03-162 Resolution No. 03-162
RESOLUTION
AUTHORIZING EXECUTION OF A STATE AND LOCAL TASK FORCE AGREEMENT
WITH THE UNITED STATES DEPARTMENT OF JUSTICE
DRUG ENFORCEMENT ADMINISTRATION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that David M. Dorgan, City Manager, be and is hereby
authorized and directed to execute a State and Local Task Force
Agreement on behalf of the City of Elgin with the United States
Department of Justice, Drug Enforcement Administration for drug
interdiction efforts within the City of Elgin, a copy of which is
attached hereto and made a part hereof by reference .
s/Ed Schock
Ed Schock, Mayor
Presented: June 11, 2003
Adopted: June 11 , 2003
Omnibus Vote : Yeas 7 Nays : 0
Attest :
s/Dolonna Mecum
Dolonna Mecum, City Clerk
.
•
STATE AND LOCAL TASK FORCE AGREEMENT
This agreement is made this 21st day of May 2003, between the United States
Department of Justice, Drug Enforcement Administration,( hereinafter "DEA") and the
City of Elgin, Illinois, a Municipal Corporation, (hereinafter "City").
WHEREAS there is evidence that trafficking in narcotics and dangerous drugs
exists in the Elgin, Illinois, area and that such illegal activity has a substantial and
detrimental effect on the health and general welfare of the people of the State of Illinois,
the+.parties hereto have agreed to the following:
1. The DEA Task Force will perform the activities and duties described below:
a. Disrupt the illicit drug traffic in the Elgin area by immobilizing
targeted violators and trafficking organizations;
b. Gather and report intelligence data relating to the 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 Illinois.
2. To accomplish the objectives of the DEA Task Force, the City agrees to detail one
(1) experienced officer, with an unmarked vehicle, to the DEA Task Force for a
period of not less than two years. During this period of assignment, the officer will
be under the direct supervision and control of DEA supervisory personnel assigned
to the Task Force.
3. The City officer assigned to the Task Force shall adhere to DEA policies and
procedures. Failure to adhere to DEA policies and procedures shall be grounds for
dismissal from the Task Force.
4. The City officer assigned to the Task Force shall be deputized as a Task Force
Officer of DEA pursuant to 21 U.S.C. 878.
5. To accomplish the objectives of the DEA Task Force, DEA will assign up to twelve
(12) Special Agents to the Task Force. DEA will also, subject to the
availability of annually appropriated funds or any continuing resolution thereof,
provide necessary funds and equipment to support the activities of the DEA
Special Agents and the City officer 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. The maintenance and operation of the City vehicle will be borne by the
City.
6. During the period of assignment to the DEA Task Force, the City will
remain responsible for establishing the salary and benefits, including overtime, of
the City officer assigned to the Task Force and for making all payments due this
officer. DEA will, subject to availability of funds, reimburse the City for
overtime payments made by it to the City officer assigned to the DEA Task
Force for overtime, up to a sum equivalent to 25 percent of the salary of a GS-10,
Step 1, Federal employee (currently $9,801.00), per officer. Reimbursement for
actual overtime hours worked as documented in DEA Form 352 by the Task Force
Officer limited up to a maximum payment of$2,450.25 per quarter (every three
months) per officer.
7. In no event will the City charge any indirect cost rate to DEA for the
administration or implementation of this agreement.
8. The City 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 City 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 City shall maintain all such reports
and records until all audits and examinations are completed and resolved, or for a
period of three (3) years after termination of this agreement, whichever is sooner.
10. The City shall comply with Title VI of the Civil Rights Act of 1964, Section
504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act (as
incorporated in the Civil Rights Act of 1991) and all requirements imposed or
pursuant to the regulations of the United States Department of Justice
implementing those laws, 28 CAR Part 42, subparts C, D and F.
11. The City 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 City acknowledges that this agreement
will not take effect and no Federal funds will be awarded to the City 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 City shall clearly state: (1) the percentage of
the total cost of the program or project which will be financed with Federal money
and (2) the dollar amount of Federal funds for the project or program.
13. The term of this agreement shall from the date of signature by representatives
of both parties to September 30, 2003. This agreement may be terminated by
either party on 30 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 the City
during the term of this agreement.
For the Drug Enforcement Administration:
Date: (�' � til °Y
Richard W. Sanders -T.I3 C
Special Agent in Charge
e Ci Elgi .
Date: //f l_
David M. Dorgan
City Manager
Attachment
4
U.S. DEPARTMENT OF JUSTICE
S i • 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 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 entering into a bribery, falsification or destruction of records, making false
grant 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 civilly charged by a governmental entity (Federal, State, or
paid, by or on behalf of the undersigned, to any person for in- local) with commission of any of the offenses enumerated in
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- (d) Have not within a three-year period preceding this applica-
nection with the making of any Federal grant, the entering into tion 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 applicant is unable to certify to any of the
(b) appropriated funds have statements in this certification, he or she shall attach an
beenpaid to any
other than Federal a pp p explanation to this application.
paidIf anyor will be
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-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
(c) The undersigned shall require that the language of this c rr-
defined at 28 CFR Part 67 Sections 67.615 and 67.620-
ication be included in the award documents or 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
DEBARMENT SUSPENSION,AND OTHER use of a controlled substance is prohibited in the grantee's
2.
2. DEBARMENT
MATTERS workplace and specifying the actions that will be taken against
R(DIRECT RECIPIENT) employees for violation of such prohibition;
(b) Establishing an on-going drug-free awareness program to
As required by Executive Order 12549, Debarment and inform employees about-
Suspension, and implemented at 28 CFR Prt 67, for prospec-
tive participants in primarycovered transactions, as defined at (1) The dangers of drugs abuse in the workplace;
28 CFR Part 67,Section .510-
(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 presentlydebarred,suspended, proposed for debar- assistance programs;and
ment declared ineligible sentenced to a denial of Federal
benefits by a State or Federal 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;
(c) Making it a requirement that each employee to be engaged
(b) Have not within a three-year period preceding this applica- in the performance of the grant be given a copy of the state-
tion been convicted of or had a civil judgment rendered against ment required by paragraph(a);
them for commission of fraud or a criminal offense in connec-
tion with obtaining,attempting to obtain,or performing a (d) Notifying the employee in the statement required by
paragraph (a) that, as a condition of employment under the
grant,the employee will-
OJP FORM 4061/6(3-91)REPLACES OJP FORMS 4061/2,4062/3 AND 4061/4 WHICH ARE OBSOLETE.
' w
(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 Check ❑ if there are workplace on file that are not identified
employee or otherwise receiving actual notice of such convic- here.
tion. Employers of convicted employees must provide notice
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- fiscal year. A copy of which should be included with each ap-
tification number(s)of each affected grant; plication for Department of Justice funding. States and State
agencies may elect to use OJP Form 4061/7.
(f) Taking one of the following actions, within 30 calendar
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 implemented at 28 CFR Part 67, Subpart F, for grantees, as
such purposes by a Federal, State, or local health, law enforce- defined at 28 CFR Part 67;Sections 67.615 and 67.620-
ment,or other appropriate agency;
A. As a condition of the grant I certify that I will not engage
(g) Making a good faith effort to continue to maintain a drug- in the unlawful manufacture distribution, dispensing, posses-
free workplace through implementation of paragraphs (a), (b), sion, or use of a controlled substance in condition any
(c), (d),(e),and(f). activity with the 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 the conviction, 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:
City of Elgin
151 Douglas Avenue
Elgin, I1 60120
2. Application Number and/or Project Name 3. Grantee IRSNendor Number
4. Typed Name and Title of Authorized Representative
David M. Dorgan, City Manager / ��
5. Signature 6. Dat
01E<
0�ti Agenda Item No. C
City of Elgin
,� , - I W...r4'47ED FF$
("b.'
May 23 , 2003 G
i
N
TO: Mayor and Members of the City C`uncil
SAFE COMMUNITY
FROM: David M. Dorgan City Manager 1-
William D. Miller, Chief of Police
SUBJECT: State and Local Task Force Agreement, Department of
Justice, Drug Enforcement Administration (DEA)
PURPOSE
• The purpose of this memorandum is to provide the Mayor and
members of the City Council with information to consider
entering into a standardized State and Local Task Force
Agreement with the Department of Justice, DEA, to broaden our
Police Department' s efforts to negate drug trafficking in the
City of Elgin.
BACKGROUND
The City of Elgin Police Department has been on the forefront of
investigations into illicit drug trafficking within the City.
The agreement provides the Police Department with the additional
resources of the partnering Agency, the Drug Enforcement
Administration (DEA) .
Participation in the State and Local Task Force Agreement with
the DEA will provide Federal resources necessary to move to the
next level in our drug interdiction efforts within the City of
Elgin. The focus of our Task Force member will be on the
disruption of illicit drug activity, gathering and reporting of
intelligence data related to trafficking of narcotics and
dangerous drugs and operations leading into effective
prosecution by Federal and State courts .
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
North Central Narcotics Task Force, Illinois State Police .
DnotiFINANCIAL IMPACT
No additional hiring of personnel is required as an existing
Police Officer will be reassigned. Salary and benefits for an
DEA Task Force Agreement
em. May 23, 2003
Page 2
officer is approximately $80, 000 per year (account number 010-
2304-731 .01-01, Personnel Expenses) . An existing undercover
seized vehicle with a maintenance cost of approximately $5, 000
(account number 601-4701-796 . 17-15, Vehicle Fuels) per year will
be assigned. Both of these expenses were budgeted in the
regular 2003 Police/Public Works budgets and sufficient funds
exist to cover these expenses . The 2004 Budget will need to
reflect these expenses for the second year of the agreement .
The DEA Task Force will reimburse the City for actual overtime
hours worked up to a maximum of $9, 801 annually. No overtime
expenses beyond the reimbursed amount are anticipated. Since we
will be participating in the Task Force, the City of Elgin will
share asset seizures associated with DEA operations .
GAL IMPACT
\I\3\1>NVE
The agreement has been reviewed by the Legal Department .
rft. ALTERNATIVES
1. Approve the participation of the Police Department in the
State and Local Task Force Agreement with the Department of
Justice, Drug Enforcement Administration, to draw from
Federal resources to interdict illegal drug activity in the
City of Elgin.
2 . Decline involvement in the agreement and remain with local
resources to interdict drug activity in the City of Elgin.
RECOMMENDATION
It is recommended that the City Council approve participation in
the State and Local Task Force Agreement with the Department of
Justice, Drug Enforcement Administration.
Respectfully submitted for Council consideration.
RP/sp
Attachments
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