HomeMy WebLinkAboutUS Department of Justice, Drug Enforcement Administration - Tactical Diversion Task Force Agreement - 2012 08 17 .
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HE9EIVE0 MI6 17 7B12
TACTICAL DIVERSION TASK FORCE AGREEMENT
This a reement is made this 1st day of October,2012,between the United States Department of Justice,
Drug forcement Administration(hereinafter"DEA"),and the City of Winter Springs Police
Depa ment(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.
WHERIEAS there is evidence that trafficking in controlled substance pharmaceuticals and/or listed
chemicals 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 Orlando Tactical Diversion Squad Task Force will perform the activities and duties
described below:
a. Investigate,disrupt and dismantle individuals and/or organizations involved in diversion
schemgs(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 and/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 Ignited 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 to 21 U.S.C. Section 878. DEA acknowledges that the United States is liable for the wrongful or
negligent acts or omissions of its officers and employees, including Task Force Officers duly sworn
pursua'l t to 21 U.S.C. Section 878,while on duty and acting within the scope of their federal
emplo ent,to the extent permitted by the Federal Tort Claims Act.
5. To .ccomplish the objectives of the Orlando Tactical Diversion Squad Task Force,DEA will assign
one(1 Group Supervisor,two(2)Special Agents and two(2)Diversion Investigators to the Task Force.
DEA ill also,subject to the availability of annual Diversion Control Fee Account(DCFA)funds or any
contin ing resolution thereof,provide necessary funds,vehicles,and equipment to support the activities
of the a EA Special Agents and WSPD officers assigned to the Task Force. This support will include:
vehicle.,office space,office supplies,travel funds,funds for the purchase of evidence and information,
investi:.ative equipment,training,and other support items,as available DCFA funds permit. Task Force
officer- must record their work hours via DEA's activity reporting system.
..
6. During the period of assignment to the Orlando Tactical Diversion Squad Task Force,the WSPD
will be responsible for establishing the salary and benefits,including overtime,of the officers assigned to
the Tasi Force,and for making all payments due them.DEA will,subject to availability of funds,
reimbu se the agency/department for overtime payments made by it to WSPD officers assigned to the
Orlan+o Tactical Diversion Squad Task Force for overtime,up to a sum equivalent to 25 percent of the
salary 1,f a GS-12,step 1,(RUS)Federal employee(currently$17,202.25),per officer. Note: Task
Force /fficer's overtime "Shall not include any costs for benefits,such as retirement, FICA,and other
expens•s."
7. In n' event will the WSPD charge any indirect cost rate to DEA for the administration or
imple entation of this agreement.
8. The WSPD shall maintain on a current basis complete and accurate records and accounts of all
obligat ons and expenditures of funds under this agreement in accordance with generally accepted
accoun ing principles and instructions provided by DEA to facilitate on-site inspection and auditing of
such re ords and accounts.
9. The WSPD shall permit and have readily available for examination and auditing by DEA,the United
States n epartment of Justice,the Comptroller General of the United States,and any of their duly
authori•ed agents and representatives,any and all records,documents,accounts, invoices,receipts or
expend tures relating to this agreement. The WSPD shall maintain all such reports and records until all
audits . d 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
Rehabi itation Act of 1973,the Age Discrimination Act of 1975, as amended,and all requirements
impose by or pursuant to the regulations of the United States Department of Justice implementing those
laws,2 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 to the WSPD by DEA 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 in part with Federal money,the WSPD
shall cl arly state: (1)the percentage of the total cost of the program or project which will be financed
with F deral money and(2)the dollar amount of Federal funds for the project or program.
13. Al sharing of federally forfeited property will be done in accordance with the U.S.Department of
Justice olicies and procedures as set forth in Guide to Equitable Sharing for State and Local Law
Enforc ment Agencies(April 2009). Every effort will be made by DEA to make a fair and impartial
distrib tion of federally forfeited assets. Among members of the Tactical Diversion Squad Task Force,
sharin of federally forfeited property will be based on the number of officers each participating agency
assigne to the Tactical Diversion Squad Task Force. In investigations where agencies not comprising
the Ta ical Diversion Squad Task Force participate in the investigation leading to the seizure and federal
forfeit of assets,sharing will be determined on the ultimate qualitative value of the information
provid d to the Tactical Diversion Squad Task Force. In making the distribution determination,DEA will
take in consideration the originator of the information,the development and/or use of confidential
inform nts or sources of information,and the critical nature of the assistance to the investigation. At the
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discretion of DEA,equitable sharing distributions with non-Tactical Diversion Squad Task Force
agenci4s may also be based on the number of work hours expended by the non-Tactical Diversion Squad
Task F rce in the investigation.
14. Th- term of this agreement shall be effective from the date in paragraph number one until September
30,20 3. 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 of the date of termination
of this :greement. DEA will be responsible only for obligations incurred by WSPD during the term of
this ag eement.
For the Drug Enforcement Administration:
/eL . - Date: 6--/?"--/,,
!rk .Trouville
/pecia Agent in Charge
Miami I field Division
For the Winter Springs Police D partment:
k:.,...:6g Date: g'G/D._
Kevin P.Brunelle
Chief
For the City of Winter Springs:
7 Date:
Kevin . mith
City M nager
i
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U.S. DEPARTMENT OF JUSTICE
, OFFICE OF JUSTICE PROGRAMS
OFFICE OF THE COMPTROLLER
CERTI ICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION AND
OTHER RE PONSIBILITY MATTERS; AND DRUG-FREE WORKPLACE REQUIREMENTS
Applicants s ould refer to the regulations cited below to determine the certification to which they are required to
attest. Appli ants should also review the instructions for certification included in the regulations before completing this
from. Signal 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 wide Requirements for Drug-Free Workplace(Grants)." The certifications shall be treated as a material
representati n of fact upon reliance will be placed when the Department of Justice determines to award the
covered trap ction,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 -t 28 CFR Part 69, for persons entering into a bribery, falsification or destruction of records, making false
grant or coop rative agreement over 5100,000, 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 Feder-I 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 t - making of any Federal grant, the entering into (ion 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 dment, or modification of any Federal grant or
cooperative ag eement; B. Where the applicant is unable to certify to any of the
(b) If any funks other than Federal appropriated funds have
statements tin o this certification, he or she shall attach an
been paid or ill be paid to any person fr influencing or at- explanation to this application.
tempting to in uence an officer or employee of any agency, a
Member of C•ngress, 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 Achy ties,"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 67.620-
(c) The under 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 (including 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. DEBARM NT SUSPENSION,AND OTHER workplace and specifying the actions that will be taken against
R IBI ITIf MATTERS employees for violation of such prohibition;
(DIRECT RE•IPIENT)
(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 fart 67, for prospec-
tive participan. in primary covered transactions, as defined at (1) The dangers of drugs abuse in the workplace;
28 CFR Part 6 ,Section 67.510-
A. The appli -nt 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 pr:sently debarred, suspended, proposed for debar- assistance programs;and
ment declare' 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 cover•• 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 m the performance of the grant be given a copy of the state-
(ion been con icted of or had a civil judgment rendered against ment required by paragraph(a);
them for com ission of fraud or a criminal offense in connec-
tion with obtai 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-
'
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 fi e calendar days after such conviction;
(e) Notifying, , 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 'otherwise receiving actual notice of such convic- here.
tion. Employ:rs of convicted employees must provide notice
including pos ion title to: Department of Justice, Office of Section 67, 630 of the regulations provides that a grantee that
Justice Progr-ms, 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 num..=r(s)of each affected grant; plication for Department of Justice funding. States and Slate
agencies may elect to use OJP Form 4061/7.
(f) Taking o • of the following actions, within 30 calendar
days of re riving 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 Pf 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 a- istance or rehabilitation program approved for implemented al 28 CFR Part 67, Subpart F, for grantees, as
such purpose• 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
.o
(g) Making a od faith effort to continue to maintain a drug- in the unlawful manufacture distribution, dispensing, posses-
free work la.. 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 grantee may insert in the space provided below the B. If convinced of a criminal drug offense resulting from a
site(s) for th= performance of work done in connection with violation occurring during the conduct of any grant activity, I
the specific gr nt: will report the conviction, in writing within 10 calendar days
of the conviction, to: Department of Justice, Office of Justice
Place of Perfi rmance (Street address, city, country, state, zip Programs, ATTN: Control Desk, 633 Indiana Avenue, N.W.,
code) Washington, D.C.20531.
I
i
As the duly a thorized representative of the applicant, I hereby certify that the applicant will comply with the above certifications.
1. Grantee Name and Address:
Chef K vin P. Brunelle
Winter prings Police Department
300 N. oss Rd. Winter Springs, FL 32708
2. Applicatibn Number and/or Project Name 3. Grantee IRSNendor Number
Kevin P. Brunelle, Chief
4. Typed Name and Title of Authorized Representative
,Z(.34grurs," (9'4s/ 2—
5. Signature 6. Date
i1
•
' 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 to the regulations cited below to determine the certification to which they are required to
attest. Appli ants should also review the instructions for certification included in the regulations before completing this
from. Signa ure of this form provides for compliance with certification requirements under 28 CFR Part 69,"New
Restrictions in 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 :t 28 CFR Pad 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:
(a) No Feder appropriate funds have been paid or will be (c) Are not presently indicted for or otyyherwise criminally or
paid, by or o behlf f the undersigned, to any person for in- local) wthrcommission of any of the offensesdenumerated in
fluencing or empting to influence an officer or employee of paragraph(1)(b)of this certification;and
any agency, - 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 t e making of any Federal grant, the entering into Lion had one or more public transactions (Federal, State, or
of any coop_rative agreement, and extension, continuation, local)terminated for cause or default;and
renewal, ame dment, or modification of any Federal grant or
cooperative a•reement; B. Where the applicant is unable to certify to any of the
statements in this certification, he or she shall attach an
(been any fun is other than Federal appropriated funds have explanation to this application.
p paid any person for influencing or at-
tempting to in uence an officer or employee of any agency, a
Member of C ngress, an officer or employee of Congress, or 3. DRUG-FREE WORKPLACE
an employee •if a Member of Congress in connection with this (GRANTEES OTHER THAN INDIVIDUALS)
Federal grant or cooperative agreement, the undersigned shall
complete an. submit Standard Form - LLL, "Disclosure of As required by the Drug-Free Workplace Act of 1988, and
Lobbying Acti ities,"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 (i cluding 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. DEBARMNT SUSPENSION,AND OTHER workplace and specifying the actions that will be taken against
DERECT RECIPIET 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 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;
(3) Any available drug counseling, rehabilitation, and employee
(a)Are not presently debarred, suspended, proposed for debar- assistance programs;and
ment declared ineligible sentenced to a denial of Federal
benefits by a State or Federal court, or voluntarily excluded (4) The penalties that may be imposed upon employees for
from covered transactions by any Federal department drug abuse violations occurring in the workplace;
or agency;
(c) Making it a requirement that each employee to be engaged
(b) Have not within a three-year period preceding this applica- in the performance of the grant be given a copy of the state-
fion been convicted of or had a Civil judgment rendered against ment required by paragraph(a);
them for commission of fraud or a criminal offense in connec-
tion with obtaining,attempting to obtain,or performing a (d) Notifying the employee in the statement required by
paragraph (a) that, as a condition of employment under the
granf,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 t e terms of the statement;and
(2) Notify the °mployer in writing of his or her conviction for a
violation of a iminal drug statute occurring in the workplace
no later than fi e calendar days after such conviction;
(e) Notifying, e agency, in writing, within 10 calendar days
after receive , notice under subparagraph (d)(2) from an Check ❑ if there are workplace on file that are not identified
employee or 'therwise receiving actual notice of such conic- here.
lion. Employ.rs of convicted employees must provide notice
including pose ion title to: Department of Justice, Office of Section 67, 630 of the regulations provides that a grantee that
Justice Progr-ms, ATTN: Control Desk, 633 Indiana Avenue, is a State may elect to make one certification in each Federal
N.W., Washm'ton D.C. 20531. Notice shall include the iden- fiscal year. A copy of which should be included with each ap-
tification num•-r(s)of each affected grant; placation for Department of Justice funding. States and Slate
agencies may elect to use OJP Form 4061/7.
(f) Taking o of the following actions, within 30 calendar
days of re.-iving 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 a„ ropriate 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 a. istance or rehabilitation program approved for implemented at 28 CFR Part 67, Subpart F, for grantees, as
such purpose 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 •ood faith effort to continue to maintain a drug- in the unlawful manufacture distribution, dispensing, posses-
free works la•• through implementation of paragraphs (a), (b), sion, or use of a controlled substance in condition any
(c),(d),(e),a d(f). activity with the grant;and
B. The grant•e 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 gr:nt: will report the conviction, in writing, within 10 calendar days
of the conviction, to: Department of Justice, Office of Justice
Place of Perf ormance (Street address, city, country, state, zip Programs, ATTN: Control Desk, 633 Indiana Avenue, N.W.,
code) Washington,D.C.20531.
As the duly uthorized representative of the applicant, I hereby certify that the applicant will comply with the above certifications.
1. Grantee,Name and Address:
Kevin L1 Smith
1126 Ea4t SR 939
Winter Springs, FL 32708
2. Application Number and/or Project Name 3. Grantee IRSNendor Number
Kevin L Smith, City Manager
4. Typed ame and Title of Authorized Representative
5. Sig ature 6. Date