Loading...
HomeMy WebLinkAbout20-013 - Drug Enforcement Administration - HIDTA Task Force Agreement20-013 Ref. 17-028 Section VIII Appendix F STATE AND LOCAL HIDTA TASK FORCE AGREEMENT This agreement is made this 1 day of October 2019, between the United States Department of Justice, Drug Enforcement Administration (hereinafter "DEA"), and the Tukwila Police Department (hereinafter "TPD"). 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 D-22 Task Force, the TPD agrees to detail (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 TPD officers will be under the direct supervision and control of DEA supervisory personnel assigned to the task force. 3. The TPD 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 TPD officers assigned to the task force shall be deputized as task force officers of DEA pursuant to 21 USC 878. 10/2019 5. To accomplish the objectives of the Seattle Enforcement Group D-22 Task Force DEA will assign (3) Special Agents to the task force. TPD and DEA anticipate that funding of the Task Force may be provided by HIDTA to cover costs to include: office space, travel funds, office supplies, purchase of evidence and information, investigative equipment, training and other support items. HIDTA funding is subject to annual approval of the HIDTA Executive Board and to annually appropriated funds for the HIDTA program. 6. During the period of assignment to the Seattle Enforcement Group D-22 Task Force the TPD will remain responsible for establishing the salaries and benefits, including overtime, of the TPD officers assigned to the task force and for making all payments due them. Funding for reimbursement to the Valley Narcotics Enforcement Team "VNET" on behalf of the Tukwila Police Department for overtime incurred by Task Force officers may come from HIDTA subject to annual approval of the HIDTA Executive Board and to annually appropriated funds for the HIDTA program. This does not exclude the possibility of overtime reimbursement funding from additional sources. Overtime reimbursement shall not exceed a sum equivalent to 25 percent of the salary of a GS-12, Step 1 (RUS) federal employee, currently $18,649.00, per officer. 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 Tukwila Police Department charge any indirect cost rate to DEA for the administration or implementation of this agreement. 8. TPD 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. TPD 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. TPD shall maintain all such reports and records until all litigation, claim, audits and examinations are completed and resolved, or for a period of three (3) years after termination of this agreement, whichever is later. 10. TPD 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. 11. TPD 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. TPD acknowledges that this agreement will not take effect and no federal funds will be awarded until the completed certification is received. 10/2019 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, TPD 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. TPD and DEA may request that funding be provided by HIDTA to provision Task Force Officers with leased vehicles suitable for surveillance, installation of mobile radios in the HIDTA Task Force vehicles, fuel, and routine maintenance. Procedures for reporting and investigating automobile accidents involving Official Government Vehicles (OGV'S) shall apply to accidents involving the leased vehicles furnished to the TPD personnel, in addition to whatever accident reporting requirements TPD may have. 14. While on duty and acting on task force business, the TPD officers assigned to the HIDTA 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. DEA acknowledges that the United States is liable for the actions of a 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, 2020. 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. For the Drug Enforcement Administration: Name: Keith Weis Title: Special Agent in Charge (SAC) For 3" ila Police Department Name: Bruce Linton Title: Chief of Police APPROVED AS TO FORM Office of the City Atto 3/ jAf ‘,0 Date: It --Z -20 11 C/12. Date: 10/2019 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 instructbns 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, "Govemment wide Department and Suspension (Nonprocurement) and Govemment-wide Requirements for Drug -Free Workplace (Grants)." The certifications shall be treated as a material representatbn of fact upon reliance wil be placed when the Department of Justice determines to award the covered transaction, grant, or cooperative agreement. 1. LOBBYING requk�d by c�tti�QQ�f 1352, Title 31 of the U.S. Code, and mpseMen*1 at 28CFK Part 69 iQ rrsons role ino.In o great coopers agreement over e10p�u,000, as defines at 28 c:rK Part 69, the applicant certifies that: (a) No Federal appropriate funds have been paid or will be paid, orby attempting to Influuence en offnicerto any pployee of any ag agency a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any Federal grant ire entering Into of any cooperative agreement, and extension, continuation, renewal, amendment, or modHfcatlon of any Federal grant or cooperative agreement; b If any ru ds other than Federal e r riated funds have been t fd or Will Nuts Id to any rsoene for an y angc neo ra Member to t uence n o ter ore fr a resa, a car s a �on epUon a oFaera a ar nt 31 or a MBmb rot resa employee tonne Uon �� Mils II era+ c• �retpyret aOred t, the r arsi�ln shot compeV?) and u t an ar orm L -Ea sclosure o Lobying v es, n accordance with 1 §trust ons; cJ The nd rs ned s all require that the Ia urge of this cer- catlon FndOdded In e award documents 1ogr lfsubawards at a tiersnctudin su grants, contracts under Drente and agree gsreements, and subcontracts and at all sub- rec . lents shalt -cent and disclose accordingly.Mat MariAll§ttnI0N, AND OTHER )Unc (Federal State, or local) tra sactl or co 1 ct under a 1 transaction; violation of Fedora' or Sttat ntrlrust rt�,u�,tees or comomission f mbez ment, they forgery, statemen falsification receiving stolen propel records, making �alse (4)ar dnbboypeegsovav tneindntald for (Federal State or llocar) wi�lni Comr�f pion ofany of lee offenses enumerated in paragraph 1) (cb) o s certiflce(bn; and r(tda)d Have not within a� a-y�ar Period ecdedir►g h t apglfclocal) t o tad r more pu trio sa ns a eral, fate, r oca ermine for cause or elan t: en statements Bre Inethi�' �rt�[Ii is unable to certify to any cif the auon to this a t�tion, a or s e shoo attach an pplica ion. 3. DRUG -FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) As required bike p i Fre� Workplace ,4�t of 11r9188, and rrr�lerrtanted a. CF Orr 7 ns e,.h16' andg.,.6t�gs, as Ce m at 28 u%% Pert � Sections s &.ugT re apgl eceerrl les that it will or will continue to provide a rree w (a) Publishing a stet thefrrrt notl n e to ees that the unlawful martufact_ ure, $'strtbution, dish r1s� hessesslor�, qr use o a co trotted stance pro ite In e grantee s workplace one speck n? the actions the wl be takers against employees or v btatio o such prohibition; (bf Establiehi an.on-going drug -free awareness program to As required by acutive Order 6q9, Debarment nd orm amp yns a ut- Sti nsl , ralndd imp mentedo�t 28 CF1 Prt 67 f r os l o �arl tT7� Sec [nary7co erect transaci ons, as aennecr at 28 A. The applicant certifies that it and its principals: (a) Are not presently debarred, suspended, proposed for debar- ment declared Ineligible, sentenced to a denial of Federal benobte by a State or Federal court, or voluntarily excluded from covered Transactions by any Federal department or agency; beeHave yicted o[Qrr hard a c4vI yrrd whteendered this t the n fQ r comm on oTT fraud 9r a cr a o @nse In connect on with obtaining, attempting to obtain, or pe orming a (1) The dangers of drugs abuse in the workplace; (2) Thegq��grantee's poocy of maintaining a drug -free workplace; (o(3s)sfstvnoe praobgre dr eaounseling, rehabilitation, end employee suse viauonasoocurring lnihte woi place; employees for drug ((c)) Mak n d a regglr rnent that each employee to be engaged In the perk) of gre grant be given a copy of the statement reqfyy paregrapn (a); aragrra h t t, asapcdndMon of the ployment undeerthe gran(, he empplo a WI - 7.7 (1) Abide by the te rmvs eof the stategment: and v Iafon of a criminal drug statute occur fora her ie the conviction n o later than lve calendar days aver such conviction; Motif(e) Notif Iran the a. a cry, in writing,within 2 ?lender days after /Mg vtn l ce • e sub r rarp ()() rorfl an en IQ e Er of race via a ua11 notbeee o uc corlvI tlQn° mployers o1c vio =d em yeesrn st rovic otice,Jnclud o Dooslluoon till Vie.1�TTrrr ff��A�jnnetts o g de f ee ore rip ce numbo s� of each a reeledna shall include 1th tdenl�icat n grant; (f) Takkig one of the followleg actions, within 30 G lender of race in notloa n under subbppar graph (dX2) with re act to any employee who is so convicte� 1) Taking appro yen p connertr1acjkr]ra, a al sl suF n requlements of the ehabibleet�ona lcltnoaf'19, 3 ass amended; (2} 8bbuRss urirsnuch mpekbyea 0 adicipatre satiasfactovrt ra drug ty te. orlogrrgtth, rim en arsnt,oOterr approriatteaenc (g) Making a good faith effort to continue to maintain a drug- free workplace through Implementation of paragraphs (a), (b), (c), (d), (e), and (f). (Br$. Thha rannte may Insert In the space provided below the elte (s) forC iegrperformance of work done Ih connection with the sp Pia of Performance (Street address. city, country, state, zip code) Seattle Enforcement Group D-22 300 5th Ave, suite 1300 Seattle, WA 98104 Check r hethreere are workplace on file that are not identified Sectien 67, 630 of the gulations 1ov des that kg ee het la a State :faale t to a e o oe li � In actfFeoer n al rorab Aire ma cgasa end atte irides may a to use orm (1. Check r if the State has elected to complete OJP Form 4061/7. DRUG -FREE WORKPLACE (GRANTEES WHO ARE INDIVIDUALS) ms ire uired byt hbe Diu AFro W rrkbppiace Lofg �1n988, and de8inec attyl8 CFF Part 67;Sac nss87.615 and 67.820-tees, as A. As a edition of the grant I c4rtify that I ill not e age In the unlatlu manufacture, distilbutkm dispensing. possionr or use o a controlled substance h con ikon ny activity w h te grant; and B. If convinced of a criminal drug offense resulting from a violation occurring during the conduct of any grant activity, I will report the conviction In wrding, within 10 calendar days of the conviction, 1o: Department of Justice, Office of Justice Programs, ATTN: Control Desk, 633 Indiana Avenue, N.W., Washington, D.C.20531. As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above cerliflcatans. 1. Grantee Name and Address: Tukwila Police Department 6200 Southcenter Blvd Tukwila, WA 98188 2. Application Number and/or Project Name Seattle Enforcement Group D-22 4. Typed Name and Title of Authorized Representative Bruce Linton, Chief of Police -Tukwila Police Department 5. Signature 3. Grantee IRSNendor Number 6. Date