HomeMy WebLinkAbout23-092 - Drug Enforcement Administration - HIDTA Task Force Agreement23-092
Council Approval N/A
HIDTA STATE AND LOCAL TASK FORCE AGREEMENT
TUKWILA POLICE DEPARTMENT
This agreement is made this 1st day of October 2022, between the United States Department of
Justice, Drug Enforcement Administration (hereinafter "DEA"), and the Tukwila Police
Department ORI#WA0172300 (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:
1 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 personnel
assigned to the task force.
3 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.
4 The parent agency officers assigned to the task force shall be deputized as task force
officers pursuant to 21 USC § 878.
5 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 funding 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, funds for the purchase of
evidence and information, investigative equipment, training and other support items.
6 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 funds,
HIDTA funds may reimburse the Valley Narcotics Enforcement Teain "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.
11 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
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 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
funds 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 funding 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 government rules,
regulations and procedures governing the use of OGV's for home 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 inay 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 funding of the HIDTA Task Force is
subject to the availability of annual appropriated funds for each federal fiscal year
(October 1 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 fluids.
For the Drug Enforcement Administration:
Acting, Special Agent in Charge
Seattle Field Division
For the Tukwila Police Department:
P?"/././),L.,
Date
12/20/22
Eric Dreyer Date
Chief
U.S. DEPARTMENT OF JUSTICE
OFFICE OF JUSTICE PROGRAMS
OFFICE OF THE COMPTROLLER
CERTIFICATIONS REGARDING LOBBYING,- DEBARMENT, SUSPENSION AND
OTHER RESPONSIBILITY MATTERS; AND DRU -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
Asa uir d b eal ffl 3 Title 31 of the U.,S. Code, an
prc#o6 etes app cen f es t�lt 68'8Rnas deet ne t iato2� 4
(a) No F d ra appropriate funds have been paid or will be aid,
byor on behalf othe undersi d, to an erson for influencing
o attempting. to n uence an icer oremployee anyagency,
aMember of Congress, an oiic_er or employee of ongrs, Or
an employe o a Member o Congress in connection with the
make i f any Federalegrant tthe entering into of an
coope alive ag eement, an exte ior�, ntin ation, renewal,
amendment, or modification of any Federal grant or cooperative
agreement;
b if any funds other than Federal a r riated fund hav .be n
d or iil�oe laeto an eosaoe fo n d a cen ora em iintga{
nnre s as ° lcer oroeetn o ee of Con e o h i e plo a oo
a member of �ona res incone tion is eaera �ryanr or
co�oerratiieearaorae nen ( the ersi a snalicompe an
un ermine Ot Loobyng
)activities, in accordance with its intructions;
8ii tierrast n ciuudinJs AV 'X
s don[ acts udnoeer . rranht a a#
reociipientsshairceriIiyeani aiscloseaacecoraingiyantl trfa llatf sura.
figNineggioN,
AND OTHER
nd
%ec onarg7cei eattrans�Rons,6Meideipined acfa
A. The applicant certifies that it and its principals:
menti. eineligible blears ntenc dntoedaprd�eniai of Federal
benefits a declaredStatte o(Federa�l court, or voluntarilyexcluded from
covered transactions by any Federal deparment or agency;
Have not
noeen r obtaining,commission ication
nto fraud
tor anc�rimir irrla n rrens ga�in�cdonrrecctthis tiionn with
utb is (Federal . State , r local) tra ado or c+
!ru tuiestrffer tic�aE' nissio�radt�o f em ez.zier ncois,
s em nts, or receiving storen property;
tract tditerur
makingrraesd
Are not presently indicted f r or th rw criminal orcnarcivet
lo} 0 Inttruer'cerciicntiaroo fiaoftens s(enuamerarecTtirri paraagraph (1)
aa and
one ort within ub) c neactlons �eaerai,g5Late application
terminated or causeor de au ; an
B. Where the.. eiSPpli i i [irunable lito sig sfy hall aattacri the
expranauon to this appIca ion.
GRANTEiiS 8qH girfri V IktiVIDUALS)
As� le ueired a eCDiu-Frrtee7W riielarcie cttt 01' 1n9t88,sand
deTiine a`t 28 Part 5ectlons t 61 ' and M.o u-
dA. Ile a' ! it nat certifies that it will or will continue to provide a
rug reg r ri y
{a Pubjishin,�u a ulstat mE t noti n em to ees that the
useawt Ia coace iitrSiiea.ehunsirl� acts ora aTnw b vcfhe raragaee
workinst
employees tor violation or sfyinouch prohibition;
m(b) I ablishinaemployeeut-
n oon-going drug -tree awareness program to
r
(1) The dangers of drugs abuse in the workplace;
(2) The grantee's policy of maintaining a drug-free workplace;
Vdsal/Age/Mams ganc unsetng, rehabilitation, and employee
anuse viO a )bens of caurnnginPthe wa (pLaupe4n employees for drug
(c)Makinga recbtrir e g t ntthatbeach e a corpy toto esrateed in
e ante 1 ran a even copy ofe s men
required by parttaggrap �pa ;Nostatementp y
aragpr�app ii1Ia Viet, employee
s 8 Icondiition of emplmet nder'(he grant',
e ernploy8e wiii-
OJP FORM 4061/6 (3-91) REPLACES OJP FORMS 4061/2, 4062/3 AND 4061/4 WHICH ARE OBSOLETE.
(1) Abide by the terms of the statement; and
Dfa tbf yo taecr�nr nal em ma u e ooccurrrin� the w oncpracee no
er en ve ca en ercloys a er suc conviction;
receig; " Uce e
in L erred); ); c rime
vas num er) of each ai
rcry,si gltaa'ar�pght) a en en plo eo
��� aPa �as s?y�sl rovlc��s$iead�nr�� n�
aoai .oak sna 1 ��uue the roentificalron
ec ed gran ;
sa ng0eliof the
following
actions, within_ ae.len ftr
e&seaitoanvmployewoisoronvte�aPri )(c
ing
rsonnel
on
aainst
ma
rhe" gu remotes o be a a�i alter)Actor �lar3,consistents dad;"oma
ll
umLiA-noses a iedoeratb'Sfa� , or to��i'rea h, uaw en once ant,
or other appropriate agency;
Making anoot faith effort to continue to anteidru • tree
rkp1 c thru m emenlaton 01paragraphs (a), (b), (8),1�
(0),
(s) faell a aonormasnice o[ iwa ice agna inr connection° w�the tries
ear o gra .
gm, of Performance (Street address, city, country, state, zip
300 5th Ave, Suite 1300
Seattle, WA 98104
Cheek r
if h there are workplace on file that are not identified
ere.
aSettlyntxn mt37a160.1e0fifthleo unuotaull$11oesnetallovIrldoeosiathom Nhatirt
rer eon? ga az .16 alas and% Hoene gra/
may mast o use COM 4U 1
Check r 40B o State has elected- to- complete OP Form
VROIStiE ltIVIDUALS)
�,,s free uet dtl b eCp Ftte 7W to oFAcft of 1088dsand
dune a 8 gA ark , SS tlis�l ff and �r/.� -
ate anis ulnrdnitanofincwregas ttibu on'conaens n&enttil not 8sS off
age in
je grani aneon roe sibs ants n con
B if convinced of s er inal dru offense restultinn fro
vista !o occur:inn rnuti�g (0 coney of
fftlon rant actiir viittys, 1 wI
rano I o bio: D sknontoinJdiena h0enu�o �vYtIc�llgsnfnams,
05 1.•
As the duly aulhorized representative of the applicant, I hereby certify that the applicant will comply with the above certi0cations.
1. Grantee Name and Address:
Tukwila Police Department
15005 Tukwila Inlernatlonal Blvd,
Tukwila, WA 98168
2. Application Number and/or Project Name
DEA Seattle Field Division
4. Typed Name and Tilte of Authorized Representative
Eric Dreyer, Chief of Police
3. Grantee tRSNendor Number
5. Signature
6. Date
12/20/2022
Drug Enforcement Administration
Asset Forfeiture Sharing Memorandum of Understanding
This agreement is made this 1SI day of October, 2022, between the United States Department of
Justice, Drug Enforcement Administration Enforcement (hereinafter "DEA"), and the Tukwila
Police Department (hereinafter "TPD").
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 1 TFO
Kent Police Department 1 TFO
Renton Police Department 1 TFO
Seattle Police Department 1 TFO
Tukwila Police Department 1 TFO
Washington State Patrol 1 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%.
S. 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 Aiinistration:
Jacob & Galvan
Acting, Special Agent in Charge -Seattle Field Division
For the Tukwila Police Department:
' Eric Dreyer
Chief of Police
2
Date:
12/20/22