HIDTA STATE AND LOCAL TASK FORCE AGREEMENT
This agreement is made this 1st day of October 2022, between the United States Department of Justice, Drug Enforcement Administration hereinafter "DEA"), and THE CITY OF RIVERSIDE, a municipal corporation of the State of California, on behalf of the RIVERSIDE POLICE DEPARTMENT ORI#331300, (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 U.S.C. § 873.
Whereas there is evidence that trafficking in narcotics and dangerous drugs exists in the Los Angeles High Intensity Drug Trafficking Area (Los Angeles, Orange, Riverside, and San Bernardino Counties) and that such illegal activity has a substantial and detrimental effect on the health and general welfare of the people of the Los Angeles metropolitan area, the parties hereto agree to the following:
1 The Southern California Drug Task Force will perform the activities and duties described below:
a. disrupt the illicit drug traffic in the LA-HIDTA 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 Southern California Drug Task Force, the parent agency agrees to detail one (1) experienced officer to the Southern California Drug Task Force 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 all 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 task force officer pursuant to 21 USC § 878.
5 To accomplish the objectives of the Southern California Drug Task Force, DEA will assign Special Agents to the task force. The parties to this agreement understand that financial reimbursement to participating organizations is subject to the budgeting, administrative and managerial decisions of the HIDTA Executive Board as well as the availability of HIDTA funding (from whatever source). Subject to this planning and budgeting guidance, the HIDTA will provide funding to support the activities of Federal Special Agents, Task Force Officers, and other specified employees (if any). 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 Southern California Drug Task Force, the parent agency will remain responsible for establishing the salaries and benefits, including overtime, of the parent agency officer assigned to the task force and for making all payments due them. HIDTA will, subject to availability of annually appropriated funds, reimburse the parent agency for overtime payments incurred by its Task Force Officer in an amount not to exceed a sum equivalent to 25% of the salary of a GS-12, Step 1 of the general pay scale for the rest of the United States. The parent agency will bill overtime as it is performed and no later than 60 days after the end of the quarter in which the overtime is performed. The invoice will identify each investigator who incurred overtime for the tasking 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. Note: Task Force Officer's overtime "Shall not include any costs for benefits, such as retirement, FICA, and other expenses." In no event will the parent agency charge any indirect cost rate to DEA for the administration or implementation of this agreement.
8 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. 9 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 I.
11 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 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 part with federal money, the parent agency shall clearly state: (1) 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 program or project.
13 Vehicles may be provided by the parent agency or furnished by DEA subject to the availability and approval of HIDTA funding for vehicle leases. DEA may request that HIDTA fund installation and removal of mobile radios in task force vehicles and reimburse the parent agency for fuel, maintenance, and repair attributable to use of the vehicles for task force purposes. Accidents involving vehicles while in use for task force purposes shall be reported and investigated in accordance with the procedures of DEA and the parent agency.
14. While on duty and acting on task force business, the parent agency officer assigned to the HIDTA task force shall be subject to all DEA and federal government rules, regulations and procedures governing the use of OGV's for home to work transportation and for personal business. The parties acknowledge and understand that the United States of America is liable for the wrongful actions or inactions of Federal employees, including those Federal deputized as Task Force Officer, who are acting within the scope of their employment under the Federal Torts Claim Act (2 8 U.S.C§§ 2671 - 2680). This may extend to representation of the covered employee if in the best interests of the United States (28 C.F.R. § 50.15(a)(2)). A state or local employee participating in the Task Force may concurrently or separately be covered for the purposes of liability by their employer.
15. This agreement shall be effective from the date of the last signature of a party and will continue in effect until September 30, 2026. This agreement may be terminated by either party on 30 days advance written notice. Federal funding of the HIDTA Task Force is subject to the availability of annual appropriated funds for each federal fiscal year (October 1 through September 30 of the next year). Billing for all outstanding obligations must be received by DEA within 60 days of the end of each fiscal year or within 60 days of the date of termination of this agreement. DEA will be responsible only for obligations incurred by the parent agency during the term of this agreement on a fiscal year basis, subject to the availability of funds.
For the Drug Enforcement Administration:
Willed JAN 1 8 2023
William D. Bodner Date
Special Agent in Charge
Los Angeles Field Division
For the Riverside Police Department:
12/21/2022
Date
Chief of Police
CERTIFIED AS TO FUNDS AVAILABILITY:
BY:
ASSISTANT CHIEF FINANCIAL OFFICER
Approved as to Form:
By:
Rahman N
1. Gerrer
Deputy City Attorney
DeL
Attest:
DONESIA GAUSE
City Clerk
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, 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
public (Federal, State, or local) transaction or contract under a transaction; of Federal or State. antitrust :
statutes embezzlement,
As required by Section 1352, Title 31 of the U.S. Code, and falsification forgery, implemented at 28 CFR Part 69, for persons entering into a grant destruction of records, making false. statements, or receiving stolen property;
or cooperative. agreement over $100,000, as defined at 28 CFR Part 69, the applicant certifies that: (c) Are not presently indicted for or otherwise (a) No. Federal appropriate. funds have been paid or will be paid, criminally or civilly by or on behalf of the undersigned, to any person for influencing charged by a governmental entity (Federal, State, or.local.) with . or attempting to influence an officer or employee of any agency, commission of. any of the offenses enumerated in paragraph (1) (b) of this certification: and
a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the (d) Have not within a three-year period preceding this application making of any Federal grant, had one or more public transactions (Federal, State, or local) cooperative agreement, extension, continuation, renewal, terminated for cause or default; and amendment, or modification of any Federal grant or cooperative agreement; B. Where the applicant is unable
certify to any. of the
-(b) If any funds other than Federal appropriated funds have been statements in this certification, he or shall attach an paid or will be paid to any person for influencing or attempting to explanation to this application. influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of 3. DRUG-FREE WORKPLACE a Member of Congress in connection with this Federal grant or (GRANTEES OTHER THAN INDIVIDUALS) cooperative agreement, the undersigned shall complete
submit Standard As required by the Drug-Free Workplace Act of 1988, and Activities," in accordance with its instructions; implemented at 28 CFR Part 67, Subpart F, for grantees, as c) The undersigned shall require that the language of this cer defined at 28 CFR Part. 67 Sections 67.615 and 67.620- fication be included in the award documents for all subawards a A. The applicant certifies that it will or will continue to provide a all tiers (Including subgrants, contracts under grants and drug-free workplace by:
cooperative agreements, and subcontracts) and that all sub- recipients shall certify and disclose accordingly. (a) Publishing a statement unlawful manufacture, distribution, dispensing, possession; or
2. DEBARMENT, SUSPENSION, AND OTHER substance is prohibited RESPONSIBILITY MATTERS in the grantee's
(DIRECT RECIPIENT) workplace and specifying the actions that will be taken against employees for violation of such prohibition;
As required by Executive Order 12549, Debarment and (b) Establishing an on-going drug-free awareness program to Suspension, and implemented at 28 CFR Prt 67, for prospective inform employees about- participants in primary covered transactions, as defined at 28 CPR Part 67, Section 67.510. (1) The dangers of drugs abuse in the workplace; A. The applicant certifies that it and its principals: (2) The grantee's policy of maintaining a drug-free workplace; (a) Are not presently debarred, suspended, proposed for debar- (3) Any available drug counseling, rehabilitation, and employee declared ineligible sentenced to denial of Federal assistance programs; and benefits by a State or Federal court, or voluntarily excluded from (4) The penalties that may be imposed upon employees for drug covered transactions by any Federal department or agency; abuse violations occurring in the workplace; (b) Have not within a three-year period preceding this application (c) Making It a requirement that each employee to be engaged in been convicted of or had a civil judgment rendered against them the performance of the grant be given a copy of the statement for commission of fraud or a criminal offense in connection with required by paragraph (a); obtaining, attempting to obtain, or performing a (d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will-
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 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 days after such conviction;
(e) Notifying the agency, in writing, within 10 calendar days after notice under subparagraph (d)(2) from an employee Check rif there are workplace on file that are not identified or otherwise recelving
Employers of convicted employees must provide notice, including osition title, Department of Justice, Office of Justice Section 67, 630 of the regulations provides that a grantee that is Programs, ATTN: Control Desk, 633 Indiana Avenue. a State may elect to make one certification in each Federal fiscal Washington, D.C. Notice shall include the identification year. A copy of which should be included with each application numbers) of each affected grant; or Department of Justice funding. • States and State agencies (f) Taking one of the following actions, within 30 calendar nay elect to use OJP Form 4061/7 days of recelving notice under subparagraph (d)(2), with Check r if the respect to any employee who is so convicted- State has elected to complete OJP Form 4061/7.
(1) Taking appropriate against
employee, and including termination, consistent with the DRUG-FREE WORKPLACE requirements of the Rehabilitation Act of 1973, as amended; or (GRANTEES WHO ARE INDIVIDUALS) (2) Requiring such employee to participate satisfactorily in a drug As required by the Drug-Free Workplace_Act of 1988, and abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, implemented at 28 CFR Part 67, Subpart F, for grantees, as or other appropriate agency; defined at 28 CFR Part 67; Sections 67.615 and 67.620- (g) Making a good faith effort to continue to maintain a drug- free A. As a condition of the grant, I certify that I will not engage in workplace through implementation of paragraphs (a), (b), (c), (d), the unlawful manufacture, distribution, dispensing, possession (e), and (f). or use of a controlled substance in condition any activity with the grant; and
B. The grantee may insert in the space B.
(s) for the performance of work pne poone ion the site If convinced of a criminal drug offense resulting from a connection with the violation occurring during the conduct of any grant activity, I will specific grant:
report the conviction, in writing, within 10 calendar days of the Place of Performarice (Street address, city, country, state, zip conviction, to: Department of Justice, Office of Justice Programs, code) 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:
Riverside Police Department
2. Application Number and/or Project Name
3. Grantee IRS/endor Number
4. Typed Name and Title of Authorized Representative
Larry Gonzalez, Chief
5. Signature
6. Date
1-17:23
ROSTER OF LOCAL, STATE, OR FEDERAL AGENCY PERSONNEL
ASSIGNED TO THE DEA TASK FORCE
NAME OF AGENCY: Riverside Police Department
1. Elizabeth Contreras