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HomeMy WebLinkAbout2010 03 22 Consent 202 Approval of Forfeiture Equitable Sharing Agreement COMMISSION AGENDA Informational ITEM 202 Consent X Public Hearings Regular March 22, 2010 ,/! Regular Meeting Mgr. / Dept. Authorization REQUEST: The Police Department requests the City Commission to review and approve the attached Forfeiture Equitable Sharing Agreement and the attached addendum to that agreement and allow the City Manager to execute these agreements on behalf of the city. SYNOPSIS: The city is currently involved with the Drug Enforcement Agency's HIDTA (Heroin Interdiction Drug Task Force) through the Orlando district office and, as a result, receives benefits from being a member, including the equitable sharing of material property or currency seized under forfeiture proceedings. The current agreement was signed and became effective October 1, 2009 and remains so until September 30, 2010 when it will be renewed. The attached addendum to the existing Equitable Sharing Agreement outlines how the distribution of assets is divided between organizations that have participating members in the task force and those agencies that do not. The Winter Springs Police Department is a participating member of the HIDTA with one full -time agent assigned to the task force. CONSIDERATIONS: The addendum to the existing equitable sharing agreement does not affect the operation of the police department or the city. Due to recent Department of Justice (DOJ) guidelines changes it is now required to formalize asset distribution and notify all participatory and non - participatory agencies of this addendum. FISCAL IMPACT: None. COMMUNICATIONS EFFORTS: None required. RECOMMENDATIONS: The Police Department requests the City Commission to review and approve the attached Forfeiture Equitable Sharing Agreement and the attached addendum to that agreement and allow the City Manager to execute these agreements on behalf of the city. ATTACHMENTS: A. Copy of the addendum as reviewed by city attorney Garganese's office prior to being submitted with this packet. B. Copy of the State and Local HIDTA Task Force Agreement signed and effective October 1, 2009. ATTACHMENT "A" ADDENDUM This is an addendum to the Agreement, dated October 01, 2009, between the United States Department of Justice, Drug Enforcement Administration (DEA), and the Winter Springs Police Department (WSPD). 1. The term of the Agreement shall be from October 1, 2009 through September 30, 2010. 2. Except as modified by this addendum, the October 01, 2009, Agreement between DEA and the Winter Springs Police Department shall remain in full force and effect. MODIFICATIONS: Asset Sharing Orlando District Office HIDTA Heroin Task Force 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 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. 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. 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. For the Drug Enforcement Administration Date: Mark R. Trouville Special Agent in Charge Miami Field Division For the City of Winter Springs Date: City Manager, Kevin L. Smith '-• U.S. DEPARTMENT OF JUSTICE f . 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 public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust As required by Section 1352 Title 31 of the U.S. Code, and statutes or commission of embezzlement, theft forgery, implemented at 28 CFR Part 69, for persons entering into a bribery, falsification or destruction of records, making false grant or cooperative agreement over $100,000, as defined at statements, or receiving stolen property; 28 CFR Part 69, the applicant certifies that: (c) Are not presently indicted for or otherwise criminally or (a) No Federal 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 attempting 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 an employee of a Member of Congress in con - (d) Have not within a three -year period preceding this applica- nection with the making of any Federal grant, the entering into Pion had one or more public transactions (Federal, State, or of any cooperative agreement, and extension, continuation, local) terminated for cause or default; and renewal, amendment, or modification of any Federal grant or cooperative agreement; B. Where the applicant is unable to certify to any of the If any funds appropriated statements in this certification, he or she shall attach an bb ee been pad u u will ot h paid than n Federal a pp p riated funds have explanation to this application. p p 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 3. DRUG - FREE WORKPLACE an employee of a Member of Congress in connection with this (GRANTEES OTHER THAN INDIVIDUALS) Federal grant or 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 Activities," in accordance with its instructions; implemented at 28 CFR Part 67, Subpart F for grantees as (c) The undersigned shall require that the language of this cer- defined at 28 CFR Part 67 Sections 67.615 and 67.620 - tification be included 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 shall 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. DEBARMENT SUSPENSION, AND OTHER 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 I 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- tion 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 grant, the employee will - OJP FORM 4061/6 (3 -91) REPLACES OJP FORMS 4061/2, 4062/3 AND 4061/4 WHICH ARE OBSOLETE. (1) Abide by the terms of the statement; and (2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; (e) Notifying, the agency, in writing, within 10 calendar days after receiving notice under subparagraph (d)(2) from an Check ❑ if there are workplace on file that are not identified employee or otherwise receiving actual notice of such convic- here. tion. Employers of convicted employees must provide notice including position title to: Department of Justice, Office o) Section 67, 630 of the regulations provides that a grantee that Justice Programs, ATTN: Control Desk, 633 Indiana Avenue, is a State may elect to make one certification in each Federal N.W., Washington D.C. 20531. Notice shall include the iden- fiscal year. A copy of which should be included with each ap- tification number(s) of each affected grant; plication for Department of Justice funding. States and State agencies may elect to use OJP Form 4061/7. (f) Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (d)(2), with Check ❑ if the State has elected to complete OJP Form respect to any employee who is so convicted- 4061/7. (1) Taking appropriate personnel action against such an employee, up 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 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; A. As a condition of the grant 1 certify that I will not engage (g) Making a good faith effort to continue to maintain a drug- in the unlawful manufacture distribution, dispensing, posses - free workplace through implementation of paragraphs (a), (b), sion, or use of a controlled substance in condition any (c), (d), (e), and (f). activity with the grant; and B. The grantee may insert in the space provided below the B. If convinced of a criminal drug offense resulting from a site(s) for the performance of work done in connection with violation occurring during the conduct of any grant activity, I the specific grant: will report the conviction, in writing within 10 calendar days of the conviction, to: Department of Justice, Office of Justice Place of Performance (Street address, city, country, state, zip Programs, ATTN: Control Desk, 633 Indiana Avenue, N.W., code) Washington, D.C. 20531. As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above certifications. 1. Grantee Name and Address: City Manager, Kevin L. Smith 1126 East SR 434 Winter Springs, Florida 32708 2. Application Number and /or Project Name 3. Grantee IRSNendor Number Kevin L. Smith, City Manager 4. Typed Name and Title of Authorized Representative 5. Signature 6. Date ATTACHMENT "B" 17-14- 09P03:59. RCVD STATE AND LOCAL HIDTA TASK FORCE AGREEMENT "CENTRAL FLORIDA HIDTA" This agreement is made this 1 day of October 2009, between the United States Department of Justice, Drug Enforcement Administration (hereinafter "DEA "), and the Winter Springs Police Department (hereinafter "WSPD "). 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 Orlando 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 $ 16,903.25, 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 Winter Springs Police Department 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 ._.ler 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, 28 U.S.C. 2401 (b) 2671 -2680. 15. The term of this agreement shall be from the date of signature by representatives of both parties to September 30, 2010. This agreement may be terminated by either party on 30 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. HIDTA will be responsible only for obligations incurred by WSPD during the term of this agreement. For the Drug Enforcement Administration: Date: 44y rk R. rouville Special Agent in Charge Miami Field Division For the Winter Springs Police Department: Date: -.3 U-6 1Oa Kevin P. Brunelle � Chief . • . ADDENDUM This is an addendum to the Agreement, dated October 01, 2009, between the United States Department of Justice, Drug Enforcement Administration (DEA), and the Winter Springs Police Department (WSPD). 1. The term of the Agreement shall be from October 1, 2009 through September 30, 2010. 2. Except as modified by this addendum, the October 01, 2009, Agreement between DEA and the Winter Springs Police Department shall remain in full force and effect. MODIFICATIONS: Asset Sharing Orlando District Office HIDTA Heroin Task Force 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 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. 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. 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. For the Drug Enforcement Administration Date: Mark R. Trouville Special Agent in Charge Miami Field Division For the City of Winter Springs Date: March 24, 2010_ Cit imager, K vin L. Smith • U.S. DEPARTMENT OF JUSTICE J 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 public (Federal State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust As required by Section 1352 Title 31 of the U.S. Code, and statutes or commission of embezzlement theft forgery, implemented at 28 CFR Part 69, for persons entering into a bribery, falsification or destruction of records, making false grant or cooperative agreement over $100,000, as de - fined at statements, or receiving stolen property; 28 CFR Part 69, the applicant certifies that: (c) Are not presently indicted for or otherwise criminally or (a) No Federal appropriate funds have been paid or will be civilly charged by a govemmental 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 attempting 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 an employee of a Member of Congress in con- (d) Have not within a three -year period preceding this applica- nection with the making of any Federal grant, the entering into fion had one or more public transactions (Federal, State, or of any cooperative agreement, and extension, continuation, local) terminated for cause or default; and renewal, amendment, or modification of any Federal grant or cooperative agreement; B. Where the applicant is unable to certify to any of the statements in this certification, he or she shall attach an (b) If any funds other than Federal appropriated funds have explanation to this application. 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 3. DRUG -FREE WORKPLACE an employee of a Member of Congress in connection with this (GRANTEES OTHER THAN INDIVIDUALS) Federal grant or cooperative agreement, the undersigned shall complete and submit Standard Fomi - LLL, Disclosure of As required by the Drug -Free Workplace Act of 1988, and Lobbying Activities," 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 undersigned shall require that the language of this cer- tiflcation be included in the award documents 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 shall 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. DEBARMENT SUSPENSION, AND OTHER 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 Prt 67, for prospec- tive participants in pnmary 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 occumng 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 - (ion been convicted of or had a cavil 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 gran the employee will - OJP FORM 4061/6 (3 -91) REPLACES OJP FORMS 4061/2, 4062/3 AND 4061 /4 WHICH ARE OBSOLETE. (1) Abide by the terms of the statement; and (2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; (e Notifying, the agency, in writing, within 10 calendar days after receiving notice under subparagraph (d)(2) from an Check ❑ if there are workplace on file that are not identified employee or otherwise receiving actual notice of such convic- here. tion. Employers of convicted employees must provide notice including position title to: Department of Justice, Office o) Section 67, 630 of the regulations provides that a grantee that Justice Programs, ATTN: Control Desk, 633 Indiana Avenue, is a State may elect to make one certification in each Federal N.W., Washington D.C. 20531. Notice shall include the iden- fiscal year. A copy of which should be included with each ap- tification number(s) of each affected grant; plication for Department of Justice funding. States and State agencies may elect to use OJP Form 4061/7. (f) Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (d)(2), with Check ❑ if the State has elected to complete OJP Form respect to any employee who is so convicted- 4061/7. (1) Taking appropriate personnel action against such an employee, up 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 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; A. As a condition of the grant I certify that I will not engage (g) Making a good faith effort to continue to maintain a drug- in the unlawful manufacture distribution, dispensing, .posses - free workplace through implementation of paragraphs (a), (b), sion, or use of a controlled substance in condition any (c), (d), (e), and (f). activity with the grant; and B. The grantee may insert in the space provided below the B. If convinced of a criminal drug offense resulting from a site(s) for the performance of work done in connection with violation occurring during the conduct of any grant activity, 1 the specific grant: will report the conviction, in writing within 10 calendar days of the conviction, to: Department of Justice, Office of Justice Place of Performance (Street address, city, country, state, zip Programs, ATTN: Control Desk, 633 Indiana Avenue, N.W., code) Washington, D.C. 20531. As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above certifications. 1. Grantee Name and Address: City Manager, Kevin L. Smith 1126 East SR 434 Winter Springs, Florida 32708 2. Application Number and /or Project Name 3. Grantee IRSNendor Number Kevin L. Smith, City Mana &er 4. Typed Name and Title of Authorized Representative 32 rl 4 /U I 5. S' ature 6. Date ATTACHMENT "B" )7-14-09P03:59_ RCVD STATE AND LOCAL HIDTA TASK FORCE AGREEMENT "CENTRAL FLORIDA HIDTA" This agreement is made this 1 32. day of October 2009, between the United States Department of Justice, Drug Enforcement Administration (hereinafter "DEA "), and the Winter Springs Police Department (hereinafter "WSPD "). 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 Orlando 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 $ 16,903.25, 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 Winter Springs Police Department 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 tb 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 _.yer 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, 28 U.S.C. 2401 (b) 2671 -2680. 15. The term of this agreement shall be from the date of signature by representatives of both parties to September 30, 2010. This agreement may be terminated by either party on 30 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. HIDTA will be responsible only for obligations incurred by WSPD during the term of this agreement. For the Drug Enforcement Administration: Date: W, rk R. rouville Special Agent in Charge Miami Field Division For the Winter Springs Police Department: .�-- e &AA Date: --TL. c•-6 clot? Kevin P. Brunelle Chief