HomeMy WebLinkAboutUS Department of Justice, Drug Enforcement Administration - Central Florida HIDTA - 2010 10 01 i
RECEIVED AUG 112010
STATE AND LOCAL HIDTA TASK FORCE AGREEMENT
"CENTRAL FLORIDA HIDTA"
This agreement is made this 1 day of October 2010, between the
United States Department of Justice, Drug Enforcement
Administration (hereinafter "DEA "), and the Winter Springs
Police Department (hereinafter "WSPD ").
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
or- g- aniza#i -on -s: — 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 Orlando Ileroin 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 1 (RUS) federal
employee, currently $ 17,202.25, per officer.
7. In no event will the WSPD charge any indirect cost rate to
DEA for Lire 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 audits and examinations are
completed and resolved or for a period of three (3) years after
termination of this agreement, whichever is sooner.
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 agrccc 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 tor the pure ase o ue or a 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, 28 U.S.C. 2401 (b) 2671 -2680.
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 OUGHTJ? 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 from the date of
signature by representatives of both parties to September 30,
2011. This agreement may be terminated by either party on 30
days advance written notice. Billings 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:
I .i.11.cr AL Date: 11
9 3
Mark R.' T ouvi'"e
Speci. Agent in Charge
Miami Field Division
For the Winter Springs Police Department:
Date: T4
Kevin P. Brunelle
Chief
For the City of Winter Springs:
i f
AM% D ate: 7 z4 ?o
Key' L. S h
Ci y Manag-
• agtf U.S. DEPARTMENT OF JUSTICE
OFFICE OF JUSTICE PROGRAMS
OFFICE OF THE COMPTROLLER
CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION AND
OTHER RESPONSIBILITY MATTFRS; ANn fRUG -FREF 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 public (Federal State, or local) transaction or contract under a
public transaction; violation of Federal or State antitrust
As required by Section 1352 Title 31 of the U.S. Code, and statutes or commission of embezzlement theft forgery,
implemented at 28 CFR Part 69, for persons entering into a bribery, falsification or destruction of records, making false
grant or cooperative agreement over S100,000, as defined at statements, or receiving stolen property;
28 CFR Part 69, the applicant certifies that
No Federal appropriate (c) Are not presently indicted for or otherwise criminally or
(a ) ppropriate funds have been paid or will be civil) charged by a govemmental entity (Federal, State, or
paid, by or on behalf of the undersigned, to any person for in- local) with commission of any of the offenses enumerated in
fluencing or attempting to influence an officer or employee of paragraph (1)(b) of this certification; and
any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in con - (d) Have not within a three -year period preceding this applica-
nection with the making of any Federal grant the entering into fion had one or more public transactions (Federal, State, or
of any cooperative agreement, and extension, continuation, local) terminated for cause or default and
renewal,_ amendment,_ -or-modificatinn of any FPderfiLgrant or
cooperative agreement; B. Where the applicant is unable to certify to any of the
statements in this certification, he or she shall attach an
(b) If any funds other than Federal appropriated funds have explanation to this application.
been paid or will be paid to any person for influencing or at-
tempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or 3. DRUG - FREE WORKPLACE
an employee of a Member of Congress in connection with this (GRANTEES OTHER THAN INDIVIDUALS)
Federal grant or cooperative agreement, the undersigned shall
complete and submit Standard Form - LLL, "Disclosure of As required by the Drug -Free Workplace Act of 1988, and
Lobbying Activities," in accordance with its instructions; implemented al 28 CFR Part 67, Subpart F for grantees as
(c The undersigned shall require that the language of this cer- defined at 28 CFR Part 67 Sections 67.15 and 67.6�20-
tification be included in the award documents Tor all subawards A. The applicant certifies that it will or will continue to provide
at all tiers (including subgrants, contracts under grants and a drug -free workplace by:
cooperative agreements, and subcontracts) and that all sub -
recipients shall certify and disclose accordingly. (a) Publishing a statement notifying employees that the
unlawful manufacture, distribution, dispensing,. possession, or
use of a controlled substance is prohibited in the grantee's
2. DEBARMENL SUSPENSION, AND OTHER workplace and specifying the actions that will be taken against
RESPONSIBILITY MATTERS employees for violation of such prohibition;
(DIRECT RECIPIENT)
(b) Establishing an on -going drug -free awareness program to
As required by Executive Order 12549 Debarment and inform employees about -
Suspension, and implemented at 28 CFR Fart 67, for prospec-
tive participants in primary covered transactions, as defined at (1) The dangers of drugs abuse in the workplace;
28 CFR Part 67, Section 67.510 -
A. The applicant certifies that it and its principals: (2) The grantee's policy of maintaining a drug -free workplace;
resent) debarred, suspended, proposed for debar- (3) Any available drug counseling, rehabilitation, and employee
(a ) Are not presently P , P ro P assistance programs; and
ment, declared ineligible sentenced to a denial of Federal
benefits its by a State or Federal court, or voluntarily excluded (4) The penalties that may be imposed upon employees for
from covered transactions by any Federal department drug abuse violations occurnng in the workplace;
or agency;
(c) Making it a requirement that each employee to be engaged
(b) Have not within a three -year period preceding this applica- in the performance of the grant be given a copy of the state -
fion been convicted of or had a civil judgment rendered against ment required by paragraph (a);
them for commission of fraud or a criminal offense in connec-
tion with obtaining, attempting to obtain, or performing a (d) Notifying he employee in the statement required by
paragraph -(a) that, as a condition of employment under the
grant, the employee will -
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) Notify the employer in writing of his or her conviction for a
violation of a criminal drug statute occurring in the workplace
no later than five calendar days after such conviction;
(e) Notifying the agency, in writing, within 10 calendar days
a nr receivinp spire_ under subparagraph (rr ()) from . Check El if there are workplace an filo that aro not idontifiod
employee or otherwise receiving actual notice of n such convict here.
tion. Employers of convicted employees must provide notice
including position title to Department of Justice, Office o Section 67, 630 of the regulations provides that a grantee that
Justice Programs, ATTN: N: Control Desk, 633 Indiana Avenue, is a State may elect to make one certification in each Federal
N.W., Washington D.C. 20531. Notice shall include the iden- fiscal year. A copy of which should be included with each ap-
tification number(s) of each affected grant; phcation for Department of Justice funding. States and State
agencies may elect to use OJP Form 4061/7.
(f) Taking one of the following actions, within 30 calendar
days of receiving notice under subparagraph (d)(2), with Check ❑ if the State has elected to complete OJP Form
respect to any employee who is so convicted- 4061/7.
(1) Taking appropriate personnel action against such an
employee, up to and including termination consistent with the DRUG - FREE WORKPLACE
requirements of the Rehabilitation Act of 1973, as amended; or (GRANTEES WHO ARE INDIVIDUALS)
(2) Requiring such employee to participate satisfactorily in a As required by the Drug -Free Workplace Act of 1988, and
drug abuse assistance or rehabilitation program approved for implemented al 28 CFR fart 67, Subpart F, for grantees, as
such purposes by a Federal, State, or local health, law enforce- defined at 28 CFR Part 67; Sections 67.615 and 67.620 -
ment, or other appropriate agency;
A. As a condition of the grant I certify that I will not engage
(g) Making a good faith effort to continue to maintain a drug- in the unlawful manufacture distribution, dispensing, posses -
Wee workplace through implementation of paragraphs (a), (b), sion, or use of a controlled substance in condition any
(c), (d), (e), and (f). activity with the grant; and
B. The grantee may insert in the space provided below the B. If convinced of a criminal drug offense resulting from a
site(s) for the performance of work done in connection with violation occurring during the conduct of any grant activity, I
the specific grant: will report the conviction, in writing within 10 calendar days
of the conviction, to: Department of Justice, Office of Justice
Place of Performance (Street address, city, country, state, zip Programs, ATTN: Control Desk, 633 Indiana Avenue, N.W.,
code) Washington, D.C. 20531.
As the duly authorized representative of the applicant, 1 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 North Moss Rd. Winter Springs, FL 32708
2. Application Number and/or Project Name 3. Grantee IRSNendor Number
Kevin P. Brunelle, Chief
4. Typed Name and Title of Auth rized Representative
/9' 3/04/1.4°
5. Signature 6. Date
U.S, DEPARTMENT OF JUSTICE
,� OFFICE OF JUSTICE PROGRAMS
OFFICE OF THE COMPTROLLER
CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION AND
o • -
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 public (Federal, State,_ or local) transaction or contract under a
public transaction; violation of Federal or State antitrust
As required by Section 1352 Title 31 of the U.S. Code, and statutes or commission of embezzlement, theft forgery,
implemented at 28 CFR Part 69, for persons entering into a bribery, falsification or destruction of records, making false
grant or cooperative agreement over $100,000, as defined at statements, or receiving stolen property;
28 CFR Part 69, the applicant certifies that:
(c) Are not presently indicted for or otherwise criminally or
(a) No Federal appropriate funds have been paid or will be civilly charged by a govemmental entity (Federal, State, or
paid, by or on behalf of the undersigned, to any person for in- focal) with commission of any of the offenses enumerated in
fluencing or attempting to influence an officer or employee of paragraph (1)(b) of this certification; and
any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in con - (d) Have not within a three -year period preceding this applica-
nection with the making of any Federal grant, the entering into Sion had one or more public transactions (Federal, State, or
of any coo rative a reement and extension, continuation, local) terminated for cause or default; and
renewal, ame men or mo r ca ion of "any - 'Federat - grant or
cooperative agreement; B. Where the applicant is unable to certify to any of the
statements in this certification, he or she shall attach an
(b) If any funds other than Federal appropriated funds have explanation to this application.
been paid or will be paid to any person for influencing or at-
tempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or 3. DRUG - FREE WORKPLACE
an employee of a Member of Congress in connection with this (GRANTEES OTHER THAN INDIVIDUALS)
Federal grant or cooperative agreement, the undersigned shall
complete and submit Standard Form - LLL, "Disclosure of As required by the Drug -Free Workplace Act of 1988, and
Lobbying Activities," in accordance with its instructions; implemented at 28 CFR Part 67, Subpart F, for grantees as
defined at 28 CFR Part 67 Sections 67.615 and 67.6`20 -
(c The undersigned shall require that the language of this cer-
tification be included in the award documents all subawards A. The applicant certifies that it will or will continue to provide
at all tiers (including subgrants, contracts under grants and a drug -free workplace by:
cooperative agreements, and subcontracts) and that all sub -
recipients shall certify and disclose accordingly. (a) Publishing a statement notifying employees that the
unlawful manufacture, distribution. dispensing, possession, or
use of a controlled substance is prohibited - in the grantee's
2. DEBARMENT SUSPENSION, AND OTHER workplace and specifying the actions that will be taken against
RESPONSIBILITY MATTERS employees for violation of such prohibition;
(DIRECT RECIPIENT)
(b) Establishing an on -going drug -free awareness program to
As required by Executive Order 12549 Debarment and inform employees about -
Suspension, and implemented at 28 CFR art 67, for prospec-
tive participants in primary covered transactions, as defined at (1) The dangers of drugs abuse in the workplace;
28 CFR Part 67, Section 67.510 -
A. The applicant certifies that it and its principals: (2) The grantee's policy of maintaining a drug -free workplace;
(3) Any available drug counseling, rehabilitation, and employee
(a) Are not presently debarred, suspended, proposed for debar- assistance programs; and
ment declared ineligible- sentenced to a denial of Federal
benefits by a State or Federal court, or voluntarily excluded (4) The penalties that may be imposed upon employees for
from covered transactions by any Federal department drug abuse violations occurring in the workplace;
or agency;
(c) Making it a requirement that each employee to be engaged
(b) Have not within a three -year period preceding this applica- in the performance of the grant be given a copy of the state -
fion been convicted of or had a civil judgment rendered against ment required by paragraph (a);
them for commission of fraud or a criminal offense in connec-
tion with obtaining, attempting to obtain, or performing a (d) Notifying the employee in the statement required by
paragraph (a) that, as a condition of employment under the
grant, the employee will -
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) Notify the employer in writing of his or her conviction for a
violation of a criminal drug statute occurring in the workplace
no later than five calendar days after such conviction;
(e Notifying the a e ency, in writing, within 10 calendar days
employee or otherwise receiving actual no 'ce o such conic- here.
tion. Employers of convicted employees must provide notice
including position title to: Department of Justice, Office o) Section 67, 630 of the regulations provides that a grantee that
Justice Programs, ATTN: Control Desk, 633 Indiana Avenue, is a State may elect to make one certification in each Federal
N.W., Washington D.C. 20531. Notice shall include the iden- fiscal year. A copy of which should be included with each ap-
tificabon number(s) of each affected grant; plication for Department of Justice funding. States and State
agencies may elect to use OJP Form 406117.
(1) Taking one of the following actions, within 30 calendar
days of receiving notice under subparagraph (d)(2), with Check ❑ if the State has elected to complete OJP Form
respect to any employee who is so convicted- 4061/7.
(1) Taking appropriate personnel action against such an
employee, up to and including termination consistent with the DRUG - FREE WORKPLACE
requirements of the Rehabilitafion Act of 1973, as amended; or (GRANTEES WHO ARE INDIVIDUALS)
(2) Requiring such employee to participate satisfactorily in a As required by the Dru -Free Workplace Act of 1988, and
drug abuse assistance or rehabilitation program approved for implemented a 28 CFR Part 67, Subpart F, for grantees, as
such purposes by a Federal, State, or local health, law enforce- defined at 28 CFR Part 67; Sections 67.615 and 67.620 -
ment, or other appropriate agency;
A. As a condition of the grant I certify that I will not engage
(g) Making a good faith effort to continue to maintain a drug- in the unlawful manufacture distribution, dispensing posses -
free workplace through implementation of paragraphs (a), (b), sion, or use of a controlled substance in condition any
(c), (d), (e), and (f). activity with the grant; and
B. The grantee may insert in the space provided below the B. If convinced of a criminal drug offense resulting from a
site(s) for the performance of work done in connection with violation occurring during the conduct of any grant activity, I
the specific grant: will report the conviction, in writing within 10 calendar days
of the conviction, to: Department of � Justice, Office of Justice
Place of Performance (Street address, city, country, state, zip Programs, ATTN: Control Desk, 633 Indiana Avenue, N.W.,
code) 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
Kevin L. Smith. City Manager
4. Typed Name and Title of Authorized Representative
�., 1 7/z r io
5. Si ature 6. Date
e
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