HomeMy WebLinkAboutPD16-155 - Extension - DEA - State and Local HIDTA Task Force Agreement - 10/01/2016Appendix F
STATE AND LOCAL HIDTA TASK FORCE AGREEMENT
This agreement is made this first 11"¡ day of October 2016,between the United States
Department of Justice, Drug Enforcement Administration (hereinafter "DEA"), a¡¿ the Kent
Police Department (hereinafter "KPD"). The DEA is authorized to enter into this cooperative
agreement conceming the use and abuse of controlled substances under the provisions of 21
u,s.c, $ 873.
Whereas there is evidence that uafficking in narcotics and dangerous drugs exists in the Greater
King County area and that such illegal activity has a substantial and detrimental effect on the
health and general welfare of the people of Washington, the parties hereto agree to the following:
l. The DEA SeaTac HIDTA Task Force (Group D-22) will perform the activities and duties
described below;
a. disrupt the illicit drug traffic in the Greater King County area by immobilizing targeted
violators and traffrcking organizations;
b. gather and report intellìgence data relating to lrafficking in narcotics and dangerous
drugs; and
c. conduct undercover operations where appropriate and engage in other traditional
methods of investigation in order that the task force's activities will result in effective
prosecution before the courts of the United States and the State of Washinglon.
2. To accomplish the objectives of the DEA SeaTac HIDTA Task Force (Group D-22), the KPD
âgrees to detaii one (l) experienced offìcer(s) to the DEA SeaTac HIDTA Task Force (Group D-
22) for a period of not less thm two years. During this period of assignment, the KPD officers
will be under the direct supervision and control of DEA supervisory personnel assigned to the
task force.
3. The KPD officers assigned to the task force shall adhere to all DEA policies and procedures.
Failure to adhere to DEA policies and procedures shall be grounds f'or dismissal from the task
force.
4, The KPD officers assigned to the task force shall be deputized as task force offrcers of DEA
pursuant to 2l USC 878,
5, To accomplish the objectives of the DEA SeaTac HIDTA Task Force (Group D-22), DEA will
assign three (3) Special Agents to the task force, HIDTA will also, subject to the availability of
annually appropriated funds or any continuing resolution thereof, provide necessary funds and
equipment to support the activities of the DEA Special Agents and six (6) officers assigned to the
task force. This support will include: office space, offrce supplies travel funds, funds for the
purchase of evidence and information, investigative equipment, training and other support items.
6. During the period of assignment to the DI,A SeaTac HIDTA Task Force (Group D-22),the
KPD will remain responsible for establishing the salaries and benefits, including overtime, of
the KPD offrcers assigned to the task force and lor making allpayments due them. HIDTA will,
subject to availability of funds, reimburse the Kent Police Department for overtime payments
made by it to the KPD officers assigned to the DEA SeaTac HIDTA Task Force (Group D-22)
for overtime, up to a sum equivalent to 25 percent of the salary of a GS-I2, Step 1 (RUS) federal
employee, cunently $17,753.00, per officer. Nole: Task Force Officer's overtime "Shall not
Ínclude øny costsfor beneJils, srch as retiremenl, FICA, and other expenses."
7. In no event will the Kent Police Department charge any indirect cost rate to DEA for the
administration or implementation of this agreement.
8. The Kent Police Department shall maintain on a current basis complete and accurate records
and accounts of alI obligations and expenditures of funds under this agreement in accordance
with generally accepted accounting principles and instructions provided by DEA to facilitate on-
site inspection and auditing of such records and accounts.
9. The Kent Police Department shall permit and have readily available for examination and
auditing by DEA, the United States Depârtment of Justice, the Comptroller General of the United
States, and any oftheir duly authorized agents and representatives, any and alì records,
documents, accounts, invoices, receipts or expenditures relating to this agreement. The Kent
Police Department shall maintain all such reports and records until all litigation, claim, audits
and examinations are completed and resolved, or for a period of three (3) years after termination
of this agreement, whichever is later.
10. The Kent Police Department shall comply with Title VI of the Civil Rights Act of 1964,
Section 504 of the Rehabititation Act of 1973,the Age Discrimination Act of 1975, as amended,
and all requirements imposed by or pursuant to the regulations of the United States Department
of Justice implementing those laws, 28 C.F.R. Part 42, Subparts C, F, G, H and I.
I 1. The KPD agrees that an authorized officer or employee will execute and retum to DEA the
attached OJP Form 4061/6, Certification Regarding Lobbying; Debarment, suspension and Other
Responsibility Maners; and drug-Free Workplace Requirements. The KPD acknowledges that
this agreement willnot take effect and no federal funds will be awarded until the completed
certification is received.
12. When issuing statements, press releases requests for proposals, bid solicitations and other
documents describing projects or programs ñlnded in whole or part with federal money, the
KPD shall clearly state: (l) percentage of the totaI cost of the program or project which witl be
financed with federal money and (2) the dollar amount of federal funds for the program or
project.
13. The KPD understands and agrees that HIDTA will provide the DEA SeaTac HIDTA Task
Force (Group D-22) Offlrcers with vehicles suitable for surveillance. HIDTA through DEA will
fumish mobile radios for installation in the HIDTA Task Force vehicles and HIDTA will assume
the cost of installation and removal. HIDTA will be linancially responsible for the purchase of
fuel for the leased vehicles and for providing routine maintenance, i.e,, oil changes, lubes and
minor tune-ups via the HIDTA lease contractor. DEA and HIDTA procedures for reporting and
investigating automobile accidents involving Official Government Vehicles (OGV'S)-HIDTA
lease vehicles shall apply to accidents involving the leased vehicles furnished to the KPD
personnel, in addition to whatever accident reporting requirements the KPD may have.
14. While on duty and acting on task force business, the KPD offÌcers assigned to the HIDTA
øsk force shall be subject to all DEA and federal govemment rules, regulations and procedures
governing the use of OGV's for home to work transportation and for personal business. The
HIDTA Executive Committee acknowledges that the United States is liable for the actions of
task force ofücer, while on duty and acting within the scope of their federal employment, to the
extent permitted by the Federal Torts Claim Act.
15. The term of this agreement shall be effective from the date in paragraph number one until
September 30,2A17. This agreernent may be terminated by either party on 30 days advance
,nvritten norice. Billing for all outstanding obligations must be received by DEA within 90 days of
the date of termination of this agreement. HIDTA will be responsible only for obligations
incurred by Kent Police Department during the telm of this agreement.
For the Drug Enforcement Administration
Date î-t5-àc/g
Name: Keith R. Weis
Title: Special Agent in Charge (SAC)
For Department
Date
Name
Title: Chief of Police
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 certifìcation to which they are required to attest.
Applícants should also review the instructions for certification included in the regulations before completing this form.
Signature of this form provides for compliance with certifìcation 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 cerlìlìcations shall be treated as a material
representation of fact upon which reliance will be placed when the Department of Juslice determines to award the
covered transaclion, granl, or cooperative agreement.
1. LOBBYING public (Federal, Stete, or locel) trensâc1¡on or contrect under a
publ¡c transac{ion; violation of Federal or State antitrust statutes
o¡ commission of embezz lement, theft, forgery,
bribery, falsifìcâtìon or destruction of records, making false
statemenls, or receiving stolen propertyi
As required by Section 1 352, Title 31 of the U.S Code, and
¡mplemented at 28 CFR Pârt 69, for persons entering into a
grant or cooperative agreement over $100,000, as defned at
28 CFR Part 69, the applicãnt cerlifies thet:
(a) No Federal appropriated funds have been patd or will be
paid, by or on behalfofthe undersigned, to any person for
in- fluencing or attempting to influence an ofilcer or
employee of any agency, a Member of Congress, an
otficer or employee of
Congress, or an employee of e Member of Congress in con-
nection w¡th the making of any Federal grant, the enlering ¡nto
of any cooperative agreemenl, and the extens¡on, cont¡nuation,
renewal, amendment, or modification of any Federal grant or
cooperat¡ve agreernent;
(b) lfany funds other than Federal approprrated funds have
been paid or will be paid to any person for influencÌng or at-
tempt¡ng to influence an offìcer or employee of any agency, a
Member of Congress, an offìcer or employee of Congress, or
an employee of a Member of Congress in conneçtion with this
Federal grant or cooperative ag¡'eement, lhe und€rsigned shall
complete and submrt Standard Form - LLL, "Disclosure of
Lobbying Activities," in accordance w¡th ¡ts ìnslructi0ns;
(c) The undersigned shall requ¡re that the language of this cer'
tification be included ¡n the award documents for all subawards
et all tiers (incìuding subgrants, conlracts under grants and
cooperative egreernents, and subcontracts) and that all sub-
recip¡ents shell certify and disclose accordingly.
2. DEBARMENT, SUSPENSION, AND OTHER
RESPONSIBILIW MATTERS
{DTRECT RECIPIENT)
As required by Execulive Order 12549, Deþarment end
Suspension, and ¡mplemented at 28 CFR Part 67, for prospec-
Tive participants in primary covered transactrons, as defined ât
28 CFR Part 67, Section 67.510-
A. Ihe applicañt cedifiês that it and ils princ¡pals:
(a) Are not presently debarred, suspended, proposed for debar-
ment, declared ineligible, senlencÆd to a denral of Federal
benefits by a State or Federal court, or voluntarily excluded
from covered transactions by any Federal department
or agency;
(b) Have not within a three-year period preceding thìs applica-
tion been convicted of or had a civil iudgment rendered against
thêm for commìssion of fraud or a criminal otfense in connec-
lion with obtaining, at'tempting to obtain, or performing a
(c) Are not presently indicled for 0r olherwtse crimtnally or
civ¡lly charged by a governmental enlity (Federal, Stale, or
local) with commission of any of the offenses enurnerated in
paragraph (1)(b) ol this cedification; and
(d) Have not wíthin a three-year period preceding th¡s epplica-
t¡on hâd one or more publ¡c transâctions (Federal, State. or
local) terminated for cause or default; and
B. Where the applicent rs unable t0 cerlify to any 0f the
slalements in this certifìcation, he or she shall attaôh an
explanation to th¡s appl¡câtion.
3. DRUG.FREE WORKPI.ACE
(GRANTEES OTHER THAN INDIVIDUALS)
As req uired by the Drug-Free Workplace Act of 1 988, and
implemented at 28 CFR Part 67, Subpa¡.t F, for grantees, as
defìned at 28 CFR Part 67 Seclions 67.615 and 67.620-
A. Ths appl¡cent cerlifies that it will or w¡ll continue to provide
a drug-free workplace by:
(e) Publishiñg â statement notitying employees lhat the
unlawful manufaclure, distribution. dispensing, possession, 0r
use of a controlled substance is prohibited ¡n the gren{ee's
workplace and specifying the actions that will be taken against
employees for violåtion of such prohibition;
(b) Establishing an on-going drug-free awareness program to
inform employees âbout-
(1 ) The dangers of drug abuse in lhe workplaÇe;
(2) The grantee's policy of marntain¡ng a drug{ree woÍkplace,
(3) Any avâ¡lable drug counselng, rehabilitation. and employee
assislance programs; and
(4) The penalt¡es that may be imposed upon employees for
drug abusê violations occuffing in the workplacê:
(c) Making it a requrement that each employee to be engaged
¡n the performence of ihe grant be given a copy of the state-ment
required by paragraph (a):
(d) Notifying the employee in the statement required by para-gtaph
(a) that, as â cond¡tion of employment under the grant,
the employee will-
(1) Ab¡de by the tems of the statement; and
(2) Nol'fy the employer in writìng of his or her convictton for a
violalion of a criminal drug statute occurr¡ng ¡n the workplace
no later then five calendar days after such conviction;
(e) Notify¡ng the agency, ¡n writ¡ng, wilhin 10 câlendar days
after receiving notice unde¡ subparagraph (d)(2) from an
employee or otheM¡se receiving actual notice of such convic-tlon.
Employers of convicted employees must provide notic€, including
position title, to: Department of Justice, Office of
Justice Programs, ATTN: Control Desk, 633 lndiana Avenue,
N.W., Washington, D.C. 20531. Notice shall include lhe iden-
lfication number(s) of êach affected grant;
(0 Taking one of the folf ow¡ng âclions, within 30 catendar
days of recæiving notice under subparagraph (d)(2). with
respect to any employee who is so convicted-
(1) Taking appropriate personnel action âgainst such en
employee, up to and ¡ncluding terminalion, consistent with the
requirements of the Rehabilitat¡on Act 0f 1973, as âmended; or
(2) Requiring such employee to participate satisfactorily in a
drug abuse assistance or rehabilitation program approved for
such purposes by a Federal, State, or local health, lawenforce-
ment, or other appropr¡ate agencyì
(g) Making a good faith effort to contrnue to maintain a drug-
free workplace through implementation of paragraphs (ä), (b)
(c), (d), (e), and {f).
B. The grentee may inserl ¡n the spece provided below the
site(s) for the performance of work done in connection wilh
the spec¡fic grant:
Place of Performance (Street address, city, county, stete, zip
code)
SeaTac HlDTATask Force (Group D-22)
300 sth Ave, Suite 1300
seâttle, wA 98104
c
h
eck rr if there are workplaces on file thatare not rndentified
here
Seciion ô7, 630 of the regulattons provides that â grantee that
is a State may elect to make one cêrlification in each Federal
fiscal yeår. A copy of whrch should be included with each ap-plicat¡on
for Dêpartrnênt of Justice funding. Stãtes ând State
agencies may elect to use OJP Form 4061fi.
40ün.
DRUG-FREEWORKPLACE
(GRANTEES WHO ARE IND¡VIDUALS)
As required by the Drug-Free Workplace Act of 1988, and
implemented at 28 CFR Part 67, Subpart F, for granlees, as
defined at 28 CFR Part 67; Sections 67.61 5 and 67 620-
A. As a condition of the grant, I certify lhat I will not engage
in the unlawful manufaclure, distribution, dispensing, posses-sion,
or use of a controlled substance in conducting any
activity with the grant; and
B. lf convicted of a criminal drug offense resulting from a
violation occurr¡ng during the conduct of aßy gfant actrvity, I
will report the conviction, in writ¡ng, wilhin 10 câlendar days
of lhe c0nv¡c{ion, to: Departrnènt of Justice, Office of Justice
Programs, ATTN: Control Desk,810 Seventh Street NW.,
Washington, DC 20531.
As lhe duly authorized representat¡ve of the applicant, I hereby cert¡fy lhat the applicant will comply with the âbove certifications.
'1. Grantee Name end Address:
Kent Police Oeparlment
220 4rh Ave South
Kent WA 98032
2. ApÞlication Number and/or Project Neme
DEA SeaTac HIDTA Task Force (Group D-22)
3. Grantee lRSA,iendor Nurnber
4. Typed Name and Title of Authorized Representative
Ken Thomas, Chief of Police - Kent Police Department
5. Signalure 6. Date
ö7 u lø