HomeMy WebLinkAboutUS Department of Justice, Drug Enforcement Administration - Central Florida HIDTA - 2015 07 30 JS Depar U. S. Department of Justice
Drug Enforcement Administration
Orlando District Office
300 International Parkway, Suite 424
Heathrow, FL 32746
September 21, 2015
City Manager Kevin L. Smith
1126 East SR 434
Winter Springs, FL 32708
Dear City Manager Smith:
Enclosed is a copy of the fully executed FY 2016 1-IIDTA State and Local Task Force Agreement
and Tactical Diversion Task Force Agreement for your files.
Sincerely,
Jeffrey T. Walsh
Assistant Special Agent in Charge
Enclosure
GV-30-1 ra03 : 05 R CVD
STATE AND LOCAL HIDTA TASK FORCE AGREEMENT
"CENTRAL FLORIDA HIDTA"
This agreement is made this 1't day of October 2015, 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 I (RUS) federal employee, currently $ 17, 548.00, 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 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 C'ommittee 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 (ODOIITF), 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-ODOFITF 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 informants or sources
of information, and the critical nature of the assistance to the investigation.
ffective from the date in paragraph.number one until
19. The term of this agreement shall be e
September 30, 2016. This agreement may be 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;
s Date:
Adolphus P. Wright
Special Agent in Char e
Miami Field Division
For the Winter Springs Police Department:
Date:
Devin.Y, Brunelle
Chief
For the City of Winter Springs;
Date: ��2 _
Kevii Smith
City Manager
>t
°W U.S. DEPARTMENT OF JUSTICE
i FJ OFFICE OF JUSTICE PROGRAMS
.y �' OFFICE OF THE COMPTROLLER
CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION AND
OTHER RESPONSIBILITYMATTERS; 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 pu is (Federal .State,.)qr local) tra a do or c tract un er a
ull transaction; . vIo°latlon of ec�efa� orat n Itrust
As e uir d b4. e ���� 13 Tale 31 of the U.S. Ctode, an t'utes por commission off em eztz emen he ye
V.
Ro e tgiveal a Etme Part-o ehat0,06.,nas ee#ine�l ato2 FR statert��nts,or receving stolen property; records, ma ing als�e
�r)Are at present indicttld for or therwise criminal, or civil
rra) No Federal appropriate funds have been paid or will be paid, ar edr a ove n a ntit (Pe era) $t te, or cal wi
6y or on behalf of the undersigned, to any person for influencing omti��Ssia�i p an o tie of ens s enumerate( in paragraph 1)
or attemptin to influence an ricer or em loyee of any agency, �)o is ce i Ica on; and
a Member o) Congress, an officer or emplpoyee of Congress, or
m employee of a Member of Congress in connection with any Have not within a bl ya�argrriod ecjedin ffhi�a elic(atio
making of any Federal grant the entering into of any �d .on r more u i sa tI ns e eral9Sta Rale, r oca�
cooperative agreement, and extension, continuation, renewal, ermina e for cause or e au t; an
amendment, or modification of any Federal grant or cooperative
agreement;
B Where the a plicae�� is unable to c rt to an f the
stat me is in thlsp c rtifi.cation, he or s�ie shall an an
N.1 any.ff ds other than Federal a r riated funds have been expfana{ion to thus app cation.
Arc wil�ae id to
any mperson fof In fencing or at em�ginq t
ue an o eer or em 0 ee an a en a e e o
a luress aq nicer or ern) o ee of Core o arae ployae o
mber o on res i co ne tion th Is e era r n o U FR WORK L C�
co�; e.rato are�n 1 the �erss ed salt co p e� anc� CaRA�7�ES 6RR T�ANAINDIVIDUALS)
cfavitiesin aCcoerdance with itls�in�tructionsosure o oabyong
ims le eirddd a eCFDu Fre�7W �,place cforof 1988,saad
de ine al 28 Part Sections p .61 b' and �.�1e
t I he Undersigned sr� II require that the lap u qe pt this cer-
ti�coon Ci m (t7ded is t e avJ rd doc ments tdl 11 sutaawards at A I e ap Ii a t c rtities that It will or will continue to provide a
al�olle shal�ceertifeangstllose�coas�ct uan�edrtlla?af� su�a drug-free w�r�Cp�aceeby.
P Y gY
(a r b isnm a staIn eatt.notlt to employees tn.at the
seakp, Ce Cao lrop�le�ifVSnc7s�ie a t�on�r afn IT aker asessgaiinpst
IUN,ANu U I HtK employees for vo0latioh oT such prohI Itlon;
!S1t�Y �Cll:LFL'f]L_tVb(I,A b tstabla nIn an on-going drug-tree awareness program to
As re aired b Executive Or r 25 9, barment nd Vorm emp�oye�s about-
S�u ��enn n,ianilm �emeruterec�tt2ansRo 5 6a�l�e inesdpe
�FR �art47,��c�1on g7' 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;
(d1 A available dru c unselrng, renabllltation, and employee
(a) Are not present) debarred, suspended, proposed for debar- assls{Paynce programs;-and
ment declared ineligaible, sentenced to a denial of Federal
benefits by a State or-Federal court, or voluntarily excluded from 4, The alties that ma b im o es�ti u on employees for drug
covered transactions by any Federal department or agency; �a�use V ions occurringyinefhe w0rkptacpe;
b Have not w th' a thr e-year period reced n t Is apptic tion (c Mak n it a re r ment that each em to ee to be -s m i
�en convicted o r h e e ae cri�idrt�a o ensejnpc�nr�ect onnwei i req ed y paragr pp ga�rant be given a c�py of the s aa�men
r commis on of,Traus
e9taining, a��empting to oetam, or pe ormong a tton t
th� Nnotl�f i a�th�f, asm�codync ition of emplsoymenefnunc�erpt�ro�e granntt,
ra ra
e e p oy wi -
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
f he e,mployej, in i ing of his or her conviction for a
,�o t nil
0 yJi wr
la a criming �u gut occurrn ip the workplace no
a�erg vlal�er than ive calendar s after such con iction;
�ee) N fif . the a
in Lrs c n�a w �orr�
lendar days after
e
v, &wri i, P�t%
cejf��nXrn%fice I e su ra an emplo ee if there are workplace on file that are not identified
cr 0 isp reQe v�2 aPIa notic o uconviTti n. Check r here.
LnI nvic m loyjes Qst ffivi � t n
MOTT& , 6 1 ,g
2 c S�pfi?,n 67, 610 L on ce i i,
,�a oo in.tpc � erl i,1,qa
Me'the e identlfic�fioh t e rL
D 51 1 1 q ul' e f the ilation S ovides.that a gp�een.at il
�oiicd shall i In
n(c h
hurnberts)of each a actedea A nc'p�iny g,�o a wi degat apy
��) ;V is
grant; c L agencies�or y elect
e sales
an e encles
ma ee cNo use orm 4061/7.
91 TIM one. of the, followip actions, withi% 30 1 ict
)(5�,er
to eceivin notice un( r su Re wl Check
,Tgra (d if the State has elected to complete OJP Form
r e Vpse cl any employee who is so convi e . 4061/7,
2� aking ap ro n t o Inel ,action aftut such n
TC n n t 0 sis ent with C
reqUoUmeednlTorve e a i,allonle4nRoT)%b,cas amended, or PRAGN�V EE 09%Y1%I V I ID U A L S)
Requirin,�such emFIqy,%e ip a du As reNrrd bW4Dru Fre W k lace of 1988, and
,,.Iotpartici pate satisfact I
se as an c a e tees, as
ou oov'e or suc 1 W t7
ET 'TUarNaa0h rc en orcemen , rt UNTgand �.Ky
u tRsesp�ra Ketd' a 1e r e M aTE �ecfiorisf
r er a opria e agE§ncy', '
A As,a ToIndition of the gr I rrfify that I will not engape in
t un , I 1� 0
-free lie avy u manuRZure, isthbu ion, dilsgnsinnqaoc?e,
(g) Making a good faith effort to continue to maintain a drug I 1v tly wqih
use OT a �oniro e substance in con i ion
workplace through implementation of paragraphs (a), (b), (c), (d), Ke grant; and
(e), and (0.
The rantp B. If convinced of a criminal drug offense resulting from a
n mai, inseq in tl�e ipace, rovidedc�,elow t -t of any rant activity, I will
the r 0 R with
tie
violation occurrin
r1r orm nce o work one connection e ?,during the conduc
�sdecll)flc gra report the convic ion, in writing, within 10 calendar days of the
conviction, to: D ient of Justice, Office of Justice Prrograms,
Plac of Performance (Street address, city, country, state, zip ATTN: Control e&,e's'k'633 Indiana Avenue, N.W., Washington,
cod-4 DL� 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 IRSNendor Number
4. Typed Name and Title of Authorized Representative
Kevin P. Brunelle, Chief
5. Signatur 6. Date
7- of
U.S. DEPARTMENT OF JUSTICE
. 1 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,�jj�c (Federal .State,. r local) tea a do or c tr ct und�er
transaction;. vio�ation ofecice�a� or a gntitrus�As e uir d b e ���� 13 T'tle 31 of the U:S. Ctode, aan� ues {o comrnissiond f em e ement he or er ,
�ra efetpl a p�f rat eRtaorifie�9at�� � $nase�e�ne i�ato2 FR s{ erriyents�orretceiving stoeienrpropert records, ma'ing �alsYe
(c)Are riot present) indi t d for or th rwise criminal or civil)
((a} No Federal appropriate funds have been paid or will be paid, Char ed 10 a over�i ncfael ntit (�ec�eral SSt to or lual wi K
6y or on behalf of the undersigned, to any person for influencingo)mtio sioi dtfan ot�ie ofens�s enumerated in paragra�h �1)
or attempting to influence an officer or employee of any agency, o tRns ce ifica on; and
a Member of Congress, an officer or employee of Congress, or
m employee of a Member of Congress in connection with the �d Have not within�a ttjrdej-year grriod ecjedin thij a plic(atio�
making ive any Federal grant fhe entering into of any d .on r more u r sa ti ns pte eralg to e,por oca
cooperative agreement, ,an extension, continuation, renewal, ermrna e for cans or e au t; an tr }
amendment, or modification of any Federal grant or cooperative
agreement;
B. Where the a plic tis.unable to c rtify to an f the
stat me is m thisp c Nication, he or s ie shall a ac� an
b.ff any,ff ds othher than Federal a pr riated fund have.bee°n� expFana{ion to this application.
+d or ew an el to aeb p01,see ?Cen aencin ora Fle �e� of
uence an o cer are p a ee an a en a e e o
ress air icer or em oee o Conre o ar�e ya R G �{EE WpRKpL �E
a amber o on res i co ne tion th e e era �r n o� ARAN E S t7THER THAPJ AIVIDUALS
co me.ratr a�reea V e ttr�c�erse�ad shall comp e a an )
u tt fan ar 0 isclosure o o hying
c rvities, in accordance with its instructions; As re uir d b e pD u$Frr�e W rk lace t of 1988, and
tle�ine�e e a s 6�Sections� 61 0d �ut2a�s, as
( I he ndersr ned sh II require that the Iapquape of this cer-
ci c tion b in Ir7ded int e avJ rd doc ments tc3T II subawards a A I e ap li a t c rtities that of will or will continue to provide a
c�aarerativ nc�ure�e,�ersi gr ants uaon contads uan�ar tf,,rr el� s w drug->lree wor p�aceeby.
reci�oents sha��certify and disclose accoramg�y.
(a N bJisnrn a stat meet notrt to emlo ees that the
seakkpltulaemco rnd ro�(e ifSn�rs ie acts spr hatnewill be fake against
ees
& p(( NJ �1)�q[�(�It1N,ANu U I titK woremployees�or vi�atio�i oysuch proeiibrtron;
3 BCH rC b tstabir hrn an on-going drug-tree awareness program to
As required b Executive Or r 5 9, barment nd Itn�orm empls0ye�s about-
Sau ��n n n,ian ilmpap�emeruterec�ttransac ons 6 gr pro a o
�FR artt ScIion �7�1f (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- (a3slsis{aynce programs; o�unselmg, rehabilitation, and employee
benefits by arState or-Felderal court eor voluntarilyeexcluded from) 4t d
covered transactions by any Federal department or agency; (a usev raga loris occurnmg beftie woskplaae;n employees for drug
b Have nott wth" a thr e- ea eriod raced n t rs a lic tion (c Mak n it a re r ment th t each employee to be en ed i
en convicted o r h d a yoi crirri�rtga o e se�in�c�nr�epf on wei i regt�Iredobay paragr p (a rant e geven ac py of the saaaamen
our commis on of rrau�
taining, a��empting to o�itain, or pe ormrng a tthh
the a, r1a�th ef, as�co edition oftempisoymenef unc{erpt�iegrabt'
ra ra
ee poy w -
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 in wr h
1� �otify he employej i
�i m of is,or her coworkplacer a
Irla ion I a crimin I ut occurnny, IP the no
a er than live calen after such conic ion;
�e�Notifina the a c n alenclar days after
e le Cfr an em. lo there are workplace on file that are not identified
i,%wri pw
e eiyin tic v, iu ra p�!%g)�� 0 ee F
r oth wis re ce a�fua notic 0 , �u R convi 1'�'t IL
v r ( es gst�rovid8 poti( 0 n. Check ere.
n
Rmptoprp rc n'vic e a m oy in
Itp I
ppsE 11 s I c ffl�:e M
royram� I 'des.that a gp�ee to.at iq
in a S ctj?,n 67, 610 ?f the r ulationsrff
, ovl
a Jentltic;kiod a�ta e m e ep �o. n ce i igo� in,tpc � erJJ T1 cal
9(l 2 Notice she inc u e t 4v ei TaM 0 h E
numPe1nr?sT)of each a ec ed grant; ;Vi, 7 , ' ' apylicalion
c
g
Ura b e Apa C aleswand'Ete encies
may eleclo use o mn 406117.
9 TaPq one, of the foil w actions, withi% 30 lend
I )to eceivinol.notice 'un'ggr s vig? ) (d ewl
r e pec cl any ern yee who is so con e?pp Check r- if the State has elected to complete OJP Form
4061/7,
Taking ropri to Tso nel .action a atgt such Rn
ar I q Ris ent with t e P&UQ-�RFE WOR
as amended- or AN LASIV DUALS)
reqUoNmeedrivio'N 76 q1q1a1qFbne9cnt1no?t0�3co WHOVR I
&Requiring such emplov,%e
,,.Jotpartic�ate satisfactorily d As re uirrd ,.,WFreg W k FA
Rt r' ',7ri g�,ggitees, as
C c 'Po ia slur UY (5 0
use aststan�e aoo a b�C Dr, �t of 1988, and
tRses , r arl1h, fa Dove , Fe Fi 1 aT ; �ecti stffflar�d
LIT a ed fft'e' Ma?Wea M
Er er appropriate agency;
A. Asa Toindition of the gTnt, I qertify that I will not enciag in
(g) Making a good faith effort to continue to maintain a drug-free the unla ,u manuf�T I
, �ure f- fribu ion,cd is rising, possg.
workplace through implementation of paragraphs (a), (b), (c), (d), ffeuge grant; a pritro e substance in onNion y activIN woRh
(e), and (f). ra ; an
The rantp
n ma
u insert in tie Done in Oelow the t�te B. If convinced of a criminal drug offense resulting from a
w�the orm nce o work in connection e violation occurring during the conduct of any rant activity, I will
C1,11f,C gra r Re report the conviction, in writing, within 10 calendar days of the
conviction, to: Department of Justice, Office of Justice Programs,
PI of Performance (Street address, city, country, state, zip ATTN:05C31ontrol Desk, 633 Indiana Avenue, N,W., Washington,
C 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 IRS/Vendor Number
4. Typed Name and Title of Authorized Representative
Kevin L. Smith, City Manager
5. Signature 6. Date
07-33-15 P03 : 03 Rf-'VD
TACTICAL DIVERSION TASK FORCE AGREEMENT
This agreement is made this 1st day of October, 2015, 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.
WEEREAS 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 $ 17,548,00), 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 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, 2016. 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:
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: 7h,-/r
Ke,,X L. Smit
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 J�ul"L
(Federal .State,.ar local) tra a do or contract under
�,, transaction . violation of ederal or at ntitrusAs e uir d b e Wt���� 13� Ttle 31 of the U..S. C{{ode, aaannnd� us ffor commissiond c�f em e2 emer he oryer
imp�art�rQ�etrh epplfora tmR�tfle5 9at��C)p6d(ynas aee#ne i�ato2��FR s{aterriyibnts, rreceiving stolen property; recor s, ma ing alsY+3
(�)Are riot present) indi t d for or th rwise criminal or civil)
�a) No Federal appropriate funds have been paid or will be paid, Char ecl p a over�i ncfal ntit ( er�eral sst te, or T ical wi
y or on behalf of the undersigned, to any person for influencing om $to�i fan o tie ofteens s enumerafeca m paragra�h �1)
or attemptinct to influence an officer or employee of any agency, �)o �biis ce8ificat�on; and
a Member o�Congress, an officer or employee of Congress, or
an employee of a Member of Congress in connection with the d Have not within a tthhre ear period e edin tthi a li atio
making of any Federal grant fhe entering tioninto re any �d .on?�r more oubli�C raar�sat?ns eneral,gSta�e,p ro(ocarj
cooperative agreement, an extension, continuation, renewal, ermma e for caus or e au t; an
amendment, or modification of any Federal grant or cooperative
agreement;
B. Where the a plicas�� is,unable to c rtify to an f the
stat me is in thisp c rtifi.cation, he or s�ie shall attach an
�NX If any.ff rids other than Federal a pr riated fund have,be n exp�anarion to this application.
dd or willne id to annppe�rson fQ in �iencino or a, u9nq 0
uence an o cer or e P� o me t a�n��� a en a e eP o L �E
a lumber or�oneres ein cone tionoaJitrhe s hUra ryanl ���I EF F � K�'ANAINQIVIDUALS
co e.ratix a ream nI the i��c�ersig�ed shall corfnp e o an g )
u )nit efan ar ofm isclosure o o b m
c ivitses, in accordance with its instructions; As re uir d b� eC pD u Frrte W rk lace t of 1988, and
n deine�ate aC Part Sectlan9s 61 rid g��t56s, as
c teas c�I he 'ddne s t g a�n sdedon acts fdr �suoantasd�ea tlrug-lree worwprt ceby: p
c a s n A l e a li a t c rtltles that It will or WIII continue to provide a
Coo erativ apreeMents nd §ubcontrac s� an that aIi sub-
recipients sha certify y antlisclose according y.
(a I-' b ishm a stat went notfion,it in em to ees tn,3t the
usedworkk Or corolrs�le f sn 'sj�ncue t� Rr�i i Bill be as�Cer�asessigaee s
IiJN,ANU U f HCK employeesaor vu�atio�i o�such pro�iI-ition;
b tstabn riin an on-going drug-tree awareness program to
As re aired b Executive Or r 1 5 9, barment rid �ni+orm emp�oye�s about-
Executive peen n n,ian immaplemen�ere ttransactions 6a�loe ine�a 11��
�FR ) art 7,�nc�1on g7W1Y (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�sl Afl� avprograms garc$unseung, rehabilitation, and employee
y sist rice
ment declared ihelic�able, sentenced to a denial of Federal
benefits by a State or-I eYera)court, or voluntarily excluded fro y i The malties that ma_y b imrskepc� ucpon employees for drug
covered transactions b an Federal department ora agency; use v o a sons occurnn in e or a e,
6b Have not w th a thr e-yea period reced n tis applic tion (c MaKn it a re sment that each employee to be en ed i
f decommiactodn orf?raho�a ai cr�ijn iiia oWt ren�ense mnc�nr�e t st ei i regi�iredobay paragr ph e(ay;rant be even acof the s alemenl
obtaining, a tempting to obtain, or pe orming a
(d Nolt�vi tt�� emaoc n� in he p tytemint egt reg hty
�ra ra fi t 1, as c n ition o em o men un er e ran ,
e e p oy wI -
OJP FORM 406116(3-91)REPLACES OJP FORMS 4061/2,4062/3 AND 4061/4 WHICH ARE OBSOLETE.
U.S. DEPARTMENT OF JUSTICE
'4 OFFICE OF JUSTICE PROGRAMS
OFFICE OF THE COMPTROLLER
CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION AND
OTHER RESPONSIBILITY MATTERS; AND DRUG-FREE WORKPLACE REQ IR ENTS
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 Ilc (Federal .State,.c�r local) ya a�tig or c trpct under
to i
transaction;. vlo anon oe era ora an itrus
As e uir d b ��e tt����nn 13 Tale 31 of the U.S. Code, an �u es for commissiond of eon m ez ernentd heiefk over
improv'en etd 28 > R Pa e9'$��Up �sBnas�ee#rne%,a o2 s ater>Yi�nts,o�receiving stoleri p operty°; records, ma ing alsyc
�ar bit.tie appa1ant cerRt over that.
Are not 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 p a over�i ncfal ntet (�eceferal, t te, or Tical
b �i f e o ens s enumeraSC in paragra h 1
y or on behalf of the undersigned, to any person for influencing �o)mt t�hssoo v ay o t�i fip e t d }
or attempting to influence an officer or employee of any agency, o is 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 d Have not within a tthhre ear eriod e ding hi ap li atio
making of any Federal grant the entering into of any �Jd .one or more nubli�Cr�ar�sa�tons ederal, ta e, rc(oca�}
cooperative agreement, and extension, continuation, renewal, ermina e for caus or e au t; an
amendment, or modification of any Federal grant or cooperative
agreement;
B Where the a plica���� is unaple to c rtify to an f the
stat me is in this c Iarfcation, he or S e shall Attac� an
N, f any. ds of er than Federal a pr riated fund have.be n expnana�ion to thus appnication.
(bi or we une i to an p rson fopina encin or ast�m tin
I f�uence �anb o cer or eMnpto ee >r a3n t a en. , a tOer�ibe? o�
a� ress ar �fficer or empioee o�Conre oar e ployae o p�UG_FRE WORKpALgCE IVIDUALS}
1`04 o on res i co ne tion th is e era r n o $ A TEES fJ hIER TH PJ M11D
co erati 66 a ren �he ersi td salt co p e� anc� GR
u �r tttant�ard Form . - ��� �Isclosure or onbying
c ivities, m accordance with its ms`tructions; As re uir dddb eC p u Frr�e W rk lace t of 19 8, and
deFine�ea�ne28 a Part Se)ctIonns�6 61 nd � t58s, as
II he ndtrsi req sh II re uire that the is u e t this cer-
i c tiontb m I deg in tS�e av� rd doc ments) dgr ��sunawards at A, I e ap li a t c rtities that it will or will continue to provide a
n�� _rnts Qh I ce e andgsistllosenac oanG gly an tftga af� su�a drug-tree w�r�Cp�aceeby:
re Y (a N bJisnin a stat ment notitY.tn em to ees that the
urilawl mat� fa�tu�e, os nbutt7is nisi ssessior�, or
useofa co roe . sus nce Is r i i e in h
,an ee
��}}�+ '� TUN,ANu U i titK emplPlaceoyeeiorov t�at10 oy such pro�ii�t on; wi be a�Ce agams
009 ENT)
b tstablo rnn an on going drug-tree awareness program to
d 4 p �n?orm em po e�s about-
Su required lemented tr2e8rC�E 8Prrtt, fbapros e i p Y
� c�aadn's71%RA oar�7c?� re transactions, a� �e fine a (1)The dangers of drugs abuse in the workplace;
b (2)The grantee's policy of maintaining a drug-free workplace;
A. The applicant certifies that it and its principals: 3 A available dru c unseeing, rehabilitation, and employee
tas�sistaynce programs-gancp
(a) Are not presentlyy debarred, suspended, proposed for debar-
ment declared ineligq�ible, sentenced to a denial of Federal
benefits by a State orgVeyeralyourt, or voluntarily excluded gfro Y LL The gr}alties that may b im oskepj u4pon employees for drug
covered transactions b an Federal department ora agency; use v o a ions occurring in he or a e,
((c Mak n it a re r ment th t each em to ee to be en ed Al6b Have not w�thn a thr e-yea period reced'n tis applic tion th� errolanance� {{�i range given a�c�py of the s�a men
f en convio e o r h� a avir.�d e t renolei�e�ahgairlst ie req�ired by paragrapYte(ay;
r commis on of. ra pr a cn i o tree in con ecteon wi
ofarnArg,_aemptmg: o outain,ar_pe ormtng a d Notifvi th em toe —in the tatem nt- eq fired b
, r tnet, as�cc�nc�ition of emplsoymenef under t�re grant
OJP FORM 4061/6(3-91)REPLACES OJP FORMS 4061/2,4062/3 AND 4061/4 WHICH ARE OBSOLETE.