HomeMy WebLinkAboutUS Department of Justice, Drug Enforcement Administration - Tactical Diversion Task Force Agreement - 2011 06 20RECEIVED JUN 23 1011
TACTICAL DIVERSION TASK FORCE AGREEMENT
This agreement is made this 20th day of June 2011, between the United States Department of
Justice, Drug Enforcement Administration (hereinafter "DEA "), and the City of Winter Springs
Police Department (hereinafter "WSPD ").
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 below:
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 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 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 to the Orlando Tactical Diversion Squad
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 a DEA supervisory Special Agent
assigned to the Task Force.
3. The WSPD officer 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 officer assigned to the Task Force shall be deputized as Task Force Officers of
DEA pursuant to 21 U.S.C. 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 pursuant to 21 U.S.C. Section 878, while on duty and acting within the
scope of their federal employment, to the extent permitted by the Federal Tort Claims Act.
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 the 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, and equipment to support the activities of the AEA Special Agents and WSPD
officers assigned to the Task Force. This support will include: vehicles, office space, office
supplies, travel funds, funds for the purchase of evidence and information, investigative
equipment, training, and other support items, as available DCFA funds permit. Task Force
officers 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 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 officer assigned to the Orlando Tactical Diversion Squad 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 audits and examinations are completed and resolved, or for a period
of three (3) years after termination of this agreement, whichever is sooner.
10. The WSPD shall comply with Title VI of the Civil Rights Act of 1964, Section 504 of the
Rehabilitation Act of 1973, the Age Discrimination Act of 1975, as amended, and all
requirements imposed by or pursuant to the regulations of the United States Department of
Justice implementing those laws, 28 C.F.R. Part 42, Subparts C, F, G, H and 1.
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 clearly 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.
13. 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. Among members of the Tactical
Diversion Squad Task Force, sharing of federally forfeited property will be based on the number
of officers each participating agency assigned to the Tactical Diversion Squad Task Force. In
investigations where agencies not comprising the Tactical Diversion Squad Task Force
participate in the investigation leading to the seizure and federal forfeiture of assets, sharing will
be determined on the 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 sources of information, and the critical nature of the assistance to the investigation.
At the discretion of DEA, equitable sharing distributions with non - Tactical Diversion Squad
Task Force agencies may also be based on the number of work hours expended by the non -
Tactical Diversion Squad Task Force in the investigation.
14. The term of this agreement shall be from the date of signature by representatives of both
parties to September 30, 2011. This agreement may be terminated by either party on thirty days'
advance written notice. Billings for all outstanding obligations must be received by DEA within
90 days of the date of termination of this agreement. DEA will be responsible only for
obligations incurred by WSPD during the term of this agreement.
For the Drug Enforcement Administration:
/ Date:
Trouville
ecial Agent in Charge
Miami Field Division
For the Winter Springs Police Department:
4= l /.3� Date:
Kevin P. Brunelle
Chief
For the City of Winter Springs:
fz:i�z
Kev' L. Smith
City Manager
Date: _ 6 2 3li
s J 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. 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
As required by Section 1352, Title 31 of the U.S. Code, and
implemented at 28 CFR Part 69, for persons entering_ into a
grant or cooperative agreement over $100,000, as dened at
28 CFR Part 69, the applicant certifies that:
(a) No Federal appropriate funds have been paid or will be
paid, by or on behalf of the undersigned, to any person for in-
fluencing or attempting to influence an officer or employee of
any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in con-
nection with the making of any Federal grant, the entering into
of any cooperative agreement, and extension, continuation,
renewal, amendment, or modification of any Federal grant or
cooperative agreement;
(b) If any funds other than Federal appropriated funds have
bbeen 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
an employee of a Member of Congress in connection with this
Federal grant or cooperative agreement, the undersigned shall
complete and submit Standard Form - LLL, "Disclosure of
Lobbying Activities," in accordance with its instructions;
(c) The undersigned shall require that the language of this cer-
tification be included in the award documentsior all subawards
at all tiers (including subgrants, contracts under grants and
cooperative agreements, and subcontracts) and that all sub -
recipients shall certify and disclose accordingly.
2. DEBARMENT SUSPENSION, AND OTHER
RESPONSIBILIT`a3 MATTERS
(DIRECT RECIPIENT)
As required by Executive Order 12549 Debarment and
Suspension, and implemented at 28 CFR ¢rt 67, for prospec-
tive participants in primary covered transactions, as defined at
28 CFR Part 67, Section 67.510 -
A. The applicant certifies that it and its principals:
(a) Are not presently debarred, suspended, proposed for debar-
ment, declared ineligible sentenced to a denial of Federal
benefits by a State or federal court, or voluntarily excluded
from covered transactions by any Federal department
or agency;
(b) Have not within a three -year period preceding this applica-
tion been convicted of or had a civil judgment rendered against
them for commission of fraud or a criminal offense in connec-
tion with obtaining, attempting to obtain, or performing a
public (Federal, State, or local) transaction or contract under a
public transaction; violation of Federal or State antitrust
statutes or commission of embezzlement, theft forgery,
bribery, falsification or destruction of records, making false
statements, or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or
civilly charged by a governmental entity Federal, State, or
locaQ with commission of any of the offenses enumerated in
paragraph (1)(b) of this certification; and
d) Have not within a three -year period preceding this applica-
ion had one or more public transactions (Federal, State, or
local) terminated for cause or default; and
B. Where the applicant is unable to certify to any of the
statements in this certification, he or she shall attach an
explanation to this application.
(GRANTEES OTHERT HAN INDIVIDUALS)
As required by the Drug Free Workplace Act of 1988, and
implemented at 28 CFR Part 67, Subpart F, for grantees as
defined at 28 CFR Part 67 Sections 67.615 and 67.620 -
A. The applicant certifies that it will or will continue to provide
a drug -free workplace by:
(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
workplace and specifyin the actions that will be taken against
employees for violation o� such prohibition;
(b) Establishing an on -going drug -free awareness program to
inform employees about -
(1) The dangers of drugs abuse in the workplace;
(2) The grantee's policy of maintaining a drug -free workplace;
(3) Any available drug counseling, rehabilitation, and employee
assistance programs; and
(4) The penalties that may be imposed upon employees for
drug abuse violations occurring in the workplace;
(c) Making it a requirement that each employee to be engaged
in the performance of the grant be given a copy of the state-
ment required by paragraph (a);
(d) Notifyin 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;
V (e Notifying, the agency, in writing, within 10 calendar days
a er receiving notice under subparagraph (d)(2) from an
employee or otherwise receiving actual notice off such convic-
tion. Employers of convicted employees must provide notice
including position tale to: Department of Justice, Office o)
Justice Programs, ATtN: Control Desk, 633 Indiana Avenue,
N.W., Washington D.C. 20531. Notice shall include the iden-
tification number(s) of each affected grant;
(f) Taking one of the following actions, within 30 calendar
days of receiving notice under subparagraph (d)(2), with
respect to any employee who is so convicted -
(1) Taking appropriate personnel action against such an
employee, up to and including termination consistent with the
requirements of the Rehabilitafion Act of 193, as amended; or
Check ❑ if there are workplace on file that are not identified
here.
Section 67, 630 of the regulations provides that a grantee that
is a State may elect to make one certification in each Federal
fiscal year. A copy of which should be included with each ap-
plication for Department of Justice funding. States and State
agencies may elect to use OJP Form 4061/7.
Check D if the State has elected to complete OJP Form
4061/7.
DRUG -FREE WORKPLACE
(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;
(g) Making a good faith effort to continue to maintain a dru -
tree workplace through implementation of paragraphs (a), (b�,
(c), (d), (e), and (f).
B. The grantee may insert in the space provided below the
site(s) for the performance of work done in connection with
the specific grant:
Place of Performance (Street address, city, country, state, zip
code)
A. As a condition of the grant I certify that I will not engage
in the unlawful manufacture distribution, dispensing, posses-
sion, or use of a control)ed substance in condition any
activity with the grant; and
B. If convinced of a criminal drug offense resulting from a
violation occurring during the conduct of anyy grant activity, I
will report the conviction, in writing within 10 calendar days
of the conviction, to: Department of Justice, Office of Justice
Programs, ATTN: Control Desk, 633 Indiana Avenue, N.W.,
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 IRS/Vendor Number
Kevin P. Brunelle, Chief
4. Typed Name and Title of Authorized Representative
5. Signature
6. Date
a
1 ��.� >. U.S. DEPARTMENT OF JUSTICE
t 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
As required by Section 1352 Title 31 of the U.S. Code, and
implemented at 28 CFR Par{ 69, for persons entering into a
grant or cooperative agreement over $100,000, as defined at
28 CFR Part 69, the applicant certifies that:
(a) No Federal appropriate funds have been paid or will be
paid, by or on behalf of the undersigned, to any person for in-
fluencing or attempting to influence an officer or employee of
any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in con-
nection with the making of any Federal grant, the entering into
of any cooperative agreement, and extension, continuation,
renewal, amendment, or modification of any Federal grant or
cooperative agreement;
(b) If any funds other than Federal appropriated funds have
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
an employee of a Member of Congress in connection with this
Federal grant or cooperative agreement, the undersigned shall
complete and submit Standard Form - LLL, "Disclosure of
Lobbying Activities," in accordance with its instructions;
(c) The undersigned shall require that the language of this cer-
fification be included in the award documents for all subawards
at all tiers (including subgrants, contracts under grants and
cooperative agreements, and subcontracts) and that all sub -
recipients shall certify and disclose accordingly.
2. DEBARMENT SUSPENSION, AND OTHER
RESPONSIBILITY MATTERS
(DIRECT RECIPIENT)
As required by Executive Order 12549 Debarment and
Suspension, and implemented at 28 CFR Prt 67, for prospec-
tive participants in primary covered transactions, as defined at
28 CFR Part 67, Section 67.510 -
A. The applicant certifies that it and its principals:
(a) Are not presently debarred, suspended, proposed for debar-
ment, declared ineligible sentenced to a denial of Federal
benefits by a State or federal court, or voluntarily excluded
from covered transactions by any Federal department
or agency;
(b) Have not within a three -year period preceding this applica-
fion been convicted of or had a civil judgment rendered against
them for commission of fraud or a criminal offense in connec-
tion with obtaining, attempting to obtain, or performing a
public (Federal, State, or local) transaction or contract under a
public transaction; violation of Federal or State antitrust
statutes or commission of embezzlement, theft, forgery,
bribery, falsification or destruction of records, making false
statements, or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or
civil) charged by a governmental entity Federal, State, or
loca6 with commission of any of the offenses enumerated in
paragraph (1)(b) of this certification; and
(d) Have not within a three -year period preceding this applica-
tion had one or more public transactions (Federal. State, or
local) terminated for cause or default; and
B. Where the applicant is unable to certify to any of the
statements in this certification, he or she shall attach an
explanation to this application.
3. DRUG -FREE WORKPLACE
(GRANTEES OTHER THAN INDIVIDUALS)
As required by the Drug Free Workplace Act of 1988, and
implemented ai 28 CFR Part 67, Subpart F, for grantees, as
defined at 2B CFR Part 67 Sections 67.615 and 67.620 -
A. The applicant certifies that it will or will continue to provide
a drug -free workplace by:
(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
workplace and specifying the actions that will be taken against
employees for violation of such prohibition;
(b) Establishing an on -going drug -free awareness program to
Infform employees about -
(1) The dangers of drugs abuse in the workplace;
(2) The grantee's policy of maintaining a drug -free workplace;
(3) Any available drug counseling, rehabilitation, and employee
assistance programs; and
(4) The penalties that may be imposed upon employees for
drug abuse violations occurring in the workplace;
(c) Making it a requirement that each employee to be engaged
in the performance of the grant be given a copy of the state-
ment required by paragraph (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
employee or otherwise receiving actual notice of such convic-
tion. Employers of convicted employees must provide notice,
including position title to: Department of Justice, Office of
Justice Programs, ATtN: Control Desk, 633 Indiana Avenue,
N,W., Washington D.C. 20531. Notice shall include the iden-
tification number(sj of each affected grant;
(f) Taking one of the following actions, within 30 calendar
days of receiving notice under subparagraph (d)(2), with
respect to any employee who is so convicted -
(1) Taking appropriate personnel action against such an
employee, up to and including termination consistent with the
requirements of the Rehabilitafion Act of 193, as amended; or
(2) Requiring such employee to participate satisfactorily in a
drug abuse assistance or rehabilitation program approved for
such purposes by a Federal, State, or local health, law enforce-
ment, or other appropriate agency;
g) Making a good faith effort to continue to maintain a dru -
ree workplace through implementation of paragraphs (a), (b�,
(c), (d), (e), and (f).
B. The grantee may insert in the space provided below the
site(s) for the performance of work done in connection with
the specific grant:
Place of Performance (Street address, city, country, state, zip
code)
Check U if there are workplace on file that are not identified
here.
Section 67, 630 of the regulations provides that a grantee that
is a State may elect to make one certification in each Federal
fiscal year. A copy of which should be included with each ap-
plication for Department of Justice funding. States and State
agencies may elect to use OJP Form 406117.
Check ❑ if the State has elected to complete OJP Form
406117.
DRUG -FREE WORKPLACE
(GRANTEES WHO ARE INDIVIDUALS)
As required by the Dru Free Workplace Act of 1988, and
implemented at 28 CFR Part 67, Subpart F, for ggrantees, as
defined at 28 CFR Part 67; Sections 67.615 and 67.620-
A. As a condition of the grant I certify that I will not engage
in the unlawful manufacture, distribution, dispensing, posses-
sion, or use of a controlled substance in condition any
activity with the grant; and
B. If convinced of a criminal drug offense resulting from a
violation occurring during the conduct of anyy grant activity. I
will report the conviction, in writing within 10 calendar days
of the conviction, to: Department of Justice, Office of Justice
Programs, ATTN: Control Desk, 633 Indiana Avenue, N.W.,
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
Kevin L. Smith, City Manager
4. Typed Name and Title of Authorized Representative
5. Sign
3. Grantee IRS/Vendor Number
6. Date
oeGagme,,
w
U. S. Department of Justice
Drug Enforcement Administration
Orlando District Office
300 International Parkway, Suite 424
Heathrow, FL 32746
June 30, 2011
Chief Kevin P. Brunelle
Winter Springs Police Department
300 N. Moss Rd.
Winter Springs, FL 32708
Dear Chief B�e:
Enclosed is a copy of the fully executed FY 2011 Tactical Diversion Task Force Agreement for your
files.
Sincerely,
?A-�
Jeffrey T. Walsh
Assistant Special Agent in Charge
Enclosure