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
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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
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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
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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,
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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
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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.
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4. Budget for the Initiative. $206,195.00 S/L Award Recipients
(see attached budget for details)
APPENDIX B
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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
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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.
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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
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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
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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
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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
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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 ;