HomeMy WebLinkAboutCAG2021-504 - Original - Dept of Justice Drug Enforcement Agency - HIDTA Task Force - 8/3/11 STATE AND LOCAL HIDTA TASK FORCE
AGREEMENT
This agreement is made this ls't day of October 2011., between the
United States Department of Justice, Drug Enforcement Administration
(hereinafter 'IDEA") , and the Kent Police Department (hereinafter
"KPD")
whereas there is evidence that tratfi.cking 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 DEA SeaTac HIDTA Task Force (Group D22) will perform the
activities and duties described below:
a. disrupt the illicit drug traffic in the Greater King County
area by artYmobil.iing targeted violators and 'trafficking organizations;
b. gather and report intelligence data relating to tratfi.cki.ng 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
forte's acti.vi.ti.es w.i.11 result in effective prosecution before the
courts of the United States and the State of Washington.
2 . To aY_complish the objectives of the SeaTac HIDTA Task Force (Group
D22) , the KPD agrees to detail one (1) experienced officers) to the
SeaTac HIDTA 'bask Force (Group D22) for. a period of not less than two
years. During th,i,s pezi.od 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 farce.
4 . The KPD officers assigned to the task force shall be deputized as
task force officers of DEA pursuant to 21 USC 878.
a
S. To accomplish the objectives of the SeaTac HIDTA Task Force (Group
D22) , DEA will assign three (3) Special Agents to the task force.
HIDTA will also, subject to the availability of annually appropriated
funds oz any continuing ,resolution thereof, provide necessary funds
and equipment to support the activities of the DEA Special. Agents and
eight (8) officers assigned to the task ;Force. This support will
include: office space, office supplies travel funds, funds for -t e
purchase of evidence and information, investigative equipment,
training and other support items.
6. During the period of assignment to the SeaTac HTDTR Task Force
(Group D22) , the KPD will remain responsible for establishing the
salaries and benefits, in(--luding overtime, of the XPD officers
assigned to the task force and for making all payments due them. HIDTA
will, subject to availability of funds, reimburse the KPD fot overtime
payments made by it to the KPD officers assigned, to the SeaTac HIDTA
Task Force (Group D22) for overtime, up to a sum equivalent to 25
percent of the salary of a GS-12, Step 1 (RUS) federal employee,
currently $ 17,202 .25, per. officer.
7 . In no event will the KPD charge any indirect cost rate to UTA for
the administration or implementation of this agreement.
S . 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 DFZ to facilitate on-site
inspection and auditing of such ,records amd accounts.
9 . The KPD shall permit and have readily available for examination and
au2djting 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 audits and examinations are completed and resolved or for a period,
of three (3) }Fears after termination of this agreement, .whichever is
sooner.
10. The Kent Police Department (KPD) shall comply with Title 'VT of the
Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of
3,973, 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 .
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11 . The KPD agrees that an authorized, officer or employee will execute
and return to DEA the attached OJP Form 406116, Certification
Regarding Lobbying; Oebarment, 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 p.roiect.
13. The KPD understands and agrees that HIDTA will provide the SeaTac
HIDTA Task Force (Group D22) 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, , coil 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 (0GV'S) -,,91DTA lease vehicles shall apply to
accidents involviT�g thy- 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 HIDTA. task farce shall be subject to all DEA and
federal government rules, regulations and procedures governing the use
of OGV's for home to work transporta,tio;l and for personal business.
The HIDTA Executive Committee a.cknowl.edges 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, 28 U.S.C. 2401 (b) 2671-2680.
15. The term of this agreement shall be effective from the date in
paragraph number one (1) until September 30, 2012 . This agreement may
be term.i,na.ted by either party on 30 days advance written notice.
Eillings for all outstanding obligations must be received by DEA
within 90 nays of the date of termination of this agreement. HIDTA,
will be responsible only for obligations incurred. by KPD during the
term of this agreement.
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Fo,r the Drug Enforcement Administration:
Date: a !
Matthew G. B rr�es
Special Age in charge
Seattle Field Division
For the Ken lice Department Date:
Name: Ke,n, Thomas
Title; Chief of Police
I
U.S. DEPARTMENT OF JUSTICE
} 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
fovernment-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) transaction or contract under a
public tr2ns24on; violation of Federal or State antitrust
As required by Section 1352 Title 31 of the U.S. Code, and statutes or commission of embezzlement theft forgery,
implemented at 28 CFR Pat( 69, for persons enteringinto a bribery, falsification or destruction of records, making false
grant or cooperative agreement over $100,000, as deined at statements,or receiving stolen property;
d8 CFR Part W the applicant certifies that:
(o),Are not presently indicted for or otherwise criminally or
(a) No Federal appropriate funds have been paid or will be civilly charged by a governmental entity (Federal, State, or
ppaid, by or on behalf of the undersigned, to any person for in- tonal) with commission of any of the offenses enumerated in
tluencing or attempting to influence an officer or employee of paragraph(1)(b)of this certification-,and
any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in con- (d) Have not within athree-y®ar period preceding this appllca-
neotlon with the making of any Federal grant, the entering into ion had one or more public transactions (Federal, State, or
of any cooperative agreement, and extension, continuation, local)terminated for cause or default;and
renewal, amendment, or modification of any Federal grant or
cooperative agreement; 13. Where the applicant is unable to certify to any of the
statements in this certification, he or she shall attach an
{b) If any funds other than Federal appropriated funds have explanation to this oppllaatlon,
been paid or will be paid to any person for Influencing or at-
tempting to influence an officer or employee of an agency, a
Member of Congress, an officer or employee of Congress, or 3 DRUG-FREE WORKPLACE
an employee of a Member of Congress In conneotion with this (6RANTEEs OTHER THAN INDIVIDUALS')
Federal grant or cooperative agreement, the undersigned shall
complete and submit Standard Form - LLL, "Disclosure of As required by the Pru Free Workplace Act of 1988, and
Lobbying Activities,"in accordance with its instructions; implemented at 28 CFR Part 67, Subpart F for grantees as
((c The undersigned shall require that the Iangwage of this cer-
defined at 28 CFR Part 67 Sections 137.b15 and 67.6�20-
fifi1cation be Included in the award documents for all subawards A. The applicant certifies that it will or will continue to provide
at all tiers (including subgrants, contracts under grants and a drug-free workplace by;
cooperative agreements, and subcontracts) and that all sub-
recipients shall certify and disclose accordingly. (a) Publishing a statement notifying employees that the
unlawful manufacture, distribution, dispensing' possession, or
use of a controlled substance is prohibited in the grantee's
2. DEBARMENT SUSPENSION,AND OTHER workplace and specifying the actions that will be taken against
RESf'Ca 4SIBiLIW MATTERS employees for violation of such prohibition;
(DIRECT RECIPIENT)
(b) Establishing an on-going drug free awareness program to
As required by .Executive Order 12549 debarment and Inform employees about-
Suspension, and Implemented at 28 CFR Ort 67, for prospec-
tive participants in primary covered transactions, as defined at (1) The dangers of drugs abuse in the workplace;
28 CFR Part 67,Section 67.510-
A. The applicant certifies that It and Its principals: (2) The grantee's policy of maintaining a drug-free workplace;
yy (3) Any available drug counseling, rehabilitation, and employee
imenttYedecla ed inteligiblearsedntencedndto apden al ofQFederral assis#ancxa programs; and
benetts by a State or Federal court, or voluntarily excluded (4) The penalties that may, be imposed upon employees for
from covered transactions by any Federal department drug abuse violations occurring In the workplace;
or agency;
(c) Making it a requirement that each employee to be engaged
{b) Have not within a three- ear p�ettod preceding this applica- in the performance of the grant be given a copy of the state-
fion been convicted of or a otvit judgment rendered against ment required by paragraph(a);
them for commission of fraud or a criminal offense In connec�
tion with obtaining,attempting to obtain,or performing a (d) Ngotifying the employee in the statement required by
Para
tfpehE(maloyee will as a condition of employment under the
OJP FORM 4061l5(3-91)REPLACES OJP FORMS 4061f2,4062l3 AND 406114 WHICH ARE OBSOLETE.
(1) Abide by the terms of the statement;and
2800 South 7.92nd Street
(Z) Notify the employer in writing of his or her conviction for a
violation of a orlminal drug statute occurring In the workplace Suite 204 _
no later than five calendar days after such conviction;
SeaTac, WA 98188
(e} Notifying the a envy, in writing, within 10 calendar days
after receiving n❑ c® under subparagratph (di(2) from an Check ❑ if there are workplace on file that are not Identified
employee or otherwise receiving actual no ice off such convlc- here.
tfon. Employers of convicted employees must provide notice
including position title to; Department of Justice, Office R Section 67, 630 of the regulations provides that a grantee that
Justice Programs, RftN: Control Desk, 633 Indiana Avenue, Is a State may elect to make one certification in each Federal
N,W, Washington D.C. 20531, Notice shall include the iden- fiscal year. A copy of which should be included with each ap-
tlflcation number(s}of each affected grant; plication for Department of Justice fundingg, States and State
(f) Taking one of the following actions, within 30 calendar agencies may elect to use OJP Form 4061R,
days of receiving notice under subparagraph (d)(2), with Check 7I if the State has elected to Complete 0JP Form
respect to any employee who is so convicted- 4061n.
(1) Taking appropriate personnel actlon against such an
employee, up TO and including termination consistent with the DTUQ FREE WHO ARE INDIVIDUALS)
requirements of the Rehabilitation Act of 19t, as amended;or ( )
(2) Requiring such employee to participate satisfactorily In a As required by the Drug-Free Workplace Act of 1968, and
drug abuse assistance or rehabilitation program approved for implemented a 2$ CFR fart 67, Sub art F, for ggrantees, as
such purposes by a Federal, State, or local health, law enforce- defihed at 28 CFR Part 67;Sections 6415 and 67.620-
ment,or other appropriate agency;
A. As a condition of the grant I certify that I will not engage
((g) Making a good faith effort to continue to maintain a dru - in the unlawful manufacture distribution, dispensir7g, posses-
free work lace through implementation of paragraphs (a), (b , sion, or use of a controlled substance in condi#ion any
(c), (d), (e),and(�_ activity with the grant;and
B. The grantee may insert in the space provided below the B. If convinced of a criminal drug offense resulting from a
sites) for the performance of work done in connection with violation occurring during the conduct•of anyy grant activity, I
the specific~grant; will report the conviction, in writing within 10 calendar days
of the conviction, to: Oapartment oi'Justice. Office of Justice
Place of Performance (Street address, city, country, state, zip programs, ATTN: Control Desk, 633 Indiana Avenue, N-W.,
code) Washington,D,C,20531,
As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above certifications.
1, Grantee Name and Address:
Kent, Police Department
220 4t h Ave south
Kent, WA 96032
2. Application Number and/or Project Name 3. Grantee IRSIVendor Number
D7A, SeaTac HIDTA Task Force (Group D22)
4. Typed Name and Title of Authorized Representative
Ken Tho as - C i.ef Of POlice - Kent police Department % /I
5, Sign t re 6, Vate