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HomeMy WebLinkAboutContract - HIDTA - RPDHIDTA STATE AND LOCAL TASK FORCE AGREEMENT This agreement is made this I day of October 2022, between the United States Department of Justice, Drug Enforcement Administration (hereinafter "DEA"), and the Renton Police Department ORI#WA0171300 (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 traff eking 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 haffic 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. 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. 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 finds, funds for the purchase of evidence and information, investigative equipment, training and other support items. 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 fimds may reimburse the Valley Narcotics Enforcement Team "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 overtinte `Shall not include any costs for benefits, with 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. 1 I 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 Matteis; and drug -Free Workplace Requirements. The parent agency acknowledges that this agreement will not take effect and no federal foods 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 fiirnished by DEA subject to the availability and approval of HIDTA finding for vehicle leases. DEA may request that HIDTA find 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 wrongfiil 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 may 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 signahue 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 finding of the HIDTA Task Force is subject to the availability of annual appropriated funds for each federal fiscal year (October I 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 funds. For the Drug Enforcement Administration: Acting, Special Agent in Charge Seattle Field Division For the Renton Police DeparUnent: Jon Schuldt Chief of /f 61 Date 1/4/2023 I� 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. LOBBYINGgS�� tt�oonnf the t a�n�ddtt uapp�'Ic (Ffederal.State. rdlocal) tea ea doo or it ct un r IRlfplefllBlaaBd eaY 28eeme l 0` 9 f?b8,� 8nas aeline� eto2� FR `lelt�bnrtsro� emeilvl nr9 loele4ri propeltoyTtzr cortls hm ingoea se# gario6p�eisa app nit cer�lfies t�tat: 9 �a Are of present l indf t d fof or th rw' criminal or civil 6yNo Febdehra� apfploopriate funds have b y n paid or will be�aidg, arg+ � > �orverii onclafpnlI X (I?a era late Pr o9 1 wl ) or on e a f o fl e undersl ad, to an person for InBue aid, om'f' slo a In); e o ens s enumel'a a Iri ara rah or atterotptin to in uence an icer or employee 71' nX, agency, �) o Is ce I Ica oand a Mem er o C ng[e�ss, an o Icer or employee o o gre s, r an emplo ee off a Meembeer of Con ass I opnqnect,on wlt t the oaople alive agreemenfralnaraexie slonen�e tlnUallotn, �enew (dddiavg next within ol�reeer;ya�ar aeer'ns grecdeding 1hi apglir(alio0 8s kermins a rfomceus orl eiau f en ns lure eral, Sta e, r oca�q) amendment, or modification of any Federaci grant or cooperative agreement; B Whe a the a pli Is una le to rtify to an f the sfat�merrts In lhlsp c�ceru ttcavon, a or s a shall a acu an b fan ds othher than Federal r paled fund hav ben exp one Ion to this app Ica Ion. C � nee an car ore grsas an gencmgg or aa�em �'Inl o uence an o car ore o ee tan a en a e e o o ea o onn re o ao a ote? o �p �E a�nmbset o on res I co ne fion is a era r n o 3g DA420 FYK�I HAN INOIVIDUAL5) r,, a the' ersl e� s at ce p a� anrf (GRA cu, Rrt tlytoantga�d �otm i-a-� �lsclosure o� oobying c Iwbes, me ccordancewith its mStruchons; As re uir drII b eC ��u -Frtrre W rkkgqlace t of 1n9�8, and a�pp d I7a q (@ yp q �ealne�ea��e28 Part � Se�c�lon�s tl /.�6t A �%.H1us, as oI ion inFIU➢etl in 11 a av✓aurtl docUlme�ts id� 2lfsubaw8fdsee� n h a hers, me u m su gran s contracts untler rants and ofu Itree pv�Oi art�cebrtlhes that rt will or will continue to provide a cc or tiv re e entts n ?;u contr c s an that al' sub- 9- p y' re lents s ace I and isGose accoroing�y. a Wishing Ishtn a slat met note In em to as that the a� � ma to to eev, Is n ution, pIs ,���,n I pQssessw pr �,t,� ION, AND OTHER mployee lor3Yrsdlattiion oT s�uu pitoRibit n; Iwl be ta�Cets aga ns� �iI'��tYi �,�r��� an im amen ed �rf�nft�rauns cttions'6a§�ode�ineri°aso�u A. The applicant certifies that it and its principals: (a) Are no presentl ,gdebarregd, suspended, prdopos d for debar- oe etfits by ar�ta(e o�r"Feideral coun�ceer voluntahle excludedirom covered transactions by any at depar�mentoragency; �rbifortnlemp�oya�sanout9omg drug -free awareness program to (1) The dangers of drugs abuse in the workplace; (2) The grantee's policy of maintaining a drug -free workplace; (aJs)sl5pAs svelteproIsms %qunseling, rechablutation, and employee e v�o?,jallns occutrrina�inahle �ior�ecplacpe?n employees for drug Mak'n dare r inept thatt each ento ee to he en ed i �bd Have no�wdthin4a thor e->cea��re�d �eceddnafdrir�agblkc�t'leo� �fer�oginance uil �iG grant be given a c�py of OJP FORM 406116 (6.9f) REPLACES OJP FORMS 4061/2, 406213 AND 4061/4 WHICH ARE OBSOLETE. (1) Abide by the terms of the statement; and �2 NNptify he em toe In ri i if his or her convi do for a 300 5th Ave, Suite 1300 rI ilaf�aa o� a criT n8arlydug s{ uta occurring 7p the wocrkpface no Seattle, WA 98104 a er an we ca en ar ays a er such con is ion; tel eiVlt, r1�2slticegge1� eel�erfla'��saa"�ub�nw�8uaf ngo!fyy{{ic01)b rCoo aacne oC'' 6 ^as gtllmErlf nP& c EV z Yam' r5'of$ce shaIs�iuoyuafP&°airPen�ifc�i�lYalwad I m�t 6 (�{qp �n�y er�s) of each a ecle'd grant; ((ff�1 Ta n one. oggf the, followi actl ns, withi 30 lend r (r0es�pec5to'anyieinployeewhoUsoorconvairlerograp�r (d)(rf�, with �egUorlimen�sPoflhe`�rR. 1ilquRnelUo?�Obcoasamenidecihoiae L?� se suc emclgyeI italo,participate ris f arcioovel� iiio r suc� use as i an or e BruMee appropriate aglency e, or o ea h, w en orcemen , (g) Making a oodd faith effort to, continue to maintain a drug -free workplacg thr�ugh implementation of paragraphs (a), (b), (), (d), (a), and ip. rR The rante ma insertrt in tie ace. rovidecibelow t e ite §sdecifc g arRenormnnce of work Bone i�i connection vn taa coadrj of Performance (Street address, city, country, state, zip Check i g there are workplace on file that are not identified ere. m� b� Ia fi�a as'a d ��� "p�gendes Check i - 4061fl.State has elected to complete OJP Form �GRUA�TEES WHO APRE INDIVIDUALS e�?ea d� 41' 1 io WB .919 ad 6.�flVees aas Asia a``..��cidilion f he gr t.I artify (hat I will not enga a in �h use f'arn ntfo eu subfanr Inn'conoi�ion n2riiy a°ctsv lsyw �h 0 ie grant; and B. 1J convinced o� a criminal dru� o�fense resulting, fro ,g violation occurrtn�q unng tqe wndu o any (grate ach s fen I report the convi ion in wnling, Within 10 car da s of the Anvicbo to: De arfinent of JusticeOffice off JustiPrograms, fTN: �ontrol Bask, 633 Indiana Avenue, N.W., celNashington, D.C. 20531. 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: Renton Police Department 1055 S Grady Way Renton, WA 98057 2. Application Number andlor Project Name DEA Seattle Field Division 4. Typed Name and Title of Authorized Representative Jon Schuldt, Chief of Police 3. Grantee IRSNendor Number 6. Date � /L1 /Zoz3 Drug Enforcement Administration Asset Forfeiture Sharing Memorandum of Understanding This agreement is made this ls' day m October, 2022, between the United States Department of Justice, Drug Enforcement Administration Enforcement (hereinafter "DEA"), and the Renton Police Department (hereinafter "RPD" ). 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 govenmient 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 8004 3. Participants understand that if a non-MOU member receives an equitable share based upon their conh•ibution, 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 mininmm 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 tA Drug Enforce,A eiy Administration: Date: //Z6I . Galvan Special Agent in Charge -Seattle Field Division For the Renton Police Department: Date: 1/4/2023 Jon Scheldt Chief of Police