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HomeMy WebLinkAboutMINUTES - 02231999 - C108 TO: BOAR[ OF SUPERVISORS C' 10S FROM: Warren E. Rupf,Sheriff-Coroner Contra Costa CRATE: January 26, 1999 County SI:ABJECTr Memorandum of Agreement with San Mateo County Sheriff SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION: APPROVE and AUTHORIZE the Sheriff or his designee to enter into a Memorandum of Agreement with the San Mateo County Sheriff to participate in the High Intensity Drug Trafficking A (HIDTA) program in Calendar Year 1999 and to ACCEPT funding of up to $111,000 approved by the Office of National Drug Control Policy for this regional effort. FISCAL IMPACT: This Agreement provides reimbursement for a portion of the cost of a Deputy Sheriff assigned to the regional task force to control drug trafficking. BACKGROUND: The Office of the Sheriff has been participating in HIDTA'S regional efforts to curb drug trafficking in the East Bay Region for a number of years. Federal funding toward this effort is available, and the San Mateo County Sheriffs Office serves as the administrative and fiscal agent for that funding. This Memorandum of Agreement establishes the annual objectives of the East Bay Heroin & Methamphetamine Task Force and confirms the budget previously approved by the Office of National Drug Control Policy. f CONTINUED ON ATTACHMENT: No SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON _ D X, —_ APPROVED AS RECOMMENDED -&T' R^° VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS (ABSENT , f'' ) AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. Contact Person: Kathleen Martin 5-1528 CC: County Administrator ATTESTED. - Auditor-Controller PHIL BATCHELOR,CLERK OVTHE BOARD~ OF Sheriff SUPERVISORS AND COUNTY ADMINISTRATOR BY -: �:"�¢ t �...__ DEPUTY r Y 2-23-99 NORTHERN CALIFORNIA HIGH INTENSITY DRUG TRAFFICKING AREA (HIDTA) MEMORANDUM OF UNDERSTANDING The Office of National Drug Control Policy (ONDCP) has awarded HIDTA funding to federal, state and local law enforcement agencies in the region comprised of the California counties of San Francisco, San Mateo, Santa Clara, Monterey, Santa Cruz, Alameda, Contra Costa, Marin, Lake and Sonoma for the purpose of combating the manufacture and importation of methamphetamine and black tar heroin. The San Mateo County She-riff- ' s Office has been designated as the fiscal agency for award proceeds to be distributed to state and local agencies participating the in the northern California HIDTA. These funds shall be used for purposes designated in the associated initiative (Appendix A) and associated budget (Appendix E) , as approved by ONDCP. SCOPE OF SERVICE The services carried out under this Memorandum of Understanding shah be consistent with those contained in the initiative proposal and budget as approved for funding by ONDCP. Changes shall not be made in the sub-'ect or the proposed objectives of lnitiative activi ties wit-out prior written approval from the Northern Californ .a HIDTA Executive Co nrrtittee and the Northern. California HIDTA Executive Director. REPROGRAMMING OF FUNDS Reprogramming of funds within the HIDTA grant requires different levels of approval based upon the amount to be reprogrammed and whether the reprogramming is inter-agency or inter-initiative. In all cases, the recipient agency is responsible for forwarding a request for authorization for reprogramming to the HIDTA Administration Accountant to be forwarded to the Northern Californ..a HIDTA Executive Director and Executive Committee. The recipient agency is also responsible for maintaining detailed records of reprogramming actives . 1 C.108 2-23-99 REPORTING REQUIREMENTS Ali participants are required by ONDCP to prepare a final report of initiative expenditures that shall be submitted to the HIDTA Administration within 30 days of tie close of the program fiscal year. The financial report will be a form approved by the HIDTA Administration and shall contain a listing of expenditures/costs by cost category from the approved initiative budget (Appendix B) . The report shall also contain a comparison of actual costs/expenditures against budget estimates . Failure to submit reports on a timely basis may result in the interruption or termination of the initiative funding for your agency. Detailed information of the financial reporting requirements are found in the Northern California HIDTA Policy and Procedures and the Northern. California HIDTA training manuals . PROGRAM STANDARDS Each agency agrees to abide by the standards and rules defined in the HIDTA Policy and Procedures manual regarding financial management standards, reporting, records retention, equipment/vehicles, procurement and supplanting. ASSURANCE Each agency agrees to abide by the terms and conditions set out in OMB Form 4248, Assurances -Non-Construction Programs (Appendix C) and ONDCP Certifications regarding Lobbying, Debarment, Suspension and other Responsibility Matters Drug Fee Work Place Requirements Federal Debt Status and Non discrimination Statures and Implementing Regulations (Appendix. D) . Each agency will also submit a signed OMB form, Disclosure of Lobbying Activities (Appendix. E) Confidential Funds Certification (Appendix F) and will abide by all applicable special conditions included as a Part of the award agreement (Appendix A pages 4 through 6) . INVOICING Each agency shall invoice once per month, on or about the tenth of the month, for expenditures incurred during the prior month. Invoices shall be of a form approved by Northern California HIDTA Administration and shall contain a i.isting of expenditures by category. Each agency shall 2 C.108 2-23-49 retain the original supporting documentation and, provide a copy of such to the Northern California HWDTA Administration with the monthly report . INVENTORY Equipment purchased shall be identified by cost, type and serial number and reported to the Northern California HIDTA Administration. The Northern California HIDTA Administration shall maintain an inventory of all equipment purchased and provide it to San Mateo County Sheriff ' s C7ffice when applicable. Each agency shall retain supporting documentation and affix property labels as provided by Northern California HIDTA Administration. ACCEPTANCE Acceptance of this MOU by participating agencies is acceptance of all standards and conditions of the HIDTA Award, included as Appendix A, D, C, D, E, and F. Participating Agency: Fiscal Agent: San Mateo County Sheriff' s office Date Don Horsley, She a/ff Date Northern California HIDTA: t Steve Wood, Director D to 3 APPENDIX A C.108 2-2?-99 HIDTA. INITIATIVE PROPOSAL AND REQUEST FOR CONTINUED FUNDING FOR FISCAL YEAR 1998-1999 1. Initiative Titled East Bay Heroin., and Methamphetamine Manufacturing and Trafficking Organizations Task Force. 2> System Description: The East Bay HIDTA Task Force is a HIDTA governed, locally managed, regionally collocated, Federal, State, and Local Law Enforcement Task Force, conducting both single and multi-agencies investigations targeting mid and major Heroin, and Methamphetamine manufacturing and trafficking organizations throughout Contra Costa county which influence local and out of the region criminal activity. A. Mission Statement: To identify, investigate, and prosecute the Heroin, and Methamphetamine manufacturing and distribution organizations operating throughout this region which significantly influence violent crimes, with an emphasis on burgeoning Mexican National Criminal organizations. The disruption and dismantling of these organizations will be accomplished by: 1, Developing a system of intelligence collection, analysis, and real-time dissemination to law enforcement and prosecutorial agencies, thereby providing deconfliction oversight, enhancing officer safety, reducing redundancy, and improving operational effectiveness. Accordingly, the complete integration and interaction with all other facets of the overall San Francisco Bay Area HIDTA Project will accomplish this. 2. Developing a direct interface between prison gang specialists and street gang specialists, who will interact with investigative efforts focusing on the most significant target organizations. 3. Developing direct interaction with the Immigration and Naturalization Service (INS) authorities to enhance the effective use of immigration laws on illegal aliens involved in the target organizations. 4. utilizing existing organizational structures for infrastructure support (e.g., co- locating HIDTA project operations with existing local, state, and federal regional narcotic task forces—using these task forces' communication nets, clerical support, task force commanders for field supervision, facilities including office space, telephones, desks, and on-hand equipment such as undercover transmitters, C.108 2-23-99 radio hardware, and radio-relay stations). 5. Investigating all facets of these criminal organizations' enterprises including the rogue chemical companies providing the necessary chemicals, the tracking of the illegal profits/proceeds from heroin and methamphetamine sales, and arresting and prosecuting violators for applicable state and federal statutes. Be Number of people by agency who are collocated: One State Bureau of Narcotic Enforcement (BNE) agent (Special Agent Supervisor), one task force clerical; two Richmond Police Department officers; one El Cerrito Police Department officer, two Contra Costa County Sheriff's Deputies; one San Pablo Police Department officer; one Federal Bureau of Investigation(FBI) agent; one Contra Costa County Probation Officer; one State Parole agent . Total personnel: eleven. 3> Expected and Actual Output from FY'98; Expected Outputs for FY'99: A. Expected output for FY' 98 1. Dismantle four methamphetamine manufacturing and distribution organizations; 2. Dismantle three tar heroin distribution organizations; 3. Conduct sixty investigations involving the manufacturing and distribution of methamphetamine, and heroin; 4. Indict and prosecute forty major distributors (as defined by California Department of Justice, Bureau of Narcotic Enforcement [BNE] Violator Classification System.) of methamphetamine and heroin. B. Actual output experienced in FY' 98 2. Dismantled seven methamphetamine manufacturing and distribution organizations; 3. Dismantled four tar heroin distribution organizations; 4. Conducted eighty-nine investigations involving the manufacturing and distribution of methamphetamine, and heroin; 5. Indicted and prosecuted forty-eight major distributors (as defined by California Department of Justice, Bureau of Narcotic Enforcement [BNE] Violator Classification System) of methamphetamine and heroin. L.i 08 2-23-74 Ca Expeeted output for FY' 99 1. Dismantle eight methamphetamine manufacturing and distribution organizations; 2. Dismantle four tar heroin distribution organizations; 3. Conduct one hundred investigations involving the manufacturing and distribution of methamphetamine, and heroin; 4. Indict and prosecute sixty major distributors (as defined by California Department of Justice, Bureau of Narcotic Enforcement [BNE; Violator Classification System) of methamphetamine and heroin. In support of goals (output) 1 through 4 the task force will. 1) Seize and process ten major production clandestine methamphetamine laboratories as defined by BNE. 2) Seize and process twenty standard production clandestine methamphetamine laboratories. 3) Arrest seventy persons for manufacturing and distribution of methamphetamine. 4) Arrest thirty persons for tar heroin distribution. 5) Conduct one hundred undercover operations. 6) Serve two hundred search warrants. 7) Seize fifty pounds of finished methamphetamine or methamphetamine in solution. S) Seize one-hundred-thousand dollars of pre-cursor and essential chemicals, and laboratory apparatus and glassware used in the manufacturing process of methamphetamine. 9) Develop forty confidential informants to provide information regarding methamphetamine and heroin distribution organizations. 10) Identify five distinct organizations responsible for distributing tar heroin. 11) Identify ten distinct organizations responsible for manufacturing and distributing methamphetamine. 12) Submit two hundred Subject Cards to the Western States Information Network (WSIN) identifying members of Hispanic heroin, and methamphetamine distribution organizations. 13) Conduct three hundred inquiries of WSIN regarding persons, locations, or conveyances used by these criminal organizations. 14) Deceive over three hundred hours of training regarding investigations and prosecutions of Hispanic organizations responsible for heroin and methamphetamine manufacturing and distributing. 15) Seize, from these criminal organizations, over seventy thousand dollars worth of ill-gotten assets. 16) Distribute the forfeited assets seized from these organizations per HIDTA policy. 17) Maintain a ninety percent (90%) conviction rate on all arrestees. 18) Coordinate all operations and share all intelligence with the San Francisco HIDTA Intelligence Node and cooperate and interact with all other facets of the San Francisco HIDTA. 4) Summary of FY' 98 Activities Outside the HIDTA Provided intelligence information and investigative support to the Northern California Clandestine Laboratory HIDTA that resulted in the dismantling of a major methamphetamine manufacturing and distribution organization operating throughout California and responsible for producing and distributing in excess of one hundred pounds of methamphetamine throughout the Bay Area. Arrests included the two known leaders of the organization, as well as four of their lieutenants. 5) Assessment of the Bast Bay HIDTA Project during FY' 1997/1998. Overall the East Bay HIDTA Project has exceeded all of its production goals. Moreover, it has been responsible for stream lining interagency cooperation and interaction, coordinating and de-conflicting field operations, as well as stimulating the sharing of narcotic intelligence. C.108 2-23-99 C.108 2-2?-99 4. Budget for the Initiative. $206,195.00 S/L Award Recipients (see attached budget for details) APPENDIX B C.W8 2-23-99 o c a o a o 0 o a o a c7 t� q q q o c r q o ea ��. 0 0 0 a 0 a 0 0 0 s� z r r LU IL x E LL 0 w � � cis � o 0 0 C � Z <0 CY) co � 0 0 co w ax o CL z LO x n m � 611,61) LLIc W 0 E— z LU C) w � � � � � C� to GSP C3 0 Cc 14 LU W 6s 6s 69t 6q 65, 6�4 669 sS co � � 60 � 0), 69- to Qj- =0 LL u9 � w 0 m ; 0 0 w M m CO LO 4q f7 LL c C� P w E 2 2 <n CC0 F u. ch w vs 0 ;� C.1 08 2-23-99 Executive Office of the President ! AWARD Office of National Drug Control Policy Cooperative Agreement Page of 1. Recipient Name and Address 4. Award Number 19PSFP503 San Mateo County Sheriff 401 Marshall Center,3rd Fluor 5. Project Period: 1/1/99 To 12/31/99 Budget Period: 1/1/99 To 12/31/99 Redwood, California 94063 A. Recipient 1RSNendor No. s 6. Date: 12/18/98 7. Action 3 2. Subrecipient Name and Address 8. Supplement Number -q initial I 0 Supplemental 2A. Subrecipient 1RSNendor No. 9. Previous Award Amount 3. Project Title 10.Amount of This Award S! 10,365.00 Bast Bay Heroin& Methamphetamine Task Force(Contra) o , 11.Total Award $110,365.00 - 12. Decca on :tions 7e—ck, a app icao e The above Cooperative Agreement is approved subject to such conditions or limitations as are set forth on the attached-1 page(s). 13. Statutory Authority for Grant: Public Law 105-61 14. Typed Name ana I ifle ot Approving . 1 yped Same anZI I itle of XutlionzeU ectpient Official Official Dennis Greenhouse Sheriff Don Horsley Office of National Drug Control Policy San Mateo County Sheriff' s 16. Signature of Approving ONDCP Official 17. Signature of Authorized recipient 17A. Date , Agency Use Only E 1&. Accounting Classification Code i 19. HIDTA AWARD C.108 2-2399 Office of National Drug Control Policy Attachment to Award# i 19PSFP503 Page� 0 6y Award Recipient: ; San Mateo County Sheriff HIDT A an Francisco ! lnitiative: ast ay Broin Methamphetamine Task P orce (Contra) Project Contact: € teve Wood Award Amount: 1 $110,365.067 Award eriod: 1/1/99 L13/3 1/9 ONDCP Contact: All financial reports, requests for payment, audit reports, and other materials and inquiries should be submitted to: The Assistance Center 8401 Northwest 53rd Terrace Suite 200 Miami, Florida 33166. (305) 716-3270 A. Conditions 1. The award is based on the detail budget attached to the application submitted for this initiative. This is your approved budget for the initiative and any deviation must comply with the reprogramming requirements as set forth in the ONDCP Guidelines. B. General Provisions 1. This award is subject to: a. the Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments, also known as the "Common Rule", b. the Certifications Regarding Lobbying, Debarment, Suspension and Other Responsibility Matters; Drug-Free Workplace Requirements, Federal Debt Status, and Nondiscrimination Statutes And Implementing Regulations. C.(Q£ 2-2399 Office of National Drug Control Policy Attachment to Award# 19PSFP503 age o c. the audit requirements of OMB Circular A-133, d. the cost principles contained in OMB Circular A-87, and e. the administrative guidelines contained in ONCDP's Financial and Administrative Guidelines. 2. Payment Basis OMB Standard Form 270 - Request for Advance or Reimbursement" shall be used to request payment. Copies of invoices, payroll registers, and canceled checks must accompany the SF 270 to provide documentation for the reimbursement request. Request for advances will be accompanied by detail specifying the obligation. Documentation of how the advance was spent must be submitted before another advance or reimbursement can be requested. Funding for this award is authorized to be paid on a monthly basis, Payments will be made via Electronic Fund Transfer to the award recipient's bank account. Recipients are therefore requested to provide the following information in Block 10 of the SF 270. bank name, bank address, bank telephone number, point of contact at the bank, American Bankers Association(ABA) number, and account number. This will provide the bankinginformation needed to make payments to the proper bank account. The bank must be FDIC insured. It is desirable that the bank be a member of the Federal Reserve System. The account must be interest bearing. (All payments greater than $25,400 must be -made by EFT. Recipients must request a waiver from this provision for payments less than $25,040). 3. Reporting Requirements Financial Status Reports (OMB Standard Form 269) will be required quarterly during the award period, and at the end of the award. Performance reports will be required as specified in the Program Guidance. Vote that the final financial reports should be cumulative for the entire award period. Performance Reports; Due as specified in the Program. Guidance. C.1 Q8 2-23-99 Office of National Drug Control Policy Attachment to Award 19PSFP503 � age of Special Conditions HIDTA Cooperative Agreements The following special conditions are incorporated into each award document. 1. In order to provide for compatibility, integration, coordination, and cast effectiveness in the use, procurement, and operation of ADP systems, equipment, and software, recipients are encouraged and authorized to enter into joint purchase or service agreements on a reimbursable or nonreimbursable bases with other HIDTA award recipients. Award recipients are authorized and encouraged to enter into joint purchases or service agreements with other H1DTA award recipients. 2. No federal Rands shall be used to supplant state or local funds that would otherwise be arcade available for project purposes. ?. The operating principles found in 28 CFR Part 23, which pertain to information collection and management or criminal intelligence systems, shall apply to any such systems supported by this award. 4. Prior to expenditure of confidential funds, the award recipient or subrecipient shall sign a certification indicating that he or she has read,understands, and agrees to abide by all of the conditions pertaining to confidential fund expenditures as set forth in Attachment B to the ONDCP Financial and Administrative Guide for Cooperative Agreements. This certification should be submitted to the Assistance Center. 1. The award recipient agrees to account for and use program income, including but not limited to asset forfeitures, in accordance with the `Common Rule" and the CNDCP Financial and Administrative Guide for Cooperative Agreements. Moreover, the use of program income must be consistent with the National Drug Control Strategy. o. Where furniture has been approved in the budget, the recipient will make every effort to utilized existing State and local surplus property prior to the purchase of any furniture, including computer furniture or items of similar nature. T The award recipient may not use designated aircraft assigned to HIDTA-approved task operations and initiatives for the transport of VIP Executive(s) or similar circumstances not relating to the goals and objectives of state and local law enforcement programs. 8. The budget submitted with the proposal is approved. Funds up to 10% of the total award, may be reprogrammed between budget categories without prior approval provided that the reprogramming is within the same agency and the same initiative. This 10% is applied to a singular reprogramming or the aggregate of reprogramming per handing year. .lob 2-23-99 Office of National Drug Control Policy Attachment to Award 4 1 19PSFP503 age 55 of 6 Any reprogramming of funds in excess of 10% of the award, or when aggregate reprograr ming will exceed 10% of award, requires the written approval of your HIDTA director. The reprogramming must be within the same agency and the same initiative. Reprogramming of funds between agencies or initiatives require the written approval of the ONDCP HIDTA Office, regardless of the dollar value of the reprogramming. In all cages the recipient is responsible for maintaining detailed records of the reprogramming activities and forwarding notification to your HIDTA Director regarding reprogramming activities as they occur. 9. The recipient agrees to comply with the organizational audit requirements of OMB Circular A-133, "Audits of State and Local Governments." The management letter must be submitted with the audit report. Audits must be submitted no later than thirteen(13) months after the close of the recipient organization's audited fiscal year. The submission of the audit report shall be as follows: An original and one copy shall be sent to the cognizant Federal Agency. Also, a copy of the audit report shall be sent to The Assistance Center, 8401 Northwest 53rd Terrace, Suite 200, Miami, Florida 33166. 10. The recipient agrees to submit operation reports as defined in the Current Year Program Guidance. 1'_. Equipment acquired under the grant program must be used by the recipient in the program;or project for which it was acquired as long as needed, whether or not the project or program continues to be supported by Federal funds. When no longer needed for the original program, the equipment may be used in other activities supported by the Federal agency, The recipient may dispose of the original equipment when no longer needed or supported by the grantor agency. Inventory lists must be supplied to the HIDTA Director to facilitate the sharing of equipment within and between the HIDTA's. Items to be inventoried include Communications, Computer& Related Equipment, Surveillance Equipment, Photo, Vehicles, Video, and Weapons. 2. The recipient will be permitted to designate funds that would be matched or shared, however, these snatched or shared funds will not constitute an obligation on behalf of the recipient. C.108 2-23-99 Office of National Drug Control Policy Attachment to Award I9PSFP503 age76-TT 13. Budget item submissions for equipment and other contract items are accepted as best estimate only and are not deemed approved at that price. Recipients are rewired to assure such items are not currently available, are not duplicative or excessive, and should make market surveys and obtain the best prices available. 14. The recipient acknowledges that failure to submit an acceptable Equal Employment Opportunity flan (if recipient is required to submit one pursuant to 28 CFR,.section 42.302), that is approved by the Office of Civil Rights, is a violation of its Certified Assurances and may result in the suspension of the drawdown of funds. 15. The recipient agrees to complete and keep on file, as appropriate, Immigration and Naturalization Service Employment Eligibility Verification.Form(I-9). This form is to be used by recipients of federal funds to verify that person are eligible to work in the United Mates. RECIPIENT ACCEPTANCE OF SPECIAL CONDITIONS Typed Name Title (Signature) Date C.108 2-23-99 Consolidate Report Cash FY 1999 (Final) Northern California East Bay Heroin/Methamphetamine TF (Contra) San Mateo County Sheriffs Office 19PSFP'503 A. Personnel Name Annual Time Total Deputy Sheriff $53,360 1.00 $53,360 Sum by Object $53,360 R. Benefits. ?Fame Annual Time Total Deputy Sheriff $30,935 1.00 $30,935 Sum by Object $30,935 C. Overtime. Position Hours Rate Total Contra Costa Co. S.D.- 1 Deputy 195 $45 $8,782 Sum by Object $8,782 F. Services. Dame Months Rate Total Vehicle Lease 12 $450 $5,400 Sum by Object $5,400 G equipment. Description Quantity Unit Price Total Cameras 35mm 4 $52 $208 Disguised Body Transmitter 1 $2,200 $2,200 Friday,December 11, 1998 Page 917 of 1989 C.108 2-23-99 Consolidate Report Cash FY 1999 (Final) Northern California East Bay Heroinf`.' ethamphetamine TF (Contra) Saar Mateo County Sheriff s Office 19PSFP5f)3 Portable Radios 3 $1,800 $5,400 Sum by Object $7,808 H. Supplies. Name Months Rate Total Vetilde-Mair12 $340 $4,080 Sum by Object $4,080 Sum by Agency $110,365 Friday,December 11, 1998 Page 918 of 1989 APPENDIX C C.1,08 2-23-99 ASSURANCES-NON-CONTRUCTION PROGRAMS Public reporting burden for this collection of information is estimated to average 15 minutes per response,including time for reviewing instructions,searching existing data sources,gathering and maintaining the data needed,and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden,to the Office of Management and budget,Paperwork Reduction Project(0348-0040), Washington,DC 20503. PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET, t SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. i a NOTE,: Certain of these assurances may not be applicable to your project or program, if you have questions,please contact the awarding agency. Further,certain Federal-awarding agencies may require applicants to certify to additional assurances. If such is the case,you will be notified. As the duly authorized representative of the applicant I certify that the applicant: I. Has the legal authority to apply for Federal assistance Office and Treatment Act o€1972(P.L.92-255),as and the institutional,managerial and financial amended,relating to nondiscrimination on the basis of capability(including funds sufficient to pay the non- drug abuse;(f)the Comprehensive Alcohol Abuse and federal share of project cost)to ensure proper Alcoholism Prevention,Treatment and Rehabilitation planning,management and completion of the project Act of 1970(P.L.91-616),as amended,relating to describe in this application. nondiscrimination on the basis of alcohol abuse or 2. Will give the awarding agency,the Comptroller alcoholism;(g)523 and 527 of the Public Health General of United States,and if appropriate,the State, Service Act of 1912(42 U.S.C.290 dd-3 and 290 ee- through any authorized representative,access to and 3),as amended,relating to confidentiality of alcohol the right to examine all record,books,paper,or and drug abuse patient records;(h)Title VIII of the documents related to the award;and will establish a Civil Rights Act of 1968(42 U S C.3601 et seq),as proper accounting system in accordance with amended,relating to nondiscrimination in the sale, generally accepted accounting standards or agency rental or financing of housing;(I)any other directives. nondiscrimination provisions in the specific statute(s) 3. Will establish safeguards to prohibit employees from under which application for Federal assistance is using their positions for a purpose that constitutes or being made;and 0)the requirements of any other presents the appearance of personal or organizational nondiscrimination statute(s)which may apply to the conflict of interest,or personal gain. application. 4. Will initiate and complete the work within the 7. Will comply,or has already complied,with the applicable time frame after receipt of approval of the requirements of Titles II and III of the Uniform awarding agency. Relocations Assistance and Real Property Acquisition 5. Will comply with the Intergovernmental Personnel Policies Act of 1970(P.L.91-646)which provide for Act of 1970(42 U.U.C.4728-4763)relating to fair and equitable treatment of persons displaced or prescribed standards for merit systems for programs whose property is acquired as a result of Federal or funded under one of the nineteen statutes or federally assistance programs.These requirements regulations specified in Appendix A of OPM's apply to all interest in real property acquired for Standards for a Merit System of Personnel project purposes regardless of Federal participation in Administration(5 C. F.R.900,Subpart F). purchases. 6. Will comply with all Federal statutes relating to 8. Will comply,as applicable,with provisions of the nondiscrimination.These include but are not limited Hatch Act(5 U. S.C. 1501-1508 and 7324-7328) to:(a)Title VI of the Civil Rights Act of 1964(P.L. which limit the political activities are funded in whole 88-352)which prohibits discrimination on the basis of or in part with Federal Funds. race,color or national origin;(b)Title IX of the Education Amendments of 1972, as amended(20 U. S.C. 1681- 1683,and 1685-1686),which prohibits discrimination on the basis of sex;(c)Section 504 of the Rehabilitation Act of 1973,as amended(29 U. S. C.794),which prohibits discrimination on the basis of handicaps;(d)the Age Discrimination Act of 1975,as amended(42 U.S.C.6101-6107),which prohibits discrimination on the basis of age;(e)the Drug Abuse C.108 2-23-99 1. Will comply,as applicable,with the provisions of the Davis-Bacon Art(40 U.S.C.276a to 276a—7),the 4. Will comply with the Wild and Scenic. Rivers Act of Copeland Act(40 U. S.C.276c and 18 U.S.C. 874), 1968(16 U.S.C. 1271 et seq.)related to protecting and the Contract Work Hours and Safety Standards components or potential components of the national Act(40 U. S.C.327-333),regarding labor standards wild and scenic rivers system. 2. for federally assisted construction sub agreements. 5. Will assist the awarding agency in assuring Will comply, if applicable,with flood insurance compliance with section 106 of the National Historic purchase requirements of Section 102(x)of the Flood Preservation Act of 1966,as amended(16 U.S.C. Disaster Protection Act of 1973(P.L.93-234)which 470),EO 11593(identification and protection of requires recipients in a special flood hazard area to historic properties)and the Archaeological and participate in the program and to purchase flood Historic Preservation Act of 1974(16 U.S.C.469a- insurance if the total cost of insurable construction and et seq.). acquisition is$10,000 or more. 6. Will comply with P.L.93-348 regarding the protection 3. Will comply with environmental standards which may of human subjects involved in research,development, be prescribed pursuant to the following: (a)institution and related activities supported by this award of of environmental quality control measures under the assistance. National Environmental Policy Act of 1969(P.L. 91- 7. Will comply with the Laboratory Animal Welfare Act 190)and Executive Order(EO) 11514;(b)notification of 1966(P.L.89-544,as amended,7 U.S.C.2131 et of violating facilities pursuant to EO 11738; (c) seq.)pertaining to the care,handling,and treatment of protection of wetlands pursuant to EO 11990;(d) warm blooded animals held for research,teaching,or evaluation of flood hazards in floodplains in other activities supported by this award of assistance. accordance with Eta 11988;(e)assurance of project 8. Will comply with the Lead-Based Paint Poisoning consistency with he approved State management Prevention Act(42 U.S.C.4801 et seq.)which program developed under the Coastal Zone prohibits the use of lead based paint in construction or Management Act of 1972(16 U.S.C. 1451 et esq.);(f) rehabilitation of residence structures. conformity of Federal actions to State(Clear Air) 9. Will cause to be performed the required financial and Implementation Plans under Section 176(c)if the compliance audits in accordance with the Single Audit Clear Air Act of 1955,as amended(42 U.S.C. 7401 et Act of 1984 or OMB Circular No.A-133,Audits of esq.);(g)protection of underground sources of Institutions of Higher Learning and other Non-profit drinking water under the Safe Drinking Water Act of Institutions. 1974, as amended,(P.L.93-523);and(h)protection of 10. Will comply with all applicable requirements of all endangered species under the Endangered Species Act other Federal laws,executive orders,regulations and of 1973,as amended,(P.L..93-205). policies governing this program. SIGNATURE=IZEQCXRTIFYING OFFICIAL TITLE € Sheriff Don Horsley APPLICANT ORGANIZATION DATE SUBMITTED Sen Mateo County Sheriff /_ 5�---;,,_ 91 3 C.108 2-23-99 ASSURANCES-CONSTRUCTION PROGRAMS Public reporting burden for this collection of information is estimated to average 15 minutes per response, including time for reviewing instructions,searching existing data sources,gathering and maintaining the data needed,and completing and reviewing the collection of information. Send comments regarding the burden estate or any other aspect of this collection of information, including suggestions for reducing this burden,to the office of Management and Budget,Paperwork Reduction Project(0348-0042),Washington,DC 20503. PLEASE DO NOT RETURINN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET, SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. NOTE. Certain of theses assurances may not be applicable to your project or programa. If you have questions,please contact the Awarding Agency.Further,certain Federal assistance awarding agencies may require applicants to certify to additional assurances. if such is the case,you will be notified. As the duly authorized representative of the applicant I certify that the applicant: 1. Has the legal authority to apply for Federal assistance, prescribed standards for merit system for programs and the institutional,managerial and financial funded under one of the nineteen statutes or capability(including funds sufficient to pay the non- regulations specified in appendix A of OPM's Federal share of project costs)to ensure proper Standards for a Merit System of Personnel planning,management and completion of the project Administration(5 C.F.R.900 Subpart F). described in this application. 9. Will comply with the bead-Based Paint Poisoning 2. Will give the awarding agency,the Comptroller Prevention Act(42 U.S.C.4801 et seq.)which General of the United States,and if appropriate,the prohibits the use of lead based paint in construction or State through any authorized representative,access to rehabilitation of residence structures. and the right to examine all records,books,papers,or 10. Will comply with all Federal statues relating to non- documents related to the assistance;and will establish discrimination.These include but are not limited to: a proper accounting system in accordance with (a)'Title til of the Civil Rights Act of 1964(P.L. 88- generally accepted accounting standards or agency 352)which prohibits discrimination on the basis of directives. race,color or national origins(b)Title IX of the 3. Will not dispose of,modify the use of,or change the Education Amendments of 1972,as amended(20 terms of the real property title,or other interest in the U.S.C. 1681-1683,and 1685-1686)which prohibits site and facilities without permission and instructions discrimination on the basis of sex;(c)Section 504 of from the awarding agency. Will record the Federal the Rehabilitation Act of 1973,as amended(29 U.S.C. interest in the tale of real property in accordance with 794)which prohibits discrimination of the basis of awarding agency directives and will include a handicaps,(d)the Age Discrimination Act of 1975,as covenant in the title of real property acquired in whole amended(42 U.S.C.6101-6107)which prohibits or in part with Federal assistance funds to assure non- discrimination on the basis of age;(e)the Drug Abuse discrimination during the useful life of the project. Office and Treatment act of 1972(P.L..93-255),as 4. Will comply with the requirements of the assistance amended,relating to non-discrimination on the basis awarding agency with regards to the drafting,review of drug abuse;(f)the comprehensive alcohol Abuse and approval of construction plans and specifications. and alcoholism Prevention,Treatment and 5. Will provide and maintain competent and adequate Rehabilitation Act of 1970(P.L.91-616),as amended, engineering supervision at the construction site to relating to nondiscrimination on the basis of alcohol ensure that the complete work conforms with the abuse or alcoholism;(g)523 and 527 of the public approved plans and specifications and will furnish Health Service Act of 1912(42 U.S.C.2903 dd-3 progress reports and such other information as may e and290 ee-3),as amended,relating to confidentiality required by the assistance awarding,agency or State. of alcohol and drug abuse patient record;(h)Title VIII 6. Will initiate and complete the work within the of the Civil Rights Act of 1968(42 U.S.C. 3601 et applicable time frame after receipt of approval of the seq. ),as amended,relating to non-discrimination in awarding agency, the sale,rental or financing of housing;(1)any other 7. Will establish safeguards to prohibit employees from non-discrimination provisions I the specific statute(s) using their positions for a purpose that constitutes or under which application for Federal assistance is present the appearance of personal or organizational being made and 0)the requirements on any other non- conflict of interest,or personal gain. discrimination Statute(s)which may apply to the 8. Will comply with the Intergovernmental personnel application. Act of 1970(42 U.S.C.4728-4763)relating to C.108 2-23-99 1. Will comply,or has already complied,with the protection of wetlands pursuant to EO 11990,(d) requirements of Titles II and III of the Uniform evaluation of flood hazard in floodplains in Relocation Assistance and real Property Acquisition accordance with EO 1198$,(e)assurance of project Policies Act of 1970(P.L.91-646)which provides for consistency with the approved State management fair and equitable treatment of persons displaced or program developed under the Coastal Zone whose property is acquired as a result of Federal and Management Act of 1972(16 U.S.C. 1451 et seq.);(f) federally assisted programs.These requirements apply conformity of Federal actions to State(Clean Air) to all interest in real property acquired for project implementation Plans under Section 176(c)of the purpose regardless of Federal participation in Clean Air Act of 1955,as amended(42 U.S.C.7401 et purchases. seq.);(g)protection of underground sources of 2. Will.comply with the provisions of the Hatch Act(5 drinking water under the Safe Drinking Water Act of U.S.C. I50I-1508 and 7324-7328)which limit the 1974,as amended,(P.L.93-523);and(h)protection of political activities of employees whose principal endangered species under the Endangered species Act employment activities are funded in whole or in part of 1973,as amended,(P.1.,.93-245). with Federal funds. 6. Will comply with the wild and scenic rivers act of 3. Will comply,as applicable,with the provisions of the 1968(16 U.S.C. 1271 et seq.)related to protecting Davis-Bacon Act(40 U.S.C.276a to 276a-7),the components or potential components of the national Copeland Act(40 U.S.C.276c and 18 U.S.C. 874), wild and scenic rivers system. The contract Work hours and safety Standards Act(40 7. Will assist the awarding agency in assuring U. S.C.327-333)regarding labor standards for compliance with section 106 of the National Historic federally assisted construction subagreements. Preservation Act of 1966,as amended(16 U.S.C. 4. Will comply with the flood insurance purchase 470),EO 11593(identification and preservation of requirements of Section 102(a)of the Flood Disaster historic properties),and the Archaeological and Protection Act of 1973 (P.L.93-234)which requires Historic Preservation Act of 1474(16 U.S.C.469a-I recipients in a special flood hazard area to participate et seq.). in the program and to purchase flood insurance if the 8. Will cause to be performed the required financial and total cost of insurable construction and acquisition is compliance audits in accordance with the single Audit $10,000 or more Act of 1984. 5. Will comply with environmental standards which may 9. Will comply with all applicable requirements of all be prescribe pursuant to the following. (a)institution other Federal laws,Executive Orders,regulations and of environmental quality control measures under the policies governing this program. National environmental policy Act of 1969(P.L.91- 190)and Executive Order(EO) 11514;(b)notification of violating facilities pursuant to EO 11738;(c) SIGNATURE OF&UTFnRIZED C FYING OFFICIAL TITLE Sheriff Don Horslev 7- APPLICANT ORGANIZATION DATE SUBMITTED Sen Mated County Sheriff ; -� s-- , y APPENDIX D C.108 OFFICE OF NATIONAL CONTROL POLICE' CERTIFICATINS REGARDING LOBBYING,DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS; DRUG-FREE WORKPLACE REQUIREMENTS; FEDERAL DEBT STATUS,AND NONDISCRIMINATION STATUS AND IMPLEMENTING REGULATIONS Instructions for the certifications (c) The undersigned shall require that the language of this certification be included in the award document for all General Requirements subawards at all tiers(including subgrantas,contracts The Office of National Drug Control Policy(ONDCP)is under grants and cooperative agreements,and required to obtain from all applicants certifications regarding subcontracts)and that all subrecipients shall certify and federal debt status,debarment and suspension,and a disclose accordingly. drugfsee workplace.Applicants requesting monies greater than$100,000 in grants funds must also certify regarding 2. DEBARMENT,SUSPENSION,AND OTHER lobbing activities and may be required to submit a RESPONSIBILITYMATTER(DIRECT RECIPIENT) Disclosure of Lobbying Activities"(Standard Form LLL). As required by Executive Carder 12549,Debarment and Institutional applicants are required to certify that they will Suspension and implemented at 21 CFR Part 1404,for comply with the nondiscrimination statues and prospective participants in primary covered transactions implementing regulations. A. The applicant certifies that it and its principals: Applicants should refer to the regulations cited below to determine the certifications to which they are required to (a) Are not presently debarred,suspended,proposed for attest.Applicants should also review the instructions for debarment,declared ineligible,sentenced to a denial of certification included in the regulations before completing Federal benefits by a State or Federal court,or this form.Signature of the form provides for compliance voluntarily excluded from covered transactions by any with certification requirements under 21 CFR part 1405, Federal department or agency: "New Restrictions on Lobbying"and 21 CFR part 1414, (b) Have not within a three-year period preceding this Government wide Debarment and Suspension. application been convicted of or and a civil judgment (Non procurement),Certification Regarding Federal debt rendered against them for commission of fraud or a Status({SMB Circular A-129),and Certification Regarding criminal offense in connection with obtaining, the Nondiscrimination Statutes and Implementing attempting to obtain or performing a public(Federal, Regulations. The certifications shall be treated as a material State,or local)transaction or contract under a public representation of fact upon which reliance will be placed transaction' violation of Federal or State antitrust when the Office of National Drug Control Policy determines statures or commission of embezzlement,theft,forgery, to award the covered cooperative agreement bribery, falsification or destruction of records,making false statements,or receiving stolen property; 1. LOBBYING (c) Are not presently indicted for o otherwise criminally or As required by section 1352,Title 31 of the U.S.Code, and civilly charged by a governmental entity(Federal,State, implemented in 21 CFR part 1405,for persons entering into or local)terminated for cause or default;and a cooperative agreement over$100,000,as defined at 21 CFR Part 1405,the applicant certifies that: E. Where the applicant is unable to certify to any of the statements in this certification.He or she shall attach an (a) No federal appropriated funds have been paid or will be explanation to the application. paid,by or on behalf of the undersigned,to any person for influencing or attempting to influence an officer or 2. DRUG-FREE WORKPLACE(GRANTEES employee of any agency,a member of Congress,and OTHER THAN INDIVIDUALS) officer or employee of Congress,or an employee of a As required by the Drug Free Workplace Act of ;Member of Congress in connection with the making of 1988,and implemented at 21 CFR Part 1404 any Federal grant,the entering into continuation, Subpart F. renewal,amendment,or modification of any Federal A. The applicant certifies Haat it will or will continue grant or cooperative agreement. to provide a drug free workplace by: (b) If any funds other than Federal appropriated funds have been paid or will being paid to any person for (a). Publishing a statement notifying employees that the influencing or attempting to influence an officer or unlawful manufacture,distribution,dispensing,possession, employee of Congress,or an employee of a Member of or use of a controlled substance is prohibited in the Congress in connection with this Federal Grant or applicant's workplace and specifying the actions that will be cooperative agreement,the undersigned shall complete taken against employees for violations of such prohibition, and submit Standard Form—LLL.,"Disclosure of Lobbying Activities,"in accordance with its (b)Establishing an on-going drug free awareness program to instructions; inform employees about C.108 2423-99 (1) The dangers of drug abuse in the workplace; (2) The applicant's policy of maintaining a drug free The regulations provide that a recipient that is a State may workplace; elect of make one certification in each Federal fiscal year. (3) Any available drug counseling,rehabilitation,and A copy of which should be included with each application employee assistance programs;and for ONI DCP Funding. (4) The penalties that may be imposed upon employees for drug abuse violation occurring in the workplace; DRUG FREE WORKPLACE(RECIPIENTS WHO ARE INDIVIDUALS) (d) Making it a requirement that each employee to be As required by the Drug Free Workplace Act of 1988,and engaged in the performance of the grant be given a copy implemented at 21 CFR Part 1404 Subpart F. of the statement required by paragraph(a); (e) Notifying the employee in the statement required by A. as a condition of the cooperative agreement,I certify paragraph(a)that,as a condition of employment under that I will not engage in the unlawful manufacture, the grant,the employee will distribution,dispensing,possession,or use of a controlled substance in conduction any activity with the (1) Abide by the terms of the statement;and grant;and (2) Notify the employer in writing of his or her conviction B. If convicted of a criminal drug offense resulting forth a for a violation of a criminal drug statute occurring in the violation occurring during the conduct of any grant workplace no later than five calendar days after such activity, I will report the conviction in writing,within conviction: 10 calendar days of the conviction,to:The Assistance Center, 8401 Northwest 53`d Ter.ace,Suite 200,Miami, (f) Notifying the agency,in writing,within 10 calendar Florida 33166. days after receiving notice under subparagraph(d)(2) form an employee or otherwise receiving actual notice 4. CERTIF"ICAT"ION REGARDING FEDERAL, of such convictions.Employers of convicted employees DEBT STATUS(OMB Circular A-129) must provide notice including position title,to: The Assistance Center, 8401 Northwest 53`d Terrace,suite The Applicant certifies to the best of its knowledge and 200,Miami,Florida 33166.Notice shall include the belief,that it is not delinquent in the repayment of any identification number of each affected grant; federal debt. (g) Taking one of the following actions within 30 calendar S. CERTIFICATION REGARDING THE days of receiving notice under subparagraph(d)(2),with NONDISCRIMINATIN STATUTES AND respect of any employee who is so convicted- IMPLEMENTING REGULATIONS (I) Taking appropriate personnel action against such an The applicant certifies that it will comply with the following employee,up to and including termination,consistent nondiscrimination statues and their implementing with the requirements of the Rehabilitation Act of 1973, regulations:(a)title VI of the Civil right Act of 1964(42 as amended;or U.S.C.2000D et seq.)which provides that no person in the (2) Requiring such employee to participate satisfactorily in United States shall,on the ground of race,color,or national a drag abuse assistance or rehabilitation program origin,be excluded from participation in,be denied the approved for such purposes by a Federal State,or local benefits of or be otherwise subjected to discrimination under health,law enforcement,or other appropriate agency; any program or activity for which the applieant received (h) Making a good faith effort to continue to maintain a federal financial assistance;(b)Section 504 if the drug free workplace through implementation of rehabilitation Act of 1973,as amended(29 U.S.C.794), paragraphs(a),(b),(c),(d),(e),and(f). which prohibits discrimination on the basis of handicap in programs and activities receiving federal financial B. The applicant may insert in the space provided assistance;(c)title IX of the Education Amendments of below the site(s)for the performance of work done 1972m as amended(20 U.S.C. 1981 et seq.)which prohibits in connection:with the specific cooperative discrimination on the basis of sex in education programs and agreement: activities receiving federal financial assistance;and(d)the Age Discrimination Act of 1975,and amended(42 U.S.C. Place of Performance(street address,city,country,state,zip 6101 et seq.)which prohibits discrimination on the basis of code) age in programs and activities receiving federal financial assistance,except that actions which reasonably take age Ban Mateo County Sheriff into account as a factor necessary for the normal operation 401 Marshall Street or achievement of any statutory objective of the project or Redwood, CA 94063 activity shall not violate this statute Check if there are workplace on file that are not identified here. C.108 2-2s-99 As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above certifications. Grantee Name and Address: San Mateo County Sheriff 401 Marshall Street Redwood, CA 94063 Application Number and/or Project Name: 19PSFP503 East Say Heroin &Methamphetamine Task Force (Contra) ld Grantee IRSNendo€Number: Type Name and Title of Authorized Representative: Sheriff don Horsley 5. Signature: 6. Date: ` C.108 2-23-99 DISCLOSURE OF LOBBYING ACTIVITIES 0.108 Complete this form to disclose activities pursuant to 31 U.S.C.1352 2-23-99 (See reverse for public burden d sclosure) ; E 1. Type of Federal Action: 2. Status of Federal Action 3. Report Type a. contract a. bid/offer/application a. Initial filing b. grant E b. initial award b. material change i C. cooperative agreement ; c. post-award For Material Change only d. loan i Year: Quarter,. E e. loan guarantee Date of last report: - -- t loan insurance E i 4. Name and Address of reporting Entity ' S. If reporting entity in No.4 is Subawardee, Enter name and address of Prime: E Prime El Subawardee Tier if known: San Mateo County Sheriff i 401 Marshall Street Redwood, CA 94063 Congressional District,ifknown Congressional District,ifknown 6. Federal Department/Agency: ; 7. Federal Program Name/Description: 0IND CP xmTA 3 E a. Federal Action Number,if known 9. Award Amount,if known i 10. a. Name and Address of Lobbying Entity b. Individuals Performing Services(including address if (if individual,last name,first name,mT) different from No.10a) last name,first name.NTT) 3 None i ?'Mone 3 I (attach!Conti n uation Sheet(s)SF-LLL-A,if necessary) 11. Amount of Payment(check all that apply). E 13. Type of Payment(check all that apply) N/A actual —planned a. retainer _ b. one-time fee 12. Form of Payment(check all that apply): c. commission a. cash _ d. contingent fee b. in-kind:specify: nature _ e. deferred value _ f. other;specify: s 14. Brief Description off Services Performed or to be Perfo med and Date(s)of Service,including of icier(s),emploee(s),or Member(s)contacted.for Payment indicated in Item 11: None (attach Continuation Sheet(s)SF-LLL-A,if necessary) 15, Continuation Sheet(s)SF-LLL-A atached: Yes X No 16. Information requested through this form is authorized by title 31 I U.S.C.section 1352. This disclosure of lobbying activities is a material ! representation of fact upon which reliance was placed by the tier above Signature: when this transaction was made o entered into. This disclosure is requested pursuant to 31 U.S.C.1352. This information will be reported to the Print Name: Congress semi-annuaily and will be available for public inspection. Any person who fails to rile the required disclosure shall be subject to a civil Title: penalty of not less than 510,000 and not more than 5100,000 for each such failure. Telephone No.: Date: o Federal Use Only: Authorized for local reproduction Standard Form-LLL APPENDIX F Confidental Funds Certification This is to certify that I',have read, understood, and agree to abide by all of the conditions for confidential funds as set forth in the effective edition of CNDCP financial&Adminstrative Guide, ` Date: Signature: Project Director: s Grant No.: . i 3 1 ;