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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