HomeMy WebLinkAboutState and Local HIDTA Task Force Agreement a
90D
Appendix F
STATE AND LOCAL HIDTA TASK FORCE AGREEMENT
This agreement is made this 1st day of October 2019,between the United States Department of
Justice, Drug Enforcement Administration(hereinafter"DEA"), and the Auburn Police
Department(hereinafter"APD"). 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 APD
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 APD officers will be
under the direct supervision and control of DEA supervisory personnel assigned to the task force.
3. The APD 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 APD officers assigned to the task force shall be deputized as task force officers of DEA
pursuant to 21 USC 878.
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5. To accomplish the objectives of the Seattle Enforcement Group D-22 Task Force DEA will
assign(3)Special Agents to the task force. APD 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. IIIDTA 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 APD
will remain responsible for establishing the salaries and benefits, including overtime, of the APD
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 Auburn
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 overtinte "Shall not include any costs for benefits,such as retirement,
FICA, and other expenses."
7. In no event will Auburn Police Department charge any indirect cost rate to DEA for the
administration or implementation of this agreement.
8. 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. 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. APD 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. 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. 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. APD acknowledges that this
agreement will not take effect and no federal funds will be awarded until the completed
certification is received.
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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, APD
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. APD 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 APD personnel, in addition to
whatever accident reporting requirements APD may have.
14. While on duty and acting on task force business,the APD 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.
t
For the Drug Enforcement Administration:
L— Date: `"30-2 O 1 -`
Name: Keith Weis
Title: Special Agent in Charge(SAC)
0.„For the Auburn Po ' partment
Date: (161 l�
Name: William Pierson
Title:Chief of Police
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U.S. DEPARTMENT OF JUSTICE
rl 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 public (Federal,,State, or local) trio saction or contract under a
WAG transacion;. violation of Federal or State antitrust
As required by Section 1352 T'tle 31 of the U.S. Code, and statutes or commission of embezzlement, theft,. forgery,
implemented at 28 CF-K Partti9 for p rsons entering Into a grant bribery falsification or destruction of records, making ralse
Pr cooperative agreement over$100,00, as define at 28-cFR staterrlents, or receiving stolen property;
art 69,the appicant certifies that:
C�)Are not presentlyindicted for or otherwise criminally or civilly
(a) No Federal appropriate funds have been paid or will be paid, BharaQd by ao goveMm ntal entity (Federal, State, or local)with
by or on behalf of the undersigned, to any person for influencing b orhis thi cer of-any
yioof and offenses enumerated in paragraph (1)
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 grant, the entering into of any (d)Have not within a three-year period preceding this application
cooperative agreement, and extension, continuation, renewal, haad one or more public trBnsaCtions (Federal, State, 6r local)
amendment,or modification of any Federal grant or cooperative terminated for cause or default,and
agreement;
B. Where the applicant isunable to certify to any of the
statements in this codification, he or she shall attach an
b).If any funds other than Federal approQpriated funds have been explanaton to this application.
aid or will be pid to any person for influencingor attempting to
nfluence an officer or employee f an agen , a Meriibei of
Con ress,an officer or empoee of Congress,or an em loyee of 3. DRUG-FREE WORKPLACE
a Member of Congress in connection with this Fe era rant or
cooperativyee agreement, the undersigned shall comp ate and (GRANTEES OTHER THAN INDIVIDUALS)
submit Stan(fard Form - LLL, '�UIsclosure of Lobbying
Activities,"in accordance with its instructions; As required b the Dprug FreWorkplace Act of 1988, and
implemented a 28 FR Part 67, Subpart F,for grantees, as
defined at 28 FR Part 67 Sections 67.615 and 67.620-
((c)) The undersigned shall require that the language of this cer-
tification be inducted in the award documents for alf subawards at A. Tne applicant certifies that it will or will continue to provide a
all tiers (includin subgrants, contracts under grants and drug-tree werkpiace y:
cooperative agree encs, and subcontracts) and that all sub-
reciptents shalrcertify and disclose accordingly.
) ufadur to ems nbutiooti in eosin loyees that the
unlawfulPublishing possession, or
use of a controlled, substance is pro `bite 'in the grantee's
AND OTHER workplace d specifying the uc actions that will be taken against
ri�br�MA employees for violaUoh of such prohibition;
E Nl (b) Establishing a on-going drug-free awareness program to
As required by Executive Order 2549, Debarment and Inform employe-es about-
Susoension,and implemented at 26 CFR Prl 67 f r orospe tiye
pa i an s in primary coveredtransactions, a§ ae me at Zbi
CFR Part 67,Section 67.510- (1)The dangers of drugs abuse in the workplace;
(2)The grantee's policy of maintaining a drug-free workplace;
A. The applicant certifies that it and Its principals:
(3) Any available drugs counseling, rehabilitation, and employee
(a)Are not presently debarred,suspended, proposed for debar- assistance programs; n
ment declared ineligible, sentenced to a denial of Federal
benefits by a State or Federalcourt, or voluntarily excludeden
from 0) The palties that may bimposted upon employees for drug
covered transactions byany
Federal department or agency; Huse v o a ions occurring in the of a e;
(c) Makin it a requirement that each employee to be engaged in
(b) Have not within a three-year period precedingthis application the performance of the grant be given a copy of the statement
been convicted of or hada civil.ludgment rendeed against them required by paragraph(a ;
for commission of fraud or a criminal offense in connection with
obtaining,attempting to obtain,or performing a
d) Notifying the employee, in the Statement required by
earagraph(a)that,as a condition of employment under the grant,
he employee will-
.
(1)Abide by the terms of the statement;and
Seattle Enforcement Group D-22
(2) Notify the employer in writing of his or her conviction for a 300 5th Ave suite 1300
violation ofa criminaldna statut occurring_ the workplace no
later than five calendar days after such congrctlon;
Seattle, WA 98104
e) Notifying the agency in writing,within 10 calendar days after
receivingnotice under subparagraph (d)(2) from an em.plp a if there are workplace on file that are not identified
r otherwise receiving actual notice o such coevicti n. Check r here. p
or
of convicted ramployees must provid notice, n lu in
posrtioh title to: eparfinent of Justice, Office of Justice
Proggraams, A`TTN: ontrol pesk, 633 Indiana Avenue, N. V. Section 67, 630 of the regulations pp ovidesthat a grantee that is
WashIn ton D.C. 20531. Notice shall include the identification State mayelect to make one certification in each Federal fiscal
numbers)of each affected grant; year. A coy of which should be included with each application
for Department of J slice funding Mates and State agencies
may elect to use OJP Form 406117.
(f) Taking oneof the followingactions, within 30 calendar
days of receivingnotice undr subparagraph (d)(2), with Check if the State has elected to complete OJP Form
respect to any emloyee who a so convicted- t— p
4061/7.
(1) Taking appropriate pegrsonnel action against such an
employee, up to and including termination consistent with the DRUG-FREE WORKPLACE
.
regUir ments of the Rehabilitation Act of 1973,as amended;or (GRANTEES WHO ARE INDIVIDUALS)
(2)Requiring such employeeto participate satisfactorily in a drug As required by the Drug-Free Workplace Act of 1988, and
abusepassistance or rehabilitation program approved for such implemented t 28 CFR Part 67, Subpart F, for grantees, as
purposothees by
Federal,
ageState, or local?health, law enforcement, defined at 28 at
Part 67;Sections 67.615 and 67.620-
A. As a condition of the grradnt,.I certify that I will not engage in
(g)Making a good faith effort to continue to maintain a drug-free the unlawful manufacture, distribution, dispensing, possesaion,
oworkplace through implementation of paragraphs(a), (b),(c), (d), th uge of a ontrolled substance in condition an ctiv:ry wan(e),and(f). the grant;and
The grantee may Insert in the space provided below the Site B. If convinced of a criminal drug offense resulting.from a
s) for the performance of work crone ih connection with the violation occuning during the conduct of any grant activity, I will
specific grant: report the conviction, in writing, within 10 calendar days of the
conviction, to: Department of Justice, Office of Justice Programs,
Placeof Performance (Street address, city, country, state, zip DC 0531ntrol Desk, 633 Indiana Avenue, N.W., Washington,
cod
As the duty authorized representative of the applicant,I hereby certify that the applicant will comply with the above certifications.
1. Grantee Name and Address:
Auburn Police Department
25 West Main Street
Auburn, WA 98001
2. Application Number and/or Project Name 3. Grantee IRSNendor Number
Seattle Enforcement Group D-22
4. Typed Name and Title of Authorized Representative
William Pierson, Chief of Police - Auburn Police Department
5. Signature 6. Date