AG 17-158IRETURN 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 ❑ MAINTENANCE AGREEMENT
❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG
❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS)
❑ ORDINANCE ❑ RESOLUTION
❑ CONTRACT AMENDMENT (AG #): ❑ INTERLOCAL
❑ OTHER
S . PROJECT NAME: DEA HIDTA AGREEMENTS FOR FISCAL YEAR 2018
6. NAME OF CONTRACTOR: VALLEY NARCOTICS ENFORCEMENT TEAM
ADDRESS: 220 FOURTH AVENUE SOUTH, KENT, WA 98032 TELEPHONE 206 - 764 -3640
E -MAIL: JMOEN(i KENTWA.GOV FAX: 260- 764 -3522
SIGNATURE NAME: KEITH WEIS TITLE SPECIAL AGENT IN CHARGE
7. EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS /CERTIFICATE ❑
ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT /AMENDMENTS
8. TERM: COMMENCEMENT DATE: OCTOBER 1, 2017 COMPLETION DATE: SEPTEMBER 30, 29•7 pp 1
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: ❑ YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $
IS SALES TAX OWED ❑ YES ❑ NO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY
❑ PURCHASING: PLEASE CHARGE TO:
16. DOCUMENT /CONTRACT REVIEW
❑ PROJECT MANAGER
❑ DIRECTOR
❑ RISK MANAGEMENT (IF APPLICABLE)
❑ LAW
1 1. COUNCIL APPROVAL (IF APPLICABLE)
INITIAL / DATE REVIEWED INITIAL / DATE APPROVED
s4 / / =/9
2544 /101-
COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: 9//9/3-
12. CONTRACT SIGNATURE ROUTING
❑ SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D:
❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS
❑ LAW DEPARTMENT
❑ SIGNATORY (MAYOR OR DIRECTOR)
❑ CITY CLERK
❑ ASSIGNED AG#
❑ SIGNED COPY RETURNED
'uOMMENTS:
INITIAL / DATE SIGNED
AG#
DATE SENT:
CITY OF FEDERAL WAY
CITY COUNCIL COMMITTEE STAFF REPORT
DATE: September 12, 2017
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 Enforcement (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 a multi -
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, 2010 and FWPD entered into an Agreement 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, 2017 through September 30, 2018 and reimburses FWPD for the Officer's overtime up to
$18,042.00.
1
Drug Enforcement Administration
Asset Forfeiture Sharing Memorandum of Understanding
This agreement is made this Is' day of October, 2017, 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 I 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
ease if victims have not been fully compensated. State, local, or federal government entities can
he 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 shaving will be disbursed per the agreed upon ivlOU signed by all the parent agencies participating in
the Valley Narcotics Enforcement Team Task Force.
3. Participants understand that ifa 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 ) :ug Enforcement Administration:
Keith Weis
Special Agent in Charge
Date: at 2 s C U�
For the Federal Way Police Department:
d*•4 (7,4L_7 Date: 9/2/
Andy Hwang
Chief of Police
2
Appendix F
STATE AND LOCAL HIDTA TASK FORCE AGREEMENT
This agreement is made this first (1") day of October 2017, 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 Seri fac 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
$18,042.00, per officer. Note: Taslc Force Of'ficer'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 taws, 28 C.F.R. Part 42, Subparts C, F, 0, 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 Lobbying; 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
FWPD shall clearly state: (1) percentage of the total cost of the program or project which will be
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 Enforceinent 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 'Mask 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
$18,042.00, 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 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 finds 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 Departtnent 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 Lobbying; 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
FWPD shall clearly state: (I) 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. The FWPD understands and agrees that HIDTA will provide the DEA SeaTac HIDTA Task
Force (group D -22) 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 an 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 ofOGV'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 Claus Act.
15. The term of this agreement shall be effective from the date in paragraph number one until
September 30, 2018. 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:
Name: Keith R. Weis
Title: Special Agent in Charge (SAC)
For the Federal Way Police Department
Name: Andy Hwang
CAL V. .X 44 � c
Title: Chief of Police
Date:'
Date:
2� 1'7
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
As required by Section 1352, Title 31 of the U.S. Code, and
implemented at 28 CFR Part 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 appropriated funds have been paid or will be
paid, by or on behalf of the undersigned, to any person for
influencing 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 cooperative agreement, and
the 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 for all subawards
at all tiers (including subgrants, contracts under grants and
cooperative agreements, and subcontracts) and that all sub -
recipients shall certify and disclose accordingly.
2. DEBARMENT, SUSPENSION, AND OTHER
RESPONSIBILITY MATTERS
(DIRECT RECIPIENT)
As required by Executive Order 12549, Debarment and
Suspension, and implemented at 28 CFR Part 67, for prospec-
tive participants in primary 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 ineligible, sentenced to a denial of Federal
benefits by a State or Federal 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
civilly charged by a governmental entity (Federal, State, or
local) 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 by Ube Drug -Free Workplace Act of 1988, and
implemented at 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 drug 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
in the performance of the grant be given a copy of the statement
required by paragraph (a);
(d) Notifying the employee in the statement required by para -graph
(a) that, as a condition of employment under the grant,
the employee will-
OJP FORM 406116 (3 -91) REPLACES OJP FORMS 4001/2,40°113 AND 406114 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 subparagraph (d)(2) from an
employee or otherwise receiving actual notice of such convic-tion.
Employers of convicted employees must provide notice, including
position title, to: Department of Justice, Office of
Justice Programs, ATTN: Control Desk, 633 Indiana Avenue,
N.W., Washington, D.C. 20531. Notice shall include the iden- is
Ification number(s) of each affected grant; fiscal
(f) Taking one of the following actions, within 30 calendar agencies
days of receiving notice under subparagraph (d)(2), with
respect to any employee who is so convicted—
4061/7.
(1) Taking appropriate personnel action against such an
C
h
SeaTac HIDTA Task Force (Group D -22)
300 501 Ave, Suite 1300
Seattle, WA 98104
eck € rr if there are workplaces on file that are not indentified
here.
Section 67, 630 of the regulations provides that a grantee that
a State may elect to make one certification in each Federal
year. A copy of which should be included with each ap-
plication for Department of Justice funding. States and State
may elect to use OJP Form 4061/7.
Check 1_J if the State has elected to complete OJP Form
,
employee, up to and including termination, consistent with the
requirements of the Rehabilitation Act 011973, as amended; or DRUG -FREE WORKPLACE
(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 011988, 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 (t). 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 81' Ave South
Federal Way, WA 98003
2, Application Number and /or Project Name 3. Grantee IRSNendor Number
DEA SeaTac HIDTA Task Force (Group D -22)
4. Typed Name and Title of Authorized Representative
Andy Hwang, Chief of Police – Federal Way Police Department
5. Signature 6. Date
;//Z 7
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