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HomeMy WebLinkAboutAG 18-139 1 1 RETURN TO: EXT: CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT./DIV: POLICE DEPARTMENT 2. ORIGINATING STAFF PERSON: LYNETTE ALLEN EXT: 6701 3. DATE REQ.BY: ASAP 4. TYPE OF DOCUMENT(CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT(E.G.,RFB,RFP,RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT X PROFESSIONAL SERVICE AGREEMENT 0 MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT 0 HUMAN SERVICES/CDBG ❑ REAL ESTATE DOCUMENT 0 SECURITY DOCUMENT(E.G.BOND RELATED DOCUMENTS) O ORDINANCE 0 RESOLUTION O CONTRACT AMENDMENT(AG#): 0 INTERLOCAL ❑ OTHER 5. PROJECT NAME: DEA HIDTA AGREEMENTS FOR FISCAL YEAR 2019 6. NAME OF CONTRACTOR:VALLEY NARCOTICS ENFORCEMENT TEAM ADDRESS: 220 FOURTH AVENUE SOUTH,KENT,WA 98032 TELEPHONE 206-764-3640 E-MAIL: JMOEN(a,KENTWA.GOV FAX: 206-764-3522 SIGNATURE NAME: KEITH WEIS TITLE SPECIAL AGENT IN CHARGE 7. EXHIBITS AND ATTACHMENTS:0 SCOPE,WORK OR SERVICES 0 COMPENSATION 0 INSURANCE REQUIREMENTS/CERTIFICATE 0 ALL OTHER REFERENCED EXHIBITS 0 PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES 0 PRIOR CONTRACT/AMENDMENTS 8. TERM: COMMENCEMENT DATE: OCTOBER 1,2018 COMPLETION DATE: SEPTEMBER 30,2019 9. TOTAL COMPENSATION N/A INCLUDE EXPENSES AND SALES TAX,IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE-ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE:0 YES 0 NO IF YES,MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED 0 YES 0 NO IF YES,$ PAID BY:0 CONTRACTOR 0 CITY ❑ PURCHASING: PLEASE CHARGE TO: 10. DOCUMENT/CONTRACT REVIEW INITIAL/DATE REVIEWED INITIAL/DATE APPROVED O PROJECT MANAGER ❑ DIRECTOR )44.....7 00 f O RISK MANAGEMENT (IF APPLICABLE) ❑ LAW 5120 Col 2a-1l 11. COUNCIL APPROVAL(IF APPLICABLE) COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D: O ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE,LICENSES,EXHIBITS INITIAL/DATE SIGNED ❑ LAW DEPARTMENT ❑ SIGNATORY(MAYOR OR DIRECTOR) O CITY CLERK 6)1Wo 2n), , •1 IOI1lI l�1t ❑ ASSIGNED AG# A Q k-.-1:3(k o SIGNED COPY RETURNED DATE SENT: \.0. . COMMENTS: COUNCIL MEETING DATE: July 17,2018 ITEM#:_ 6b CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: VALLEY NARCOTICS ENFORCEMENT TEAM(VNET)/U.S.DEPARTMENT OF JUSTICE,DRUG ENFORCEMENT ADMINISTRATION(DEA)HIGH INTENSITY DRUG TRAFFICKING AREA(HIDTA)TASK FORCE AGREEMENTS. POLICY QUESTION: Should the City of Federal Way/Federal Way Police Department enter into an Agreement with the U.S. Department of Justice, Drug Enforcement Administration to continue efforts to stop the trafficking of narcotics and dangerous drugs? COMMITTEE:PARKS,RECREATION,HUMAN SERVICES& PUBLIC MEETING DATE: July 10,2018 SAFETY COUNCIL COMMITTEE(PRHS&PS) CATEGORY: -v. Consent _ Ordinance n Public Hearing n City Council Business _ Resolution /1 Other- STAFF REPORT BY: LYNETTE ALLEN,CHIEF'S EXECUTIVE ASSISTANT DEPT: Police Department Attachments: 1. PRHS&PS Committee Memo 2. Drug Enforcement Administration MOU 3. State and Local HIDTA Task Force Agreement—Appendix F 4. U.S. Department of Justice — Certifications Regarding Lobbying; Debarment, Suspension and Other Responsibility Matters; and Drug-Free Workplace Requirements. Options Considered: 1. Accept the DEA MOU, State &Local HIDTA Agreement& Certifications 2. Reject the DEA MOU, State & Local HIDTA Agreement& Certifications _....._..._.__.._.............._._.._....._.._...__.............._._.._.__._.-................................ MAYOR'S RECOMMENDATION: Option 1 MAYOR APPROVAL: 6/471/1( er,‘ JECTOR APPROVAL: Committe Counc' Initial • • COMMITTEE RECOMMENDATION: "I _ - : -- % • -- . •':• • -, - -r . 41* , - . . , _ Motion to table this item and add to the August 14 PRHSPS Committee agenda for staff presentation and action. PROPOSED COUNCIL MOTION: "I move to accept the Drug Enforcement Administration MOU and HIDTA Agreement between the City of Federal Way /Federal Way Police Department and the U.S. Department of Justice, Drug Enforcement Administration, and authorize the Chief of Police to execute said Agreements." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) UNAVT 01.0 `� APPROVE COUNCIL BILL# DENIED IST reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading 0 MOVED TO SECOND READING(ordinances only) ORDINANCE# REVISED—08/12/2010 RESOLUTION# CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: July 10, 2018 TO: Parks, Recreation, Human Services and Public Safety Council Committee VIA: Jim Ferrell, Mayor FROM: Andy J. Hwang, Chief of Police SUBJECT: Valley Narcotics Enforcement Team(VNET)/U.S. Department of Justice, Drug Enforcement Administration(DEA) HIDTA Task Force Agreements Narcotics and dangerous drugs have a detrimental effect on the health and well-being of not only the Citizens in Federal Way,but all people throughout Washington and beyond. The US Department of Justice, Drug Enforcement Administration (DEA) formed a local Task Force to help stop the trafficking of narcotics and dangerous drugs. The Valley Narcotics Enforcement Team (VNET) was established to create and maintain amulti jurisdictional team to effectively investigate and enforce the laws relating to controlled substances. This Agreement designates the equitable sharing which the law enforcement participating agencies must acknowledge. In reference to Appendix F,the Federal Way Police Department(FWPD)assigned a Commissioned Officer to the DEA Task Force on February 8 Agreement and FWPD entered into an A reement with the State and Local HIDTA for the reimbursement of overtime for the Officer. The attached appendix F is a continuation of our efforts to control the trafficking of drugs. This Agreement is effective October 1,2018 through September 30,2019 and reimburses FWPD for the Officer's overtime up to $18,343.75. 1 Drug Enforcement Administration Asset Forfeiture Sharing Memorandum of Understanding This agreement is made this 1st day of October,2018,between the United States Department of Justice,Drug Enforcement Administration Enforcement(hereinafter"DEA"), and the Federal Way Police Department (hereinafter "FWPD"). 1.The police agencies participating in the DEA SeaTac HIDTA Task Force (Group D-22), 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 Port of Seattle 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 shall receive 80%* *The equitable sharing will be disbursed per the agreed upon MOU signed by all the parent agencies participating in the Valley Narcotics Enforcement Team Task Force. 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%. 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 the Drug Enforcement Administration: 0 ti Date: - 1 � Keith Weis Special Agent in Charge For the Federal Way Police Department: Date: i 7/4? Andy Hwang Chief of Police 2 Appendix F STATE AND LOCAL HIDTA TASK FORCE AGREEMENT This agreement is made this first(1st) day of October 2018,between the United States Department of Justice,Drug Enforcement Administration(hereinafter "DEA"),and the Federal Way Police Department(hereinafter "FWPD"). 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 DEA SeaTac HIDTA Task Force (Group D-22)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 DEA SeaTac HIDTA Task Force(Group D-22),the FWPD agrees to detail one (1) experienced officer(s)to the DEA SeaTac HIDTA Task Force (Group D-22)for a period of not less than two years.During this period of assignment,the FWPD officers will be under the direct supervision and control of DEA supervisory personnel assigned to the task force. 3.The FWPD 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 FWPD officers 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 DEA SeaTac HIDTA Task Force (Group D-22), DEA will assign three (3)Special Agents to the task force.HIDTA 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 six(6) officers 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 DEA SeaTac HIDTA Task Force (Group D-22),the FWPD will remain responsible for establishing the salaries and benefits,including overtime, of the FWPD officers assigned to the task force and for making all payments due them.HIDTA will, subject to availability of funds,reimburse the Valley Narcotics Enforcement Team"VNET" on behalf of the Federal Way Police Department for overtime payments made by it to the FWPD officers assigned to the DEA SeaTac HIDTA Task Force(Group D-22)for overtime,up to a sum equivalent to 25 percent of the salary of a GS-12, Step 1 (RUS)federal employee, currently $18,343.75,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 Federal Way Police Department charge any indirect cost rate to DEA for the administration or implementation of this agreement. 8. The FWPD 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 FWPD 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 FWPD 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 FWPD 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 FWPD agrees that an authorized officer or employee will execute and return to DEA the attached OJP Form 4061/6, Certification Regarding Lobbyin •g,Debarment, suspension and Other Responsibility Matters, and drug-Free Workplace Requirements,The FWPD 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 shall clearlystate: (1)percentage of the total cost of the program or project which will be FWPD P g P g - financed with federal money and(2)the dollar amount of federal funds for the program or project. 13. The FWPD understands and agrees that IIIDTA will provide the DEA SeaTac HIDTA Task Force(Group D-22)Task Force Officers 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 (OGV'S)-HIDTA lease vehicles shall apply to accidents involving the leased vehicles furnished to the FWPD personnel, in addition to whatever accident reporting requirements the FWPD may have. 14. While on duty and acting on task force business,the FWPD 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 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. 15. The term of this agreement shall be effective from the date in paragraph number one until September 30, 2019. 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. HIDTA will be responsible only for obligations incurred by Federal Way Police Department during the term of this agreement. For the Drug Enforcement Administration: Date: ( Name: Keith R. Weis Title: Special Agent in Charge(SAC) For the Federal Way Police Department /`�"" Date: V/?f �� Name: nd Y Hwang "�' Title:Chief of Police f'v g w�k'tq r �§) 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 form. 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 Debarment and Suspension(Nonpro-curement)and Government-wide Requirements for Drug-Free Workplace(Grants)."The certifications shall be treated as a material representation of fact upon which 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)transaction or contract under a As required by Section 1352,Title 31 of the U.S.Code,and public transaction;violation of Federal or State antitrust statutes implemented at 28 CFR Part 69,for persons entering into a or commission tion or embezzlement, of recforgery, grant or cooperative agreement over$100,000,as defined at bribery,tatmntfa ,oc receivingcor destruction stolenrof records,making false 28 CFR Part 69,the applicant certifies that: statements,or stolen property; (a)No Federal appropriated funds have been paid or will be c(c)Are not presently indicted for or otherwise criminally or paid,by or on behalf of the undersigned,to any person for local)withchacommissionod by a governmental of the entity n(Federal,u State,dor local)with of any of offenses enumerated in influencing or attempting to influence an officer or employee paragraph(1)(b)of this certification;and of any agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of (d)Have not within a three-year period preceding this applica- Congress in connection with the making of any Federal tion had one or more public transactions(Federal,State,or grant,the entering into of any cooperative agreement,and local)terminated for cause or default;and the extension,continuation, renewal,amendment,or modification of any Federal grant or cooperative agreement; S.Where the applicant is unable to certify to any of the statements in this certification,he or she shall attach (b)if any funds other than Federal appropriated funds have an explanation to this application. 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 3.DRUG-FREE WORKPLACE an employee of a Member of Congress in connection with this (GRANTEES OTHER THAN INDIVIDUALS) Federal grant or cooperative agreement,the undersigned shall complete and submit Standard Form-LLL,"Disclosure of As required by the Drug-Free Workplace Act of 1988,and Lobbying Activities,"in accordance with its instructions; implemented at 28 CFR Part 67,Subpart F,for grantees,as (c)The undersigned shall require that the language of this cer- defined at 28 CFR Part 67 Sections 67,615 and 67.620— tification be included in the award documents for all subawards A.The applicant certifies that it will or will continue to provide at all tiers(Including subgrants,contracts under grants and a drug-free workplace by: cooperative agreements,and subcontracts)and that all sub- recipients shall certify and disclose accordingly. (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 2. DEBARMENT, SUSPENSION,AND OTHER workplace and specifying the actions that will be taken against RESPONSIBILITY MATTERS employees for violation of such prohibition; (DIRECT RECIPIENT) (b)Establishing an on-going drug-free awareness program to inform employees about— As required by Executive Order 12549,Debarment and Suspension,and implemented at 28 CFR Part 67,for prospec- (1)The dangers of drug abuse in the workplace; We participants in primary covered transactions,as defined at 28 CFR Part 67,Section 67.510— (2)The grantee's policy of maintaining a drug-free workplace; A.The applicant certifies that it and its principals: (3)Any available drug counseling,rehabilitation,and employee assistance programs;and (a)Are not presently debarred,suspended,proposed for debar- ment,declared ineligible,sentenced to a denial of Federal (4)The penalties that may be Imposed upon employees for benefits by a State or Federal court,or voluntarily excluded drug abuse violations occurring in the workplace; from covered transactions by any Federal department or agency; (c)Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement (b)Have not within a three-year period preceding this applica- required by paragraph(a); tion been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connec- (d)Notifying the employee in the statement required by para-graph tion with obtaining,attempting to obtain,or performing a (a)that,as a condition of employment under the grant, the employee will- 0.1P FORM 4061/6(3.91)REPLACES OJP FORMS 4061/2,4061/3 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 SeaTac HIDTA Task Force(Group D-22) violation of a criminal drug statute occurring in the workplace 300 5th AVe,Suite 1300 no later than five calendar days after such conviction; Seattle,WA 98104 (e)Notifying the agency,in writing,within 10 calendar days C after receiving notice under subparagraph(d)(2)from an h employee or otherwise receiving actual notice of such conviction. eck coif there are workplaces on file that are not indentified Employers of convicted employees must provide notice,including here. position title,to:Department of Justice,Office of Justice Programs,ATTN:Control Desk,633 Indiana Avenue, Section 67,630 of the regulations provides that a grantee that KW.,Washington,D.C.20531.Notice shall include the iden- is a State may elect to make one certification in each Federal Ification number(s)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 (f)Taking one of the following actions,within 30 calendar agencies may elect to use OJP Form 4061/7. days of receiving notice under subparagraph(d)(2),with respect to any employee who is so convicted— Check(1 if the State has elected to complete OJP Form 4061/7. (1)Taking appropriate personnel action against such an employee,up to and including termination,consistent with the requirements of the Rehabilitation Act of 1973,as amended;or DRUG-FREEWORKPLACE (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 such purposes by a Federal,State,or local health,law enforce- Implemented at 28 CFR Part 67,Subpart F,for grantees,as ment,or other appropriate agency; defined at 28 CFR Part 67;Sections 67.615 and 67.620— (g)Making a good faith effort to continue to maintain a drug- A.As a condition of the grant,.I certify that I will not engage free workplace through implementation of paragraphs(a),(b), in the unlawful manufacture,distribution,dispensing,posses- (c),(d),(e),and(f). sion, or use of a controlled substance In conducting any 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 convicted of a criminal drug offense resulting from a the specific grant: violation occurring during the conduct of any grant activity,I will report the conviction,in writing,within 10 calendar days Place of Performance(Street address,city,county,state,zip of the conviction,to:Department of Justice,Office of Justice code) Programs,ATTN:Control Desk,810 Seventh Street NW., Washington,DC 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: Federal Way Police Department 33325 81h Ave South Federal Way,WA 98003 2.Application Number and/or Project Name 3.Grantee IRSNendor Number DEA SeaTac H1DTA Task Force(Group D-22) 4.Typed Name and Title of Authorized Representative And Hwan. Chief of Police-Federal Wa Police De•artment 5.Signature 7 ,52, ' 6.Date 17 ,8 `U.S.Government Printing Office:1996-405.037/40014