HomeMy WebLinkAboutPD16-155 - Extension - DEA - State and Local HIDTA Task Force Agreement - 10/01/2018Appendix F
STATE AND LOCAL HIDTA TASK FORCE AGREEMENT
This agreement is made this first il"¡ day of October 2018, between the United States
Department of Justice, Drug Enfolcement Administlation (hereinaftet "DEA"), and the Kent
Police Department (hereinafter "KPD"). The DEA is authorized to enter into this cooperative
agreement concerning the use and abuse of controlled substances under the provisions of 2l
u.s.c. $ 873.
Whereas there is evidence that trafficking 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 agrce to the following:
1. 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 trafficking organizations;
b. gather and report intelligence data relating to trafficking in narcotics and dangerous
drugs; and
c. conduct underbover operations where appropriate and engage in othel 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 Washington,
2. To accomplish the objectives of the DEA SeaTac HIDTA Task Force (Group D-22), the KPD
agrees to detail one (l) experienced ofücer(s) to the DEA SeaTac HIDTA Task Force (Group D-
22) for a period of not less than two years. During this period of assignment, the KPD officers
will be under the direct supelvision and control of DEA supervisory personnel assigned to the
task force.
3. The KPD off,rcers assigned to the task force shall adhere to all DEA policies and procedures
Failur.e to adhere to DEA policies and procedures shall be grounds for dismissal from the task
force.
4. The KPD offìcers assigned to the task force shall be deputized as task force officers of DEA
pursuant to 21 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 necessaly funds and
equipmentûo support the activities of the DEA Special Agents and six (6) officers assigned to the
tasklorce. This support will include: office space, offtce supplies travel funds, funds for the
purchase of evidence and information, investigative equipment, training and other suppott items.
6. During the per.iod of assignment to the DEA SeaTac HIDTA Task Force (Group D-Z?),the
KPD wiú t.*ãin responsible for establishing the salaries and benefits, including overtime, of the
KPD offi.cers assigned to the task force and for making all payments due them, HIDTA will,
subject to availability of funds, reimburse the Valley Narcotics Enforcement Team .'VNET" on
behalf of the Kent Police Department for oveftime 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
equÑalent to 25 percent of the salary of a GS-12, Step I (RUS) federal employee, currently
6i8,343.75, per officer. Note: Task Force Officer's overlìme "Shnll not include any coslsfor
beneJils, such as relirement, FICA, and other expenses."
7. In no event will the Kent Police Department charge any indirect cost rate to DEA for the
administlation or implementation of this agreement.
8. The KPD shall maintain on a cuüent basis complete and accurate records and accounts of all
obligations and expenditures of funds under this agreement in accoldance with generally
ur".pt.d accounting principles and instructions provided by DEA to facilitate on-site inspection
and auditing of such records and accounts,
9. The KPD shall permit and have readily available for examination and auditing by DEA, the
United States Department of Justice, the Conrpttoller General of the United States, and any of
their duly authorized agents and representatives, any and all records, documents, accounts,
invoices, receipts or expenditures relating to this agreement. The KPD shall maintain all such
repofts and recirds until all litigation, claim, audits and examinations are completed and
resolved, or for a period of three (3) years after termination of this agteement, whichever is later'.
10, The KpD 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 I975, 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' Paft 42, Subparts C, F, C, H and I'
I l. The KPD agrees that an authorized officer ot employee will execute and return to DEA the
attached OJP Form 406116,Cefüfication Regarding Lobbying; Debarment, suspension and Other
Responsibility Matters; and drug-Free Workplace Requirements. The KPD acknowledges that
thisigreem"nt *ilt not 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 pïograms funded in whole or patt with fèderal money, the KPD
shall clear{y state: (l jpercentage of the total cost of the program or project which will be
frnanced 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) Task Force Offrcers with vehicles suitable fot 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 financially 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 Ofücial 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 oflicers assigned to the HIDTA
task force shall be subject to all DEA and federal govel'nment 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 officer, 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 30,2019. This agreement may be terminated by either party on 30 days advance
written notice. 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 fot obligations
incumed by Kent Police Department during the term of this agreement.
For the Drug Enforcement Administration:
K Date: 1-Y -70 I9
Name: Keith R. 'Weis
Title: Special Agent in Charge (SAC)
For the Kent Police Department
Date: 06 -"6'I
Name:Padilla
Title: Chief of Police
U.S. DEPARTMENT OF JUSTICE
OFFICE OF JUSTICE PROGRAMS
OFFICE OF THE COMPTROLLER@
CERTIFICATIONS REcARDING 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 arê required to attest'
ÂñffiË Ànouto alro r"uiä* tttä ¡nitruct¡ons for certification included in the regulations before completing this form.
sií"rtri" "ïinis
form prouiãã"tot àomptiance with certification requirements under 28 cFR Part 69, "New
Restrictions on Lobbying', "nJzg
cFR þart 67, "Governmenþwide Debarment and suspension (Nonpro'curement) and
Government-wiOe nequirenìents for Drug-Free Workplace {Gralts!'The.certifìcations shall be treated as a material
,"ùäiátiñ ot tact üpon *ñicn relianc-e will be ptaced wÈen the'Deparlment of Justice determines to award the
covered lransaction, grant, or cooperative agreement'
I. LOBBYING
As required bv Section 1352, Title 31 of the U'S' Code, and
¡mpterirenteU ãt 28 CFR Part 69, for persons-enterlng lnto a
oräni or'
"oopetat¡ve
agreement over $1 00,000, es defined at
ãA Cfn Part 69, the applicant cert¡fies that:
(a) No Federal appropriated funds have been paid or will be
àã¡¿. bv ot on ¡etratf ôt tne undersigned, to any person for
influenó¡ng or attempting to influence an officer or employee
of any ageìcy, a Member of Congress, an- officer or
emplóye-e of ôongress, or an employee of-a Member of
conoráss in conn-ection with the making of any Federal
gràni, tne entering into of any cooperative agreement, and
the extension, continuation, renewal, amendment' or
moclification of any Federal grant or cooperative agreemenl;
(b) lf anv funds other than Federal appropriated funds have
Èden paiO or will be paid to any person.for influencing or at-
temotinq to influence an officer or employee of any agency' a
Membei of Congress, an off¡cer or employee of Gongress' or
ãn àmploy"e of ã Member of Congress in connection w¡th this
Éãooåf g?"nt or cooperative agreement, theundersigned shall
complétã an¿ submii Standard Form ' LLL, "Disclosure of
LobÉying Activitles," in accordance with its instructions;
lc) The undersisned shall require that the language of this cer-
iñícation ¡e ¡nclided in the award documents for all subawards
åi all tiers (including subgranls, çontracts undergrants.and
ðoãp"ràtivè agreerients, and subcontracls) end that all sub-
reciþients shail cert¡fy and disclose accordingly'
public (Federal, State, or local) transaclion or contract under a
þublic iransaction; v¡olet¡on of Federal or Siate antitrust statutes
or commission of embezzlement, theft, forgery'
bribery, falsification or destruction of records, making false
statements, or fece¡ving stolen property;
(c) Are not presently indicted for or othen¡/ise criminally or
òiüilly cnarged by a governmental entity (Federal, Stale, or
locai¡ with ıommission of any of the offenses enumerated in
paragraph (1)(b) of this certificet¡on; ând
(d) Have not within a three'year period pre,ceding this applica-
iion naO one or more public transactions (Federal' State, or
local) terminat€d for cause or default; and
B. Where the applicant ¡s unable to certify to any of the
statements in this cert¡t¡cation' he or she shall attach
an explanation to this application,
3. DRUG.FREE WORKPLACE
(GRANTEES OTHER THAN ¡NDIVIDUALS)
As required by the Drug-Free Workplace Act-of 1988, and
implemented ât 28 CFR Part 67, subpart F, for grantees' as
deiined at 28 CFR Part 67 Sections 67.615 end 67.620-
A. The applicant certifies Ìhat it will orwill continue to provide
a drug-fiee workPlace bY:
(a) Publishing a statement notifying employees that tho.
ùnlawful 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
employees for violation of such prohibition;2. DEBARMENT, SUSPENSION, AND OTHER
RESPONSIBILITY MATTERS
(DTRECT RECIPIENT)
As required by Executive Order 12549, Debarment and
Suspension, ánd implemented at 28 CFR Part 67' for prospec-
t¡* ããtti.ipánts in piimary covered transactlons, as defined at
28 CFR Part 67, Sectlon 67.51G-
A. The applicant certifies that it and its principals:
la) Are not presently debarred, suspended, proposed for debar-
iñânt, Oecláte¿ inetiginte' sentenced to a denial of Federal
i;;;iitt bt " State ır Federal court, or voluntarily excluded
from coveied transactlons by any Federal department
or agency:
(b) Have not within a three-year period precedlng this applica-
ii- ¡à"n convicted of or hãd a c¡v¡l ¡udgment rendered against
them for commission of fraud or a cr¡minel offense in connec-
iion øn obtaining, attempting to obtain' or performing a
(b)
info
Establishing an on-going drug-free awareness program to
rm employees about-
(1 ) The dangers of drug abuse in the workplace;
(2) The grantee's policy of maintaining a drug-free workplacei
(3) Any available drug counseling' rehabilitation, and employee
assistance programs; and
(4) The penaltiês that may be imposed upon employees for
orus abuse violations occurring in the workplace;
lc) Makino ¡t a reouirement that each employee to be engaged
¡n'the perfìormance of the grant be given a copy of the statement
requ¡red by paragraPh (a);
(d) Notifying the employee in the statement required by para-graph
iai ttrat, ãsã condition of employment under the grant'
the employeewill-
(1) Abid6 by lhe terms of the statement; and
(2) Notify the employer in writing of his or her conviction for a
violat¡on of a criminal drug statute occurring in the workplace
no later than five calendar days after such conv¡ct¡oni
(e) Notifying the agency, ¡n writ¡ng, within 10 calendar days
after receiving notice under subparagraph (d)(2) from an
employee or otherw¡se r€ceiv¡ng ectual notice of such convic-tion.
Employers of convicted employees must provide notico, includ¡ng
position title, to: Department of Justice, Office of
Just¡ce Programs, ATTN: Control Desk, 633 lndiana Avenue,
N.W,, Washington, D.C. 20531. Notice shall include the iden-
lfication numbe(s) of each affected granl;
(D Taking one of the following actions, within 30 calendar
days of receiving notice under subparagraph (dX2), with
respect to any employee who is so convicted-
(1 ) Taking appropriate personnel action against such an
employee, up to and including termination, cons¡st€nt with lhe
requirements of the Rehabilitation Act of 1973, as amended; or
(2) Requirlng such employee to part¡cipate satisfactorily in a
drug abuse asslstance or rehabilitation program approved for
such purposes by a Federal, State, or local health, law enforce-
ment, or other apptopriate agency;
(g) Making a good faith effort to continue to ma¡nta¡n a drug-
free workplace through implementation of paragraphs (a), (b)'
(c), (d), (e), and (0.
B. The grantee may insert in the space provided below the
site(s) for the performance of work done in connection with
the specific grant:
Place of Performance (Slreet address, city, county, state, z¡p
code)
SeaTac HIDTA Task Force (Group D-22)
300 sth Ave, Suite 1300
seattle, wA 98104
eck uuif lhere are workplaces on f¡le that are not indentified
here.
Section 67, 630 ofthe regulations prov¡des 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 Justlce fundlng. States and State
agencies may elect to use OJP Form 4061/7.
Check if the State has elected to complete OJP Form
4061
DRUG.FREEWORKPLACE
(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
def¡ned at 28 CFR Pert 67; Sections 67.615 and 67.620-
A. As a condition of the grant, ¡ certify that I will not engage
in the unlawful manufactufe, dlstribution, dispensing, posses-
sion, or use of a controlled substance in conducting any
activitywith the grant; and
B. lf convicted of a criminal drug offense resulting from a
violation occuning during the conduct of any grant activity, I
will report the conviction, in writing, within 10 calendar days
of the conviction, to; Department of Justice, Office of Justice
Programs, ATTN: Control Desk, 810 Seventh Street NW.,
Washlngton, DC 20531.
c
h
As the duly authorized representative of the applicant, I hereby certiÛ that the applicant will comply with the above certifications
Grantee Name and Addtess:
Kent Police Department
220 4rh Ave South
Kent, WA 98032
2. Application Number and/or Project Name
DEA SeaTac HIDTA Task Force (Group D-22)
3. Grantee IRSÂ/endor Number
4. Typed Name and Title of Authorized Representat¡ve
Rafael Padilla.Chief of Police - Kent Police Deoartment
5. Signature 6. Date
-18
'U.S, Governmônt Pr¡nl¡ng Ofl¡€: 1996 - 405-037/40014
Drug Enforcement Administration
Asset Forfeiture Sharing Memorandum of Understanding
This agreement is made this l't day of October, 2018, between the United States Department of
Justice, Drug Enforcement Administration Enforcement (hereinafter "DEA"), and the Kent
Police Department (hereinafter "KPD")'
L The police agencies participating in the DEA SeaTac HIDTA Task Force (Group D'22),
hereby agree to the following terms and conditions of this Memorandum of Understanding
("MOU") governing the Task Force's equitable sharing requests and participation in the United
States Department of Justice ("DOJ") Equitable Shating Program:
The following ar€ the Task Force Participants and their contribution to the Task Force
Participating Agency
Auburn Police Depafiment
Federal Way Police Department
Kent Police Department
Porl of Seattle Police DePartment
Renton Police Depafiment
Seattle Police Department
Tukwila Police Department
V/ashington State Patrol
Contribution
1 TFO
1 TFO
1 TFO
1 TFO
1 TFO
1 TFO
I TFO
1 TFO
2, participants acknowledge that equitable shaling is at the discretion of the Attomey General
and not guaranteed in any case, Participants acknowledge that sharing will not be awarded in a
case if victims have not been fully compensated. State, local, or federal government entities can
be considered victims. Equitable sharing among the Task Force members shall be based upon
the following pre-ananged percentages:
DEA shall receive 20%
Valley Narcotics Enforcement Team shall receive 80%*
sThe cquitable sharing will be disbursed per thc agreed upon MOU signed by all the palent agcncies participating in
the Valley Narcotics Þlnforccmcnt'feam Task Force,
3. participants understand that if a non-MOU member receives an equitable share based upon
their contribution, then the MOU Participants' shares shall be reduced proportionately (e.g', if
non-MOU agency C receives 10% based upon their contribtrtiono then the MOU Participants'
pre-aganged percentages shall be based upon 90% of the full amount available for shaling).
4. Participants fuither understand that additional adjustments may be necessary so to ensurc that
DEA (DOJ) receives a minimum of 200/u
5. Participants further understand that the federal decision-makers on each equitable sharing
rcquest retain discretion to modifr percentages as deemed appropliate based on the facts and
circumstances in each case.
For the Drug Enforcement Administration:
A Dare: 4- lÔ-7o l9l4r,--
Keith V/eis
Special Agent in Charge
For the Kent Police Department:
Rafael
Chief of Police
Date: 06"7b- lt
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