HomeMy WebLinkAboutAgreement A-22-125 with DEA United States DOJ.pdf Agreement No. 22-125
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U.S. Department of Justice
Drug Enforcement Administration
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www.dea.gov Springfield, Virginia 22152
Agreement Number 2022-17
THE DRUG ENFORCEMENT ADMINISTRATION (DEA) OF THE UNITED STATES
DEPARTMENT OF JUSTICE (DOJ),hereinafter referred to as DEA, provides funding and/or
operational support to state and local law enforcement agencies in conducting marijuana eradication and
suppression efforts. This program, known as DEA's Domestic Cannabis Eradication/Suppression
Program (DCE/SP),provides funding under either or both of the below Option 1 and/or Option 2.
Under Option 1, DEA provides DCE/SP funding and operational support to state and local law
enforcement agencies who demonstrate that such support will be used for marijuana eradication
operations meeting one of the following criteria:
1. Marijuana is being cultivated by a drug trafficking organization or a transnational organized crime
syndicate; or
2. Marijuana is being cultivated on federal land, including federally-recognized Tribal lands; or
3. Marijuana cultivation is causing environmental hazards, depleting or contaminating water, or
otherwise harming public lands; or
4. Marijuana cultivation is suspected to involve other federal crimes, including money laundering and
crimes impacting public health and safety.
Under Option 2, where the above criteria is not met by state and local law enforcement agencies,DEA
will provide DCE/SP funding only to state and local law enforcement agencies who demonstrate that
such funding will be used to eradicate large-scale illicit marijuana grows.
This Letter of Agreement(LOA) is entered into between the FRESNO COUNTY SHERIFF'S OFFICE,
hereinafter referred to as (THE AGENCY), and the DEA, because DEA has determined that(THE
AGENCY)has satisfied the criteria under either and/or both Option 1 or Option 2. In that regard:
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.
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Letter of Agreement 2022-17
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.
f. Capture, maintain, and share with DEA data and statistics on its marijuana eradication
efforts.
g. Follow all applicable state laws and guidelines.
h. FOR AGENCIES FUNDED UNDER OPTION 2 Certify, by signing this agreement, that
funding provided under this agreement will only be used for operations to eradicate
large-scale illicit marijuana grows.
i. 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.
j. Submit electronically a DEA monthly expenditure report,with a copy of THE AGENCY
general ledger. If applicable, attach an invoice reflecting the expenditures for equipment in
excess of$2,500,which was previously approved by DEA Headquarters, and the expenses
associated with the rental or leasing of vehicles or aircraft.
2. It is understood and agreed by the parties to this Agreement that the activities described in
paragraph one and its subparagraphs 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
consistent with state law and solely at THEAGENCY'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.
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Letter of Agreement 2022-17
3. DEA will pay to THE AGENCY Federal funds in the amount of TWO HUNDRED FIFTY
THOUSAND DOLLARS($250,000.00)for the period of October 1, 2021 to September 30, 2022,
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 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 of Indian Affairs, and/or Bureau of Reclamation) of THEAGENCY'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
Page 4 of 8
Letter of Agreement 2022-17
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.
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 notify the state/local agency whether or not the
purchase has been approved. 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 Operation Plan,they are not automatically
approved for purchase. All requests for purchases must be received in HQ/ODS by July 151n
Exemptions to 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 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.
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Letter of Agreement 2022-17
6. If DEA approves the purchase of supplies (all tangible personal property other than"equipment"
as defined by 2 C.F.R. §§ 200.313/200.314), 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. THEAGENCYagrees 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.
7. If DEA approves the purchase of equipment(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,
THEAGENCYwill use, manage, and dispose of the equipment in accordance with
2 C.F.R. §§ 200.313/200.314, 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. Payment by DEA to THEAGENCYwill be in accordance with a schedule determined by DEA
and said payment will be made pursuant to the execution by THE AGENCY of a LOA and
receipt of same by DEA. However, no funds will be paid by DEA to THEAGENCY 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 report will be documented on the September(FINAL)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 A GENCY 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 CircularA-87
(Cost Principles for State, Local and Indian Tribal Governments),and OMB Circular A-133
Page 6 of 8
Letter of Agreement 2022-17
(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(4,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-22
(10/01/2021 through 09/30/2022).
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) 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 THEAGENCYto 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.
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Letter of Agreement 2022-17
13. THE AGENCY agrees that an authorized officer or employee will execute and return to the DEA
Regional Contractor, the LOA; Electronic Funds Transfer Memorandum; Certifications
Regarding Lobbying; Debarment, Suspension, & Other Responsibility Matters; Drug Free
Workplace Requirements (OJP Form 406 1/6); and the 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 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, a Financial Status Report SF-425, 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 31't
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).
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Letter of Agreement 2022-17
Second, THE AGENCY must then register with SAM via the internet SAM www,sam.nov.
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 ofcharge.
Note: It is THE AGENCI"s responsibility to update their SAM registration annually or whenever
a change occurs.
THEAGENCY's current DUNS No. is 613665769
THEAGENCY's opportunity to enter into this Agreementwith DEA and to receive the Federal funds
expires ninety days from date of issuance. Agreement issued on March 3,2o22
FRESNO COUNTY SHERIFF'S 0 FICE
Printed Name&Signature: L. di
j- Brian Pacheco (Blue Ink Only)
Title: Chairman of Board of Supervisors of the County of Fresno Date: U " 5 )-
Agency,please submit original signed LOA &associated paperwork to your DEA Regional Contractor
DRUG ENFORCENIENT ADMINISTRATION
g WADE S HAN N O N Digitally signed by WADE SHANNON
Printed Name&Signature: Date:2022.04.08 14:17:52-07'00'
Special Agent in Charge—San Francisco Field Division Date:
SAC,please submit original signed LOA &associated papei ivork to your•Fiscal OJfce.
DEA DIVISIONAL FISCAL CLERK MUST INPUT INTO UFMS & COMPLETE THE
BOTTOM OF THIS SECTION
ACCOUNTING CLASSIFICATION/OBLIGATION NUMBER:
2022/AFF-B-OP/OM/8210000IDEA-JLE/D CE:
UFMS Input Date: DNC No,
DNO No. DDP No.
Printed Namc: Signature:
Fiscal,please submit original signed LOA &associated paperwork to your DEA Regional Contractor.
ATTEST:
BERNICE E. SEIDEL
Clerk of the Board of Supervisors
County of Fresno,Stale California
By 0
Deputy
U.S.Department of Justice
Office of Justice Programs
Office of the Comptroller
CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION AND
OTHER RESPONSIBILITY MATTERS; AND DRUG-FREE WORKPLACE REQUIREMENTS
Applicants should refer to the regulations cited below to determine the certification to which they are required to attest.Applicants should also
review the instructions for certification included in the regulations before completing this form.Signature of this form provides for compliance
with certification requirements under 28 CFR Part 69,"New Restrictions on Lobbying"and 28 CFR Part 67,"Government-wide Debarment
and Suspension(Nonpro-curement)and Government-wide Requirements for Drug-Free Workplace(Grants)."The certifications shall be
treated as a material representation of fact upon which reliance will be placed when the Department of Justice determines to award the covered
transaction,grant,or cooperative agreement.
1.LOBBYING public(Federal,State,or local)transaction or contract under a
As required by Section 1352,Title 31 of the U.S.Code,and public transaction;violation of Federal or State antitrust statutes
implemented at 28 CPR Part 69,for persons entering into a or commission of embezzlement,theft,forgery,
grant or cooperative agreement over$100,000,as defined at bribery,falsification or destruction of records,making false
28 CFR Part 69,the applicant certifies that: statements,or receiving stolen property;
(a)No Federal appropriated funds have been paid or will be (c)Are not presently indicted for or otherwise criminally or
paid,by or on behalf of the undersigned,to any person for in- civilly charged by a governmental entity(Federal,State,or
fluencing or attempting to influence an officer or employee of any local)with commission of any of the offenses enumerated in
agency,a Member of Congress,an officer or employee of paragraph(1)(b)of this certification;and
Congress,or an employee of a Member of Congress in con- (d)Have not within a three-year period preceding this application
nection with the making of any Federal grant,the entering into had one or more public transactions(Federal,State,or
of any cooperative agreement,and the extension,continuation, local)terminated for cause or default;and
renewal,amendment,or modification of any Federal grant or
cooperative agreement; B.Where the applicant is unable to certify to any of the
statements in this certification,he or she shall attach an
(b)If any funds other than Federal appropriated funds have been explanation to this application.
paid or will be paid to any person for influencing or at-
tempting to influence an officer or employee of any agency,a --
Member of Congress,an officer or employee of Congress,or 3.DRUG-FREE WORKPLACE
an employee of a Member of Congress in connection with this (GRANTEES OTHER THAN INDIVIDUALS)
Federal grant or cooperative agreement,the undersigned shall
complete and submit Standard Form-LLL,"Disclosure of As required by the Drug-Free Workplace Act of 1988,and
Lobbying Activities,"in accordance with its instructions; implemented at 28 CFR Part 67,Subpart F,for grantees,as
defined at 28 CFR Part 67 Sections 67.615 and 67.620--
(c)The undersigned shall require that the language of this cer-
tification be included in the award documents for all subawards A.The applicant certifies that it will or will continue to provide
at all tiers(including subgrants,contracts under grants and a drug-free workplace by:
cooperative agreements,and subcontracts)and that all sub-
recipients shall certify and disclose accordingly. (a)Publishing a statement notifying employees that the
unlawful manufacture,distribution,dispensing,possession,or
-- use of a controlled substance is prohibited in the grantee's
workplace and specifying the actions that will be taken against
2.DEBARMENT,SUSPENSION,AND OTHER employees for violation of such prohibition;
RESPONSIBILITY MATTERS
(DIRECT RECIPIENT) (b)Establishing an on-going drug-free awareness program to
As required by Executive Order 12549,Debarment and inform employees about--
Suspension,and implemented at 28 CFR Part 67,for prospec- (1)The dangers of drug abuse in the workplace;
tive participants in primary covered transactions,as defined at 28 (2)The grantee's policy of maintaining a drug-free workplace;
CFR Part 67,Section 67.510--
(3)Any available drug counseling,rehabilitation,and employee
A.The applicant certifies that it and its principals: assistance programs;and
(a)Are not presently debarred,suspended,proposed for debar- (4)The penalties that may be imposed upon employees for
ment,declared ineligible,sentenced to a denial of Federal drug abuse violations occurring in the workplace;
benefits by a State or Federal court,or voluntarily excluded
from covered transactions by any Federal department or agency; (c}Making it a requirement that each employee to be engaged
in the performance of the grant be given a copy of the statement
(b)Have not within a three-year period preceding this application required by paragraph(a);
been convicted of or had a civil judgment rendered against them
for commission of fraud or a criminal offense in connec- (d)Notifying the employee in the statement required by
paragraph(a)that,as a condition of employment under the grant,
(1)Abide by the terms of the statement;and
(2)Notify the employer in writing of his or her conviction for a
violation of a criminal drug statute occurring in the workplace
no later than five calendar 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. Check_if there are workplaces on file that are not identified
Employers of convicted employees must provide notice, here.
including position title,to:Department of Justice,Office of Section 67,630 of the regulations provides that a grantee that
Justice Programs,ATTN:Control Desk,810 7 Street,N.W., is a State may elect to make one certification in each Federal
Washington,D.C.20531.Notice shall include the identification fiscal year.A copy of which should be included with each ap-
number(s)of each affected grant; plication for Department of Justice funding.States and State
(f)Taking one of the following actions,within 30 calendar days agencies may elect to use OJP Form 4061/7.
of receiving notice under subparagraph(d)(2),with respect to Check if the State has elected to complete OJP Form 406in.
any employee who is so convicted--
(1)Taking appropriate personnel action against such an
employee,up to and including termination,consistent with the DRUG-FREE WORKPLACE
requirements of the Rehabilitation Act of 1973,as amended;or (GRANTEES WHO ARE INDIVIDUALS)
(2)Requiring such employee to participate satisfactorily in a As required by the Drug-Free Workplace Act of 1988,and
drug abuse assistance or rehabilitation program approved for implemented at 28 CFR Part 67,Subpart F,for grantees,as
such purposes by a Federal,State,or local health,law defined at 28 CFR Part 67;Sections 67.615 and 67.620--
enforcement,or other appropriate agency; A.As a condition of the grant,I certify that I will not engage
(g)Making a good faith effort to continue to maintain a drug- in the unlawful manufacture,distribution,dispensing,posses-
free workplace through implementation of paragraphs(a),(b), sion,or use of a controlled substance in conducting any
(c),(d),(e),and(f). activity with the grant;and
B.The grantee may insert in the space provided below the B.If convicted of a criminal drug offense resulting from a
site(s)for the performance of work done in connection with the violation occurring during the conduct of any grant activity,I
specific grant: will report the conviction,in writing,within 10 calendar days
Place of Performance(Street address,city,county,state,zip of the conviction,to:Department of Justice,Office of Justice
code)
As the duly authorized representative of the applicant,I hereby certify that the applicant will comply with the above certifications.
1.Grantee Name and Address:
Fresno County Sheriffs Office 2200 Fresno Street,Fresno,Ca 93721
2.Application Number and/or Project Name 3.Grantee IRSNendor Number
2022-17
4.Typed Name and Title of Authorized Representative
Brian Pacheco,Chairman of the Board of Supervisors of the County of Fresno
5.Signatures +� 6.Date
(BLUE INK ONLY)
ATTEST:
BERNICE E.SEIDEL WE OBSOLETE *U.S.Gov=nxntNnung Oaiu:M.405-037/40014
Clerk of the Board of Supervisors
Country of Fresno,State of California
OMB APPROVAL NO.1121-0140
*fir* ASSURANCES
The Applicant hereby assures and certifies compliance with all Federal statutes,regulations,policies,guidelines and requirements,including OMB
Circulars No.A-21,A-87,A-I 10,A-122,A-133;E.O. 12372 and Uniform Administrative Requirements for Grants and Cooperative Agreements -
28 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:
l. It possesses legal authority to apply for the grant;that a resolution,motion or 10. It will assist the Federal grantor agency in its compliance with Section 106 of
similar action has been duly adopted or passed as an official act of the applicant's the National Historic Preservation Act of 1966 as amended(16 USC 470),
governing body, authorizing the filing of the application, including all Executive Order 11593,and the Archeological and Historical Preservation Act
understandings and assurances containedtherein,and directing and authorizing of 1966(16 USC 569 a-1 et seq.)by(a)consulting with the State Historic
the person identified as the official representative of the applicant to act in Preservation Officer on the conduct of investigations,as necessary,to identify
connection with the application and toprovide such additional information may properties listed in or eligible for inclusion in the National Register of Historic
be required. 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
2. It will comply with requirements of the provisions of the Uniform Relocation properties,and by(b)complying with all requirements established by the
Assistance and Real Property Acquisitions Act of 1970(P.L.91-646)which Federal grantor agency to avoid or mitigate adverse effects upon such
provides for fair and equitable treatment of persons displaced as a result of properties.
Federal and federally-assisted programs.
11, It will comply,and assure the compliance of all its subgrantees and
3. It will comply with provisions of Federal law which limit certain political contractors,with the applicable provisions of Title I of the Omnibus Crime
activities of employees of a State or local unit of government whose principal Control and Safe Streets Act of 1968,as amended,the Juvenile Justice and
employment is in connection with an activity financed in whole or in part by Delinquency Prevention Act,or the Victims of Crime Act,as appropriate;the
Federal grants.(5 USC 1501,et seq.) provisions of the current edition of the Office of Justice Programs Financial
and Administrative Guide for Grants,M7100.I;and all other applicable
4. It will comply with the minimum wage and maximum hours provisions of the Federal laws,orders,circulars,or regulations.
Federal Fair Labor Standards Act if applicable.
12. It will comply with the provisions of 28 CFR applicable to grants and
5. 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,Intergove-mmental Review
of Department of Justice Programs and Activities;Part 42,
6. It will give the sponsoring agency or the Comptroller General,through any Nondiscrimination/Equal Employment Opportunity Policies and Procedures;
authorized representative,access toand the right to examine all records,books, Part 61,Procedures for Implementing the National Environmental Policy Act;
papers,or documents related to the grant. Part 63,Floodplain Management and Wetland Protection Procedures;and
Federal laws or regulations applicable to Federal Assistance Programs.
7. It will comply with all requirements imposed by the Federal sponsoring agency
concerning special requirements of law, program requirements, and other 13. It will comply,and all its contractors will comply,with the nondiscri-mination
administrative requirements. requirements of the Omnibus Crime Control and Safe Streets Act of 1968,as
amended,42 USC 3789(d),or Victims of Crime Act
8. It will insure that the facilities under its ownership,lease or supervision which (as appropriate);Title VI of the Civil Rights Act of 1964,as amended;
shall be utilized in the accomplishment of the project are not listed on the Section 504 of the Rehabilitation Act of 1973,as amended;Subtitle A,Title 11
Environmental Protection Agency's(EPApist of Violating Facilities and that it of the Americans with Disabilities Act(ADA)(1990),Title 1X
will notify the Federal grantor agency of the receipt of any communication from of the Education Amendments of 1972;the Age Discrimination Act of 1975;
the Director of the EPA Office of Federal Activities indicating that a facility to be Department of Justice Non-Discrimination Regulations,28 CFR Part 42,
used in the project is under consideration for listing by the EPA. Subparts C,D,E,and G;and Department of Justice regulations on disability
discrimination,28 CFR Part 35 and Part 39.
9. 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, In the event a Federal or State court or Federal or State administrative agency
approved December 31, 1976,Section 102(a)requires,on and after March 2, makes a finding of discrimination after a due process hearing on the grounds of
1975,the purchase of flood insurance in communities where such insurance is race,color,religion,national origin,sex,or disability against a recipient of
available as a condition for the receipt of any Federal financial assistance for funds,the recipient will forward a copy of the finding to the Office for Civil
construction or acquisition purposes for usein any area that has been identified Rights,Office of Justice Programs.
by the Secretary of the Department of Housing and Urban Development as an
area having special flood hazards. The phrase"Federal financial assistance"15. It will provide an Equal Employment Opportunity Program if required to
includes any form of loan,grant,guaranty,insurancepayment,rebate,subsidy, maintain one,where the application is for$500,000 or more.
disaster assistance loan or grant,or any other form of direct or indirect Federal
assistance. 16. 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.
S
Signature Brian Pacheco,Chairman of the Board of Supervisors of the County of Fresno Date
Agency Name&LOA Number: County of Fresno,LOA#2022-17
ATTEST:
BERNICE E.SEIDEL
Clerk of the Board of Supervisors
County of Fresno,State of California
B
Y
npnuty
FOR ACCOUTING USE ONLY:
ORG: 31116311
Account: 4380
Fund: 0001
Subclass: 10000