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HomeMy WebLinkAbout95-058Resolufion Resolution Of The Governing Board Office Of Criminal Justice Planning grant entitled: Butte County Special Enforcement Unit WHEREAS, the Butte County Sheriff s Office desires to undertake a certain project designated Butte County Special Enforcement Unit to be funded, in part from fiends made available through the Cannabis Eradication Program administered by the Office of Criminal Justice Planning (hereafter referred to as OCJP). NOW, THEREFORE, BE IT RESOLVED that the Chairperson of the Butte County Board of Supervisors 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 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 adopted by the Board of Supervisor's of the Board of Supervisors of the County of Butte in a meeting thereof held on April 25, 1995, by the following vote: VOTE: Supervisors Meyer, Dolan, Houx, Thomas and Chair McLaughlin AYES: None NOES: None ABSENT: None ~~~~ Ed McLaughlin, Chair, Board of Supervisors ATTEST: c County April 25, 1995 Date ~hn(,~. Blacklock, Chief Administrative Off cex and Clerk of the Board of Supervisors ..April 25, 1995 Date ur•r~~~ ur- uxiivllir~, ~u~~.~tuL r~vNli~u• GRANT' AWARD FACE SHEET uu~r r~.su~ The Office of Criminal Justice Planning, hereafter designated OCJP, hereby makes a grant award of funds to the following Administrative Agency (1) Butte Count She ' hereafter designated Grantee, in the amount and for the purpose and duration set Earth in this grant award. (2}1mpZementingAgencyName Butte Gounty Sheriff's Office Contact L t. Je Smith Address 33 County Center Drive, f)rnvi 1 ~ P, CA 95A~,5 • Telephone ( 916 ) 538--7389 (3) Project Title (s0 claaraoters maximum) Butte Enforcement Unit (6} Award No. {4) Project Director {Name, Titte, Address, Telephone) _ (four lines maximum) Mick Grey, Sheriff-Coroner Butte County Sheriff's Office 33 County Center Drive Oroville, CA 95965 916-538-7389 (7) Grant Period June 1, 1995 - ($) Federal Amount $10, 000 (9) State Anxonnt N/A (~) Financial Officer (Name, tie, Address, Telephone) I (10) Cash Match N/A (four lines maximum} Dave Houser, Auditor/Controller 25 County Center Drive Oroville, CA 95965 916-538-7607 {11) In-Kind Match N/A (12) Total Project Cost $10,000 This grant award consists of this title page, the application far the grant which is attached- and •rnade a part hereof, and the attached Assurance of Compliance forxns. The grant recipient signifies acceptance of this grant award and agrees to administer the grant project in accordance with the statute{s), this Application for funding and the OCJP Grantee Handbook. FOR OCJP USE ONLY ltem: Chapter: PCA No.: Components No.: Project No.: Amount: Split Fund: Split Encumber: Year: Match Requirement: Fund: Program: Region: Fed. Cat. #: (13) Official Authorized to Sign for ApplicantJGrant recipient Name: Ed McLaughl • ~pR 2 ~ '~g~; Title: Chair, Board of 5 ervisors Address: 33 County Center Drive TelephanOroville, CA 95965 93.6-891-2808 Date: Aril 2 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 APP Ou'- = AS 74 ~O - ~- 5~ r Z/~j S 1~pptOVea eG Eo Fiscal and Bcd~~fary ConEro~ A~iEor's aepar~tner.E Sy ' "1 jf 2 ~9 Y 10. ACTIVITIES: The stated objE res of the Special Enforcement Uni, ill be accomplished by routine aerial overflights of targeted geographical marijuana growing areas on private land holding and BLM land within Butte County. Additionally, this funding allows for the continued immediate response by aircraft to investigate all suspected marijuana growing sites received through tips and informants. The unit will then coordinate additional overflights with the existing Marijuana Suppression Unit. Investigation of those suspected grow sites on BLM land and private land, may consist of investigators being transported via helicopter to the garden site to further investigate the marijuana site for possible suspect identif cation and arrest, to staking-out the marijuana garden for several days, which will allow for the suspects to return garden undisturbed site in order apprehend and prosecute those persons. This funding is especially important as existing information indicates that BLM will no longer offer a cooperative agreement with individual counties. Butte County has, during the past two years, led the state in marijuana seizures of BLM land. The Special Enforcement Unit, during the off-season prior to and after the growing season, will conduct random overflights attempting to locate past and existing growing sites on targeted 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 RE,S.pONSIBLrE OFF I . FOR APPLICANT AGENCY: Signature: Gf_/C1 Date: March 31 1995 Typed Name: Mick Grey Title: Sheriff-Coroner Butte Coun Telephone: 9161538-73 89 OC3P-227 {Rev. 1144} P~[]JECT `SUMMARY 4. CONTACT PERSON: 5. FUNDS Name: Butte County Sheriff s Office Phone: (916) 538-7389 REQUESTED: Address: 33 County Center Drive Fax#: (916} 538-2099 Oroville, CA 95965 $1 000.00 6. IMPLEMENTING AGENCY: Name: Butte County Sheriffs Office Phone: (916) 538-7389 Fax #: {916) 538-2099 Address: 33 County Center Drive Oroville, CA 95965 7. PROGRAM DESCRIPTION: The BCSO, Special Enforcement Unit will supplement and enhance the Butte County Marijuana Suppression Unit by allowing concentrated aerial overflights, throughout the marijuana growing season, of the unincorporated areas of Butte County. 8. PROBLEM STATEMENT: Due to the lack of funding available to the Butte County Sheriff s Office, the Butte County Sheriff's Office has obtained two surplus Army OH58A+ helicopters in an effort to further establish an aerial reconnaissance program far clandestine marijuana gardens grown in the Butte County area. The BCSO, in the past, has operated a Bell 47G3B1 helicopter. By the acquisition of these two new- helicopters with turbine reliability, it will allow the BCSO to make further overflights of the unincorporated areas of Butte County. 9. OB.TECTIVES: By obtaining funding to the Cannabis Eradication Program, the Butte County Sheriff s Office will be able to conduct extensive aerial overflights and reconnaissance of land holdings belonging to the Bureau of Land Management, and private timber land through aerial surveillance. The additional funding will allow for an approximate 20% increase in land reconned; therefore, allowing approximately 15% increase in marijuana gardens and associated arrests. It is further hoped, that with the co-mingling of clandestine marijuana gardens, as related to clandestine methamphetamine labs, that marijuana gardens eradicated will result in the arrest and prosecution; and deterrent and/or decrease the overall production of marijuana produced in Butte County. ^rrr~r ~ BUDGET CATEGORY AND LINE-ITEM DETAIL A. Personal Services - Salaries/Employee Benef #s COST OVERTIME FOR APPLICANT AGENCY ONLY: No# Applicable. .. p TOTAL _ p OCJP-A303a ~~~ BUDGET CATEGORY AND LINE-ITEM DETAIL B. Operating Expenses COST OVERTIME FOR NON-APPLICANT AGENCY ONLY: Nat Applicable. - 0 - AIRCRAFT RENTAL FLIGHT TIME: Rental cost as follows: $10,000.00 $150 per flight hour, for a Hughs 3000 helicopter $500 per flight hour, for a Turbine Helicopter (USES carded} $90 per flight hour, for a Cessna 182 airplane Type of aiurcraft utilized will be dependant upon specific mission requirement. MISCELLANEOUS SUPPLIES/OTHER: -0- Not Applicable. TOTAL ~ $10,000.00 OCJP-A3o3a ~ ~ BUDGET CATEGC,ttY AND LINE-ITEM DETAIL C. Total COST Not Applicablc. - 0 - CATEGORY TOTAL - 0 - PROJECT TOTAL $ I0,000.00 FUND DISTRIBUTION FEDERAL STATE CASH MATCH IN-KIND MATCH 1. Amount of Funds $10,000 NIA NIA NIA 2. Percentage of Funds 100% NIA N/A NIA OCJP-A303a CERTIFICATI{'-T OF ASSURANCE OF COMPLIANCE "rSTRUCTIONS 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 856), and submitting the Grant Award Farms Package to OCJP, 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 Faix Em to ent and Housin Act {FEHA) and its im Iementin Re lotions California Administrative Code. Title 2. Division 4. Faix Em to ent and Housin 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 11135-3.1139.5 and its im lementin Regulations California Administrative Code, Title 22. Section_ s 98000-9$413; Title VI of the Civil Rights Act of 1964: These sections mandate comprehensive state and federal civil rights regulations prohibiting discrimination ar denial of benefits to persons who are under programs ox activities receiving financial assistance from the State of California or the federal gavernrnent. 3) Title V, Section 504 of the Rehabilitation Act of 1973 {29 USCS Section 974); Government Cade Section 4450,. et._sea• These state and federal regulations mandate that qualified persons with disabilities will not be excluded from, denied benefits af, or discriminated against solely on the basis of their disabilities, under any program or activity that receives financial assistance from OCJP. Further, all facilities used by OCJP funded projects shall be made reasonably accessible to and usable by the physically handicapped_ These regulations also provide that employexs shall make reasonable accommodation to the physically handicapped, unless the employer can demonstrate that such accommodation would impose undue hardship. b. Federally Funded Projects ~ - 2$ 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 (EEDP) upon meeting the following criteria: Grantee has 50 or more employees; Grantee has received a total of $25,000 or more in grants or subgrants since 196$ (grants of X500,000 and moxe see b.}; and Grantee has a service population of 3% or more minority representation (if lass than 3% the. EEDP must be prepared to focus on women). Effective F 'al Year 1992-93, the criteria ~ requirements apply ~ to the 'implementi~.g age.ucy" responsible for the day-to-day operation of the project (e.g., Probation Department, District Attorney, Sheriffl. 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 far 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. Na 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 $25,000 or more in grant funds, or a single award in the amount of $500,000 or more, and have an approved EEOP on file with OCJP, are required to submit an annual update of their EEOP if funds are continued. The timeframe fnr EEOP updates are the same as are identified in 1) and 2} above and must cover the implementing agency. The Equal Employment Opportunity Program Guidelines may be obtained by contacting the EEO Compliance Office at (916} 32.7-3689. Additionally, applicants are encouraged to contact their Personnel Office or Affirmative Action Office for EEO information and assistance. 2. Drug-Free Workplace Senate Bill 1120 (Chapter 1170, Statutes of 1990), established the Drug-Free Workplace Act of 1990 ("the Act") which requires grantees to maintain adrug-free workplace, as does the federal Drug-Free Workplace Act of 198$. By signing the Certification of Assurance of Compliance, the applicant formally notifies OCJP, as the granting/monitnring 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 ser~+e as a guide for the development of the agency's statement. 3. EnvironmentaIImpact 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 for carrying out or approving a project which may have a significant e$'ect 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_reguireme_nt has previously been met, the ,applicant must sign and submit OCJP ,656 canfirmin~ compliance. - ~. ._~~. NQTE: 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. ' All notices must be filed with the Ofi`ice of Planning and Research (OPR) instead of with a local planning department, and kept on file with the project. AlI applicants selected for funding other than state agencies, public school districts and county ofnces 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 ~ issuance of a lease, permit, license, ce. cats, ar other entitlement for use by one or more public agencies, such as the leasing of real property ~irom a government agency (e.g., office buildings, warehouses, police stations or shelters); ar 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 far funding the applicant must complete and sign the Certificate of Assurance of Compliance (QCJP 656} and maintain. evidence of CEQt4 compliance on file. The process for completing these requirements is as follows: a. Assurance of Compliance -Environmental Iixxpact Statement All applicants selected for funding must submit the QC.J"P 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 an line 13 of the Grant Award Face Sheet. 3~. 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/granteemoy 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 Cade, Title 14, Division 6, Section 15081 (b}(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 an the notice. Normally, this notice is filed by the planning department. The applicant may file the notice instead, but ixxust maintain a certified document issued by the planning department stating that this agency has found the project to be exempt. As evidence of CEQf4 compliance, a date stamped copy of that notice must be maintained by the applicant in the project files. 3} Category 3 A Ne~ative__Declaration prepared in accordance with CE 1~ Guidelines {California Administrative code, Title 14, Division 6, Section 1.5000 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 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 _Environ_mental Impact Report {EIR.) prepared in accordance with the CEQA guidelines, if the proposed project nnay significantly impact the environment. As with the Negative Declaration, the E1-R. must be circulated for public and agency review. Additionally, the planning department must respond in writing to any comments made an 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 (5} 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 CEQ~ compliance, a date stamped cagy of that notice must be maintained by the applicant in the project files. 4. - Lobbying OCJP grant funds shall, not be used for the purposes of lobbying (see Grantee Handbook Section 224Q.2}, As required by Section 1342, ~4tle 31 of the U.S. Cade, 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 OCJP, as the granting/monitoringogency, that the applicant selected far funding will comply with the provisions of the Act. 5. Debarrixent, Suspension. and Other Responsibility Matters -For federally funded projects only Applicants selected for 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 Forixis Package, the applicant certifies to that effect. Certi~' `ion of Assurance of Compliance OC.7P-856 (Rev. IO/94) CERTIFICATION OF ASSURANCE OF COMPLIANCE Note: There are different requirements for state and federal funds. (Those affecting only federally funded projects ire identifaedl I, Ed McLaughlin .,hereby certify that: (official authorized to sign grant award; same person as Iine 13 on Grant Award Face Sheet) GRANTEE: __ Butte County Sheriff's Office IMPLEMENTIlVG AGENCY: Butte County Sheriff's Office PROJECT TITLE: Butte County Special Enforcement Unit will adhere to all of the giant 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. Equal Employment Opportunity II. Drug-Free Workplace Act of ],990 III. California Environmental Quality Act {CEQA) N. Lobbying V. Debarment, Suspension, and Other Responsibility Matters VI. Other OCJP Certifications as Applicable I. EQUAL EMPLOYIVIENT OPPORTLTN.[TY (EEO) A. General EEO Rules and Regulations {State and Federal} The applicant selected far funding acknowledges awazeness of and the responsibility to comply ,with the fallowing 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}. 1. California Fair Employment anal 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 1I.135-11139.5 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 ZTSCS Section 974} and Federal Department Regulations on its implementation; Government Cade Section 4450, et. seq. Certifi'~~ `ion of Assurance of Compliance aCJP-656 (Rev. 10194) 5. Subtitle A, Title IZ 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, 2$ 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 dacumen.tation must be maintained an file by the project and available for OCJP 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: Note: 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 far Federal EEO Program Requirements for Grants in the Amount of $25,000-$499,999. {Does 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 fallowing criteria: a. Grantee has 50 or more employees. b. Grantee has received a total of $25,000 or mare in grants or subgrants since 1968. c. Grantee has a service population of 3% minority representation (if less than 3% minority population the EEOP must be prepared to focus an women}. The EEOP must be developed for the implementina a~encv responsible for the day-to-day operations of the program. - 2. Assurance of EEOP £or 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: Certif'"}.ion of Assurance of Compliance OCJP-656 (Rev. X0/94) A.A.Officer: CherY1 Meyer ~ . _ Title: Personnel Director Address: 25 County Center Drive Oroville, CA 95965 Phone (91.60 538-7651 The EEOP is available for review ar audit by officials of OCJP or the Federal Government, as requixed by relevant laws and regulations. Additionally, l agree to submit a copy of said ESOP to OCJP (Attention: EEO Compliance Officer) within 6D calendar days of the Executive Director's signature on the OCJP A341. 3. Federal Grants of $SDO,ODD and Above All applicants for federal grant funds of $50D,DDD or mare 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. ~. EEOP Updates for Continuing Federal Grants Projects who have previously received a total of $25,OOD or more in federal grants, ar a single award in the amount of $5DD,400 or more, and have an. approved EEOP an 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 identif ed in Section I, B,2 above. C. The fallowing apply to all OCJP grantees: 1. in addition to this Certification, all OCJP grantees must have a current EEO Policy Statement, established by their agency, pasted in a prominent place accessible to employees and applicants; and 2. The poster entitled "Harassment or Discrimination in Employment is Prohibited by Law" also must be posted in a conspicuous location accessible to employees and applicants. This poster may be obtained from the local Department of Fair Employment and Housing. II. CALLFORNIA DRUG-FREE 'WORKPLACE ACT OF 1990 AND FEDERAL DRUG-FREE WORKPLACE ACT OF 1988 REQUIREMENTS The above-named arganization(s}will comply with the California Drug Free Workplace Act of 199D of California Government Code Section 8355, et. seq., and the Federal Drug-Free Workplace Act of 19$8, and implemented as 2S CFR, Part 67, Subpart F, for grantees, as defined in 28 CFR, Part 67, Sections 67.615 and 67.624 by: CertifT3tion of Assurance of Compliance OG}'P-656 (Rev, 10/9} 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 a Drug Free Awareness Program as required by Government Code Section 8355(b}, to inform employees about all of the followiza,g: 1. The dangers of drug abuse in the workplace; ~. The organization's policy of maintaining adrug-free workplace; 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 cantxact ar grant. D. Notifying the employee in the statement required that, as a condition of em.playment 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 Inter than five calendar days after such conviction. E. Notifying the agency, in writing, within YO calendar days after receiving notice as 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, Offace of Justice Programs, ATTN: Control Desk, 633 Uadiana Avenue, N.W., Washington, DC 2053].. Notice shall include the identification numbers} of each affected grant. F. Taking one of the following actions, within 30 calendar days of receiving notice, with respect to any employee who is so convicted: 1. Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; ar 2. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a fedexal, state, or Iocal health, Iaw enforcement, ar other appropriate agency. Certif cation of Assurance of Compliance OGIP-65fi (Rev. 10194) G. Making a good faith effort to continue to maintain a dnzg-free workplace through implementation of the above requirements. III. CALLFORNIA ENVIRONMENTAL QUALITY ACT {CEQA) The above-named organizatian(s}/individual(s) will comply with the California Environmental Quality Act (CEQA) requirements as stated in the Public Resources Cade, Division 1$, Section 2100a et. seq. and all other applicable rules and rege~Iations. All appropriate documentation will be maintained on file by the pra~ect and available fox OCJP ar 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 $lOQ,000, as defined at 28 CFR; Part G9, 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 ar 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, and the extension, continuation, renewal, amendment, ox m.odificatian of any federal grant or cooperative agreement. B. If any funds Other than federal appropriated fux}.ds 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 Member 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 language of this certification be included in the award documents for all subawards at all tiers [including subgrants, contracts under grants and cooperative agreements and subcantract(s)~ and that all subrecipients shall certify and disclose accordingly. V. DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS -- applies to federally funded grants only As required by Executive Order 1259, Debarment and Suspension, and implemented at 28 GFR, Part $7, for prospective participants in primary covered transactions, as defined at 28 CFR, Part 67, Section fi7.519, the applicant certifies that it and its principals: Certi~' ~ Lion of Assurance of Compliance OCJP-658 (Rev. 10/94} 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. C. Are not presently indicted for, ar otherwise criminally, or civilly, charged by a governmental en#aty {federal, state, or local) with commission of any of the offenses enumerated above. D. Have not, within athree-year period preceding this application, had one or more public transactions {federal, state, or local) terminated far 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. Certif ~ntion of Assurance of Compliance OCJP-B56 {Rev. IO/94) VI. OTHER OCJP CERTIFICATYONS AS APPLICABLE: 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 Award Agreement [line 13 on Grant Award Face Sheet], and hereby swear that I am duly authorized legally to bind the contractor or grant recipient to the above described certification. I am fully aware that this certification, executed on the date and iaa~ the county below, is made under penalty of perjury under the laws of the State of California. Official's Signature: Official's Typed Name: ~d McLaughlin Official's Title: Chair, Board of Supervisors Date Executed: April 25, 1995 Federal ID Number: 94-b0~05~6 Executed in the County of: Butte CERTIFICATION FOR .SPORTING ALIEN GONVICTIG_ .3 TO THE llVIl1IIGR.ATION AND NATLTRA~.T7ATION 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: • notify INS, at the tune of bool~ng, 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 • move 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 fizrther awards to California's Anti-Drug Abuse Enforcement Program; or • other legal remedies. ~~ c Date: Apri_I. 11, ].995 _ Proj ect Director: Mick Grey, Sheriff, Count of Butte F='OJECT CONTACT INFORMATT V Applicant• Butte Count Sheriff's••Office ,_, Implementing Agency {if applicable}:. matte 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': I. The person having day-to-day responsibility for the project: Name: Jerry W. Smith Title: Sheriff's Lieutenant Address: 33 County Center Drive Oroville, CA 95965 Telephone Number: (91$ 538-7389 Fax Number: 616)538-2099 2. • The Executive Director of a nonprofit organization or the Chief Executive Officer {e.g., Chief of Police, Superintendent of Schools} of the implementing agency: Name: Mick Grey Title: Sheriff Address33 County Center Drive Oroville, CA 95965 Telephone Number: 616} 538~•7~34 Fax Number: {gl~ 538_2pgg 3. The Chair of the Governing Body of the implementing agency: (Provide address and telephone number other than that of the implementing agency.} Na~.e: Fd McLaughlin Title: Chair, Board of Supervisors Address: 25 County Centex Drive • Oroville, CA 95965 Telephone Number: (g~.~ 538-7631 Fax Number: {gl~ 5~g_7120 4. The person responsible far completing fiscal reports (i.e., Request for Reimbursements • and Monthly Accounting forms}: Name: Carol Barker Title: Accounting Specialist Address: 2S County Center Drive Oroville, CA 95965 Telephone Number: {91~ 538-7872 Fax Number: ~6) 538--7693 5. The Chair of the Governing Body of the applicant agency, if different than #3: Name: Same as ~~3 Title: Address: PRr SECT SERVICE AREA INFORMI "'CON I. 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 DISTRICTlS~: Enter the number(s) of the U.S. Congressional District(s) which the project serves. Put an asterisk for the district where the principal office of the project is located. Znd Congressional District 3. STATE ASSEMBLY DISTRICTS}: Enter the number(s) of the State Assembly Districts} which th,e project serves. Put an asterisk for the district where the principal office of the project is located. lst and 3rd Assembly Distracts 4. STATE SENATE DISTR,ICT(S): Enter the numbers} of the State Senate District(s) which the project serves. Put an asterisk for the district where the principal office of the project is Iocated. 4th Senate District 5. POPULATION OF SERVICE AREA: Enter the total population of the service' area served by the project. 1$2,431 population