HomeMy WebLinkAboutUS Department of Justice, Drug Enforcement Administration - Tactical Diversion Task Force Agreement - 2016 10 10 RECEIVED AUG 10 2011,
TACTICAL DIVERSION TASK FORCE AGREEMENT
This agreement is made this 1st day of October, 2016, between the United States Department of Justice,
Drug Enforcement Administration(hereinafter "DEA"), and the City of Winter Springs Police
Department(hereinafter "WSPD"). 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 controlled substance pharmaceuticals and/or listed
chemicals exists in the Florida area and that such illegal activity has a substantial and detrimental effect
on the health and general welfare of the people of Florida, the parties hereto agree to the following:
1. The Orlando Tactical Diversion Squad Task Force will perform the activities and duties
described below:
a. Investigate, disrupt and dismantle individuals and/or organizations involved in diversion
schemes(e.g., "doctor shopping", prescription forgery, and prevalent retail-level violators)of controlled
pharmaceuticals and/or listed chemicals in the Florida area;
b. Investigate, gather and report intelligence data relating to trafficking of controlled
pharmaceuticals and/or listed chemicals; 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 Orlando Tactical Diversion Squad Task Force,the
WSPD agrees to detail one(1) experienced officer(s)to the Orlando Tactical Diversion Squad Task
Force for a period of not less than two years. During this period of assignment,the WSPD officers will be
under the direct supervision and control of a DEA supervisory Special Agent assigned to the Task Force.
3. The WSPD officers 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 WSPD officers assigned to the Task Force shall be deputized as Task Force Officers of DEA
pursuant to 21 U.S.C. Section 878. DEA acknowledges that the United States is liable for the wrongful or
negligent acts or omissions of its officers and employees, including Task Force Officers duly sworn
pursuant to 21 U.S.C. Section 878,while on duty and acting within the scope of their federal
employment, to the extent permitted by the Federal Tort Claims Act.
5. To accomplish the objectives of the Orlando Tactical Diversion Squad Task Force, DEA will assign
one(1)Group Supervisor, two (2) Special Agents and two(2) Diversion Investigators to the Task Force.
DEA will also, subject to the availability of annual Diversion Control Fee Account(DCFA)funds or any
continuing resolution thereof, provide necessary funds, vehicles, and equipment to support the activities
of the DEA Special Agents and WSPD officers assigned to the Task Force. This support will include:
vehicles, office space, office supplies,travel funds, funds for the purchase of evidence and information,
investigative equipment,training, and other support items, as available DCFA funds permit. Task Force
officers must record their work hours via DEA's activity reporting system.
6. During the period of assignment to the Orlando Tactical Diversion Squad Task Force,the WSPD
will be 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 agency/department for overtime payments made by it to WSPD officers assigned to the
Orlando Tactical Diversion Squad 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 $ 17,753.00), 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 WSPD charge any indirect cost rate to DEA for the administration or
implementation of this agreement.
8. The WSPD 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 WSPD 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 WSPD shall maintain all such reports and records until all
litigation, claim, audits and examinations are completed and resolved, or for a period of three (3)years
after termination of this agreement, whichever is later.
10. The WSPD 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 WSPD agrees that an authorized officer or employee will execute and return to DEA the
attached ON Form 4061/6, Certification Regarding Lobbying; Debarment, Suspension and Other
Responsibility Matters; and Drug-Free Workplace Requirements. The WSPD acknowledges that this
agreement will not take effect and no Federal funds will be awarded to the WSPD 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 WSPD
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. All sharing of federally forfeited property will be done in accordance with the U.S. Department of
Justice policies and procedures as set forth in Guide to Equitable Sharing for State and Local Law
Enforcement Agencies(April 2009). Every effort will be made by DEA to make a fair and impartial
distribution of federally forfeited assets. Among members of the Tactical Diversion Squad Task Force,
sharing of federally forfeited property will be based on the number of officers each participating agency
assigned to the Tactical Diversion Squad Task Force. In investigations where agencies not comprising
the Tactical Diversion Squad Task Force participate in the investigation leading to the seizure and federal
forfeiture of assets, sharing will be determined on the ultimate qualitative value of the information
provided to the Tactical Diversion Squad Task Force. In making the distribution determination, DEA will
take into consideration the originator of the information, the development and/or use of confidential
informants or sources of information, and the critical nature of the assistance to the investigation. At the
`
discretion oyURA+ equitable sharing distributions with non-Tactical Diversion 8quudTuokFoxue
agencies may also be based on the omnbc,of work hours expended 6v the non-Tactical Diversion Squad
Task Force in the investigation.
14. The term of this agreement shall be effective from the date in puruurunk number one uud| September
30, Z017. 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 WSPD during the term of
�
this agreement.
�
For the Drug Enforcement Administration:
�
. '
� 4. Date:
�
� .--_,'_ - � Wright
�
Special Agent in
� ���miB6dD���n-
`
For the Winter Springs Police
uuou:
Kevin Brunelle
Chief
For the City of Winter Spri
~~~7Date: s
City Manager
_�_ ^'
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 u (Fede ral ,state,.c�r loal) a ado or c tr ct un�� r
transaction;. violation o ecera� or Vat ntitrus�
As e uir d b e �� 13 T'tle 31 of the U:S. Ctode, aannd �,u es for commission c�f em ezfz ementd he ore
Ka Pe'api er�ifiehatb(��SbsBnas ea in s{a�erri��ntsso retcelving soleri propert°y; records, ma ing alsryC
Are of presentl indi t d for or th rwise criminal or civil
(a) No Federal appropriate funds have been paid or will be paid, ar ed��a pover�i n n°fai fpntit� (�ecneral fSt�te or ��ical) w�
py or on behalf of the undersigned, to any person for influencing oml i sio an�r o tote o ens s enume?a a N paragraph 1)
or aftemptinq to influence an officer or employee of any agency, �)o t�iis ce ifica on; and
a Member of Congress, an officer or employee of Congress, or
an employee of a Member of Conggress in connection with the
making of any Federal grant the entering into of any d Have not within a tthhre ear eriod a eding Ihi ap Ii atio
cooperative agreement, and extension, continuation, renewal, P�d .on 8r more nubli�Cr�ar�sa�t�ns ecderal, Sttae, grcfocarj
amendment, or modification of any Federal grant or cooperative ermina a for taus or a au t; an
agreement;
B. Where the a plicayn� is.unable to c tify to an f the
stat me is in this c rtifi.cation, e or s�ie shall atac�1 an
�b.IIf an fq ds of her than Federal a r riated fund hav ben exprana{ton to this application.
d or vyvilN�e id to anpgrson fo��n �iencin�or aem>inlq i
uence an o ter ore o ee o an a en a e e o
ress aj�icer or em�o ee of Con re o ar�a plo e o
mbeF o on res i co ne tion h is a era r n o RUG FREE y�pRKpL �E
co erati are R `he ers1�1 ed s�all corpp�e� anc� �ORANT S OTHER THANAINDIVIDUALS)
�u mtt Vant�ar��OPM ��� rJIScl ure oT onbying
c?
wties, in accordance with its inWuctions; As re uir d b 2thgeC u Free W rk Rlaace Fq t of 1n9t88,, and
V ine�ea 2%a �art �'�Se�ctlons�b/�15" and e1us, as
� The nder i ne s II re uir that the lap u e ot this cer-
i bona m slr�de in �,a av9 rdedoc ments td� �lsupawards a A I e ap b art c rtmes that rt will or will continue to provide a
N'Cli eativ nc�uree�,,ens grants§uncolta c s un�dertliapntp sal drug-i"ee wpOrkCp�aceeby:
recipients sha��certify and and
isclose accoraingiy.
(a P b ishin a stat meet notit In employees that the
ur�law ma fa toe is ribution, is n i P ssession pr
use >u a coda ro�(ed u s nce is wife, h range
� ECIE fit! ' E IUN,AND OTHER worl�placen s�ecifymy a actions a wi be a e agarns
E� emp oyees or vi anon o such pro iuition;
/b tstabli hin an on-going drug-tree awareness program to
As re wired b Executive Ord r 1?5 9, barment nd Vorm emp�oye�s about-
S�au����e�n ngn,ian implement eredatt2ans cKo S 6a§ de ineciPaTug
�FR hart �sc ion 7 °1� (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- Ia3s�sls{avnce programs%nnunseling, rehabilitation, and employee
ment declared inelig ble, sentenced to a denial of Federal
benefits by a State or-Federal court, or voluntarily excluded gfro y �4)The Pgr}alties that ma_y b imwposled ucpon employees for drug
covered transactions b an Federal department or a enc , use v o a ions occurring in a or a e;
b Have no w th' a thr e- ea eriod reced n t is a I c tion rrc Mak'n it a re r ment th teach em to ee to be en ed i
r commist}on of.o a a y �i � p th errot�nance��i�i range given sc�py of the s�a��men�
�en convicted o r h ca ciwr.ud et rendet4e�a�gair�s� ie required by paragrap Tay.
,ran
r a cri o ense in con ection wi
o�taining,a empting too tarn, or pe orming a ���� t
�np� y�n�th�ef, as sc°oync�ition of emplsoymenfnunc{ergt�ie grab
ra ra
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
( la nyo aecriunneaedru str u ooccuirrinnvq ip the worKpolaceo no
la er an live calen ar dads i eur such con is ion;
e) Noti in the a�e�ciy, ir�writin with c lendar days after
of elyan rto ice el u ra aph, t, corm an empc�lo ee Check f there are workplace on file that are not identified
r o is rece vi a ua notic o uc convi ti .n. eere.
mplo er c nvicoy es yst�;rovi otice n u to
aiam n& 2 �iaoToias nnu��ave�enetffic�laStio a�Stta�e ma' 60�ft�the r ulations�{ov{des.that ahgaee�tlat il
num er�s�o�f each a ected grant; ea A co etc h c�i sOOlcef a inccfaaoa witPTiae heaer�ica�lon
for Deleat to6nt o6y�yioce�i�r�)1/7 Sufaefes and rate p gencies
94 TI one. of the. followi actippns, withi 30 lend r
e�sYpecotto�anyiemolo otiwhoisRSOOrconvUieter�grapn (d)( � wi Check r if the State has elected to complete OJP Form
4061/7.
W1 �a ee ap ro�n to fsor�nel ,action aaain�st sup n �R G F EE �� � )
qa ogee, Sp r hnchlcir}� e�rrtint�c�r�l3 as amended oroe GRANTEES W R I DIVIDUALS
re it men o he e a i i att n c o
�?�Requiring such emplgynlleratpo� rarr}to fa o�e i ora suc an�tlerr e � Crt 67� eb7W r7 5eF it of 1988, and a
use as i s
an a or a up 5
g���ieeap�ropriate agency e, or o a eal h, w en orcemen , e it a a ectioiis / and�r1.�1
A. Asa o dition of the gr nt.I ertify that I will not en a e in
(g)Making a good faith effort to,continue to maintain adrug-free the unlau�manuf ctture, c�istfibucfion, dis . nsin oss s�io
workplac through implementation of paragraphs(a), (b), (c), (d), ruse o�a ontro�ed substance in cond�i ionii�activiry wi�h
(e),and(�}. e grant; anc�
The rante ma insert in tie ace. rovided below the ite B. If convinced of a criminal drug offense resulting, from a
s) fo tMe er�orm�nce of work Dane iR connection with tie violation occurring during the conduct of any grant activity, I will
ecific grarR: report the conviction, in writing, within 10 calendar days of the
conviction,to: Department of Justice, Office of Justice Programs,
Poage of Performance (Street address, city, country, state, zip D C 205 Control Desk, 633 Indiana Avenue, N.W., Washington,
cde)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:
Chief Kevin P. Brunelle
Winter Springs Police Department
300 N. Moss Rd. Winter Springs, FL 32708
2. Application Number and/or Project Name 3. Grantee IRS/Vendor Number
4. Typed Name and Title of Authorized Representative
Kevin P. Brunelle, Chief
5. Signature 6. Date
and it K':�_/4
.M` w 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 pu Ic (Federal .State,. r local) tra a do or c�.[ltract unV r a
tr transaction; . vlo�ation ofec�era� or tatntit�ust
As e uir d b e t��� 13 T'tle 31 of the U:S. Ctode, aan� ,�,u es for commissiond c�f em eztz emen he or�etrsy
�ar°�etraelive mer�ifie e hat 6�BF�nas c�e#lne�at°2� FR s{aterriyiants,sor receiving sfoleri property; recor s, ma ing a e
Are of present/ indi t d for or th rwise criminal or civil)
(a) No Federal appropriate funds have been paid or will be paid, ar ed� a fgover�i#n n°#aentit� (�e�eral (State, or ��cal wl
y or on behalf of the undersigned, to any person for influencing om, sio an� o tie o ens s enumera a in paragra�h 1)
or attempting to influence an officer or employee of any agency, �)o this ce ifica on; 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 t within�af]re �ar�e�riod p[egcedinghi ap�lic(atior
cooperative agreement, and extension, continuation, renewal, {'�d .on r more u i sa ti ns a era/, to e, r oca
amendment, or modification of any Federal grant or cooperative ermi e for caus or a au t; an
agreement;
B. Where the a plicanntt is.unable to c tify to an f the
stat me is in thisP c rtification, he or s�ie shall atac� an
b�I.IIf an ff ds ofhher than Federal a r riated fund hav ben exp�ana�ion to this application.
fld or ywill�e id to an grson foF%Zerincinq�or a1 )inlgef
ue r"' an o Ier ore o ee an a en a e�; e o
a��re s ar �fficer or em�o ee o�Con re o ar e pp o
mbseh o on res i co ne tion h is a era n o RUG EE yypRKP�q�E
ccopperati e a re n ne r1he t�r�c ersigBed s all comp e�� anc� �RANTE S OTHER THIAN INDIVIDUALS)
V tt ,fan ar ofm lsclosure o o hying
c ivities, in accordance with its instructions; As❑re uinreddd b ��tthh8eCFD u Frree W rk�laarc�e r t off 19 e8,, and
dei�ne�eatte28 aFR Pa rt �Sections�i�/.615' nd ro� 1US, as
� The nder i ne sh It re uire that the la u e t this cer-
i c tion� m sl�dec�in t e av9 rd doc ments d4 3psu�awards at A I e ap �i a t c rtities that it will or will continue to provide a
� oiplentsha��certif an`dg�isnclose9acoa�is�uan��r tlia att� su�tl drug-1"ee w�r�p�aceeby:
P Y 9Y
(a P blJishin U at stat mttent not it in em to ees that the
gr
IVN,AND U-1 HER worl�p c °en�rs�ecif i sf�ie°actiprl�rthatn�w be� aspen ag ee
M%flw4fw) emp oyees or vi atio o such prohibition;WO tstabli nin an on-going drug-tree awareness program to
As re uired b Executive Or r 125 9, barment nd rm emp�0ye�s about-
Su en �gn,ianc�impplementefedatt?ans ct�o s,6a§edepi pro
949 ,��c ion 7T (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 presentl, debarred, suspended, proposed for debar- (a�s�sisPaynce programs ganuunseling, rehabilitation, and employee
ment declared ineligc�ible, sentenced to a denial of Federal
benefits by a State or-Federal y ourt, or voluntarily excluded gfro Y 9&The�gr}alties that may bim�oskpc�upon employees for drug
covered transactions b an Federal department or agency;; use v o a ions occurring in a or a e;
c Mak'n it a re r�imeent that eaoh em to ee to be en ed i
b� Have note w�th n a th�r e-yea e d reced'Visa?Ociti hq�er�oreryipnce9 pn( grant be given c�py of the s�ae�men�
en convic e o r h cl a civic.ud a ren a a s s e re fired b ara ra a ;
o�r commis on of.�ra r a cn i o ense in con ection wi
taining, aelempting to Atain, or pe orming a fv tthh t
E y�a�tNheef, as apc°oyric ition of emplsoymenPfnunc�eroteie grant"
ra ra
OJP FORM 4061/6(3-91)REPLACES OJP FORMS 406112,4062/3 AND 4061/4 WHICH ARE OBSOLETE.
(1)ANbide by the terms of the statement;and
valat,otnyot.ae nmplo�ec�ru str'u occusrionr hefheoworlilplace no
lafer than 11, calendar days after such con�icp ion;
e) Notif inq the ae�ICry, irbwritin it c lendar dayVs after
eCe1 �n rTntICe e�suraaph �8)2orr� an emo ee Check f there are workplace on file that are not identified
r o wisp reoe vI a ua notic o . uc convl t1 n. here.
�rmplo er c nvic t o es g st)roovl otice n u in
Wayhhr 1m In� 2 � 1a f ofcke sh l inclu� thev,�eneflfl tl afgtti?,ma, 610 ,ftthe r� ulationsrt{ov}des.that ahgpan�ee�th�at i�
numbers)off each a ected grant; ea A crto, �n >o h'c�Sitasr�haO 11�a inc�( aefaes atn�de ate pjmca ion
moayDelect to use gentles
/1 Talon one. of the, follow' acti ns, with' 30 lend r
rdeV ecc)to�anoy Iem�loyee whous�s�Orconv�iete rap (d)(1� wI Check i— if the State has elected to complete OJP Form
h 4061/7.
�1� Taking ap ro�rl tc i� i sor�eel in action consispentsw th teie UG FREE WORKPLACE
regpilr�mentiuspoxe'ehabil�a��n�c�o���/3,as amended; or PAANTEES WHO ARE INDIVIDUALS)
Requiring such emplpyPh{IitatP i� rs tasfarove Iinoa suc IAmsT lee e 8 CFf PCr 67� re 17W i F c{t of lntees aas k lace
use as I an a or e
eu TtEsesp�ropnateeag�ncy e, or o a ea h, wen orcemen , de Ine a a ectioris arid�f.�f2�-
A. Asa o dition of the gr nt.I ertify that I will not engage in
(g)Making a good faith effort to.continue to maintain a drug-free the unla ,u�manuf ctture, Isttibucfion, dis nsln oss so
workplace through implementation of paragraphs(a), (b), (c), (d), ruse of a ontro A substance in conviction Iiy activity with
(e), and(f). ffe grant; an
The rante ma inserrtt in tie pace. rovided elow t e ite B. If convinced of a criminal drug offense resulting,from a
s fo tM ereorm�nce of work one iR connec Ion wi tie violation occurring during the conduct of any grant activity, I will
decrfic grar>: report the convictgion, In writing, within 10 calendar da s of the
conviction, to: De artment of Justice, Office of Justice Programs,
PI of of Performance (Street address, city, country, state, zip D C 205 Control Desk, 633 Indiana Avenue, N.W., Washington,
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:
Kevin L. Smith
1126 East SR 434
Winter Springs, FL 32708
2. Application Number and/or Project Name 3. Grantee IRS/Vendor Number
4. Typed Name and Title of Authorized Representative
Kevin L. Smith, City Manager
5. Signature 6. Date
>�l
`° j't jr