HomeMy WebLinkAboutDocumentation_Regular_Tab 05_9/12/2019Agenda Item #5.
Regular Council
STAFF MEMO
Meeting: Regular Council - Sep 12 2019
Staff Contact: Gus Medina, Police Chief Department: Police
Approval of Funded State and Local Task Force Agreement between the Drug Enforcement
Administration and the Tequesta Police Department
This is a Task Force Agreement between the Drug Enforcement Administration (DEA) West Palm
Beach Task Force and the Tequesta Police Department. The agreement requires a two-year
commitment and all overtime incurred with be reimbursed up to $18,649.00. In addition, the Tequesta
Police Department will receive a portion of any monies seized or accrued during the Task Force
assignment; these funds will be placed into the Law Enforcement Seizure Fund (605).
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PUBLIC RECORDS Agree. Adden
Teguesta PD Agreement - 2020
Page 164 of 485
Agenda Item #5.
Memorandum
To: Honorable Mayor and Village Council
Thru: Jeremy Allen, Village Manager
From: Gus Medina, Chief of Police l
Date: August 23, 2019
Subject: Funded State and Local Task Force Agreement between the Drug
Enforcement Administration and the Tequesta Police Department
This is a Task Force Agreement between the Drug Enforcement Administration (DEA)
West Palm Beach Task Force and the Tequesta Police Department. The agreement
requires a two-year commitment and all overtime incurred with be reimbursed up to
$18,649.00. In addition, the Tequesta Police Department will receive a portion of any
monies seized or accrued during the Task Force assignment; these funds will be placed
into the Law Enforcement Seizure Fund (605).
Page 165 of 485
Agenda Item #5.
PUBLIC RECORDS. In accordance with Sec. 119.0701, Florida Statutes,
CONTRACTOR must keep and maintain this Agreement and any other records
associated therewith and that are associated with the performance of the work
described in the Proposal or Bid. Upon request from the Village's custodian of
public records, CONTRACTOR must provide the Village with copies of requested
records, or allow such records to be inspected or copied, within a reasonable time
in accordance with access and cost requirements of Chapter 119, Florida
Statutes. A CONTRACTOR who fails to provide the public records to the Village,
or fails to make them available for inspection or copying, within a reasonable time
may be subject to attorney's fees and costs pursuant to Sec. 119.0701, Florida
Statutes, and other penalties under Sec. 119.10, Florida Statutes. Further,
CONTRACTOR shall ensure that any exempt or confidential records associated
with this Agreement or associated with the performance of the work described in
the Proposal or Bid are not disclosed except as authorized by law for the duration
of the Agreement term, and following completion of the Agreement if the
CONTRACTOR does not transfer the records to the Village. Finally, upon
completion of the Agreement, CONTRACTOR shall transfer, at no cost to the
Village, all public records in possession of the CONTRACTOR, or keep and
maintain public records required by the Village. If the CONTRACTOR transfers all
public records to the Village upon completion of the Agreement, the
CONTRACTOR shall destroy any duplicate public records that are exempt or
confidential and exempt from public records disclosure requirements. If the
CONTRACTOR keeps and maintains public records upon completion of the
Agreement, the CONTRACTOR shall meet all applicable requirements for
retaining public records. Records that are stored electronically must be provided
to the VILLAGE, upon request from the Village's custodian of public records, in a
format that is compatible with the Village's information technology systems.
IF CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS AGREEMENT, PLEASE CONTACT THE
VILLAGE CLERK, RECORDS CUSTODIAN FOR THE VILLAGE, AT
(561) 768-0685, OR AT ImcwilliamsAteguesta.org, OR AT 345
TEQUESTA DRIVE, TEQUESTA, FLORIDA 33469.
Page 166 of 485
Agenda Item #5.
Appendix D
"SURGE PROGRAM"
PROGRAM - FUNDED STATE AND LOCAL TASK FORCE AGREEMENT
This agreement is made this 1 st day of October, 2019, between the United States Department of
Justice, Drug Enforcement Administration (hereinafter "DEA"), and the Tequesta Police
Department (hereinafter "TPD"). 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
area and that such illegal activity has a substantial and detrimental effect on the health and
general welfare of the people of South Florida, the parties hereto agree to the following:
1. The DEA West Palm Beach Task Force will perform the activities and duties described below:
a. disrupt the illicit drug traffic in the South Florida 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 Florida.
2. To accomplish the objectives of the DEA West Palm Beach Task Force, the TPD agrees to
detail (1) experienced officer to the DEA West Palm Beach Task Force for a period of not less
than two years. During this period of assignment, the TPD officer will be under the direct
supervision and control of DEA supervisory personnel assigned to the Task Force.
3. The TPD officer assigned to the Task Force 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 TPD officer assigned to the Task Force shall be deputized as Task Force Officers of DEA
pursuant to 21 U.S.C. Section 878.
5. To accomplish the objectives of the TPD Task Force, DEA will assign four (4) Special Agents
to the Task Force. 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 two 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.
Page 167 of 485
Agenda Item #5.
6. During the period of assignment to the DEA West Palm Beach Task Force, the TPD will
remain responsible for establishing the salary and benefits, including overtime, of the officers
assigned to the Task Force, and for making all payments due them. DEA will, subject to
availability of funds, reimburse the TPD for overtime payments made by it to the TPD officer
assigned to the DEA West Palm Beach Task Force for overtime, up to a sum equivalent to 25
percent of the salary of a GS-12, step 1, (RUS) Federal employee (currently $18,649.00),
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 TPD charge any indirect cost rate to DEA for the administration or
implementation of this agreement.
8. The TPD 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 TPD 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 TPD 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 TPD 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 TPD agrees that an authorized officer or employee will execute and return to DEA the
attached ON Form 4061/6, Certification Regarding Lobbying; Department, Suspension and
Other. Responsibility Matters; and Drug -Free Workplace Requirements. The TPD acknowledges
that this agreement will not take effect and no Federal funds will be awarded to the TPD 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
TPD 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, 2020. 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 TPD during the term of this agreement.
OA
Page 168 of 485
Agenda Item #5.
For the Drug Enforcement Administration:
Adolphus P. Wright
Special Agent in Charge
For the Tequesta Police Department:
Date:
Date:
Chief Gus Medina
Jeremy Allen, Village Manager Date:
Lori McWilliams, Village Clerk Date:
3
Page 169 of 485
Agenda Item #5.
Appendix D
"SURGE PROGRAM"
PROGRAM - FUNDED STATE AND LOCAL TASK FORCE AGREEMENT
This agreement is made this 1st day of October, 2019, between the United States Department of
Justice, Drug Enforcement Administration (hereinafter "DEA"), and the Tequesta Police
Department (hereinafter "TPD"). 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
area and that such illegal activity has a substantial and detrimental effect on the health and
general welfare of the people of South Florida, the parties hereto agree to the following:
1. The DEA West Palm Beach Task Force will perform the activities and duties described below:
a. disrupt the illicit drug traffic in the South Florida 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 Florida.
2. To accomplish the objectives of the DEA West Palm Beach Task Force, the TPD agrees to
detail (1) experienced officer to the DEA West Palm Beach Task Force for a period of not less
than two years. During this period of assignment, the TPD officer will be under the direct
supervision and control of DEA supervisory personnel assigned to the Task Force.
3. The TPD officer assigned to the Task Force 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 TPD officer assigned to the Task Force shall be deputized as Task Force Officers of DEA
pursuant to 21 U.S.C. Section 878.
S. To accomplish the objectives of the TPD Task Force, DEA will assign four (4) Special Agents
to the Task Force. 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 two 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.
Page 170 of 485
Agenda Item #5.
6. During the period of assignment to the DEA West Palm Beach Task Force, the TPD will
remain responsible for establishing the salary and benefits, including overtime, of the officers
assigned to the Task Force, and for making all payments due them. DEA will, subject to
availability of funds, reimburse the TPD for overtime payments made by it to the TPD officer
assigned to the DEA West Palm Beach Task Force for overtime, up to a sum equivalent to 25
percent of the salary of a GS-12, step 1, (RUS) Federal employee (currently $18,649.00),
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 TPD charge any indirect cost rate to DEA for the administration or
implementation of this agreement.
8. The TPD 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 TPD 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 TPD 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 TPD 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 TPD agrees that an authorized officer or employee will execute and return to DEA the
attached OJP Form 4061 /6, Certification Regarding Lobbying; Department, Suspension and
Other Responsibility Matters; and Drug -Free Workplace Requirements. The TPD acknowledges
that this agreement will not take effect and no Federal funds will be awarded to the TPD 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
TPD 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, 2020. 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 TPD during the term of this agreement.
2
Page 171 of 485
Agenda Item #5.
For, the Drug Enforcement Administration:
Date:
Adolphus P. Wright
Special Agent in Charge
For the Tequesta Police Department:
Date:
Chief Gus Medina
Jeremy Allen, Village Manager Date:
Lori McWilliams, Village Clerk Date:
Page 172 of 485
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
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
lir (Federal.State,.olr local)raaotir ~t or cctrlct undmr
I transaction- . vio ation c e e a o a n rus
IAi1iSpIB T uh dd b e t , P1a3Rj9T#tie 31 oils ee tU.S. iC ode, a��nnn�� (I u eys {{of , comrftisstond c�f ern ertz emen� he�, or�el�r,
�arcte en q appl y it ceritdl'Oesetrhat Wage. as ell at 2b FR st e171%nts or �ecelving stolen property; recur s, ma ing e
Are riot present) indi t d for or th rvvi criminal or civil)
(ba) No Federal appropriate funds have been paid or will be peid, bY(ar ed pv a oven n�fal ntlt (Pec�ZIP t to or ��cal wi
y or on behalf of the undersigned, to any person for Influencino)mii�hsSionrgan otlie ofieenss enumer'acl iri paragraph 1i)
or attemptin to Influence an officer or ern lore of an agenc o Is ce ifica on; antl
a Member o� C ngress, an officer or employe of CorYgress, or
an employee otpa Memblr of Congress In cpnneetion With any
Have nnotwithinea roe -year lod ptecgeding hit apgliclatio
making ttf any Federal grant the enterlpg into of any on more u I,aa sa tI ns [tire era),tae r oca5
cooperative agreement, an exfensio , continuation, renewal, ermion a or caus or eau t; an
amendment, or modification of -any Federal grant or cooperative
agreement;
B. Whe a the a pli is.una le to c rtify to an f the
stat me Is in thlsp co i .cation, �e or s We shall atytacai an
Pb).y any .{{unds ofhher than Federal Ipr griated fund hav .beenexplanaion to this applic�ion.
or �flll b@ IO to an Mon n encinq� or aIAm eointq
uence an o cer or a"' jj o ee an a en a e, e o
re s 09 l�i°er or ern o e o Con�ire� orYere a ploye� o RUG -FREE �pRK I ACE
a �embsel o ynr,es I c n floc h �s Fe era �r n oe t',R% U -Fj OTHER TH'AN INDIVIDUALS)
co rwrati a rl the ersi $d s all co p e an
u lrittt ange' 'oi•m.-.�1 disclosure on oebying�tc vi Ies,n accance with Its in�tructlons; ps re uirdd b echpu-Frr{eb7W�gakolacrte for f 1908,ts and
gelRine a� �8 Part Sections �61 and
The
a pnders`i0gne inl� II requirodoc tmeetsa olu:�Pe of this cer-
c-ojQpe_ ativbhal� ertify atnsg�scloseoaccco eing)y an a algr SUN
P iss
�5�u,"' �ICIN, AND OTHER
j� a)-
�FR aast gCiio �7.�1v6 e11. Si transactions, a�lObdetipi ffa N
A. The applicant certifies that it and its principals:
(a) Are no presently debarred, suspended, pr�oposed for debar-
benehts by a estate orgFeld'eral court or voluntarile excludeFederal
f om l
covered transactions by any Federal deparrr►ent or agency;
beenaconv�cteeto ahcayCgvlC.ud��ewtferenc��i�edt is aipstite
oartaining, a eemoting to oguin or pe orming aIn con ec ion w
I e a II a t c nitres that it will or will continue to provide a
dArug-tree r�Cp�aceeby:
`a Pub ishin a�� rrstat ment noti to em toyees that the
u e of �am lrolleude u s nnnce10 11 fte lnp ssessanlee4r
wo PI eeslarovsc�a ofi o sucha ro�iibe' lK w�be �� against
employ p
�b%rm empJoyeas a&bo°ut-going 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;
ae�ts�lsispInce programs % F8unseling, rehabilitation, and employee
(muse v{0? oils occuirmngYin Vm�ioerkpiacpeon employees for drug
((c Makk'�n it a re r ment thatt each ern io ee taf t�i enmleed n
tho eifotlnanceliii rant be given g c�py o e s me
nt
required by pa- ---- - �a�;
cddra°aphy�1, asmalc°oyneoiti n of emp�oymenl unc�ergtrie grantY
OJP FORM 4061/6 (3-91) REPLACES OJP FORMS 406112, 406213 AND 406114 WHICH ARE OBSOLETE.
Page 173 of 485
Agenda Item #5.
(1) Abide by the terms of the statement; and ��tt��
�ti la otn�a a crig, ° ea s ufa ooccursrin� the orkpolaceo no
a er han live Galen ar ays a r such con I Ion;
�e'Ilo.lifyin e a e c i wdt' ,with' lendar days, after
inrte e �tc�eiynsu� �raaph �o)rorra an erlo ee Check r' there are workplace on file that are not identified
h Is racffiff
tea, ua nottic � uc convi ti .n. ere.
o �amr t��ryc- nwoT o sk� g3ss.ln erovlVIRE eeu n��i InS S ti n 67 6g0 f the r ulations v des,that a g nee that i
:I�Toilce shall Inc�uc�e the Idenfificatlori a fa�eAma 10,?fh.�a�� l�r r(a} or�InAach��he�er 1 fi ca�
num ergs o each ted grant; o abe aco, n� o (,o,�ticeo le n P es ande tate p�gen ies
may elato useJP Form�14/.
da s alin eceivin°f noticollouni� r asu a'r 91raPn 3td)(n w, i
reslpea to any emoloyee weho is so convi�ter�
r�eq�iio�men spoTaking f the Reiiriate acbilR'a� O elol o t�l /3, a on s mendedlt or�ia
cuusesesirj�a anch edoe aru
%'S e, oPoriolca��iea"�h,ggwate r a norocre ee t;
nr dtther appropriate agency,
(g) Making a good faith effort tocontinue to maintai a r g- free
workplgc through Implementation of paragraphs (a�, (b�,�c), (d),
(a), an (�
7ohe ratite ma% insert in titre sace.�rovided� elow tjl_e ,9te
s�f tie orm nce o wor ne i tonne ion wiT►� e
ec Ic gra
PPllape) of Performance (Street address, city, country, state, zip
Check r' if t State has elected to complete OJP Form
PRAGN R WHO ApRE INSIVIDUALS)
As le�eirddd b�{ eDnj
C �'Frt7wrpeF _t of 196ets,aas
de�Cned a8 CFEa'; Sectioris uJ? arid c�7.afL
u a,,,�,o,� dition f he gr nt.l rtify hat I will not en a e in
A� use o a� flntruolersiibtancenn'n�i ianini�a°ctiviywi�h
Else anc�
B. ' If convinced of a criminal dru offense resulting, fro a
violation occurcin during the conduc� of ny rant activity, will
report the conviction, in wntir]g, within 18 catgIndar days of the
conviction, to: Department of Justice Office of Justic rograms,
ATTN: Control Desk, 633 Indiana �VanUe, N.W., �tashington,
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:
Tequesta Police Department
357 Tequesta Drive
Tequesta, Florida 33469
2. Application Number and/or Project Name
4. Typed Name and Title of Authorized Representative
Chief Gus Medina
5. Signature
Jeremy Allen, Village Manager/Lori McWilliams, Village Clerk
3. Grantee IRSNendor Number
6. Date
Page 174 of 485