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HomeMy WebLinkAboutUS Department of Justice, Drug Enforcement Administration - Central Florida HIDTA - 2014 07 22 RECEIVED JUL 2 2 2014 STATE AND LOCAL HIDTA TASK FORCE AGREEMENT "CENTRAL FLORIDA HIDTA" This agreement is made this I"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 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 clue 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, Lip to a sum equivalent to 25 percent of the salary of a GS-12, Step I (RUS) federal employee, currently $ 17, 374.25, 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 aectirate 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 ON Form 4061/6, Certification Regarding Lobbying; Debarment, suspension and Other Responsibility Matters; and drug-Free Workplace Requirements. The WSPD acknowledges that this agreement will not take effect and no federal funds will be awarded 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. I'). 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 persorriiel, 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 informants 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, 2015. 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. IIIDTA will be responsible only for obligations incurred by WSPD during the term of this agreement. For the Drug Enforcement Administration: Date: ark R. Trouvill v Special c pecial Agent in Charge I Field Miami Field Division For the Winter Springs Police Depa ent: �O Date: Kevin P. Brunelle Chief For the City of Winter Springs: Date: 7 1,6 Kevivl�. Smith City Manager U.S. DEPARTMENT OF JUSTICE A� _ r; OFFICE OF JUSTICE PROGRAMS OFFICE OF THE COMPTROLLER CERTIFICATIONS REGARDING LOBBYING; DEBA4 ME T, 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 (Nonprocurement) and Government-wide Requirements for Drug-Free Workplace (Grants)."The certifications shall be treated as a rnaterial 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 NVIQc (Federal ,State,.or local) tra a tion or c tract un er transaction;, vrolatron of �edce�al or tat n itrus As e air d b sse t�n 13 T tle 31 of the U.S. Code, an u es or commission of em ezfz ementt, hetefk oryer .mp�err�en d a�28 8FR Pa9, 1` rs ns e t nn into a� e fa sification.or d structeon o recor s, ma ing alsye �arct e live ant centfes trhat� ,96,, as �e#ir at 2 FR s{ Men s, or receiving stolen property, (�CC�))Are of present) indi t d for or th rwise criminal) or civil) (a) No Federal appropriate funds have been paid or will be paid, Ar edYy a over�i nc4al ntit (�ec(eral, St te, or Kcal wi�r by or on behalf of the undersigned, to any person for influencing omrii Sion of an of tie afteens�s enumerate in m paragra� �1) or attemptin to influence an officer or employee of any agency, �)o thsis ce ifica on; and a Member o� Congress, an officer or employee of Congress, or an employee of a.Member of Conggress in connection with the t making .of any Federal rant Te entering into of any (d�dNon not within ub� rya�sa period e�e era], is e PVTcap cooperative agreement; .an� 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 plic is unable to c rtify to an f the statements rn thi c r ifi.cation, he or s ie shall a tacoh an �b.If an ds of er than Federal a r riated fund have been exp lanation to this appleication. +d Arc wit�oe id to anaTabn fo in �iencin�or aa�e tn? to ue an o cer ore o ee p an a en a Mtn? o Egress, a7� icer or em�o�ee of Connre� o�ar5 e ployaeef Or DRUG-FREE WORKPLACE a lvlomber o on res r co ne tion th is e era r n or co erati are �n 1 the ersi ed s all co p e and GRANTEES OTHER THAN INDIVIDUALS) sntt � nagare orm l�� disclosure o� obbying c ivities, in accordance with its instructions; As required by e FLu Free Wgrkplace FA t of 1988, and m le eat, art ri"> >ulb3r r� or r� t ,c as do- ned ap 28 C art y Salo is C� 615,and �. 6 The undersi g stt 11 require that the topguage f this cer- aC�`{{ tion b m hided int e award docrments tcrt Irsubawards a# A T e a li�a�t certifies that it will or will continue to provide a l�c iers. inc�udin s prams, ooniract undar r)ant�s auT drug twee pv�o'rCplaceby: coa erativ ��ree ens nd su contrac s� an A a su - reci0ents sha ce r y and disclose accorling y. (a) Dbllishinhq a stat ment notif�in emplo ees that the rtlaw ma fa to e, �is ributian, s n i ssessio r use o a conn,roe . sus nce Is r e. on h gran ee s lON,AND OTHER workplace ndl s�eccif inb he acts sp fh arCert against ,ta(F employeesor vicatio�i osuch pro�ii�ition; b) Establi hin an on-going drug-free awareness program to As re aired b Executive Orr�Qr 1122549, barmesntt nd �nrorm empp�oye s about- Sau (�c ngsgn,iandrimplemenvte d�tt�tSnS FK PS 67, de no e R Dart 67,�nc�ion 97.91 (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} A�1� available druga counseling, rehabilitation, and employee (a) Are not presently debarred, suspended, proposed for debar- sis nce programs; n ment declared ineli able, sentenced to a denial of Federal benefits by a State orgFederal court, or voluntarilyexcluded from 1-he aloes that ma b impo e u on employees for drug covered transactions by any Federal deparment or agency, use v o�a�ions occurringyinThe workp1au e, rrc Mak ri�t a regYsment that each enlone to be en feed it b)) Have nott with a thr e yea .period reced n tis ap lic tion ih� er o ance t ran be given c py of the s men �cen conyicted oTp r hada crviCAdga e�t rendetge�ahya' st the regYiirer by paragraph(a�; o�r commis on of trau r a cn i of erase rn con ection wiT tarning, a��empting to o�tarn,or performing a d Notif i t�he em toe in he tatem nt eq fired b rae rap i a�th�t, as cl;ON iition of empisoymenl under t ie grant, OJP FORM 4061/6(3-91)REPLACES OJP FORMS 4061/2,4062/3 AND 4061/4 VVHICH ARE:.OBSOLETE. (1)Abide by the terms of the statement; and vl� ' io,fy he ernpi 'ey n wRiuqg o cchsrrior teethe workplace no la e,than vecaYengar Ra�saer such con wicpion- �e) N t f thea a % lendar days after I,n notice XT 'p, ,%wr,in�,w p� a)§cp e e su ppra� rom an e I e lace on file that are not identified r o h wisp rete vi aptual notic o , uch conmV, I e Check I— there are workplace ��tog,n here. Empto er, T c nvic mployqe t 11 t'( n e a f i e i osA Pit S��tiy'n 67, 6JO y 'cles.that a gpWee that i� roprqm�, �r sko 'no ia a f the r ulationsrpovl ':7) �'0'1 c v e ing n i e s al n u e t e identlfic4tioh ong ce i igg inftpch E ep)TJJQa1 numpei­Ts�of each a ected gran I �e inc, wi egart apTlica on for Depao�6nt o g 6jlyForm ice ales and e enc2s may elec ton orm% Taknq one. of the follo at,(C,, ith 30)(�TIenct s r w w'M s eceiving notice u pe (d Check f- if the State has elected to complete OJP Form ', un eT a �r6p, J to any employee w o is so convi pr p 4061/7. Taking t I t i against such �Iopgo�qri.e � rsoqne .ac ior Iq rm sis ent with C, REE WQRKP I 'qFbne4ct'no?t*3c0a s amended or A% "Y' req E it meed n )e e i a ES WHO AR INDIVIDUALS) OuRequiring such em?,11,,%, p as uru ,,-I,tpa rtici pate safisfact I I d As ra�uir?d 'C Ju7,FWt7 VV k laceFA g g Itees, as c or cp lb[ h it of 1988, and se as�isianre a , a pg roovre 67.615 and o�r a - r r?WeTa w en orcement, ections EuT alle, 0 Ua M h Ye tRses p Utcl agency; r er a opr a e Asa Tordition of the gTnt I 5ertify that I will not erigge in (g) Making a good faith effort to continue to maintain a drug-fire A. unla u manufuture isti'ibul ion, clijsglnsin�qaocs?p� e c�eu se oly a pritro ed substance in condi ion 1v 10q1h workplace through implementation of paragraphs (a), (b), (c), (d), t gra nt; an (e), and (0. The ranteF mal inserl in tl�e 1pace,Rrovided below the tie e B. If convinced of a criminal drug offense resulting frac a for tl�le per orm Ince o wor one J connection withe violation occurring during the conduct of any rant activity, I will ��,PeCITIC gram: report the conviction, in writing, PC I Justice, within 10 calendar days of the conviction, to Department o u stice Office of Justice Programs, Pla of Performance (Street address, city, country, state, zip ATTN: Control Desk, 633 Indiana Avenue, N.W., Washington, c oc Fel 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 IRSNendor Number 4. Typed Name and Title of Authorized Representative Kevin P. Brunelle, Chief 7 5. Signature 6. Date Y U.S. DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PROGRAMS OFFICE OF THE COMPTROLLER CERTIFICATIONS GA I LOBBYING; DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS; AND DRUG-FREE WORKPLACE RECS IRE E TS 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 a Ic (Federal .State,,or local) tra a tion or c tr ct un er u �i transaction;. vioiation of �ecfe�al or to n itrusn As e uir d b gge t�Qp 13 Tale 31 of the U.,S. Code, and t lues o commissiond of em e ement, he� or er , irnplerr�enefed a 28FtZ Part C9, 1` r ns e t nn into t s�ater�ents�ofr cecelvir°r sto�en prtapertofi records, making �al�e �arct bo tfnae appn ant cernifies r'$0,06, as �e#inent at 2 t g ((cc��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�y a over�i nnc#aei ntit (nederal, St te, or ��cal wi Dy or on behalf of the undersigned, to any person for influencing �a)mrii cion�fganty a tie ofteens s enumerated m parag% �1) or attempting to influence an officer or employee of any agency, o tniis 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 tt making .of any Federal grant the entering into of any dedHo�e notmohen ub�ie�ryaesranteriod p Ned'Ntale pffci"NP) cooperative agreement, ,an extension, continuation, renewal, erminanecnfor cause or cnefauI t; an � lr amendment, or modification of any Federal grant or cooperative agreement; s Where the a plica t is unable to c rtify to an f the stat meepts in this c rt�ftcation, he or s�ie shall aac� an b.If an ff rads other than Federal o r riated fundi have ben exp app to this appnication. Oil or wilNeNO,(, id to an rson fop%r encin or ahem tin eto +uence an ar or e nppp�o ee >r an a en a Mer belg of ress, arer or ern ee onCo)n ,oiya e plog?of 3 DRUG-FREE WORKPLACE a ember on res co ne tion th is Fe era r n o GRANTEES OTHER THAN INDIVIDUALS) cc Qrati agree n nn nhe �r�c�ersi�ned sail corfnp e e Y ng �,c 11 ities, in accordance with its instructionsosure o a b m IAn"lS ler en eddd a eC p Frrre97W�ru�larce #orf 1988ee,s and deNed at 28 PaFrt F Sections Ep ']rad V.V The undersigned sh II requir that the lapgua)e of this cer- n�{c oon b in hided int�,e aw rdedocuments t64 II 3u awards a A. Tea li a t c rtifies that it will or will continue to provide a al�oniee ativ ncFAir�en s gr rad s§ucbo tacto s wander ti a atf� surp drug-ree r place by: co recipients shamcertify and disclose accordingly. (a) P b ishin a stat meet notif in em to ees that the urtlaw ma fa to e, is rib t, is nsm ssessio r use kk OT a coR ro�1e� sins Nance Isn r ite h hgraeeQst Wffl1ON,AND OTHER employees ar vS at�a�r o�such proh onion; wi be a e again s 1k �� �i�11 YE TTTTEERRS (b Establi hin an on-going drug-free awareness program to As required b Executive Ord r 125 9, barment and tn�orm employe s about- S�LI enasijn,.ancplvimaremc implemented cls PS 67s de ine�an �FR art 67, ec�son�7.? (1)The dangers of drugs abuse in the workplace; (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 tinseling, rehabilitation, and employee (a) Are not presentlygdebarred, suspended, proposed for debar- (as)sisaynce programs,gang be efitdby arState olr-Felderalecourt or voluntare excluded from covered transactions by any Federal department or agency, (a usev a�a�iolns occurrinagyinThe woorep�acpe n employees for drug ((c Mak n it a re itt�ment that each em io ee to be en ed i b Have not wth a thr e- ea .period reced n tis ap lic tion th��er�otnnancego h grant be given s c�py of the snan ed nn een convicted o r ha a ycivilgdnd e t rendeige�aciair�st die req fired by paragrap e(a o9r commis on of.nrau r a on a o erase m con ection wits tarninmg allempting to Atain, or performing a d}} Notif i the em toe in he tatem rat eq fired b aer ec rap�1 2 tNh�t, as apcoync�ition of empisoymenet under tie grantfV OJP FORM 4061/6(3-91)REPLACES OJP FORMS 4061/2,4062/3 AND 4061/4 WHICH ARE OBSOLETE. (1)A�bide by the terms of the statement; and Iai0nYo,aecmpnyeyrinSjut� occusrin teethe workplacerno later than lve calendar c after such congctpon �e) Notif4jqtthe a writin with 1? lenclar dw after Lq?T EF ece ry,i n, mice I e su parz 'Prom an e pI ee if there are workplace on file that are not iderifified tS tice."o Check Jr o n e wisp rece vi ar Fano Puch conv[,TPL,,n iere. c rn p[o r cQnvi MI)Co es st rov t' 1112 ro gaqT ot,ce '95fp" c ositiop filtpe, , 11 Sf�fifi?'n 67, 610 of the Mations nee tlitiat i ram yffi:: rol rp 19 2 e r� i%ach e erIJ ga Tov�cles.that a gp a N shall i�rn,11aTeath'e iclenflfic�fioh a a e.may e eF �c.T a on ce.i iga iloj jr,t c rt um a s e in h a ica ton n Pelnr?sT)of each ected grant; encies Urabe'offM o IT91 �;Vice' I �� c1daleswaInde e may elec use orMB rkTalon one one, of the, followag,act%ns, w,ithi% 30 � lendig s to ecervin notice un s u p? ) (d)( T, wi Check F- if the State has elected to complete OJP Form ip e co any employee who is so conv ep grapy 4061/7. Taking ap royr,pte oqnel action nagt such q r � Ts isle Idwrth t e rlW%-�VEJ WMPLAC m n cossamen req� r9her& aAqiant%neZ'no?tj1$b, a n ed; or G A E WHO RE 161VIDUALS) WuRequirin,�such emIENy,%e d As reiuirrd lo� F W k I FA t of 1988, and ,,.to,pa rtici pate satisfactorily p a sur c or c se as§i ange 11er,a oor Uar?Wea'Ah'Vwrove I �hCF rt e t7, U g�ytees, as EuT - , a erilorcemR., YNt art ectionsM09"an"I tRses pbpr a I r er appropriate agency-, A As a �oridifion of the gTnt I �ertify that I will not enpage in I I -free tie unla u manufgture isti'ibu ton, clisy?ns a good faith effort to continue to maintain a drug a�eu 'b ) it 2K�y"'q (9) Making use oly a �ontro ed substance in con i ion'nh�a iv with workplace through implementation of paragraphs(a), (b), (c), (d), grant: and (e), and (0. The ranter ma� insel in the 1pace. rovided elow toe tie B. If convinced of a criminal drug offense resulting from a fo,r Ale per arm Ince o) wor one iR connection wi e violation occurring during the conduc of any rant activity, I will $eCITIC grant: report the conviction, in writing,Justice, within 10 ca endar daVs of the conviction,to: Deoartment o . fice, Office of Justice Prrograms, P�11 a of Performance (Street address, city, country, state, zip ATTN: Control Desk, 633 Indiana Avenue, N.W., Washington, 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: Kevin L. Smith 1126 East SR 434 Winter Springs, FL 32708 2, Application Number and/or Project Name 3. Grantee IRSNendor Number 4. Typed Name and Title of Authorized Representative Kevin L. Smith, City Manager 5. Signature 6. Date