HomeMy WebLinkAboutUS Department of Justice, Drug Enforcement Administration - Tactical Diversion Task Force Agreement - 2014 07 22 RECEIVED JUL 2 2 2014
TACTICAL DIVERSION TASK FORCE AGREEMENT
This agreement is made this 1st day of October, 2014, 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 control led 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 pal-ties 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 tile 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 $ 17,374.25), per officer. Note: Task
Force Officer's overtime "Shall not include any costs for henefits, 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
Z71
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 then-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 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 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 of DEA, equitable sharing distributions with non-Tactical Diversion Squad Task Force
agencies may also be based on the number of'work hours expended by the non-Tactical Diversion Squad
Task Force in the investigation.
14. The term of this agreement shall be effective from the date in paragraph number one until September
30, 2015. This agreement may be terminated by either party on thirty days' advance written notice.
Billing for all outstanding obligations must be received by DFA 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 Enforce nt Administration:
For
me Drug
Enforce
n
Date:
Special
ark R. Trouvi e
in ge
-nt Ch
Special Agent in Ch ge
MiamiI
iami Field Division
For the S Winter rings Police Depai ent:
Minter
S
Date:
Kevin I . Brunelle
Chief
For the City of Winter Springs:
Date:
—: ith
Kevi - SSmmith
City Manager
U.S. DEPARTMENT OF JUSTICE
OFFICE OF JUSTICE PROGRAMS
OFFICE OF THE COMPTROLLER
CERTIFICATIONS GA DING LOBBYING; DEBARMENT, SUSPENSION AND
OTHER RESPONSIBILITY ATTE S, 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 Ic (Federal .State,,,
),rtacal) a ado or c tr ct und�er
to i transaction; . viation of �eeueraln or gta ntitrus�
As e uir d b e 13 Tale 31 of the U..S. Ctode, an u es or commission of em ey emen�, he . or er ,
�apr6p9�f e app tmertifie chat� ���nas ae ine i�ato2 s�aterr tints,or receivi g stolen prtcpedy recor s, ma'in
alsye
( 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, Car ed g a fgover�ipn nofal ffntit (�ederal �St�te or �Ual wi
6y or on behalf of the undersigned, to any person for influencing omfii $io ago the o ens s enumera e in parag% �1)
or attemptingto influence an officer or employee of any agency, �)o tris 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 an Federal grant fhe enteringinto of an d Nave not within a thfee- ear period e edin tthi a li atio
cooperative agreement, and exfension, continuation, renewal, dd .on r more ubh ttrra sa,l ns eoderal gSta e,pnr vocal)
amendment, or modification of any Federal grant or cooperative ermma ec�for cause or default;a-i
agreement,
B. Where the a plica�� is.unable to c rtify to an f the
stat me is m thisp c rtifi.cation, he or she shall atYacr an
Ib.If an ff ds ofhher than Federal a r riated funds have.be n exp�ana�ion to this application.
o ld
Arc willae id to anympelrsor faf%Xiencin�or ast�em� nr eto
e an o cer ore o ee an a en a e e o
ress ar icer or
ern o�Conre oar e ployae o
a Ugmbe'r o on res m co ne teon th s a era r n o 3 DRUG-FREE WORKPLACE
co pe.rati are n he ersi ed sail co p e� a 0 (GRANTEES OTHER THAN INDIVIDUALS)
u�mtt ,%nagareN or . ��� disclosure of oebbying
Activities, in accordance with its in§tructions, As reuir ddd b e u -Frre W rk lace t of 1988, and
denejea�se28 a Pa rt �Sctions�61ad �. ts, as
The undersigns s II require that the la�rquape of this cer-
c tion b�� en 10de in e aW rd doc memsllt6Y IPsubawards al A The ap li a t c rtifies that it will or will continue to provide a
ecoig encs)shall certify itnsdcludir ggccl suEc ran s, ntr i sty ann tfias atl suba drug-free wor�p�aceeby:
(a) P blishin a stat ment notif in em to ees that the
urtlaw I ma Lf to e, is nL on, s n i ssessio or
use �a a conn rol(ec sins once Is r ri e 'in hke nran,ee
ION,AND OTHER wor4�place yees s�ecif�in� e acoMM a wi be a e agains
emp ogees or vi atio o such pro i ition;
�b� Establilhin� an on-going drug-free awareness program to
Su engsu�rnd,a bclvim lemenfed Ordgr jF 12 1,6?efoarmente �nd norm emp oy s about
WCpe an i rmapr e v recn t2ransactJtions, a§ Sre inedpap g
FR art b�7,nS�c�ion�7.? (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,
1
(a) Are not presently debarred, suspended, proposed for debar- (a3s)sisGnce programsugan�unseling, rehabilitation, and employee
ment declared ineligible, sentenced to a denial of Federal
benefits by a State or Federal court, or voluntarily excluded from The alties that ma b irnpo e u on employees for drug
covered transactions by any Federal department or agency, s�use v'oCa�ions occurnngyin The woskpiduR
c Mak n it a re r ment t at each employee to e ena ed i
�b Have nott w th a thr e-yea period preced n t is ap lic tion h errotrnance tt� rank be given copy of bhe sta men
e)en convictecr of r h c�a civic,ud�r a t rendefeTa air�st tie regLpired by paragraphe(a�; t t o
19taming, on ofraue r a cnrns ofense in connection wirt�i
o�tammg, a�emptmg to oetaen, or pearmmg a d Notif i tthe em toe n he tatem nt eq red b
�rac ra�r i �a�th t, as�coyncleition oftempisoyrn un crer t�e grand
e poy w,-
OJP FORM 4061/6(3-91)REPLACES OJP FORMS 4061/2,406213 AND 4061/4 WHICH ARE OBSOLETE.
(1)Abide by the terms of the statement; and
r1l'i 1�pt10i a e cempnlo W, in wri nt occsror bathe
woc4
,ace no1�E than r such conic ion;
�e) Notif in thea in� with rorr�lendar days after
I ice
ageT p, i1writ ,
e i n ice u �V§ I erRwisf reQe In i a�uraaf t.acnoeniviplolt,,ne Check there are workplace on file that are not identified
ere.
r c t
girripto nvic Flo estqs rove '�'t; n
I c
,InR
0s1t1o)Tr?1tPE e ro M s 1 1 c M,0, C S(gifi?'n 67, 6�O yf the r��gulationsp nee that g ra m! n 19
fov1des.that a
E 51 , 2 Notice shDl i cq ul'aTea t 4 idenfific4fioh a a e mat e ef �o.Ta, APE
Me on cer i igoj in � ep ijca
numPe1nr?sT)of each a acted grant; yeal:, A s o I e inc W1 egart apylica Ion
a es and e g enc es
Tor De 91
may el o useoDFormVIT�-.
0
g�
Talon 4 one. of the, followiRp actitns, withi% 30 lend ig
ecervinpte -a?.gra p (d)(��, W1
soto any em� notice un, r su loyee who is so convi Check if the State has elected to complete OJP Form
respect
4061/7.
Taking a t nel action agaigt such u
�Ioprro)nfq
I yr e r 0 stent tie DRUG-FREE WOgKPLACE
��o r
r�meed consamen
req n rVna�q1aMeZRnoTt*3, as n ed, or (GRA N ARE INDIVIDUALS)
�J)uRequjring such em�l Jotrarticipate satisfacto 'I d As Ire uinrrl 1�eftu��F[T k laceFA t of 1988 and
a ru ' k�
a c R ip de�,n e r a 2te6s, as
e�e
se as�stan�e o (IY IS,1 97W
T I orrIoParNeTamIthaWwroveen orcoernsectH 'Ie 'e at _ T9
Eu tRses ate, o t ; gectio3W
r er ap�roapriae�eEag�n Y;
Asa gondition of the gTnt I %tify that I will not enqaqe in
un I I
(g) Making a good faith effort to continue to maintain a drug-free
A.
aYTU1 manufgture, ist6bu ion, di rising�OS?O.Ulo
�I
o a pntro ed substance in consgi?, ac rvi y with
workplace through implementation of paragraphs (a), (b), (c), (d), se nt. I i ion n Rh
(e),and(f). Keugra I an
r%The rante?( mai, inset in the io B. If convinced of a criminal drug offense resulting from a
NM r pace,provided O.elow f�e tie
if t e er orm nce o wo one in connection wi e violation occurring during the conduct of any grant activity, I will
ci ic gra report the conviction, in writing, within 10 calendar d s of the
conviction, Department of Justice, Office of Justice Programs,
PI of Performance (Street address, city, country, state, zip ATTN: C ntrol Desk, 633 Indiana Avenue, N.W., Washington,
c Mel 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:
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,,,/endor Number
4. Typed Name and Title of Authorized Representative
Kevin P. Brunelle, Chief
5. Signature 6. Date
U.S. DEPARTMENT OF JUSTICE
fp OFFICE OF JUSTICE PROGRAMS
t OFFICE OF THE COMPTROLLER
CERTIFICATIONS A DING LOBBYING; DEBARMENT, U I AND
OTHER RESPONSIBILITY MATTERS; A -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 procure rnent) 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 ou lic (Federal State,.or local) ra action or c tact under lis transaction; violation o e eral or ° to ntitrus
As e uir d b e ttll��nn 135z� Tale 31 of the U..S. Cttode, an �,u es ffon commission d of em eztz emendt, hea oryer
�ap�Gp en e t o appl a ��e tifieS�9at�Up�Os( nas�e,rin,% at°2 s{ager rata,or receiving stolen property recur s, ma ing alsYe
�)Are not presentl indi t d for or th rwise criminal or,civill
(a) No Federal appropriate funds have been paid or will be paid, char ed t a over�i n°fal ntet (�e�eral t te, or al wi �i
by or on behalf of the undersigned, to any person for influencing �o)mP n sion�Pgay o�t�ie of�ensts enumerafec8 on parag% t1)
or attempting to influence an officer or em loyee of any agency, o this ce ifica on; and
a Member o�Congress, an officer or emplpoyee of Congress, or
an employee of a Member of Conqqress in connection with the }
making ,of any Federal grant rhe entering into of any d�dHone notm°then a ct�reettr-ryaesa�tern°d e°detlal,g5taje pgrli car
cooperative agreement, .and extension, continuation, renewal, ermina ec�for cause or�defautt, anc�
amendment, or modification of any Federal grant or cooperative
agreement;
B. Where the a plicaT, is.unable to c rtify to an f the
stat me is in thin c rtirti.cation, he or sfie shall Httac°h an
b If an ds of er than Federal a r riated fund have been expfana�ion to this app cation.
� d ar wif e i to an rson fo m enan or a tem tm to
tuence I�n� o�cer or en p�o ee [area en7 alMer� V of
a lress at officer or em _" ee 0l', re , o�aro e playae of DRUG-FREE WQRKPLACE
vt mbeh o on res i co ne tion th is Fe era r n or KK
co e.rati e are to l the erss ed s�all co p e� and GRANTEES OTHE THAN INDIVIDUALS)
uQ,mtt �efanagar� Fo4rn . - �t� disclosure otl o9bysng
activities, in accordance with its in§tructions, As re uireddd b e pD u Free W rk large t of 1988, and
Fe Fn atte28 a �artt V Se�ctionns 6.615' lod � t �s, as
f The undersigned sh II require that the I nq e of this cer-
n coon b m It7ded int�,e aW rd doc menu toY I(subawards a A. Thea li a t c rtifies that it will or will continue to provide a
�g�rativncFuree,�ensgrnndssu°b°contacos)uandertflganei� sut3 drug-treerp�aceeby:
rea�ients shaNcermy and isclose according y.
(a P b ishin a stat meet notif in em to ees that the
u�law ma fa to e, s nbution, �is n in ssessio r
use o a con roe . sus nce Is r i i e. n h
rantee
ION,AND OTHER wor place nd sp�e f i i� actson i� be IR againsf
hI �,�)m employees or vsolatso�i o�such pronipition;
�fipfg
�"' b Establi hip an on-going drug-free awareness program to
As required b Executive Ord r 11 549, barment nd �n�orm emplsoye s about-
Sau �c nantn,iandvilmapremc implement F P 67,#de ineyaT g
FR Dart 67, scion�7.5�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;
(a3s} iA available druga counseling, rehabilitation, and employee
(a) Are not presentlyy, debarred, suspended, proposed for debar- sis nce programs; n
benefitsy declared ateeoffederal sentenced to
voluntardeexcluded from
y y y (a The malties that ma_y bef imposlepc�au employees for drug
covered transactions b an Federal department oragency, use v o a ions occurrincJ in he wor a e,
((c MMn it a re it ment t at each em to ee to be en ed i
b Have not wth a thr e-yea period raced n tis ap lic tion th eroPinance�t t�i rant be given a�c�py of the stpal�ment
den convicted o,' r had a civic. d� et rendelgeTa�ai�tstie requred by paragraph(a�;
o9r commis on of.Trau r a cn i o ense in con action webi
taining, a��empting to o�tain, or pe orming a d Notif tthe em toe n the tatem nt eq fired b
regiprp�i �tNh�t, as ucoync�tion of emplsoymenl under t�e grant
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
(,? n inofof his or her conviction for a
vi la
Notify lihe employey in w
ion a cumin st J occurrin�, ip the workplace no
u
I a ca e s I
a e ive n 10 such con ic ion.
f . tl
e NQtir in the a eTc 1,w with c lendar days after
(�, i,%wri in( p j)�� p
e ci) I i n n ce ro M an e I Lee Check f there are workplace on file that are not identified
I N i
oYh wisp rete v'in(" r' Mp'to kere.
r �, a�fuaP notic o .�uch coovi, n,
c
9m 0 vi compoy es tm st rovid6fpoti,e6fi an
litla"Ttil c
Sill
In 1,1,, - ,e gpndee lt�at il
a
Vram�, �l Taul S�ifi?,n 67, 610,Tf the rpulations ovtdes.that a
' 1 1 Notice shad
i on ce.i i�a o� in . ijca
a in 53 h no e,[T`iTentitic�fioh r6i h E I I
r?st n
Vc � erl
numPe of each ected grant; Q I deggrt apylica(on
o-r-D e,- ar-6nt 06byiCE g
f may R�Bgl, ales an e encies
e �
0
ma c o use orm
9 Tak�in e of the, folio acfi�ns, with 30 lend.
1 s Mcneivinp notice 4wnlVr su r A (d)(�T, wl
Mpeci to any ern loyee who is so convjE?e?g 8p Check I— if the State has elected to complete OJP Form
4061/T
Taking a roynate rsolnel action galn�,t such tRe
r
Lu r� Iq rm co sisent with
P E a2tPone4citlo?4a s amended- or DRUG
.. ' '07WIVDIVI DUALS)
iqre%0rAeedne!Y9 1 31 (GRANTEES0
Requiring such em?,Ily,%e 1, re und b��h
,,,Iotpart.ipate satisfacto 'I mora dru As C u -Fre r ace it o 1 an
or suc
Se asistan�e aller,'or'�oEa?We'amltha�Erwoven orcemen rt 7 g nte 's, as
c
use d NO r a ec lo s 6 and
tR,es pb�r a
r er a opriaete agency;
A Asa qondition of the gTnt I 5ertify that I will not enqaqe in
(g) Making a good faith effort to continue to maintain a drug-free He un aYTUI ma I
0 ny ru%c�r e isti'ibu ion, di nsl6ypaocs?e�y5lo
0 substance in consgi?, Iv
se o a i ion w5h
workplace through implementation of paragraphs(a), (b), (c), (d), Keugrant; an
(e), and(f).
The rantp
n mu, inseq in tie mce,provided below t B. If convinced of a criminal drug offense resulting from a
t�Ie r with tie violation occurring during the conduct of any grant activity, I will
$e cf(,If,c gram: orm nce o work one in connection e report the conviction, in writing, within 10 calendar days of the
conviction, to: Department of Justice, Office of Justice Programs,
Pla of Performance (Street address, city, country, state, zip ATTN: Co0531.ntrol Desk, 633 Indiana Avenue, N.W., Washington,
cocpi
1 D�C. 2
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 IRSNendor Number
4. Typed Narne and Title of Authorized Representative
Kevin L. Smith, City Manager
5. Signature 6. Date