilinovich I R. Ingram, C' M nager
thief of Police
Prepared by: Amanda Webber, Executive Assistant
Camren Wight, Account Technician
Attachments:
A. Resolution No. 6506
B. State and Local Task Force Agreement
Page 3
RESOLUTION NUMBER 6506
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
APPROVING AN AGREEMENT WITH THE DRUG
ENFORCEMENT ADMINISTRATION (DEA) LOS ANGELES
FIELD DIVISION
THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE:
SECTION 1. The City Council hereby approves that State and Local Task Force
Agreement with the Drug Enforcement Administration, Los Angeles Field
Division, dated September 30, 2014.
SECTION 2. The Council hereby authorizes the City Manager, or her designee,
to execute the agreement.
PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a
regular meeting held on the 13th day of October , 2014 by the following vote:
AYES: Council Members
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members
Mayor
ATTEST:
City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Linda Devine, City Clerk of the City of Seal Beach, do hereby certify that the
foregoing resolution is the original copy of Resolution Number 6506 on file
in the office of the City Clerk, passed, approved, and adopted by the City Council
at a regular meeting held on the 13th day of October 2014.
City Clerk
STATE AND LOCAL TASK FORCE AGREEMENT
BETWEEN
THE DRUG ENFORCEMENT ADMINISTRATION
LOS ANGELES FIELD DIVISION
AND
SEAL BEACH POLICE DEPARTMENT
This agreement is made this 30th day of September, 2014, between the United States Department
of Justice, Drug Enforcement Administration(hereinafter "DEA"), and the Seal Beach Police
Department(hereinafter "SBPD"). 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
area and that such illegal activity has a substantial and detrimental effect on the health and
general welfare of the people of Orange County, the parties hereto agree to the following:
1. Task Force Group (Orange County) will perform the activities and duties described below:
a. disrupt the illicit drug traffic in the Orange County 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 Task Force Group (Orange County), the SBPD
agrees to detail (1 ) experienced officer to Task Force Group (Orange County) for a period of not
less than two years. During this period of assignment, the SBPD officers will be under the direct
supervision and control of DEA supervisory personnel assigned to the Task Force.
3. The SBPD officers assigned to Task Force Group (Orange County) 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 SBPD officers assigned to Task Force Group (Orange County) shall be deputized as Task
Force Officers of DEA pursuant to 21 U.S.C. Section 878.
1
5. To accomplish the objectives of Task Force Group (Orange County), 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 SBPD 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. During the period of assignment to Task Force Group (Orange County), the SBPD
will remain responsible for establishing the salary and benefits, including overtime, of the
officers assigned to the Task Force, and for making all payments due them. DEA will, subject to
availability of funds, reimburse the SBPD for overtime payments made by it to officers assigned
to Task Force Group (Orange County) for overtime,up to a sum equivalent to 25 percent of the
salary of a GS-12, step 1, (RUS)Federal employee (currently $17,374.25), per officer. Note:
Task Force Officer's overtime "shall not include any costs for benefits, such as retirement,
FICA, and other expenses."
7. In no event will the SBPD charge any indirect cost rate to DEA for the administration or
implementation of this agreement.
8. The SBPD shall maintain on a current basis complete and accurate records and accounts of all
obligations and expenditures of funds under this agreement in accordance with generally
accepted accounting principles and instructions provided by DEA to facilitate on-site inspection
and auditing of such records and accounts.
9. The SBPD shall permit and have readily available for examination and auditing by DEA, the
United States Department of Justice,the Comptroller General of the United States, and any of
their duly authorized agents and representatives, any and all records, documents, accounts,
invoices,receipts or expenditures relating to this agreement. The SBPD shall maintain all such
reports and records until all litigation, claim, audits and examinations are completed and
resolved, or for a period of three (3)years after termination of this agreement, whichever is later.
10. The SBPD shall comply with Title VI of the Civil Rights Act of 1964, Section 504 of the
Rehabilitation Act of 1973,the Age Discrimination Act of 1975, as amended, and all
requirements imposed by or pursuant to the regulations of the United States Department of
Justice implementing those laws, 28 C.F.R. Part 42, Subparts C, F, G, H and I.
11. The SBPD agrees that an authorized officer or employee will execute and return to DEA the
attached OJP Form 4061/6, Certification Regarding Lobbying; Debarment, Suspension and
Other Responsibility Matters; and Drug-Free Workplace Requirements. The SBPD
acknowledges that this agreement will not take effect and no Federal funds will be awarded to
the SBPD by DEA until the completed certification is received.
12. When issuing statements, press releases, requests for proposals, bid solicitations, and other
documents describing projects or programs funded in whole or in part with Federal money,the
SBPD shall clearly state: (1)the percentage of the total cost of the program or project which will
be financed with Federal money and (2)the dollar amount of Federal funds for the project or
program.
2
13. The term of this agreement shall be effective from the date in paragraph number one until
September 29, 2015. This agreement may be terminated by either party on thirty days' advance
written notice. Billing 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 SBPD during the term of this agreement.
For the Drug Enforcement Administration:
Date:
Anthony D. Williams
Special Agent in Charge
For the Seal Beach Police Department:
Date:
Joe Stilinovich
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
3