HomeMy WebLinkAboutUS Department of Justice, Drug Enforcement Administration - Tactical Diversion Task Force Agreement - 2013 10 01 JUL 3 1 2013
TACTICAL DIVERSION TASK FORCE AGREEMENT
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 controlled substance pharmaceuticals and/or listed
chemicals exists in the Florida area and that such illegal activity has a substantial and detrimental effect
on the health and general welfare of the people of Florida,the parties hereto agree to the following:
1. The Orlando Tactical Diversion Squad Task Force will perform the activities and duties
described below:
a. Investigate,disrupt and dismantle individuals and/or organizations involved in diversion
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(s)to the Orlando Tactical Diversion Squad Task
Force for a period of not less than two years. During this period of assignment,the WSPD officers will be
under the direct supervision and control of a DEA supervisory Special Agent assigned to the Task Force.
3. The WSPD officers assigned to the Task Force shall adhere to DEA policies and procedures.
Failure to adhere to DEA policies and procedures shall be grounds for dismissal from the Task Force.
4. The WSPD officers assigned to the Task Force shall be deputized as Task Force Officers of DEA
pursuant to 21 U.S.C. Section 878. DEA acknowledges that the United States is liable for the wrongful or
negligent acts or omissions of its officers and employees, including Task Force Officers duly sworn
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,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 DEA 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 officers 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. 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 OW 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 he based on the number ofork hours expended by the non-Tactical Diversion Squad
Task Force in the investigation.
14. The term of'this agreement shall be effective from the date in paragraph number one until September
30, 2014. This agreement may be terminated by either party on thirty days' advance written notice.
Billing for all outstanding obligations must be received by DEA within 90 days of the date of termination
of this agreement. DEA will be responsible only for obligations incurred by WSPD during the term of
this agreement.
For the Drug Bofbrecmnnt&dmiuiatmgion:
'^ .~^�^�' Date: W��w���.~�
"
;ifcial Agent in Charge
liami Field Division
For the W iter Springs Police Department:
!
Date: 7°��S--/ 3 P. Brunelle
Chief
For the City of Winter Springs:
Dub:__
Kevin Smith
City Manager
•-•' U.S.DEPARTMENT OF JUSTICE
OFFICE OF JUSTICE PROGRAMS
to 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
public(Federal,State,or local)transaction or contract under a
As required by Section 1352,Title 31 of the U.S.Code,and public transaction;violation of Federal or State antitrust statutes
implemented at 28 CFR Part 69,for persons entering into a 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 (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 4061/2,4061/3 AND 4061/4 WHICH ARE OBSOLETE.
IMOOMMIF
(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 C1 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 O if the State has elected to complete OUP Form
(f)Taking one of the following actions,within 30 calendar 406117.
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; lion,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
.MD 11, Moss Rd. ._. Winter Spri gs. FL 32708 _ _______
2.Application Number and/or Project Name 3.Grantee IRSNendor Number
Kevin P. Brunelle, Chief
4.Typed Name and Title of Authorized Representati
5.Signature '''.--: '4'26 6.Dale -..'''?S--I3 ,:
.U.S.Government Pnnbng Office.1996- 405.097/40018
U.S.DEPARTMENT OF JUSTICE
'` �VJ} 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
public(Federal,State,or local)transaction or contract under a
As required by Section 1352,Title 31 of the U.S.Code,and public transaction;violation of Federal or State antitrust statutes
implemented at 28 CFR Part 69,for persons entering into a 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 (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,
Lion 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
)}
----'''---7/ ii:f;//1
5.Signal e i - 6. Date
*U.S.Government Printing Office:1996- 405-037/40014