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HomeMy WebLinkAboutUNITED STATES DEPARTMENT OF JUSTICE, DRUG ENFORCEMENT ADMINISTRATION (DEA)-2017m W - 7 2017 N-2017.169 ,;,JC;46bb STATE AND LOCAL TASK FORCE AGREEMENT BETWEEN THE DRUG ENFORCEMENT ADMINISTRATION LOS ANGELES FIELD DIVISION AND THE SANTA ANA POLICE DEPARTMENT PROGRAM - FUNDED STATE AND LOCAL TASK FORCE AGREEMENT This agreement is made this I" day of October, 2017, between the United States Department of Justice, Drug Enforcement Administration (hereinafter "DEA"), and the Santa Ana Police Department (hereinafter "-SAPD"). The DEA is authorized to enter into this cooperative agreement concerning the use and abuse of controlled substances tinder 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) will perform the activities and duties described below: A. Disrupt the illicit drug traffic in the 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 (l) experienced officer to the Task Force Group (Orange County) for a period of not less than two years. During this period of assignment, the officers will be under the direct supervision and control of DEA supervisory personnel assigned to the Task Force Group (Orange County). 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 Group (Orange County). 4. The SAPD officer assigned to the Task Force Group (Orange County) shall be deputized as Task Force Officers 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 four (4) 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 officers assigned to the Task Force Group (Orange County), This support will include: office space, office supplies, travel finds, 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 officers assigned to the Task Force, and for malting all payments due them. DEA will, subject to availability of funds, reimburse the SAPD for overtime payments made by it to officers assigned to the Task Force Group (Orange County) for overtime, up to a sum equivalent to 25 percent of the salary of a GS -12, step 1, (RUS) Federal employee (currently $17,753.00), 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 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 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 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 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 effcet 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 prograins 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 federal, state, and local members (the "Participants"), of the Task Force Group (Orange County), hereby agree to the following terns and conditions of this Memorandum of Understanding ("MOU") governing the Task Force Group (Orange County) equitable sharing requests and participation in the United States Department of Justice ("DOJ") Equitable Sharing Program: 14. The following are the Task Force Group (Orange County) Participants and their contribution to the Task Force: Orange Police Department 2 personnel Orange County District Attorney's Office Seal Beach Police Department Irvine Police Department Cypress Police ,Department Placentia Police ,Department Anaheim Police Department Santa Ana Police Department Garden Grove Police Department 1 personnel 1 personnel I personnel 1 personnel 1 persomlel and one K-9 2 personnel 1 personnel 1 personnel 15. Participants acknowledge that equitable sharing is at the discretion of the Attorney General and not guaranteed in any case. Participants aclmowledge 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. 16. Sharing percentages shall be based upon the following formula: Agencies with one or more full time deputized TFOs assigned to the Task Force Group (Orange County) will receive a pro rata share of the maximum amount available for sharing, based on the number of TFOs assigned as of the date of seizure. The maximum amount available for sharing is currently 80 percent of the asset value minus any percentages allotted for agencies not a party or recently added to this sharing agreement/MOU who have also participated quantitatively or qualitatively in the asset seizure. Sharing is not automatically 80 percent. The actual amount to be shared among the participating agencies may be impacted by numerous factors. If a participating Task Force agency provides additional resources, (including but not limited to: surveillance teams, air wing, patrol officers) then that participating agency may be eligible for a larger percentage of the sharing based on the additional man hours which the participating Task Force agency worked. The addition and/or departure of Participant agencies and personnel shall not require renewal of this sharing agreement/MOU. Rather, the sharing percentages shall continue to reflect the pro rata contributions of any and all agencies which participated in a seizure pursuant to this sharing agreement/MOU. The sharing agreement/MOU shall remain in force upon the addition or departure of law enforcement agencies in the Task Force Group (Orange County). This sharing agreement/MOU will be renewed annually. 17. 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 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). Participants further understand that additional adjustments may be necessary so to ensure that DEA (DOJ) receives a minimum of 20%. 18. 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. 19. Equitably shared finds received from the federal government must be used in strict compliance with DOJ policy, as outlined in the Guide to Equitable Sharing for State and Local Law Enforcement Agencies (April 2009). 20. The term of this agreement shall be effective from the date in paragraph number one until September 30, 2018. 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 during the term of this agreement. For the Drug Enforcement Administration: Date: David J. Downing Special Agent in Charge For the Santa Ana Police Department: r David Valentin eting—Chi —oT Police ATTACHMENTS: Date: (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 ATTEST: >z)�. MARIA D. IIlJIZAR /"Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City mey By: TAMARA BOGOSIAN Assistant City Attorney CITY OF SANTA ANA U.S. DEPARTMENT OF JUSTICE OFFICE OF JUSTICE f r OFFICE OF THE COMPTTROLLL RS 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 upb is (Federal .State , r local} tra a lan arc tr et under a As e uir d b e fi������ 13 z� Ttle 31 of the U..S. Cttode, aan��j c�,t"? trtansaction; commission rslo°latian of e�nal a �iai sn�itrust imp a an a p ICa tmeriifi s8eth at'�66l dfnas atirilr� ieta2a RL 6s{Aten tints, or receity og s an property eeco� 's, hmaking r alsrYc a) No Federal appropriate funds have been paid or will be paid, Char redi�oyt pare ovg indafaeld ntit sier or eeeeral($a6tctemioall�coel}ciWJl� o{ or on behalf of ttie undersigned, to any person f r influencing gornjl, SIA fgan Mnea of�n= enumeQele Ih paragraph �1) attempting to Influence an officer or employee aTan agency, {•b) o�f tshis cc ificatYon; and a Member m C In ress, an officer or employee of Cor�gross, or an emplayas o a Member of Con g eas m connection with the h making of any Federal dOrant the entering into of any (ddNa�e nolo en �reetryaeaactenns sogaerlal9Stase pariaiooa�� cooperative agreernpnt, an extension, continuation, renewal,(erminarec�forcauseorogefaunfsanag amendment, or modification of any Federal grant or cooperative agreement; B Whe'e the a plic tis una le to c rtify to an f the stat I'M a In thlsp c r�1 i,cation, e or s e shall atfac an Ib If an pp ds other than Federal a pr hated fund hav ben exprana{ion to this appleioatlon. ,,W or vyvll� se aiq to an person fo ln��iencln or as.�+gim{' I'tg fo itr uence an o cer ore po ee an a en a lett e o U cess, ar{ e icer or empia�ee otaCo rR o a:s e plove o ambor o on res a co ne Uon ATI, is e ora ran o co eratly aged n na {he ���erslg ed s aII co p eq y no (GRANT? OTHER THAN INDIVIDUALS) u �nd efan ar orm isclosure o o b m Ac ivities, In accordance with its instructions; As rerr��,uin�r d�i b 2�tphggeppptu Frre W rk larcteFq t of 1988 and de�lnaedeatse28aPR Parc7nSe�cYlonsbp6.61a'odn%.t�p�s, as I (JJ( The ubnderCCiane s antiI rev�q/Lire be u(t thega mettpgyTu eqaAI t this cer- II I tilers. nal udee @n Sg afd�a n rac u"I r 1T r? ttpr sa coorecipub- ients shaal, cey ane c is'elose accorngy. bMIA� `�'�l�(`iPENS I ON, ANU U1 HER Assn ore ulred b Executive ltSUrtler 5 9, baroment nil Rt�Ii �aarf %ecionr�7 a1 re tranimplemented gt sectm�s 6a rdeilne arei49 A. The applicant certifies that It and its principals: a) Are not present) debarred, suspended, proposed fDr debar- Ir�ent declared he igible, sentenced to a denial of F decal benefits by a State or Federal court, or voluntarilV excluded rom covered transactions by any Federal department or agency; btu tna© pace y. that It will or will Continue to provide a 9 P y (a) P bllshfn a stat ��m'ent notlt to em a ace that the ureakwllulamconutrorteucro'suhsrr}}rlbceiols {s'fi�lntson in4Qhsessian1 ear emplolyses�oav$o{aflo�i oysuach p�tori'Igagitn; will be faeketn againsa ib�o rnt�lpsnyees aboouf9aing drug -tree awareness program to (1) The dangers of drugs abuse in the workplace; (2) The grantee's policy of maintaining a drug-free workplace; e't, sgna available ds ganoaunseling, renabnitatlon, and employee (al7usev agaiaofiis et cult lny Ir�eftie aiQgkpriacfe n employees for drug tt Mak'n it a re r meat t at each em to ee to e en ed i (ba Have n.of w�th� 1 a then e-yeaf period �recedonlg tulisnapn'lic tio� thaaMe" 'anceabi �G gran be given a� cpy of he s�afimenr{ }'' en convlcte o r h a cm udg e t ren e e a ai st a e req Iced by paragrap 11a); comms on of rau r a on Ina o ense In con ectlon wI otalmng, a{empting to o�italn, or per onroing a th t th� Notif�yId th f as o coon Inion of emplsoy nenefnunoferat�ia grana , (� ra ra ee po OJP FORM 406116 (3-91) REPLACES OJP FORMS 4061/2,4062/3 AND 4061(4 WHICH ARE OBSOLETE. (1) ANbide by the terms of the statement; and V('1 lationyo#. heemployed,red, n s�rRil of his her cow fiction f r a la er than five rk calein ar dagys I er such conwiciori tec Notif ohnwrtiTceQQ�eeev'ts1urb �oyuranloyles gwritin po?fL to4{ic�a)lo cfrordaguc � eaiplto gee Wosi 10 asphhraIn �mggis l nmp P DC V 21rNoe4 ceo shads lnnc�uop th,ve�enplf��a'pod number`s�of each a ected grant; Tak'n one. ooqf the. followi act i ns, withi 30 lend r respect�tgrany�employeeiwhousa�Orconv�iot,Tgra, (d)(p1�, wi �1A IToakiinnguap ro n to �� isor}eeI action amijist such h fain req piir�mentsp0hereehaobilitart�pon,arc� oa i/3, as amended; or 8tl Require such emplQy_eh}litatpo ioC'�pata to facoor] iAr' UR useasi aneor e orrotherr apfiropnateeagency e, or o a nal h, Raw en orcemen , (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). Check l-�there are workplace on file that are not identified ere. on ceal for eYL) least en� hJF� Fo mp�r�6'p/ .. plTbe ��a aswande9pF�eap glanclon Check IT if the State has elected to complete OJP Form GRANTEES WHO ARE INDIVIDUALS) A le eirpdr� b eC uwFrrtegyWj'rkplaactoFN of 1988, and depneN aig taF a', Sectwhs u�% 55 and gr7.�f2�- Asa o dition of tthe gr nt.l ertify that I will not an a e in h use l o Rap onlroflaedu sub tanoe inn'conoi ion nag �aocts sy wo �h t�e grant, ancp The rantep mu insertf in tl�e epoace hnrovided �.elow t�e de B. If convinced oof a criminal dru offense resulting fro s'1 fofr tYse �er orm nce o wor ne connec ion wi tae violation occurrin urrng the conduc� of any rant activity, FIJI peo is gra report the cor icon, in wr ing, within 10 calendar da s of the conviction, to: De artment c Justice, Office of Justice Programs, cc el of Performance (Street address, city, country, state, zip D C 20531ntrol �esk, 633 Indiana Avenue, N.W., Washington, 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 Frank Fajardo 60 Civic Center Dr. Santa Ana, CA 92702 2. Application Number and/or Project Name - 3. Grantee IRS/Vendor Number Druq Enforcement Administration 4. Typed Name and Title of Authorized Representative David Valentin, Chief of Police, Santa Ana Police Department 5. Signature 1 1777::!5s a' 6. Date ROSTER OF LOCAL, STATE, OR FEDERAL AGENCY PERSONNEL ASSIGNED TO THE DEA TASK FORCE NAME OF AGENCY: Santa Ana Police Department Frank Fajardo