Loading...
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 2