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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