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HomeMy WebLinkAboutPD16-155 - Extension - DEA - State and Local HIDTA Task Force Agreement - 10/01/2019Appendix F STATE AND LOCAL HIDTA TASK FORCE AGREEMENT This agreement is made this 15` day of October 2019, between the United States Department of Justice, Drug Enforcement Administration (hereinafter "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 21 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 agree to the following: 1. The Seattle Enforcement Group D-22 Task Force 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 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 Washington. 2. To accomplish the objectives of the Seattle Enforcement Group D-22 Task Force, the KPD agrees to detail (1) experienced officer(s) to the Seattle Enforcement Group D-22 Task Force for a period of not less than 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 for dismissal from the task force. 4. The KPD officers 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 Seattle Enforcement Group D-22 Task Force DEA will assign (3) Special Agents to the task force. KPD and DEA anticipate that funding of the Task Force may be provided by HIDTA to cover costs to include: office space, travel funds, office 10/2019 supplies, purchase of evidence and information, investigative equipment, training and other support items. HIDTA funding is subject to annual approval of the HIDTA Executive Board and to annually appropriated funds for the HIDTA program. 6. During the period of assignment to the Seattle Enforcement Group D-22 Task Force the KPD will remain responsible for establishing the salaries and benefits, including overtime, of the KPD officers assigned to the task force and for making all payments due them. Funding for reimbursement to the Valley Narcotics Enforcement Team "VNET" on behalf of the Kent Police Department for overtime incurred by Task Force officers may come from HIDTA subject to annual approval of the HIDTA Executive Board and to annually appropriated funds for the HIDTA program. This does not exclude the possibility of overtime reimbursement funding from additional sources. Overtime reimbursement shall not exceed a sum equivalent to 25 percent of the salary of a GS -12, Step 1 (RUS) federal employee, currently $18,649.00, per officer. Note: Task Force Offrcer's overtime "Shall not include any costs for benefits, such as retirement, FICA, and other expenses." 7. In no event will Kent Police Department charge any indirect cost rate to DEA for the administration or implementation of this agreement. 8. KPD shall maintain on a current basis complete and accurate records and accounts of all 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. KPD shall permit and have readily available for examination and auditing by DEA, the United States Department of Justice, the Comptroller 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. KPD 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. 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 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. 11. KPD agrees that an authorized officer or employee will execute and return to DEA the attached OJP Form 4061/6, Certification Regarding Lobbying; Debarment, suspension and Other Responsibility Matters; and drug -Free Workplace Requirements. KPD acknowledges that this agreement will 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 programs funded in whole or part with federal money, KPD shall clearly state: (1) percentage of the total cost of the program or project which will be 10/2019 financed with federal money and (2) the dollar amount of federal funds for the program or project. 13. KPD and DEA may request that funding be provided by HIDTA to provision Task Force Officers with leased vehicles suitable for surveillance, installation of mobile radios in the HIDTA Task Force vehicles, fuel, and routine maintenance. Procedures for reporting and investigating automobile accidents involving Official Government Vehicles (OGV'S) shall apply to accidents involving the leased vehicles furnished to the KPD personnel, in addition to whatever accident reporting requirements KPD may have. 14. While on duty and acting on task force business, the KPD officers assigned to the HIDTA task force shall be subject to all DEA and federal government rules, regulations and procedures governing the use of OGV's for home to work transportation and for personal business. DEA acknowledges that the United States is liable for the actions of a 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, 2020. 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. For the Drug Enforcement Administration: Date: Name: Keith Weis Title: Special Agent in Charge (SAC) For the Kent Police Department 7 � Name Rafael Padilla Title: Chief of Police io/zoie J U.S. DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PROGRAMS UA140'; 00OFFICE OF THE COMPTROLLER CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS; AND DRUG-FREE WORKPLACE REQUIREMENTS Applicants should refer to the regulations dted 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 from. 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 Department and Suspension (Nonprocurement) and Government -wide Requirements for Drug -Free Workplace (Grants)" The certifications shall be treated as a material representation of fact upon 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) t ansa lion or contract under a public iransaciron; . violation off Federal or Stat antAmsl As required by Section 1352 Title 31 of the U.S. Code, and statutes or, commission of embezzlement, thea forgery, implemented at 28 CFR Pad b'9 for gg,ns entering into a rant briber falsecation , or destruction of records, making alse or cooperative agreement over $10(000, as defined at 28 O state n�ants, or receiving stolen property; Part 69, the applicant certifies that: ad b (a) No Federal appropriate funds have been paid or will be paid, 6y or on behaN of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any Federal ggrant, the entering into of any cooperative agreement, and extension, continuation, renewal, amendment, or modification of any Federal grant or cooperative agreement; (b),If any funds other than Federal appropriated funds have been f aId or will be aid to any person for mfluencln or attempting to IDfluence an officer or empployee if any agen�yI a Member of congress, a44 officer or emproyee o. Congress, or an employee of a Member of Con ress in connection with this Federal grant or cooperative a9ree�ne nt, the undersi Ted shall oomplee and submit Standard Form LLL, 'yDisclosure of Lobbying Actrvdles," in accordance with its instructions; undersigned shall require that the Ian gua a of this car- cooperative er- x:abon bg, included In the award documents for all subawards at all tiers, encludmg nts, and contracts under grants and cooperabve a rerli as, and subcontracts) and that all sub- recipienis shall certi and disclose accordingly. g.E�rpl(€Nj',,�p,FE��ION, AND OTHER As required b Executive Order 12549, Debarment and Suaponsign, anu imparlevmented at 28 CFR Prt67 f r p,,We?,l g �FRcl an 67i nBctmn co pre transactions, a§ ae me a A. The applicant certifies that Rand its principals: (a) Are not present ly, debarred, suspended, proposed for debar- ment declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency; (cl Are not presently indicted for or otherwise criminally or civi,ll cllffarmis mission a any of th ial enre (Federal, State, or local) whit (b) of this certification; and offenses enumerated In paragraph (1) ((d) Have not within athree-year period {receding this application fiatl one or more public transactions `Federal, Stale, or local) terminated for cause or default; and B. Where the applicant is unable to certify to any 3. DRUG-FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) Free Workplace dello dale BaCFRe PaFDrR'Wart Seto sbbP76 5Afor g67820s,aas drugTpe ippollcaptcccVi ies that it will or will continue to provide a (a) Publishing a statement noti mg employees that the unlaw{�I manufacture, distribution, ispensinn possession, or use of a controlled substance is prohibilMin the hgrantee's workplace and sppeeifyin the actions, that will be take against (ehhml ployees for vroladon of such prohibition; ltto Estamp,jhln%aebo°nt9oing drug-free awareness program to (1) The dangers of drags abuse in the workplace; (2) The grantee's policy of maintaining a drug -tree workplace; a3� Ala available druya counseling, rehabilitation, and employee sIs rice programs;%n he �Ogaaaons o�utrrina�inglirape r�cepiacpeon employees for drug sc) Making it a requirement that each employee to be enfga ed in rb) Have not within athree-year period preceding this application he performance of the rant be given a copy of the sat nment been convicted of or had a civil,tudgme t rendered against them required by paragraph (a? ; for commission of fraud or a criminal ofaense in connection with obtaining, attempting to obtain, or performing a (d) Not ((vvIng the employeein the statement required b paragraph aa� that, as a condition of employment under the gran, the employ will- of the statements in this cedifica llo n, he or she shall attach an explanation to this appliption. 3. DRUG-FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) Free Workplace dello dale BaCFRe PaFDrR'Wart Seto sbbP76 5Afor g67820s,aas drugTpe ippollcaptcccVi ies that it will or will continue to provide a (a) Publishing a statement noti mg employees that the unlaw{�I manufacture, distribution, ispensinn possession, or use of a controlled substance is prohibilMin the hgrantee's workplace and sppeeifyin the actions, that will be take against (ehhml ployees for vroladon of such prohibition; ltto Estamp,jhln%aebo°nt9oing drug-free awareness program to (1) The dangers of drags abuse in the workplace; (2) The grantee's policy of maintaining a drug -tree workplace; a3� Ala available druya counseling, rehabilitation, and employee sIs rice programs;%n he �Ogaaaons o�utrrina�inglirape r�cepiacpeon employees for drug sc) Making it a requirement that each employee to be enfga ed in rb) Have not within athree-year period preceding this application he performance of the rant be given a copy of the sat nment been convicted of or had a civil,tudgme t rendered against them required by paragraph (a? ; for commission of fraud or a criminal ofaense in connection with obtaining, attempting to obtain, or performing a (d) Not ((vvIng the employeein the statement required b paragraph aa� that, as a condition of employment under the gran, the employ will- (1) Abide by the terms of the statement; and Seattle Enforcement Group D-22 (2) Notify the em to er in writing of his or her conviction fora 300 5th Ave, suite 1300 vi0latbn of a cnmna�dmg statute occurring, in the workplace no lalerthan five calendardays after such conviction; Seattle, WA 98104 (e) Noll(ying the a e c , in writing, with calendar dgs after tecerving notice �I11 e� subparagraph. `a)�)) from an erripl0 a Check f there are workplace on file that are not identified or otherwise receiving actual notice of.�such.conw�tiE,n. r here. Emptop of convicted mployees must .row � lot; in u InS �osibon title too De artment of Jus ince, ice of �ustrc ro rpms, ATTN: Co�itrol Desk, g33 , ndiaDa Avenue, N.W., Section 67, 630 of the re ulations pp ovioes that a gran ee that is Was in t n D.C. 2 531. Notice shall include the alent�cabon a Slate may electto mak on cepi�iCation rn each Fer}eral fiscal nu mIerts�ofieach affacted grant; ear. A copy of wh'� h sho i�be and ded with a ch application Tor Department of Justice undin Sbtales and tate agencies may elect to use OJP Form 4061177. receiving g the. Tollowin actions, within 30 length days of recy employee notice us so subpar graph (dj( �, with respect to any employee who is so conwdea- (1) Taking ap ropriate p rsonnel .action against such an employee, up ro ar5 includeing termmation consistent wAh the reg0tr mems o the ehabilitatron Act of 19y3, as amended; or Check r if the Stale has elected to complete OJP Form 4061/7. DRUG-FREE WORKPLACE (GRANTEES WHO ARE INDIVIDUALS) (2) se ai sig such employee to p pate sl approve in a ding Ira required b the Dru44 Free W rkplace Ad of 1988, and abuse assrs�a Fe of rehabilitationol pr��rar� a I rove for sect, Mi e d a t28 ayt 28 CFR ; rt do Se 7. 15 F, for r ntees, as purposes by a Federal, State, or loca ea th, lapw en orcement, Mined at 28 GFR Part 67; ?actions 67.615 and 67.G2�- or other appropriate agency; A. Asa ndition of the grant,. I certify that I will not engage in (g) Making a good faith effort to continue to maintain a drug- free the unlawful manufacture, distnbutipn, dos .ensin possaon workplace through implementation of paragraphs (a). @), (c), (d), or use of a controlled substance in con�itron dgny activity with (e), and (f). the grant; and B. The grantee ma insert in tie space. provided below the site B. If convinced of a criminal drug offense resulting, from a ((s) fp the erform nce of work done in connection with the violation occurring during the oonduct of any grant actMty, I will §peci�ic grant. report the conviction, in writing, within 10 calendar days of the conviction, to: Department of Justice, Office of Justice Programs, Pla� of Performance (Street address, city, country, state, zip D C 20531ntroI Desk, 633 Indiana Avenue, N.W., Washington, co e� As the duly authorized representative of the applican6 I hereby certify that the applicant will comply with the above cedificalions. 1. Grantee Name and Address: Kent Police Department 220 9th Ave South Kent, WA 98032 2. Application Number and/or Project Name Seattle Enforcement Group D-22 4. Typed Name and Title of Authorized Representative Rafael Padilla, Chief of Police — Kent Police 5. Signature 3. Grantee IRSNend or Number 6. Date Drug Enforcement Administration Asset Forfeiture Sharing Memorandum of Understanding This agreement is made this 1 'day of October, 2019, between the United States Department of Justice, Drug Enforcement Admirristration Enforcement (hereinafter "DEA"), and the Kent Police Department (hereinafter "KPD"). 1. The police agencies participating in fhe Seattle Enforcement Group D-22 Task Force, 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 Sharing Program: The following are the Task Force Pat•ticipants and their contribution to the Task Force: Participating Agencv Contribution Auburn Police Department 1 TFO Federal Way Police Department 1 TFO Kent Police Department I TFO Port of Seattle Police Department I TFO Renton Police Department I TFO Seattle Police Department 1 TFO Tukwila Police Department 1 TFO Washington State Patrol 1 TFO 2. Participants acknowledge that equitable sharing is at the discretion of the Attorney Genet•at 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 -arranged percentages: DEA shall receive 20% Valley Narcotics Enforcement Team Shall receive 80% r< The equitable sharing will be disbwsed per the agreed upon MOU signed by at the parem agencies participating in the Valley Narcotics Enforcement Team Task Force. 3, Participan ts understand that if anon-MOU member receives an equitable share based upon their contribution, Eben the MOU Participants' shares shall be reduced proportionately (e.g., if non-MOU agency C receives 10% based upon their contribution, then the MOU Participants' pre -arranged percentages shall be based upon 90% of the full amount available for sharing). 4. Participants further understand that additional adjustments maybe necessary so to ensure that DEA (DOJ) receives a minimum of 20%. 5. Participants further understand that the federal decision -makers on each equitable sharing request retain discretion to modify percentages as deemed appropriate based on the facts and circumstances in each case. For t�Drug Enforcement Administration: Reith Weis Special Agent in Charge For the Kent Police Departnnent: Chief of Police Date: �i2/(U9