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HomeMy WebLinkAboutState & Local HIDTA Task Force Agreement (V-NET)`STATE AND LOCAL HIDTA TASK FORCE AGREEMENT Northwest HIDTA Integrated DEA, State and Local Task Force This agreement is made this 1st day of October 2008, between, the United States Department of Justice, Drug Enforcement Administration (hereinafter "DEA"), and the Auburn Police Department (hereinafter "APD"). Whereas there is evidence that trafficking in narcotics and dangerous drugs exists in the Seattle metropolitan area and that such illegal activity has a substantial and detrimental effect on the health and general welfare of the people of the Seattle metropolitan area, the parties hereto agree to the following: 1. The Seattle HIDTA Task Force Group will perform the activities and duties described below: a. disrupt the illicit drug traffic in the Seattle metropolitan 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 Task Force Group, the APD agrees to detail one (1) experienced officer.to the Seattle HIDTA Task Force Group for a period of not less than two gears. During this period of assignment, the APD officer will be under the direct supervision and control of DEA supervisory personnel assigned to the task force. 3. The APD officer 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 APD officer assigned to the task force shall be.deputized as task force officers of DEA pursuant to 21 USC 878. 5. To accomplish the objectives of the Seattle HIDTA Task Force Group, DEA will assign two (2) Special Agents to the task force. DEA will also, subject to the availability of HIDTA's annually appropriated funds or any continuing resolution'thereof, provide necessary funds and equipment to support the activities of the DEA Special Agents and the APD officer assigned to the task force. 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 Task Force Group, the APD will remain responsible for establishing the salaries and benefits, including overtime, of the APD officer assigned to the task force and for making all payments due them. HIDTA will, subject to availability of funds, reimburse the APD for overtime payments made by it to the APD officer assigned to the Seattle HIDTA Task Force Group for overtime, up to a sum equivalent to 25 percent of the salary of a GS-12, Step 1 (RUS) federal employee, currently $16,328.75, per officer. 7. In no event will the APD charge any indirect cost rate to DEA for the administration or implementation of this agreement. 8. The APD 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 APD 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 APD shall maintain all such reports and records until all audits and examinations are completed and resolved or for a period of three (3) years after termination of this agreement, whichever is sooner. 10. The.APD 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 APD 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 APD 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, proposals, bid solicitations projects or programs funded the APD shall clearly state.: the program or project which and (2) the dollar. amount of project. press releases requests for and other documents describing in whole or part with federal money, (1) percentage of the total cost of will be financed with federal money federal funds for the program or 13. The APD understands and agrees that HIDTA will provide the APD Task Force Officer 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., oil 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 (OGVs)- HIDTA lease vehicles shall apply to accidents involving the leased vehicles furnished to the APD personnel, in addition to whatever accident reporting requirements the APD may have. 14. While on duty and acting on, task force business, the APD officer assigned to the HIDTA task force shall be subject to all DEA and federal government rules, regulations and procedures governing the use of OGVs for home to work transportation and for personal business. The HIDTA 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, 28 U.S.C. 2401 (b) 2671-2680. 15. The term of this agreement shall be from the date of signature by representatives of both parties to September 30, 2009. This agreement may be terminated by either party on 30 days advance written notice. Billings for all outstanding obligations must be received by DEA within 90 days of the date of termination of this agreement. HIDTA will be responsible only for obligations incurred by APD during the term of this agreement. For the Drug.Enforcement Administration: Arnold R. Moorin Special Agent in Charge Seattle Field Division For the Auburn Police Department: VS- Kelly Chief. of Police Auburn Police Department Date: Date: ©11- 3D--0% 9 , 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 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 As required by Section 1352 Title 31 of the U.S. Code, and implemented at 28 CFR Par{ 69, for persons entering into a grant or cooperative agreement over $100,000, as defined at 28 CFR Part 69, the applicant certifies that: (a) No Federal apppropriate funds have been paid or will be paid, by or on bef?alf of the undersigned, to any person for in- fluencing 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 con- nection with the making of any Federal grant, the entering into of any cooperative agreement, and extension, continuation, renewal, amendment, or modification of any Federal grant or cooperative agreement; (b) If any, funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or at- tempting 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 this Federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, "Disclosure of Lobbying Activities," in accordance with its instructions; (c). The undersigned shall require that the language of this cer- tification be included in the award documents or all subawards at all tiers (including subgrants, contracts under grants and cooperative agreements, and subcontracts) and that all sub- recipients shalf certify and disclose accordingly. 2. DEBARMENT SUSPENSION, AND OTHER RESPONSIBILIW MATTERS (DIRECT RECIPIENT) As required by Executive Order 12549 Debarment and Suspension, and implemented at 28 CFR Ort 67, for prospec- tive participants in prima covered transactions, as defined at 28 CFR Part 67, Section 67.510- A. The applicant certifies that it and its principals: (a) Are not presently, debarred, suspended, proposed for debar- ment declared inegible sentenced to a denial of Federal benefits by a State or Vederal court, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this applica- tion been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connec- tion with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement theft forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civil charged by a governmental entity (Federal, State, or loc'A with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three-year period preceding this applica- tion had one or more public transactions (Federal, State, or local) terminated for cause.or default; and B. Where the applicant is unable to certify to any of the statements in this certification, 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 ayt 28 CFR Part 67, Subpart F, for grantees as defined at 28 CFR Part 67 Sections 67.615 and 67.620- A. The applicant certifies that it will or will continue to provide a drug-free workplace by: (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 workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b Establishing an on-going drug-free awareness program to inform employees about- (1) The dangers of drugs abuse in the workplace; (2) The grantee's policy of maintaining a drug-free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; c) Making it a requirement that each employee to be engaged n the performance of the. grant be given a copy of the state- ment required by paragraph (a); (d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will- 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 (2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; (e Notifying the agency, in writing, within 10 calendar days after receiving notice under subparagrapph (df(2) from an i Check E] if there are workplace on file that are not identified h c- employee or otherwise receiving actual notice o such conv ees must provide notice ers of convicted em lo lo Em n ti ere. p y y p . o including_ position title to: Department of Justice, Office o#. 633 Indiana Avenue, ATfN: Control Desk Justice rograms Section 67, 630 of the regulations provides that a grantee that is a State may elect to make one certification in each Federal , , N.W., Washington D.C. 20531. Notice shall include the iden- tifcation number(sl of each affected grant; fiscal year. A copy of which should be included with each ap- plication for Department of Justice funding. States and State agencies may elect to use OJP Form 406117. (f) Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (d)(2), with Check ? if the State has elected to complete OJP Form respect to any employee who is so convicted- 4061/7. (1) Taking appropriate personnel action against such an consistent with the up to and including termination employee DRUG-FREE WORKPLACE , , requirements of the Rehabilitation Act of 1973, as amended; or (GRANTEES WHO ARE INDIVIDUALS) (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for As required by the Drug-Free Workplace Act of 1988, and implemented at 28 CFR Part 67, Subpart F, for grantees, as 620- 615 and 67 t 28 CFR Part 67; Sections 67 d d fi such purposes by a Federal, State, or local health, law enforce- t a i th . . ne a e gency; a er appropr e ment, or o (g) Making a good faith effort to continue to maintain a drug- b) h A. As a condition of the grant I certify that I will not engage in the unlawful manufacture distribution, dispensing posses- or use of a controlled substance in condition any n i , s (a), ( ffree workplace through implementation of paragrap (c), (d), (e), and (f). , s o activity with the grant; and B. The grantee may insert in the space provided below the site(s) for the performance of work done in connection with B. If convinced of a criminal drug offense resulting from a violation occurring during the conduct of anyy grant activity, I ' the specific grant: writing within 10 calendar days will report the conviction, in of the conviction, to: Department N Justice, Office of Justice Place of Performance (Street address, city, country, state, zip Programs, ATTN: Control Desk, 633 Indiana Avenue, N.W., 20531 D C Washington code) . . . , 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: t`?v g? tLr? ?E1t_\ CEpri' ME+.f C- ? Cy ?-?ST f?Ac tN ?T2't?1?T ?Zb 1 A-vcav(Z,J t 1?? c{g©O? 2. Application Number and/or Project Name 3. Grantee IRS/Vendor Number 4. .JrgM S ?eLj::y C"I Typed Name and Title of Authorized Representative 5. Signature) Of-- ?0 L-11 CE 6. Date