HomeMy WebLinkAboutUS Department of Justice, Drug Enforcement Administration - Central Florida HIDTA - 2011 08 30 •
RECEIVED AUG 312011
STATE AND LOCAL HIDTA TASK FORCE AGREEMENT
"CENTRAL FLORIDA HIDTA"
This agreement is made this 1st day of October 2011, 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 officer will be under the direct supervision and control of
DEA supervisory personnel assigned to the task force.
3. The WSPD officer 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 officer 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 officer 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 officer
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
officer 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 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, claims, 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 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, Tubes 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 officer 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 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 specified in the opening
paragraph until September 30, 2012. 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:
Date: q 43
M. f' rouville
S • ial Agent in Charge
■ iami Field Division
For the Winter Springs Police Department
..� 1 /J•rk� Date: 2 a q -
f
Kevin P. Brunelle
Chief
For the City of Winter Springs
�... Date: P' /7o /l
Kevin . mith
City Manager
•
•
U.S. DEPARTMENT OF JUSTICE
OFFICE OF JUSTICE PROGRAMS
;r- 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 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 Par{ 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 governmental 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 Lion 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 modification of any Federal grant or
cooperative agreement; B. Where the applicant is unable to certify to any of the
funds have statements in this certification, he or she shall attach an
bb ee been a If any or will be paid to an funds other than Federal appropriated explanation to this application.
paid p 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 ` 20 -
as
(c) The undersigned shall require that the language of this cer-
defined at 28 CFR Part 67 Sections 67.615 and 67.6
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 (induding subgrants, contracts under grants and a drug -free workplace by:
cooperative agreements, and subcontracts) and that all sub -
recipients shalt 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
RE SPO ON RECIPIEMATTERS T employees for violation oT such prohibition;
(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 Prt 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;
(a) Are not presently debarred, suspended, proposed for debar- (3) Any available drug counseling, rehabilitation, and employee
P y P , P ro P assistance programs; and
ment declared ineligib 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;
u
(b) Have not within a three. year period preceding this a lice_ (c) Making it a requirement that each employee to be engaged
(
Pion been convicted of or had a civil judgment rendered a ainst m the required paragraph a the grant be given a copy of the state -
them for commission of fraud or a criminal offense in conneo- ment required by paragraph (a);
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 agency, In writing, within 10 calendar days
after receiving notice under subparagraph (d)(2) from an Check ❑ if there are workplace on file that are not identified
employee or otherwise receiving actual notice of such convict here.
tion. Employers of convicted employees must provide notice
including position title to: Department of Justice, Office of 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-
tification number(s) of each affected grant; plication 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 at 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 8. 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:
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
Kevin P. Brunelle, Chief
4. Typed Name and Title of Authorized Representative
- 0 1 —/
5. Signature 6. Date
• f
•
't 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 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 governmental entity (Federal, State, or
paid, by or on behalf of tha 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 tion 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 modification of any Federal grant or
cooperative agreement; B. Where the applicant is unable to certify to any of the
If any funds other than Federal appropriated funds have statements in this certification, he or she shall attach an
(b ) y 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 Dru Free Workplace Act of 1988, and
Lobbying Activities," in accordance with its instructions; implemented at 28 CFR art 67, Subpart F for grantees as
(c The undersigned shall require that the language of this cer-
defined at 28 CFR Part 67 Sections 67.615 and 67.620 -
fification be included in the award documents for 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
2 2. DEBARME�T SUSPENSION, AND OTHER use of a controlled substance is prohibited in the grantee's
. DEB workplace and specifying the actions that will be taken against
(DIRECT RESPONSIBILITY RECIPIENT) MATTERS employees for violation of such prohibition;
(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 l rt 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-
tion 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.
ti
, r .
f
•
(1) Abide by thq terms of the statement; and
(2) Notify the ee�mmployer in writing of his or her conviction for a -
violation of a iminal 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
after receiving notice under subparagraph (d)(2) from an Check ❑ if there are workplace on file that are not identified
employee or otherwise receiving actual notice of such convic- here.
tion. Employers of convicted employees must provide notice
including positi)n title to: Department of Justice, Office o) Section 67, 630 of the regulations provides that a grantee that
Justice Progra s, ATTN: Control Desk, 633 Indiana Avenue, is a State may elect to make one certification in each Federal
N.W. Washing on D.C. 20531. Notice shall include the iden- fiscal year. A copy of which should be included with each ap-
tification numbe(s) of each effected grant; placation 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 receNing 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 tq and including termination consistent with the DRUG - FREE WORKPLACE
requirements oflthe Rehabilitation Act of 1973, as amended; or (GRANTEES WHO ARE INDIVIDUALS)
(2) Requiring s ch employee to participate satisfactorily in a As required by the Drug -Free Workplace Act of 1988, and
drug abuse as istance or rehabilitation program approved for implemented at 28 CFR Part 67, Subpart F, for grantees, as
such purposes y a Federal, State, or local health, law enforce- defined at 28 CFR Part 67; Sections 67.615 and 67.620 -
ment, or other a propriate agency;
A. As a condition of the grant I certify that I will not engage
(g) Making a g od faith effort to continue to maintain a drug- in the unlawful manufacture distribution, dispensing, posses -
free workplace hrough implementation of paragraphs (a), (b), sion, or use of a controlled substance in condition any
(c), (d), (e�, and�(f). ac 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 erformance of work done in connection with violation occurring during the conduct of any grant activity, I
the specific grain: will report the conviction, in writing within 10 calendar days
of the conviction, to: Department of Justice, Office of Justice
Place of Perfortnance (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 Easti SR 434
Winter Springs, FL 32708
I -
2. Application Number and /or Project Name 3. Grantee IRSNendor Number
•
Kevin L. Smith, City Manager
4. Typed Name and Title of Authorized Representative
•
Y /JO /1
5. Signal re l 6. Date
•
i RECEIVED AUG 311011
TACTICAL DIVERSION TASK FORCE AGREEMENT
This agreement is made this 1st day of October, 2011, between the United States Department of
Justice, Drug Enf rcement Administration (hereinafter "DEA "), and the City of Winter Springs
Police Departme t (hereinafter "WSPD "). The DEA is authorized to enter into this cooperative
agreement conce ing the use and abuse of controlled substances under the provisions of 21
U.S.C. § 873.
WHEREAS there is evidence that trafficking in controlled substance pharmaceuticals and/or
listed chemicals exists in the 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 bel w:
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 ttnd/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 tcj 21 U.S.C. Section 878.
5. To accomplish the objectives of the Orlando Tactical Diversion Squad Task Force, DEA
will assign one (1) Group Supervisor, at least two (2) Special Agents and two (2) Diversion
Investigators to :he 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, hnd equipment to support the activities of the DEA Special Agents and WSPD
r ,
officers assigned the Task Force. This support will include: vehicles, office space, office
supplies, travel fu ds, funds for the purchase of evidence and information, investigative
equipment, traini g, and other support items, as available DCFA funds permit. Task Force
officers must rec d their work hours via DEA's activity reporting system.
6. During the per od of assignment to the Orlando Tactical Diversion Squad Task Force, the
WSPD will be re ponsible for establishing the salary and benefits, including overtime, of the
officers assigned o 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 equivale t to 25 percent of the salary of a GS -12, step 1, (RUS) Federal employee
(currently $ 17,2 2.25), per officer.
7. In no event wi I the WSPD charge any indirect cost rate to DEA for the administration or
implementation this agreement.
8. The WSPD sIlall maintain on a current basis complete and accurate records and accounts of
all obligations an expenditures of funds under this agreement in accordance with generally
accepted account$ng 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 authoriized agents and representatives, any and all records, documents, accounts,
invoices, receipt or expenditures relating to this agreement. The WSPD shall maintain all such
reports and recor s until all litigation, claims, audits, and examinations are completed and
resolved, or for period of three (3) years after termination of this agreement, whichever is later.
10. The WSPD phall comply with Title VI of the Civil Rights Act of 1964, Section 504 of the
Rehabilitation A t 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 grees 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 Responsib lity Matters; and Drug -Free Workplace Requirements. The WSPD
acknowledges t t 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 issui g statements, press releases, requests for proposals, bid solicitations, and other
documents desc 'bing projects or programs funded in whole or in part with Federal money, the
WSPD shall cle rly 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.
i
1 3
1
13. All sharing o federally forfeited property will be done in accordance with the U.S.
Department of Ju tice policies and procedures as set forth in Guide to Equitable Sharing for State
and Local Law E forcement Agencies (April 2009). Every effort will be made by DEA to make
a fair and imparti 1 distribution of federally forfeited assets. Among members of the Tactical
Diversion Squad ask Force, sharing of federally forfeited property will be based on the number
of officers each p rticipating agency assigned to the Tactical Diversion Squad Task Force. In
investigations wh re agencies not comprising the Tactical Diversion Squad Task Force
participate in the nvestigation leading to the seizure and federal forfeiture of assets, sharing will
be determined on, he 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 so ces of information, and the critical nature of the assistance to the investigation.
ti
At the discretion f DEA, equitable sharing distributions with non - Tactical Diversion Squad
Task Force agenc es may also be based on the number of work hours expended by the non -
Tactical Diversio Squad Task Force in the investigation.
14. The term of this agreement shall be effective from the date specified in the opening
paragraph until September 30, 2012. 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 ofithe date of termination of this agreement. DEA will be responsible only for
obligations incur4ed by WSPD during the term of this agreement.
For the Drug Enforcement Administration:
�� - ,., - / Date: c i(5X
A s k R. Trouvi
Special Agent in Charge
Miami Field Division
For the Winter Springs Police Department:
-^- P a Date: g - Q - /
Kevin P. Brunell
Chief
For the City of Winter Springs:
Date: 0Yv i
K in L. Smi
City Manager
f �� U.S. DEPARTMENT OF JUSTICE
.VI' • OFFICE OF JUSTICE PROGRAMS
`•- .r... OFFICE OF THE COMPTROLLER
CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION AND
OTHER RESPONSIBILITY MATTERS; AND DRUG -FREE WORKPLACE REQUIREMENTS
Applicants should refer the regulations cited below to determine the certification to which they are required to
attest. Applicants shout also review the instructions for certification included in the regulations before completing this
from. Signature of this rm 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 Requ rements for Drug -Free Workplace (Grants)." The certifications shall be treated as a material
representation of fact ur on 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 1 52, Title 31 of the U.S. Code, and statutes or commission of embezzlement, theft forgery,
implemented at 28 CFR art 69, for persons entering into a bribery, falsification or destruction of records, making false
grant or cooperative agre ment over $100,000, as de at statements, or receiving stolen property;
28 CFR Part 69, the applic nt certifies that:
(c) Are not presently indicted for or otherwise criminally or
(a) No Federal appropria funds have been paid or will be civilly charged by a governmental entity (Federal, State, or
paid, by or on behalf of t 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 employe of a Member of Congress in con- (d) Have not within a three -year period preceding this applica-
nection with the making o any Federal grant, the entering into tion had one or more public transactions (Federal, State, or
of any cooperative agre meet, and extension, continuation, local) terminated for cause or default; and
renewal, amendment, or modification of any Federal 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 dfficer or employee of any agency, a
Member of Congress, an !officer or employee of Congress or 3. DRUG - FREE WORKPLACE
an employee of a Membe of Congress in connection with this (GRANTEES OTHER THAN INDIVIDUALS)
Federal grant or cooperate agreement, the undersigned shall
complete and submit St ndard Form - LLL, "Disclosure of As required by the Drug -Free Workplace Act of 1988, and
Lobbying Activities," in a rdance 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 for all subawards A. The applicant certifies that it will or will continue to provide
at all tiers (including sut grants, contracts under grants and a drug -free workplace by:
cooperative agreements, nd 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 SUSNSION, AND OTHER workplace and specifying the actions that will be taken against
RESPONSIBILITY MA' I ERS employees for violation of such prohibition;
(DIRECT RECIPIENT)
(b) Establishing an on -going drug -free awareness program to
As required by Execute Order 12549 Debarment and inform employees about -
Suspension, and implemented at 28 CFR rrt 67, for prospec-
tive participants in prima covered transactions, as defined at (1) The dangers of drugs abuse in the workplace;
28 CFR Part 67, Section 6.510-
A. The applicant certifies hat 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 deb rred, suspended, proposed for debar- assistance programs; and
ment declared ineligible sentenced to a denial of Federal
benefits by a State or deral court, or voluntarily excluded (4) The penalties that may be imposed upon employees for
from covered transacts ns 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 thr e-year period preceding this apptica- in the performance of the grant be given a copy of the state -
tion been convicted of or ad a civil judgment rendered against ment required by paragraph (a);
them for commission of f and or a criminal offense in connec-
tion with obtaining, attemp ing 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 th statement; and
(2) Notify the employer in riting of his or her conviction for a
violation of a criminal dru statute occurring in the workplace
no later than five calendar ays after such conviction;
(e) Notifying, the agency, n writing, within 10 calendar days
after receiving notice un er subparagraph (d)(2) from an Check ❑ if there are workplace on file that are not identified
employee or otherwise re iving actual notice of such convic- here.
tion. Employers of convi ed 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. 2 531. Notice shall include the iden- fiscal year. A copy of which should be included with each ap-
tification number(s) of each affected grant; plication for Department of Justice funding. States and State
agencies may elect to use OJP Form 4061/7.
(f) Taking one of the fo lowing 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 w, o is so convicted- 4061/7.
(1) Taking appropriate p rsonnel action against such an
employee, up to and inclu in termination consistent with the DRUG - FREE WORKPLACE
requirements of the Rehabilitation Act of 1973, as amended; or (GRANTEES WHO ARE INDIVIDUALS)
•
(2) Requiring such emplo ee 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 at 28 CFR Part 67, Subpart F, for grantees, as
such purposes by a Feder I, State, or local health, law enforce- de at 28 CFR Part 67; Sections 67.615 and 67,620 -
ment, or other appropriate gency;
A. As a condition of the grant I certify that 1 will not engage
(g) Making a good faith a ort to continue to maintain a drug- in the unlawful manufacture d istribution, dispensing, posses -
free workplace through i plementation 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 ins art in the space provided below the B. If convinced of a criminal drug offense resulting from a
site(s) for the performande of work done in connection with violation occurring during the conduct of any grant activity, 1
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 (Strleet 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 Alddress:
Chief Kevin P. $
Winter Springs Police Department
300 N. Moss Rd. Winter Springs, FL 32708
2. Application Number 4nd /or Project Name 3. Grantee IRSNendor Number
Kevin P. Brunel e, Chief
4. Typed Name and Tit of Authorized Representative
gi
5. Signature 6. Date
1
� 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 lo 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 Lobbyin " 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 ujon reliance will be placed when the Department of Justice determines to award the
covered transaction, gre nt, or cooperative agreement.
i
1. LOBBYING 1 public (Federal, State, or local) transaction or contract under a
publi statutes c transaction; mmission of embezzlement violation of Federal or State antitrust
As required by Section 1 52, Title 31 of the U.S. Code, and or co, theft, forgery,
implemented at 28 CFR art 69, for persons entering nto a bribery, falsification or destruction of records, making false
grant or cooperative agre ment over $100,000, as defined at statements, or receiving stolen property;
28 CFR Part 69, the applic nt certifies that:
(c) Are not presently indicted for or otherwise criminally or
(a) No Federal apppropria funds have been paid or will be civilly charged by a governmental entity (Federal, State, or
paid, by or on behalf of t e 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 employe of a Member of Congress in con- (d) Have not within a three -year period preceding this applica-
nection with the making o any Federal grant, the entering into tion had one or more public transactions (Federal, State, or
of any cooperative agre ment, and extension, continuation, local) terminated for cause or default; and
renewal, amendment, or odification of any Federal grant or
cooperative agreement; i B. Where the applicant is unable to certify to any of the
statements in this ficat
(b) If any funds other th n 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 fficer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or 3. DRUG - FREE WORKPLACE certi ion, he or she shall attach an
an employee of a Membe of Congress in connection with this (GRANTEES OTHER THAN INDIVIDUALS)
Federal grant or cooperat e agreement, the undersigned shall
complete and submit St ndard Form - LLL, 'Disclosure of As required by the Drug -Free Workplace Act of 1988, and
Lobbying Activities," in acc rdance with its instructions; implemented at 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.B15 and 67.620 -
tification be included in the award documents for all subawards A. The applicant certifies that it will or will continue to provide
at all tiers (including sut grants, 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
2. DEBARMENT SUB PENSION, AND OTHER use of a controlled substance is prohibited in the grantee's
workplace and specifying the actions that will be taken against
RESPONSIBILITY MAT1ERS employees for violation of such prohibition;
(DIRECT RECIPIENT)
jb 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 t rt 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 hat it and its principals: (2) 's n adrug -free workplace;
(3) Any The grantee available drug policy counseling maintai rehabilitation , and employee
(a) Are not presently deb rred, suspended, proposed for debar- assistance programs; and
ment declared ineligible sentenced to a denial of Federal
benefits by a State or deral court, or voluntarily excluded (4) The penalties that may be imposed upon employees for
from covered transacts ns by any Federal department drug abuse violations occurring in the workplace;
or agency;
Have not within a thr e- preceding applica- jc) Ma
d ear a civil judgment it a requirement that grant eacbe h given employee a copy of to be engaged
(b) been convicted of or ad 'ud eriod ment ecedin rendered this a a ainst in the performance the the
1 9 9 ment required by paragraph (a);
them for commission of f and 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 fa) that, as a condition of employment under the
grant, the employee will -
OJP FORM 4061/6 (3 -91) REPLA:,ES OJP FORMS 4061/2, 4062/3 AND 4061/4 WHICH ARE OBSOLETE.
P-
4 * j
(1) Abide by the terms of t e statement; and
(2) Notify the employer in riting of his or her conviction for a
violation of a criminal dru statute occurring in the workplace
no later than five calendar ays after such conviction;
(e) Notifying, the agency, in writing, within 10 calendar days
after receiving notice under subparagraph (d)(2) from an Check ❑ if there are workplace on file that are not identified
employee or otherwise re eiving actual notice of such convic- here.
tion. Employers of convi ed employees must provide notice
including position title to Department of Justice, Office of Section 67, 630 of the regulations provides that a grantee that
Justice Programs, ATTN: Control Desk, 633 Indiana Avenue, is agencies a State may may el elect ect to to use make OJP one Form certi
ion in each Federal
N.W. Washington D.C. 2 531. Notice shall include the iden- fiscal year. A copy of which should be included with each ap-
tification number(s) of each affected grant; plication for Department of Justice funding. States and State
(f) Taking one of the fo lowing 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 p rsonnel action against such an
employee, up to and inclu ing termination consistent with the DRUG - FREE WORKPLACE
requirements of the Rehabi itafion Act of 1973, as amended; or (GRANTEES WHO ARE INDIVIDUALS)
(2) Requiring such emplo ee 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 at 28 CFR Part 67, Subpart F, for grantees, as
such purposes by a Feder I, State, or local health, law enforce- defined at 28 CFR Part 67; Sections 67.615 and 67.620 -
ment, or other appropriate gency;
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 n 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:
•
Kevin L. Smith
1126 East SR 434
Winter Springs, r L 32708
2. Application Number and /or Project Name 3. Grantee IRSNendor Number
Kevin L. Smith, ity Manager
4. Typed Name and Titl�
YP of Authorized Representative
g /Jo /1,
/ / ..1___L
5. Signal 6. Date
•
f .