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