HomeMy WebLinkAboutPD16-155 - Extension - DEA - State and Local HIDTA Task Force Agreement - 10/01/2020ApprovalOriginator:Department:
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Type:Review/Signatures/RoutingDate Received by City Attorney:Comments:
Date Routed to the Mayor’s Office:
Date Routed to the City Clerk’s Office:Agreement InformationVendor Name:Category:
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Agreement Routing Form
For Approvals, Signatures and Records Management
This form combines & replaces the Request for Mayor’s Signature and Contract Cover Sheet forms.
(Print on pink or cherry colored paper)
Visit Documents.KentWA.gov to obtain copies of all agreementsadccW22373_1_20
HIDTA STATE AND LOCAL TASK FORCE AGREEMENT
Valley Narcotics Enforcement Team
This agreement is made this 1" day of October 2020, between the United States Department of
Justice, Drug Enforcement Administration (hereinafter "DEA"), and the Kent Police Department,
ORl# WA0170700 (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 13-22, the KPD agrees to
detail one (1) experienced officer(s) to the Seattle Enforcement Group D-22 Task Force f'or a
period of not less than two years. During this period of assignment, the KPD officers will be
tinder 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'I'ask Force, 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 KPD officers assigned to the
task force. This support will include: office space, office 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 Task Force, the KPD will remain responsible for
establishing the salary and benefits, including overtime, of the officers 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" for overtime payment. Annual
overtime for each state or local law enforcement officer is capped at the equivalent of 25% of a
GS42, Step 1, of the general pay scale for the Rest of United States. Reimbursement for all
types of qualified expenses shall be contingent upon availability of funds and the submission of a
proper request for reimbursement which shall be submitted monthly or quarterly on a fiscal
year basis, and which provides the names of the investigators who incurred overtime for DEA
during the invoiced period, the number of overtime hours incurred, the hourly regular and
overtime rates in effect for each investigator, and the total cost for the invoiced period. Invoices
must be submitted at least quarterly within 10 business days of the end of the invoiced period.
Note: Task Force Officer's overtime "shall not include any costs for benefits, such as
retirement, 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 KPD shall maintain on a current basis complete and accurate records and accounts of all
obligations and expenditures of funds tinder 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 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. The KPD shall maintain all such
reports and records until all litigation, claim, audits and examinations are completed and
resolved, or for a period of six (6) years after termination of this agreement, 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 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.P.R. Part 42, Subparts C, F, G, H and 1.
11. The 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. The 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, the KPD
shall clearly state: (1) percentage of the total cost of the program or project which will he
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 Seattle Enforcement Group
D-22 Task Force Officers with vehicles suitable for surveillance. HIDTA through DEA will
furnish 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 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 officers assigned to the H[DTA
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. 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, 20210 This agreement maybe 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 for obligations
incurred by KPD during the term of this agreement.
For the Drvg E/nforceme�nt Administration:
Name: Keith Wies
Title: Special Agent in Charge (SAC)
Por the Kent Police Department
Name: 9afael Padilla
Title: Chief of Police
_�-2ozCI
Date: 0 9 �y.t • � v
A
U.S. DEPARTMENT OF JUSTICE
OFFICE OF JUSTICE PROGRAMS
r OFFICE OF THE COMPTROLLER
CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION AND
OTHER RESPONSIBILITY MATTERS; AND DRUG -FREE WORKPLACE REQUIREMENTS
Applicants should refer to the regulations died below to deterrnine the certification to which they are requPed to
aftest. 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
Govemment-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 ubbllc etleral Stale,,aa pcaq lranradio or ce tr ct undder a
pPubf{e it o coif von o or Cede ar or S�a�e anldmsl
ims ea OnTe b 33ertlfttoo 11 2 T Ile 31 of the U.S. Code, and sletu1es o� col mission of gmbez �emenl. Ihen forqdry,
pfalnenletlU a128 Cha Part 89 �00[[ppCCr�sons enleerrin ✓n o e GG(@�7t� b IborVV, le eifical�on, or destruction o records, making raise
gr cooperative aggreement over $ita7,090, as claimed a� 28 LFIi sate moots, or teceiHng stolen property,
Par169, the app1ce of cendiea IhaL v
(a) No Federal appropriate funds have been aid or will be ak1, Cl ore not preesenl �e �t�d lot Vr1�Qhes al Slelp oa11pCal) will
�oSf' p p �n6ad � y e Fovva I Innla ontsne
or on behalf of the undersigned, to any person for Influencing �b°j of IAp, n otlfiany o a a often s enumemled m paragraph 1)
or allemptinpp to Influence an o(rleer or empDloyee of any agency,
a Member oT Congress, an officer or empbyee of Congress, or
an employee of a Member of Con ass in connection with the t I v n pii CC �pl{c p
making of any Federal grant, the entering Into of any W)d-lonvee not mohinuu hre (raoesnaporio PFetlerdailgil sleeper lociep
cooperative agreement, an extension, continuation, renewal, terminate for cause or delaull; antl
amendment, or modification of any Federal grant or cooperative
egreemonl;
��inb�) fan lu da oo��her Ihen FRederal a ur priated funds��ehavpekbeon
cfi�eres I ajuttioer or empi�ovvee o� ormv es�s oYane Mept�veeTe oo�
a ombg o� Co mss in c0 neebon vhth Ihlis Federa,W�ra nl or
co petal apre mart, the u ersi❑❑n� d stall compeg and
SSu m I andar Norm L "U�sdosure of Lobbying
A I vdies, n accordance with its struct closure
8. Where the ppollcan, is unable to certify to env of the
slalemer'Is in yhts ceni(�ca8on, he or she shell attach an
explanation to th 8 application,
3. DRUG -FREE WORKPLACE
(GRANTEE90THER THAN INDIVIDUALS)
As lerodenled a hBaCFR apar1m67W5ubpnl�aartce FAct r of ra798a8es, as
da�med al 28 �F�R Part 67 Sachons 87.615 and s7.8zo-
�The undersggned Sin If require that the Is ne8 a Of this car,
iclkalion be ind�ped in the award documents i'ogr IQsubawarda a A Tea tic 1 c rhlies that it Will Or Will mntnue to provide a
ali Ilora, (includm s�rbgrenls, conlracl� under aAranl� an� tlrug�mevPigrkp�acePby:
cooppssrahve ree an s, and subconlraaoo s1l a ItSal a sun•
recplenls shecen and disclose accomingty.
(a P M rhino a slaleme roll pn or ogees that the
urllewa rl marTula%are tll ulio is ,ebn�sin , p�assenssion, grr
use I a ooalrol n yubs�ence ghat wi be token anaeseiu
�ytE FiffON, AND OTHER workoy ce �n S�a�l(o�i or such prohibition: 9
amp ogees or w p
As required by E�ceculive Order '25g9, pebarmenl sand
pS�urgt�C�onBnggn, relnpdrimaprieymceentedreet128 9adRo g6aA feePnedpat i)f
CFK Part [i7. Seclu>n b7.57�-
inofo(mtenrlp�olye%s abo°ut going drug -free awareness program to
(i) The dangers of drugs abuse in the workplace;
A. The applicant ceNAes that Rand its principals: r(2) Tpphnne grantee's policy o1 maintaining a drug -free workplace;
(a) Are not preseMN debened, suspended, proposeU Ior debar- 8351slslaynoe drug rehabilitation, and employee
menl declared inell ibie, sentenced to a denial or Federal
benel'ds by a Slate or Fey eralY ourl, or volunteriN exclude from (.t1 The �grii+uies that may b7himigopj uupon employees for drug
covered transactions b an Federal tle arrllmenloragency; usevoa onsoccurrin in e o a e;
Ic MaI nn it a revir mein that eaph omulo ee to be enuaned In
(b) Nave v'lh a I& ee•y §r� rl�od �recedmg this�airplical'q� require pert ormance of biq grant be given on
copy of the statement
den con r e o Qr fraud a c In e t IT
a a rlsl the mquae Dy pemgrapn le l:
or Comm on of Ire 9Wr r! cr o gore m connection wA
obtaining, al empting to oblam, or per ormmg a Iad) Nolifv he employee, in the talemeinl Ired b
I �;aR $� Met, as a condition of emplsoymei onrJerr Ir{re gran,
p oy wi
(1) Abide by the terms of the statement: and Seattle Enforcement Group D-22
21 1`�pluy he efnpbYar N wA�inp of his or her conviction for a 300 5th Ave, Suite 1300
11 ono a cranma9 drugg at ute occtur the workplace no
ater than ive celerdar daysaHer men con�lclion; Seattle, WA 98104
((a) NNoo11i Innn999 Ire sae c , In wrilin Ih t c or% an en s after
tec oth rlo�rs rr Y wb era e�. �a,0 ruc c erriJjj a Check there are workplace on file that are not identified
f olh rW s r ° vi a lua notice 0 uc cow 1 n. r ere.
m ovary o c n c nmP eas t rori�e ce, n u
s�rt on tAit n earipm nl or s�c , 0onicoU� 0� 31 %l
0pom�rama �TtQoN' Dino rot Bak. 63ii3 IneAane Avenue, . Sentjn87, 630 ( the uulslions gv ee lhet a�n®n a het p
Waelrirrgtpn D.0 2 53�. Ilce shell include the idenlrflcat ri e 81releAms veb�QWWWIIro{c a 0or�ntle beae nru nIn,eacarcrF�edperpr�fiscal
nrm a oT Bache acted reel; rOajereaftous of 15formNoilln. Sties antl Slate gecation
may o louse oJJFF orm 4061 n.
(ar akrnpr onp a, the rolb n aeujiga porop (dX plc w
(rdeesp7ect to any emluoyee who a so convgd e re (d y11 h we
e1 `oV ing op. is rorckp�hwp inal Inborn consistent u l the
requrementa of linee�a011ilalmn Act o� 1BY3, as amender; or
Check ,- II line Stale has elecletl to aomptete OJP Fonn
4081/7.
(GRANTEES WNO ARE INDNIDUALBI
(ZZb) Require6�xkpt supcah amplplry8¢ to arldicpgenle mwtispfaprclorilay In a tlm� Artaro remaufnre9dtl bg `pfgre FDtR1q eFrep VJurktloolaarcte�he oaf a1n988, and
n9Uurp89ae8 D�ya Federate States lomrl Trreaalthe law enforoaament itfefived allzb l: ♦i Pert 87P5enclVions 6'7.9TU end e7.620-tees, ea
ar 01ner appropdale agency,
A. Asa nditdn of the g nl, I cSrlly 11het I VI not eve in
(g) Making a good faith effort to continue to maintain a drug -free the UA 8 ul manufItlure, uslnbutirr dla�lenI °`vl�ewnh
workplace through Implementation of paragraphs (a), (b), (c), (d), lI 0 ar nt; a^e°^Iro etl substance 'm ion ri ch y
(e), and (p.
ahat a nee omu, In ort wohr� soraiceel�conneclbiolnwAh flies B. If convinced of a criminal druu o fence resulting from a
11 1 1nt 1� r� 1 k violation ocwnlr�g during IM aondud o� any orent eclMly, will
s ecific gran`: report the conviction, in writing, within W calendar of a o� the
convldlopp, to: Deg riment of Jusllce, Office of JUsuce Programs,
cl�el°f Performance (Street address, city, country, state, zip ATTN: Gonlrol Desk, 633 Indiana Avenue, NW, Washitgton,
I D.C. 20531.
As the duly eulhadzed reprewnlalHe of the appiranl, I hereby ceAify Ihel the appicant will comply vnih (he above ca Aifralions
1. Grantee Name end Address:
Kent Police Uepartment
220 4th Ave SOuth
Kent, WA 980032
2. Application Number endlor Pro)ad Neme
Seattle Enforcement Group D-22
4. Typetl Nema and TAIe of Aulhorfzed Representallve
Rafael Padilla, Chief of Police - Kent Police Department
3. Grantee IRSNeMor Number
6. Signature 8. Date
.�� lee ��� 047-to)7 -�;v
Drug Enforcement Administration
Asset Forfeiture Sharing Memorandum of Understanding
This agreement is made this Ist day of October, 2020, between the United States Department of
Justice, Drug Enforcement Administration Enforcement (hereinafter "DEA"), and the Kent
Police Department (hereinafter "KPD").
1. The police agencies participating in the Seattle Enforcement Group D-20 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'1'ask Force Participants and their contribution to the Task Force:
Particinatina Agency
Contribution
Auburn Police Department
1 TFO
Federal Way Police Department
I TFO
Kent Police Department
1 TFO
Renton Police Department
I TFO
Seattle Police Department
1 TFO
Tukwila Police Department
I TFO
Washington State Patrol
1 TFO
2. Participants acknowledge that equitable sharing is at the discretion of the Attorney General
and not guaranteed in any case. Participants acknowledge that sharing will not be awarded in a
case if victims have not been filly compensated. State, local, or federal government entities can
be considered victims, Equitable sharing among the'rask Force members shall be based upon
the following pre -arranged percentages:
DEA shall receive 20%
Valley Narcotics Enforcement Team 80%
* The equitable sharing will be disbursed per the agreed upon MOU signed by all agencies participating in
the Valley Narcotics Enforcement Team 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 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 may be 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 the Dru Enforcement Administration:
L J
Keith VYeis
Special Agent in Charge
For the Kent Police. Department:
RafaeAdilla
Chief of Police
�_3.2o2d
Date: