HomeMy WebLinkAboutDocumentation_Regular_Tab 11_12/8/2022Agenda Item #11 0
Regular Council
STAFF MEMO -D
Meeting: Regular Council -Dec 08 2022
Staff Contact: Gus Medina, Police Chief Department: Police
i
Consider Approval of Agreement Between the Village of Tequesta Police Department and the Drug
Enforcement Administration
In this agreement between the Village of Tequesta's Police Department and the Drug Enforcement
Administration, the Tequesta Police Department agrees to detail one (1) officer to the DEA West Palm
Beach Task Force, for a period of not less than two (2) years. The Tequesta Police Department agrees
to be responsible for the officer's salary and benefits, including overtime. The Drug Enforcement
Administration will, subject to availability of funds, reimburse the Tequesta Police Department for the
Task Force Officer's overtime The DEA overtime reimbursement is capped at 25% of a GS-12, Step 1
pay scale for the Federal Government. The term of this agreement shall be effective until September
30, 2026.
This document and any attachments may be reproduced upon request in an alternative format by
completing our Accessibility Feedback Form, sending an e-mail to the Village Clerk or calling 561-768-
0443.
PROJECT NAME: DEA West
Palm Task Force
Proposed:
NA
Recommend to Pass
DEA Agreement
BUDGET: $19,841.00 ENCUMBERED: $19,841.00
Projected Remaining:
NA
Page 172 of 434
Agenda Item #11 0
PROGRAM - FUNDED STATE AND LOCAL TASK FORCE AGREEMENT
This agreement is made this 1 st day of October, 2022, 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 five (5) Special Agents
to the Task Force. TPD agrees to provide and maintain a vehicle for use for each of its assigned
Task Force officers. 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.
Page 173 of 434
Agenda Item #11 0
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. TPD will bill overtime as
it is performed and no later than 60 days after the end of each quarter in which the overtime is
performed... 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 I.
11. The TPD agrees that an authorized officer or employee will execute and return to DEA the
attached GJP 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.
2
Page 174 of 434
Agenda Item #11.
13. The term of this agreement shall be effective from the date in paragraph number one until
September 30, 2026. This agreement may be terminated by either party on thirty days' advance
written notice. DEA's support to the Task Force, including reimbursement of overtime, is
ri
subject to the availability of funds on a fiscal basis (October I through September 30 of the next
year). Billing for all outstanding obligations must be received by DEA within 60 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 on a fiscal year basis, subject to the availability of funds.
For the Drug Enforcement Administration:
Deanne L. Reuter
Special Agent in Charge
For the Tequesta Y61ice Department:
CKief Gusrfavo Medina
Jeremy Allen, Village Manager
Jri McWilliams, Village Clerk
Date:
Date: %� � l2
Date: Xk 1 ��] as
Date: l i --o I
S'�.'3-
Page 175 of 434
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
As a Or d b e 13 T'tle 31 of the U.S. Code, an
Impreren d a Pa9,j?y# r ns e t rrn int02H
r co a ae#Ive reement over �� as �e lne% a
�art t�e app�l an# certifies that:
�a} No Federal appropriate funds have been paid or will be paid,
y or on behalf of the undersigned, to any person for Influencing
or attemptingto influence an officer or employee of any agency,
a Member oCongress, an officer or employee of Congress, or
an employee of a Member of Conggress in connection with the
making ,af any Federal rant the entering into of any
cooperative agreement, and extension, continuation, renewal,
amendment, or modification of any Federal grant or cooperative
agreement;
b . If any ,ff ds of�j er than Federal a ppriated fund have.be n
�dorwlr�I{ toan p rson fo uencln or at m tIn et
uence InDeo cer or e�m efo ee an agency, a me be1� o
j2gress,a 1'icer or emo ee oGon re , ora e p o e oambeo �on res I co ne tion th Is Fe5era roan o
co erat1 a re -m the ersl ed s all co p e� andr
Vmetan�ardorm . - .� lsclosure o o�bying
1vrtles, in accordance with its Instructions;
�The ndersi ned s II require that the la u t this cer-
i c tion ib in I8ded in a aw rd doc mentsd Pseugawards at
aIers. 1nc�udln s grants, ontract uncf r unt a d
cog era#Iv reePlYen�'s, su�contr �Ts ande tsub
recVents shalft anr�snd,scose accor�ing�y.
N§Vg
���Ep�gIUN, AND U IFiER.9En
As re uired b Executive Or r 549, barment nd
Su engsl n, .ant gplemented # C�Prt 67 Tor s yi�gc ant Irr c red transactions, as depronedp
9 art 7, c Ion �7.9
A. The applicant certifies that it and its principals:
(a) Are not presently, debarred, suspended, proposed for debar-
ment declared inellcc��Ib.le, sentenced to a denial of Federal
benefits by a State orTFederal court, or voluntarily excluded from
covered transactions by any Federal department or agency;
b Have no w th' a thr a -yea period reced'n s ap licRam
ion
en convlc e of r h a civlr.'ud e t renc PeT'a(air st r commis on c auyracrli�nlh% o ense In conection wi
oTtaining, allempting to o9taln, or performing a
u Ic (Federal . State, or local) a a do or c1he
tr ct under
u II transaction; . violation oT ede of or at n ltrusl
t utes o ..cormisslon of em a Ipemen , . ?oryaeIV6i e a�siflcatl m . ❑r dd struction of recor& ma Ing
s�a eWbn1s, or receiving stollen property,
VAre of presentl indi t d for or th rwise criminal or civil)
ar ed y a ovX ncfa� ntlt ( ederal, S# te, or cal wi �i
om gion t'gan aFM offenses enumerated In paragra� �1)
}o ts ceRificat�o0; and
d Have not within a Y�ree-year period apglic�atiord Dri WrcausB oreu Ir sa tl ns ffnediNhiijera,toe, r oca }
erminated or c�e au�t; anc�
B. where the a plica� Is . una le to c rtify to an f the
stat me .ts In th1 c ratification, e or s ie shall artac� an
expoana on to this apprcation.
GRANTEES OTHER THANAICIVIDUALS)
As re uired b e PgtFrtre��Wg�{�lacrte c�o�of 1988,aase�ine�er�te�JB a� art � Sections 6��61�and %�.Wgs,-
d Wlipan place that it will or will continue to provide a
(a P b ishin a stat meet noti in employees that the
u�law i mar fa to e, Istribution, Is n I ,. ssesslo , gr
use oT a con�ro�le� Su st nce is r I Ife. rn h workplace tie act) -E wi be a�Ceprantenesl agal
employeesj0ndvNefJfvjna
r aon osuch pro�i�ltron;
00 ms abernlpioyaaabooutgoing 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;
3 A available druVC8unseling, rehabilitation, and employee
has}slsUnce programs;
The alties that ma b im o ed u on employees for drug
use vip�a Ions occurring in The iorkp�acpe;
Mak'n It a re it ment that eagh em la ee to ed iiRL
erforrmance of rant be given as copy of�geenpa sat men
regL red by paragrap� a�;
Me
Nottif i the emplo e� in the employment jerqt%redgbty
ra i t t, as c n Rion o em omen unee ran
e riRoy wr�-
OJP FORM 406116 (3-91) REPLACES OJP FORMS 4061/2, 406213 AND 406114 WHICH ARE OBSOLETE.
Page 176 of 434
Agenda Item #11.
(1) Abide by the terms of the statement; and
i he employer in wr n is or ber conviction for a
t fy a ste. q of h the workplace no
n .1u
ral el a �10R than v e ccaTenn calendar U4' s a � e r such cc R ucrornn �i cT o n
e) N t'f in the aNg I in writin , wit n h' 10 calendar days, after
e
�ecei n-otice SUID a aph. a) rom an empiQ ee
r 0 1 4 r C
Pto el, wisp reQe ving a (?Ua notic (N. �Uch.. coovicti n.
erp of cQnvic a em oyqes fnLjst provi once in
It I c;
itio epa mgm, OT s 1c: f P1 Ic
r r
4
rwhhinarnf, g��roWJ.SK, )nc is a N� ue,
1 0 IX 0
g 1 2 inc - - IT,�r � I ice snal i th entification''n erTs of each - ected grant;
Tak winq ac one. of the follo ' �tiqns, within 30 (��'Ienctg
:SreV�eceivingnoticehounder sut)gar graph (d) wl
w tr
psecot to any employee is so convi e
(1) Taking, ap ro ri tle n ,rsonnel . action agatn�,t such tgn
J)or nsistent with e0 n in coI tp t,reqIE14 mel n the e' Wce PaV )i qia 0 Prct oilt*3, as amended; or
Requiring such I el,10 articipate satisfactoril a dr�up
use assistan e ' ' atp8, a r suc
Y�awI 1po
r a roeorilioarNeamItvrgu�t�ier re eral %ate hen orcement,
ses b ar appropriate agency;
(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).
The ranteQ may insert in ffie acerovided4elow t�e t .%ii t e
idfo,r Ae performance OT work lane connection wi e
eCITICgrant:
code)Plape of Performance (Street address, city, country, state, zip
Check I— if there are workplace on file that are not identified
We.
a t' 671 610 yf th lationsovides.that ahgpn
edeee %at i(9;[ I Ten r u r4i ti estate - m a e ep. to. m a 0 at in.tpc %ca
�Eea�epartn A o 7T n1ch s9ok19 ciMatesea wl deght applica (on0
cr 0 Form an e gencies
may elect to use orm
Check if the State has elected to complete OJP Form
4061/7.
F&%-TREE WHO%R�AINDIVIDUALS)
As re uirpd the ru Ftt
t W lace FA and
7 V �t of 1988,
Ne entn C ec s g g�.gytees. as
ine at N 8 art T9 and
A. Asa condition of the gTnt I certify that I will not engage in
the un1aVYTU1 manuf1Tctjure,, Isteibution, di nsinp,�po!?e?,Slon,
i I s8i ?I , I
,Qr use OT a pontrol ed substance in con, i on ac ivi y with
the grant; and
B. If convinced of a criminal drug offense resulting from a
violation occurring during thp conduct of any grant activity, I will
report the conviction, in writing, within 10 calendar days bf the
conviction, to: Department 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 Rej;resentative
Chief Gustavo Medina
5. Signature
Jeremy Alien, Village Manager/Lori McWipfams, Village Clerk
3. Grantee IRS/Vendor Number
2s ZZ
6. Date
Page 177 of 434