HomeMy WebLinkAboutUS Department of Justice, Drug Enforcement Administration - Central Florida HIDTA - 2013 10 01 JUL 3 1 2013
STATE AND LOCAL HIDTA TASK FORCE AGREEMENT
"CENTRAL FLORIDA HIDTA"
This agreement is made this 1st day of October 2013, between the United States Department of
Justice, Drug Enforcement Administration (hereinafter "DEA"), and the City of Winter Springs
Police Department(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.
Whereas there is evidence that trafficking in narcotics and dangerous drugs 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 DEA Orlando HIDTA Heroin Task Force will perform the activities and duties
described below:
a. 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; 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 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 WSPD officers assigned to the task force shall be deputized as task force officers of
DEA pursuant to 21 USC 878.
5. To accomplish 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. During the period of assignment to the DEA Heroin Task Force, the WSPD will remain
responsible for establishing the salaries and benefits, including overtime, of the WSPD officers
assigned 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
officers 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
benefits, such as retirement, FICA, and other expenses."
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 litigation, claim, audits and 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
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. 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 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 part with federal money, the
WSPD shall clearly state: (1)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 program or
project.
13. The WSPD understands and agrees that HIDTA will provide the DEA Heroin Task Force
Officers with vehicles suitable for surveillance. HIDTA through DEA will furnish mobile radios
for installation in the HIDTA Task Force vehicles and HIDTA will assume the cost of
installation and removal. HIDTA will be financially responsible for the purchase of fuel for the
leased vehicles and for providing routine maintenance, i.e., oil changes, lubes and minor tune-
ups via the HIDTA lease contractor. DEA and HIDTA procedures for reporting and
investigating automobile accidents involving Official Government Vehicles (OGV'S)-HIDTA
lease vehicles shall apply to accidents involving the leased vehicles furnished to the WSPD
personnel, in addition to whatever accident reporting requirements the WSPD may have.
14. While on duty and acting on task force business, the WSPD officers assigned to the HIDTA
task force shall be subject to all DEA and federal government rules, regulations and procedures
governing 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 force officer, while on duty and acting within the scope of their federal employment, to the
extent permitted by the Federal Torts Claim Act.
15. 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.
16. Among members of the Orlando District Office HIDTA Task Force (ODOHTF), sharing of
federally 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 hours expended by the non-ODOHTF agencies in the investigation. In investigations
where agencies not comprising the ODOHTF 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 ODOHTF. 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.
18. Equitable sharing distributions with contributing ODOHTF agencies (e.g. independent
agency units, narcotic squads, detective squads etc.) shall be based on the number of work hours
expended by contributing ODOHTF agencies in the investigation. In investigations where
agencies (e.g. independent agency units, narcotic squads, detective squads etc.) comprising the
ODOHTF 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 ODOHTF. 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. The term of this agreement shall be effective from the date in paragraph number one until
September 30, 2014. This agreement may he terminated by either part)' on 30 days advance
written notice. Billing for all outstanding obligations must be received by DEA within 90 days of
the date of termination of this agreement. }l11}TA will be responsible only for obligations
incurred by WSPD during the teun of this agreement.
For the Drug Enforcement Administration:
Date:
. rouville
//24/3
--
(cial Agent in Charge
Miami Field Division
For the Winter Springs Police Department:
/2..:())1,,,,,.1/ Date:
K vin P. Brunelle
Chief
For the City ot Wink.r Springs:
Date: � ��
. .//-_ "//
Kcv' L. Sinn,
City Manager
U.S.DEPARTMENT OF JUSTICE
• r; 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
form. 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 Debarment and Suspension (Nonpro-curement) and
Government-wide Requirements for Drug-Free Workplace (Grants)."The certifications shall be treated as a material
representation of fact upon which 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 Code,and public(Federal,State,or local)transaction or contract under a
As required at Section
CFR Part Title for persons U.S..S.Code,
into and public transaction;violation of Federal or State antitrust statutes
grant or cooperative agreement over$100,000,as defined at or commission ti embezzlement,theft,records,
28 CFR Part 69,the applicant certifies that: bribery,nts,falsification vi destruction of records,making false
statements,or receiving stolen property;
(a)No Federal appropriated funds have been paid or will be (c)Are not presently indicted for or otherwise criminally or
paid, by or on behalf of the undersigned,to any person for in- civilly charged by a governmental entity(Federal,State,or
fluencing or attempting to influence an officer or employee of any local)with commission of any of the offenses enumerated in
agency,a Member of Congress,an officer or employee of paragraph(1)(b)of this certification;and
Congress,or an employee of a Member of Congress in con-
nection with the making of any Federal grant,the entering into (d)Have not within a three-year period preceding this applica-
of any cooperative agreement, and the extension,continuation, tion had one or more public transactions(Federal,State,or
renewal,amendment,or modification of any Federal grant or local)terminated for cause or default;and
cooperative agreement;
B.Where the applicant is unable to certify to any of the
(b)If any funds other than Federal appropriated funds have statements in this certification,he or she shall attach an
been paid or will be paid to any person for influencing or at- explanation to this application.
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 3.DRUG-FREE WORKPLACE
Federal grant or cooperative agreement,the undersigned shall (GRANTEES OTHER THAN INDIVIDUALS)
complete and submit Standard Form-LLL, "Disclosure of
Lobbying Activities," in accordance with its instructions; As required by the Drug-Free Workplace Act of 1988,and
(c)The undersigned shall require that the language of this cer- implemented at 28 CFR Part 67,Subpart F,for grantees,as
tification be included in the award documents for all subawards defined at 28 CFR Part 67 Sections 67.615 and 67.620—
at all tiers(including subgrants,contracts under grants and A.The applicant certifies that it will or will continue to provide
cooperative agreements,and subcontracts)and that all sub- a drug-free workplace by
recipients shall certify and disclose accordingly.
(a)Publishing a statement notifying employees that the
unlawful manufacture,distribution,dispensing,possession,or
2.DEBARMENT,SUSPENSION,AND OTHER use of a controlled substance is prohibited in the grantee's
workplace and specifying the actions that will be taken against'
RESPONSIBILITY MATTERS employees for violation of such prohibition;
(DIRECT RECIPIENT) (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 Part 67,for prospec- (1)The dangers of drug abuse in the workplace;
five participants in primary covered transactions,as defined at (2)The grantee's policy of maintaining a drug-free workplace;
28 CFR Part 67, Section 67.510—
A. The applicant certifies that it and its principals: (3)Any available drug counseling,rehabilitation,and employee
assistance programs;and
(a)Are not presently debarred, suspended, proposed for debar- (4)The penalties that may be imposed upon employees for
ment, declared ineligible,sentenced to a denial of Federal drug abuse violations occurring in the workplace;
benefits by a State or Federal court, or voluntarily excluded
from covered transactions by any Federal department (c)Making it a requirement that each employee to be engaged
or agency; in the performance of the grant be given a copy of the state-
ment required by paragraph(a);
(b)Have not within a three-year period preceding this applica-
tion been convicted of or had a civil judgment rendered against (d)Notifying the employee in the statement required by para-
them for commission of fraud or a criminal offense in connec- graph(a)that,as a condition of employment under the grant,
tion with obtaining,attempting to obtain,or performing a the employee will-
OJP FORM 4061/6(3-91)REPLACES OJP FORMS 406112,4061/3 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;
Check ❑ if there are workplaces on file that are not indentified
(e)Notifying the agency,in writing,within 10 calendar days here.
after receiving notice under subparagraph(d)(2)from an Section 67,630 of the regulations provides that a grantee that
employee or otherwise receiving actual notice of such convic-tion. is a State may elect to make one certification in each Federal
Employers of convicted employees must provide notice,including fiscal year.A copy of which should be included with each ap-
position title,to: Department of Justice,Office of plication for Department of Justice funding.States and State
Justice Programs,ATTN:Control Desk,633 Indiana Avenue, agencies may elect to use OJP Form 4061/7.
N.W.,Washington,D.C.20531.Notice shall include the iden-
tification number(s)of each affected grant; Check ❑ if the State has elected to complete OJP Form
(f)Taking one of the following actions,within 30 calendar 4061/7.
days of receiving notice under subparagraph(d)(2),with
respect to any employee who is so convicted— DRUG-FREE WORKPLACE
(1)Taking appropriate personnel action against such an (GRANTEES WHO ARE INDIVIDUALS)
employee, up to and including termination,consistent with the As required by the Drug-Free Workplace Act of 1988,and
requirements of the Rehabilitation Act of 1973,as amended;or implemented at 28 CFR Part 67,Subpart F,for grantees,as
(2)Requiring such employee to participate satisfactorily in a defined at 28 CFR Part 67;Sections 67.615 and 67.620—
drug abuse assistance or rehabilitation program approved for A.As a condition of the grant, I certify that I will not engage
such purposes by a Federal,State,or local health,law enforce- in the unlawful manufacture,distribution,dispensing,posses-
ment,or other appropriate agency; sion,or use of a controlled substance in conducting any
(g)Making a good faith effort to continue to maintain a drug- activity with the grant;and
free workplace through implementation of paragraphs(a),(b), B. If convicted of a criminal drug offense resulting from a
(c),(d),(e),and(f). violation occurring during the conduct of any grant activity,I
B.The grantee may insert in the space provided below the will report the conviction,in writing,within 10 calendar days
site(s)for the performance of work done in connection with of the conviction,to:Department of Justice,Office of Justice
the specific grant: Programs,ATTN:Control Desk,810 Seventh Street NW.,
Washington, DC 20531.
Place of Performance(Street address,city,county,state,zip
code)
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
j e
5.Signature 6. Date
.U.S.Government Printing Office:1996- 405-037/40014
•
U.S.DEPARTMENT OF JUSTICE
1.'‘W : 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
form. 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 Debarment and Suspension (Nonpro-curement) and
Government-wide Requirements for Drug-Free Workplace (Grants)." The certifications shall be treated as a material
representation of fact upon which 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 Code,and public(Federal,State,or local)transaction or contract under a
implemented at Section
CFR Part Title for persons U.S..S.Code,
into and public transaction;violation of Federal or State antitrust statutes
or commission of embezzlement,theft,forgery,
grant or cooperative agreement over$100,000,as defined at bribery,falsification or destruction of records,making false
28 CFR Part 69,the applicant certifies that: statements,or receiving stolen property;
(a) No Federal appropriated funds have been paid or will be (c)Are not presently indicted for or otherwise criminally or
paid, by or on behalf of the undersigned,to any person for in- civilly charged by a governmental entity(Federal,State,or
fluencing or attempting to influence an officer or employee of any local)with commission of any of the offenses enumerated in
agency,a Member of Congress,an officer or employee of paragraph(1)(b)of this certification;and
Congress,or an employee of a Member of Congress in con-
nection with the making of any Federal grant,the entering into (d)Have not within a three-year period preceding this applica-
of any cooperative agreement, and the extension,continuation, tion had one or more public transactions(Federal,State,or
renewal,amendment,or modification of any Federal grant or local)terminated for cause or default;and
cooperative agreement;
B.Where the applicant is unable to certify to any of the
(b) If any funds other than Federal appropriated funds have statements in this certification,he or she shall attach an
been paid or will be paid to any person for influencing or at- explanation to this application.
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 3.DRUG-FREE WORKPLACE
Federal grant or cooperative agreement,the undersigned shall (GRANTEES OTHER THAN INDIVIDUALS)
complete and submit Standard Form-LLL, "Disclosure of
Lobbying Activities,"in accordance with its instructions; As required by the Drug-Free Workplace Act of 1988,and
(c)The undersigned shall require that the language of this cer- implemented at 28 CFR Part 67,Subpart F,for grantees,as
tification be included in the award documents for all subawards defined at 28 CFR Part 67 Sections 67.615 and 67.620—
at all tiers(including subgrants,contracts under grants and A.The applicant certifies that it will or will continue to provide
cooperative agreements,and subcontracts)and that all sub- a drug-free workplace by:
recipients shall certify and disclose accordingly.
(a)Publishing a statement notifying employees that the
unlawful manufacture,distribution,dispensing,possession,or
2.DEBARMENT,SUSPENSION,AND OTHER use of a controlled substance is prohibited in the grantee's
workplace and specifying the actions that will be taken against
RESPONSIBILITY MATTERS employees for violation of such prohibition;
(DIRECT RECIPIENT) (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 Part 67,for prospec- (1)The dangers of drug abuse in the workplace;
tive participants in primary covered transactions,as defined at
28 CFR Part 67, Section 67.510— (2)The grantee's policy of maintaining a drug-free workplace;
A. The applicant certifies that it and its principals: (3)Any available drug counseling,rehabilitation,and employee
assistance programs;and
(a)Are not presently debarred, suspended, proposed for debar- (4)The penalties that may be imposed upon employees for
ment, declared ineligible, sentenced to a denial of Federal drug abuse violations occurring in the workplace;
benefits by a State or Federal court, or voluntarily excluded
from covered transactions by any Federal department (c)Making it a requirement that each employee to be engaged
or agency; in the performance of the grant be given a copy of the state-
ment required by paragraph(a);
(b) Have not within a three-year period preceding this applica-
tion been convicted of or had a civil judgment rendered against (d)Notifying the employee in the statement required by para-
them for commission of fraud or a criminal offense in connec- graph(a)that,as a condition of employment under the grant,
tion with obtaining,attempting to obtain,or performing a the employee will-
OJP FORM 4061/6(3-91)REPLACES OJP FORMS 4061/2,4061/3 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;
Check ❑ if there are workplaces on file that are not indentified
(e)Notifying the agency,in writing,within 10 calendar days here.
after receiving notice under subparagraph(d)(2)from an Section 67,630 of the regulations provides that a grantee that
employee or otherwise receiving actual notice of such convic-tion. is a State may elect to make one certification in each Federal
Employers of convicted employees must provide notice,including fiscal year.A copy of which should be included with each ap-
position title,to: Department of Justice,Office of plication for Department of Justice funding.States and State
Justice Programs,ATTN:Control Desk,633 Indiana Avenue, agencies may elect to use OJP Form 4061/7.
N.W.,Washington,D.C.20531.Notice shall include the iden-
tification number(s)of each affected grant; Check ❑ if the State has elected to complete OJP Form
(f)Taking one of the following actions,within 30 calendar 4061/7.
days of receiving notice under subparagraph(d)(2),with
respect to any employee who is so convicted— DRUG-FREE WORKPLACE
(1)Taking appropriate personnel action against such an
(GRANTEES WHO ARE INDIVIDUALS)
employee,up to and including termination,consistent with the As required by the Drug-Free Workplace Act of 1988,and
requirements of the Rehabilitation Act of 1973,as amended;or implemented at 28 CFR Part 67,Subpart F,for grantees,as
(2)Requiring such employee to participate satisfactorily in a defined at 28 CFR Part 67;Sections 67.615 and 67.620—
drug abuse assistance or rehabilitation program approved for A.As a condition of the grant, I certify that I will not engage
such purposes by a Federal,State,or local health,law enforce- in the unlawful manufacture,distribution,dispensing,posses-
ment,or other appropriate agency; sion,or use of a controlled substance in conducting any
(g)Making a good faith effort to continue to maintain a drug- activity with the grant;and
free workplace through implementation of paragraphs(a),(b), B. If convicted of a criminal drug offense resulting from a
(c),(d),(e),and(f). violation occurring during the conduct of any grant activity, I
B.The grantee may insert in the space provided below the will report the conviction,in writing,within 10 calendar days
site(s)for the performance of work done in connection with of the conviction,to:Department of Justice,Office of Justice
the specific grant: Programs,ATTN:Control Desk,810 Seventh Street NW.,
Washington, DC 20531.
Place of Performance(Street address,city,county,state,zip
code)
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 IRS/Vendor Number
Kevin L. Smith, City Manager
4.Typed Name and Title of Authorized Representative
/ j
5.Sign* rtf e / 6. Date
'U.S.Government Printing Office:1996- 405-037/40014