HomeMy WebLinkAbout2013-229 1 RESOLUTION NO. 2013-229
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT
3 BETWEEN THE UNITED STATES DEPARTMENT OF JUSTICE, DRUG
4 ENFORCEMENT ADMINISTRATION, AND THE SAN BERNARDINO POLICE
DEPARTMENT TO PARTICIPATE IN THE LOS ANGELES HIGH INTENSITY
5 DRUG TRAFFICKING AREA (HIDTA) TASK FORCE
6 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
7 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
8
SECTION 1. The Mayor and Common Council of the City of San Bernardino
9
10 hereby authorizes the Chief of Police to execute on behalf of said City an Agreement between
11 the City of San Bernardino Police Department and the United States Department of Justice,
12 Drug Enforcement Administration, authorizing the San Bernardino Police Department to
13 participate in the Los Angeles High Intensity Drug Trafficking Area (HIDTA) Task Force, a
14 copy of which is attached hereto marked Exhibit A and incorporated herein by reference as
15
16 fully as though set forth at length.
17 SECTION 2. The authorization to execute the above referenced Agreement is
18 rescinded if it is not executed within ninety (90) days of the passage of this Resolution.
19
20
21
22
23
24
25
26
27
28
2013-229
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT
2 BETWEEN THE UNITED STATES DEPARTMENT OF JUSTICE, DRUG
ENFORCEMENT ADMINISTRATION, AND THE SAN BERNARDINO POLICE
3 DEPARTMENT TO PARTICIPATE IN THE LOS ANGELES HIGH INTENSITY
4 DRUG TRAFFICKING AREA (HIDTA) TASK FORCE
5
6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
7 Common Council of the City of San Bernardino at a joint regular meeting
8 thereof, held on the 5thday of August , 2013, by the following vote,to wit:
9
Council Members: AYES NAYS ABSTAIN ABSENT
10
11 MARQUEZ x
12 JENKINS x
13 VALDIVIA x
14 SHORETT
15
KELLEY x
16
17 JOHNSON x
18 MCCAMMACK _
19
.fit-
20 Georg Hann ,'City Clerk
21 The foregoing resolution is hereby approved this (�fi% day of August , 2013.
22
23
24 Pat ck J. Mo 's, Mayor
City o ardino
25
Approved as to form:
26 JAMES F. PENMAN,
27 City Attorney
28 By: ��? ..�
0
2013-229
LOS ANGELES HIGH INTENSITY DRUG TRAFFICKING AREA
SOUTHERN CALIFORNIA DRUG TASK FORCE
STATE AND LOCAL HIDTA TASK FORCE AGREEMENT
BETWEEN
THE DRUG ENFORCEMENT ADMINISTRATION
AND
THE SAN BERNARDINO POLICE DEPARTMENT
This agreement is made this 1St day of October 2013, between the United States
Department of Justice, Drug Enforcement Administration (hereinafter "DEA"),
and the 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 Los Angeles High Intensity Drug Trafficking Area (Los Angeles, Orange,
Riverside, and San Bernardino Counties), and that such illegal activity has a
substantial and detrimental effect on the health and general welfare of the people of
San Bernardino, the parties hereto agree to the following:
1. The Southern California Drug Task Force (hereinafter "SCDTF"), a Los
Angeles High Intensity Drug Trafficking Area (hereinafter "LA-HIDTA") will
perform the activities and duties described below:
a. disrupt the illicit drug traffic in the LA-HIDTA by
immobilizing targeted violators and trafficking organizations;
2013-229
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 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 SCDTF, the SBPD agrees to detail one
(1) experienced officer to the SCDTF for a period of not less than two years.
During this period of assignment, the SBPD officer will be under the direct
supervision and control of DEA supervisory personnel assigned to the task force.
3. The SBPD 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 SBPD officer assigned to the task force shall be deputized as a task
force officer of DEA pursuant to 21 U.S.C. § 878.
5. To accomplish the objectives of the SCDTF, DEA will also assign Special
Agents to the task force. HIDTA will also, subject to the availability of annually
appropriated funds or any continuing resolution thereof, provide necessary funds
and equipment to support the activities of the DEA Special Agents and the SBPD
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.
2013-229
6. During the period of assignment to the SCDTF, the SBPD will remain
responsible for establishing the salary and benefits, including overtime, of the
SBPD officer assigned to the task force, and for making all payments due them.
MDTA will, subject to availability of funds, reimburse the SBPD for overtime
payments made by it to the SBPD officer assigned to the SCDTF for overtime, up
to a sum equivalent to twenty-five percent (25%) of the annual salary of a GS-
1811-12, 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 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.
2013-229
10. The SBPD shall comply with Title VI of the Civil Rights Act of 1964,
Section 504 of the Rehabilitations 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 that law, 28 CFR Part 42,
Subparts C, F, G, H, and 1.
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 Requirement. The SBPD acknowledges that this agreement will not
take effect and no federal funds will be awarded to the SBPD 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 SBPD agrees to provide a vehicle for the officer assigned to HIDTA to
conduct investigations and respond to emergency callouts. The SBPD procedure
for reporting and investigating automobile accident involving SBPD vehicles shall
apply. HIDTA, through DEA, will furnish mobile radio for installation in the
vehicle and assume the cost of installation and removal. HIDTA will be
financially responsible for the purchase of fuel.
2013-229
14. The HIDTA Executive Committee acknowledges that the United States is
liable for the actions of task force officer, while on duty and acting within the
scope of federal employment, to the extent permitted by the Federal Torts Claim
Act.
15. The term of this agreement shall be from October 01, 2013 until September
30, 2014. This agreement may be terminated by either party on thirty (30) days
advance written notice. Billings for all outstanding obligations must be received
by DEA within ninety (90) days of the date of termination of this agreement.
HIDTA will be responsible only for obligations incurred by the SBPD during the
term of this agreement.
For the Drug Enforcement Administration:
Date:
Anthony D. Williams
Special Agent in Charge
Los Angeles Field Division
For the San Bernardino Police Department:
Date:
Robert Handy
Chief of Police
2013-229
Attachments:
(1). OJP Forms 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 SCDTF
Task Force.
2013-229
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 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 enterin into a bribery, falsification or destruction of records, making false
grant or cooperative agreement over $100,000, as de fined 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 entit (Federal, State, or
paid, by or on behalf of the undersigned, to any person for in- local) with commission of any of the offyenses 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-
nectron with the making of any Federal grant, the entering into JO) 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
fib) If any funds other than Federal appropriated funds have explanation to this application.
6been 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
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
RESPONSIBILITY 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 int)orm 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 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
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.
2013-229
(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 a ency, in writing, within 10 calendar days
affer receiving nofice 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 tale, to: Department of Justice, Office of Section 67, 630 of the regulations provides that a grantee that
Justice Programs, ATfN: 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
(f) Taking one of the following actions, within 30 calendar agencies may elect to use OJP Form 4061/7
days of receiving notice under subparagraph (d)(2), with Check n if the State has elected to complete OJP Form
respect to any employee who is so convicted- 4061/7.
(1) Taking apppropriate personnel action against such an
employee, up to and including termination consistent with the DRUG-FREE WORKPLACE
requirements of the Rehabilitation Act of 103, as amended;or (GRANTEES WHO ARE INDIVIDUALS)
{2) Requiring such employee to participate satisfactorily in a As required by the Druq-Free Workplace Act of 1988, and
drug abuse assistance or rehabilitation 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, dispensing, posses-
ffree 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 North D Street
San Bernardino, CA 92402-1559
2. Application Number and/or Project Name 3, Grantee IRSNendor Number
4. Typed Name and Title of Authorized Representative
Robert Handy, Chief
5. Signature 6. Date
2013-229
Roster of Local, State, or Federal Agency personnel
Assigned to the LAFD/SCDTF-HIDTA
Name of Agency:
San Bernardino PD
I. Pat Woolweaver/Group 50
2013-229
LOS ANGELES HIGH INTENSITY DRUG TRAFFICKING AREA
SOUTHERN CALIFORNIA DRUG TASK FORCE
STATE AND LOCAL HIDTA TASK FORCE AGREEMENT
BETWEEN
THE DRUG ENFORCEMENT ADMINISTRATION
AND
THE SAN BERNARDINO POLICE DEPARTMENT
This agreement is made this 1st day of October 2013, between the United States
Department of Justice, Drug Enforcement Administration (hereinafter "DEA"),
and the 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 Los Angeles High Intensity Drug Trafficking Area (Los Angeles, Orange,
Riverside, and San Bernardino Counties), and that such illegal activity has a
substantial and detrimental effect on the health and general welfare of the people of
San Bernardino, the parties hereto agree to the following:
1. The Southern California Drug Task Force (hereinafter "SCDTF"), a Los
Angeles High Intensity Drug Trafficking Area (hereinafter "LA-HIDTA") will
perform the activities and duties described below:
a. disrupt the illicit drug traffic in the LA-HIDTA by
immobilizing targeted violators and trafficking organizations;
2013-229
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 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 SCDTF, the SBPD agrees to detail one
(1) experienced officer to the SCDTF for a period of not less than two years.
During this period of assignment, the SBPD officer will be under the direct
supervision and control of DEA supervisory personnel assigned to the task force.
3. The SBPD 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 SBPD officer assigned to the task force shall be deputized as a task
force officer of DEA pursuant to 21 U.S.C. § 878.
5. To accomplish the objectives of the SCDTF, DEA will also assign Special
Agents to the task force. HIDTA will also, subject to the availability of annually
appropriated funds or any continuing resolution thereof, provide necessary funds
and equipment to support the activities of the DEA Special Agents and the SBPD
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.
2013-229
6. During the period of assignment to the SCDTF, the SBPD will remain
responsible for establishing the salary and benefits, including overtime, of the
SBPD officer assigned to the task force, and for making all payments due them.
HIDTA will, subject to availability of funds, reimburse the SBPD for overtime
payments made by it to the SBPD officer assigned to the SCDTF for overtime, up
to a sum equivalent to twenty-five percent (25%) of the annual salary of a GS-
1811-12, 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 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.
2013-229
10. The SBPD shall comply with Title VI of the Civil Rights Act of 1964,
Section 504 of the Rehabilitations 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 that law, 28 CFR 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 Requirement. The SBPD acknowledges that this agreement will not
take effect and no federal funds will be awarded to the SBPD 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 SBPD agrees to provide a vehicle for the officer assigned to HIDTA to
conduct investigations and respond to emergency callouts. The SBPD procedure
for reporting and investigating automobile accident involving SBPD vehicles shall
apply. HIDTA, through DEA, will furnish mobile radio for installation in the
vehicle and assume the cost of installation and removal. HIDTA will be
financially responsible for the purchase of fuel.
2013-229
14. The HIDTA Executive Committee acknowledges that the United States is
liable for the actions of task force officer, while on duty and acting within the
scope of federal employment, to the extent permitted by the Federal Torts Claim
Act.
15. The term of this agreement shall be from October 01, 2013 until September
30, 2014. This agreement may be terminated by either party on thirty (30) days
advance written notice. Billings for all outstanding obligations must be received
by DEA within ninety (90) days of the date of termination of this agreement.
HIDTA will be responsible only for obligations incurred by the SBPD during the
term of this agreement.
For the Drug Enforcement Administration:
Date:
cr/2-46 A.1
Anthony D. Williams
Special Agent in Charge
Los Angeles Field Division
For the San Bernardino Police Department:
KW/41 / Date: e/ohy
Robert Handy
Chief of Police
2013-229
Attachments:
(1). OJP Forms 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 SCDTF
Task Force.
2013-229
U.S. DEPARTMENT OF JUSTICE
1,4/; 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,. 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 de coed 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 Pion 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)his (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 67.6`20-
(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
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
RESPONSIBILITY MATTERS employees for violation of such prohibition;
(DIRECT RECIPIENT)
(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 Pit 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-
fion 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.
2013-229
(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 comic- 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; a9�cies for Department of Justice Form funding. States and State
(f) Taking one of the following actions, within 30 calendar /77
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
Pllade of Performance (Street address, city, country, state, zip Prrogr nms, AT�:2 Control Desk, 633 Indiana Avenue, N.W.,
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 North D Street
San Bernardino, CA 92402-1559
2. Application Number and/or Project Name 3. Grantee IRSNendor Number
4. Typed Name and Title of Authorized Representative
Robert Handy, Chief
5. Signature 6. Date
g/01J
2013-229
•
Roster of Local, State, or Federal Agency Personnel
Assigned to the LAFD/SCDTF-HIDTA
Name of Agency:
San Bernardino PD
1, Pat Woolweaver/Group 50
2013-229
LOS ANGELES HIGH INTENSITY DRUG TRAFFICKING AREA
SOUTHERN CALIFORNIA DRUG TASK FORCE
STATE AND LOCAL HIDTA TASK FORCE AGREEMENT
BETWEEN
THE DRUG ENFORCEMENT ADMINISTRATION
AND
THE SAN BERNARDINO POLICE DEPARTMENT
This agreement is made this 1st day of October 2013, between the United States
Department of Justice, Drug Enforcement Administration (hereinafter "DEA"),
and the 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 Los Angeles High Intensity Drug Trafficking Area (Los Angeles, Orange,
Riverside, and San Bernardino Counties), and that such illegal activity has a
substantial and detrimental effect on the health and general welfare of the people of
San Bernardino, the parties hereto agree to the following:
1. The Southern California Drug Task Force (hereinafter "SCDTF"), a Los
Angeles High Intensity Drug Trafficking Area (hereinafter "LA-HIDTA") will
perform the activities and duties described below:
a. disrupt the illicit drug traffic in the LA-HIDTA by
immobilizing targeted violators and trafficking organizations;
2013-229
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 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 SCDTF, the SBPD agrees to detail one
(1) experienced officer to the SCDTF for a period of not less than two years.
During this period of assignment, the SBPD officer will be under the direct
supervision and control of DEA supervisory personnel assigned to the task force.
3. The SBPD 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 SBPD officer assigned to the task force shall be deputized as a task
force officer of DEA pursuant to 21 U.S.C. § 878.
5. To accomplish the objectives of the SCDTF, DEA will also assign Special
Agents to the task force. HIDTA will also, subject to the availability of annually
appropriated funds or any continuing resolution thereof, provide necessary funds
and equipment to support the activities of the DEA Special Agents and the SBPD
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.
2013-229
6. During the period of assignment to the SCDTF, the SBPD will remain
responsible for establishing the salary and benefits, including overtime, of the
SBPD officer assigned to the task force, and for making all payments due them.
I-IIDTA will, subject to availability of funds, reimburse the SBPD for overtime
payments made by it to the SBPD officer assigned to the SCDTF for overtime, up
to a sum equivalent to twenty-five percent (25%) of the annual salary of a GS-
1811-12, 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 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.
2013-229
10. The SBPD shall comply with Title VI of the Civil Rights Act of 1964,
Section 504 of the Rehabilitations 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 that law, 28 CFR 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 OW Form 4061/6, Certification Regarding Lobbying;
Debarment, Suspension and Other Responsibility Matters; and Drug Free
Workplace Requirement. The SBPD acknowledges that this agreement will not
take effect and no federal funds will be awarded to the SBPD 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 SBPD agrees to provide a vehicle for the officer assigned to HIDTA to
conduct investigations and respond to emergency callouts. The SBPD procedure
for reporting and investigating automobile accident involving SBPD vehicles shall
apply. HIDTA, through DEA, will furnish mobile radio for installation in the
vehicle and assume the cost of installation and removal. HIDTA will be
financially responsible for the purchase of fuel.
2013-229
14. The HIDTA Executive Committee acknowledges that the United States is
liable for the actions of task force officer, while on duty and acting within the
scope of federal employment, to the extent permitted by the Federal Torts Claim
Act.
15. The term of this agreement shall be from October 01, 2013 until September
30, 2014. This agreement may be terminated by either party on thirty (30) days
advance written notice. Billings for all outstanding obligations must be received
by DEA within ninety (90) days of the date of termination of this agreement.
HIDTA will be responsible only for obligations incurred by the SBPD during the
term of this agreement.
For the Drug Enforcement Administration:
c _
Date: L4
Anthony D. Williams
Special Agent in Charge
Los Angeles Field Division
For the San Bernardino Police Department:
Kdif /4 Date: 8"%e/f/
Robert Handy
Chief of Police
2013-229
Attachments:
(1). OW Forms 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 SCDTF
Task Force.
2013-229
U.S. DEPARTMENT OF JUSTICE
OFFICE OF JUSTICE PROGRAMS
OFFICE OF THE COMPTROLLER
CERTIFICATIONS REGARDING LOBBYING' DEBARMENT SUSPENSION AND
OTHER RESPONSIBILITY MATERS AND DRUG-FR E 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-
g ion had one or more public transactions (Federal, State, or
nectigon with the making of any Federal grant,the entering into ti
on
any cooperative agreement, and extension, continuation, local)terminated for cause or default and
renewal,.amendment, or modification of any Federal grantor B. Where the applicant is unable to certify to any of the
cooperative agreement; 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)his (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 a67 6SeSubpart
Sections 67 615r and t67.620
(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
i
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
RESPONSIBILITY MATTERS employees for violation o77 such prohibition;
(DIRECT RECIPIENT)
(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 Frt 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
from tcovered State asactions ray court, or voluntarily rildepartment drug abupenalties
e v violations that be in the workplace; employees for
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,
2013-229
(1) Abide by the terms of the statement; and
(2) Notify the employer ingwriting of his or her conviction for a
violation llater than a criminal aedar days after such conviction workplace
(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_ustiposition tATTN Control Desk of 33 Justice, Office is Section elm y0elect the regulations one certificationainaeach Federal
Justice Programs,
ff ain n � e(soec haf d gashall include the iden- fiscal n fDp hfhustunn at hna e
tito Washington,of aect Notice I icaioor eRaartme toJice fdig. Stsad St
agencies may elect to use OJP Form 4061/7.
(f) Taking one of the following actions, within 30 calendar
days of receiving any ivngloye notice under so convicted-ua subparagraph (d)(2), with Check ❑ if the State has elected to complete OJP Form
(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 any grant from a
site(s) for the performance of work done in connection with violation occurring ndur ng he conduct of ny gra t ac ivdays
the specific grant: of will the conviction, to Department of Justice, Office of Justice
Place of Performance (Street address, city, country, state, zip Programs, AT C:20531rol Desk, 633 Indiana Avenue, N.W.,
code)
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 North D Street
San Bernardino, CA 92402-1559
2. Application Number and/or Project Name
3. Grantee IRSNendor Number
4. Typed Name and Title of Authorized Representative
Robert Handy, Chief
6. Date
5. Signature
(-----/-7LL 4—, (5'4°)J
2013-229
Roster of Local, State, or Federal Agency Personnel
Assigned to the LAFD/SCDTF-HIDTA
Name of Agency:
San Bernardino PD
l. Pat Woolweaver/Group 50