HomeMy WebLinkAboutUS Department of Justice, Drug Enforcement Administration - Central Florida HIDTA - 2012 07 31 r
RECEIVE- .pir ^ 2011
RECEIVED jui 311011
STATE AND LOCAL HIDTA TASK FORCE AGREEMENT
"CENTRAL FLORIDA HIDTA"
This agreement is made this 1"day of October 2012,between the United States Department of
Justice,I Drug Enforcement Administration(hereinafter "DEA"),and the City of Winter Springs
Police tepartment(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.
Where*there is evidence that trafficking in narcotics and dangerous drugs exists in the Florida
area ar41 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:
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; 4nd
C. conduct undercover operations where appropriate and engage in other traditional
method>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 a complish 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 1WSPD officers assigned to the task force shall be deputized as task force officers of
DEA pursuant to 21 USC 878.
5. To abcomplish the objectives of the DEA Heroin Task Force,DEA will assign four(4)
Special,Agents to the task force. HIDTA will also, subject to the availability of annually
appropriated funds or any continuing resolution thereof,provide necessary funds and equipment
to support the activities of the DEA Special Agents and WSPD officers assigned to the task
force. This support will include: office space,office supplies travel funds, funds for the purchase
of evidence and information, investigative equipment, training and other support items.
6. D Ong the period of assignment to the DEA Heroin Task Force,the WSPD will remain
respon ible for establishing the salaries and benefits, including overtime,of the WSPD officers
assigne 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. Note: Task Force Officer's overtime "Shall not include any costs for
benefit,such as retirement,FICA, and other expenses."
7. In n, event will the WSPD charge any indirect cost rate to DEA for the administration or
implementation of this agreement.
8. The tWSPD 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 dully authorized agents and representatives, any and all records, documents,accounts,
invoice,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. Th' 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. Th WSPD agrees that an authorized officer or employee will execute and return to DEA
the atta hed OW Form 4061/6,Certification Regarding Lobbying; Debarment,suspension and
Other esponsibility Matters; and drug-Free Workplace Requirements. The WSPD
ackno ledges that this agreement will not take effect and no federal funds will be awarded until
the co pleted certification is received.
12. When issuing statements, press releases requests for proposals,bid solicitations and other
docum nts 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
finance with federal money and (2)the dollar amount of federal funds for the program or
project.
l3. Th WSPD understands and agrees that HIDTA will provide the DEA Heroin Task Force
Officer with vehicles suitable for surveillance. HIDTA through DEA will furnish mobile radios
for ins llation in the HIDTA Task Force vehicles and HIDTA will assume the cost of
installa ion and removal. HIDTA will be financially responsible for the purchase of fuel for the
leased ehicles and for providing routine maintenance, i.e.,oil changes, lubes and minor tune-
ups via a HIDTA lease contractor. DEA and HIDTA procedures for reporting and
investi ating automobile accidents involving Official Government Vehicles (OGV'S)-HIDTA
lease v hicles shall apply to accidents involving the leased vehicles furnished to the WSPD
perso el, in addition to whatever accident reporting requirements the WSPD may have.
14. ile on duty and acting on task force business,the WSPD officers assigned to the HIDTA
task fore shall be subject to all DEA and federal government rules,regulations and procedures
govemi g 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 fore officer,while on duty and acting within the scope of their federal employment,to the
extent rmitted by the Federal Torts Claim Act.
1
15. All sharing of federally forfeited property will be done in accordance with the U.S.
Departr;ient 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.
I
16. long members of the Orlando District Office HIDTA Task Force(ODOHTF), sharing of
federal! 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 h urs expended by the non-ODOHTF agencies in the investigation. In investigations
where gencies not comprising the ODOHTF participate in the investigation leading to the
seizure d federal forfeiture of assets, sharing may also be determined on the ultimate
qualitat ve value of the information provided to the ODOHTF. In making the distribution
determination,DEA will take into consideration the originator of the information,the
develo ment and/or use of confidential informants or sources of information, and the critical
nature f the assistance to the investigation.
18. Eq itable sharing distributions with contributing ODOHTF agencies (e.g. independent
agency its,narcotic squads, detective squads etc.)shall be based on the number of work hours
expend i d by contributing ODOHTF agencies in the investigation. In investigations where
agencie (e.g. independent agency units,narcotic squads, detective squads etc.)comprising the
ODOH F 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 OD HTF. 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. Th term of this agreement shall be effective from the date in paragraph number one until
Septem er 30,2013. This agreement may be terminated by either party on 30 days advance
written otice. Billing for all outstanding obligations must be received by DEA within 90 days of
the dat of termination of this agreement. HIDTA will be responsible only for obligations
incurre by WSPD during the term of this agreement.
For thelDrug Enforcement Administration:
AO ( _�.. i Date: /,�'�z
4''. Trouvi"e
secial Agent in Charge
Miami ield Division
For the Winter Springs Police Department:
:..r 1613 Date: 7"a 7-/a
Kevin P. Brunelle
Chief
For the City of Winter Springs:
f/ Date: 7,z 7/i L
Ke ' L. Smit
City Manager
. -i
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 sh uld refer to the regulations cited below to determine the certification to which they are required to
attest. Appti nts should also review the instructions for certification included in the regulations before completing this
from. Signat re of this form provides for compliance with certification requirements under 28 CFR Part 69,"New
Restrictions n Lobbying"and 28 CFR Part 67,"Government-wide Department and Suspension (Nonprocurement)and
Government- ide Requirements for Drug-Free Workplace(Grants)." The certifications shall be treated as a material
representatio of fact upon reliance will be placed when the Department of Justice determines to award the
covered tran ction,grant,or cooperative agreement.
1
i
1. LOBBYI G public(Federal, State, or local) transaction or contract under a
public transaction; violation of Federal or State antitrust
As required b Section 1352 Title 31 of the U.S. Code, and statutes or commission of embezzlement, theft forgery,
implemented a 28 CFR Part 69, for persons entering into a bribery, falsification or destruction of records, making false
grant or coop:rative agreement over $100,000, as defined at statements,or receiving stolen property:
28 CFR Part 6',the applicant certifies that:
(c) Are not presently indicted for or otherwise criminally or
(a) No Federa 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 a empting 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 -n employee of a Member of Congress in con- (d) Have not within a three-year period preceding this applica-
nection with th- making of any Federal grant, the entering into Pion had one or more public transactions (Federal, State, or
of any coope ative agreement, and extension, continuation, local)terminated for cause or default;and
renewal, amen.ment, or modification of any Federal grant or
cooperative ag eement; 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 funs other than Federal appropriated funds have explanation to this application.
been paid or ill be paid to any person for influencing or at-
tempting to in ence an officer or employee of any agency, a
Member of Co gress, an officer or employee of Congress, or 3. DRUG-FREE WORKPLACE
an employee • a Member of Congress in connection with this (GRANTEES OTHER THAN INDIVIDUALS)
Federal grant •r 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 Activi ies,"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 unde igned shall require that the language of this cer-
tification be in•uded in the award documents for all subawards A. The applicant certifies that it will or will continue to provide
at all tiers (in uding subgrants, contracts under grants and a drug-free workplace by:
cooperative a• eements, and subcontracts) and that all sub-
recipients sha •-rtify 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. DEBARM:NT SUSPENSION,AND OTHER workplace and specifying the actions that will be taken against
RESPONSIBI IT/MATTERS employees for violation of such prohibition;
(DIRECT REC PIENT)
(b) Establishing an on-going drug-free awareness program to
As required •y Executive Order 12549 Debarment and Inform employees about-
Suspension, a d implemented at 28 CFR FM 67, for prospec-
tive participant in primarryy covered transactions, as defined at (1) The dangers of drugs abuse in the workplace;
28 CFR Part 6 ,Section 67.510-
(2) The grantee's policy of maintaining a drug-free workplace;
A. The appli -nt certifies that it and its principals:
(3) Any available drug counseling, rehabilitation, and employee
(a) Are not pre-ently debarred,suspended, proposed for debar- assistance programs;and
ment declare. ineligible sentenced to a denial of Federal
benefits by a -tate 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 ithin a three-year period preceding this applica- in the performance of the grant be given a copy of the state-
tion been cony cted of or had a civil judgment rendered against ment required by paragraph(a);
them for corn ission of fraud or a criminal offense in connec-
tion with obtain ng,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
i grant,the employee will-
- I
OJP FORM 4061/6(3.91)REPLACES OJP FORMS 4061/2,4062/3 AND 4061/4 WHICH ARE OBSOLETE.
1
(1) Abide by th- terms of the statement;and
(2) Notify the :mployer in writing of his or her conviction for a
violation of a i riminal drug statute occurring in the workplace
no later than fi calendar days after such conviction;
(e) Notifying, t e agency, in writing, within 10 calendar days
after receivin. notice under subparagraph (d)(2) from an Check ❑ if there are workplace on file that are not identified
employee or o herwise receiving actual notice of such convic- here.
tion. Employe of convicted employees must provide notice
including posit on 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., Washin• on D.C. 20531. Notice shall include the iden- fiscal year. A copy of which should be included with each ap-
tification numb:r(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 on of the following actions, within 30 calendar
days of recei ing notice under subparagraph (d)(2), with Check ❑ if the State has elected to complete OJP Form
respect to any mployee who is so convicted- 4061/7.
(1) Taking ap•ropriate personnel action against such an
employee, up o and including termination consistent with the DRUG-FREE WORKPLACE
requirements o the Rehabilitation Act of 1973,as amended;or (GRANTEES WHO ARE INDIVIDUALS)
(2) Requiring •uch employee to participate satisfactorily in a As required by the Drug-Free Workplace Act of 1988, and
drug abuse a -istance 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.ppropriate agency;
A. As a condition of the grant I certify that I will not engage
(g) Making a •ood 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),an• (f). activity with the grant;and
B. The grante- 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 gra t: will report the conviction, in writing, within 10 calendar days
of the conviction, to: Department of Justice, Office of Justice
Place of Perfo ance (Street address, city, country, state, zip Programs, ATTN: Control Desk, 633 Indiana Avenue, N.W.,
code) Washington, D.C.20531.
1
As the duly au horized representative of the applicant, I hereby certify that the applicant will comply with the above certifications.
III
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
,Z........., fidame.,..4.11 7-a7y g_
5. Signature 6. Date
U.S.DEPARTMENT OF JUSTICE
Z /. 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. LOBBY! G public(Federal, State, or local) transaction or contract under a
public transaction; violation of Federal or State antitrust
As required b Section 1352, Title 31 of the U.S. Code, and statutes or commission of embezzlement, theft forgery,
implemented - 28 CFR Part 69, for persons entering into a bribery, falsification or destruction of records, making false
grant or coop=rative agreement over $100,000, as defined at statements,or receiving stolen property;
28 CFR Part 6',the applicant certifies that:
(c) Are not presently indicted for or otherwise criminally or
(a) No Federa 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 a empting 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 .n employee of a Member of Congress in con- (d) Have not within a three-year period preceding this applica-
nection with th making of any Federal grant, the entering into lion had one or more public transactions (Federal, State, or
of any coope ative agreement, and extension, continuation, local)terminated for cause or default;and
renewal, ame •ment, or modification of any Federal grant or
cooperative ag eement; 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 fun•s other than Federal appropriated funds have explanation to this application.
been paid or ill be paid to any person for influencing or at-
tempting to influence an officer or employee of any agency, a
Member of Co gress, an officer or employee of Congress, or 3. DRUG-FREE WORKPLACE
an employee •f a Member of Congress in connection with this (GRANTEES OTHER THAN INDIVIDUALS)
Federal grant .r 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 Activi ies,"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 unde -igned shall require that the language of this cer-
tification be in•luded in the award documents for all subawards A. The applicant certifies that it will or will continue to provide
at all tiers (in luding subgrants, contracts under grants and a drug-free workplace by:
cooperative a•reements, and subcontracts) and that all sub-
recipients shal 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. DEBARM NT SUSPENSION,AND OTHER workplace and specifying the actions that will be taken against
RESPONSIBI ITY MATTERS employees for violation of such prohibition;
(DIRECT RE ri PIENT)
(b) Establishing an on-going drug-free awareness program to
As required •y Executive Order 12549 Debarment and inform employees about-
Suspension, a d implemented at 28 CFR Prt 67, for prospec-
tive participant in primary covered transactions, as defined at (1) The dangers of drugs abuse in the workplace;
28 CFR Part 6 ,Section 6.510-
(2) The grantee's policy of maintaining a drug-free workplace;
A. The appli -nt certifies that it and its principals:
(3) Any available drug counseling, rehabilitation, and employee
(a)Are not pre-ently debarred,suspended,proposed for debar- assistance programs;and
men! declare. ineligible sentenced to a denial of Federal
benefits by a tate 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 ithin a three-year period preceding this applica- in the performance of the grant be given a copy of the state-
tion been cony cted of or had a civil judgment rendered against ment required by paragraph(a);
them for corn ission of fraud or a criminal offense in connec-
tion with obtain ng,attempting to obtain,or performing a (d) Notifying the employee in the statement required by
paragraph ja) 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 convic- here.
Lion. Employers of convicted employees must provide notice
including posit on 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 lo and including termination consistent with the DRUG-FREE WORKPLACE
requirements o 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 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 d in the unlawful manufacture distribution, dispensing, posses-
free work lace 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
5. Signat,j7 6. Date