HomeMy WebLinkAboutAgreement A-21-031 LOA with DEA United States DOJ.pdfU.S. Department of Justice
Drug Enforcement Administration
www.dea.gov Springfield, Virginia 22152
Agreement Number 2021-17
This Letter of Agreement (LOA) is entered into between the FRESNO COUNTY SHERIFF'S
OFFICE, hereinafter referred to as (THE AGENCY), and the
DRUG ENFORCEMENT ADMINISTRATION (DEA) OF THE UNITED STATES
DEPARTMENT OF JUSTICE (DOJ), hereinafter referred to as DEA, in reference to the
following:
There is evidence that trafficking in marijuana (illicit cannabis) has a substantial and
detrimental effect on the health and general welfare of the people of the State of California.
The parties hereto agree that it is to their mutual benefit to cooperate in locating and
eradicating illicit cannabis plants and to investigate and prosecute those cases before the
courts of the United States (U.S.) and the courts of the State of California. DEA, pursuant to
the authority of 21 U.S.C. § 873, proposes to provide certain necessary funds and THE
AGENCY is desirous of securing funds.
As used in this Letter of Agreement, the terms ”marijuana” and “illicit cannabis” only refer to
cannabis or cannabis-derived materials that contain more than 0.3% delta-9-THC on a dry
weight basis, in accordance with the definition of marihuana in the Controlled Substances Act
(21 U.S.C. § 802(16)), as amended by the Agriculture Improvement Act of 2018, Pub. L. 115-
334.
NOW, therefore, in consideration of the mutual covenants hereinafter contained, the parties
hereto have agreed as follows:
1.THE AGENCY will, with its own law enforcement personnel and employees, as
hereinafter specified, perform the activities and duties described below:
a.Gather and report intelligence data relating to the illicit cultivation, possession, and
distribution of illicit cannabis.
b.Investigate and report instances involving the trafficking in controlled substances.
c.Provide law enforcement personnel for the eradication of illicit cannabis located
within the State of California.
d.Make arrests and refer to the appropriate prosecutorial authority cases for
prosecution under controlled substances laws and other criminal laws.
e.Send required samples of eradicated illicit cannabis to the National Institute on
Drug Abuse (NIDA) Potency Monitoring Project.
Agreement No. 21-031
Letter of Agreement No. 2021-17 Page 2
f. MANDATORY requirement for THE AGENCY to utilize the Web-based DEA
internet Capability Endeavor(DICE) or if applicable the Firebird based DEA
Analysis/Response Tracking System (DARTS) to report all statistics and seizures
per incident, to include the submission of significant items for de-confliction and
information sharing purposes.
g. Submit electronically the signed “State/Local Agency DCESP Monthly Accounting
Form” (DEA DCE/SP monthly expenditure report) with a copy of THE
AGENCY’s general ledger to the DEA Regional Contractor. If applicable, attached
an invoice reflecting the expenditures for equipment in excess of $2,500.00, which
was previously approved by DEA Headquarters, and the expenses associated with
the rental of leasing of vehicles or aircraft. When overtime is claimed the officer’s
name, date worked, hours worked, and rate of pay are REQUIRED. NOTE:
Monthly “zero expenditures” are also required.
2. It is understood and agreed by the parties to this Agreement that the activities described in
Sub-paragraphs a, b, c, d, e, f, and g of paragraph one (¶1) shall be accomplished with
existing personnel, and that the scope of THE AGENCY’s program with respect to those
activities by such personnel shall be solely at THE AGENCY’s discretion, subject to
appropriate limitations contained in the budget adopted by THE AGENCY, except that
THE AGENCY understands and agrees that DEA funds and the result of expended funds
(e.g., equipment, supplies and other resources) must be directly related to and must only be
used for marijuana eradication program activities in a manner consistent with the
Controlled Substances Act (CSA), 21 U.S.C. § 801 et seq.
3. DEA will pay to THE AGENCY Federal funds in the amount of TWO HUNDRED THIRTY
FOUR THOUSAND FIVE HUNDRED DOLLARS ($234,500.00) for the period of October
1, 2020 to September 30, 2021, to defray costs relating to the eradication and suppression
of illicit cannabis. These Federal funds shall only be used for the eradication of illicit
cannabis as provided in this agreement. THE AGENCY understands and agrees that
Federal funds provided to THE AGENCY under this Agreement will not be used to defray
costs relating to herbicidal eradication of illicit cannabis without the advance written
consent of DEA. DCE/SP funding is provided for the storage, protection, and destruction
of illicit cultivated marijuana. Funding is not provided nor expenditures allowed for the
development of technology to assist with the identification of indoor and/or outdoor
growing sites. Additionally, funding and expenditures are not permitted for the eradication
of “ditch weed”.
THE AGENCY understands and agrees that Federal funds will not be used to perform any
of the following functions: (i) issuing licenses, permits, or other forms of authorization
permitting the holder to manufacture, distribute, sell, or use marijuana in contravention of
the CSA; (ii) conducting ancillary activities related to the issuance of such licenses and
permits, such as background checks on applicants; (iii) collecting state or local tax or
licensing revenue related to the manufacture, distribution, or sale of marijuana in
contravention of the CSA; (iv) preparing or issuing regulations governing the manufacture,
distribution, sale, or possession of marijuana in contravention of the CSA; (v) monitoring
compliance with state or local laws or regulations that permit the manufacture, distribution,
sale, or use marijuana in contravention of the CSA; or (vi) the purchase of evidence and the
purchase of information. The result of expended funds (e.g. equipment, supplies and other
Letter of Agreement No . 2021-17 Page 3
resources) must be directly related to and must only be used for marijuana eradication
activities. While using the Federal funds provided to THE AGENCY under this Agreement
for activities on Federal land , THE AGENCY agrees to notify the appropriate local office
of the U.S . Department of Agriculture , (Forest Service) and the U.S. Department of the
Interior (Bureau of Land Management, National Park Service , Fish and Wildlife Service ,
Bureau oflndian Affairs , and/or Bureau of Reclamation) of THE AGENCY's presence on
Federal land .
4 . The Federal funds provided to THE AGENCY are primarily intended for payment of
deputies' /officers' overtime while those deputies and officers are directly engaged in the
illicit cannabis eradication process, (per DOJ policy, the annual maximum overtime
reimbursement rate is based on the current year General Pay Scale/ rest of the United
States and cannot exceed 25% of a GS-12, Step 1; the funds shall only be used to pay
the normal overtime rate, i.e., time and a half. The overtime reimbursement rate
"shall not include any cost for benefits, such as retirement, FICA, or other expenses",
which is specifically prohibited by DOJ) and for per diem and other direct costs related to
the actual conduct of illicit cannabis eradication. Examples of such costs includes rental of
aircraft, fuel for aircraft, and minor repairs and maintenance necessitated by use to support
illicit cannabis eradication . These Federal funds are not intended as a primary source of
funding for the purchase of equipment, supplies , or other resources. When Domestic
Cannabis Eradication Suppression Program (DCE/SP) funds are used to purchase supplies ,
equipment, or other resources , those items must be directly related to and must only be used
for marijuana eradication activities and may not be used to perform any of the following
functions : (i) issuing licenses , permits , or other forms of authorization permitting the holder
to manufacture, distribute, sell , or use marijuana in contravention of the CSA; (ii)
conducting ancillary activities related to the issuance of such licenses and permits , such as
background checks on applicants; (iii) collecting state or local tax or licensing revenue
related to the manufacture , distribution, or sale of marijuana in contravention of the CSA ;
(iv) preparing or issuing regulations governing the manufacture , distribution , sale , or
possession of marijuana in contravention of the CSA ; or (v) monitoring compliance with
state or local laws or regulations that permit the manufacture, distribution , sale , or use
marijuana in contravention of the CSA. [Agency Initia~
All purchases of equipment, supplies and other resources must be requested in writing,
through the respective DEA Division , to the Investigative Support Section (ODS).
Requests must include manufacturer specifications and pricing of the item (including tax , if
applicable) to be purchased . The DEA Division personnel will~~ the state/local agency
whether or not the purchase has been approved. [Agency Initia~ Expenditures for
equipment, supplies , and other resources should not exceed 10% of the total Federal funds
awarded. Although equipment, supplies, and other resources may be specifically itemized
in the Ope tion Plan, they are not automatically approved for purchase. [Agency
Initials_"""'-lic;...;J--J All requests for purchases must be received in HQ/ODS by July 15th .
Exemptions t any of these requirements must have prior HQ/ODS approval.
Per the DOJ , none of the funds allocated to you may be used to purchase promotional items ,
gifts , mementos , tokens of appreciation , or other similar items . Prohibited purchases
include items justified as training aids if they are embossed , engraved or printed with THE
Letter of Agreement No. 2021-17 Page 4
AGENCY or program logos. Additionally, the use of DCE/SP funds for Demand Reduction
expenses is no longer authorized.
5. In compliance with Section 623 of Public Law 102-141, THE AGENCY agrees that
no amount of these funds shall be used to finance the acquisition of goods or services
unless THE AGENCY:
(a) Specifies in any announcement of the awarding of the contract for the procurement
of the goods and services involved the amount of Federal funds that will be used to
finance the acquisition; and
(b) Expresses the amount announced pursuant to paragraph (a) as a percentage of the
total cost of the planned acquisition.
The above requirements only apply to procurements for goods or services that have an
aggregate value of $500,000 or more. Any goods or services acquired under this provision
of the agreement must be directly related to and must only be used for marijuana
eradication activities and may not be used to perform any of the following functions: (i)
issuing licenses, permits, or other forms of authorization permitting the holder to
manufacture, distribute, sell, or use marijuana in contravention of the CSA; (ii) conducting
ancillary activities related to the issuance of such licenses and permits, such as background
checks on applicants; (iii) collecting state or local tax or licensing revenue related to the
manufacture, distribution, or sale of marijuana in contravention of the CSA; (iv) preparing
or issuing regulations governing the manufacture, distribution, sale, or possession of
marijuana in contravention of the CSA; or (v) monitoring compliance with state or local
laws or regulations that permit the manufacture, distribution, sale, or use marijuana in
contravention of the CSA.
6. If DEA approves the purchase of “supplies” as defined in 2 C.F.R. § 200.314 (all tangible
personal property other than “equipment” as defined by 2 C.F.R. § 200.313), and there is a
residual inventory of unused supplies exceeding $5,000 in total aggregate fair market value
upon termination or completion of this Agreement, and if the supplies are not needed for
any other federally sponsored programs or projects, THE AGENCY shall compensate DEA
for DEA’s share and in any case the supplies will not be used directly or indirectly to
support any state, county or local entity that authorizes cultivating marijuana or has direct
oversight or regulatory responsibilities for a state authorized marijuana program. THE
AGENCY agrees that any unused supplies not exceeding $5,000 in total aggregate fair
market value upon termination or completion of this Agreement will either be used for the
marijuana eradication activities, returned to DEA, or destroyed, but in any case will not be
used to perform any of the following functions: (i) issuing licenses, permits, or other forms
of authorization permitting the holder to manufacture, distribute, sell, or use marijuana in
contravention of the CSA; (ii) conducting ancillary activities related to the issuance of such
licenses and permits, such as background checks on applicants; (iii) collecting state or local
tax or licensing revenue related to the manufacture, distribution, or sale of marijuana in
contravention of the CSA; (iv) preparing or issuing regulations governing the manufacture,
distribution, sale, or possession of marijuana in contravention of the CSA; or (v) monitoring
compliance with state or local laws or regulations that permit the manufacture, distribution,
sale, or use marijuana in contravention of the CSA.
Letter of Agreement No. 2021-17 Page 5
7. If DEA approves the purchase of equipment as defined at 2 C.F.R. § 200.313 (tangible,
non-expendable personal property having a useful life of more than one year and an
acquisition cost of $5,000 or more per unit) for the use of THE AGENCY’s personnel
engaged in illicit cannabis eradication under this Agreement, THE AGENCY will use,
manage, and dispose of the equipment in accordance with 2 C.F.R. § 200.313, except that
in no case, regardless of useful life and acquisition cost, will the equipment be used directly
or indirectly to perform any of the following functions: (i) issuing licenses, permits, or other
forms of authorization permitting the holder to manufacture, distribute, sell, or use
marijuana in contravention of the CSA; (ii) conducting ancillary activities related to the
issuance of such licenses and permits, such as background checks on applicants; (iii)
collecting state or local tax or licensing revenue related to the manufacture, distribution, or
sale of marijuana in contravention of the CSA; (iv) preparing or issuing regulations
governing the manufacture, distribution, sale, or possession of marijuana in contravention
of the CSA; or (v) monitoring compliance with state or local laws or regulations that permit
the manufacture, distribution, sale, or use marijuana in contravention of the CSA.
8. Payments by DEA to THE AGENCY will be in accordance with a schedule determined by
DEA. No funds will be paid by DEA to THE AGENCY under this Agreement until DEA
has received to its satisfaction an accounting of the expenditures of all funds paid to THE
AGENCY during the previous year Agreement. The final/closeout expenditure will be
documented on the September (FINAL) DCESP Monthly Accounting Form.
9. It is understood and agreed by THE AGENCY that, in return for DEA’s payment to THE
AGENCY for Federal funds, THE AGENCY will comply with all applicable Federal
statutes, regulations, guidance, and orders, including previous OMB guidance under OMB
Circular A-102 (Grants and Cooperative Agreements With State and Local Governments),
OMB Circular A-87 (Cost Principles for State, Local and Indian Tribal Governments), and
OMB Circular A-133 (Audits of States, Local Governments and Non-Profit
Organizations), which have been combined in 2 C.F.R. Part 200, effective December 26,
2014. In addition, 2 C.F.R. Part 2867 (Non- Procurement Debarment and Suspension), 28
C.F.R. Part 83 (Drug-Free Workplace Act common rule), and 28 C.F.R. Part 69 (Byrd Anti-
Lobbying Amendment common rule) apply. (Note: The LOA is reimbursable agreement,
not a grant; therefore, for purposes of the DCE/SP, DEA requires an audit completed
regardless of the threshold amount listed in 2 C.F.R. Part 200. The DCE/SP does not have
an assigned Catalog of Federal of Domestic Assistance (CFDA) number. Audits can be
conducted without a CFDA number. The auditor must send an email to the Federal Audit
Clearinghouse erd.fac@census.gov with their agency’s name and EIN number and the
information will be forwarded to them. In conjunction with the beginning date of the award,
the audit report period of THE AGENCY under the single audit requirement is FY-21
(10/01/2020 through 09/30/2021).
10. THE AGENCY acknowledges that arrangements have been made for any required financial
and compliance audits and audits will be made within the prescribed audit reporting cycle.
THE AGENCY understands that failure to furnish an acceptable audit as determined by the
cognizant Federal agency may be a basis for denial of future Federal funds and/or refunding
of Federal funds and may be a basis for limiting THE AGENCY to payment by
reimbursement on a cash basis. THE AGENCY further understands that its use of DEA
funds or the result of expended DEA funds (e.g. equipment, supplies and other resources)
Letter of Agreement No. 2021-17 Page 6
for any use other than the marijuana eradication program activities, including but not
limited to its use directly or indirectly to perform any of the following functions: (i) issuing
licenses, permits, or other forms of authorization permitting the holder to manufacture,
distribute, sell, or use marijuana in contravention of the CSA; (ii) conducting ancillary
activities related to the issuance of such licenses and permits, such as background checks on
applicants; (iii) collecting state or local tax or licensing revenue related to the manufacture,
distribution, or sale of marijuana in contravention of the CSA; (iv) preparing or issuing
regulations governing the manufacture, distribution, sale, or possession of marijuana in
contravention of the CSA; or (v) monitoring compliance with state or local laws or
regulations that permit the manufacture, distribution, sale, or use marijuana in contravention
of the CSA, will be a basis for denial of future Federal funds and/or refunding of Federal
funds and may be a basis for limiting THE AGENCY to payment by reimbursement on a
cash basis.
11. THE AGENCY shall maintain complete and accurate reports, records, and accounts of all
obligations and expenditures of DEA funds under this Agreement in accordance with
generally accepted government accounting principles and in accordance with state laws and
procedures for expending and accounting for its own funds. THE AGENCY shall further
maintain its records of all obligations and expenditures of DEA funds under this Agreement
in accordance with all instructions provided by DEA to facilitate on-site inspection and
auditing of such records and accounts.
12. THE AGENCY shall permit and have available for examination and auditing by DEA, the
U.S. Department of Justice Office of Inspector General, the Government Accountability
Office, and any of their duly authorized agents and representatives, any and all investigative
reports, records, documents, accounts, invoices, receipts, and expenditures relating to this
Agreement. In addition, THE AGENCY will maintain all such foregoing reports and
records for six years after termination of this Agreement or until after all audits and
examinations are completed and resolved, whichever is longer.
13. THE AGENCY agrees that an authorized officer or employee will execute and return to the
DEA Regional Contractor, the LOA; 1) Electronic Funds Transfer Memorandum; 2)
Certifications Regarding Lobbying; Debarment, Suspension, & Other Responsibility
Matters; Drug Free Workplace Requirements (OJP Form 406 1/6); and the 3) Assurances
(OJP Form 4000/3). THE AGENCY acknowledges that this Agreement will not take effect
and that no Federal funds will be awarded by DEA until DEA receives the completed LOA
package.
14. Employees of THE AGENCY shall at no time be considered employees of the U.S.
Government or DEA for any purpose, nor will this Agreement establish an agency
relationship between THE AGENCY and DEA.
15. THE AGENCY shall be responsible for the acts or omissions of THE AGENCY’s
personnel. THE AGENCY and THE AGENCY’s employees shall not be considered as the
agent of any other participating entity. Nothing herein is intended to waive or limit
sovereign immunity under other federal or state statutory or constitutional authority. This
Agreement creates no liability on the part of the DEA, its agents or employees, or the U.S.
Government for any claims, demands, suits, liabilities, or causes of action of whatever kind
Letter of Agreement No. 2021-17 Page 7
and designation, and wherever located in the State of California resulting from the
DCE/SP funded by DEA.
16. THE AGENCY shall comply with Title VI of the Civil Rights Act of 1964, Section 504 of
the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, as amended, and all
requirements imposed by or pursuant to the regulations of the U.S. Department of Justice
implementing those laws, 28 C.F.R. Part 42, Subparts C, F, G, H, and I.
17. Upon termination of the Agreement, THE AGENCY will prepare a September (FINAL)
Accounting Form and a general ledger itemizing the breakdown of final expenditures and if
applicable, attach invoices reflecting the expenditures for equipment in excess of $2,500,
which was previously approved by DEA Headquarters, and the expenses associated with
rental or leasing of aircraft. Report should be submitted electronically to the DEA Regional
Contractor by October 31st.
18. The duration of this Agreement shall be as specified in Paragraph 3, except that this
Agreement may be terminated by either party after 30 day written notice to the other party.
All obligations that are outstanding on the above prescribed termination date or on the date
of any thirty (30) day notice of termination shall be liquidated by THE AGENCY within
sixty (60) days thereof, in which event DEA will only be liable for obligations incurred by
THE AGENCY during the terms of this Agreement. In no event shall THE AGENCY incur
any new obligations during the period of notice of termination. In the event that the
agreement is terminated, any DEA funds that have been obligated or expended and the
result of expended funds (e.g. equipment, supplies and other resources) will be used and
disposed of in accordance with the provisions of this agreement.
19. THE AGENCY must be registered in the System for Award Management (SAM) to receive
payment of Federal funds. There are two steps to registering in SAM. First, THE
AGENCY must have a Data Universal Numbering System (DUNS) number. [A “+4
extension” to a DUNS number (DUNS+4) is required when there is a need for more than
one bank/electronic funds transfer account for a location.] A DUNS number may be
obtained via the internet (http://fedgov.dnb.com/webform) or by phone (U.S. and U.S.
Virgin Islands: 1-866-705-5711; Alaska and Puerto Rico: 1-800-234-3867). Second, THE
AGENCY must then register with SAM via the internet SAM www.sam.gov. Questions
regarding the internet registration process may be directed to 1-866-606-8220 (follow the
prompts for SAM). Both the DUNS number and registration in SAM are free of charge.
(1) Abide by the tenns of the statement ; and
(2) Notify the emp loyer in writing of his or her conviction for a
violation of a criminal drug statute occurring in the workplace
no later than five calendar days after such conviction ;
(e) Notifying the agency , in writing , within 10 calendar days
after receiving notice under subparagraph ( d)(2) from an
employee or otherwise receiving actual notice of such conviction .
Employers of convicted employees must provide notice,
including position title , to : Department of Justice , Office of
Justice Programs, ATIN : Control Desk, 810 7 th Street, N.W.,
Washington, D.C . 20531. Notice shall include the identification
number(s) of each affected grant;
(f) Taking one of the following actions , within 30 calendar days
of receiving notice under subparagraph ( d)(2), with respect to
any employee who is so convicted--
( I) Taking appropriate personnel action against such an
employee , up to and including tennination, consistent with the
requirements of the Rehabilitation Act of 1973, as ame nded; or
(2) Req uiring such employee to participate satisfactorily in a
drug abuse assistance or rehabilitation program approved for
such purposes by a Federal , State, or local health, law
enforcement, or other appropriate agency ;
(g) Making a good faith effort to continue to maintain a drug-
free workplace through implementation of paragraphs (a), (b),
(c), (d), (e), and (f).
B. The grantee may insert in the space provided below the
site(s) for the perfonnance of work done in connection with the
specific grant:
Place of Perfonnance (Street address , city, county, state, zip
code)
Check _if there are workplaces on file that are not identified
here.
Section 67 , 630 of the regulations provides that a grantee that
is a State may elect to make one certification in each Federal
fiscal year . A copy of which should be included with each ap-
plication for Department of Justice funding. States and State
agencies may elect to use OJP Fonn 406 In.
Check _if the State has elected to complete OJP Fonn 4061n.
DRUG-FREE WORKPLACE
(GRANTEES WHO ARE INDIVIDUALS)
As required by the Drug-Free Workplace Act of 1988 , and
implemented at 28 CFR Part 67 , Subpart F, for grantees , as
defin ed at 28 CFR Part 67 ; Sections 67 .615 and 67 .620--
A. As a condition of the grant, I certify that I will not engage
in the unlawful manufacture, distribution, dispensing , posses -
sion, or use of a controlled substance in conducting any
activity with the grant ; and
B. If convicted of a criminal drug offense resulting from a
violation occurring during the conduct of any grant activity , I
will report the conviction, in writing, within IO calendar days
of the conviction, to : Department of Justice , Office of Justice
As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above certifications .
I . Grantee Name and Address :
Fresno County Sheriffs Office
2200 Fre sno Stre et , Fresno , Ca 93721
2. Application Number and/or Project Name 3. Grantee IRSNendor Number
202 1-17 94-6000512
4. Typed Name and Title of Authorized Representative
Stev e Br ndau, Chairm an of the Boa rd of Supervisors of t he Coun ty of Fres no
5. Signature
(BLUE INK ONLY )
OJP FORM 4061/6 REPLACES OJP FORMS4061/2. 4061/3 AND4061 /4 WHICH ARE OBSOLETE.
6. Date
ATTEST:
BERNICE E. SEIDEL
Clerk of the Board of Supervisors
Count of Fr1:;sno , State of California
OMBAPPROVAL NO.1121-0140
ASSURANCES
~e Applicant hereby assures and certifies compliance with all Federal statutes, regulations , policies, guidelines and requirements, including 0MB
Circulars No. A-21 , A-87 , A-110 , A-122, A-133 ; E.O . 12372 and Unifonn Administrative Requirements for Grants and Cooperative Agreements •
2 8 CFR, Part 66 , Common rule , that govern the application, acceptance and use of Federal funds for this federally -assisted project. Also the
Applicant assures and certifies that:
I. It possesses legal authority to apply for the grant; that a resolution , motion or I 0 .
similar action has been duly adopted or passed as an official act of the applicant's
governing body , authorizing the filing of the application, including all
understandings and assurances containedtherein, and directing and authorizing
It will assist the Federal grantor agency in its compliance with Section I 06 of
the National Historic Preservation Act of 1966 as amended (16 USC 470),
Executive Order 11593, and the Archeological and Historical Preservation Act
of 1966 (16 USC 569 a-I et seq .) by (a) consulting with the State Historic
Preservation Officer on the conduct of investigations, as necessary , to identify
properties listed in or eligible for inclusion in the National Register of Historic
Places that are subject to adverse effects (see 36 CFR Part 800.8) by the
activity , and notifying the Federal grantor agency of the existence of any such
properties . and by (b) complying with all requirements established by the
Federal grantor agency to avoid or mitigate adverse effects upon such
properties .
2 .
3.
4 .
5.
6.
7 .
8 .
9.
the person identified as the official representative of the applicant to act in
connection with the application and toprovide such additional information may
be required .
It will comply with requirements of the provisions of the Uniform Relocation
Assistance and Real Property Acquisitions Act of 1970 (P.L. 91-646) which
provides for fair and equitable treatment of persons displaced as a result of
Federal and federally -assisted programs .
It will comply with provisions of Federal law which limit certain political
activities of employees of a State or local unit of government whose principal
employment is in connection with an activity financed in whole or in part by
Federal grants . (5 USC 1501 , et seq.)
It will comply with the minimum wage and maximum hours provisions of the
Federal Fair Labor Standards Act if applicable .
11. It will comply, and assu re the compliance of all its subgrantees and
contractors, with the applicable provisions of Title I of the Omnibus Crime
Control and Safe Streets Act of I 968, as amended, the Juvenile Justice and
Delinquency Prevention Act, or the Victims of Crime Act, as appropriate; the
provisions of the current edition of the Office of Justice Programs Financial
and Administrative Guide for Grants, M7100.1; and all other applicable
Federal laws . orders, circulars , or regulations.
12 . It will comply with the provisions of 28 CFR applicable to grants and
It will establish safeguards to prohibit employees from using their positions for a cooperative agreements including Part 18, Administrative Review Procedure;
purpose that is or gives the appearance of being motivated by a desire for private Part 20, Criminal Justice Information Systems; Part 22, Confidentiality of
gain for themselves or others, particularly those with whom they have family , Identifiable Research and Statistical Information ; Part 23 , Criminal
business, or other ties. Intelligence Systems Operating Policies ; Part 30. lntergove-mmental Review
It will give the sponsoring agency or the Comptroller General , through any
authorized representative. access toand the right to examine all records , books,
papers , or documents related to the grant.
It will comply with all requirements imposed by the Federal sponsoring agency
concerning special requirements of law, program requirements , and other 13 .
administrative requirements.
It will insure that the facilities under its ownership, lease or supervision which
shall be utilized in the accomplishment of the project are not listed on the
Environmental Protection Agency's (EPA)list of Violating Facilities and that it
will notify the Federal grantor agency of the receipt of any communication from
the Director of the EPA Office of Federal Activities indicating that a facility to be
used in the project is under consideration for listing by the EPA .
It will comply with the flood insurance purchase requirements of Section 102(a)
of the Flood Disaster Protection Act of 1973 , Public Law 93-234, 87 Stat. 975, 14 .
approved December 31 . 1976. Section I 02(a) requires, on and after March 2,
I 975, the purchase of flood insurance in communities where such insurance is
available as a condition for the receipt of any Federal financial assistance for
construction or acquisition purposes for usein any area that has been identified
by the Secretary of the Department of Hous ing and Urban Development as an
area having special flood hazards . The phrase "Federal financial assistance " I 5 .
includes any form ofloan, grant, guaranty, insurancepayment, rebate, subsidy,
disaster assistance loan or grant, or any other form of direct or indirect Federal
assistance . I 6 .
ATTEST:
BERNICE E . SEIDEL
Clerk of the Board of Supervisors
County f Fresno , tate of California
I
of Department of Justice Programs and Activities; Part 42,
Nondiscrimination/Equal Employment Opportunity Policies and Procedures;
Part 61 , Procedures for Implementing the National Environmental Policy Act;
Part 63 , Floodplain Management and Wetland Protection Procedures; and
Federal laws or regulations applicable to Federal Assistance Programs.
It will comply, and all its contractors will comply, with the nondiscri-mination
requirements of the Omnibus Crime Control and Safe Streets Act of 1968 . as
amended, 42 USC 3789(d), or Victims of Crime Act
(as appropriate); Title VI of the Civil Rights Act of 1964 . as amended;
Section 504 of the Rehabilitation Act of 1973. as amended; Subtitle A , Title II
of the Americans with Disabilities Act (ADA) ( 1990); Title IX
of the Education Amendments of 1972; the Age Discrimination Act of 1975;
Department of Justice Non-Discrimination Regulations, 28 CFR Part 42,
Subparts C. D. E, and G ; and Department of Justice regulations on disability
discrimination, 28 CFR Part 35 and Part 39.
In the event a Federal or State court or Federal or State administrative agency
makes a finding of discrim ination after a due process hearing on the grounds of
race, color, religion , national origin, sex, or disability against a recipient of
funds , the recipient will forward a copy of the finding to the Office for Civil
Rights, Office of Justice Programs.
It will provide an Equal Employment Opportunity Program if required to
maintain one, where the application is for $500,000 or more .
It will comply with the provisions of the Coastal Barrier Resources Act (P.L.
97-348) dated October 19, 1982 (16 USC 3501 et seq .) which prohibits the
expenditure of most new Federal funds within the units of the Coastal Barrier
Resources System.
Steve Brandau , Chairm an of the Boa rd of Supe rvi sors of the Cou nty of Fres no d4 g J 2c: I
Date
Agency Name & LOA Number: I c ounty of Fr es no, LOA#2021-111