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HomeMy WebLinkAboutUS Department of Justice, Drug Enforcement Administration - Central Florida HIDTA - 2019 10 01 U. S. Department of Justice Drug Enforcement Administration Orlando District Office 300 International Parkway Suite 424 Heathrow, FL 32746 October 11, 2019 City Manager Kevin L. Smith City of Winter Springs 1126 East State Road 434 Winter Springs, FL 32708 Dear City Manager Smith: Enclosed is a copy of the fully executed FY 2020 HIDTA State and Local Agreement for your files. Sincerely, Mar s R. Anderson A istant Special Agent in Charge Enclosure TFO - Tfif v s'n RECEIVED AUG-- 91019 STATE AND LOCAL HIDTA TASK FORCE AGREEMENT "CENTRAL FLORIDA HIDTA— HIDTA 1" This agreement is made this 1"day of October 2019,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 he 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. HDTA 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 IDEA. Special Agents and WSPD officers assigned to the Task Force, This support will include.- office space, office supplies,travel Rinds,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. HDTA 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 sun i equivalent to 25 percent of the salary of a GS-12, Step I (RUS)federal employee,currently$ 18,649.00,per officer. Note.- TaNk Force Officer's oveilime ""Shall not include any cosisfor 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 TEA 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 oft ee (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 SEA the attached OJP Form 4061/6,Certification Regarding Lobbying;Debarment,suspension and Other Res onsibility Matters; and drug-Free Workplace Requirements. The WSPD p acknowledges that this agreement will not take effect and no federal funds will be awarded until the completed certification is received. 12. When issuing statements, press releases requests for proposals,bid solicitations and other documents describing projects or programs funded in whole or part with federal money,the WSPD shall clearly state: (1)percentage of the total cost of the program or project which will be financed with federal money and(2)the dollar amount of federal funds for the program or project. 13. The WSPD understands and agrees that HIDTA will provide the DEA Heroin Task Force Officers with vehicles suitable for surveillance. HIDTA through DEA will furnish mobile radios for installation in the HIDTA Task Force vehicles and HIDTA will assume the cost of installation and removal. HIDTA will be financially responsible for the purchase of fuel for the leased vehicles and for providing routine maintenance,i.e., oil changes, lubes and minor tune- ups via the HIDTA lease contractor. DEA and HIDTA procedures for reporting and investigating automobile accidents involving Official Government Vehicles (OGV'S)-HIDTA lease vehicles shall apply to accidents involving the leased vehicles furnished to the WSPD personnel,in addition to whatever accident reporting requirements the WSPD may have. 14. While on duty and acting on Task Force business,the WSPD officers assigned to the HIDTA Task Force shall be subject to all DEA and federal government rules,regulations and procedures governing the use of OGV's for home to work transportation and for personal business. The HIDTA Executive Committee acknowledges that the United States is liable for the actions of Task Force Officer, while on duty and acting within the scope of their federal employment,to the extent permitted by the Federal Torts Claim Act. 15. All sharing of federally forfeited property will be done in accordance with the U.S. Department of Justice policies and procedures as set forth in Guide to Equitable Sharinv 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 usd 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 30,2020. 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: ` . .... ......... Dater _ Adolphus P. Wright Special Agent in Charge Miami Field Division 1 or tl' inter Springs Police Department: a Date: Chris Deisler Chief For the City of Winter Springs: Date: `I 3 I-I R Shawn Boy a C- Interim City' -:x ger U.S. DEPARTMENT OF JUST..�.._............�..�..... ���.� ICE : t 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 u is (Federal.State„olr local) ya a�tio� or c° trpct under i i�festra°nsacommission t10of °embe element the or�treus U.S. Code and t imsp�ernen dd at 28e�FR P1art�6'9TtiE ��� of e t fin into t � er ientsfsor retcelvin r stolen property records, makmg �alsrye art tnaeiapp��ae centfiee that: as ee#me� at % 9 (V Are of present% indi t d for or thsrwise cr mina% or civil) �a) No Federal appropriate funds have been paid or will be paid, blur edy a over�i n�#ai ntit (eeaeral St Vie, or 1scal wi y or on behalf of he undersigned, to.any person for Influencing omt {�Ssioyn t9an o tie of�ens�s enumeeateg in paragra�h �1) or attemptin to Influence an officer or employee of any agency, �b)o is ce Ifica on;and a Member o�Congress, an officer or emRloyee of Congress, or an employee of a Member of Congress in cpnnection with the d Have not within a thhre ear eriod a edin thi a li atio making ,of any Federal grant fhe• entering Into of any �isd .on nr more u liBC ryar�sagtii, eoderaI9 talj pgrglocap cooperative agreement, an exfension, continuation, renewal, ermina a for cause or a au t;an tr 11 amendment, or modification of any Federal grant or cooperative agreement; B, Whe a the a plic is unable to c tify to an f the stat rn �s in thie ra�cation, he or s�ie shall attacm an b�.f IIf an qq ds of her thann FFederaI a� r riated fund tehavet..be n exp�ana{ion to this appicafion. Fld or�rvil�oe cd o aem �Oo ee fC�n gi e en �a a M p belg ) uence an o cer ore pp a e e o e e q PI , n �a 3 DR(�G-FREE WORKPLACE a m er o on res i co ne bon th is a era r n o ((,RANTEES OTHER THAN INDIVIDUALS) co eratl are Rn �he ersi ed s all co p e� an u��iatt �{angare ofm , -,��� �Isclosure o oebymg c ivities, in accordance with Its instructions; As re uir ddd b eCp u Prre. W r laccer` t of 1988, and Fe Fill e28 a Part r 5e�ctlonn u P. 15'60% '��t��s' as ` The ndersi nedd sh II re wire that the la u e f this cer- h tai caiers iric�iiddnd �s t g n sd donLimen s �ra��suniarwtardss as &ugitrea gikprac epi Ies that it will or will continue to provide a coo entts hpreertify atnsti eiscloseeacct�eG.s�yaned tl�a� al� sue- ((a11 P b ishin a stat ment noti InG em to ees that the tirtlaw ma fa to e, Is ribution, isp ngI yy usefu�a cogRrofted Su1stance Is r nI ate, in p hssesslanr�eeQsr IUN,AND UTFiER workkplace ne S eGI{,�in the act% _h wdl be a�Cet�against � MA)TT employees or vi�atio�o�such proni�ihon; b) Establi hin an on-going drug-tree awareness program to As required b Executive Ordd r 11ZZ549, p barment and Norm emp�oye�s about- Saau��PPensi n„andim lemented t 2� CFK Prt 67 efor prose i � �FRc�arti7,%ectwnn%7 �t�5rec� transactions, as de ine a (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; d A available tlru c unseeing, rehabilitation, and employee Ias�si,Pdnce ro rams;%nIC8 (a) Are not presently debarred, suspended, proposed for debar- P 9 ment declared ine� Ible, sentenced to a denial of Federal benefits by a State or.Federal court,or voluntarily excluded from (4)The Pafr}alties that may.b(imwposkePj u on employees for drug covered transactions by any Federal department or agency; $E7use v o a ions occurnr in a or p acpe; �hC�Wn9t a rec�r�irement tF�at each empplosee to be entga ed i b Have n,ott w th a thr a-yea a ivd eced'n t is ap I'c tion a ance tt ran be given c py of the s atemen� �en convicted o r hec�a civiluc rendstge�a�gair�s me requpired°by paragraphe(a�; ogicoi g;a,11emptigg� Aram,or performing a�n con ectlon wi e eip�oy�� �_ emaloyea inhe p)StYtemt{nt �egti�re9 bty 3i e t ef, as con Rion o em o men un er a ran , OJP FORM 406116(3-91)REPLACES OJP FORMS 406112.4062/3 AND 406114 WHICH ARE OBSOLETE. (1)Abide by the terms of the statement; and v aala onto ae empploredrun s n ute of is Or her convNi0°lace no lalir han fve calmendaar dais affer suchc con�ic{ion; P ., �ie sere areworkplace, . _ ...._.. . e}} Natif in the a e c , i writin with c lender days after �ebeir�n ri tice tla erY surb pra aph. �a}� rrorr� an ern, tgee Check I— on file that are not identified r o e is rece vi a ua nottcuccones .9m to er tec nvic �� oy es st rovidSotice n �uosptio�i PI&E a a�, net oim4 s is �fa ' oa �ro am � �trol � sk, gg3 �n fa a �ve u � S ti n 67 6g0 f the r ulations ov'des.that a g Joe that i nuam er��of ea h a e'�cteii grant;it a shad rnc�u�e the ��en ificatiori aeP$a a�A co e . th,�a o ie cer i in c(a�oa witoaeh edaeprgi a§oa for Delect to"nt o�YoVicen i�r� i,��. �afes and sate �genaes rrff�� Takingone. of the.followi actio0ns, withi 30 lend r rdes�pec�ftany�em�loyee�whoisa�OrconvUieteeprapr� (d){p1�, wi Check r if the State has elected to complete OJP Form 4061/7. W1� Taking ap ro�ri to IsontneI .action a�ainst such n G FR EWORKPLACE regpiirr men spo then e�acbilita�pon�ct o t��Jc/3 as amenridedt o��1e � RANTEES H A INIVIDUALS) Requiring such emplgym� oaote s�atisfactoril iin a dru Aspre�updd byh�eFre Wrl�p�laprtelcit of 1988, and use as ian or e i at Or) ra a rove or suc im le e 8�� ,C rt7, 5 ,tees, as our ses a ederal a e, or o a eal h,Raw en orcemen, de me a a ections and r Other aporopnate ag6ncy; q Asa o dition of he gr nt.I ertify t�hat I will not engage in (g)Making a good faith effort to continue to maintain adrug-free the unia u�manuf cure, �istfibuctipn, dis , nsin os5io workplace through implementation of paragraphs(a), (b), (c}, (d), ruse ota pritro�e substance m coneiaon ri�activisy wi h (e),and(f). a grant;an The rant ma insert in tle ace, rovided below the ite B. If convinced of a criminal dru offense resultingfrom a s fofr the�.X. aInce of work none i�i connection with tie violation occurring during the conduct of any rant actity, I will Veci is gra report the conviction, in writing, within 10 calendar days of the conviction,to: Department of Justice Office of Justice Programs, Poapp of Performance (Street address, city, country, state, zip p C 20531 Control Desk, 633 Indiana Avenue, N.W., Washington, cde)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 Chris Deisler Winter Springs Police Department 300 North Moss Avenue, Winter Springs, FL 32708 2. Application Number and/or Project Name 3. Grantee IRS/Vendor Number 4. Typed Name and Title of Authorized Representative ChrJ s Dr:, '�'ler, Chief 5. Sig atu a 6. Date —... _. �m_...._..__w_ ,. . ...._.._... . U.S. DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PROGRAMS - f 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 lullrc, (Federal.State,.or local) tea aGtio or c tr ct unVer a transaction;, violation ofederal oa� nfitrust As a uir d b e 13 T'tle 31 of the U..S. Ctode, an { us for commission df of em ezfz emen hef or�e}rsy imp�art�6p en�t�ef a p t er�ifiese hat�����nas coin eto2 sae ents,so receiving stto e r property; recor s, ma ing a e rrCC��Are of presentl indi t d for or th rwis criminal or civiJl (a} No Federal appropriate funds have been paid or will be paid, CVar edry a paver�trfn ncfa(fpntit� (Pei�eral eState, or lual wI X 6y or on behalf of the undersigned, to any person for influencing om i lion an o tend o ens s enumerateU in paragra�h R or attemptin to Influence an pfficer or em lcyee of any agency, �)oit9si cer�ificat�on;and a Member o) Congress, an officer or employee of Congress, or an employee of a Member of Congress in cpnnection with the making ,of any Feera rant the entering Into of any (d Hava not withinaa�f]r�eetry�?ar ceTns a eding thi apglicloca cooperative agreement, an extension, continuation, renewal, �d on r more u i f sa tI nse dial, 5ta e, r oca) amendment, or modification of any Federal grant or cooperative ermina a for taus or a au t; an agreement; B. Whe a the ,eplicay is.unat a to certify to an �f the stat me .s In thI rtI icatlon, a or s e shall atVtac an b,if an fq ds ofher than Federal pr rioted funds hav ben explanal[ion to this application. d lueor ywil�ce aid to ance perippgrson fo in encin Yor att�m,in fcf �f �mbe ao7&o e�eos emPao ne o?Con the 1s Feee ap orXane o DRUG-FREE y�pRKPLAC co p ratlxe a�ree�lfne �he �r�c�ersi ed sail cor Ip�e�o Y n9 GRANTEES OTHER THAN INDIVIDUALS) c ivi ies, f accordance with its in�truc ionsosure o o b in IAs le elr ddd a eCFp�u Freb7W�al lace cttt of 1988,s and de ine� C Part Sections 6�615'and ��M as ! ( The underslc�ned sh II require that the la u pe gf this cer- ti c tion b in II7 eg in t�e av rd docts ments tct I subawards a A. I e a II a t c rtities that It will or will continue to provide a n�Q�dintshae� ertify an`dg�isnclosee on acoagi g)y an�dr tf�a all Sue drug- ee vpi�or�Cpraceeby: rra P b ishin a stat ment noti Inq em toyees that the fr�law JJ ma fa to e, is ribution, isp nS i use fa co rolled Sus nce is r nI ite 'inp hssessioq, gr workpace nand speci{vto9 ffie actsona' R wi , arCer�ant � p(t� l(�EEdIUN,AND UTtiER employees ror wolatioh oT such prohibition; ssHTTER b Establi hin an n-going drug-tree awareness program to As r aired b Executive Or r 11 5 9 p barment nd �orm emp�oys abSut- S�u Pce nfn,ian�im�p�ementerec�tt ans c actions, fde ine e EFR IPart 97,nSEc{Ion g7T'S (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; 3 A available dru c unseling, rehabilitation, and employee (a) Are not presently, debarred, suspended, proposed for debar- (assistance programs;gan� benefits by a Stateeor-Federalil court or voluntarde excluded from yyy p / (��The gr}alties that may behimwposled.upceon employees for drug covered transactions b an Federal department ment or agency; use v o a ions occurrin in a or a ; (c)Makin it a re r ment that each em to ee to 6e en ed i �eb Have riot w th' a thr e- ea period reced1'na t is ap I'lc tion the er of�nance� t(i rant be given a�c�py of the stg, men en convected o? r hed a ycivi�Addq e�t rentlBre�agairlst�iem1 required by paragraph�a�; r commis on of.�rau r a cri i a o ense in conr7ectia wl oobtaining,a�empting to a tarn,or performing a fv �h Ira ai hl���th�f, as ucoYnec ition ottemplsoymenf underq�{ie granty e e p�oy wI - OJP FORM 4061/6(3-91)REPLACES OJP FORMS 4061/2,4062/3 AND 406114 WHICH ARE OBSOLETE. (1)Abide bfty the terms of the s In tatement;and �a a t��ianofive ehe �nRr� edduays f iter�such onpjp the of h is.or her owor�iplace no � p o ee Check f there are work lace on filet f( No°ti ing the agenc ,in writin with' c lendar da s after feteei�+en rfatice unaerYsub ra��.aph, t )1 f an err 11 r p_ that are not identified �r Qt .e 's rece v�o a MaeSnotist� rii idsu otice°nii' u' in' he re. c nvic c� orspHo i gfit e afar &ynf o{gn s g Wa°�rnmt nA C' 2 c 1 t�ToE�ce sh l in uc�e ih even ifi horf aPSttagnma ale�ftothe.a ontio ce p ovido slthat cc PeegereJt at, J numl)erT$)of each.a acted grant, ea rA�,� >c h•+cTi sio Icy eriin'c ,j�wItI e h a �ication for belec r6nl o J roe',lo� : E'a`ie and ate p�gencres s ak�n�ecervinof tnoti foil uRrtler su�in ai g�ap� 3(Od)( j le wi nd r resypec�to any em�loyee who is so convtete Check r if 061R State has elected to complete OJP Form �1) Taking ap ro to rso net ,a Lion ,a atn t such in m r I srsentw UG-F ESa n o� 3as ame GRANT P�reqm �heVeab� WpRpD IVIDUALS) Requirin such em I��yeet,tto participate satisfactorily in a dru At sp re uirrl�eedd ba t2hge kuQ-Fie W rUkr�°laarca tt of 1988, and g Other appropriate agZncy ale, olot/ocaMeal�ha'IB,roven?ofccemeR aetrne�eattl8 L'!RPa 67Y act ohs�TtQ75 add ti/.62 ntees, as q Asa o dition f he gr t.I rtify hat I will not enga a in (g)Making a good.faith effort to continue to maintain a drug-free the unla �u�manu�c ure, c istftbuficon, dis nsrn osss eio wo anla a through implementation of paragraphs(a),(b),(c), (d), re grar°t ancFontro e; =substance rn conflon 26r actrvr�y wi�h The rante ma insert in the ace rovided below the tte B. If convinced of a criminal drugg offense resulting,fro 2 s} fo{ trtoe�erormnce of work ogne is connection with t�te violation occurring during tho cond}rdt of an grant activity, will I Pect rc gra report the conviction, in writing, within 10:c�afendar days of the nvttyc�tion,to: Department of Justice Office of Justice Frrograms, Place of Performance (Street address, city, country, state, zip D C 20 Control Desk, 633 Indiana Avenue, N.W., Washington, 31. 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: Interim City Manager Shawn Boyle City of Winter Springs 1126 East State Road 434, Winter Springs, FL 32708 2. Application Number and/or Project Name 3. Grantee IRSNendor Number 4. Typed Name and Title of Authorized Representative Shawn Boyle, Interim City Manager 5. Signature 6. Date