HomeMy WebLinkAbout2012-233 RESOLUTION NO. 2012-233
1
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT
3 WITH THE UNITED STATES DEPARTMENT OF JUSTICE FOR THE SAN
4 BERNARDINO POLICE DEPARTMENT TO PARTICIPATE AS A MEMBER OF
THE DRUG ENFORCEMENT ADMINISTRATION (DEA) TASK FORCE
5 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
6 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
7
8 SECTION 1. The Mayor and Common Council of the City of San Bernardino
9 hereby authorize and direct the City Manager to execute on behalf of the City an Agreement
10 between the City of San Bernardino Police Department and the United States Department of
11 Justice Drug Enforcement Administration authorizing the San Bernardino Police Department
12
to participate as a member of a Drug Enforcement Administration task force operating in the
13
14 Inland Empire, a copy of which is attached hereto, marked as Exhibit A, and incorporated
15 herein by this reference as fully as though set forth at length.
16 SECTION 2. The authorization to execute the above referenced Agreement is
17 rescinded if it is not executed within ninety(90)days of the passage of this Resolution.
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2012-233
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
1
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT
2 WITH THE UNITED STATES DEPARTMENT OF JUSTICE FOR THE SAN
BERNARDINO POLICE DEPARTMENT TO PARTICIPATE AS A MEMBER OF
3 THE DRUG ENFORCEMENT ADMINISTRATION(DEA)TASK FORCE
4
5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
6 Common Council of the City of San Bernardino at a ioint regular meeting
7 4th y September y g
thereof,held on the day of , 2012,b the following vote,to wit:
8
9 Council Members: AYES NAYS ABSTAIN ABSENT
10 MARQUEZ x
11 JENKINS x
12
VALDIVIA x
13
14 SHORETT x
15 KELLEY x
16 JOHNSON _ x
17 MCCAMMACK
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19 `
20 Geor ann Hanna, City Clerk
RN
21 The foregoing resolution is hereby approved this day of September , 2012.
22
23 Patri c J. Morris, aW
24 ti+r,6f San Bernardino
25 Approved as to form:
JAMES F. PENMAN,
26 City Attorney
27 By:
28
2012-233
STATE AND LOCAL TASK FORCE AGREEMENT
BETWEEN
THE DRUG ENFORCEMENT ADMINISTRATION
AND
THE SAN BERNARDINO POLICE DEPARTMENT
This agreement is made this 30th day of September, 2012,
between the United States Department of Justice, Drug Enforcement
Administration (hereinafter "DEA") , and San Bernardino Police
Department (hereinafter "SBPD") . The DEA is authorized to enter into
this cooperative agreement concerning the use and abuse of controlled
substances under the provisions of 21 U.S .C. § 873 .
WHEREAS there is evidence that trafficking in narcotics and dangerous
drugs exists in the 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 .
2012-233
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. Note: Task Force Officer's overtime "shall not include any
costs for benefits, such as retirement, FICA, and other expenses. "
7 . In no event will the SBPD charge any indirect cost rate to DEA for
the administration or implementation of this agreement .
8 . The SBPD shall maintain on a current basis complete and accurate
records and accounts of all obligations and expenditures of funds
under this agreement in accordance with generally accepted accounting
principles and instructions provided by DEA to facilitate on-site
inspection and auditing of such records and accounts .
9 . The SBPD shall permit and have readily available for examination
and auditing by DEA, the United States Department of Justice, the
Comptroller General of the United States, and any of their duly
authorized agents and representatives, any and all records, documents,
accounts, invoices, receipts or expenditures relating to this
agreement . The SBPD shall maintain all such reports and records until
all 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
2012-233
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 effective from the date in
paragraph number one (1) until September 30, 2013 . This agreement may
be terminated by either party on thirty days ' advance written notice.
Billings for all outstanding obligations must be received by DEA
within 90 days of the date of termination of this agreement . DEA will
be responsible only for obligations incurred by SBPD during the term
of this agreement .
For the Drug Enforcement Administration:
Date : l (9 (2b12
riane M Grey
Acting Special Agent in Charge
Los Angeles Field Division
For t e San Bernardi Police Department :
�
Date: ?a/2k
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
2012-233
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 public (Federal, State, or local) transaction or contract under a
public transaction; violation of Federal or State antitrust
As required by Section 1352, Title 31 of the U.S. Code, and statutes or commission of embezzlement, theft forgery,
implemented at 28 CFR Part 69, for persons entering into a bribery, falsification or destruction of records, making false
grant or cooperative agreement over $100,000, as defined at statements, or receiving stolen property;
28 CFR Part 69, the applicant certifies that:
(c) Are not presently indicted for or otherwise criminally or
(a) No Federal appropriate funds have been paid or will be civilly charged by a governmental entity (Federal, State, or
paid, by or on behalf of the undersigned, to any person for in- local) with commission of any of the offenses enumerated in
fluencing or attempting to influence an officer or employee of paragraph (1)(b)of this certification; and
any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in con- (d) Have not within a three-year period preceding this applica-
nection with the making of any Federal grant, the entering into tion had one or more public transactions (Federal, State, or
of any cooperative agreement, and extension, continuation, local)terminated for cause or default; and
renewal, amendment, or modification of any Federal grant or
cooperative agreement; B. Where the applicant is unable to certify to any of the
statements in this certification, he or she shall attach an
(b) If any funds other than Federal appropriated funds have explanation to this application.
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 3. DRUG-FREE WORKPLACE
an employee of a Member of Congress in connection with this (GRANTEES OTHER THAN INDIVIDUALS)
Federal grant or cooperative agreement, the undersigned shall
complete and submit Standard Form - LLL, "Disclosure of As required by the Drug Free Workplace Act of 1988, and
Lobbying Activities,"in accordance with its instructions; implemented at 28 CFR Part 67, Subpart F, for grantees as
defined at 28 CFR Part 67 Sections 67.615 and 67.620 -
(c) The undersigned shall require that the language of this cer-
tification be included in the award documents for all subawards A. The applicant certifies that it will or will continue to provide
at all tiers (including subgrants, contracts under grants and a drug-free workplace by:
cooperative agreements, and subcontracts) and that all sub-
recipients shall certify and disclose accordingly. (a) Publishing a statement notifying employees that the
unlawful manufacture, distribution, dispensing, possession, or
2. DEBARMENT SUSPENSION,AND OTHER use of a controlled substance is prohibited in the grantee's
2. DEBARMENT, MATTERS workplace and specifying the actions that will be taken against
(DIRECT RECIPIENT) employees for violation of such prohibition;
(b) Establishing an on-going drug-free awareness program to
As required by Executive Order 12549, Debarment and inform employees about-
Suspension, and implemented at 28 CFR Prt 67, for prospec-
tive participants in primary covered transactions, as defined at (1) The dangers of drugs abuse in the workplace;
28 CFR Part 67, Section 67.510-
(2) The grantee's policy of maintaining a drug-free workplace;
A. The applicant certifies that it and its principals:
(3) Any available drug counseling, rehabilitation, and employee
(a) Are not presently debarred, suspended, proposed for debar- assistance programs; and
ment, declared ineligible sentenced to a denial of Federal
benefits by a State or Federal court, or voluntarily excluded (4) The penalties that may be imposed upon employees for
from covered transactions by any Federal department drug abuse violations occurring in the workplace;
or agency;
(c) Making it a requirement that each employee to be engaged
(b) Have not within a three-year period preceding this applica- in the performance of the grant be given a copy of the state-
tion been convicted of or had a civil judgment rendered against ment required by paragraph (a);
them for commission of fraud or a criminal offense in connec-
tion with obtaining, attempting to obtain, or performing a (d) Notifying the employee in the statement required by
paragraph (a) that, as a condition of employment under the
grant,the employee will-
OJP FORM 4061/6(3-91)REPLACES OJP FORMS 4061/2,4062/3 AND 4061/4 WHICH ARE OBSOLETE.
• 2012-233
(1) Abide by the terms of the statement; and
(2) Notify the employer in writing of his or her conviction for a
violation of a criminal drug statute occurring in the workplace
no later than five calendar days after such conviction;
(e) Notifying the agency, in writing, within 10 calendar days
after receiving notice under subparagraph (d)(2) from an Check if there are workplace on file that are not identified
employee or otherwise receiving actual notice of such convic- here.
tion. Employers of convicted employees must provide notice,
including position title, to: Department of Justice, Office of Section 67, 630 of the regulations provides that a grantee that
Justice Programs, ATTN: Control Desk, 633 Indiana Avenue, is a State may elect to make one certification in each Federal
N.W., Washington, D.C. 20531. Notice shall include the iden- fiscal year. A copy of which should be included with each ap-
tification number(s)of each affected grant; plication for Department of Justice funding. States and State
agencies may elect to use OJP Form 4061/7.
(f) Taking one of the following actions, within 30 calendar
days of receiving notice under subparagraph (d)(2), with Check if the State has elected to complete OJP Form
respect to any employee who is so convicted- 4061/7.
(1) Taking appropriate personnel action against such an
employee, up to and including termination, consistent with the DRUG-FREE WORKPLACE
requirements of the Rehabilitation Act of 1973, as amended; or (GRANTEES WHO ARE INDIVIDUALS)
(2) Requiring such employee to participate satisfactorily in a As required by the Drug-Free Workplace Act of 1988, and
drug abuse assistance or rehabilitation program approved for implemented at 28 CFR Part 67, Subpart F, for grantees, as
such purposes by a Federal, State, or local health, law enforce- defined at 28 CFR Part 67; Sections 67.615 and 67.620-
ment, or other appropriate agency;
A. As a condition of the grant I certify that I will not engage
(g) Making a good faith effort to continue to maintain a drug- in the unlawful manufacture distribution, dispensing, posses-
free workplace through implementation of paragraphs (a), (b), sion, or use of a controlled substance in condition any
(c), (d), (e), and (f). activity with the grant; and
B. The grantee may insert in the space provided below the B. If convinced of a criminal drug offense resulting from a
site(s) for the performance of work done in connection with violation occurring during the conduct of any grant activity, I
the specific grant: will report the conviction, in writing within 10 calendar days
of the conviction, to: Department of Justice, Office of Justice
Place of Performance (Street address, city, country, state, zip Programs, ATTN: Control Desk, 633 Indiana Avenue, N.W.,
code) Washington, D.C. 20531.
As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above certifications.
1. Grantee Name and Address:
SAN BERNARDINO POLICE DEPARTMENT
710 N. D STREET
SAN BERNARDINO, CALIFORNIA 92401
2. Application Number and/or Project Name 3. Grantee IRSNendor Number
RIVERSIDE TASK FORCE
4. Typed Name and Title of Authorized Representative
Robert Handy, Chief
5. Signature / 6. Date
(;--2//i/1 � 9k/it
2012-233
STATE AND LOCAL TASK FORCE AGREEMENT
BETWEEN
THE DRUG ENFORCEMENT ADMINISTRATION
AND
THE SAN BERNARDINO POLICE DEPARTMENT
This agreement is made this 4th day of September 2012 ,
between the United States Department of Justice, Drug Enforcement
Administration (hereinafter "DEA") , and San Bernardino Police
Department (hereinafter "SBPD") . The DEA is authorized to enter into
this cooperative agreement concerning the use and abuse of controlled
substances under the provisions of 21 U.S.C. § 873 .
WHEREAS there is evidence that trafficking in narcotics and dangerous
drugs exists in the 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.
S
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 .
2012-233
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. Note: Task Force Officer's overtime "shall not include any
costs for benefits, such as retirement, FICA, and other expenses. "
7 . In no event will the SBPD charge any indirect cost rate to DEA for
the administration or implementation of this agreement.
8 . The SBPD shall maintain on a current basis complete and accurate
records and accounts of all obligations and expenditures of funds
under this agreement in accordance with generally accepted accounting
principles and instructions provided by DEA to facilitate on-site
inspection and auditing of such records and accounts:
9. The SBPD shall permit and have readily available for examination
and auditing by DEA, the United States Department of Justice, the
Comptroller General of the United States, and any of their duly
authorized agents and representatives, any and all records, documents,
accounts, invoices, receipts or expenditures relating to this
agreement. The SBPD shall maintain all such reports and records until
all 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
�i
I
f
2012-233
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 effective from the date in
j paragraph number one (1) until September 30, 2013 . This agreement may
be terminated by either party on thirty days' advance written notice.
Billings for all outstanding obligations must be received by DEA
within 90 days of the date of termination of this agreement. DEA will
be responsible only for obligations incurred by SBPD during the term
of this agreement.
For the Drug Enforcement Administration:
Date:
Briane M. Grey
Acting 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
U.S. DEPARTMENT OF JUSTICE
1 OFFICE OF JUSTICE PROGRAMS
- OFFICE OF THE COMPTROLLER
CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION AND
OTHER RESPONSIBILITY MATTERS; AND DRUG-FREE WORKPLACE REQUIREMENTS
Applicants should refer to the regulations cited below to determine the certification to which they are required to
attest. Applicants should also review the instructions for certification included in the regulations before completing this
from. Signature of this form provides for compliance with certification requirements under 28 CFR Part 69, "New
Restrictions on Lobbying"and 28 CFR Part 67, "Government-wide Department and Suspension (Nonprocurement) and
Government-wide Requirements for Drug-Free Workplace(Grants)." The certifications shall be treated as a material
representation of fact upon reliance will be placed when the Department of Justice determines to award the
covered transaction, grant, or cooperative agreement.
1. LOBBYING public (Federal, State, or local) transaction or contract under a
public transaction; violation of Federal or State antitrust
As required by Section 1352, Title 31 of the U.S. Code, and statutes or commission of embeulement, theft forgery,
implemented at 28 CFR Part 69, for persons enteringg into a bribery, falsification or destruction of records, making false
grant or cooperative agreement over 5100,000, as defined at statements,or receiving stolen property;
28 CFR Part 69,the applicant certifies that
(c) Are not presently indicted for or otherwise criminally or
(a) No Federal appropriate funds have been paid or will be civilly charged by a governmental entity (Federal, State, or
Raid, by or on behalf of the undersigned, to any person for in- local) with commission of any of the offenses enumerated in
Fluencing or attempting to influence an officer or employee of paragraph(1)(b)of this certification;and
any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in con- ((d) Have not within a three-year period preceding this applica-
nection with the making of any Federal grant, the entering into fion had one or more public transactions (Federal, State, or
of any cooperative agreement, and extension, continuation, local)terminated for cause or default;and
renewal, amendment, or modification of any Federal grant or
cooperative agreement; B. Where the applicant is unable to certify to any of the
statements in this certification, he or she shall attach an
(b) If any funds other than Federal appropriated funds have explanation to this application.
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 3. DRUG-FREE WORKPLACE
an employee of a Member of Congress in connection with this (GRANTEES OTHER THAN INDIVIDUALS)
Federal grant or cooperative agreement, the undersigned shall
complete and submit Standard Form - LLL, Disclosure of As required by the Druq Free Workplace Act of 1988, and
Lobbying Activities,"in accordance with its instructions; implemented at 28 CFR Part 67, Subpart F, for grantees as
defined at 28 CFR Part 67 Sections 67.615 and 67.620-
JV The undersigned shall require that the language of this car-
cation be included in the award documents Tor all subawards A. The applicant certifies that it will or will continue to provide
at all tiers (including subgrants, contracts under grants and a drug-free workplace by:
inoperative agreements, and subcontracts) and that all sub-
recipients she certify and disclose accordingly. (a) Publishing a statement notifying employees that the
unlawful manufacture, distribution, dispensing, possession, or
use of a controlled substance is prohibited in the grantee's
2. DEBARMENT SUSPENSION,AND OTHER workplace and specifying the actions that will be taken against
RESPONSIBILIT'i'MATTERS employees for violation o such prohibition;
(DIRECT RECIPIENT)
(b) Establishing an on-going drug-free awareness program to
As required by Executive Order 12549, Debarment and infform employees about-
Suspension, and implemented prima at 28 CFR PH 67, fore prospec-
tive fined
participants in primarryv covered transactions, as defined at (1) The dangers of drugs abuse in the workplace;
28 CFR Part 67,Section 67.510-
(2) The grantee's policy of maintaining adrug-free workplace;
A. The applicant certifies that it and its principals:
(3) Any available drug counseling, rehabilitation,.and employee
(a) Are not presently debarred, suspended, proposed for debar- assistance programs; and
a) declared ineligible sentenced to a denial of Federal
bene)its by a State or federal court, or voluntarily excluded (4) The penalties that may be imposed upon employees for
from covered transactions by any Federal department drug abuse violations occurring in the workplace;
or agency;
(c) Makingq it a requirement that each employee to be engaged
JP) Have not within o three-year period preceding this applies- m the perired by of the grant be given a copy of the state-
the been convicted of or haul a civil judgment rendered against ment required by paragraph(a);
them for commission of fraud or a criminal or offense in connec-
tion with obtaining,attempting to obtain,or performing a pa Notifying the employee in_ the statement required by
paragraph `a) that, as a condition of employment under the
grant,the employee will-
OJP FORM 4061/6(3-91)REPLACES OJP FORMS 406112,4062/3 AND 4061/4 WHICH ARE OBSOLETE.
2012-233
(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 recervmg notice under subparagraph (d1(2) from an Check if there are workplace on file that are not identified
employee or otherwise receiving actual notice o such convic- here.
tion. Employers of convicted employees must provide notice
including position title to: Department of Justice, Office o) Section 67, 630 of the regulations provides that a grantee that
Justice Programs, ATtN: Control Desk, 633 Indiana Avenue, is a State may elect to make one certification in each Federal
N.W., Washington D.C. 20531. Notice shall include the iden- fiscal year. A copy of which should be included with each ap-
tificetion number(sj of each affected grant; plication for Department of Justice funding. States and State
agencies may elect to use OJP Form 406117.
(f) Taking one of the following actions, within 30 calendar
days of receiving notice under subparagraph (d)(2), with Check D if the State has elected to complete OJP Form
respect to any employee who is so convicted- 40612
(1) Taking appropriate personnel action against such an
employee, up to and including termination consistent with the DRUG-FREE WORKPLACE
requirements of the Rehabilitation Act of 1913, as amended;or (GRANTEES WHO ARE INDIVIDUALS)
(2) Requiring such employee to,participate satisfactorily in a As required by the Dru$Free Workplace Act of 1988, and
drug abuse assistance or rehaGlitation program approved for implemented at 28 CFR Fart 67, Subpart F, for ggrantees, as
such purposes by a Federal, State, or local health, law enforce- defined at 28 CFR Part 67;Sections 67.615 and 67.620-
ment, or other appropriate agency;
A. As a condition of the grant I certify that I will not engage
(g) Making a good faith effort to continue to maintain a drug- in the unlawful manufacture distribution, dispensingg posses-
ree work lace through implementation of paragraphs (a), (b Sion, or use of a controlled substance in condition any
(c),(d),(e),and(f). activity with the grant;and
B. The grantee may insert in the space provided below the B. If convinced of a criminal drug offense resulting from a
site(s) for the performance of work done in connection with violation occurring during the conduct of anyy grant activity, I
the specific grant: will report the conviction, in writing within 10 calendar days
of the conviction, to: Department of Justice, Office of Justice
Place of Performance (Street address, city, country, state, zip Programs, ATTN: Control Desk, 633 Indiana Avenue, N.W.,
code) Washington, D.C.20531.
As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above certifications.
1. Grantee Name and Address:
SAN BERNARDINO POLICE DEPARTMENT
710 N. D STREET
SAN BERNARDINO, CALIFORNIA 92401
2. Application Number and/or Project Name 3. Grantee IRSNendor Number
RIVERSIDE TASK FORCE
4. Typed Name and Title of Authorized Representative -
Robert Handy, Chief
5. Signature 6. Date _