HomeMy WebLinkAboutUS Department of Justice, Drug Enforcement Administration - Central Florida HIDTA - 2018 10 01 STATE AND LOCAL RIOT A TASK FORCE AGREEMENT
"CENTRAL FLORIDA HIDTA — HIDTA 1"
This agreement is made this I-" day of October 2018, between the United States Department of
Justice, Di-w, l"'i-il'orcenient Administration (hereinafter "DI"A"), and the City of Winter Springs
Police Department (hereinafter "XVSPIY). ['he DFA is authorized to enter Into this cooperative
agreement concerning the use and abuse of'controlled substances Linder the provisions of 21
U.S.(`. § 871.
,Whereas there is evidence that trafficking in narcotics and darigcrOL.is drugs exists in the Florida
area arid that such illegal actl\ity has a substantial and detrimental effect on the health and
general "eltare of the people of Florida, the parties hereto agree to the follokvino�
1 . The DEA Orlando HIDTA Heroin I'ask force vvill perform the activities and duties
described belmv:
a. disn,ipt the illicit drug traffic in the Florida area by immobilizing targeted violators and
trafficking or,,anizations,
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1). toather and report iritc1litcrice data relating to traffickint,- in narcotics and dariocrotis
drUOS' and
c. conduct undercm cr 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 ofthe United States and the State ofFlorida.
2. 1'o accomplish the objectives ofthe Heroin 'Task, Force, the WSPI) agrees to detail one (1)
experienced off-icer(s) to the Heroin Task Force for a period ofriot less than taro years. During,
this period of assignment. the WS111) officers will be Under the direct supervision and control of'
DE'A supervisory personnel assigned to the Task force.
the WSPI) officers assigned to the Task Force sliall adhere to all DFA policies and
procedUres. Failure to adhere to DFA policies and procedures shall be omUrids lot- dismissal
frorn the "Task Force.
4. The WSPI) officers assigned to the Task force shall be deputized as Task Force Officers of'
Dl',A pursuant to 21 LISC 878.
5. ,J'o accomplish the objectives of the DEA Heroin I'Lisk Force, 1)1-,'A \kill assign four (4)
Special A.gents to the Task Force, HIDTA ,vill also. subject to the mailability
N, of annually
appropriated funds or any contRIL11111.1 reSOILItiOn thereof`, provide necessary t unds and equipment
to SLIPpOrt the activities ofthe DEA Special Agents and WSPI) officers assigned to theTask
Force, This Support will itICILIde: off-ice space, Office supplies, travel funds, funds fi.)r the
purchase ofevidence and itilorination, investigative equipment, trainin(, and Other support items.
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6. Durin(,, t'
the period of to the DEA remain
Task Force, the SPS will remai
responsible for establishing the salaries and benefits, including overtime. of the WSPI) officers
assioiied to the Task Force and for making) all payments due thern. IIIDTA will. subject to
availability of funds, reimburse the WSPI) for overtime payments made by it to the WSPI)
officers assigned to the DEA Heroin Task force for overtime, tip to a sum equivalent to 25
percent of the salary ot'a GS-12, Step I (RLJIS) federal employee, currently S 18,343.75, per
officer, Note: Tasi Eorce Officers overtinte "Shall not inclu(le anj,costsfor benefits, such its
retirement, FICA, and other expenses. "
T In no event will the WSPI) charge any indirect cost rate to DEIA for the administration Or
implementation of this at�oregiment.
S. The WSJ D shall maintain On a current basis cornplete and accurate records and accounts of
all obligations and expenditures of funds under this agreement in accordance with gerlerally
accepted accouritino principles and instructions provided by, DFIA to facilitate on-site inspection
and aUditino ot'such records and accounts.
9. The WSPI) shall permit and have readily available for examination and auditing by DEA, the
United States Deparuncut Of Justice, the Comptroller General of the United States and any of"
their duly authorized aLllciits and represetitativcs, any and all records., documents, accounts,
invoices, receipts Or expenditures relating to this agreement. The WSPI) shall maintain all Such
reports and records until all litigation, claim, audits and exanurlations care completed and resolved
Or for a period of three (3) years after termination of this aoreemcnt, whichever is later.
10. The WS111) shall comply vvith Title VI of tyre Civil Rights Act of 1964, Section 504 of the
rehabilitation Act of 1973, the Age Discrimination Act of' 1975, as amended, and all
I-CClUireincrits imposed by Or pursuant to the 1"C,2,Ulations of the LJnited States Department of
JUSOCC implementing those laws, 28 C.F.R. Part 42, Subparts C, Y, G, 11 and 1.
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11. The WSPI) agrees that an authorized officer Or employee will execute and return to DFA
the attached OJI) l'orm 4061/6, Certification Regarding Lobbying: Debarment, suspension and
Other Responsibility Matters-, and drug-tree Workplace Requirements, The WSPD
acknok�Jcdgcs that this agreement will not take effect and no federal funds will be marded until
the completed certification is received,
12. When issuing statements, press releases requests for proposals, bid solicitations and other
documents describing pro' _1 arns funded in "hole oi- part with federal money, the
l jects or prog
WSPD shall clearly state: (I) percenta(,e of total cost of program or pro jest which will be
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financed with federal money and (2) the dollar amount of flederal funds for the prop ram or
13. The 'SPD Understands and agrees that I I lD'TA will pro\,ide the DEA Heroin Task Force
Officers with vehicles suitable for surveillance. IIID TA throtwh DE.Awill ffirnish triobile radios
for installation in the HIDTA Task Force vehicles and 11IDTA will assume the cost of
installation and removal. Ill DTA 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 N,-Ia the 11IDTA lease contractor. DEA and HIDTA procedures for reporting and
investipating autornobile accidents involving Official Government Vehicles (COWS)-I1lDTA
lease \'ehicles shall apply to accidents involN)inu the leased vehicles furnished to the WSPD
personnel, in addition to whatever accident reporting requirements the WSPD may have,
14. While oil duty and acting on Task Force business, the WSPD officers assigned to the
11IDTA Task Force shall be subject to all 1)1.A and federal government rules, regulations and
procedures governing the use of`()CJS for horne to work transportation and for personal
business. The .1 HDTA EXCCUtiVc Committee acknowledges that the United States is liable for
the actions of -askForce Officer. while on duty and acting within the scope of'their fi.,deral
employment, to the extent permitted bN the Federal Torts Claim Act.
15? All sharing of' Federally Forfeited property \vIII be done in accordance with the US
Department of'Justice policies and procedures as set forth in GUIde to IQuitable Sharim-1-l'or-Stat-e-
and Local La" E nl`orccmcnt AUqncie-s- (April 2(:09). Every effort will be made by DFA to make
,I I'mr and impartial distribution of federally fortened assets,
16. Arnom, members of the Orlando District 01'fice HIDTA Fask Force (ODOIFFF). sharing of
1'ederally 1`6rf'eitcd property will be based on the number ol'offlicers each participating agency
assigns to the OD01 ITT.
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17. Equitable sharing distributions \\ith non-ODOl ITF agencies shall be based on the number of
work hours expended by the non-0DO1 IT11 agencies in the investigation. In investigations
where agencies not comprising the 0DOl ITF participate in the investigation leading to the
scizure and f'ederal forfeiture of'assets, sharing may also be determined 011 the ultimate.
qUalitative ,'alue of'the information provided to the 0DOIFFF. In making the distribution
dctern-iination, DEIA will take intoe consideration the originator ol'the information, the
dcvelopmcnt and/or Use of confidential informants or sources ol'inFormition. and the critical
nature ol'the assistance to the investigation.
18. Equitable sharing distributions with contributing 01)(A ITF agencies (e.g. independent
MMIcy Units, narcotic squads, detective squads etc.) shall be based on the nLIInbCr of'e,vork I-10LU-S
expended by contributing ODOIFFF agencies in the investigation. Ili investigations where
agencies (e.g. independent agency units. narcotic squads, detective squads etc,) cornprising the
OD01 participate in the investigation leading to tile SCiAlre and federal forfeiture ot'assets,
sharing may also be determined on the ultimate qualitative value of the information provided to
the OD01 FIT'. In maklmg the distribution determination. DEIA 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.
19, The terve of this agreement shall be effective from the date in paragraph number one until
September 30, 2019. This agreement may be terminated by either party on 30 days advance
wrItem 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 to of this agreement,
For the Drug Enforcement Administration:
IS Date 0 A
A o1pphusP right
Special Agent in Charge
Miami Field Division
For the Winter Springs Police Department:
Date: r -4-
Kevin P. Brunelle
Chief
For the City of Winter Sprin s:
.00, Date: 'e Izz tie
uth
Kevin Sn
I Yr '�
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 (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 pppu State or fecal) rarraction or cc tract under a
(Federal
transaction; violation ci� �ederal or tat t t ust
As rpulr?�dl Code and t% of Rile'
a %e8tW 11�i, "Tfitle 31 of the U.S hues or, commission ;�_ lonr�er,V,
,�2 m a,
Imp ei en e P 9,$�Q&den,eat, in n eW falsification ,or stolen property;
"67'lament me Ing a e
eT,,r,,n 0
e
r c e twep% ement'oryer as a IpA�W statements, or receiving s en property, records,
I e'
�artoff Re ap nt certifies that
Are present) indictld for or pth
,Trwise criminal r Mill
No Federal appropriate funds have been paid or will be paid, �Varrdn8yt a pove ptgta fpntiV ( e eral, Stqte, or ilial)
m I e E
41or on behalf of the undersigned, to any person for influencing �10 t ay 6; o ens s enumerated in paragraph 1)
this r,
or attempting to influence an officer or employee of any agency, b)o is ce tlf,c 10 n 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 qrant e entering Into of any, Have not within a ��reewar period �eaedin apgilliatio
era),cooperative agreement, and extension, continuation, renewal, Od one &more py 18 Ir ya t?ns e e State, local)
amendment or modification of any Federal grant or cooperative terminate r cause or e au t, an
agreement,
B. Where the aelplicaqt is.unable to c fys�o,,an the
stat ents in thil cprtil Ication, e or Art) a any an
�plllb),dlf any PEds of than Federal arprgriated funds have been expFarnation to this app cation.
or Wal to any p rson to in encing or at M in? to
uencwl an eo 'er iorreem 71oeeo? an aP enc a Wge of
ml�oress, a,�� icer ee Co n re Va5 e pio e OT
a Ornber o ongress i co neCtion an
F�Iis Fe era' t or 3. DRUG-FREE WORKPLACE
cogperatip aaresmvt, the ,) y ir�ne (GRANTEES OTHER THAN INDIVIDUALS)
tjEe rs i @Bed shall c
X,,,rnit tan ar orm - T disclosure %TpLobbying' ' i
c vities, in accordance with its instructions, As req,,nrtd b -Fre Wrk�laceFAjt of 1988, and
7
eFj le e e�,ai� �7 or WW68,, as
u a
NMI at FrUctions nd
The Lg)dprsjneg s%ll require that the la ul Is cer-
fi �pe gt this
cation orn in I a award documents PIOR p su awards a Teeawlikaptc(eestites, that it will or will continue to provide a
tiers. r,n udin g rants, ontracts un d ar Rrantt1� aro &ug- re 0 r 5 a Y:
coci�eratrve
,pree ents, disclose su contricts�yen t a S U1
red ients sha cer-Ply and isclose accor ing
(a stat t notif
u I�l Pyb,hship a Ta n e I ees that the
awp ma ufut, j'1s`trZutj0,n0,I��s n,s em to gr
use o a contro a su stance is rohibite in th prantee s
wor,�place Tnd 5 Ei i� re
UN, AND U I HILK mcif iny the actigs that wi be tae against
emp oyees or vi atA o such prohibition;.
ition,
�nb?0rEstabhjhjp on-going drug-free awareness program to
As required b _)D71oarment and m ) % an
,� Executive CII5�rj imp)oy s about-
Sus ension, an imElemented Orl'6 , or royectg
cllpa,ry t67 l% coon transactions, as define at
0 Ion rg 7T11!" (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,
�,V.Avy available dj,u%C unseling, rehabilitation, and employee
(a) Are not presently debarred, suspended, proposed for debar.- is nce programs� n8
ment. declared ineligible, sentenced to a denial of Federal
benefits by a State or Federal court, or voluntarily excluded from The P
omalties that m b ep n employees for drug
covered transactions by any Federal department or agency, �&se v ions occurrinVin Thlenwpoosk lauff
jc) Ma�nR�rt a re%y went that each employee to be enmed in
�p) Have not with a th e-yea[ period preced�np Tis ap
eicVion heye o ance
n on rg r I a P�Tay I rant be given a copy of the s at ment
ee hj a civi Audg e t re a I st tem with
eq fired by paragr
0, of?r
commis ion rau Sr a cri ina�Togensne enec'on ection wit
I&
0 aining, attempting to o tain. or per arming a d N tf he employe in
'tr of �(tatemen ge
pyired b
pEl% t pt, as a con I ion o emp oyment U ie grant
�,J�ra ra A In ra
e e ,oyl wi -
OJP FORM 4061/6(3-91) REPLACES OJP FORMS 4061/2,4062/3 AND 4061/4 WHICH ARE OBSOLETE
U.S. DEPARTMENT OF JUSTICE
OFFICE OF JUSTICE PROGRAMS
OFFICE OF THE COMPTROLLER
CERTIFICATIONS LOBBYING; T, SUSPENSION
OTHER RESPONSIBILITY TTERS; 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. LORYINC u lit (Federal .State,.or local) tra action or ca tract under a
transaction, . violation o e lral ar tat nt rust
As �e�quir d b S8e t���a 135 T tie 31 of the U S Cade and t u es or. .commission of em e ement, he or er
mp e ien ed a 2FR Par 9, rsons e t nn into t
r%er falsification or djstructian o retards, ma ing alive
Fr ao e ative reement.over 1o0r( t 00, as de#Ine i at A F� stater tints, or receiving sto en properly,
art , t�e app I an certifies that.
Are not present) indictid for ar th rwise criminalv ar twill
(a) No Federal appropriate funds have been paid or will be paid, iar ed b a overs ntael ntit heueral, St te, or ibcal wit
by or on behalf of the undersigned, to any person for influencing �am j is c �fganty o tie affen I(enumeratec� in paragraph 1)
or attemptinq to influence an officer or employee of any agency, b) o this ce ifica ion, 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 not within at ree- ear period e tiding hi ap Is atio)
cooperative agreement, and extension, continuation, renewal, P�d .one r more pub�i Ir sati ns tic eral, tae, r oioca�)
amendment, or modification of any Federal grant or cooperative terminatedfar cause or efau� anc�
agreement;
B Where the ar plicarrLLt is.unable to a rtify to an f the
stat mints in this t rtittcation, he or sne shall atykac an
b) If any �[rpds other than F=ederal a proiated funds have.been explanation to this app cation.
&d or wi e ai to any person to in encin or at t�m tin to
nce an &�'Jer or em to ee an a en a Mer�ibe, o{
a V ress, aq� icer or em ee o on�reSgS, aryad e plogt of 3. DRUG-FREE WORKPLACE
a IVl�mber o on ress in to ne Mian th this Fe era r nt or
cogpe.rati�$a a re qrn t, the ersig�ed shall c0 p eYe and ( RANTEES OTHER THAN INDIVIDUALS)
Vguraarde orm U1scloSure o� Lobbying
ctivitoes, in accordance with its instructions, As required dd b e( pp a Fare W rk lane p t of 1988, and
de 1 nte28 a� Part �7a Se�ttio�s�F915 a c d cViV58s. as
The ndersi neq sh II require that the la i u e f thus cer-
ci{cation in Ided int e aw rd documents ogr �tgsu awards a# H I e ap li a t certities that it will or will continue to provide a
e tiers. rincludin se grants, contracts unda�er rant aT drug- ree wor pace by:
coo erative ree ents, nd subcontr cts) an that al� su -
reci lents sha�tcerti y and ctosclose accordingly.
(a P blishin a stat went Hoot In em toyees that the
ulaw uul maqufaGtoCe, istnbution, is nsin , P ssession, or
use or a c ntralleci. sustante is pro'hibiteGl in the grantee s
IUN,AND U g HER wort place and Specifying the act,q that will be take Y against
employees or vi atio o such pro ition,
(b Establi hip an on-going drug-tree awareness program to
As required b Executive (Jrd r 549. barment and in orm emp�oye s about-
Sus ension,.ancivim lemer d t 2 C Frt 6/, or ros ecti
Re ant . i pnmaay a�a v r" transactions, as define at
Bart 6s7,%cation 67 51� (1)The dangers of drugs abuse in the workplace:
AThe applicant certifies that it and its principals: (2) The grantee's policy of maintaining a drug-free workplace,
.
(a} Are not present)yy debarred, suspended, proposed far debar- �s)sisaynce proglramsugarcunselipg rehabilitation and es iployee
ment declared ineligible, sentenced to a denial of Federal
benefits by a State or Federal court, or voluntarily excluded from 4l The aloes that ma b impose�i u an employees for drug
covered transactions by any Federal department or agency, rause v o a�ions occurrin in The workp_lafe;
a) Makg it a re ittment that each employee to be en a ed in
�b} Nave not withp a th� e-yea[ period preceddng this�applia tion heyer�o nancerd h rant be given copy of the sfat mint
een convicted o r h Ia avi _udg e t ren e e a ai ', taped req fired by paragrap e(aJq;
o�r commis ion of trau r a cr ina ottense n con ettion w th
ataining, attempting to otatain. or pe orming a
nd Notif t�he employe in he statement eq sired b
r e ria y th t. as a condeition oft empoyment under trhe grant
OJP FORM 4061/6(3-91)REPLACES OJP FORMS 4061/2, 4062/3 AND 4061/4 WHICH ARE OBSOLETE,