HomeMy WebLinkAbout2010-245
1
RESOLUTION NO. 2010-245
2
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
3 EXECUTION OF AN AGREEMENT WITH THE UNITED STATES DEPARTMENT OF
JUSTICE FOR THE SAN BERNARDINO POLICE DEPARTMENT TO PARTICIPATE AS
4 A MEMBER OFTHE DRUG ENFORCEMENT ADMINISTRATION (DEA) TASKFORCE.
5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
6
7 SECTION 1. The City Manager is hereby authorized to execute on behalf of the City an
8 Agreement between the City of San Bernardino Police Department and the United States Department
9 of Justice Drug Enforcement Administration authorizing the San Bernardino Police Department to
10 participate as a member of a Drug Enforcement Administration task force operating in the Inland
11 Empire, a copy of which is attached hereto, marked as Exhibit A, and incorporated herein by this
12 reference.
13
14 SECTION 2. The authorization to execute the above referenced Agreement is rescinded if
15 it is not executed within sixty (60) days of the passage of this Resolution.
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2010-245
1 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH THE UNITED STATES DEPARTMENT OF
2 JUSTICE FOR THE SAN BERNARDINO POLICE DEPARTMENT TO PARTICIPATE AS
A MEMBER OF THE DRUG ENFORCEMENT ADMINISTRATION (DEA) TASKFORCE.
3
4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
joint
5 Common Council of the City of San Bernardino at a regular meeting thereof, held on the
6
19th day of Julv
,2010, by the following vote, to wit:
7 Council Members
AYES
NAYS
ABSTAIN ABSENT
8 MARQUEZ
9 DESJARDINS
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~
10 BRINKER
~
11 SHORETT
-----X-
12 KELLEY
-----X-
13 JOHNSON
-----X-
14 McCAMMACK
-----X-
15
a~,~'C~
16
17 The foregoing Resolution is hereby approved thlso2lsr day of July
,2010.
18
19 . Morris, May
San Bernardino
,
20 Approved as to Form:
21
/
22 sF. Penman, City Attorney
23
24
25
26
27
28
2010-245
EXHIBIT A
STANDARD
STATE AND LOCAL TASK FORCE AGREEMENT
This agreement is made this
between the United States Department of
Administration (hereinafter "DEA"), and
Department (hereinafter "SBPD").
day of , 20_
Justice, Drug Enforcement
San Bernardino Police
WHEREAS there is evidence that trafficking in narcotics and dangerous
drugs exists in the Riverside/San Bernardino County area and that such
illegal activity has a substantial and detrimental effect on the
health and general welfare of the people of Riverside/San Bernardino
County, the parties hereto agree to the following:
1. The Riverside Task Force will perform the activities and duties
described below:
a. disrupt the illicit drug traffic in the Riverside/San
Bernardino 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 the Riverside Task Force, the SBPD
agrees to detail one (1) experienced officer to the Riverside Task
Force for a period of not less than two years. During this period of
assignment, the one (1) officer will be under the direct supervision
and control of DEA supervisory personnel assigned to the Task Force.
3. The one (1) 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 one (1) officer assigned to the Task Force shall be deputized
as Task Force Officer of DEA pursuant to 21 U.S.C. 878.
5. To accomplish the objectives of the Riverside Task Force, DEA will
assign two (2) Special Agents to the Task Force. DEA will also,
subject to the availability of annually appropriated funds or any
2010-245
continuing resolution thereof, provide necessary funds and equipment
to support the activities of the DEA Special Agents and
one (1) 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.
6. During the period of assignment to the Riverside Task Force, the
SBPD will remain responsible for establishing the salary and benefits,
including overtime, of the one (1) officer 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 one (1) officer assigned to the Riverside Task Force for
overtime, up to a sum equivalent to 25 percent of the salary of a GS-
12, step 1, (RUS) Federal employee (currently $17,202.25), per
officer.
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 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 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.
2010-245
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.
13. The term of this agreement shall be from the date of signature by
representatives of both parties to September 30, 2011. This agreement
may be terminated by either party on thirty days' advance written
notice. Billings for all outstanding obligations must be received by
DEA within 90 days of the date of termination of this agreement. DEA
will be responsible only for obligations incurred by SBPD during the
term of this agreement.
For the Drug Enforcement Administration:
Date:
Timothy J. Landrum
Special Agent in Charge
Los Angeles Field Division
For the San Bernardino Police Department:
Date:
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 Riverside Task Force
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2010.-7/, "
U.S. DEPARTMENT OF JUSTICE
OFFICE OF JUSTICE PROGRAMS
OFFICE OF THE COMPTROLLER
CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION AND
OTHER RESPONSIBILITY MATTERS; AND DRUG-FREE WORKPLACE REQUIREMENTS
Applicants should refer to the regulations cited below to determine the certification to which they are required to
attest. Applicants should also review the instructions for certification included in the regulations before completing this
from. Signature of this form provides for compliance with certification requirements under 28 CFR Part 69, "New
Restrictions on Lobbying" and 28 CFR Part 67, "Government-wide Department and Suspension (Nonprocurement) and
Government-wide Requirements for Drug-Free Workplace (Grants)." The certifications shall be treated as a material
representation of fact upon reliance will be placed when the Department of Justice determines to award the
covered transaction, grant, or cooperative agreement.
1. LOBBYING
As required by Section 1352, Title 31 of the U.S. Code, and
implemented at 28 CFR Part 69, for persons entering into a
grant or cooperative agreement over $100,000, as de lined at
28 CFR Part 69, the applicant certifies that
(al No Federal appropriate funds have been paid or will be
paid. by or on behalf of the undersigned, to any person for in-
fluencing or attempting to influence an officer or employee of
any agency, a Member of Congress, an officer or employee of
Congress1 or an employee of a Member of Congress in con-
nection WIth the making of any Federal grant, the entering into
of any cooperative agreement, and extension, continuation,
renewal, amendment, or modification of any Federal grant or
cooperative agreement;
(b) If any funds other than Federal appropriated funds have
been paid or will be paid to any person for influencing or at-
tempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or
an employee of a Member of Congress in connection with this
Federal grant or coop'erative agreement, the undersigned shaH
complete and subm~ Standaro Form - LLL, "Disclosure of
Lobbying Activities," in accordance with its instructions:
(cl The undersigned shall require that the language of this cer-
fification be included in the award documents lor all subawards
at all tiers (including sUbgrants, contracts under grants and
cooperative agreements, and subcontracts) and that all sub-
recipients shall certify and disclose accordingly.
2. DEBARMEN..L. SUSPENSION, AND OTHER
RESPONSIBILhT MATTERS
(DIRECT RECIPIENT)
As required by Executive Order 12549 Debarment and
Suspension, and implemented at 28 CFR prt 67, for prospec-
tive ~rticipants in primary covered transactions. as defined at
28 CFR Part 67, Section 67.510-
A. The applicant certifies that it and its principals:
(a) Are not presently debarred, suspended. proposed for debar-
ment, declared ineligibl~ sentenced to a denial of Federal
benellts by a State or .ederal court, or voluntarily excluded
from covered transactions by any Federal department
or agency;
Ib) Have not within a three-year period preceding this applica-
flOn been convicted of or had a CIvil judgment rendered against
them for commission of fraud or a criminal offense in connec-
tion with obtaining, attempting to obtain, or performing a
public (Federal, State, or locai) transaction or contract under a
public transaction; violation of Federal or State antitrust
statutes or commission of embezzlement theft forgery,
bribery, falsification or destruction of records, making false
statements, or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or
civilly charged by a governmental entity (Federal, State, or
local) with commission of any of the offenses enumerated in
paragraph (1 )(b) of this certification; and
Cd) Have not within a three-year period preceding this applica-
(ion had one or more publiC transactions (Federal, State, or
local) terminated for cause or default; and
B. Where the applicant is unable to certify to any of the
statements in thiS certification, he or she shall attach an
explanation to this application.
3. DRUG-FREE WORKPLACE
(GRANTEES OTHER THAN INDIVIDUALS)
As required by the Drug-Free Workplace Act of 1988, and
implemented at 28 CFR l'art 67, Subpart F, for grantees" as
delined at 28 CFR Part 67 Sections 67.615 and 67.020-
A. The applicant certifies that it will or will continue to provide
a drug-free workplace by:
(a) Publishing a statement notifying empioyees that the
unlawful manufacture, distribution, dis~nsing\ pqssession. or
use of a controlled substance is prohibHed In the grantee's
workplace and sJlll<'ifying the actions that will be taken against
emplOyees for violation of such prohibition;
(bl Establishing an on.,going drug-free awareness program to
Inform employees about-
(1) The dangers of drugs abuse in the workplace;
(2) The grantee's policy of maintaining a drug-free workplace;
(3) Any available drug counseling, rehabilitation, and employee
assistance programs; and
(4) The penalties that may be imposed upon employees for
drug abuse violations occurring in the workplace;
(c) Making ~ a requirement that each employee to be engaged
In the pel'!ormance of the grant be given a copy of the state-
ment required by paragraph (a);
(d) Notifying the employee in the statement required by
paragraph (a) tha~ as a condition of employment under the
grant, the employee will-
OJP FORM 4061/6 (3-91l REPLACES OJP FORMS 406112, 4062/3 AND 4061/4 WHICH ARE OBSOLETE.
2010-245
(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 nonce under subparagraph (d)(2) from an
employee or othelWise receiving actual notice of such convic-
tion. Employers of convicted employees must provide notice
including position tit~ to: Department of Justice, Office 01
Justice Programs, A I I N: Control Desk, 633 Indiana Avenue,
NW" Wasnmgton, D.C. 20531. Notice shall include the iden-
tification number(s] of each affected grant;
(f) Taking one of the fOllowing actions, within 30 calendar
days of receiving notice under subparagraph (d)(2). with
respect to any employee who is so convicted-
(1) Taking appropriate personnel action against such an
employee, up to and including termination4 consistent with the
requirements of the Rehabilitation Act of 19f 3, as amended; or
(2) Requiring such employee to participate satisfactorily in a
drug abuse assistance or rehabilitation program approved for
such purposes by a F~deral, State, or local Health, law enforce-
ment, or other appropriate agency;
(g) Making a good faith effort to continue to maintain a drug-
free workplace through implementation of paragraphs (a). (D),
(c), (d), (e), and (f).
B. The grantee may insert in the space provided beiow the
site(s) for the performance of work done in connection with
the specific grant:
Place of Performance (Street address, city, country, state, zip
code)
Check 0 if there are workplace on file that are not identified
here.
Section 67, 630 of the regulations provides that a grantee that
is a State may elect to make one certification in each Federal
fiscai year. A copy of which should be inciuded with each ap-
plication for Department of Justice funding. States and State
agencies may elect to use OJP Form 406117.
Check 0 if the State has elected to complete OJP Form
406117.
DRUG-FREE WORKPLACE
(GRANTEES WHO ARE INDIVIDUALS)
As required by the Drug-Free Workplace Act of 1988, and
Implemented at 28 CFR l'art 67, Subpart F, for grantees, as
defined at 28 CFR Part 67; Sections 67.615 and 67.620-
A. As a condition of the grant I certify that I wili not engage
in the unlawful manufacturel distribu1ion, dispensing, posses-
sion, or use of a control ed substance in conchtion any
activity with the grant; and
B. If convinced of a criminal drug offense resulting from a
violation occurring during the conduct of any grant actjvi~, I
will report the conviction, in writing, within 10 calendar days
of the conviction, to: Department Of Justice, Office of Justice
Programs, ATTN: Control Desk. 633 Indiana Avenue, NW.,
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:
SAN BERNARDINO POLICE DEPARTMENT
710 N. 0 STREET
SAN BERNARDINO, CALIFORNIA 92401
2. Application Number and/or Project Name
RIVERSIDE TASK FORCE
4. Typed Name and Title of Authorized Representative
Keith Kilmer, Chief
5. Signature
3. Grantee IRSNendor Number
6. Date
2010-245
STANDARD
STATE AND LOCAL TASK FORCE AGREEMENT
This agreement is made this 19th
between the united States Department of
Administration (hereinafter "DEA"), and
Department (hereinafter "SBPD").
day of July , 2010,
Justice, Drug Enforcement
San Bernardino police
WHEREAS there is evidence that trafficking in narcotics and dangerous
drugs exists in the Riverside/San Bernardino County area and that such
illegal activity has a substantial and detrimental effect on the
health and general welfare of the people of Riverside/San Bernardino
County, the parties hereto agree to the following:
1. The Riverside Task Force will perform the activities and duties
described below:
a. disrupt the illicit drug traffic in the Riverside/San
Bernardino 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 the Riverside Task Force, the SBPD
agrees to detail one (1) experienced officer to the Riverside Task
Force for a period of not less than two years. During this period of
assignment, the one (1) officer will be under the direct supervision
and control of DEA supervisory personnel assigned to the Task Force.
3. The one (1) 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 one (1) officer assigned to the Task Force shall be deputized
as Task Force Officer of DEA pursuant to 21 U.S.C. 878.
5. To accomplish the objectives of the Riverside Task Force, DEA will
assign two (2) 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
one (1) 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.
6. During the period of assignment to the Riverside Task Force, the
SBPD will remain responsible for establishing the salary and benefits,
including overtime, of the one (1) officer 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 one (1) officer assigned to the Riverside Task Force for
overtime, up to a sum equivalent to 25 percent of the salary of a GS-
12, step 1, (RUS) Federal employee (currently $17,202.25), per
officer.
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 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 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.
13. The term of this agreement shall be from the date of signature by
representatives of both parties to September 30, 2011. This agreement
may be terminated by either party on thirty days' advance written
notice. Billings for all outstanding obligations must be received by
DEA within 90 days of the date of termination of this agreement. DEA
will be responsible only for obligations incurred by SBPD during the
term of this agree
Dater /) ; /
IT
Timot
Special Agent in Charge
Los Angeles Field Division
Date:7!'d7/m
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 Riverside Task Force
APPROVED AS TO FORM:
James F. Penman,
City Attorney
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U.S. DEPARTMENT OF JUSTICE
OFFICE OF JUSTICE PROGRAMS
OFFICE OF THE COMPTROLLER
CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION AND
OTHER RESPONSIBILITY MATTERS; AND DRUG-FREE WORKPLACE REQUIREMENTS
Applicants should refer to the regulations cited below to determine the certification to which they are required to
attest. Applicants should also review the instructions for certification included in the regulations before completing this
from. Signature of this form provides for compliance with certification requirements under 28 CFR Part 69, "New
Restrictions on Lobbying" and 28 CFR Part 67, "Government-wide Department and Suspension (Non procurement) and
Government-wide Requirements for Drug-Free Workplace (Grants)." The certifications shall be treated as a material
representation of fact upon reliance will be placed when the Department of Justice determines to award the
covered transaction, grant, or cooperative agreement.
1. LOBBYING
As required by Section 1352, Title 31 of the U.S. Code, and
implemented at 28 CFR Part 69, for persons entering into a
grant or cooperative agreement over $100,000, as de1ined at
28 CFR Part 69, the applicant certifies that:
(a) No Federal appropriate funds have been paid or will be
paid, by or on behalf of the undersigned, to any person for in-
fluencing or attempting to influence an officer or employee of
any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in con-
nection with the making of any Federal grant, the entering into
of any cooperative agreement, and extension, continuation,
renewal, amendment, or modification of any Federal grant or
cooperative agreement;
(b) If any funds other than Federal appropriated funds have
been paid or will be paid to any person for influencing or at-
tempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or
an employee of a Member of Congress in connection with this
Federal grant or coop'erative agreement, the undersigned shall
complete and submit Standara Form - LLL, "Disclosure of
Lobbying Activities," in accordance with its instructions;
(c) The undersigned shall require that the language of this cer-
tification be included in the award documents Tor all subawards
at all tiers (including subgrants, contracts under grants and
cooperative agreements, and subcontracts) and that all sub-
recipients shalT certify and disclose accordingly.
2. DEBARMEN.!~ SUSPENSION, AND OTHER
RESPONSIBILlI T MATTERS
(DIRECT RECIPIENT)
As required by Executive Order 12549, Debarment and
Suspension, ana implemented at 28 CFR prt 67, for prospec-
tive Qarticipants in primary covered transactions, as defined at
28 CFR Part 67, Section 67.510.
A. The applicant certifies that it and its principals:
(a) Are not presently debarred, suspended, proposed for debar-
mentb declared ineligiblE;, sentenced to a denial of Federal
benents by a State or r-ederal court, or voluntarily excluded
from covered transactions by any Federal C1epartment
or agency;
(b) Have not within a three-year period preceding this applica-
tion been convicted of or haa a Civil judgment reridered against
them for commission of fraud or a criminal offense in connec-
tion with obtaining, attempting to obtain, or performing a
public (Federal, State, or local) transaction or contract under a
public transaction; violation of Federal or State antitrust
statutes or commission of embezzlement, theft forgery,
bribery, falsification or destruction of records, making false
statements, or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or
civilly charged by a governmental entity (Federal, State, or
local) with commission of any of the offenses enumerated in
paragraph (1 )(b) of this certification; and
Cd) Have not within a three-year period preceding this applica-
tion had one or more public transactions (Federal, State, or
local) terminated for cause or default; and
B. Where the applicant is unable to certify to any of the
statements in thiS certification, he or she shall attach an
explanation to this application.
3. DRUG-FREE WORKPLACE
(GRANTEES OTHER THAN INDIVIDUALS)
As required by the Drug-Free Workplace Act of 1988, and
implemented at 28 CFR -Part 67, Subpart F, for grantees). as
defined at 28 CFR Part 67 Sections 67.615 and 67.020-
A. The applicant certifies that it will or will continue to provide
a drug-free workplace by:
(a) Publishing a statement notifying employees that the
unlawful manufacture, distribution, dis~nsing, possession, or
use of a controlled substance is prohibited In the grantee's
workplace and specifying the actions that will be taken against
employees for violation of such prohibition;
{b) Establishing an on-going drug-free awareness program to
Inform employees about-
(1) The dangers of drugs abuse in the workplace;
(2) The grantee's policy of maintaining a drug-free workplace;
(3) Any available drug counseling, rehabilitation, and employee
assistance programs; and
(4) The penalties that may be imposed upon employees for
drug abuse violations occurring in the workplace;
{c) Making it a requirement that each employee to be engaged
In the performance of the grant be given a copy of the state-
ment required by paragraph (a);
(d) Notifying the employee in the statement required by
paragraph (a) that, as a condition of employment under the
granf, the employee will-
OJP FORM 4061/6 (3-91) REPLACES OJP FORMS 406112,4062/3 AND 4061/4 WHICH ARE OBSOLETE.
" -
(1) Abide by the terms of the statement; and
(2) Notify the employer in writing of his or her conviction for a
violation of a criminal drug statute occurring in the workplace
no later than five calendar days after such conviction;
(e) Notifying the agency, in writing, within 10 calendar days
after receiving noIice under subparagraph (d)(2) from an
emplo~ee or otherwise receiving actual notice of such convic-
tion. Employers of convicted employees must provide notice
including position tit~ to: Department of Justice, Office of
Justice Programs, A I I N: Control Desk, 633 Indiana Avenue,
NW., Wasnlngton, D.C. 20531. Notice shall include the iden-
tification number(s) of each affected grant;
(f) Taking one of the following actions, within 30 calendar
days of receiving notice under subparagraph (d)(2), with
respect to any employee who is so convicted-
(1) Taking appropriate personnel action against such an
employee, up to and including termination, consistent with the
requirements of the Rehabilitation Act of 1973, as amended; or
(2) Requiring such employee to participate satisfactorily in a
drug abuse assistance or rehabilitation program approved for
such purposes by a Federal, State, or local nealth, law enforce-
ment, or other appropriate agency;
(g) Making a good faith effort to continue to maintain a drug-
free workplace through implementation of paragraphs (a), (0),
(c), (d), (e), and (f).
B. The grantee may insert in the space provided below the
site(s) for the performance of work done in connection with
the specific grant:
Place of Performance (Street address, city, country, state, zip
code)
Check 0 if there are workplace on file that are .not identified
here.
Section 67, 630 of the regulations provides that a grantee that
is a State may elect to make one certification in each Federal
fiscal year. A copy of which should be included with each ap-
plication for Department of Justice funding. States and State
agencies may erect to use OJP Form 406117.
Check 0 if the State has elected to complete OJP Form
406117.
DRUG-FREE WORKPLACE
(GRANTEES WHO ARE INDIVIDUALS)
As required by the Drug-Free Workplace Act of 1988, and
implemented at 28 CFR Part 67, SublJart F, for grantees, as
defined at 28 CFR Part 67; Sections 67.615 and 67.620-
A. As a condition of the grant I certify that I will not engage
in the unlawful manufacturej distribution, dispensing, posses-
sion. or use of a control ed substance in conoition any
activity with the grant; and
B. If convinced of a criminal drug offense resulting from a
violation occurring during the conduct of any grant activity, I
will report the conviction, in writing; within 10 calendar days
of the conviction, to: Department OT Justice, Office of Justice
Programs, ATTN: Control Desk, 633 Indiana Avenue, NW.,
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:
SAN BERNARDINO POLICE DEPARTMENT
710 N. D STREET
SAN BERNARDINO, CALIFORNIA 92401
2. Application Number and/or Project Name
RIVERSIDE TASK FORCE
4. Typed Name and Title of Authorized Representative
3. Grantee IRSNendor Number
Keith Kilmer, Chief MIt"7J:.-- A. ~/( A-
5. Signature
6. Date
Ard/L~ A>1T. (Jr''1r?
() ;y
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