HomeMy WebLinkAboutUNITED STATES DEPARTMENT OF JUSTICE, DRUG ENFORCEMENT ADIMINSTARTION (DEA)INSURANCE NOT REQUIRED N-2022-305
WORK MAY PROCEED
CLERK OF THE COUNCIL Return FULLY EXECUTED
ACT 1 1 IA99 copy to COTC M-30
DATE: PROGRAM- FUNDED STATE AND LOCAL TASK FORCE .''
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This agreement is made this I" day of October, 2022, between the United
Justice, Drug Enforcement Administration (hereinafter "DEA"), and the S�
Department, ORI# CA0301900 (hereinafter "parent agency"). The DEA is authorized to enter
into this cooperative agreement concerning the use and abuse of controlled substances under the
provisions of 21 USC § 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:
I The TASK FORCE GROUP (ORANGE COUNTY) 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.
2 To accomplish the objectives of the TASK FORCE GROUP (ORANGE COUNTY), the
parent agency 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 parent agency officer will be under the direct supervision and control of
DEA supervisory personnel assigned to the Task Force.
3 The parent agency 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 parent agency officer assigned to the Task Force shall be deputized as a Task Force
Officer of DEA pursuant to 21 USC § 878.
5 To accomplish the objectives of the TASK FORCE GROUP (ORANGE COUNTY),
DEA will assign three ( 3 ) Special Agents to the Task Force. The parent agency agrees
to provide and maintain a vehicle for use for its assigned Task Force Officer. 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 parent agency 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.
During the period of assignment to the TASK FORCE GROUP (ORANGE COUNTY),
the parent agency will remain responsible for establishing the salary and benefits,
including overtime, of the officer assigned to the Task Force, and for making all
payments due them. DEA will, subject to availability of funds, reimburse the parent
agency for overtime payments. Annual overtime for each state and local law
enforcement officer is capped at the equivalent to 25%of the salary of a GS-12, step 1, of
the general pay scale for the rest of the United States. Reimbursement for all types of
qualified expenses shall be contingent upon availability of funds and 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 investigators who incurred overtime
for DEA during 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. The parent agency 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 parent agency charge any indirect cost rate to DEA for the
administration or implementation of this agreement.
The parent agency 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.
The parent agency 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
parent agency 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 later.
10 The parent agency 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.
l I The parent agency 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 parent agency acknowledges that this agreement will not take effect and no Federal
funds will be awarded to the parent agency 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 parent agency shall clearly state: (I) 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, 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 subject to the availability of funds on a fiscal year 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 end of the fiscal year or within 60 days of the date of
termination of this agreement. DEA will be responsible only for obligations incurred by
parent agency during the term of this agreement on a fiscal year basis, subject to the
availability of funds.
For the Drug Enforcement Administration:
William D. Bodner Date
Special Agent in Charge
For the Santa Ana Police Department:
See attached
David Valentin Date
Chief of Police, Santa Ana Police Department
ATTEST:
N
�^ Clerk of the Council
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By: IU4�
TAMARA BOGOSIAN
Senior Assistant City Attorney
RECOMMENDED FOR APPROVAL:
of Police
CITY OF SANTA ANA
ISTINE RMGT
City Manager
ROSTER OF LOCAL, STATE, OR FEDERAL AGENCY PERSONNEL
NAME OF AGENCY: SANTA ANA POLICE DEPARTMENT
1. TFO Collin Reedy
ATTACHMENT
- U.S. DEPARTMENT OF JUSTICE
OFFICE OF JUSTICE PROGRAMS
0 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 Pail 87, "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
public transaction; violation of Federal or State antitrust
As required by Section 1352, Title 31 of the U,S. Code, and statutes or commission of embezzlement, theft forppCry,
Implemented at 2B CFR Part 69, for arsons. itntedns�77 Into a bribery, falsification or destruction of records, making Talse
grant or coopperadve agreement over $100,000, as de Had at statements, or receiving stolen property;
28 CFR Part 69, the applicant certifies that:
(c) Are not presently indicted for or othClwrse crim'nally or
{a) No Federal appropit to funds have been laid or will be civlll charged bV a governmental an dty tl-ederal, Mate, or
paid, by or on befhlalf of tna undersigned, to an V person for In- loM with commission of any of the offenses enumerated in
uencing or attempting to influence an o car r employee of paragraph (i)(b) of this certification; and
any agency, a Member of Cangreas, an officer Cpp:�gress or employee of
Congress ar an employee of a Member of in con- (d) Have not within a three-year period preceding this applies -
on wkth the making of any Federal grant, the anteing Into don 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 modtficadon of any FedereI grant or
cooperative agreement; B. Where the applicant is unable to certify to Cnv of the
statements In this cerdgcatlon, he or she shall attach an
(b) If an� funds other than Faderel appropriated funds have explanation to this application.
been pad or will ba paid ao any person for Influencing or at-
temptin9 to Inouence an of car or employee of. anY agency, a
MembeP of Congress, an officer or employee of Congress, or pRUG-FREE WTKPLACE
an employee of a Member of Congress in connection with this GRANTEES OTHER THAN INDIVIDUALS)
Federal grant w cooperative agreement, the uridgrsipned shall V 9
co let
Activitles run ascctho dasrridce w/ih Its Instructloons-losure of Implemented al 28 CFR Part 6 , Subpaartt f ogran1ees as
degned at 26 CFR Part 67 Sections Subpart for
and 67220-
tc1 The undersigned shall require that the Ian 99va4e of this cer-
iftcation be included in the award documentslore11 subaworda
at all tiers (Including subgrants, contracts under grants and
cooperative a reements, and subcontracts) and that all sub -
recipients shall cerdty and disclose accordingly.
2.EppDEBARMENT T1} SUSPENSION, AND OTHER
(RDIRECT RE�I�IENT)
As required by , Executive Order 12549 Eldbannent and
Suspension, and
l implemeeNnted at 28 CFR Pit 6 , for pprospec-
28 CFR Part 67, SectP(ons67.covered transactions, as dehned at
A. The applicant certifies that it and its principals;
A. The applicant certifies that It will or will continue to provide
a drug -free workplace by:
unllawfull mannufacture, distribution irdis employees that the
ppee g possession, 'or
s
use
controlled
nd pecifyluabsthe actions hat wl be the
enragainst
employees for violation of such prohibition;
(bl Establishing an on -going drug -free awareness program to
inform employees about-
(1) The dangers of drugs abuse in the workplace;
(2) The grantee's policy of maintaining a drug -free workplace;
(3) Any available drug counseling, rehabllltagon, and employee
aJ Are HOT presem, . Usudfreu, Flueper,usu, p,ul u vu IV, uauar assistance programs; and
A)
declared inaigible sentenced to a denial of Federal
benefits by a State or federal court, or voluntarily excluded (4) The penaltles that maV be imposed upon employees for
from covered transactions by any Federal department drug abuse violations occurring in the workplace;
or agency; g
(b) Have not within a three or period prscedin' this applies- in the p a omianceuiof the grrannthat be givenplaycopy of the state
lion beenconvictedof or had a civil Judgment is (dared against ment required by paragraph (a);
Non withrohialning, attem fling to obtain, oral rforrmin le connec-
g p performing (d) Nodtyingg the employee in the statement required by
pam raph'a) that, as a condition of employment under the
grant, the employee will-
OJP FORM 406116 (3.01) REPLACES OJP FORMS 40811% 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 gave after such conviction:
VNotifying the agency, in writing, within 10 calendar days
er receiving notice under subparagraph (d)(2) from an
employee or otherwise receiving actual notice of such convic-
tion. Employers of .convicted employees must provide notice
includin0 position title to: Department of Justice, Office of
Justice Programs, ATtN: Control Desk, 633 Indiana Avenue,
N.W. Washington D.C. 20531. Notice shall include the iden-
tification number(sj of each affected grant;
(f) Taking one of the following actions, within 30 calendar
days of receiving notice under subparagraph (d)(2), with
respect to any employee who is so convicted -
Check ❑ if there are workplace on file that are not identified
here.
Section 67, 630 of the regulations provides that a grantee that
is a State may elect to make one certification in each Federal
fiscal year. A copy of which should be included with each ap
plica8on for Department of Justice funding. States and Stale
agencies may elect to use OJP Form 406117.
Check ❑ if the State has elected to complete OJP Form
4061n.
(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 19�3, as amended; or (GRANTEES WHO ARE INDIVIDUALS)
(2) Requiring such employee to, ,participate satisfactorily in a As required by the Druq Free Workplace Act of 1988, and
drug abuse assistance or rehabilitation program approved for Implemented at 28 CFR Part 67, Subpart 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;
Ig) Making a good faith effort to confinue to maintain a drugg-
ffree workpplace through implementation of paragraphs (a), (b),
(c), (d), (e), and (1).
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)
A. As a condition of the grant I certify that I will not engage
in the unlawful manufacture rtsbibution, 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 acW I
wlll report the conviction, in wdtinlq, within 70 calendar days
of the conviction to: Department of Justice, Office of Justice
Programs, ATTIC: 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 IRSNendor Number
0