HomeMy WebLinkAbout20-142 - Drug Enforcement Administration / Valley Narcotics Enforcement Team - HIDTA Task Force Agreement FY202120-142
Council Approval N/A
HIDTA STATE AND LOCAL TASK FORCE AGREEMENT
Valley Narcotics Enforcement Team
This agreement is made this Ist day of October 2020, between the United Slates Department of
Justice, Drug Enforcement Administration (hereinafter "DEA"), and the Tukwila Police
Department, ORM (hereinafier "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 1011owing:
The Seattle Enforcement Group D-22 Task Force will perform the activities and duties
described below:
a, disrupt the illicit drug trallic in the Greater King County area by inimobilizing larj ete
violator's and trafficking organizations;
ft 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 forces 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 TPD 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 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 ()EA 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.
5, To acconiplish the objectives of the Seattle Enforcement Group D-22 Task Force, DEA will
assign three (3) Special Agents to the task force III DTA 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 TPD officers assigned to the
task force. This support will include: office space, olliee supplies, travel funds, funds for the
purchase of evidence and information, investigative equipment, training and other support iteins.
1/1
6. During the period of assignment to the Task Force, the TPD 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. I IIDTA will, subject to availability of funds,
reimburse the Valley Narcotics Enforcement Team "VNET" for overtime payment. Annual
overtime for each state or local law enforcement officer is capped at the equivalent of 25% of a
GS -I2, 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 nasties or 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 he submitted at least quarterly within 10 business 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 Tukwila Police Department charge any indirect cost rate to DEA for the
administration or implementation of this agreement.
8. The TP[) 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 Iiicilitate on-site inspection
and auditing of such records and accounts.
9. The TPD shall permit and have readily available for examination and auditing by DEA, the
United States Department of Justice, the Comptroller General ofthc 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 TPD 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 idler termination of this agreement, whichever is later.
10. The 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, 0, I-1 and I.
I . 'The TPD agrees that an authorized officer or employee will execute and return to DEA the
attached OR Form 4061/6, Certification Regarding Lobbying; Debarment, suspension and Other
Responsibility Matters; and drug -Free Workplace Requirements. The TPD acknowledges that
this agreement will not lake effect and no federal funds will he 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 TPI)
shall clearly stale, ( 1) percentage ol'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 'I'll) understands and agrees that HID'FA will provide the Seattle Enforcement Group
D-22 Task Force Officers with vehicles suitable for surveillance, .l-IIDTA through I)F:A will
furnish mobile radios for installation in the l-IILYI'A -task Force vehicles and HIIYI'A will assume
the cost of installation and removal. I-IIDTA 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 l-IIDT'A lease contractor. DEA and HIDTA procedures for reporting and
investigating automobile accidents involving Official Government Vehicles (OGV'S) - f -Il DTA
lease vehicles shall apply to accidents involving the leased vehicles furnished to the TPI)
personnel, in addition to whatever accident reporting requirements the TPD may have.
14. While on duty and acting on task force business, the TN) officer's assigned to the IIIDTA
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. The
HID`I'A Executive Committee acknowledges 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.
15. The term of this agreement shall be effective from the date in paragraph number one until
September 30, 2021. 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 nl'this agreement. l-IIDTA will be responsible only for obligations
incurred by TPI) during the term of this agreement.
For the Drug Enforcement Administration:
K
Name: Keith Wies
Title: Special Agent in Charge (SAC)
For the Tukwila Police Department
Mnie: Bruce Linton
Title: Chief of Police
Approved as to Form:
cji G a$alta'
Office of the City Attorney
Date:
Date: 9/10/2020
U.S. DEPARTMENT OF JUSTICE
OFFICE OF JUSTICE PROGRAMS
OF FIC E OF THE COMPTROL LER
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 87, "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 fad upon reliance will be placed when the Department of Justice determines to award the
covered transaction, grant, or cooperative agreement
1. LOBBYING
As required by Se o 1352 Title 31 of the LI.S Code, and
implerttenled al 26 CFR' Part ti9 forr rsons entering into aa grant
_nt
or cooperative agreementover 51U�Ut), as defned at 2ktiFl-
art 69, the applranl certfies that:
(a) No Federal appropriate funds have been paid or wit be paid,
by or on behalf of the undersigned, to any person for influencing
or attempting to influence an officer or employee of any 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 pram the entering into of any
cooperative agreement, and exlension, continuation, renewal,
amendment, or modification of arty Federal giant or cooperative
agreement;
(b). If any h nds outer than Federal a prpprial d fund Itavebeert
paid ar like pp�ar to any person fo n encrng or attempting to
i fluence an officer or em to ee any agency,a Menthe of
Congress, art officer or envie ee of Conngre Esls alle a€plove off
a Mmber of Congress In co nacho!) vath
cooperative agreement, the undersigqned shall oamplele and
Aut nett Standard Form LLL, "Disclosure of Lobbying
CtiVr€ie.s, In accordance with itsinstructions:
{ The ndersi�r ned shall require That the language of this oer-
ti cationbeinclduded to the award documents for ltsubav ards a
al tiers_ fincludinq suragrants, contracts under grants a
cooperative a reet�nents, and subcontracts) and that all sub-
recipients shaFcertify and disclose acearargry.
hffntlAnkriRRION,
AND OTHER
As required by Executive Order 12548. Debarment and
pSu ension,.and i;irnlemented t 28 CFR Pit 67 for prospective
ptarneCFR arntst itSectionprimp/ covered transactions, aS definedat-8
A. The applicant certifies that it and its principals:
(a) Are not presently debarred, suspended. proposed for debar-
ment declared fine fig€file, sentenced to a denial of Federal
benefits by a Slate or Federal court, of voluntarily excluded from
covered transactions by airy Federal department or agency;
bI Have Rot within a three-year period preceding this apf,lication
een cortyir�ed of gr had a civil tudgmont rendered anal st them
or commission of fraud r a criminal offense in conn ection with
obtaining, attempting to obtain, or performing a
pubic (Federal State, or local) tfansadion or contract under a
pu r •• transaction; violai�an at Federal or State antitrust
Statutes or commission of ember lemen , Hien.forgery,
bribery, falsificationor destruction of records, making false
statements, or receiving stolen property,
(C) Are not presentlyIndicted fa or otherwise criminally or civilly
coat ed by a governmental entity (Federal, Slate, or vocal) wit
comOiission of any of the offenses enumerated in paragraph (1)
(b) of this certification; and
(d) Have not within a three-year period preceding this applicatio
had one or more public transardions `Federal, Slate, or/oral)
terminated for cause or default, and
f3. Where the applicant is unable In certify to any of the
statements in this certificaton, he or she shall attach an
explanation to this application.
3. DRUG-FREE WORKPLACE
(GRANTEES OTHER THAN INDIVIDUALS)
As required b the Drug Free Workplace Act of 1988, and
implemented a 28 CFR Part 67, Subpart F, for grantees, as
detined at 26 FR Part 67 Sections 7.615 and-67.62U-
A.Thanblic place lay:
that it will or will continue to protide a
drug-freeP y:
(a) Publishing a inept ,molt Iry earl to ees that the
nlaw ma ufadure, islnbution, Is prtsrn� possession, gr
use of a controlled substance is pro vbrlerf"in the grantee s
workplace and specifying the actmas that will be taken against
employees for violation of such prohibition;
b Establishing an, on-going drug-free awareness program to
n orrn ernp�oyues auout-
(1) The dangers of drugs abuse in the workplace;
(2) The grantee's policy of maintaining a drug, free workplace;
1431SLS- n typlable thud oun:eling. rehabilitation, and employee
eta The Ides that ma h impo, e u an employees for drag
Huse u Oefaliens occurnnr'ln the worffcp eco;
fc} Making it a requirement that each employee to be engaged n
i e performance f the grant be given copy of the sni
required by paragraph (a):
(d) Notifying the employee, in Jima statement fired b
ra
nagrap a) that, as condition o empoyment under the gran
the employee will-
f 1 j Abide by the terns of the statement; and
(2) Notifyhe employer in writingof his or her conviction for a
,ierat n o a criminal dr statut°mmurrin[g in the workplace no
later than live calendar days after such conviction;
(a) Notifying the agency. in writing, within10 calendar days after
recei+.7n r Duce Wider sub arar raph ()(2 from an eniplp ce
or of rerwisreceivinga �tual notice a uch ca w Er n.
mployers ofconvicted Cl ogees must rfrovicte f otice, Inokiding
lositi title eparlment o Justice, Office o ug tis
'ro rarns, A LL n(rol Desk. �33gg Indiana Avenue,
JVa bin tan, D.. 20653 r. Notice snail include the identification
numbers) of each affected grant,
(f) Taking one of the lapwing actions, within 30 calendar
days of receivingnotice ddr subparagraph (dX2), with
re pect to any employee un
€oyee who is so convrii##edd-
(Vy Taking appropriate personnel axion against such an
err plovae, up to and inckjdllng termination cioiesislent with the
requirements a the Rehabilitation Act 0 1973, as amended; or
(2) Requiring such employee to participate satisfactorily in a dru
abuse as s-tancp or rehabilitation prrain approve for such
purposes
ur r oses bya Ve agr Stale, or localea th, levr enforcement,
(g) Making a good !ail!' effort to continue to maintain a drug- free
workplace through implementation of paragraphs (a), (b), (c), (d).
(e), and (f).
8. The grantee may Insert in the space provided below the site
(s) for the performance of work done in connection with the
Specific grant.
Plata of Performance (Street address, city, country. stole, zip
Seattle F;rforcenient Group ri-22
300 5th Ave, .i e 1300
;-.;erI . t.1r_, WA 9F 104
Check I- if there are workplace on file that are not identified
here.
Section 67, 630 of the regulations provides that a grantee that is
e
a State may elect to make o cerpfioal' n in each f edera€ fiscal
year. A copy or hich sho d be included with each application
for Department a Justice funding. Stales and Slate agenoes
may elect to use JP Form 4061/7.
Check j- if the Stale has elected to complete OJPorm
406117.
DRUG-FREE WORKPLACE
(GRANTEES WHO ARE INDIVIDUALS)
As required bythe Dru Fregg W rkplace Act of 1998, and
irrrpplernent d a{ 28 CFR P rl q7, lubparl F, tar grantees. as
defused aE 8 CFR Part 67; bections 67 b 15 and 67.620-
A. Asa edition of the grant, I certify that I will not engage in
the unlawful manufacture, distribution, dispensing possessiop
or use o a controlled substance in conddfition irny activity with
the grant; an
6. If conu+nced of a criminal drug offense resulting from a
violation occurring during the conduct of any grant activity, I will
report the conviction in writing, within 10 cafandar days of the
conviction. lo: Department of Justice, Office of Justice Programs,
ATTN: Control Desk, 633 Indiana Avenue. N.W., Washington.
D.C. 20531.
As the duly auLho
zed representative of the applicant. t hereby certify that the applicant will comply with the above cerlificetions.
1. Grantee Name and Address:
Tu 5•I'. .a }','.}'.• CC D, -,p r—l'.rnrnt-
)200 S<>uLtic:en+_ei Blvd
'= u) r .i. a, WA n 8! F 0
2. Application Number andlor Project Name
Sc, att ] e F: r:'nrce:rten t: G -r -up D-22
3. Grantee IRSAfendor Number
4. Typed Name and Titlef of Authorized Representative
mice Linton - Police i.ef--T'.; wiia Police 1)( 1)i.r -f.i.ici3L 9/10/2020
5. Signature
6. Date
Drug Enforcement Administration
Asset Forfeiture Sharing Memorandum of Understanding
This agreement is made this 1' day of October, 2020, between the United States Department of
Justice, Drug i;nibrcemenl Administration Enforcement (hereinafter "DEA"), and the Tukwila
Police Department (hereinafter 'TPD").
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 ('`lG•t()l;")
governing the Task Force's equitable sharing requests and participation in the United States
Department of Justice ("DOT') Equitable Sharing Program:
The following are the Task Force Participants and their contribution to the Task Force:
Participating Agency„
Auburn Police Department
Federal Way Police Department
Kent Police Department
Renton Police Department
Seattle Police Department
Tukwila Police Department
Washington State Patrol
Contribution
l TFO
I TF()
TFO
i
TF()
1 TF()
I TFO
1 'I F-(.)
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 Billy 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 SO%
Thx7., equitable sharing will he disbursed per the agreed upon 1,1Ot1 signed by all agencies participating in
the Valley Narcotics Enforcement Team 'rusk Force,
3. Participants understand that if a non-MOU member receives an equitable share based upon
their contribution, then the MOU Participants' shares shall he reduced proportionately (e.g., if
non-MOU agency C receives 10% based upon their contribution, then the MOU Participants'
pre -arranged percentages shall he 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 (DO.1) 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:
Keith Weis
Special Agent in Charge
For the Tukwila Police Department:
Bruce Linton
Chief of Police
2
Date: 9 /t9 /..C.1
Date: 9/10/2020