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HomeMy WebLinkAboutPD16-155 - Extension - DEA - State and Local HIDTA Task Force Agreement - 10/01/2021ApprovalOriginator:Department: Date Sent:Date Required: Authorized to Sign: Director or Designee Date of Council Approval: Grant? Yes No Type:Review/Signatures/RoutingComments: Date Routed to the City Clerk’s Office:Agreement InformationVendor Name:Category: Vendor Number:Sub-Category: Project Name: Project Details: Agreement Amount: Start Date: Basis for Selection of Contractor: Termination Date: Local Business? Yes No* Business License Verification: Yes In-Process Exempt (KCC 5.01.045) If meets requirements per KCC 3.70.100, please complete “Vendor Purchase-Local Exceptions” form on Cityspace. Notice required prior to disclosure? Yes No Contract Number: Agreement Routing Form For Approvals, Signatures and Records Management This form combines & replaces the Request for Mayor’s Signature and Contract Cover Sheet forms. Visit Documents.KentWA.gov to obtain copies of all agreementsadccW22373_1_20 Budget Account Number: Budget? Yes No Dir Asst: Sup/Mgr: Dir/Dep: rev. 20210513 FOR CITY OF KENT OFFICIAL USE ONLY (Optional) * Memo to Mayor must be attached HIDTA STATE AND LOCAL TASK FORCE AGREEMENT This agreement is made this ls` day of October 2021, 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 patties hereto agree to the following: I. 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 mother 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, the KPD agrees to detail one (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 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 "VNE: P"for overtime payment. Annual overtime for each state or local law enforcement officer is capped at the equivalent of 25% of a 3S-12, 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 30 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 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 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.F.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 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 HlD'1'A will provide the Sealtlo Enfarcemonl Group M2 Task Force Officers with vehicles suitable for surveillance, HIDTA through DEA will fiimish mobile radios for installation in file 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 (OOV'S)- H1DTA 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 havo. lA, While ou duty and acting on task force business, the KPD officers assigned to Iho HIDTA task force shall be subject to all DEA and federal government rules, regulations and procedures governing the use of OOV'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 duly and acting within tine scope of their federal employment, to the extent permitted by the Federal'1'ot1s Claim Act. I5, The teen of Iltis agreement shall be effective from the date iu paragraph number one until September 30, 2022. 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 for obligations incurred by KPD during the tern of this agreement. Far the Drug Enforcement Administration; Frank A. Tawrilino III lk; Date: Special Agent in Charge Title For the Kent Police Deparuncnl Dale: da•-!o _ar Name: tafael Padilla _ ,ef of X// e, Title: Chief of Police Drug Enforcement Administration Asset Forfeiture Sharing Memorandum of Understanding This agreement is made this 1"day of October, 202I, 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 Task Force Participants and their contribution to the Task Farce: Par[icipating Akency Contribution Auburn Police Department 1 TFO Federal Way Police Department 1 TFO Kent Police Department 1 TFO Renton Police Department I TFO Seattle Police Department 1 TFO Tukwila Police Department I TFO Washington State Patrol I 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 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 80% 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 Drug Enforcement Administration: vim.%�/ a , .� Date: �y Frank A, Tarentino III Special Agent in Charge For the Kent Police Department: Date: Qt- 14-4Pl Whet Padilla Chief of Police U.S. DEPARTMENT OF JUSTICE r 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 fhe regulations cited below to determine the certAication to which U1ey 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 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 ppubljc (Federal Slate, or bcaq Vansaclion or contract under a poblc Iransaclbn; v olalon o11 Fede nl or State an ere, As a wired by Sedlon 1352 T tle 31 of the U;S. Code, and 1 lutes o m mission of Qmbezztemen (heft forgery, impreieented at 28 CFR Part 69 r arsons a lenn doled gr� pnl art6er I fill a1 on, or destruction of records, making false or coo erative agreement overt 0 t000, as ae0ne% at 28 -GFR staleWimts, or receiving stolen property, Part 6� the applicant certifies that: ft) Are not presen(X indicttd for or otherwise criminally or chilliy fa) No Federal appropriate funds have been paid or will be paid, CC rar99ed by a ove manta entA (Federal, State, or focal) wl1h 6y or on behalf of the undersigned, to any person for influencing �� 011ssbn olganv of the olfans�s enumerated in paragraph (1) or attemptingg to influence an officer or empUloyee of any agency, b i this cemfica ion; and a Member oT Congress, an officer or empbyee of Congress, or an employee of a Member of Congress in connection with the (d) Heve not within athree- ear period receding ihl a lication making .of any Federal rant the entering into of any read ono ra more publio 11r nsadirio ` recedingSlate,pgr local) cooperative agreement, and eAension, continuation, renewal, terminatedforcauseorrleIrNs and amendment, or modification of any Federal grant or cooperative agreemenl; Ib) If any fur�ds other than Federal apporopeatg6tl funds have been 4 aW or coil be M to an rson fot intioencin or ahem Zing to influence an o der or employyee 44f an a�gena? a ample sr of Con ress, an ofineroremployee if n re s o a employee of a M�mbt?r of Congress in tonne hen n d this t in rant or cU411 ve a re Mont, the u oersi nee shall co I ob and sullnlil "m accor Form L2L, '%isclosulo of Lobbying Admlies, m accordance with its Instruct ens; slalemerelts inethapplicant s picenifiratagebhe for safe shell aa�aoli an explanation to this application. 3. DRUG•FREE WORKPLACE (gqGRANTEES OTHERpDTHAN INDIVIDUALS) Im IgiI allied ay AOaCFR tpartmgb7, SubPlarrt F. or /rs90u8e's,aas delined al 28 CFR Part 67 Sections ri7.615 and g67. �c11 The untlersigneAA shall reuu)ro that the Inagua a of this cer- if(callon b induped in Ilpia award documents for allsubmvards at q Tea li a t c rtAias that if coil or wiN continue to provide a all tiers inciudm subgranls, contract and r rants a d drugee �gdiptace�y: cooperaliv� a reep�ents, Sind subcontracgs)) an n tt4at all sun - recipients shalPcerit y and (iIsar acWNingty. (a) Prryyyllblfishing a statement notiNing a ppPtoyees that sio the unlawrl manufadura tlistnbulion, tlisp�gStnq possession, qr Usa 0 a tenlrelled, SUbs�an�e is prohi neif_'in the rant es SUSPENSION, AND OTHER workplace and s illon olg the aclio 5 Ihot wi I be taker aga(nst 1[�U rvMfk)11TER3 employees for Mahone such pin -lb. low,Su As required b A. The applicant certifies That A and its principals: na) Are not presentN debarced, suspended, proposed for debar- ,onl declared ineligible, sentenced to a dental of Fedora) benefds by a Slate or Federal court, or voluntarily exclutled /ram covered Iransackons by any Federal department or agency; inl EstablP�ilnegeSaar�oa(going drug -free awareness program to orm era (1) The dangers of drags abuse in the workplace; (2) The grantee's potty of maintaining adrug-free workplace; 03� At,,y available dru%c8unseling, rehabilitation, and employee sto not programs; n BU The Pgrtallies That may tit imgos�ed ucpon employees for drug use v o a ens occurnn in he o pia e; c) Mak n A a requlremenl that fled, era loyee to be en aged in %b) Have not within a Ihr a-y a period precedin Ihis a plication the per�o7gmance of the rent be given >� copy of the s�atemenl pe�en convicted of Q1r hardpa clmt,7u�19Te t rendpned agolr�st them requved by paragraph (83; obtaiining Iattemplmg to obtom, or a�n con action with d) ore in Ilse employee n the statement or th ed b lie era a (1T 1 8i, as condition ofemployment under the grant he amp?oybe wdl- (1) Abide by Ina tens of the statement; and 11 p y rr of Seattle Enforcement Group D-22 vZialalbn o� aecrimin8l drug sletulb occurilnp (elhe workplace no 300 5th Ave, Suite 1300 later than Ivecolon or days after such con7lelion; Seattle, WA 98104 (e Nolifyln he age c In wrilinp wilhl 0 c lender days aRer toeiving r�ot�ce Onoe%'sub amreph (a)�21 oorr� an erapl� ee Check gf there are workplace on file that are not idenORed �r of erw se race vlD a ua nolba bbbf sac co vi t n. r ere. mployers of c nvicgl omp oyeel mustR rovid �otice,?nclu �nn sillon till Os arttm nt of Jus�{c t�f1l e o Just �c� ogram)S, ��1; GoRUoIesk, Ch3� )'n%la�ia %v�luet, N.yv , Section 67, 630 of the Waterloos pPovloes (hat a grantee tf�,at is a` ber(pn 2t1�fect g once s a I me u e the en dicalan a Slate me y le t lhDma o~ta cer�i �foo wimaccah�Fryeder l ioc l num e s oYeaclt affected rant; tora�7epacl ens o�(dd1�hs�Ice YuandkuelSlnc fates and Stale liglic Qes may elect (Ouse Form 4061 n. %Taking one of the foil ao0 is, with]30 c lend r sys of receNing notice under su naragrap�l (d)(2� wit Check if the State has elected to complete OJP Form ror peel to any employee who is so cony p1a r p 406717* amhed9upprl enrd gncluy Ig logminatiopn� co�isislsant wjlh the req r manta or the Re stiffs ion ct of 19 3, as amends ; or (GRANTEES WHO ARE INDIVIDUALS) ab)usaQasrin such omle�ol{Va�r Ilataarticipate seflsfaclorlldvl�t atlm� '(,Isoreuinread bavt h8e Drua Fre WOSrLkplaace A otofg 1 t.. and purposes eyy a Federal, Sta�e, or� �PsieaTln Raw enforcement, deTined ott28 GFR Part 87PSec nasbr675 antls7.620 tees, as or other appropriate agency; A. As a edition of the g nt, I cerliy that I volt not en age In (g) Making a good faith effort to continue to maintain adrug- tree the unlav�ul m�nu(aad�re, �ISldbutbn, disg nsing, pos�sbssiop workplace through implementation of paragraphs (a), (b), (c), (d), ruse o a onlrolled substance In con it(on any NIX rash (e), and (9, tsle grant; anti B. The grants ma insert In the s ace rovided below the Ire as) Po�eJ of Performance (Street address, city, country, state, zip BIf an As the duly authorized representative of the applicant, I hereby cedify that the applicant will comply with the above cedifcations. 1. Grantee Neme and Address: Kent Police Department 220 4th Ave South Kent, WA 980032 2. Application Number and/or Project Name Seattle Enforcement Group D-22 4. Typed Name and TRIe of Authorized Representative Rafael Padilla, Chief of Police -Kent Police 5. Signature ///J 3. Grentea lRSNendor Number 6. Date