HomeMy WebLinkAboutUNITED STATES DEPARTMENT OF JUSTICE, DRUG ENFORCEMENT ADMINISTRATION (DEA)BdO NCE NOT RE(1llIRED
WORK MAY PROCEED
CLERK OF COMM
N-2021-181
STATE AND
Po1�Ce,(Tgne+� Goulara-��sM�l
Return FULLY EXECUTED
copy to COTC, M-30
LOCAL TASK FORCE AGREEMENT
BETWEEN
THE DRUG ENFORCEMENT ADM
LOS ANGELES FIELD DIN
m
THE SANTA ANA POLICE DEP
PROGRAM — FUNDED STATE AND LOCAL TASK FORCE AGREEMENT
This agreement is made this I" day of October, 2021, 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 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) (hereinafter "OCDO TFG") 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 OCDO TFG, the SAPD agrees to detail one (1)
experienced officer to the OCDO TFG for a period of not less than two years. During this period
of assignment, the officer will be under the direct supervision and control of DEA supervisory
personnel assigned to the OCDO TFG.
3. The officer assigned to the OCDO TFG 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 officer assigned to the OCDO TFG 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 OCDO TFG, DEA will assign Special Agents to the
OCDO TFG. 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 OCDO TFG officers assigned to the OCDO TFG. 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 OCDO TFG, the SAPD will remain responsible for
establishing the salary and benefits, including overtime, of the officer assigned to the OCDO
TFG, and for making all payments due to him. 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 30 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 OCDO TFG 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 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 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 three (3) 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 I.
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 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 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, 2022. This agreement maybe 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 the SAPD during the term of this agreement.
For the Drug Enforcement Administration:
Date:
William D. Bodner
Special Agent in Charge
For the Santa Ana Police Department:
Datel%
Da d Valentin
C ief ice, 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.
ATTACH AN OJP Form 4061/6 (3-91)
ROSTER OF LOCAL, STATE, OR FEDERAL AGENCY PERSONNEL
NAME OF AGENCY: SANTA ANA POLICE DEPARTMENT
Colin Reedy
ATTACHMENT 2
U.S. DEPARTMENT OF JUSTICE
0 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 ihetructions 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
public (Federal State, or local) transaction or contract under a
transaction; Federal
As required b Section 1352 Title 31 of the 41:6. Code, and
q Y
Implemented 28 CFR Par( 69, for entering Into
Public violation of or State antitrust
statutes or commission of embezzlement, theft forgery,
at persons a
grant or cooperative agreement over $t00,000, as defined at
bribery, falsification or destruction of records, making all
28 CFR Part 69, the applicant certifies that:
statements, or receiving stolen property;
p p
(a) No Federal a proprlate funds have been aid or will be
by or on behalf of the undersigned, to for In-
(c). Are not presently indicted for or otherwise
civilly charged by a governmental entity
criminally or
(Federal, State, or
ppaid, arty person
i]us cing or attempting to influence an officer r employee of
local) with commission of any of the offenses
enumerated in
any agency, a Member of Congress, an officer or employee of
paragraph (i)(b) of this certification; and
Congress, or an employee of a Member of Congress In con-
nectaon with the making of any Federal grant, the entering Into
fd) Have not within a three-year period preceding this applica-
tion had one or more public transactions (Federal, State, or
of any cooperative agreement, and extension, continuation,
local) terminated for cause or default; and
renewal, amendment, or modification of any Federal grant or
cooperative agreement;
R. Where the applicant is unable to certify to any, of the
bb If any funds other than Federal a ro riotfed funds have
een or will be to any for influencing or
statements in this certification, he or she shall attach an
explanation to this application.
paid paid persono 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
Lobbying Activities," in its instructions;
As required by the Dru Free Workplace Act of 1988, and
accordance with
implemented at 28 CFR art 67, Subpart F, for grantees as
defined at 28 CFR Part 67 Sections 67.615 and 67.620-
(o) The undersigned shall require that the Iangua�e of this cer-
ftification be included in the award documents Tdr II subawards
at all tiers (including subgrants, contracts under grants and
cooperative agqreements, and subcontracts) and that all sub -
recipients shalt certity and disclose accordingly.
2. DEBARMENT SUSPENSION, AND OTHER
RESPONSIBILIW MATTERS
(DIRECT RECIPIENT)
As required by Executive Order 12549 Debarment and
Suspension, and implemented at 28 CFR Pit 67, for prospec-
tive participants in primaryY covered transactions, as defined at
28 CFR Part 67, Section 67.510-
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 yin the grantee's
workplace and specifyin, the actions that will be taken against
employees for violation a such prohibition;
0Establishing an on -going drug -free awareness program to
orm employees about-
(1) 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;
(3) Any available drug counseling, rehabilitation, and employee
(a) Are not presentlyy, debarred, suspended, proposed for debar- assistance programs; and
men: declared inetlgible sentenced to a dental of Federal
benefits by a State or Vederal court, or voluntarily excluded (4) The penalties that may be imposed upon employees for
from covered transactions by any Federal department drug abuse violations occurring in the workplace;
or agency;
(c) Makingp it a requirement that each employee to be engaged
(b) Have not within a three-year period preceding this applica- in the performance of the grant be given a copy of the state -
ion been convicted of or had a civil judgment rendered against ment required by paragraph (a);
them for commission of fraud or a criminal offense in connec-
tion with obtaining, attempting to obtain, or performing a (d) Ngqotityingg( the employee in, the statement required by
gaant,rahehema) that,yee will -a condition of employment under the
OJP FORM 4061/6 (3-91) REPLACES OJP FORMS 4061/�, 4062/3 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;
NNotifying, the agency, in writing, within 10 Calendar days
er receiving novice under subparagraph (d1(2) from an
Check
employee or otherwise receiving actual notice c such convic-
tion.
here.
Employers of convicted employees must provide notice
including position title to: Department of Justice, Office of
Section 67,
Justice Programs, ATtN: Control Desk, 633 Indiana Avenue,
is a State
N.W., Washington D.C. 20531. Notice shall include the loan-
frf!cation number(sj of each affected grant;
fiscal year.
plication for
(f) Taking one of the following actions, within 30 calendar
agencies in
days of receiving notice under subparagraph (d)(2), with
Check
respect to any employee who is so convicted-
4061/7.
if there are workplace on file that are not identified
630 of the regulations provides, that a grantee that
may elect to make one certification in each Federal
A copy of which should be included with each ap-
DePartment of Justice funding. States and State
ay elect to use OJP Form 4061/7.
if the State has elected to complete OJP Form
(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 As required by the Drug Free Workplace Act of 1968, and
drug ahuse assistance or rehabilitation program approved for implemented at 28 CFR Part 67, Subppart F, for ggrantees, as
such purposes by a Federal, State, or local health, law enforce- defined at 28 CFR Part 67; Sections 67.615 and 67.620-
ment, or other appropriate agency;
( A. As a condition of the grant I certify that I will not en age
freeMworkglace throughh implementation of paragraphs (a), (bl,
(c), (d), (e�, and (f).
B. The grantee may insert in the space provided below the
site(s) for the performance of work done in connection with
the specific grant:
Place of Performance (Street address, city, country, state, zip
code)
in the unlawful manufacture distribution, dispensing, posses-
sion, or use of a controlled substance in condition any
activity with 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 theconviction, in writing, within y0 calendar days
of the conviction, to: Department of Justce, Office of Justice
Programs, 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:
Santa Ana Police Department
2. Application Number and/or Project Name
4. Typed Name and Title of Authorized Representative
David Valentin, Chief of Police
3. Grantee IRS/Vendor Number
ATTEST:
AISY GOMEZ
Clerk of the Council
JX
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By: lftk�
TAMARA BOGOSIAN
Senior Assistant City Attorney
FOR APPROVAL:
DA ALENTIN
hief of Police
CITY OF SANTA ANA
-!5-*- �,L�,-
KRISTINE RIDGE
City Manager