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HomeMy WebLinkAboutDrug Enforcement and Administration - Program Funded State and Local Task Force Agreement ORI# WA0110200PROGRAM -FUNDED STATE AND LOCAL 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 Pasco Police Department (hereinafter 11 PPD"), ORI# WA0l 10200. 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 Tri- Cities area and that such illegal activity has a substantial and detrimental effect on the health and general welfare of the people of the Tri-Cities, the parties hereto agree to the following: 1. The Tri-Cities, WA Post of Duty (D-34) (Task Force Group) Task Force will perform the activities and duties described below: a. disrupt the illicit drug traffic in the Tri-Cities 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 Tri-Cities, WA Post of Duty (D-34) (Task Force Group) Task Force, the PPD agrees to detail one ( 1) experienced officer to the Tri-Cities, WA Post of Duty (D-34) (Task Force Group) Task Force for a period of not less than two years. During this period of assignment, the PPD officer will be under the direct supervision and control of DEA supervisory personnel assigned to the Task Force. 3. The PPD officer assigned to the Task Force shall adhere to DEA policies and procedures. Failure to adhere to DEA policies and procedures shall be grounds for dismissal from the Task Force. 4. The PPD officer assigned to the Task Force shall be deputized as a Task Force Officer of DEA pursuant to 21 U.S.C. Section 878. 5. To accomplish the objectives of the Tri-Cities, WA Post of Duty (D-34) (Task Force Group) Task Force, DEA will assign three (3) Special Agents to the Task Force. DEA 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 PPD officer assigned to the Task Force. This support will include: office space, office supplies, travel 1 funds, funds for the purchase of evidence and information, investigative equipment, training, and other support items. 6. During the period of assignment to the Tri-Cities, WA Post of Duty (D-34) (Task Force Group) Task Force, the PPD 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. DEA will, subject to availability of funds, reimburse the PPD for overtime payments made by it to the officer assigned to the Tri-Cities, WA .Post of Duty (D-34) (Task Force Group) Task Force for overtime, up to 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 overtime "shall not include any costs for benefits, such as retirement, FICA, and other expenses. " 7. In no event will the PPD charge any indirect cost rate to DEA for the administration or implementation of this agreement. 8 . The PPD 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 PPD 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 PPD 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. The PPD 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, Hand I. 11. The PPD 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 PPD acknowledges that this agreement will not take effect and no Federal funds will be awarded to the PPD by DEA 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 in part with Federal money, the PPD shall clearly state: (1) the 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 project or program. 2 13. 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 thirty 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. DEA will be responsible only for obligations incurred by PPD during the term of this agreement. For the Drug Enforcement Administration: K'--Date: --------Keith R. Weis Special Agent in Charge For the Pasco Police Department L:€~ lLA~ Date: 7 -2 9 -/ Y Interim Police Chief 3 • 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 requiredd bv Sec.tion p1352.9 Title 31 of the U . .S .. Code, a~ 1mp1emente al 28 CFR art 6 , tor .oer:s.ons enterinq_ into a ru: o.r copperat1ve agreement .over $100 ,00U, as detIne1:1 at 2!j "t; t-'art o9, the applrcant cert1f1es that: (a) No Federal aP,propriate funds have been paid or will be paid , oy or on behalf of the undersigned , to any P.erson for influencing or attempting to influence an officer or employee of any agency , a Member or Congress , an officer or emP,loyee of Congress, or an employee of a Member of Congress in connection with the making Of any Federal grant fhe entering into of anY, cooperative agreement, ana extension, continuation, renewal, amendment, or modification of any Federal grant or cooperative agreement; ~~. If any .funds othetr than Federalfafpropriated funds have .been Id or will oe ~1d o anv ,:ierson o int1uencIno or attemptino t~ uence an o .cer or e1'T1 ,10 ee an a en-c , a Member o QJJQre5ss, an QJ 1cer or emmo?~e o? coRXrhe~~ o"-Y art eijplovee 0 a Mem er of conoress 1n cofi'ne~t1or., w'ft t Is Federa orant or c0Pipe.rat1xe aQree-rnent . the uric ersIaned s all comp e1eb and su "rnlt ;;,tanaard t-o, m . -. Ll. '"Disclosure ot oo ymg Ac Iv1t1es , In accordance with its instructions ; (~~ Tt:,e undersIio'filned .sh~II requidredthat the lar,quaoe gt thisdcer-t1 cation o~ inc cr, ed In t e aw~r ocuments tor a1rsu awar s at a tiers mclu in s ran s, ontract undE r rant a d cooperativ a.are~.aen~s. g an sugcontra,::fsl ana t~at aff sui-rec1pIents shalrcert/fy and disclose according y. /l..s reql.lired by. Executive Order j2549, .pebarment and S~~r,ens1on, .ancr implemented at 2!j CFR Prt 6 , tgr prospectIye B~tfWJW1&?:'sfJlfo~r~7~g-J'8!ed transactions , as "efmed at :l!j A. The applicant certifies that it and its principals: (a) Are not presently debarred, suspended, proposed for debar- ment declared ineliqj_ble , sentenced to a denial of Federal benetits by a State orrederal court , or voluntarily excluded from covered transactions by any Federal department or agency; ~ b) Have n.ot within a !hree-year _period Hrecedjnq this application een convicted ot or 11a,d a cIvI .Iudo[e I rendered aoaInst them or1 c.or.nmIssion of. traud or a critrnrra o ense 1n conrTect1on with oo a1nmg , attempting to obtain, or pe arming a iu~l ic {Federa1 1. State ,. oIr local) tra~actioo or c~tract under a u Ic transac 10n ; . v10 at1onf of ederal o~ tati antitrust t utes o .. comm1ssIon o em e lemen 11e tor e , r~erv,_ tafs1f1cat100 . or destruction 6r' recor s, ma ing Va1~e statern~nts, or receiving stolen property; le) Are rtot ,:iresentlv indicted for or(ctherwi.se8 criminally or civ · 7 v tHar~ed r,y a .aovemcnenta1_ent1ty t-ecreral , late, or ocal} w l'l ~o_m I.ss1o'rl o.cf_anv ot th~ offenses enumerated In paragraph 1) (DJ o this cert1 1canon; an" nd\dHave not within a three-vear geriod wecedin1 g .this application} a, .one orf more public transa t1ons \r-ecrera , State , or locall erm1nated or cause or default; and B. Where the applica.nt is . unable to certify to any of the stat13ments in hthIs certifi.cat1on , lie or she shall attach an exp1anat1on to t Is app11cat1on. A . I he apol1cant ce.rtItIes that 1t w11I or will continue to prciv1cre a drug-tree worKplace oy : (al Pub/ishino a stat~ment-. notifvin~ e'loyees th.at the ulilawtu marTufacture, 1smIbutIon , tj1s ~nsI ,. P~esessIon , qr use ot a controlled ~u s nee 1s orc;ir 1 1te 1n 11e orantee s workplace and soe1cifvmo t ehactIons .. tha wI be aKerT against employees tor v101a 1ofl oT sue prohIbIt1on ; lb) Establishina anbont-going drug-tree awareness program to tnform employees a ou - (1) The dangers of drugs abuse in the workplace ; (2 ) The grantee's policy of maintaining a drug-free workplace; t:3l Anv available drua counseling, rehabIiltatIon, and employee assistance programs ; -ana 14\ The Denalties that ma_y .be. impos.ed upon employees for drug afjuse vroIatIons occurring In the worKplace ; If) Makino it a reauirement that each employee tof b~ enoaoed in t11e pertdobrtnance bt th~ grant ue given a copy o t11e sratement require y paragraph (aJ; fuj) Notifvi~q the employee. ·in !he statement required by araora1:;m a\ that , as a condItIon of employment under the granr , e einpIoy e wI11- 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 (2g ~otify ihe ernplover in wf»i inq of his or her conviction for a v 1 1 la Ihon o . a cnmmal ddIrug st ute ochcurrinq 1n the worl<place no a er an Ive calendar ays a er sue con>1IctIon ; /el No.tiiinq the aqer,cv, in writinf, whith~·n 1~ c.alendar days after tet:eIvm n-otIce Llhder subfcara ap . d)( trom an ernplo;e r oth wIs rece~I a tua notIc o uch . convI tI n. gmgtlovers of c nvIc !ri~oyees m~st Yirovicf..efoot1ce ... mcYu inq OSI IOll title · e a nt ot S IC , U tIce ut JUS I e ro ram A : ro sk , n Ia a Ave ue, N. ., ~a~hmgf6n,, t;f~ti 2 gg~ .d ~ol1ce s~a~I inSuH1e the 1~ent1ficat1on numberrs) o, eac a ecte grant; m Takinq one. of the. followinq actions, within 3(9,)(c~lendar iiavs ot ,eceIvmg notice under suoparagraph u 2J, with respect to any employee who Is so convicted- /1) Taki ng aR~rop%i te ~~rsonnel . action aqalnst such an emplovee, up ohar Incl1 Ino terrnmatIQ.11.3 co11sIstentdwtth the requirements o t e ehabII atron Act ot 1':U , as amen ed ; or &i!u~:q~f~rJtJWa1 ~7'f~l?X11:tftitgtPoirtigc~~t~rta~sJ~fJ~~~ 1'o? ~~~a purposes by a t:ederal, ·•~ate, or 10 al llealth, ·Iaw en1orcement'. or Other appropnate agency ; (g) Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs (a ), (b), (c), (d), (e), and (f). ~~. fThet _qrantee mav insert in the space _provided below the site s OJ tre performance of worl< done Ih connection with the ecItIc grant: Pla.ce of Performance (Street address, c ity , country , state, zip COdeJ Check r if there are workplace on file that are not identified here. Se..ction 67, 630 of the r~ulations o.rovides .that a._granteeJthat is 8 ~tateAmw elect to. ma e onl1e cer!JtIcatIon m.eac, 1 t-edera tis .cal ea co t 1h ch s o d e incl ded with e h a II1cat1on Yor 6epart ~n~ o"Yn/ust1ce Pu3-PiriQ, ~tales and §rate ~enc1es may elect o use bJI-' Form 4 's I 1/7 . Check r if the State has elected to complete OJP Form 4061 /7 . A . As a~ordition ofjhe grant . I certify, that I will not engaqe in the unla u manufac ure,bd1s!f1but1on , dIsoensinq.1 possasS1onh or use o a controlle su stance in conaItIon a-11y actIvIty wit the grant; and B. If convinced of a criminal drug offense resulting from a violation occurring during the conduct of any grant activity, I will report the convicllon, in writing, within 10 calendar d~ys of the conviction, to: D~artment of Justice, Office of Justice Frograms, ATTN : Control Desk , 633 Indiana Avenue, N .W., Washington, 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 : Pasco Po li ce De partme n t 21 5 W. Sylvester S tre et Pa sco WA 99301 2. Application Number and/or Project Name 4. Typed Name and Title of Authorized Representative La rry Dicker so n, Interim Chief o f Po lice 3 . Grantee IRSNendor Number 6 . Date