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HomeMy WebLinkAboutUNITED STATES DEPARTMENT OF JUSTICE, DRUG ENFORCEMENT ADMINISTRATIONh QUIRED .,.;,iHr Return ORIGINAL executed copy toCOTC, N-2021-119 VV 'kUCEE1M-30 Jl��14 Ji I_ MAY 2 7 2021 STATE AND LOCAL TASK FORCE AGREEMENT BETWEEN THE DRUG ENFORCEMENT ADMINISTRATION LE LOS ANGELES FIELD DIVISION AND THE SANTA ANA POLICE DEPARTMENT PROGRAM - FUNDED STATE AND LOCAL TASK FORCE AGREEMENT This agreement is made this 1st day of October, 2020, between the United States Department of Justice, Drug Enforcement Administration (hereinafter "DEA"), and the Santa Ana Police Department ORI # CA0301900 (hereinafter "SAPD"). 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 Orange County, California, area and that such illegal activity has a substantial and detrimental effect on the health and general welfare of the people of Orange County, the parties hereto agree to the following: 1. The Task Force Group (Orange County) will perform the activities and duties described below: a. disrupt the illicit drug traffic in the Orange 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 California. 2. To accomplish the objectives of the Task Force Group (Orange County), the SAPD agrees to detail one (1) experienced officer to the Task Force Group (Orange County) for a period of not less than two years. During this period of assignment, the SAPD officer will be under the direct supervision and control of DEA supervisory personnel assigned to the Task Force. 3. The SAPD officer assigned to the Task Force Group (Orange County) 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 SAPD officer assigned to the Task Force Group (Orange County) 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 Task Force Group (Orange County), DEA will assign three (3) Special Agents to the Task Force Group (Orange County). 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 the SAPD officer assigned to Task Force Group (Orange County). 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 Task Force Group (Orange County), the SAPD will remain responsible for establishing the salary and benefits, including overtime, of the officer assigned to the Task Force, and formaking all payments due them. DEA will, subject to availability of funds, reimburse the SAPD for overtime payment. Annual overtime for each state or local law enforcement officer is capped at the equivalent of 25% of a GS-12, Step 1, of the general pay scale for the Rest of United States. Reimbursement for all types of qualified expenses shall be contingent upon availability of funds and the submission of a proper request for reimbursement which shall be submitted monthly or quarterly on a fiscal year basis, and which provides the names of the investigators who incurred overtime for DEA 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. Invoices must be submitted at least quarterly within 10 business days of the end of the invoiced period. 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 SAPD charge any indirect cost rate to DEA for the administration or implementation of this agreement. 8. The SAPD shall maintain on a current basis complete and accurate records and accounts of all obligations and expenditures of funds trader 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 SAPD 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 SAPD 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 sooner. 10. The SAPD 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 1. 11. The SAPD 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 SAPD acknowledges that this agreement will not take effect and no Federal funds will be awarded to the SAPD 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 in part with Federal money, the SAPD 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. 13. The term of this agreement shall be effective from the date in paragraph number one until September 30, 2021. 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 SAPD during the term of this agreement. For the Drug Enforcement Administration: Date: William D. Bodner Special Agent in Charge Los Angeles Field Division For the Santa Department: Date,_Z Chief of Police Santa Ana Police Department ATTACHMENTS: (1). OJP Form 4061/6 (3-91): Certifications Regarding Lobbying; Debarment, Suspensions and Other Responsibility Matters; and Drug Free Workplace Requirements. (2). Roster of Local, State, or Federal Agency Personnel Assigned to the United States Drug Enforcement, Los Angeles Field Division. 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 ih9tructions 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 87, "Government -wide Department and Suspension (Nonprocurement) and Government -wide Requirements for Drug -retie 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 required by Section 1352, Title 31 of the U:6. Code, and implemented at 28 CFR Part 69, for ersons_ AnterinqInto a gqrant or cooperative agreement over 9100,000, as defined at 28 CFR Part 69, the applicant certifies that: (a) No Federal appropriate funds have been paid or will be paid, by or on behalf of the undersigned, to an. person for in- fluencing or attempting to influence an officer tir employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in con- nection with the making of any Federal grant, the entering into of any cooperative agreement, and extensiah, continuation, renewal, amendment, or modification of any Federal grant or cooperative agreement; (b) If any funds other than Federal appropriated funds have public (Federal State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft forpCry, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c). Are not presently indicted for or otherwise criminally or ciwllyy charged by a governmental emit (Federal, State, or locaq with commission of any of the offyenses enumerated in paragraph (1)(b) of this certification; and d) Have not within a three-year period preceding this applica- ion 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. been paid or will be paid to any person for Influencing or at- tempting to influence an officer or employee of doV agency, a Member Congress, Congress, of an officer or employee of or an employee of a Member of Congress in correction with this 3. DRUG -FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) Federal grant or cooperative agreement, the and rsigned shall "Disclosure complete and submit Standard Form - LLL, of Lobbying Activities; in accordance with its instrudtlons; As required by the Drug Free Workplace Act of 1988, and implemented al 28 CFR Part 67, Subpart F, for ((c) The undersigned shall require that the Ian beige of this car- fiflcalion be included in the documentsfbr all grantees as defined at 28 CFR Part 67 Sections 67.615 and 67.620- award subawards at all tiers (including subgrants, contracts under grants and A. The applicant certifies that it will or will continue to provide a drug -free workplace by: cooperative agreements, and subcontracts) and that all sub - recipients shall certlty and disclose accordingly. (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing,. possession, or a controlled Is the RESPONSIBILI'T f MATTERSON, AND OTHER use of substance prohibited in grantee's employees forr of such prohibition; will be taken against (DIRECT RECIPIENT) violation As required b Executive Order 12549 pggbarment and Suspension, and Implemented at 28 CFR fJrt for Suspension, ( Establishing an on -going drug -free awareness program to iNorm employees about - - , prospec• in primarny/ covered transactions; as defined at 28 CpFR Part 67, Section 67.510- (i) The dangers of drugs abuse in the workplace; A. The applicant certifies that it and its principals: (2) The grantee's policy of maintaining a drug -free workplace; (a) Are not presently. debarred, suspended, proposed for debar- (3) Any available drug counseling, rehabilitation, and employee assistance programs; and ment declared ineligible sentenced to a denial of Federal benelits by a State or federal court, or voluntarily excluded (4) The penalties that may be imposed upon employees for from covered transactions by any Fedefal department drug abuse violations occurring in the workplace; or agency; (b) Have not within attires -year period preceding this applica- (c) Making it a requirement that each employee to be engaged in per of the grant be given a copy of the state- tion been convicted of or had a civil judgment fendered against ment required by paragraph (a); them for commission of fraud or a criminal offense in connec- tion with obtaining, attempting to obtain, or perfofming a (d) Notitylng the employee in, the statement required by paragraph `a) that, as a condition of employment under the grant, the employee will- OJP FORM 4061/6 (3-91) REPLACES OJP FORMS 406112, 4062/3 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 violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; (e1 Notifying the agency, in writing, within 10 calendar days aver receiving nonce under subparagraph (dl(2) from an Check ❑ if there are workplace on file that are not identified employee or otherwise receiving actual notice off such convic- here. tion. Employers of convicted employees must provide notice including position title to: Department of Justice, Office of Section 67, 630 of the regulations provides, that a grantee that Justice Programs, ATtN: Control Desk, 633 Indiana Avenue, is a State may elect to make one certification In each Federal N.W., Washington, D.C. 20531. Notice shall include the iden- fiscal year. A copy of which should be included with each ap- tification number(s) of each affected grant; plication for Department of Justice funding9. States and State may to OJP Form 4061l7. (f) Taking one of the following actions, within 30 calendar agencies elect use days of receiving notice under subparagraph (d)(2), with Check ❑ if the State has elected to complete OJP Form respect to any employee who is so convicted- 4061R. (1) Taking apppropriate personnel action against such an employee, up to and including termination, consistent with the DRUG -FREE WORKPLACE requirements of the Rehabilitation Act of 1973, as amended; or (GRANTEES WHO ARE INDIVIDUALS) (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation for As required by the Druq-Free Workplace Act of 1988, and Implemented 28 program approved such purposes by a Federal, State, or local health, law enforce- at CFR Part 67, Subppart F, for ggrantees, as defined at 28 CFR Part 67; Sections 67.615 67.620- ment, or other appropriate agency; and fg) Making a good faith effort to continue to maintain a drug- iree work lace through implementation of (a), (b), A. As a condition of the grant I certify that I will not engage in the unlawful manufacture distribution, dispensingq, posses- paragraphs (c), (d), (e4, and (f). sion, or use of a controlled substance in condition any the activity with grant; and B. The grantee may insert in the space provided below the B. If convinced of a criminal drug offense resulting from a site(s) for the performance of work done in connection with the specific grant: violation occurring during the conduct of any grant activity, I will report theconviction, in writing, within 0 calendar days of the conviction, to: Department of Justice, Office of Justice Place of Performance (Street address, city, country, state, zip Programs, ATTN: Control Desk, 633 Indiana Avenue, N.W., code) Washington, D.C. 20531. As the duly authorized representative of the applicant, I hereby cerfify that the applicant will comply with the above certifications. 1. Grantee Name and Address: Santa Ana Police Department 2. Application Number and/or Project Name 3. Grantee IRS/Vendor Number 4. Typed Name and Title of Authorized Representative David Valentin, Chief of Police Z 5. Signature 6. to 1 ROSTER OF LOCAL, STATE, OR FEDERAL AGENCY PERSONNEL ASSIGNED TO THE DEA TASI{ FORCE NAME OF AGENCY: Santa Ana Police Department 1. Collin Reedy ATTACHMENT ATTEST: .j DAISY GOClerk of the Council MEZ AS TO FORM: SONIA R. CARVALHO City Attorney By: TAMARA BOGOSIAN Senior Assistant City Attorney RECOMMENDED FOR APPROVAL: ID ALENTIN Chief of Police N-2021-119 CITY OF SANTA ANA KRI�sAIDGE City Manager E