HomeMy WebLinkAboutCAG2023-013 - Original - Drug Enforcement Administration (DEA) - High Intensity Drug Trafficking Areas (HIDTA) Task Force & Equitable Asset Forfeiture Sharing - 10/01/2022Ap
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Originator:Department:
Date Sent:Date Required:
Authorized to Sign:
Director or Designee
Date of Council Approval:
Grant? Yes No
Type:
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Date Routed to the City Clerk’s Office:
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Vendor 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
KENT POLICE DEPARTMENT
This agreement is made this 1 day of October, 2022, between the United States Department of
Justice, Drug Enforcement Administration (hereinafter "DEA"), and the Kent Police Department
ORI# WA0170700 (hereinafter "parent agency"). The DEA is authorized to enter into this
cooperative agreement concerning the use and abuse of controlled substances under the
provisions of 21 USC § 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:
I The Seattle HIDTA 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 HIDTA D-22 Task Force, the parent agency
agrees to detail one (1) experienced officer(s) to the Seattle HIDTA D-22 Task Force for
a period of not less than two years. During this period of assignment, the parent agency
officers will be under the direct supervision and control of DEA supervisory persomrel
assigned to the task force.
The parent agency 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.
The parent agency officers assigned to the task force shall be deputized as task force
officers pursuant to 21 USC § 878.
To accomplish the objectives of the Seattle HIDTA D-22 Task Force, DEA will assign
three (3) Special Agents to the task force. The parties to this agreement understand that
financial reimbursement to participating organizations is subject to the budgeting,
administrative and managerial decisions of the HIDTA Executive Board as well as the
availability of HIDTA funding (from whatever source). Subject to this planning and
budgeting guidance, the HIDTA will provide finding to support the activities of Federal
Special Agents, Task Force Officers, and other specified employees (if any). This
support will include: office space, office supplies travel funds, finds for the purchase of
evidence and information, investigative equipment, training and other support items.
During the period of assignment to the Seattle HIDTA D-22 Task Force, the parent
agency will remain responsible for establishing the salaries and benefits, including
overtime, of the parent agency officers assigned to the task force and for making all
payments due them. HIDTA will, subject to availability of annually appropriated finds,
HIDTA finds may reimburse the Valley Narcotics Enforcement Team "VNET" for
overtime payments incurred by its Task Force Officers in an amount not to exceed a sum
equivalent to 25% of the salary of a GS-12, Step 1 of the general pay scale for the rest of
the United States The parent agency will bill overtime as it is performed and no later than
60 days after the end of the quarter in which the overtime is performed. The invoice will
identify each investigator who incurred overtime for the tasking 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. 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 parent agency charge any indirect cost rate to DEA for the
administration or implementation of this agreement.
8 The parent agency 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 parent agency 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
parent agency shall maintain all such reports and records until all 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 parent agency 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.
I 1 The parent agency 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 parent agency acknowledges that this agreement will not take effect and no federal
fiords 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 parent agency 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
finds for the program or project.
13 Vehicles may be provided by the parent agency or furnished by DEA subject to the
availability and approval of HIDTA finding for vehicle leases. DEA may request that
HIDTA fund installation and removal of mobile radios in task force vehicles and
reimburse the parent agency for fuel, maintenance, and repair attributable to use of the
vehicles for task force purposes. Accidents involving vehicles while in use for task force
purposes shall be reported and investigated in accordance with the procedures of DEA
and the parent agency.
14. While on duty and acting on task force business, the parent agency officers assigned to
the HIDTA task force shall be subject to all DEA and federal govermuent rules,
regulations and procedures governing the use of OGV's for ]ionic to work transportation
and for personal business. The parties acknowledge and understand that the United
States of America is liable for the wrongful actions or inactions of Federal employees,
including those Federal deputized as Task Force Officers, who are acting within the
scope of their employment under the Federal Torts Claim Act (2 8 U.S.0 §§ 2671 —
2680). This may extend to representation of the covered employee if in the best interests
of the United States (28 C.F.R. § 50.15(a)(2)). A state or local employee participating in
the Task Force may concurrently or separately be covered for the purposes of liability by
their employer.
15. This agreement shall be effective from the date of the last signature of a party and will
continue in effect until September 30, 2026. This agreement may be terminated by either
party on 30 days advance written notice. Federal finding of the HIDTA Task Force is
subject to the availability of annual appropriated finds for each federal fiscal year
(October I through September 30 of the next year). Billing for all outstanding
obligations must be received by DEA within 60 days of the end of each fiscal year or
within 60 days of the date of termination of this agreement. DEA will be responsible
only for obligations incurred by the parent agency during the term of this agreement on a
fiscal year basis, subject to the availability of funds.
For the Drug Enforcement Administration:
Jacob D. Galvayi
Acting,Special Agent in Charge
Seattle Field Division
For the Kent Police Department:
Ra�Padilla
Chief
Title
Z
Date
Date
r U.S. DEPARTMENT OF JUSTICE
A 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 the regulations cited 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
g too q 6p a� uic (Ffederal.State,. r�(ocust
al) f(aQ}sPa do or{c tray�ct un r
ansImQpd%pDrrnDanidd beX 28e8FR Part-69'Tg1',�a��rtl ,nss aeefi e� a�o2e FR Eaterii�ntsf o� ott nv or Oon s r ctior prope�yofzr e�coids mKing �taPlsyd
P8n K Re aappIR 11 cer�ifieset 1:
a rvo r aera app opna[ tupas nave been pain or win be ata, cnar ea b a ovem ntai nu reaerai [ to or for wi n
or on a f of a un ersi ,ed, to an m Berson fir moue anggg mr��hssic,Yn R. arW ornnie oitens s enumer'a er� id paragra h 1)
o its nOn to in uence an icer or a oyes Pan agency, tbl o is ce i ica on; and
a em er o C ng as, an o i r or empQoyea o Co r0 s, or
an emplo a 0 a mb r o on ress it cpnneption with the th pi
making �t an rr Fedaerag rant t�e an it ipto of an � (,dd�on n fmohengubli rI ast?ns tra era, to pgr�c(aoGoo
coo erative a eem, nt an extension, centin abon, renew I, f 9
am�ndmant, o� moddication of any Federal grant or cooperative arming a or taus or eau ; an
agreement;
B Whe a the a pli i una le to rtify to an f the
sfat me T in t V �r i tcastion, a or s a shall a�tso an
b . If an it ds ofhher than Federal r rialed fund hav .ben expranalion to this appc'ricalwn.
d or �iiiNse id to an� rson fo Qneeenan or a m in
iuence an o r or ero ee o an a ens ae 1eq o
a �ere s ark r or etiijSlo ee of oni�e o 'aa a plo e� 0
mbset o on res t co ne Uon is a era n o DRt�G pREE yypRKPLp
rQ,, the r�ersi a sal co p e� anaORANTEES OTHER THAN IIVIDUALS)
u�tsIi�at�eEantiand Votm i.�,l disclosure o osbymg
c vi ies, in accordance with its instructions; As re�Quirsedd b�( 2fh8eCp u •F n W r nlaa t ofar1n9t88, and
tl q Seined a�t 28 CFR Part Secffons�6lnd ti`�.6tfs, as
it c�thoni[ inFit�dna inY�ia avraurde�oc,4meF s eo� a suss or s as �. t al araceceb
V}I I e a u t rtmes that rt will or will continue to provide a
a or me u m s grans on rat tin r rent a rug- res p y:
coo or iv res�'�en s n su contr c son tftge a su -
red is s she certify and Disc ose a 0 rsinY.
a P b i me a slat m t notifvin sin toyees that the
'�eakkufi+amconir�o�ledfe�v, I Is Irrnczols ntlri �te'c,�po%ssessio% gr
� � ION, AND OTHER empl�yees�oaysojattl
�ohi o�such proWit o will be larCet� agams
an s� Io��tts��o,aeltransactions,tnd
A. The applicant certifies that it and its principals:
(a) Are neo� preSesentl� debarred, su��ntaedapr�onto o� rF decal anent . d c ar d me i le, s nisi
ene6ts va tale o edera court, or voluntan exclu edefrom
covered transactions by any Federal depaant oragency;
inbf'omislnmijgQaeb000t-going drug -tree awareness program to
(1) The dangers of drugs abuse in the workplace;
(2) The grantee's policy of maintaining a drug -free workplace;
aJssisraynceptable ds %cnunseling, rehabilitation, and employeerogramn
mule vtOga�iorie o caarnna�irbighte tQior�ecp[{acpeon employees for drug
Ma 'n dare r me it t t each em to ee to en ed i
�ba Have v cledthjnga thdr e-yeat.Aedr od 4ecedan�ta[isoaR I�c�teM rea e nance�ti I j ran �e given o copy of lies s�a�emeni
en convic a off44 r h o a cia . e ren a g a s q[rire y paragrap `ay;
o�rtainmm a oemo inra $r a cr io ense m con ec ion wi
g, �� p g ro o tam, or performing a d Notiffvvi ''h em to a in the tatem nt a fired b
�ra rrapoy�ea whs11 as �coynrrition of empl�oymenaf underr a grants,
OJP FORM 4061/6 (3-91) REPLACES OJP FORMS 4061/2, 406213 AND 406114 WHICH ARE OBSOLETE.
(1) Abide by the terms or the statement; and
( PPlify +!he e t toe In ri{I of his or Itar convi Ito fore 300 51h Ave, Sulle 1300
� �eiryln flo'be ca�oPnr�n�ore�s a�feryrce°uco con�cRon a woikp�ece no Seaflle, WA 00104
fIe1 N lif In sae ° , h wd I f 'fh c lendar da afte
eb��nr� tP�Ce t��oASubRPrai8iyy}y�7Yp)�gyf y�Sigor n @co vn a K4p en. S Check t there are workplace on Ole that are not Idenhtifi�e�d
lesfnWa4�5 P nP$D CV 2 vo�i.° Y (ske shall ii%lit°tle fll� eePlate ya'i o8 a%(lain 67 .6�0 ql th r c oallocef i�lOfly ieslthaecsuffio o III°pal
Ospl�o } I,C�C �j h j
Innnum"6e�r1�s)ot'eacha hhected pre ly! 'be � IP(o�s og%ttf�crm dgy�l �C��agas end°gi8tep�pe°n es
da s°Y%ccePvin00pf Toticfollownaor asiiPrn ai aiu�plt 3td)(��lendlr _''''
roCacl to any employee w�to. �s so conwldr Chock r 408717.Stele has elected to complete OJP Form
L1� akaln0 a rc�ri Sn IpAfSO�o°I Iri 5``1on cooslsl�e Iswcih lPie p G,ppREE yyyypoppKPl,pp�
mgB�PYmohYapo�4ne I�ehacb l(I�(6n Aol oP i�J°l3, as emeodeA; or (�IT�S WHO ARg frypIVIDUALS)
BUusegesdPs� such �°r Pee6�ll�°atPodlocPatesa101ei1 elx lPo°sucP Pnflf°errP,�RAVC�$trta�7wg��pleceFArit t°f 1nte0dsand
.ci �Piegep�roprlate°agency °, or o oQ�ioa�h, RnvivonYorcomon, a no 0 o e°Iiods�G .Pi�oand@r.@-
a)) Makingaa oodd faithtt effort l co�llInua to maalntplp dry f( ado U41'on'of +he pr 1 I rtlfy thou I v III not Papa a In
` YVIl �tnrou0h Tmplementaplon of Pera0raPns lathh, �b), tohh), t3f, ire ee A; Saar onurohaJlr 6 bss once PPn 'coulnsol�on °arihy acilavv fyot°vi�h
s ITheUce be,?, mg, ce68ol Iwmke 89ae tHmcan
"dneA0,150%R0 f� e°
desPte6ra .
cPaacq of Performance (Street address, city, country, state, zip
t3, f convinc d o crII�tOnal d1u olfenso resuilinn fro
vlola�lo occurrr7d dur�ng `il con°,vu� of nY rant acdI IIV. �°�vlt1
re o I Igoe con�jc io , n r 6, it 1� Ponnder a( o he
A�ff�J°z'.I06342, 7Y.O.r m991io ndlen�a°Aaenuon JUV�!;�JasPPngP n;
As the duly authodzed representative of the applicant, I hereby certify that the applicant will comply with the above cenl0catlons,
1. Grantee Name and Address;
Kent Pollco Department
232 4th Ave S
Kent, WA 08032
2, Application Number andfor Project Name
DEA Seattle Field Division
4. Typed Name and Title of Authorized Representative
Rafael Padilla, Chief
5.
3. GranleelRSA/endofNumbor
6. Date
Drug Enforcement Administration
Asset Forfeiture Sharing Memorandum of Understanding
This agreement is made this I ' day of October, 2022, 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-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 Participants and their contribution to the Task Force:
Participating Agency
Contribution
Auburn Police Department
1 TFO
Federal Way Police Department
I TFO
Kent Police Department
1 TFO
Renton Police Department
1 TFO
Seattle Police Department
I 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 Adm' tration:
Date: % Z
Jacob D. alvan
Acting, Special Agent in Charge -Seattle Field Division
For the Kent Police Department:
Date: mll(.111,
Rafa l Padilla
Chief of Police