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HomeMy WebLinkAboutS03-Police Department · CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION , ALCOHOL BEVERAGE CONIROL GRAN I Subject: "TARGET ALCOHOL PREMISES PROBLEMS" (TAPP) . From: DANIEL A. ROBBINS CHIEF OF POLlCE Dept: POLlCE Date: 11/9/94 Synopsis of Previous Council action: None. Recommended motion: 1. Adopt Resolution. 2. That one position of police detective be added to the police department's table of organization, assigned to account #215, for the duration of the grant. 3. That the Director of Personnel be authorized to amend the appropriate resolutions to effect this change. Contact person: L t nAnn; < Kr""< Phone: 382-8614 or 473-1004 Supporting data attached: Vpc. Ward: FUNDING REQUIREMENTS: Amount: $5,756.75 108-000-30405 Source: Asset Forfeiture Finance: ~~A~Lrfi-... Council Notes: 75.0262 Agenda Item NO.~ -:3 CITY OF SAN BERtlARDINO - REQUEST ~OR COUNCIL ACTION STAFF REPORT The San Bernardino police Department received notice of the possibility of a $100,000 grant from the State Alcohol Beverage Control Department the week of September 29, 1994. The rules for submission of requests for proposal mandated submission no later than October 17, 1994. Due to the limited time set by the state, to submit the grant, the proposal was submitted prior to Council approval, with the understanding that approval would be sought if the grant was obtained. The department was selected as a grant recipient on November 1, 1994. The grant allots $94,737.57 to the police department for a "Target Alcohol Premises Problems" program which will fund an additional vice detective, upgrade our computer aided dispatch program, and purchase a lap-top computer/cellular phone modem for the program's use. The program is funded for one year, with the possibility of additional funding via requests for proposal next year. The "Target Alcohol Premises Problems" (TAPP) is a program for effectively eliminating alcohol premises problems through more efficient data use, training, and proactive enforcement. The program consists of a TAPP Data Program, department-wide ABC law and TAAP Data Use training and the addition of a TAPP officer (vice detective) . The TAPP officer would first help design and coordinate the implementation of a TAAP data base program for use with our existing computer aided dispatch system. The TAPP officer would then implement department-wide training on the TAPP program's use. The TAPP officer's proactive enforcement of ABC laws and related laws will then follow to eliminate alcohol premises violations. Funding by this grant will only allow 30 percent of base salary for benefits. Since our sworn personnel receive 40.6 percent, the additional 10.6 percent or $5,756.75 will need to be funded by the City. We propose funding the $5,756.75 through asset forfeiture. The remaining "other funds" detailed in the "other funding" sources sheet of our grant proposal package are items we will meet with existing resources. The remaining equipment and resources listed under "other funds" will be supplied from existing budgeted accounts and available equipment already in use. 75-0264 1 2 3 4, 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 r, '-' RESOLUTION NO.~ - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE PARTICIPATION OF THE SAN BERNARDINO POLICE DEPARTMENT IN THE TARGET ALCOHOL PREMISES PROBLEMS GRANT ADMINISTERED BY THE DEPARTMENT OF ALCOHOL BEVERAGE CONTROL BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. WHEREAS, the Ci ty of San Bernardino desires to undertake a certain project designated as Target Alcohol Premises Problems to be funded in part from funds made available through the grant assistance to local law enforcement agencies project administered by the Department of Alcohol Beverage Control (hereafter referred to as ABC) . SECTION 2. NOW, THEREFORE, BE IT RESOLVED that the Chief of Police of the City of San Bernardino is authorized, on its behalf to submit the attached proposal to ABC and is authorized to execute on behalf of the San Bernardino City Council the attached contract including any extensions or amendments thereof and any subsequent contract with the State in relation thereto. SECTION 3. IT IS AGREED that any liability arising out of the performance of this contract, including civil court actions for damages, shall be the responsibility of the grant recipient and the authorizing agency. The State of California and ABC disclaim responsibility for any such liability. SECTION 4. BE IT FURTHER RESOLVED that grant funds received hereunder shall not be used to supplant expenditures controlled by this body. SECTION 5. IT IS ALSO AGREED that this award is not subject to local hiring freezes. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 '""' C) RESOLUTION OF THE CITY O~AN BERNARDINO AUTHORIZING THE PARTICIPATION OF THE SAN BERNARDINO POLICE DEPARTMENT IN THE TARGET ALCOHOL PREMISES PROBLEMS GRANT ADMINISTERED BY THE DEPARTMENT OF ALCOHOL BEVERAGE CONTROL I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the day of , 1994, by the following vote, to wit: COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT NEGRETE CURLIN HERNANDEZ OBERHELMAN DEVLIN POPE-LUDLAM MILLER City Clerk The foregoing resolution is hereby approved this day of , 1994 Tom Minor, Mayor City of San Bernardino Approved as to form and legal content: JAMES F. PENMAN, City Attorney By: STATE OF CALIFORNIA - BUSINESS, 'CPORTATION AND HOUSINO AOENCY DEPARTMENT OF ALCO IC BEVERAGE CONTROL 3810 ROSIN COURT, SUITE 150, SACRAMENTO, CA 95834 (916) 263-6900 ~ -- PETE WILSON, Governor . September IS, 1994 TO: SHERIFFS AND POLICE CHIEFS OF CALIFORNIA FROM: JAY R. STROH, DIRECTOR ~DEPARTMENTOFALCOHOLICBEVERAGECONTROL SUBJECT: REQUEST FOR PROPOSALS: ABC GRANTS FOR LOCAL LAW ENFORCEMENT For the first time in its thirty-nine year history, the Department of Alcoholic Beverage Control (ABC) is offering grants to local law enforcement agencies within the State of California. I am extremely pleased to introduce this project and to invite your agency to submit a proposal. Beginning in January of 1995, this Department will award $100,000 grants to at least fifteen local law enforcement agencies. These grants will enable the selected agencies to expand their present efforts of detecting and targeting those alcoholic beverage licensed establishments that are disruptive both to the community and to law enforcement. This will be accomplished through a comprehensive ABC program that will encompass a wide range of strategies using the resources of ABC, your agency and the community. If your agency is selected, your sworn officers assigned to the project will work closely with ABC investigators and receive training in ABC law, alcohol enforcement strategies and tactics, administrative license revocation procedures and community resources. The sworn officers and ABC investigators will investigate the problem outlets and prepare cases for appropriate criminal, administrative or civil action. This Request for Proposal contains all the information and forms you will need to prepare and submit a proposal. This Department must receive all proposals by 5:00 p.m. on October 17, 1994. Proposals received after the due date and time will be ineligible for consideration. I"""- ""'. '-' '-' To assist you and answer any questions that you may have regarding this project, a bidder's conference will be held in both Northern and Southern California, as follows: Northern California Southern California September 27, 1994 10:00 a.m.-12:00 Noon Oakland Police Department Auditorium - Main Lobby 455-7th Street Oakland September 29, 1994 10:00 a.m.-12:00 Noon Ronald Reagan State Building Auditorium 300 South Spring Street Los Angeles A selection committee will review and evaluate all proposals using a point system and it is anticipated that selections will be made by November I, 1994. Selections will be based upon the applicant's responsiveness to the Request for Proposal and ability to implement a project based on the program and administrative requirements. If you have any questions concerning this Request for Proposal, please contact Jerry R. Jolly, Project Coordinator, at (916) 263-6880. We look forward to receiving your proposal and to the possibility of working with you to reduce alcohol-related problems in your community. ~erelY, ;;t.;1.1.hi#M Director Enclosures: ( I) Request for Proposals (2) Grant Forms (3) Grantee Handbook (4) ABC License Count by City (ABC-536) - State of Ca lfornia Department of Alcoholic Beverage Control Grant .4ssistance to Local Law Enforcement Agencies Project 1. Name of Applicant Agency: SAN BERNARD NO P 2. Description of Applicant Agency: (Provide a brief summary ineluding history, size, staffing and structure of the organization in no more than 100 words.) San Bernardino is the county seat with 56 square urban miles. The 1992 FBI Crime Report ranked San Bernardino FIRST in the state and 13th in the nation for crime (cities over 100,000). Record murder rates, a significant gang population, and a continuing prostitution problem keep the department and the Vice detail busy. With hundreds of licensed premises, the department has not had the time nor manpower to address alcohol premise problems as it would have liked to. The police department has 282 sworn officers and 152 civilian personnel with one sergeant and two detectives assigned to vice. PROPOSAL COVER SHEET ,TO BE COMPLETED BY APPLICANT AGENCY) ABC Control # (ABC use only) ~ .... 3. City or County Served: San Bernardino 5. Project Description: (Summarize the proposed project plan covering the objectives, method of procedure, evaluation and end product in approximately 100 words.) TARGET ALCOHOL PREMISE PROBLEMS (TAPP) is a program for effectively eliminating alcohol-premise -problems- through more efficient data use, training, and proactive enforcement. The program consists of a TAPP data program, department-wide ABC law and TAPP data use training, and the addition of a TAPP officer (Vice detective). The TAPP officer would first help design and coordinate the implementation of a TAPP data base program for use with our existing CAD system. The TAPP officer would then implement department wide training on the TAPP program's use. The TAPP officer's proactive enforcement of ABC and related laws would follow. 6. Funds Reqqested: 7. Project Period: )1UO,000 Januar 1, 1995 to December 33, 19 5 8. Acceptance of Conditions: By submitting this proposal, the applicant signifies acceptance of the responsibUity to comply with all requirements stated in the Request for Proposals. The applicant understands that ABC is not obligated to fund the project until the applicant submits correctly completed documents required for the contracL Phone: Signature: B. CHIEF OF POLICE OR SHERIFF (authorizin omcial) Name: Daniel A. Robbins Address: 374 S Mill er Ln San Bernardino CA 92408 Phone: 382-8617 Signature: Title: Title: Chief of Police Phone: Signature: Title: Captain Larry Richards 374 S Mi ller Ln San Bernardino CA 92408 382-8623 Name: Address: Department 0/ Akoholic BeYerage Control (9/94) ~f.. / "'"" '- ~ - PROJECT NARRATIVE BACKGROUND The City of San Bernardino is the 56-square mile county seat of San Bernardino County located 60 miles east of Los Angeles. The city was founded in the early 19th century by Mormon pioneers and has since grown into a major city of 187,000 culturally diverse citizens. San Bernardino enjoys a major role in the urban Inland Empire area. The San Bernardino Police Department was established early in this century and has grown dramatically with its city over the past decade. The San Bernardino Police Department serves the community with 282 sworn personnel and 152 civilian personnel. Approximately 68% of the department's personnel are assigned to the Patrol Division, 10% to the Detective Bureau, 8% to Vice/Narcotics and the gang suppression units, . ~ and 2% to Administration. The remaining 12% is assigned to Dispatch and support services. The department is structured in three divisions with. Patrol the largest, Investigations Division, and Services Division. Vice and narcotics are part of the Investigations Division. The Vice Detail has a sergeant and two investigators assigned. The primary mission of the San Bernardino Police Department is outlined in our mission statement which is, "To provide progressive quality police service; a safe environment to improve the quality of life; and a reduction in crime through problem recognition and problem solving". The department is committed to Community Oriented Policing (adopted 1984) and Problem Oriented Policing (1993). The department emphasizes proactive problem solving and utilizing resources in and outside the department. Problem Oriented Policing (POP) is applied in conjunction with traditional police methods. There are POP officer teams in each Community Oriented Policing Team area along with the traditional patrol officers. The department has recently extended the POP methods to the Detective Bureau Robbery/Burglary/Auto Theft Detail. This grant would extend that method into the Vice Detail. The ~ange of our current policing system is expanding as the department gains in experience. We are reaching out to other agencies (including ABC) for assistance, cooperation and coordination. Currently, a 90-day "Operation Safe Streets" program has placed a task force of 40 city police, county sheriffs, and highway patrol working for a San Bernardino lieutenant in our city's trouble areas. Patterned after a similar Fresno project, the idea is to flood a troubled area with zero tolerance enforcement officers. Our project has included representatives from ABC, State Parole, local probation, and other agencies. Our commitment to problem solving and ever expanding interagency cooperation is substantial. Our department's focus is by necessity on violent street crime due to our record homicide rates and large gang population. Vice has focused its limited personnel on street prostitution due to its widespread continuing nature. 1 D.part1lU1n: >, Akoholk BntrOIl' Control (9/94) ,. c / ~ ,....,I PROJ ECT NARRATIVE This grant would place an additional police investigator in the Vice unit who would be dedicated to targeting and eliminating problems at alcohol premises. The Target !lcohol Premises ~roblems program (TAPP) is designed to operate out of the Vice detail under the direct supervision of the vice sergeant who would have Project Director responsibility. The Vice/Narcotics lieutenant would have management responsibility. The TAPP officer would have overall responsibility for the development of the TAPP computer aided dispatch (CAD) program working with our in-house Crime Analysis Unit and the city's Management Information Systems services to develop the program changes necessary to make the TAPP program functional. The officer would also have to coordinate with our training manager to develop and implement department wide TAPP and ABC training for the grant. Finally, the officer would coordinate with our Patrol area commanders to facilitate enforcement '.' efforts with the area POP officers. PROBLEM STATEMENT San Bernardino is located 60 miles east of the Los Angeles metropolitan area and directly in the path of area urban growth patterns. .Our dramatic increase in crime may be traced, at least in part, to an exodus o~ gang members and other criminals from the Los Angeles area to our city. The 1992 FBI report rated our city first in California and 13th in the nation with respect to crime rates (for cities over 100,000, including Los Angeles). The first half of 1993 showed our city having the highest murder rate in the state (23 homicides per 100,000) arid our 1990 and 1992 years were record breakers for numbers of homicides as well. We have identified over 2,100 gang members in our city belonging to at least 10 major gangs and over 10,000 gang members in our county. According to State Parole, there are 874 active case parolees in our city with 174 of these currently fugitives. As of 1990, 3850 felons were paroled in 'San Bernardino County. Add to these problems poverty and low income economic issues and the current recession. As of 1989, 36,186 persons within the city were living in poverty and 34% were on welfare according to California Cities. Towns & Counties, (1993). We have experienced a dramatic increase in our city's population in the last decade with scoresuof undocumented immigrants from Mexico and Centrar-America locating here. Our economic base has been negatively impacted with the closure of many local businesses including Norton Air Force Base with the loss of 10,000 military and civilian jobs. Our calls for police service have outpaced our ability to respond. It is not uncommon for our calls for service to be backed up on the weekends 30 to 40 calls waiting because of violent crime. These backed- up calls translate into calls that are held due to the unavailability of a police officer to respond. In summer months, some of our officers field as many as 50 calls in a 10-hour shift. We have a call prioritization system rating violent crimes highest, lesser crimes in- progress next, and so on. Unfortunately many calls involving ABC 2 D.ptutmlll' " Ako6olk ....,"'. Colllrol (9/94) ~~ r \..i --- - ,/ PROJECT NARRATIVE violations must through necessity be a lesser priority and not get the response needed. As our Background section indicates, our primary departmental focus must by necessity be on violent street crime. That leaves the Vice detail with the major responsibility for most of the ABC enforcement and problem solving. Here too we have manpower and workload problems. with just a sergeant and two investigators resources are spread thin. The city has a long running street prostitution problem that takes up much of their time. The Vice detail continues to devote as much time as possible to alcohol premises problems but problems persist. San Bernardino County has 2,763 ABC licenses and San Bernardino City 373. ABC has worked 20 investigations in our city in the last year and a half. These investigations include disorderly premises, sales to ~, minors, prostitution, drug sales from the premises, sales to intoxicated customers, refilling, and free goods violations. The ABC Liaison section shows how our department and ABC have worked closely together on half a dozen of those with successful results. I believe these numbers are far below the actual problem that exists. Past experience by our area commanders who have conducted ABC violation sweeps has disclosed less than 50% law compliance. Another major problem is the seeming over saturation of ABC licensed premises in a high crime area exacerbating crime problems. We believe there is a direct nexus between our high crime rate and alcohol premise problems in certain areas. Because of our departmental focus on violent street crimes, lack of manpower, the. resultant call prioritization, and the ever present street prostitution problem, most of the ABC related crimes go undetected. This grant would help reorient our department to this problem, provide our street officers with needed training and information, and dedicate the resources of an investigator to the problem. Our Vice detail has worked well and has an excellent rapport "with local ABC investigators and we have had some success, but the number of problems outstrips our current ability to deal with all the problems. The creation of a TAPP officer motivated towards and dedicated to alcohol premise problems is one answer. Armed with accurate and timely data from the TAPP program, hav:lng trained the department in ABC enforcement and having the dedicated time to deal with the problem, the TAPP officer can make a big difference in our alcoholic premise problems. Our program objectives are simple, but important: 1. Develop a TAPP data program for use by all personnel. 2. Train all field personnel in the TAPP data program capabilities and all applicable ABC laws. 3. TAPP officer to conduct a minimum of four alcohol premise problem investigations a month with an additional goal of successfully completing 100% of them. 3 D.,_n: _/ Ako"oUe B.."",. Control (9/94) ~~ c o PROJECT NARRATIVE I- 4. Active participation of all (12) patrol POP officers in at least one TAPP investigation with assistance of the TAPP officer. 5. TAPP officer to conduct and coordinate two major TAPP investigations involving ABC special operations agents and to maintain a close working relationship with ABC agents at all times. METHOD OF PROCEDURE The first step in fulfilling the grant will be the selection of a 'police investigator who is motivated towards implementing a new project and who possesses the ability to coordinate the design of a TAPP CAD system. ,~. The investigator must be able to work with in-house and-City Management Information Systems (MIS) personnel as well as.c::learly anticipate the informational needs.of such a program. The city's system specialist will use approximately 40 hours of time to help design the new TAPP computer program and coordinate its programming through the MIS Department. According to my preliminary research with the specialist and MIS personnel, the additional programming will be contracted out 'to the PRC Company who wrote our original computer program at the normal rate of $250 per hour. Since the product has high potential for reproduction and use by other departments, the possibility exists that a lower rate may be obtained from PRC. Neither MIS.nor our computer specialist has the capability to make the changes this program requires for the new TAPP program. Once the program is written, input of information will be made by a records clerk and 80 hours of time have been budgeted for that purpose. As soon as the design of the program is completed and during ics creation and implementation, the TAPP officer will have to design orientation training for the department's patrol personnel. , The TAPP CAD program is envisioned as, a program which is accessible through CAD to all enforcement officers which would do the following: 1. Listing of all alcohol premises (ABC licensed), each licensed establishment which can be called up as an individual record. 2. Establishment records will include type and conditions of the license, ownership information, and a premise history. The TAPP officer will have input capability to alert officers responding to the establishment of potential problems, on- going investigations, and the need for feedback to the TAPP officer on certain premises. 3. Listing and explanation of all appropriate ABC codes related to that specific establishment and enforcement options. 4 D.partlUII' Jf Akoholk B..lfar' COII/ro' (9/94) 7 :l:.... / ;' c, o PROJECT NARRA TlVE 4. A TAPP officer alert box which if checked by officer will send a message to the TAPP officer notifying him of problems at an establishment and case number for further investigation. 5. Program will have the ability to generate informational reports for the TAPP officer upon request for problem analysis, incident series, and other information as needed. The above list is by no means inclusive and will be part of the TAPP officer's responsibility to design and coordinate creation of. the time frame for completion of this phase is four to five weeks. This time can also be used by the TAPP officer for formulation of training materials. The next phase will be the training and orientation of all involved personnel. The TAPP officer will create roll call video-training on the use of the TAPP program and begin implementation and use. If further training is needed, the officer will coordinate and conduct it. The TAPP officer will have to simultaneously train fellow vice investigators so they may utilize and run the program in his/her absence. The time frame for training should be no more than two to three weeks. The .next phase of the program will be organization and implementation 'of enforcement efforts. This will take the remainder of the grant period. Time lines for investigations must by necessity relate to their occurrence and magnitude, but the following expectations serve as general guidelines. The TAPP officer should complete one investigation a week minimum and one major investigation involving ABC resources in the first six months. A second major investigation should come in the later half of the grant period. The TAPP officer will undoubtedly work closely with ABC investigators during the initial stages until this department's intelligence reaches a sustaining level. By analysis and targeting the highest priority alcoholic premise problems, the TAPP officer will conduct investigations on a continuing basis. The objective of one per week is a minimum, and it is hoped the officer will not only personally conduct investigations but coordinate similar investigations by fellow vice investigators, patrol POP officers, and any other personnel who become involved. With 12 POP officers, at least one per month should be involved in an investigation if the objective of getting them all involved is to be reached. The rational for involving them is training and involvement which will hopefully lead to motivation to do more investigations. positive involvement in such investigations may motivate and reorient patrol POP personnel towards alcohol premise investigations and serve the TAPP program objectives as well. It is anticipated that the TAPP officer will do proactive as well as reactive investigations. The officer will of course respond to any investigations reported by the TAPP program or other sources. The officer will be expected when time permits to conduct proactive operations such as decoy minor sales, surveillances of establishments inside and out, and site inspections. 5 , ~. \ I - D.p_.n: "Akoholk B.."o,. Control (9/94) , '". ,.... \w ,-" '-' PROJECT NARRATIVE .I , This officer will be expected to work with local ABC agents when possible on investigations in our jurisdiction and provide support and liaison for them. Utilizing existing Vice investigators, undercover investigations will be encouraged to develop intelligence and conduct investigative leads. METHOD OF EVALUATION The program will be closely supervised by the vice sergeant and managed by the Vice/Narcotics lieutenant. A monthly report will be produced by the TAPP officer not only outlining all activity, but specifically addressing the progress on grant objectives. This report will become part of our monthly department report to the city and be kept for gra~t evaluation purposes as well. In addition, the vice sergeant will ..' closely supervise and encourage the creation of all files needed by the TAPP officer to more effectively conduct TAPP investigations. Every time an investigation related to grant requirements is conducted, a memo listing the department case number and synopsis of the investigation will be produced. The synopsis will include what enforcement action was taken and the final result of the investigation. That memo will be forwarded to the vice sergeant for approval and then filed for grant information later. It is anticipated all the above date and more will also be contained in the TAPP computer program files as well. ABC LIAISON The San Bernardino Police Department has enjoyed a very good working relationship with ABC. The department has worked closely with ABC agents Kerin Kenny, Sean Curtis, Cindy Kane, Gerry Ackley, Mike Sena, Barbara Lyons, Richard Bass, Gene Barnes, Burt Villarde, Walt Jarman, Pat Langley, Marcy Grey, and Cheryl Wooden on one or more of the following cases over the past two years. 1. October 1993 - closure of Celia's Beer Bar at 4th and Mt. Vernon for drug dealing out of the bar. 2. December 1993 Silk productions "entertainment" business conducting unlicensed business serving drinks and providing l5anas for community events. 3. February 1994 - closure of Thumpers Bar on Hospitality Lane for disruptive premise problems. 4. April 1994 Fame Liquor and other liquor stores in San Bernardino. Operation targeting drug paraphernalia sales in liquor stores. Nine of the above agents worked on this operation with us. 5. June 1994 - Sammy's Bar for prostitutes working out of bar. . 6. May/June/July 1994 - ABC agent Gerry Ackley donated time to act as undercover operator in street prostitution operation. Well done and mucn appreciated. 6 Departmen: 4 Akoholi<: Be,erare Control (9/94) 1:; - ,'""' '-' ......., .' i - PROJECT NARRATIVE 7. October 1994 Rocket Theater. Agents assisted us in investigation of pending ABC license possibly changing type of entertainment. STATEMENT OF INTENT It is our department's intent to continue to address alcohol premise problems with or without the grant. The grant will allow us to dedicate an investigator for an entire year to the problem. During this time, the TAPP CAD program will be developed and will be used long after the grant. Hopefully, the TAPP CAD program can be used by other departments as well. It is my understanding most of the police agencies in Southern California use the same CAD programs; thereby making this additional program potentially available to many other departments. Our vice ..- sergeant has indicated the need for an additional investigator in Vice and will undoubtedly attempt to budget this additional position during the next budget cycle. This grant can only serve to bolster that effort. / / " .7 Departmen: ,f Akoholic Be.,,,,,e Conlrol (9/94) i:~ BUDGET ESTIMATE r, (1 BUDGET CATEGORY AND LINE.ITEM DETAU. COST A. Personal Services (salaries, overtime and benefits) SALARIES Detective (vice) $53,340.00 Computer System Specialist (40 hours) 803.75 Records Clerk (80 hours) 923.54 BENEFITS Detective - 30% x 25.6442 16,062.00 Computer System Specialist - 28.5% x 18.5481 229.07 Records Clerk - 28.5% x 11.5442 263.21 OVERTIME Detective - estimated 120 hours at $38.47 per hour 4,616.00 OPERATING EXPENSES City CAD system pro9rammin9 to include TAPP program 15,000.00 TOTAL PERSONAL SERVICES $91,237.57 B. Equipment . 1. One IBM compatible 486/66 mzh lap top computer with modum 1,500.00 2. One cellular phone with modum attachment 1,000.00 . - - TOTAL EQUIPMENT $2,500.00 ... C. Travel Expenses - , 1. Travel and .2-day stay in Los Angeles at ABC symposium in January 1995 . 500.00 ~ ~.- - 2. Travel and 2-day stay in Los Angeles at ABC symposium mid 1995 500.00 TOTAL TRAVEL EXPENSES 1,000.00 TOTAL BUDGET ESTIMATE, ALL CATEGORIES t94 737.57 D.partm.'" of Akoho/k B...,.",. Cunlrol (9/94) OTHER FUNDING SOURcEs :) ./. Complete the following to report the total funds available to support the activities related to accomplishing the goals and objectives of the contract. In the "Grant Funds" column, report the ABC funds requested by category. In the "Other Funds" column, report all other funds available to support the project by category. Then calculate the totals by category in the "Program Total" column. Total each column down to arrive at the total program funds available. - BUDGET CATEGORY GRANT OTHER PROGRAM . FUNDS FUNDS TOTAL Personal Services Vice Detective $69,402.00 10.6% of benefits $5,756.75 Computer System Specialist (40 hr ) 1,032.82 Records Clerk (80 hours) 1,186.75 Detective (overtime) 4,616.00 $81,994_32 Operating Expenses Vehicle fuel / 2,500.00 Telephone charges 1;200.00 Office rent 700.00 Cellular phone charges 1,400.00 Other professional services, computer programming 15,000.00 20,800.00 Travel 1. Travel & 2-day stay at ABC symposium - Jan. 1995 500.00 , 2. Travel & 2-day stay at ABC symposium - mid 1995 500.00 1,000.00 Equipment .---- Laptop PC with modum & ce 11 u 1 ar phone 2,500.00 Desk & chair 800.00 Telephone 150.00 Vehicle 14,000.00 HT Radio 1,200.00 HII;l;n.nn TOTALS $94,737.57 $27,706.75 $122,444.32 Ii , , ... !~. . (This Corm does not become part of the contract.) i I DeptU1menl of Akoholi. Be,era,. COnlrol (9/94) \ , SrA.re OF CA.~IFORNIA. " G M 0 APPROVED BY THE STANDARD A REE ENT ATTORNEY GENERAL STD. 2IREV. 5.91) ~~R '\ \ IAM~ : TA:JtPAYERS FEJ:::lEAAL. EWl.O't'ER IJENTFDT10N 1II.JtwlBE" THtSACREEMENT,madeand,'nte,l'dmto'hi, 14th davol November .19~, I in thE' StatE' (If California, by and between State of California. through iL$ duly elE.'(ted Of appointed. qualified and acting TTTl.F. OF OFFICER .'\Cil:-.iC fOR 51 A TE AGE:-.in Assistant Director De artment of Alcoholic Bevera e Control, h,,,'alt., called th,. State, and (O'\:TRACTOR'S 'AME Citv of San Bernardino through San Bernardinn Pnlice Dept.,he,eaftercalledtheContracto,. WIT~ESSETH: That tht.~ Contractor for and in considt'ratton oi the co\'~nants. (llnditions. agn..ements. and stipulations of the Stitt' hereinafter ('xpres!<ilod. d~ hereby agree to furnish to the State ser.'ices and materials. as 10110\\"5: (St:ll~lrth stn'jcc 10 lit relld~rM by Contradllr, amolmt to be ptJid Co,uractor, timt'ft1r perforftlancet1r completion. and alta,'h plJlns fmd $ptc:ifkations, if Qny.) 1. Contractor agrees to provide services as specified in the "Project Narrative" consisting of seven (7) pages and the "Budget Estimate" consisting of nnp (1 )page(s). All pages anached hereto bearing Contractor's name and contract number are hereby incorporated into this agreement by this reference. 2. The term of this agreement is: January I. 1995 through December 31. 1995 . 3. The maximum amount payable under this agreement shall not exceed $ 94,737.57 4. The attached STD. 17 A "Nondiscrimination Clause' .:onsisting of one page and bearing Contractor's name and contract number are hereby .ncorporated into this agreement by this reference. 5. This agreement may be terminated prior to the expiration date by either party upon thirty (30) days prior written notice. If at any time the Contractor should cease to perform the services specified herein, the contract is deemed to be terminated. No penalty shall accrue to either party because of contract termination. CONTINUED ON _.2_ SHEETS, EACH BEARtNG NAME OF CONTRACTOR AND CONTRACT NUMBER. The provisions on . '.I! reverse sid~ herel'\f constitute a part of this agreement. IN WIT~E..C;S WHEREOF, this at,'Tt":ement has been executed by the partics hereto. upon the date first above written STATE OF CALIFORNIA CONTRACTOR PlBCf CONT'RACTOR (i' om.r rflMl .n mditfidual. st." whettIM '" ~"",.".rtnership. ere.) BY (Al1T>1ORl2ED SlGNATUeel ~ PRMEDNN.E ANlTlltE OFPERSQ\IS113NM3 T1Tl.E Assistant Director AMOUNT ENCUMBERED BY THIS DOCUMENT ~ $ 94,737.57 PRIOR AMOUNT ENCUMBERED FOR THIS CONTRACT $ n/a TOTAL AMOUNT ENCUMBERED TO DATE OBJECT OF EXPENDITURE (CODE AND TITLE) $ .94,737.57 6-61.702 Grants-Governmental J hereby cemly upon my own personal knowledge that budgeted funds TB.A. NO are available for the peri purpose of the expenditure stated above PROGRAM i CATEGORy {CODE AND TITLE) 10.20 - Com Iiance IIOPTlONAl USEI 5012/12000 Fund Department of General Services Use Only 2100-101-081 94/95 ITEM SIGNA.TURE OF ~ n CONTRACTOR STATE AGENCY o DEPT. OF GEN. SER. o CONTROllER o City of San Bernardino through San Bernardino Police Department Contract Number 94G-LA16 Page 2 of 3 6. Revisions to the "Project Narrative" may be requested by a change request letter submitted by the Contractor. If approved by the State, the revised "Project Narrative" and/or "Budget Estimate" supersede and replace the previous documents bearing those names. A contract amendment will be required to implement any such changes with the exception that changes in a budget line item of expense not to exceed five percent (5%) of the line item may be authorized without requiring a contract amendment if the total amount of the contract remains unchanged. 7. Contractor agrees to make available to the California State Auditor any books, records, documents, and other evidence pertaining to reimbursable costs, and any matching costs and expenses, and hold them available for audit and inspection by the State for a period of three years after the final payment of this contract. Contractor agrees to make available to the Department of Alcoholic Beverage Control or any State audit entity these same materials pertaining to the performance of this contract at any time during the term of this contract up to a period of three years after the final payment of this contract. 8. Contractor agrees to refund to the State any amounts claimed for reimbursement and paid to Contractor which are later disallowed by the State after audit or inspection of records maintained by the Contractor. 9. Any dispute concerning a question of fact arising under this contract which is not disposed of by agreement shall be decided by the Director, Department of Alcoholic Beverage Control, or designee, who shall reduce his decision to writing and mail or otherwise furnish a copy thereof to the Contractor. The decision of the Department shall be final and conclusive unless, within 30 days from the date of receipt of such copy, the Contractor mails or otherwise furnishes to the State a written appeal addressed to the Director, Department of Alcoholic Beverage Control. The decision of the Director of Alcoholic Beverage Control or his duly authorized representative for the determination of such appeals shall be final and conclusive unless determined by a court of competent jurisdiction to have been fraudulent, capricious, arbitrary, or so grossly erroneous as necessarily to imply bad faith, or not supported by substantial evidence. In connection with any appeal proceeding under this clause, the contractor shall be afforded an opportunity to be heard and to offer evidence in support of its appeal. Pending final decision of a dispute hereunder, Contractor shall proceed diligently with the performance of the contract and in accordance with the decision of the State. 10. By signing this agreement, Contractor swears under penalty of perjury that no more than one final unappealable finding of contempt of court by a federal court has been issued against Contractor within the immediately preceding two-year period because of Contractor's failure to comply with an order of the National Labor Relations Board. For the purposes of this section, a finding of contempt does not include any finding which has been vacated, dismissed, or otherwise removed by the court because Contractor has complied with the order which was the basis for the finding. I C' :; PROJECT NARRATIVE This grant would place an additional police investigator in the vice unit who would be dedicated to targeting and eliminating problems at alcohol premises. The ~arget Alcohol Premises ~roblems program (TAPP) is designed to operate out of the Vice detail under the direct supervision of the vice sergeant who would have Project Director responsibility. The Vice/Narcotics lieutenant would have management responsibility. The TAPP officer would have overall responsibility for the development of the TAPP computer aided dispatch (CAD) program working with our in-house Crime Analysis Unit and the city's Management Information Systems services to develop the program changes necessary to make the TAPP program functional. The officer would also have to coordinate with our training manager to develop and implement department wide TAPP and ABC training for the grant. Finally, the officer would coordinate with our Patrol area commanders to facilitate enforcemen.t '.. efforts with the area POP officers. PROBLEM STATEMENT San Bernardino is located 60 miles east of the Los Angeles metropolitan area and directly in the path of area urban growth patterns. .Our dramatic increase in crime may be traced, at least in part, to an exodus of gang members and other criminals from the Los Angeles area to our city. The 1992 FBI report rated our city first in California and 13th in the nation with respect to crime rates (for cities over 100,000, including Los Angeles). The first half of 1993 showed our city having the highest murder rate in the state (23 homicides per 100,000) and our 1990 and 1992 years were record breakers for numbers of homicides as well. We have identified over 2,100 gang members in our city belonging to at least 10 major gangs and over 10,000 gang members in our county. According-to State Parole, there are 874 active case parolees in our city with 174 of these currently fugitives. As of 1990, 3850 felons were paroled in San Bernardino County. Add to these problems poverty and low income economic issues and the current recession, As of 1989, 36,186 persons within the city were living in poverty and 34% were on welfare according to California Cities. Towns & Counties, (1993). We have experienced a dramatic increase in our city's population in the last decade with scores of undocumented immigrants from Mexico and Centra~'-America locating here. Our economic base has been negatively impacted with the closure of many local businesses including Norton Air Force Base with the loss of 10,000 military and civilian jobs. Our calls for police service have outpaced our ability to respond. It is not uncommon for our calls for service to be backed up on the weekends 30 to 40 calls waiting because of violent crime. These backed- up calls translate into calls that are held due to the unavailability of a police officer to respond. In summer months, some of our officers field as many as 50 calls in a 10-hour shift. We have a call prioritization system rating violent crimes highest, lesser crimes in- progress next, and so on. Unfortunately .many calls involving ABC 2 Dtp_II' ,j Altoholk BtNr.. Control (9/94) ,:- c ''',. I '-'" PROJECT NARRATIVE violations must through necessity be a lesser priority and not get the response needed. As our Background section indicates, our primary departmental focus must by necessity be on violent street crime. That leaves the Vice detail with the major responsibility for most of the ABC enforcement and problem solving. Here too we have manpower and workload problems. With just a sergeant and two investigators resources are spread thin. The city has a long running street prostitution problem that takes up much of their time. The Vice detail continues to devote as much time as possible to alcohol premises problems but problems persist. San Bernardino County has 2,763 ABC licenses and San Bernardino City 373. ABC has worked 20 investigations in our city in the last year and a half. These investigations include disorderly premises, sales to minors, prostitution, drug sales from the premises, sales to intoxicated customers, refilling, and free goods violations. The ABC Liaison section shows how our department and ABC have worked closely together on half a dozen of those with successful results. I believe these numbers are far below the actual problem that exists. Past experience by our area commanders who have conducted ABC violation sweeps has disclosed less than 50% law compliance. Another major problem is the seeming over saturation of ABC licensed premises in a high crime area exacerbating crime problems. We believe there is a direct nexus between our high crime rate and alcohol premise problems in certain areas. Because of our departmental focus on violent street crimes, lack of manpower, the resultant call prioritization, and the ever present street prostitution problem, most of the ABC related crimes go undetected. This grant would help reorient our department to this problem, provide our street officers with needed training and information, and dedicate the resources of an investigator to the problem. Our Vice detail has worked well and has an excellent rapport 'with local ABC investigators and we have had some success, but the number of problems outstrips our current ability to deal with all the problems. The creation of a TAPP officer motivated towards and dedicated to alcohol premise problems is one answer. Armed with accurate and timely data from the TAPP program, h!l::y~ng trained the department in ABC enforcement and having the dedicated time to deal with the problem, the TAPP officer can make a big difference in our alcoholic premise problems. Our program objectives are simple, but important: 1. Develop a TAPP data program for use by all personnel. 2. Train all field personnel in the TAPP data program capabilities and all applicable ABC laws. 3. TAPP officer to conduct a minimum of four alcohol premise problem investigations a month with an additional goal of successfully completing 100% of them. 3 D.partm.n: ., A"'oAolk B.."",. Con',ol (9/94) ~~ c o PROJECT NARRA TlVE 4. Active participation of all (12) patrol POP officers in at least one TAPP investigation with assistance of the TAPP officer. 5. TAPP officer to conduct and coordinate two major TAPP investigations involving ABC special operations agents and to maintain a close working relationship with ABC agents at all times. METHOD OF PROCEDURE The first step in fulfilling the grant will be the selection of a police investigator who is motivated towards implementing a new project and who possesses the ability to coordinate the design of a TAPP CAD system. . The investigator must be able to work with in-house and-City Management Information Systems (MIS) personnel as well as clearly anticipate the informational needs of such a program. The city's system specialist will use approximately 40 hours of time to help design the new TAPP computer program and coordinate its programming through the MIS Department. According to my preliminary research with the specialist and MIS personnel, the additional programming will be contracted out "to the PRC Company who wrote our original computer progr?m at the normal rate of $250 per hour. Since the product has high potential for reproduction and use by other departments, the possibility exists that a lower rate may be obtained from PRC. Neither MIS nor our computer specialist has the capability to make the changes this program requires for the new TAPP program. Once the program is written, input of information will be made by a records clerk and 80 hours of time have been budgeted for that purpose. As soon as the design of the program is completed and during ics creation and implementation, the TAPP officer will have to design orientation training for the department's patrol personnel. , The TAPP CAD program is envisioned as a program which is accessible through CAD to all enforcement officers which would do the following: 1. Listing of all alcohol premises (ABC licensed), each licensed establishment which can be called up as an individual record. 2. Establishment records will include type and conditions of the license, ownership information, and a premise history. The TAPP officer will have input capability to alert officers responding to the establishment of potential problems, on- going investigations, and the need for feedback to the TAPP officer on certain premises. 3. Listing and explanation of all appropriate ABC codes related to that specific establishment and enforcement options. 4 D.part1Mn: 11 Akoholk Ih..ra,. Control (9"4) . t. , I c o PROJECT NARRATIVE 4. A TAPP officer alert box which if checked by officer will send a message to the TAPP officer notifying him of problems at an establishment and case number for further investigation. s. Program will have the ability to generate informational reports for the TAPP officer upon request for problem analysis, incident series, and other information as needed. The above list is by no means inclusive and will be part of the TAPP officer's responsibility to design and coordinate creation of. The time frame for completion of this phase is four to five weeks. This time can also be used by the TAPP officer for formulation of training materials. The next phase will be the training and orientation of all involved personnel. The TAPP officer will create roll call video training on the use of the TAPP program and begin implementation and use. If further training is needed, the officer will coordinate and conduct it. The TAPP officer will have to simultaneously train fellow vice investigators so they may utilize and run the program in his/her absence. The time frame for training should be no more than two to three weeks. Thenext phase of the program will be organization and implementation 'of enforcement efforts. This will take the remainder of the grant period. Time lines for investigations must by necessity relate to their occurrence and magnitude, but the following expectations serve as general guidelines. The TAPP officer should complete one investigation a week minimum and one major investigation involving ABC resources in the first six months. A second major investigation should come in the later half of the grant period. The TAPP officer will undoubtedly work closely wi~h ABC investigators during the initial stages until this department's intelligence reaches a sustaining level. By analysis and targeting the highest priority alcoholic premise problems, the TAPP officer will conduct investigations on a continuing basis. The objective of one per week is a minimum and it is hoped the officer will not only personally conduct investigations but coordinate similar investigations by fellow vice investigators, patrol POP officers, and any other personnel who become involved. With 12 POP officers, at least one per month should be involved in an investigation if the objective of getting them all involved is to be reached. The rational for involving them is training and involvement which will hopefully lead to motivation to do more investigations. Positive involvement in such investigations may motivate and reorient patrol POP personnel towards alcohol premise investigations and serve the TAPP program objectives as well. It is anticipated that the TAPP officer will do proactive as well as reactive investigations. The officer will of course respond to any investigations reported by the TAPP program or other sources. The officer will be expected when time permits to conduct proactive operations such as decoy minor sales, surveillances of establishments inside and out, and site inspections. s D.p_n: >/ ....1&.11.'" B.."lll' C.ntrol (9/94) ~l~ c - ~ PROJECT NARRATIVE .I ~ This officer will be expected to work with local ABC agents when possible on investigations in our jurisdiction and provide support and liaison for them. Utilizing existing Vice investigators, undercover investigations will be encouraged to develop intelligence and conduct investigative leads. METHOD OF EVALUATION The program will be closely supervised by the vice sergeant and managed by the Vice/Narcotics lieutenant. A monthly report will be produced by the TAPP officer not only outlining all activity, but specifically addressing the progress on grant objectives. This report will become part of our monthly department report to the city and be kept for grant evaluation purposes as well. In addition, the vice sergeant will .. closely supervise and encourage the creation of all files needed by the TAPP officer to more effectively conduct TAPP investigations. Every time an investigation related to grant requirements is conducted, a memo listing the department case number and synopsis of the investigation will be produced. The synopsis will include what enforcement action was taken and the final result of the investigation. That memo will be forwarded to the vice sergeant for approval and then filed for grant information later. It is anticipated all the above date and more will also be contained in the TAPP computer program files as well. ABC LIAISON The San Bernardino Police Department has enjoyed a very good working relationship with ABC. The department has worked closely with ABC agents Kerin Kenny, Sean Curtis, Cindy Kane, Gerry Ackley, Mike Sena, Barbara Lyons, Richard Bass, Gene Barnes, Burt Villarde, Walt Jarman, Pat Langley, Marcy Grey, and Cheryl Wooden on one or more of the following cases over the past two years. 1. October 1993 - closure of Celia's Beer Bar at 4th and Mt. Vernon for drug dealing out of the bar. 2. December 1993 Silk Productions "entertainment" business conducting unlicensed business serving drinks and providing -Danas for community events. 3. February 1994 - closure of Thumpers Bar on Hospitality Lane for disruptive premise problems. 4. April 1994 Fame Liquor and other liquor stores in San Bernardino. Operation targeting drug paraphernalia sales in liquor stores. Nine of the above agents worked on this operation with us. 5. June 1994 - Sammy's Bar for prostitutes working out of bar. 6. May/June/July 1994 - ABC agent Gerry Ackley donated time to act as undercover operator in street prostitution operation. Well done and much appreciated. 6 D.partlMI/' >1 ....koholU: B.."ol' Comrol (9/94) ~. c ~ -....J PROJECT NARRATIVE .! 7 . October 1994 investigation of entertainment. Rocket Theater. Agents assisted us in pending ABC license possibly changing type of STATEMENT OF INTENT It is our department's intent to continue to address alcohol premise problems with or without the grant. The grant will allow us to dedicate an investigator for an entire year to the problem. During this time, the TAPP CAD program will be developed and will be used long after the grant. Hopefully, the TAPP CAD program can be used by other departments as well. It is my understanding most of the police agencies in Southern California use the same CAD programs; thereby making this additional program potentially available to many other departments. Our vice ,~ sergeant has indicated the need for an additional investigator in Vice and will undoubtedly attempt to budget this additional position during the next budget cycle. This grant can only serve to bolster that effort. 7 D.partm.n: >I ....,.oho,k B""o,. Control (9/94) '\l.. BUDGET ESTIMATE ("'\, ,OJ BUDGET CATEGORY AND LINE.ITEM DETAIL cosr A. Personal Services (salaries, overtime and benefits) SALARIES Detective (vice) $53,340.00 Computer System Specialist (40 hours) 803.75 Records Clerk (80 hours) 923.54 BENEFITS Detective - 30% x 25.6442 16,062.00 Computer System Specialist - 28.5% x 18.5481 229.07 Records Clerk - 28.5% x 11.5442 263.21 OVERTIME Detective - estimated 120 hours at $38.47 per hour 4,616.00 OPERATING EXPENSES City CAD system programming to include TAPP program 15,000.00 TOTAL PERSONAL SERVICES $91,237.57 B. Equipment 1. One IBM compatible 486/66 mzh lap top computer with modum 1,500.00 2. One cellular phone with modum attachment 1,000.00 ~ - TOTAL EQUIPMENT $2,500.00 C. Travel Expenses ~ - 1. Travel and .2-day stay in L.os Angeles at ABC symposium in January 1995 500.00 2. Travel and 2-day stay in Los Angeles at ABC symposium mid 1995 500.00 TOTAL TRAVEL EXPENSES 1,000.00 TOTAL BUDGET ESTIMATE, ALL CATEGORIES ~94 737.57 Department of Mcoholk B..erage Cu,tlrul (9194) STATE OF CALIFORNIA - BUSINESS. TRANSOATION AND HOUSING AGENCY ...., V PETE WIlSON. Gowmor , I , DEPARTMENT OF ALCOHOUC BEVERAGE CONTROL 3810 ROSIN COURT. SUITE 150. SACRAMENTO 95834 (916) 263-6890 . November 10, 1994 Chief Daniel A. Robbins San Bernardino Police Department 374 S. Miller Lane San Bernardino, CA 92408 Attention: Project Director Dear Chief Robbins: Enclosed please find four copies of the Standard Agreement contract entered into between the Department of Alcoholic Beverage Control and your department to participate in the Grant Assistance to. Local Law Enforcement Agencies Project Please sign and return all four copies, with an original signature on each, to my attention. In addition, please return fully executed documents as indicated below to complete the contract package: 1. Taxpayer's Federal Employer Identification Number 2. Drug-Free Workplace Certification (enclosed) 3. Nondiscrimination Compliance Statement (enclosed) 4. Governing Body Resolution Mter we receive the above information from your agency we will then forward the documents to the Department of General Services' Legal Department Upon their approval we will return a fully signed contract for your records. Your prompt attention to this matter is appreciated. If you have_31lY questions, please feel free to call me at (916) 263-6880. Sincerely, cr:~ftl Project Coordinator JRJ/pt Enclosures (4 contracts) STATE OF CAUFORNIA DRUG-FREE WORKPLACE Ce.laTIFICATION STD. 21 (REV. 12.03) -""-~J ......" CERnFICATION I, the official named below, hereby swear that I am duly authorized legally to bind the contractor or grant recipient to the certification described below. I am fully aware that this certification, executed on the date below, is made under penalty of perjury under the laws of the State of California. CONTRACTOFWIOOER FIRM NAME San Bernardino Police Department, City of San Bernardino BY (AuIhodzod_1 16 PRNTED NAME AND TIll.E OF PERSON SIGNING Daniel A. Robbins, Chief of Police FEDERAl. D MJUBER DAlE EXECUTED Chief of Police CONTRACTORiBIlDER FIRM'S MAIlING ADDRESS 374 S. Woodrow Miller Lane, San Bernardino CA 9240B lElEPHDNE.....IleR --CDdoJ (909) 382-8617 TI1l..E The contractor or grant recipient named above hereby certifies compliance with Government Code Section 8355 in matters relating to providing a drug-free workplace. The above named contractor or grant recipient will: 1. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations, as required by Government Code Section 8355(a). 2. Establish a Drug-Free Awareness Program as required by Government Code Section 8355(b), to inform employees about all of the following: (a) The dangers of drug abuse in the workplace, (b) The person's or organization's policy of maintaining a drug-free workplace, (c) Any available counseling, rehabilitation and employee assistance programs, and (d) Penalties that may be imposed upon employees for drug abuse violations. ---- .--- 3. Provide as required by Government Code Section 8355(c), that every employee who works on the proposed contract or grant: (a) Will receive a copy of the company's drug-free workplace policy statement, and (b) Will agree to abide by the terms of the company's statement as a condition of employment on the contract or grant. 4. At the election of the contractor or grantee, from and after the "Date Executed" and until (NOTTO EXCEED36 MONTHS), the state will regard thiscertificateas valid for allcontracts or grant~ntered into between the contractor or grantee and this state agency wiihout requiring the contractor or grantee to provide a new and individual certificate for each contract or grant. If the contractor or grantee elects to fill in the blank date, then the terms and conditions of this certificate shall have the same force, meaning, effect and enforceability as if a certificate were separately, specifically, and individually provided for each contract or grant between the contractor or grantee and this state agency. STATE OF CAlIFORNIA NONDISCRIMINATION COMPLOCE STATEMENT STD. II (REV. 2.~ ~..'..... -....,; COMPANY NAME San Bernardino Police Department The company named above (hereinafter referred to as "prospective contractor") hereby certifies, unless specifically exempted. compliance with Government Code Section 12990 (a-t) and California Code of Regulations, Title 2. Division 4, Chapter 5 in matters relating to reporting requirements and the development, implementation and maintenance of a Nondiscrimination Program. Prospective contractor agrees not to unlawfully discriminate, harass or allow harassment against any employee or applicant for employment because of sex, mce. color. ancestry. religious creed, national origin. physical disability (including mv and AIDS). mental disability, medical condition (cancer). age (over 40), marital status. and denial of family care leave. CERTIFICATION !, the official named below, hereby .\Wear tlult ! am duly authorized to legally bind the prospective contractor to the above described certification.! am fully aware that this certification, executed on the date and in the county below, is made under penalty of perjury under the laws of the State of California. OFFICIAL'S NAME Daniel A. Robbins. Chief of Police DATE EXECUTED PROSPEcnve CONTRACTOR'S SIGNATURE I EXeCUTED IN THE COUNTY OF San Bernardino PROSPECTIVE CONTRACTOR'S T111..E Chief of Police PROSPECTIVE CONTRACTOA'S LEGAL BUSINESS NAME San Bernardino Police Department .:- .. ~ ...,- ,--,,~ - ..;..,\0 A --.. -'~~ ,;...:... .......i.,.ill.) l.'-lr'J .:>an bernarU1Do Police Department Contract #94G-LA16 NONDISCRIMINATION CLA~.E (Oep-1) STO. 11. (~EV. 2.i3\ il!.,...I . ., ,. ( , 1. During the performance of this contract, contractor and its subcon~ractors shall not unlawfully discriminate, harass or allow harassment, against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (cancer), age (over 40), marital status, and denial of family care leave. Contractors and subcontractors shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code, Section 12900 et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Tille 2, Section 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Tille 2 of the California Code of Regulations are incorporated into this contract by reference and made a part hereof as if set forth in full. Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. 2. This contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the contract.