Loading...
HomeMy WebLinkAbout94-044WHEREAS, the Butte County Sheriffs Department desires to undertake a certain project designated the "Cannabis Eradication Program" to be funded, in part, from funds made available through the Cannabis Eradication Program administered by the Office of Criminal Justice Planning (hereafter referred to a OCJP). NOW, THEREFORE BE IT RESOLVED that the chairperson of the Butte County Board of Supervisors of the County of Butte is authorized, on its behalf, to submit the attached proposal to OCJP and is authorized to execute on behalf of the Butte County Sheriff s Office the attached Grant Award Agreement including any extensions or amendments thereof. IT IS AGREED that any liability arising out of the performance of this Grant Award Agreement, including civil court actions for damages, shall be the responsibility of the grant recipient and the authorizing agency. The State of California and OCJP disclaim responsibility for any such liability. BE IT FURTHER RESOLVED that the grant funds received hereunder shall not be used to supplant expenditures controlled by this body. I hereby certify that the foregoing is a true copy of the Resolution adapted by the Board of Supervisors of the County of Butte this 12th day of April, 1.994, by the following vote: VOTE: Supervisors Dolan, Roux, Thomas and Chair McLaughlin AYES: Supervisors Dolan, Houx, Thomas and Chair McLaughlin NOES: None ABSENT: None Vr `` _ L~ .. Ed McLaughlin, Chair, Bu~t{e County-Board of Supervisors ATTEST- :\ John S. Blacklock, Chief Administrative Officer and Clerk of the Board of Supervisors April 12, 1994 Date April L2, 1994 Date Resolution Approving Application For OCJP 1994-95 Grant Entitled "CANNABIS ERADICATION PROGRAM" " ^[~'ICE OF CRIMINAL JUSTICE FL.r""rJING OCJP A301 GRANT AWARD FACE SHEE' The Office of Criminal Justice Planning, hereafter designated OCJP, hereby makes a grant award of funds to the following Administrative Agency (1) Butte County Sheriff ` s Office hereafter designated Grantee, in the amount and for the purpose and duration set forth in this grant award. (2) Implementing Agency Name Butte County Sheriff's Office Contact Lt. Ronald L. Chaplin _Address 33 County Center Drive, Oroville, CA 95965 Telephone ( 916 ) 538-7389 (3) Project Title (60 characters maximumi Butte County Special Enforcement Unit {4) Project Director (Name, Title, ?ddress, Telephone) i 1'~~ur lines maxlnluml Mick Grey, Sheriff-Coroner Butte County Sheriff's Office 33 County Center Drive Oroville, CA 95965 916-538-7389 (6) Award No. (7) Grant Period May 1, 1994 to November 30, 1994 ($) Federal Amount $15,000.00 (9) N~Ate Amount {5) FinanCi.al O~Cer (Name, Title, :address, Telephnne~ (10) Cash Match ((i~ur line. maximum) NlA Dave Houser, AuditorlController 25 County Center Drive Oroville, CA 95965 916-538-7607 (11) In-Kind Match NlA (1?) Cost This grant award consists of this title page, the application for the o ant which is attached and made a part hereof. and the attached :assurance of Compliance forms. The grant recipient signifies acceptance of this grant award and a:,Trees to administer the grant project in accordance with the statutets), this Application for funding and the OCJP Grantee Handbook. FOR OCJP USE ONLY ~ (13) Official Authorized to Sign for Applicant/Grant recipient Item: Chapter: PCA Nu.: Components No.: Project No.: Amount: Split Fund: Split Encumber: Year: iVlatch Requirement: Fund: Program: Region: Fed. Cat. #: C ~ l tame: Ed McLaug ~R ~, _ 9`t Title: Chair, Boa d of ~upervlsors :~ddress:33 County Center Drive Oroville, CA 95965 Telephone: 916-891-2808 Date: 04-12-94 I hereby certify upon my own personal knowledge that budgeted funds are available for the period and purposes of this expenditure stated above. Fiscal Officer, OCJP Date Executive Director, OCJP Date Ottice ..F l'nminal ,Jusnce Planning `I PRQJ~CT ~L~~ARY j 1. PftO~IECT YEAR: 2. PROJECT TITLE: 3. GRANT PERIOD: ~ 0 New May 1, 1994 To ~' ® Year.2 ^ Year 3 Cannabis Eradication Program ~ November 30, 1994 ^ Other 4. APFLICANT 5. FUNDS REQUESTED: Name: Butte County Sheriff's Phone: (916} 538-7389 Office Address:33 C Fag ~~ (916 538-2099 D i C $ 15,000.00 ve r ounty enter Oroville, CA 95965 i 6. IMPLEMENTING AGENCY j Name: Butte County Sheriff's Phone: (g16> 538-7389 Fax #~ (916) 538-2099 ~ Office I Address: 33 County Center Drive j Oroville, CA 95965 7. PROGRAM DESCRIPTION ~ The Special Enforcement Unit will supplement and enhance the Butte County Marijuana ~ Suppression Unit by allowing concentrated aerial overflights throughout the marijuana j growing season on targeted geographical areas of private land holdings and BLM land In Butte County. i ; ~, i ' ~~ ~ 8. PROBLEM STATEMENT Lh~e to the lack of funding permitting aerial reconnaissance utilizing Butte County's owned and operated helicopter and the utilization of rental aircraft, approximately two -thirds of the county, consisting of private land holdings, was not re-conned for I marijuana cultivation. This had a substantial impact on the overall program with at least a 25% reduction in the amount of illegal marijuana that could have been seized. Without funding far aerial overflights, marijuana cultivation will flourish on private land holdings and BLM land in Butte County. 9. OBJECTIVES Formulation of the Special Enforcement Unit will allow for extensive and concentrated aerial reconnaissance on private land holdings and BLM land in Butte County for a period of appro~cimately 9 months. Specific objectives will be projected 25% increase in marijuana gardens spotted and eradicated. This will additionally result in a projected 20% increase in arrests and convictions as well as a 20% increase in asset seizure cases. OCJP-'''?7 t Kev. 1!1994) Office art Criminal Ju.cice Planning 31 10. ACTIVITIES The stated objectives of the Special Enforcement Unit will be accomplished by conducting routine aerial overflights of targeted geographical marijuana growing areas on private land holdings and BLM land-within Butte County. In addition, this funding will allow immediate response by aircraft to suspected marijuana growing sites as a result of tips and informant information received. The unit will coordinate overflights with the existing Marijuana Suppression Unit, which will allow for a concentrated overall marijuana suppression program for all of Butte County. This is especially important as existing information indicates that BZM will no longer offer cooperative agreements with individual counties. Butte County has, during the past two years, led the state in marijuana seizures on BIM land. The Special Enforcement Unit, during the off-season prior to and after the growing season; will conducts random overflights attempting to locate past and existing growing sites on target areas by looking for marijuana growing support equipment such as hoses, PVC pipe, fertilizer bags, pots as well as the placement of outdoor water holding tanks, barrels, and doughboy type pools. 11. NAME OF RESPONSE Signature: i Typed Name: Mick OCJP-227 (Rev. 1/941 Ottice of Criminal Justice Planning APPLICANT AGENCY: 32 Date: March 16, 1994 Title: Sheriff, Butte Coun BUDGET CATEGORY AND LINE-ITEM DETAIL A. Personal Services - SalarieslEmployee Benefits ~~ COST OVERTIME FOR APPLICANT AGENCY ONLY: Not Applicable. -0- TOTAL -0- OCJP-A303a Otfice of Criminal Ju~tic;e Planning 23 BUDGET CA`T'EGORY AND LINE-ITEM DETAIL B. Operating Expenses ~~ COST OVERTIME FOR NON-APPLICANT AGENCIES: Not Applicable. -0- AIRCRAFT RENTAL, FLIGHT TIME: Cost ranging from $125 per flight hour,for a Hughes 300C helicopter, $ 7,500.00 to $442 per flight hour, for a MD500D or Bell 206III helicopter (USFS carded). 'I~pe of aircraft utilized will be dependant upon specific mission requirement. Direct operating cost of department owned aircraft: 7,500.00 (1) Cessna T210 @ $75 per flight hour, (2) Bell 47G3B1 helicopter @ $185 per flight hour, (3) OH-6 helicopter @ $250 per flight hour. e,of aircraft utilized will be dependant upon specific mission re uzrement. MIS ELLANEOUS SUPPLIES/OTHER: Not Applicable. I -0- ® The applicant will use the state travel policy The applicant will use a travel policy other than the state's. The applicant will use the written policy of which is more 1 less restrictive than the state's. +circle onel TOTAL $15 ,000.00 U(;JY-A303b (~ttice ..f Criminal Juaice Planning 25 BUDGET CATEGORY AND LINE-ITEM DETAIL.. C. Total ~~ COST Not Applicable. -0- CATEGORY TOTAL ~_ PROJECT TOTAL $15,000.00 FUND DISTRIBUTION FEDERAL STATE CASH MATCH IN-KIND MATCH 1. Amount of Funds $15,000.00 NIA N/A N/A 2. Percentage of Funds 100% NSA N/A NJA UCJ Y-A3 U3c Office of Criminal Justice Planning 28 CERTIFICATION OF ASSITR.ANCE OF COMPLIANCE INSTRUCTIONS All applicants must submit the Certification of Assurance of Compliance with the Grant Award Agreement Forms Package. By signing the Grant Award Face Sheet and the Certification of Assurance of Compliance (OCJP 656 ), and submitting the Grant Award Forms Package to OGJP, the applicant acknowledges awareness of and the responsibility to comply with all specified state and federal requirements. 1. Equal Employment Opportunity a. General EEO Rules and Regulations 1) California Fair Emplovment and Housing Act (FEHA) and its_ Implementing Revelations. California Administrative Code. Title 2, Division 4. Fair Emplovment and Housing Commission: The FEHA declares it illegal in California to discriminate against anyone in employment because of race, religious creed, color, national origin, ancestry, physical handicap, medical condition (cancer related), marital status, sex or age (over 40 ). The objectives of the FEHA and these regulations are to promote equal employment opportunity and to assist all persons in understanding their rights, duties and obligations, so as to facilitate achievement of voluntary compliance with the law. 2) California Government Code Article 9.5. Sections 11135-11139.5 and its Implementing Regulations California Administrative Code, Title 22, Sections 98000-98413: Title VI of the Civil Rights Act of 1964: These sections mandate comprehensive state and federal civil rights regulations prohibiting discrimination or denial of benefits to persons who are under programs or activities receiving financial assistance from the State of California or the federal government. 3I Title V. Section 504 of the Rehabilitation Act of 1973 (29 USCS Section 974)' Government Code Section 4450, et. seq. These state and federal regulations mandate that qualified persons with disabilities will not be excluded from, denied benefits of, or discriminated against solely on the basis of their disabilities, under any program or activity that receives financial assistance from OCJP. Further, all facilities used by OCJP funded projects shall be made reasonably accessible to and usable by the physically handicapped. These regulations also provide that employers shall make reasonable accommodation to the physically handicapped, unless the employer can demonstrate that such accommodation would impose undue hardship. Office of Criminal Justice Planning; 7 b. Federally Funded Projects - 28 CFR, Part 42, Nondiscrimination; Equal Employment Opportunity; Policies and Procedures (U.S. Department of Justice) 1 } Requires agencies receiving federal financial assistance from OCJP to prepare an Equal Employment Opportunity Program (EEOP1 upon meeting the following criteria: Grantee has 50 or more employees; Grantee has received a total of $25,000 or more in grants or subgrants since 1968 (grants of $500,000 and more see b. ); and Grantee has a service population of 3~/~ or more minority representation (if less than 3`/~ the EEOP must be prepared to focus on women ). Effective Fiscal Year 1992-93, the criteria and requirements apply to the "implementing agency" responsible for the day-to- day operation of the project (e.g., Probation Department, District Attorney, Sheriff). Please note that upon submission of the Certification of Assurance of Compliance to OCJP, the applicant certifies that the agency has an EEOP on file or will formulate, implement and maintain an EEOP within 60 calendar days of the date the Grant Award Face Sheet (OCJP A301 } is signed by the Executive Director, OCJP. This certification further commits the agency to submit to OCJP a copy of their EEOP within 60 calendar days of the Executive Directors signature on the OCJP A301. The EEOP must be developed for the implementing agency. 2) All applicants for federal grants funds of $500,000 or more must submit a copy of the current EEOP developed for the implementing agency, or federal letter of compliance, to OCJP with the Grant Award Forms Packa.~e. No grant award agreement in this amount will be approved until OCJP receives approval of the applicant's EEOP from the Federal Government. 3) Projects who have previously received a total of X25,000 or more in grant funds, or a single award in the amount of $500,000 or more, and have an approved EEOP on file with OCJP, are required to submit an annual update of their EEOP if funds are continued. The timeframe for EEOP updates are the same as are identified in 1) and 2) above and must cover the implementing agency. The Equal Employment Opportunity Program Guidelines may be obtained by contacting the EEO Compliance Office at (916) 327-3689. Additionally, applicants are encouraged to contact their Personnel Office or Affirmative Action Office for EEO information and assistance. Ottice ~~f Griniinal Justice Planning 8 2. Drug-Free Workplace Senate Bill 1120 (Chapter 1170, Statutes of 1990), established the Drug-Free Workplace Act of 1990 ~ "the Act") which requires grantees to maintain adrug-free workplace, as does the federal Drug-Free Workplace Act of 1988. By signing the Certification of Assurance of Compliance, the applicant formally notifies OCJP, as the granting%monitoring agency, that the applicant will comply with the provisions of the Act. An example of a policy statement on the drug-free workplace is included in the Grantee Handbook, Appendix O, to serve as a guide for the development of the agency's statement. 3. Environmental Impact The California Environmental Quality Act (CEQA} {Public Resources Code, Division 13, Section 21000 et. seq.) requires that a Lead Agency (the public agency which has principal responsibility far carrying out or approving a project which may have a significant effect on the environment) prepare an environmental document on the project. For purposes of CEQA, the Lead Agency is the city or county planning department. If this requirement has previously been met, the applicant must sign and submit OCJP 656 confirming compliance. NOTE: State agencies applying for OCJP grant funds must meet all CEQA requirements outlined above. Each agency has the authority to determine which of the designated categories applies. A11 notices must be filed with the Office of Planning and Research {OPR) instead of with a local planning department, and kept on file with the project. All applicants selected for funding other than state agencies, public school districts and county offices of education should contact their city or county planning department to determine which of the designated categories listed in Section 2, Evidence of Compliance applies. A project is defined as the whole of an action which has a potential for resulting in a physical change in the environment, directly or ultimately. For the purposes of this package, a project can include, but is not limited to: An activity involving the issuance of a lease, permit, license, certificate, or other entitlement for use by one or more public agencies, such as the leasing of real property from a government agency (e.g., office buildings, warehouses, police stations or shelters ); or An activity involving the amendment of zoning ordinances, or the amendment of a local General Plan. In order for OCJP to approve the funding of projects selected for funding the applicant must complete and sign the Certificate of Assurance of Compliance (OCJP 656) and maintain evidence of CEQA compliance on file. The process for completing these requirements is as follows: Oftice nf' Criminal Justice Planning 9 a. Assurance of Compliance -Environmental Impact Statement All applicants selected for funding must submit the OCJP Certification of Assurance of Compliance (OCJP 656) signed by the person authorized by the governing board to sign the grant award. This is the same signature as appears on line 13 of the Grant Award Face Sheet. b. Evidence of Compliance Such evidence of compliance must be maintained on file as part of the project's administrative requirements and may be any one of the four designated categories described below. A sample format is included in the Grantee Handbook, Appendix U. The applicant/grantee may present this form to the Lead Agency for review. The planning department may sign this form, or may prepare a document which describes the applicant's compliance with CEQA. 1) Category 1 A statement, signed and dated by the planning department, citing the CEQA Guidelines (California Administrative Code, Title 14, Division 6, Section 15061 (bl(3}} and stating that the Lead Agency can say with certainty that there is no possibility that the activity in question may have a significant effect on the environment and that the project is not subject to CEQA. 2) Category 2 A Notice of Exemption filed with the county clerk of the county or counties in which the project will be located, if the proposed project falls under the provisions for statutory or categorical exemptions of the CEQA Guidelines, (California Administrative Code, Title 14, Division 6, Sections 15260-15329). Such filing will result in a date stamped on the notice. Normally, this notice is filed by the planning department. The applicant may file the notice instead, but must maintain a certified document issued by the planning department stating that this agency has found the project to be exempt. As evidence of CEQA compliance, a date stamped copy of that notice must be maintained by the applicant in the project files. 3) Category 3 A Negative Declaration prepared in accordance with CEQA Guidelines (California Administrative code, Title 14, Division 6, Section 15000 et. seq. ), if the proposed project is determined to have no potential to significantly effect the environment. As part of the Negative Declaration process, the planning department must give the general public and affected public agencies an opportunity to review the proposed Negative Declaration, and must consider any comment. After Ottice of Criminal Justice Plannink 10 completion of the Negative Declaration process, a Notice of Determination must be filed with the county clerk within five (5) working days after the Lead Agency approves the project. A copy of the Notice of Determination must also be filed with the Office of Planning and Research State Clearinghouse. As evidence of CEQA compliance, a date stamped copy of that notice must be maintained by the applicant in the project files. 4) Category 4 An Environmental Impact Report (EIR) prepared in accordance with the CEQA guidelines, if the proposed project may significantly impact the environment. As with the Negative Declaration, the EIR must be circulated for public and agency review. Additionally, the planning department must respond in writing to any comments made on the draft EIR, and must adopt measures to mitigate any environmental impacts that have been determined to be significant, or provide justification as to why mitigation of an impact is not feasible. At the end of that process, a Notice of Determination (NOD) must be filed with the County Clerk within five t5i working days after the Lead Agency approves the project. A copy of the NOD must also be filed with the State Clearinghouse. As evidence of CEQA compliance, a date stamped copy of that notice must be maintained by the applicant in the project files. 4. Lobbvin~ OCJP grant funds shall not be used for the purposes of lobbying (see Grantee Handbook Section 2240.2). As required by Section 1342, Title 31 of the U.S. Code, applicants selected for funding must review and certify that no federal funds will be used for lobbying. By signing the Assurance of Compliance form, the applicant formally certifies to notify OCJF, as the grantlnbjmonitoring agency, that the applicant selected for funding will comply with the provisions of the Act. 7. Debarment, Suspension and Other Responsibility Matters -For federally funded projects only Applicants selected far funding, must certify that they will adhere to Executive Order 12549, Debarment and Suspension. By signing the Assurance of Compliance form in the Grant Award Forms Package, the applicant certifies to that effect. Ottice ..t Criminal Justice Piannin~ 11 Ce, :anon ut' Assurance of Compliance OCJP-656 (Rev. 10193) CERTIE'ICATION OF ASSURANCE OF COMPLIANCE Note: There are different requirements for state and federal funds. (Those affecting only federally funded projects are identified.) I Ed McLaughlin ,hereby certify that: intticial auth~~rized ti. jinn )grant award; same person as line 13 nn Grant Award Face Sheet) GRAI~ITEE: Butte County Sheriff's Office IMPLEMENTING AGENCY: Butte County Sheriff's Office PROJECT TITLE: Butte County Special Enforcement Unit will adhere to all of the grant award agreement requirements (state and/or federal) as directed by the Office of Criminal Justice Planning including, but not limited to, the following areas: I. Equ~~l Employment Opportunity II. Drug-Free Workplace Act of 1990 III. California Environmental Quality Act {CEQA) IV. Lobb~~ing V. Debarment, Suspension, and Other Responsibility Matters VI. Other OCJP Certifications as Applicable I. E(1UAI_ EMPLOYMENT OPPORTUNITY (EEO) A. General EEO Rules and Regulations (State and Federal) The applicant selected for funding acknowledges awareness of and the responsibility to comply with the following Equal Employment Opportunity requirements by signing the Grant Award Face Sheet { OCJP A301), including this Certification of Assurance of Compliance, and submitting the application to the Office of Criminal Justice Planning {OCJP). California Fair Employment and Housing Act (FEHA) and Implementing Regulations, California Administrative Code, Title 2, Division 4, Fair Employment and Housing Commission. 2. California Government Code Article 9.5, Sections 11135-11139.5 and Implementing Regulations, California Administrative Code, Title 22, Sections 98000-98413. 3. Title VI of the Civil Rights Act of 1964. 4. Title V, Section 504 of the Rehabilitation Act of 1973 (29 USGS Section 974) and Federal Department Regulations on its implementation; Government Code Section 4450, et. seq. Oftice of Cnntinal Jusnce Plannir,~~ 12 Ce; ation of'tlssurance of Compliance OCJP-656 tRev. 1Ot93) 5. Subtitle A, Title II of the Americans with Disabilities Act (ADA), 42 USC Sections 12131-12134 and U.S. Department of Justice implementing regulations, 28 CFR, Part 35. 6. U.S. Department of Justice Regulations, 28 CFR, Part 42, Equal Employment Opportunity, Policies and Procedures -- applies to federally funded grants only. Federal and state agencies have the legal right to seek enforcement of the above items of this assurance of compliance. .All appropriate documentation must be maintained on file by the project and available for OCJF or public scrutiny upon request. Violation of these _ provisions may result in withholding of grant funds by OCJP. B. The following apply to federally funded grants only: Nate: Effective Fiscal Year 1992-93, the Federal criteria and requirements apply to the "implementing agency" responsible for the day-to-day operation of the project (e.g., Probation Department, District Attorney, Sheriff. 1. Criteria for Federal EEO Program Requirements for Grants in the Amount of $25,000-$499,999. tDoes not apply to community-based organizations ). Federal regulations require qualified recipient agencies of federal financial assistance to prepare an Equal Employment Opportunity Program (EEOP} upon meeting all of the following criteria: a. Grantee has 50 or more employees. b. Grantee has received a total of $25,000 or more in grants or subgrants since 1968. c. Grantee has a service population of 3`lo minority representation (if less than 3`;'o minority population the EEOP must be prepared to focus on women ). The EEOP must be developed for the implementing agency responsible for the day-to-day operations of the program. 2. Assurance of EEOP for Federal Grants of $25,000-$499,999 This implementing agency has formulated, or will formulate, implement and maintain an EEOP within 60 calendar days of the date the Grant Award Face Sheet (OCJP A301) is signed by the Executive Director of OCJP. I also certify that the EEOP is/will be on file in the following Affirmative Action (A.A. } Office: Ottice of Criminal Justice Planning 13 Ce, cation <,f Assurance of Compliance OCJP-656 (Rev. 10193) A.A.Officer: Title: Address: Steve Harman Personnel Director 25 County Center Drive Oroville, CA 95965 Phone (916) 538-7651 The EEOP is available for review or audit by officials of OCJP or the Federal Government, as required by relevant laws and regulations. Additionally, I agree to submit a copy of said EEOP to OCJP (Attention: EEO Compliance Officer) within 60 calendar days of the Executive Director's signature on the OCJP A301. 3. Federal Grants of $500,000 and Above All applicants for federal grant funds of $500,000 or more will submit a copy of their EEOP {developed for the implementing agency), or federal letter of compliance, to OCJP with the second stage application forms. 4. ESOP Updates for Continuing Federal Grants Projects who have previously received a total of $25,000 or more in federal grants, or a single award in the amount of $500,000 or more, and have an approved EEOP on file with OCJP, are required to submit an annual update of their ESOP if funds are continued. The timeframe for EEOP updates are the same as identified in Section I, B,2 above. II. CALIFORNIA DRUG-FREE WORKPLACE ACT OF 1990 AND FEDERAL DRUG-FREE WORKPLACE ACT OF 1988 REQUIREMENTS The above-named arganization(s l will comply with the California Drug-Free Workplace Act of 1990 of California Government Code Section 8355, et. seq., and the Federal Drug-Free Workplace Act of 1988, and implemented as 28 CFR, Part 67, Subpart F, for grantees, as defined in 28 CFR, Part 6 7 , Sections 67.615 and 67.620 by: A. Publishing a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations, as required in Government Code Section 8355{a). B. Establishing aDrug-Free Awareness Program as required by Government Code Section 8355(b), to inform employees about all of the following: 1. The dangers of drug abuse in the workplace; 2. The organization's policy of maintaining adrug-free workplace; Office of Criminal Justice Planning 14 Cet .anon of Assurance of Compliance 4CJP-656 (Rev. 10!93) 3. Any available counseling, rehabilitation and employee assistance programs; and 4. Penalties that may be imposed upon employees for drug abuse violations. C. Providing as required by Government Code Section 8355(c) that every employee who works on the proposed grant: 1. Will receive a copy of the company's drug-free policy statement; and 2. Will agree to abide by the terms of the company's statement as a condition of employment on the contract or grant. D. Notifying the employee in the statement required that, as a condition of employment under the grant, the employee will: - 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 davs after such conviction. E. Notifying the agency, in writing, within 10 calendar days after receiving notice :is required above from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position, title to: Department of Justice, Office of Justice Programs, :'~TT:~T: Control Desk, 633 Indiana Avenue, N.W., Washington, DC 20531. N~~tice shall include the identification number(s) of each affected grant. F. Taking one of the following actions, within 30 calendar days of receiving notice, «•ith respect to any employee who is so convicted: 1. Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or 2. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state, or local health, law enforcement, or other appropriate agency. G. Making a good faith effort to continue to maintain adrug-free workplace through implementation of the above requirements. III. CALIFORNIA ENVIRONMENTAL QUALITY ACT {CEQA) The above-named organization{ s)/individual(s) will comply with the California Environmental Quality Act (CEQA) requirements as stated in the Public Resources Code, Division 13, Section 21000 et. seq. and all other applicable rules and regulations. Ottice .rf' Criminal Justice Planning 15 Cen.,,.:ation of Assurance of Compliance OCJP-656 (Rev. 10193} All appropriate documentation will be maintained on file by the project and available for OCJP or public review upon request. N. LOBBYING As required by Section 1352, Title 31 of the U.S. Code, and implemented as 28 CFR, Part 69, for persons entering into a grant or cooperative agreement over $100,000, as defined at 28 CFR, Part 69, the applicant certifies that: A. No federally appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any federal grant, the entering into of any cooperative agreement, <~nd the extension, continuation, renewal, amendment, or modification of any federal grant or cooperative agreement. B. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a :Member of Congress, an officer or employee of Congress, or an employee of a 1~Iember• of Congress in connection with this federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, "Disclosure of Lobbying Activities", in accordance with its instructions. C. The undersigned shall require that the lan~Tuage of this certification be included in the :ru•,trd documents for ,ill subawards at all tiers (.including subgrants, contracts under grants :rnd cooperative agreements and subcontracts s i i :tnd th:ct .cl] subrECipients shall certify and disclose accordingly. V. DEBARMENT, SUSNENSiUN, AND UTHER RESPONSIBILITY MATTERS -- applies to federally funded ~Yrants only As required by ExecuUvt, Order 12:149, DNb:rrment and Suspension, and implemented at 28 CFR, Part 67, for prc~spECtivE particip:u-rts in primary covered transactions, as defined at 2S CFR, Fart E;7. SECtian 67.510, the applicant certifies that it and its principals: A. Are not presEntly debarred, suspended, proposed for debarment, declared ineligible, sentEncEd to a denial of federal benefits by a State or Federal Court, or voluntarily Excluded from covered transactions by any federal department or agency. B. Have not, within athree-year period preceding this application, been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local} transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement. theft. forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property. Otfice of Criminal Justice Planning, 16 Cer~,..cation of Assurance of Compliance ~CJP-6fi6 tRev. 10193) C. Are not presently indicted for, or otherwise criminally, or civilly, charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated above. D. Have nat, within athree-year period preceding this application, had one or more public transactions (federal, state, or local) terminated for cause or default. Where the applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application. Ottice ut Criminal Justice Planning 17 Cep VI. OTHER OCJP CERTIFICATIONS AS APPLICABLE: N/A .acinn of Assurance of Compliance OCJP-656 (Rev. 10/93) Failure to comply with these requirements may result in suspension of payments under the grant or termination of the grant or both and the grantee may be ineligible for award of any future grants if the Office of Criminal Justice Planning (OCJP) determines that any of the following has occurred: (1) the grantee has made false certification, or (2) violates the certification by failing to carry out the requirements as noted above. CERTIFICATION I, the official named below, am the same individual authorized to sign the Grant sward Agreement (line 13 on Grant :ward Face Sheet, and hereby swear that I am duly authorized legally to bind the contractor or grant reciUient to the above described certification. I am fully aware that this certification, executed on the date and in the county below, is made under penalty of perjury under the laws of the State of C ifornia. Official's Signature: ~ Official's Typed name: Ed McLaughlin Official's Title: Chair, Board of Supervisors, Butte Gounty Date Executed: APR 1 2 ~~9~ Federal ID tiTumber: 94-6000506 Executed in the County of: Butte Ottice ..f Cnnunal .Ju~ticr Planning 18 REPORTING ALIEN CONVICTIONS TO THE IMMIGRATION AND NATURALIZATION SERVICE (INS) This is to certify that I have read. understand, and agree to abide by California's Plan to Report Alien Convictions to INS. Specifically. I ensure that criminal justice agencies in the city/county will perform the following Functions: • natifiy INS, at the time of booking, when a suspected alien is arrested, and • notify INS within 30 days of a felony or deportable misdemeanor conviction of an alien. Noncompliance with the above mandate may result in the following: • temporary withholding of cash payments to the project pending corrections or more severe enforcement action by the Office of Criminal Justice Planning; • disallowance of use of funds for all or part of the cost of the project; • suspension or termination of the current award for the grantee`s program; • withholding further awards to California's Anti-Drug Abuse Enforcement Program; or • other legal remedies. E%C.~`.- Date: 3-30-94 Project Director: Mick Grey, Sheriff-Co er County of Butte I- s_JJECT SERVICE AREA INFORI~_ _TION 1. COUNTY OR COUNTIES SERVED: Enter the name(s) of the county or counties served by the project. Put an asterisk where the principal office of the project is located. Butte County 2. U.S. CONGRESSIONAL DISTRICTS}: Enter the number(s) of the U.S. Congressional Districtts~ which the project serves. Put an asterisk fiir the district where the principal office of the project is located. 2ND Congressional District 3. STATE ASSEMBLY DISTRICTS}: Enter the numberts~ of the State Assembly Districttsl which the pri~ject serves. Put an asterisk tier the district where the principal ~ftice of the project is located. 1ST and 3RD Assembly Districts 4. STATE SENATE DISTRICTS}: Enter the numberis)..fthe State Senate District(s) which the project serve::. Put an astersk tf~r the district where the principal office i~f the prnject is located. 4TH Senate District 5. POPULATION OF SERVICE AREA: Enter the total population of the service area served by the project. 182,431 Population Oftice .rf Criminal Justice Planning 19 PROJECT CONTACT INFORM. ON Applicant: Butte Cow~>ry Sheriff's Office Implementing Agency (if applicable): Butte County Sheriff's Office Project Title: Butte County Special Enforcement Unit Grant Number (to be added by OCJP): Provide the name, title, address and telephone number for the project contact persons named below. If a section does not apply to your project, enter 'N/A". 1. 2 3 4 7 The person having day-to-day responsibility for the project: Name: Ronald L. Chaplin Title: Sheriff's Lieutenant Address: 33 County Center Drive Oroville, CA 95965 Telephone Number: 191,6} 538-7389 Fax Number: ql6) 538-2099 The Executive Director of a nonprofit organization or the Chief Executive Officer (e. g., Chief of Police, Superintendent of 5chaols) of the implementing agency: Name: Mick Grey Title: Sheriff-Coroner, Butte County Address: 33 County Center Drive Oroville, CA 95965 Telephone Number: (gl6) 538-7401 Fax Number: (918 538-2099 The Chair of the Governing Body of the implementing agency: i Provide address and telephone number other than that of the implementing agency. } Name: Ed McLaughlin Title: Chair, Board of Supervisors, Butte County Address: 25 County Center Drive Oroville, CA 95965 Telephone Number: (916) 891-2808 Fax Number: F.316> 538-7120 The person responsible for the project from the applicant agency, if different than #1: Name: Same as above. Title: Address: Telephone Number: ( ) Fax Number: ( ) The Chair of the Governing Body of the applicant agency, if different than #3: Name: Same as above. Title: Address: Telephone Number: ( ) Fax Number: ( ) Ottiee n1 Gnminal Jusncr Plannrn~ `~l