HomeMy WebLinkAboutUS Department of Justice, Drug Enforcement Administration - Central Florida HIDTA - 2016 08 10 RECEIVED AUG 10 1011
STATE AND LOCAL HIDTA TASK FORCE AGREEMENT
"CENTRAL FLORIDA HIDTA"
This agreement is made this I" 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 narcotics and dangerous drugs 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 DEA Orlando HIDTA Heroin Task Force will perform the activities and duties
described below:
a. disrupt the illicit drug traffic in the 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 Heroin Task Force, the WSPD agrees to detail one (1)
experienced officer(s)to the Heroin 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
DEA supervisory personnel assigned to the Task Force.
3. The WSPD officers 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 WSPD officers assigned to the Task Force shall be deputized as Task Force Officers of
DEA pursuant to 21 USC 878,
5. To accomplish the objectives of the DEA Heroin Task Force, DEA will assign four (4)
Special Agents to the Task Force.HIDTA 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 WSPD officers 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 Heroin Task Force, the WSPD will remain
responsible for establishing the salaries and benefits, including overtime, of the WSPD officers
assigned to the Task Force and for making all payments due them. HIDTA will, subject to
availability of funds, reimburse the WSPD for overtime payments made by it to the WSPD
officers assigned to the DEA Heroin 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 I.
11, The WSPD 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 WSPD
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
WSPD 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. The WSPD understands and agrees that HIDTA will provide the DEA Heroin Task Force
Officers with vehicles suitable for surveillance. HIDTA through DEA will furnish mobile radios
for installation in the HIDTA Task Force vehicles and HIDTA will assume the cost of
installation and removal. HIDTA will be financially responsible for the purchase of fuel for the
leased vehicles and for providing routine maintenance, i.e., oil changes, lubes and minor tune-
ups via the HIDTA lease contractor. DEA and HIDTA procedures for reporting and
investigating automobile accidents involving Official Government Vehicles (OGV'S)-HIDTA
lease vehicles shall apply to accidents involving the leased vehicles furnished to the WSPD
personnel, in addition to whatever accident reporting requirements the WSPD may have.
14. While on duty and acting on Task Force business, the WSPD officers 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 HIDTA Executive Committee acknowledges that the United States is liable for
the actions of Task Force Officer,while on duty and acting within the scope of their federal
employment, to the extent permitted by the Federal Torts Claim Act.
15. 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.
16. Among members of the Orlando District Office HIDTA Task Force (ODOHTF), sharing of
federally forfeited property will be based on the number of officers each participating agency
assigns to the ODOHTF.
17. Equitable sharing distributions with non-ODOHTF agencies shall be based on the number of
work hours expended by the non-ODOHTF agencies in the investigation. In investigations
where agencies not comprising the ODOHTF participate in the investigation leading to the
seizure and federal forfeiture of assets, sharing may also be determined on the ultimate
qualitative value of the information provided to the ODOHTF. 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.
18. Equitable sharing distributions with contributing ODOHTF agencies (e.g. independent
agency units, narcotic squads, detective squads etc.) shall be based on the number of work hours
expended by contributing ODOHTF agencies in the investigation. In investigations where
agencies (e.g. independent agency units, narcotic squads, detective squads etc.) comprising the
ODOHTF participate in the investigation leading to the seizure and federal forfeiture of assets,
sharing may also be determined on the ultimate qualitative value of the information provided to
the ODOHTF. In making the distribution determination, DEA will take into consideration the
originator of the information, the development and/or use of confidential infonnants or sources
of information, and the critical nature of the assistance to the investigation.
19. The term of this agreement shall be effective from the date in paragraph number one until
September 30, 2017. This agreement maybe terminated by either party on 30 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. HIDTA will be responsible only for obligations
incurred by WSPD during the term of this agreement.
For the Drug Enforcement Administration:
rX. (i'1,1�L► Date:
Adolphus P. Wright
Special Agent in Charge
Miami Field Division
For the Winter Springs Police Department:
Date:
Kevin P. Brunelle
Chief
For the City of Winter Springs:
Date: f r J
Kevi Smih
CiLy Manager
z 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 (Non procurement) 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,. r local) tra a do or c tr ct unVd r
ja��ir transaction;. violation of ec�era� or a ntitruA
As a uir ed b e t�Qn 13 Tale 31 of then U..S. Ctode,cl[aan� f�urevs qo commissiond f em a ement he ?A e
�epRgee,ete a p e erRifies that:b��Sd�Bnas de#ne%gat 2�tiFR statembntsr rreceiving stole�nr property z records, ma ing �alsrye
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�over�irn n`falntity (�ec�eralStete, or cal) wi I�
toy or on behalf of the undersigned, to any person for influencing omt i sib ano o aie o ens s enumera a in paragraph 1)
or attemptin to influence an officer or employee of any agency, �)o tfiis ce ifica on; and
a Member o� Congress, an officer or employee of Congress, or
an employee of a Member of Congress in connection with the
making of any Federal rant fhe entering into of any (d Have not within ea Mreza?argrriod ffesedingAhii apelilatior
cooperative agreement, an 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 ermina a for caus or a au t; an
agreement;
B. Where the a plicanntt is,unable to rtify to an f the
stat me is in thin c rtification, he or s�Fie shall a�tacrr an
b.(f an ff ds othher than Federal a r riated fund have.be n exp�anarion to this application.
�+d or vyvil�ae id to an ppgrson fQ �n eienc�n�or a�e aintget
uence an o cer or a Pi o ee t an a en a e e o
ress arr� icer or em o ee
Leo?ban re o ar�e p o e o
a AembeF o on res l co ne tion h is a era n o 3 pRUG FREE yypRKpL �E
coQ� erati a re� the ersi ed sal co p e� an (GRANTEES OTHER THANAINDIVIDUALS)
ctievities%nancco�dance with itt�slln§tructionsosure o o9bying
IArIIS le eir ddd a the C�IU Frrte�7W�u�lace rtt of 19t88, and
de iir al Z8 PartK 7i Sections 6 1 and% as
( The nder i nedd Ell re wire that the la u e t this cer-
ti c tion� in slt�ded in t e av� rd doc ments 6r l�sugawards a A I e ap l art c rtities that it will or will continue to provide a
oilpp'enttshal�cerfif grants o
cotrr�is�uan�drtllga{a(� su� drug-ineew�r�Cpraceeby:
P Y gYY gY
(a P b ishm a stat meet not it in em to ees that the
u lakes ma fagto ev isnbutiononan i ,. ssessio q9r
�}
USE RgIUN,ANDUTHER e�ploy place rSOlaton�o�suachpronib�ton; fwi be aket�raganst
�T� p�P1�NT)
NO tstabli hm an on-going drug-tree awareness program to
As re wired b Executive Ord r ,Z5 9, barment nd rm emp�oye�s about-
SMc u en ngn,ian impleme verec�ttZ S CK ns 67§rdenneye
� rt�7,�ec ion rg 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 presently. debarred, suspended, proposed for debar- �3sJsis�avnce programs ga�Runselmg, rehabilitation, and employee
ment declared ineligible, sentenced to a denial of Federal
benefits by a State or-Federal court, or voluntarily excluded gfro y �4)The pgrpities that may b im�oskpd urn employees for drug
covered transactions b an Federal department or agency;; use v o a ions occurrin in he or a e;
b Have n.o w th a thr e- ea eriod reced'n t is a I'c tion (c 1VI n it a re r ment th t each employee to be en ed i
1 t p' y �� (i� thq�er�orrYnparagr ptn(a rantabe given a copy of the s alemenl
en convic e o r he�a civlr.�ud et ren a anga s em re fired b h
o�r commis on of. ra r a cri i o ense in con ection wi
taining,a lion Po oetain, or pe orming a tthh
p y�a�Nh�l, as co o Ynec�it,on offempiloyment unJerQMe grant
ra ra
OJP FORM 4061/6(3-91)REPLACES OJP FORMS 406112,4062/3 AND 4061/4 WHICH ARE OBSOLETE.
(1)Abide by the terms of the statement; and
vI MJotin' aec irmrrie°�ecrI s uk ooccusriony,her he workplace no
la er than ive calen ar dads a er such con is ion;
e NQtif inq the a�e�c�y, irbwritin with' calendar days after
e ei in notice e su ra aph c)? Pro an em.Yo ee Check r there are workplace on file that are not identified
�Er oth is rece vela a ua notic� o . uc� convi ti .n. ere.
mpto er tic nvic ttm o es st rovi I otice n �u In
Wa0S�ia inn 2 � 1ro Notice sh l inncluc� thevrcreneflfi tioad S(gtti m, 610 yf the r ulations p{ovides,that a nee that i
num ergs of each a ected rant; ea A co e h'cTiashaOO 17 e riincc(a�f oa wit�iaegart apr li , on
( � g for Depa t cent o6y� ice 1 Males and Mate p�gencies
may elec o use Form ��'t'/4.
3Vs ao fn�ecelvin f notice II un'aer asupn ar with'p% 3(tl)( lend r
respect to any employee who is so convietec Check r 406117 State has elected to complete OJP Form
L1� Taking ap ro n to rsognel .action aain�st sucp n RAG REE pR LgCE
regNoXieen spo�heWE 1il1 aglneRcTo�f�(ffi as amended horse GRANTEES WHO ARE INDIVIDUALS)
0 Requires h emrlQye6}litatro�igi� rar asfaro a i>noa suc �lerr�ei r C � rte�7W rkp t FAct . 1988,tee and
use as i an a or a uP ntees, as
nr 6thereappropriateeagency e, or o a ea h,�aw enforcement, e ine a a It 06 and�rT.�f2�-
A. As a 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 a drug-free the unla cfu�manuf ctture, oistfibucfion, di s , nsin oss� s�o
workplac through implementation of paragraphs (a), (b), (c), (d), ruse o�a ontro�ed substance in conoinon 2g�i�activi y wq1
(e),and ( n1e grant; ancr
$ The rante ma insert in t e ace, rovided elow the ite B. If convinced of a criminal dru offense resu►ting,from ,�
dfo tl�e er orm�nce of wor Bone ini connec ion with tie violation occurring during the conduct of any grant activity, I wi I
ecfO c granT. report the conviction, in writing, within 10 calendar dos of the
conviction,to: De artment of Justice, Office of Justice Programs,
Pla_,ce of Performance (Street address, city, country, state, zip D C 205 Control �esk, 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:
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
Illy
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 is (Federal .State,. r local) tea a do or c tr ct und�er
u ir transaction; . vlo°lation of ,ec�e�a� orantitrus
As e uir d b e 13 Ttle 31 of the U:S. C2de, and t,1 es qof commission
d �f em ezfz emen� he or e
�an°�et�I ap j�a� r�o ghat b���8nas eefine�i�ato2%ZM s a�err��nts,i�etcely.o stolen prop
propertoy; recor s, ma ing als�e
(C��)Are of present/y indi t d for or th rwise criminal or civil
(a) No Federal appropriate funds have been paid or will be paid, Crfar ed��a Aoverll�n nafafpntitX (�e�eral State or � ical) wi l�
6y or on behalf of the undersigned, to any person for influencing �o)mrii sio r� ano o tie o ens s enumeia a in paragraph 1)
or attemptin to influence an officer or em loyee of any agency, o this ce ifica on; and
a Member a Congress, an officer or emp�oyee 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 tthi appli atio
cooperative agreement, ang extension, continuation, renewal, �d .on �r more aubliG r�ar�saeti�ns eaeral, Sta e, gr aiocal)
amendment, or modification of any Federal grant or cooperative ermina a for caus or qe au t; an
agreement;
B. Where the a plicant is.unaple to rtify to an f the
slat me is in this P rtification, he or sFie shall aac� an
ISan fq ds other than Federal a r riated fund hav ben exp�anarion to this apppication.
or vyvil�a d to an On fo ipn �iencin or a tteem{{m
uence an 901(Ingres er or e�To ee an a enb , a Mer i6elg o
ress arr er or em� of Con ra o ara e plo e o
a T ambeP o i co ne lion h is a era n o p UG F EE YypRKPL �E copQy +eratix a re �heersi ed sal co p e� anc� �RANTEES OTHER THANAINDIVI DUALS)
cfivmities, nnacco�da�nore with it��in§tru�ctionsosure o oabying
im le einr ddd a eC��u Frrte��WSq�lc�tlzaarc�e it of 1r9it88ss aas
deTine�at 28 � Part ?5ections 61.61 ' and
(( The ndersi neq sh II re wire that the la u e f this cer-
ti c tion� m li�de,�d in t e av9 rd doc ments d� ,Ps uaawards at A I e ap li a t c rtmes that it will or will continue to provide a C11 n Coo npients ha��certifents And seao ntrsi�sivan�dertl�a af� su�a drug-freev�r�Cp�aceeby:
P Y gY
(a P b ishin a slat meet notit In employees that the
u law p ma ufa to e, is�anbution, pis e�rtsi�, ��s�se�ssio pr
IUN,AND UTt1ER worl�place 8n trsgeCifvrnys ne actions.rtn a iwei Ise a e aga nst
�C§Afffi 4 S R wor oyees or vi atio o such pro i dion;E b Establi hin an ongoing drug-tree awareness program to
As re wired b Executive Ordd r ??5g9, barment nd arm emplsoye�s about-
Su en�i n,.anc�im lemented t Z C�K Prt 67 Di ros ei
a �c an i rjmapr� rec� transactions, a§ Sr de inedpaT g
�FR art ,��c ion 7 R (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- (a�s�sis{iavnce programs ganSunseling, rehabilitation, and employee
ment declared inelible, sentenced to a denial of Federal
benefits by a State or-Federal yourt, or voluntarily excluded fro Y �41 The ggalties that may.b im oskpc� ucpon employees for drug
covered transactions b an Federal department or agency;; use v o a ions occurnn99 in a or a e;
c Mak'n it a re r rent t t each em to ee to a en wed i
Ib Have nott wth' a thr e- ea nod reced'n t is a I'c lion h errof nance%Tt� ran�e given c� of he s�a amenq
�en convictecr on r hac�aYC.ud e t r0et��a�ga�i�s� ie n req�ired by paragraphe(a�; g py
oer commis on of Wau r a cn i o ense in con ection wi
taining, a empting to obtain, or pe arming a ����
� pRoy��th�et, asr�coync�ition oftemplsoymenef undergt�ie grantt,,
ra ra
OJP FORM 4061/6(3-91)REPLACES OJP FORMS 406112,4062/3 AND 4061/4 WHICH ARE OBSOLETE.
(1)Abide by the terms of the statement;and
(2 lat onyo,,aecnmpn°�ec�run s n u occuSri°nr �ethe°workplace no
lafter�han five calendar dais affer such conVgic�ion;
e N4tif inq the a enc�y, ir%wntin with' c lendar days after
e i�r�n rTO ice Ue., esu ra aph. �e)� �orr) an emplo ee Check there are workplace on file that are not identified
r o is rece vi a ua notic o . uc convi ti .n. ere.
§Oi�spio ier fst� cpnvic e t MAaneteo�gn ss 1C' ��oeiced nc�3 ina S ti n 67, 630 f the r ulations 1 ov des.that a g nee that i inmr n, �}C 2 � 1r: IVoefice shad incquac�e thevreeneflficatioii a PS°ta�e ma ele to. a �on certi{ a�o m ach dter J f m er�s�of each a ected grant; for DelectotoIn���h� tocer° � i�i nc� a�ees annde rate pIgen es
Y
91 Tak�n4 one. of the. followiag acUns, withir% 30 lendgr
res�pec�to any�em�loyee�w%oun sorconvieteregrap (d)( � vii Check f if the State has elected to complete OJP Form
4061/7.
W1� Faking ap ro m to ��rsognel .action arinpt su,, n R G E pRK L E
regriir�mentspo he eea�ilita��ne�c��o t��3nf3 as amended orge FGRANTEES WHO A 6NDIVIDUALS)
Requirin such emglpyeh}lratio�participate ra asppfppa o°ve� �{oasucp s lerr�E' C� W re 197W rkp�lacte�Acfg .ggtee'saas
Drs ses an ede�ale a e, or o a ea h,'law en orcemen , e e a a ectioris �� 55 arid ti�.61U-
br 61her appropriate agency;
A. As 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, Jiistfibucfion, dis nsin oss ip
workplace through implementation of paragraphs(a), (b), (c), (d), r use os a ontroIed substance in cones Ion erti�activi y wi�h
(e), and(f). e grant; ancr
The rantee mai inset in tike agace.Rrovided below t�e ite B. If convinced of a criminal drug offense resulting,from a
s� fofr tflee orm nce o wor ne i connec ion vii tie violation occurnntq during the conduct of any grant activity, I will
eci is gra report the convic ion, in writing, within 1,0 carendar days of the
conviction,to: Department of Justice, Office of Justice programs,
Poac of Performance (Street address, city, country, state, zip D C 20531ntrol 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
,f r