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HomeMy WebLinkAboutAgreement_General_10/1/2021_DEA Drug EnforcementSURGE PROGRAM - PROGRAM - FUNDED STATE AND LOCAL TASK FORCE AGREEMENT This agreement is made this 1 st day of October, 2021, between the United States Department of Justice, Drug Enforcement Administration (hereinafter "DEA"), and the Tequesta Police Department ORI#0503100 (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 South Florida 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 one Task Force officer 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 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 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 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 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 six (6) 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 1. 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, 2022. 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 For the Drug Enforcement Administration: a V me J. Hibtent rt Acting Special in Charge For the Tequesta Poli Department: C ief st o Medina Jeremy Allen, Village Manager Ji McWilliams, Village Clerk �tlnkA&'-A' Date: 'd S Dater / Date: % ` J Date: 3 VI J11-t U.S. DEPARTMENT OF JUSTICE 6 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 u lc (Federal.State,.or local) tea a do or co tr ct un er u l� transaction; ,violation of r�edce�a� or as n itrusl As a uir d b e tin 1352 T'tle 31 of the U.S. Ctode, an t o es or commissiond of em ey ementd hei , or e imp e enq� tea sp a t e Pf se hat �����nas nee#irie�i �ato2� 6 sIfe,ler cents, ofr receiving stolen property; recor s, ma ing als�e C, Are not presentl indi t d for or th rwise criminal or civ9I (a) No Federal appropriate funds have been paid or will be paid, liar ed py a over�i ncfal ntit (�ec�eral St te, or ��cal wi �i 6y or on behalf of the undersigned, to any person for influencing om fission 0 oMe ofipens�s enumerated in paragraVh R or attemptingq to influence an officer or employee of any agency, �) o thrs ceAficatYion; and 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 d Have not within a tthhre ear eriod a eding hi ap li atio cooperative agreement, and extension, continuation, renewal, �d .on er more public aar�sadtTns eoeral, to e, er cfoca�j amendment, or modification of any Federal grant or cooperative ermina a for cause or qe au t; an agreement; Et Where the a plic t is. unable to c rtify to an f the stat me is in this c r�i ication, he or s�ie shall atacl an b , If any,ff ds ofhher than Federal a pr riated funds have been expnana�ion to this application. +d or wilNoe id to an r�pgrson fo inlliencrn� or atin?to f uence an o cer ore pp o ee an a en a e e of ress, ar� TIC or empro ee olC0nn re o ara a ployaea o DRUG -FREE WORKPLACE a ember o on res i co ne tion th Sirs e eragr n odr GRANTEES OTHER THAN INDIVIDUALS) co erati are �n the ersi ed s all co p e an u��ntt %nt�ard rorm T� �Isclosure or onbying cfivities, in accordance with its in§tructions; As reruireddd b eC u -Frte W rk larcrtte Fq,t of 1988, and Fe?,, fined ar}te28 a Para t�r eg, t7 ons �b 615' % %"68s, as ((G The undersigneq sh II require that the lapquape gf this cer- taitI caation b11��II inCCl�7ded in t�e aw rd doc ments idT Ifsubawards a A. I e a li a t c rtities that it will or will continue to provide a co�4t�e ativ8nclurern� en s,gr grams,nd ooitact uanadertl�al t a drug -thee r�Cp�aceeby. reciRients shaNcertlfy and disclose accoreingiy. u P b ishin a stat��meat notif in em��pployees that the �ekkor aernconnn aNedfsub�s once is Er atnwillgbe asnCer�saga ns employees or vi�atiA o�such pro Tition; �Nnp&h, S,A)TA T N, ANU UHEK Sau� �ensigna.anbdyiExecutive d Or rC�25��,6�ef&pr snte and �FRc�art�6�7 ir�eG} o r��c?l6!ed transactions, a� delinecl V 9 A. The applicant certifies that it and its principals: (a) Are not presently, debarred, suspended, proposed for debar- ment declared inelig ble, sentenced to a denial of Federal benefits by a State orFederalcourt, or voluntarily excluded from covered transactions by any Federal department or agency; b Have no wth a thr a -yea period reced'n Ct1�1is ap lic tion concrtain ng,Vae IT on of.emptir toao�ta n�rimpre�ar performing Wt re ein�conlfect ont� io k%Estemlilhin saboontgoing drug -tree awareness program to rm (1) The dangers of drugs abuse in the workplace; (2) The grantee's policy of maintaining a drug -free workplace; (a31 c unseling, rehabilitation, and employee ssisMnce programs; ganc� (muse v�omaltiione occutrrina�i b hie woskp�acpe°n employees for drug jc) Mal�n�t a re%e it%ment tf}at each emelone to f e en eed in he e o ante tt ran be even c of he s men req�ired by paragraphe(a?; d Notif i }}he em to a in he tatem nt eq fired b �r ejrrpk�ir e� tvh�t, as acoynclition o ern ymenl uncirer tr�ie granty OJP FORM 4061/6 (3-91) REPLACES OJP FORMS 4061/2, 4062/3 AND 4061/4 WHICH ARE OBSOLETE. (1) Abide by the terms of the stategment; and v�ialatlotriy1, aecrimi �edrI in str utE occu��rior her he workplacerno lafer than five calennar dais a er such con�iciion; e) Notif in the i writin with' c lendar days after eceirin n$ceC�esu�raaph �s)�om an errio ee Check r h there are workplace on file that are not identified r o he wisp retie vi a ua notic o uch . convi ti .n. ere. mpto er o c nvic m oy es st rovi once n u �n ositio� tstl� e arF n11 otm sic , �f �e b>' ��s iC. 9 ro ram ttI sk, gg n is a ve ue, . S cti n 67. 6330 f the r ulations ov des.that a nee that i aSghhm ' n, D. 2 1. otice sha I me uc�e the ici�entificatiori a eSta�e ma ele , tto a s on cerP,fi a� o m. ach edter 1 fi ca� number�s�of each a ected grant; for t n� h� iceo � �e ncof iatees atnde ate p�genc2s may elec o use orm ((�� Takjn one. of the . follow'n acti00ns, with' 30 lend r d� s OT receivin notice UnaRr s 9 ar graA (d)(��, wi� Check i-- if the State has elected to complete OJP Form respect to any enn yee who is so convietec 4061/7. W1� Taking ap ro�nr�i to rsognel . action againtst such n a rpe, u I R hnc�l�gir�� edmin t�%b�assamendedtho��ie req it mentspo the e a i i a on ct o 0 Requiring puur Reqeaussir i aasn aeh deoemrrafl,le�litaPis satisfactorily ia d �tiaeouca Re' or o a eaa th, woePorcement, or 6tther appropriate agency; (g) Making a good faith effort tocontinue to maintain a drug- free workplace through implementation of paragraphs (a), (b), (c), (d), (e), and (f). The rante ma insert in tie pace, rovided below t e ite s�ecffic gle er ormsnce of work sdone A connection wit tie Plaeof Performance (Street address, city, country, state, zip codce) (GRANTEES WHO ARE INDIVIDUALS) ims ler�eirt ddd b �j eC�{�u� F�ee�7WgrUk�la t FA of 1988, and defined a8 �R art 67; Saections 67.g?g and FQ�I.���ntees, as A. As o dition of the gr nt . I certify that I will not en a e in the unla cfu�manuf ctture, c�istr`ibution, din . nsin oss� ion t�re se t a pri rol�ed substance in conoi ion nriy activity with B. If convinced of a criminal drug offense resulting, from a violation occurring during the conduct of any grant activity, I will report the conviction, in writing, within 1,0 ca PC days of the conviction, to: De artment of Justice, 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: 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 Gustavo Medina 5. Signature Jere�n �Ilen,llage Manager/Lori McWilliams, Village Clerk 3. Grantee IRS/Vendor Number 6. Date 9)3►1.-q