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RESOLUTION (ID # 3469) DOC ID: 3469
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
Agreement/Contract
From: Jarrod Burguan M/CC Meeting Date: 09/15/2014
Prepared by: Adam Affrunti, (909) 384-7228
Dept: Police Ward(s): All
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the
Execution of an Agreement with the United States Department of Justice for the San Bernardino
Police Department to Participate as a Member of the Drug Enforcement Administration (DEA)
Task Force. (#3469)
Current Business Registration Certificate: Not Applicable
Financial Impact:
No financial impact to the City
Motion: Adopt the Resolution
Synopsis of Previous Council Action:
8-19-2013 Resolution No. 2013-2626 authorizing participation in the DEA Task Force was
adopted.
9-04-2012 Resolution No. 2012-1975 authorizing participation in the DEA Task Force was
adopted.
Background:
Several investigative drug task forces currently work in the Riverside District Office of the
United States Department of Justice, Drug Enforcement Administration. Chief Jarrod Burguan
and the San Bernardino Police Department have been asked by the Assistant Special Agent in
Charge (Riverside Office) to continue participation in a task force that operates within the Inland
Empire region. The department provides one officer from the San Bernardino Police Department
Narcotics Unit who is assigned to a DEA task force to enhance drug enforcement efforts in the
San Bernardino area.
The San Bernardino Police Department is responsible for providing an officer and related safety
equipment to the task force. Any additional equipment needs are the responsibility of the Drug
Enforcement Administration. Task force supervision is the responsibility of DEA managers and
oversight of the assigned employee remains the responsibility of the San Bernardino Police
Department. The assigned employee will be responsible for adherence to all rules and
regulations of the San Bernardino Police Department while working within the DEA task force.
The trafficking of narcotics and dangerous drugs, as well as other associated illegal activity, has
a substantial detrimental effect on the health and general welfare of community members in the
City of San Bernardino. Through the DEA task force, the San Bernardino Police Department
Updated: 8/28/2014 by Linda Sutherland I Packet Pg. 399
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3469
benefits from a partnership with other agencies including:
• United States Department of Justice, Drug Enforcement Administration
• San Bernardino County Sheriff's Department
• Riverside County Sheriff's Department
• Ontario Police Department
• California Highway Patrol
Officer assignment to the task force will be for a minimum of two years. Any training needs or
assignments related to task force operations will be provided by the Drug Enforcement
Administration, with no charge to the City of San Bernardino or the San Bernardino Police
Department. Participation in this task force provides the City of San Bernardino and the San
Bernardino Police Department an allocated share of assets seized in those investigations
participated in by the task force officer.
The San Bernardino Police Department has been successfully participating in this joint task force
since February 2005, under San Bernardino City Council Resolution 2005-51. There are no
language changes for the 2014/2015 Task Force Agreement with the exception of the monetary
overtime reimbursement to the San Bernardino Police Department. There are no additional
positions. The current position is already included in the adopted budget with the City paying
base salary and benefits and DEA funding overtime. The Agreement provides that the DEA will
reimburse the San Bernardino Police Department during the fiscal year for overtime payments
made to the assigned task force officer, up to $17,374.00 (25% of the salary of a Federal
employee GS-12).
City Attorney Review:
Supporting Documents:
Reso DEA (DOC)
DEA Agreement 2015_001 (PDF)
Updated: 8/28/2014 by Linda Sutherland Packet Pg. 400
S.L.a
1 RESOLUTION NO.
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.
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NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
6 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
7 SECTION 1. The City Manager is hereby authorized to execute on behalf of the City
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an Agreement between the City of San Bernardino Police Department and the United States
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Department of Justice Drug Enforcement Administration authorizing the San Bernardino
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Police Department to participate as a member of a Drug Enforcement Administration task
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12 force operating in the Inland Empire, a copy of which is attached hereto, marked as Exhibit A, �°
13 and incorporated herein by this reference as fully as though set forth at length.
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SECTION 2. The authorization to execute the above referenced Agreement is
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rescinded if it is not executed within ninety(90) days of the passage of this Resolution.
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5.L.a
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
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.
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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 meeting
8 thereof, held on the day of , 2014, by the following vote, to wit:
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Council Members: AYES NAYS ABSTAIN ABSENT E
10 L
11 MARQUEZ
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12 BARRIOS
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13 VALDIVIA
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14 SHORETT °
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NICKEL M
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17 JOHNSON o
18 MULVIHILL
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20 Georgeann Hanna, City Clerk
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The foregoing resolution is hereby approved this day of , 2014.
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24 R. Carey Davis, Mayor
City of San Bernardino
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Approved as to form:
26 Gary D. Saenz, City Attorney
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28 By:
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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, 2014,
between the United States Department of Justice, Drug Enforcement
Administration (hereinafter 'IDEA") , and San Bernardino Police
Department (hereinafter "SBPD") . The DEA is authorized to enter into
this cooperative agreement concerning the use and abuse of controlled ja=i
substances under the provisions of 21 U.S.C. § 873 . m
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WHEREAS there is evidence that trafficking in narcotics and dangerous
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drugs exists in the Riverside/San Bernardino County area and that such 4)
illegal activity has a substantial and detrimental effect on the o
health and general welfare of the people of Riverside/San Bernardino w
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County, the parties hereto agree to the following:
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1 . The Riverside Task Force will perform the activities and duties w
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described below:
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a. disrupt the illicit drug traffic in the Riverside/San
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Bernardino County area by immobilizing targeted violators and
trafficking organizations; o�
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b. gather and report intelligence data relating to trafficking in N
narcotics and dangerous drugs; and Y
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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 Q
before the courts of the United States and the State of Q
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California.
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2 . To accomplish the objectives of the Riverside Task Force, the SBPD m
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 Q
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 .
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S . 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 Q
overtime, up to a sum equivalent to 25 percent of the salary of a GS-
12, step 1, (RUS) Federal employee (currently $17, 374 . 00) , per L
officer. Note: Task Force Officer's overtime "shall not include any L°
costs for benefits, such as retirement, FICA, and other expenses. " w
7 . In no event will the SBPD charge any indirect cost rate to DEA for w
the administration or implementation of this agreement . o
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B . The SBPD shall maintain on a current basis complete and accurate M
records and accounts of all obligations and expenditures of funds
under this agreement in accordance with generally accepted accounting o
principles and instructions provided by DEA to facilitate on-site L°i
inspection and auditing of such records and accounts . o
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9 . The SBPD shall permit and have readily available for examination
and auditing by DEA, the United States Department of Justice, the E
Comptroller General of the United States, and any of their duly
authorized agents and representatives, any and all records, documents,
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accounts, invoices, receipts or expenditures relating to this W
agreement. The SBPD shall maintain all such reports and records until p
all litigation, claim, audits and examinations are completed and
resolved, or for a period of three (3) years after termination of this d
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agreement, whichever is later. -c
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10 . The SBPD shall comply with Title VI of the Civil Rights Act of Q
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
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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
ff 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 29, 2015 . This agreement may
be terminated by either party on thirty days" advance written notice. c
Billings for all outstanding obligations must be received by DEA E
within 90 days of the date of termination of this agreement. DEA will
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be responsible only for obligations incurred by SBPD during the term Q
of this agreement .
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For the Drug Enforcement Administration: ii
Date: F�-
Anthony D. Williams `t
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Special Agent in Charge
Los Angeles Field Division
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For the San Bernardino Police Department: Q
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Date: N
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ATTACHMENTS:
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(1) . OJP Form 4061/6 (3-91) : Certifications Regarding Lobbying; <UJ
Debarment, Suspensions and Other Responsibility Matters; and Drug Free p
Workplace Requirements
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(2) . Roster of Local, State, or Federal Agency Personnel Assigned to
the United States Drug Enforcement, Los Angeles Field Division,
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Southwest Border Group Two Task Force Q
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4 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 REQUIREMENT
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.
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1. LOBBYING li� (Federal ,State,.olr Coca!) b a f In or cc tr ct under
+ transaction• vio anon o e e a or a ntitrus L
As e uir d b ,e ��''� 13$2� T'tle 31 of the U..S. Code, aaannn� z�,u es {{o cornrfiissconc� f em a ement he or er O
imp er ieennefd 28 rRe Paort e9,�t`�b���s�nas aee#ine�i rato2� FR SRI1wbrits,o receving sVoten propnertoy records, ma King �alsye Y
rarrtpa t�te app an ceMfies that: rn
Are riot present l indi t d for or tli rwise criminal) or civil) H
(a) No Federal appropriate funds have been paid or will be paid, ar ed lava over a ncfal ntit �ec�eral, SSt te, or Val wi�i
py or on behalf of the unders+ ed, to any person for+nfitiiertcing o)mr�hss+on an4 o tie of�ens�s(enumeratec� in paragra� �1) w
or atteTr�tptin o influence an icer or employee f an agent , o is ce r rca on; and 0
a MemGer d ongress, an o + r or employee o�CoXgress, �ir
NIoYy e of a M tuber of Gon ress in connection with the d ave not within a thre ear period a edin thi a li atio
Ofe anY Fe era) grant k e entering into of an �a on �r more eublydr r�ar�sa�t�ns ecderal9Sta�e,p rr(oca�j ative agreement, and exfension, con#inua#ion, renew I, ermsna e for taus or a au t; an M ment, or modification of any Federal grant or cooperative
agreement;
B. Whe a the a plic �t +s,unable to rtify to an f the
stat me �s +n thisp li nw.cat+on, he or s�ie shall attac� an °°
exp�anai�Ion to this app ication.
b f an # ds of er than Federal a r rioted fund hav be n �I
`�oritie +�to an r�frpn �iencsn or aemntgrf
uence an o ter ore o ee an a en a ei a o
Tess ar scar or etn ogee o Con e ,obro e ogee D °
arnbel o on res i co ne flops a era n ooGRANTEE5 OTHER THA�AINDIVIDUALS) N
8e r�he ersr e s all co p e an =
uipmeitatrtanarcVofm . -.�� lsclosure ar o9by+ng m
,+vibes, in accordance with its in§#rut ions; As re uir dddb eCp u Frr�e W rk lacrte t of 1988, and E
Fe ne�ea�e28 a Part ?5e�ctlons�e 61 'annd� .Wff' as CD
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Te pdersline st II re t uire that the lafu �e gf this ter-
r +on m e rn �,e a r dot menu su awards a A. Tea li a t c rtifies that it will or will continue to provide a
c 4 erstiv nc�uc to�en >gr ,nn s§u co trcc s canner tltgap if sur�r drug-thee r�Cp�aceeby: p Q
recise�ts sha��certify an8isclose aecore+ngy. w
a P b ishin a stat ment noti in employees that the
u�law r ma faGtu e, is rsbutio[� +s nsrn ssessro1 r
use �a co tralrec� sinsft nre Isr +�ste sn h ranteec
ION,AND OTHER
workplace no sec+fr�in� I e actiinr %at wbe V, erg agains� c
employeesior v+c at+o o suc pro i ition; E
/b Establi hin an on-going drug-tree awareness program to U
As required b Executi a Ord� r �''Z1g9, barment and to orm emp�oye�s about- r
Su c 1 n,and it iglemenvterde8tt2ans Ct Ps 67§ de ine�ecf a
���artt7,th 8c�son 97cgr (1)The dangers of drugs abuse in the workplace;
(2)The grantee's policy of maintaining a drug-free workplace;
A. The applicant certifies that it and its principals:
3 A available dru c unseling, rehabilitation, and employee
(a)Are not presently, debarred, suspended, proposed for debar- las�siSRnce programs;%n8
merit declar d inei+rgFible, sentenced to a denial of Federal
benefits by a Mate or�Federal court,or voluntanl excluded from I he alties that ma .b impo e un employees for drug
covered transactions by any Federal department or agency; (muse vPo?a?ions occurr nag nn efhe woWAN
(c Mak n it a re r ment that each em to ee to be en used i
b Have no wth a thr a-yea a od raced n t is ap I c tion th� erformance�y i i rant be given a c�py of the st�a menq
en convic�ec�o ' r h rga cry+C.�UW� t rent�et9e�ar�a+t�s� e req�ired by paragrap e(a�;
r cornmrs on otra r a crr r o ense in con ectron WE
o itaining,a�Eempting tuo Detain,or performing a d)) Notif i q tth em toe in he totem nt eq fired by
as t�h�et, as�c�nr�ition oftempl�oymenef under t�+e granY
OJP FORM 4061/6(3-91)REPLACES OJP FORMS 4061/2,4062/3 AND 4061/4 WHICH ARE OBSOLETE.
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F(1)Abide by the terms of the statement; and
(2 otify he emplo a in wraiin of his.or her convic�t�ion for a
lafearfthan five calmenc�a�da�rs afferasuch conVgic�ion; wor place no
e} Notif in the aeeciy, ir>bwritin ith Iendar daYS after
bei in rfoce eesuraaphe)(1romh an eir(plo se Check )� h there are workplace on file that are not identified
r o h wis race vi a ua notic a . uc co 10 n. ere.
m to er c nvic a es st rovi otice n u to 3 �t
120 110 nu � a r. M1To�cke sry l innc�'ale th eviec enEifi do a a e rna' ele fta�e s a oriiocer if,ov o sin aachgledere It fiaca
num er s)of each a acted grant, }ror`��}e ac t' Xn o h Form �l ale,annde a#e aogenccies
may e
91 s akingreceivi of tnotic%un'apr asucrarograp'�i 3(Od)( . wi i Check f- if the State has elected to complete OJP Form
rresYpecuitto any em loyee w o is so convi to - 4061/7.
L1� �aking ap ro�ri to rsonnel ,acttion again�t such n ����GG FF EE ORK �q E
qc o�ee, u rW kncAii qi >t� edrt}i c?ffi3�as amended; orae PGRANT S WHO ARE INDIVIDUALS)
re it mentspo he e a i i a on c o
Requiria such em I e,to articipate satistactoril in a dru As re uir dddb 2thge FD ua Fre W rk Dlarcte Ct of 1988, and
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a
use es i' an edoet le�a�lertaolorto a eal�h� arwoen orcernen de ine�ea� 8 R Part Y ectioiis�f6f5 andiui/� �ntees, as
er eat�ier appropriate agency, �
q As a o dition f tt�he gr nt.I ertify that I will not en pa e in Q
(g) Making a good faith effort to,continue to maintain a drug-free t use i owl u m nuaed sub tanibu ion'conoi?ion'nR6i acts ?y wO th
workplace through implementation of paragraphs(a), (b), (�), (d). grant;anc ° L
(e),and(f). O
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�dThe rante ma insert m tie pace, rovided below the ite B. If convinced of cri[�nttfinal drug offense resulting,from a
s fo tole ei orm nce of work cone A connection with tie violation occurrin during the condo . at anyy rant activity, I will 0
ecffic graru: report the conviction,cqt in wnttirt within 10 da endgr da_Ys of the m
conviction,to: D artment of justice,Office!ofJustice Programs,
Potice�j of Performance (Street address, city, country, state, zip C 2 control �esk, 633 Indiana Avenue, N.W., Washington, W
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As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above certifications. LO
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1. Grantee Name and Address:
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SAN BERNARDINO POLICE DEPARTMENT
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710 N. D STREET Q
SAN BERNARDINO, CA 92401
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2. Application Number and/or Project Name 3. Grantee IRSNendor Number 0
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RIVERSIDE TASK FORCE ca
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4. Typed Name and Title of Authorized Representative Q
CHIEF JARROD BURGUAN
5. Signature 6. Date
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