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2011-92Law Enforcement Sensitive U.S. Department of Justice United States Attorney Organized Crime Drug Enforcement Task Forces Florida Caribbean Region 99 Northeast 4th Street Miami, FL 33132 Fax: 305 530 -6166 November 17, 2011 Clermont Police Department Captain Jon Johnson 865 W. Montrose Street Clermont, FL 34711 Subject: Organized Crime Drug Enforcement Task Forces ( OCDETF) State and Local Overtime and Authorized Expense Agreement for Fiscal Year 2012 Dear Captain Johnson: The Florida Caribbean Region OCDETF Regional Coordination Group has approved an OCDETF Agreement for the Clermont Police Department under the following terms: OCDETF Case #: FC /FLM /0880, No Fly Zone Dates of the Agreement: 10/01/2011 through 09/30/2012 (Fiscal Year 2012) Funding Amount: $2,550 Sponsoring Federal Agency: DEA At no time should your State or Local agency exceed the approved funding noted above. "Please note that the approved funding amount may be less than the amount originally submitted to the Regional Coordination Group. Initial funding allocations represent projections only and therefore are subject to modification by the Regional Coordination Group based upon the progress and needs of the OCDETF investigation. Federal government accounting policy requires all open obligations be reviewed and validated at the end of each quarter, therefore if no costs have been incurred within 90 days of the date of the agreement all funding could automatically be de- obligated unless an extension has been requested and has been granted in writing by the sponsoring Agency Regional OCDETF Coordinator. If additional funding or agreement modifications are necessary, a written request must be submitted by the sponsoring Agency Regional OCDETF Coordinator to the Assistant U.S. Attorney (AUSA) Regional OCDETF Coordinator prior to incurring any overtime and/or expenses. The sponsoring Federal agency and State or Local agency will be notified in writing on the status of the request. Any supplemental funding will be contingent upon availability of funds Law Enforcement Sensitive OCDETF Agreement for Fiscal Year 2012 A reimbursement request will not be deemed "submitted" unless it is completely and accurately prepared. Reimbursement requests must be submitted within 30 days of overtime worked. The requests must be approved and signed by the sponsoring Federal agency prior to being forwarded to the U.S. Attorney's office. All requests without proper signatures will be returned. Approved funds that do not have properly submitted reimbursement requests submitted on a timely basis will be de- obligated by the committee to meet other financial responsibilities. The State or Local agency is responsible for ensuring and monitoring overtime payments. These payments may not, on an annual per person basis, exceed $17,202.25 (increased to 25% of a GS -12 Step 1 Federal salary rate in effect for fiscal year beginning October 2011). The field office of the sponsoring Federal agency and the sponsoring Agency Regional OCDETF Coordinator will also monitor these payments, as stated in section 14 of the agreement. Without approval from the Regional Coordination Group and the grant of a waiver from the OCDETF Executive Office in Washington D.C. an agency may not be reimbursed in excess of $25,000.00 on any OCDETF investigation in a given year. Reimbursement requests which are not submitted for payment in a timely manner are subject to availability of funds. If you have any questions, please do not hesitate to contact your sponsoring Agency Regional OCDETF Coordinator Jides J. Salameh at 954 - 660 -4514. Very truly yours, WIFRED A. FERRE UNIT TATES AT RNEY v Mary V. "Jen " King OCDETF Coordinator Florida Caribbean Region Nov 1 7 2011 ORGANIZED CRIME DRUG ENFORCEMENT TASK FORCES FY'2012 AGREEMENT FOR THE USE OF THE STATE AND LOCAL OVERTIME AND AUTHORIZED EXPENSE / STRATEGIC INITIATIVE PROGRAM Federal Tax Identification #: 59- 6000290 DC #: Amount Requested: OCDETF Investigation / Strategic Initiative Number: FC/ .FLM -0880 $ _ 2,550. 00 Number of Officers Listed: 1 From: 10-01-2011 Beginning Date of Agreement To: 09/30/2012 Ending Date of Agreement State or Local Agency Narcotics Supervisor: Cant. Jon Johnson Telephone Number: 352 - 394 -5588 EXT. 168 E -mail Address jjohnson@clermont Fax Number: 352- 394 -1.644 Federal Agency Investigation Number GB -10 -0067 State or Local Agency Name and Address: Clermont Police Department 865 W. Montrose Street Clermont, FL 34711 Sponsoring Federal Agency: Drug Enforcement Administration OCDETF Operation Name: No Fly Zone ✓ Sponsoring Federal Agency Group /Squad Supervisor: GS Willie Hawkins ok Telephone Number: 407 -333 -7000 E -mail Address:willie f h Please provide the name, telephone number, e-mail address, and fax number for the administrative or financial staff person at the State or Local agency, who is directly responsible for the billings under this Reimbursement Agreement: Name: Laura Turk Telephone Number (with area code) 352- 394 -5588 ext .129 E -mail Address: lturk(oeleraiontfl.or Fax Number: 352 - 394 -1644 Agreement FY 12), Page 1 NOV 0 8 2011 A 1�9 T SQ ` +2-1 This agreement is between the above named State or Local law enforcement agency and the Organized Crime Drug Enforcement Task Forces ( OCDETF) Program. This agreement shall be effective when signed by an authorized State or Local agency official, the sponsoring Federal Agency Special Agent -In- Charge, the sponsoring Agency Regional OCDETF Coordinator, the Assistant United States Attorney Regional OCDETF Coordinator, and the OCDETF Executive Office. 1. It is agreed that the State or Local law enforcement officers named on this agreement will assist in OCDETF investigations, Strategic Initiatives and prosecutions as set forth in the Organized Crime Drusz Enforcement Task Forces State and Local Overtime and Authorized Expense /Strategic Initiative Programs Policies and Procedures Manual , Fiscal Year 2012. 2. No individual agreement with a State or Local department may exceed $25,000, and the cumulative amount of OCDETF State and Local overtime monies that may be expended on a single OCDETF investigation or Strategic Initiative in a single fiscal year may not exceed $50,000 without express rp for approval from the OCDETF Executive Office. The OCDETF Executive Office will entertain requests to exceed these funding levels in particular cases. Please submit a written request including justification approved by the AUSA Regional Coordinator to the OCDETF Budget Officer/Deputy Budget Officer when seeking to exceed the above stated funding levels. 3. Each Reimbursable Agreement will be allowed no more than six (6) modifications per year. In addition, if the funds for a particular agreement are completely deobligated with the intention of closing that agreement, it will not count as a modification for purposes of this policy. These amendments or changes must be transmitted by a memorandum approved and signed by the AUSA Regional OCDETF Coordinator or designee for the region and sent to the OCDETF Executive Office. 4. If an Agreement does not have any activity during the last ninety (90) days, the funds shall automatically be deobligated. The OCDETF Executive Office will assist with the monitoring of the aging Agreements. Further, if a State or Local agency indicates that it is no longer performing work under a particular Agreement, the State and Local Overtime and Authorized Expense /Strategic Initiative Programs, Policies and Procedures Manual requires that a modification memorandum identifying the amount to be deobligated be submitted to the OCDETF Executive Office as soon as possible after determining that no work is being performed. 5. The State and Local law enforcement agency must provide billing estimates or activity on a monthly basis. 6. The State or Local law enforcement agency agrees to provide experienced drug law enforcement officers who are identified in this agreement to work on the specified OCDETF investigation or Strategic Initiative. Any change in law enforcement officers assigned must be agreed to by all approving officials. Agreement (FY 12), Page 2 7. Officers who are not deputized shall possess no law enforcement authority other than that conferred by virtue of their position as a commissioned officer of their parent agency. 8. Officers who are deputized may possess Federal law enforcement authority as specified by the agency affording the deputation. 9. Any State or Local officers assigned to an OCDETF Investigation or Strategic Initiative in accordance with this agreement are not considered Federal employees and do not take on the benefits of Federal employment by virtue of their participation in the investigation or Strategic Initiative. 10. OCDETF and the sponsoring Federal law enforcement agency(ies) for the approved OCDETF investigation or Strategic Initiative will provide to the assigned State /Local officers the clerical, operational and administrative support that is mutually agreed to by the parties in this agreement. 11. Officers assigned to OCDETF investigations or Strategic Initiatives must work full - time on the investigation(s) or Strategic Initiative(s) in order to be paid overtime. In order to satisfy the "full- time" requirement, a law enforcement officer must work forty (40) hours per week or eight (8) hours per day on a single or multiple OCDETF investigation(s) or Strategic Initiative(s). Any established exceptions or waivers to this definition shall be requested by the Regional Coordination Group and attached as Addendum A to the Agreement. [The parent State or Local agency must pay the base salary of its officers. In the event officers must work overtime on an OCDETF investigation or Strategic Initiative, the OCDETF Program will reimburse the parent State or Local law enforcement agency for a limited amount of those overtime costs.] The agency is responsible for paying its law enforcement officer(s) for their overtime, travel and per diem expenses. To ensure proper and complete utilization of OCDETF overtime and expense allocations, reimbursement claims must be submitted monthly on the OCDETF Reimbursement Request Form. The OCDETF Executive Office may refuse payment on any reimbursement request that is not submitted to the OCDETF Regional Coordination Group within thirty (30) days of the close of the month in which the overtime was worked. 12. It is the responsibility of the State & Local agency to retain and have available for inspection sufficient supporting documentation for all regular hours and overtime hours worked towards a specific OCDETF case. Officers' timesheets must reflect work towards a specific OCDETF case and must be reviewed and signed by an authorized State & Local official. 13. Analysis of reimbursement claims by the Regional Coordination Group may result in a modification of the obligation of funds contained within this agreement as well as the time period covered. The agency affected by any such modification will receive a memo notifying them of the changes. Agreement (FY 12), Page 3 14. Overtime payments, including all other non - OCDETF Federal sources (such as Safe Streets, HIDTA, IRS, ICE, FEMA, etc.) may not, on an annual per person basis, exceed 25% of the current approved Federal salary rate in effect at the time the overtime is performed. The State or Local agency is responsible for ensuring that this annual payment is not exceeded. The Executive Assistant/OCDETF Program Specialist will monitor these payments via MIS and communicate to the Federal Agency Regional OCDETF Coordinators who provide status updates to any officer approaching the threshold. 15. The overtime log must be attached to the reimbursement request when submitting the monthly invoices. The Sponsoring Federal Agency Supervisory Special Agent and the State or Local official authorized to approve the Reimbursement Request must certify that only authorized expenses are claimed, the regular hours requirement is satisfied, and that overtime has not exceeded 25% of the current Federal salary rate in effect at the time the overtime was worked. 16. Under no circumstances will the State or Local agency charge any indirect costs for the administration or implementation of this agreement. 17. The State or Local agency shall maintain complete and accurate records and accounts of all obligations and expenditures of funds under this agreement for a period of six (6) years and in accordance with generally accepted accounting principles to facilitate inspection and auditing of such records and accounts. 18. The State or Local agency shall permit examination and auditing by representatives of the OCDETF Program, the sponsoring Federal agency(ies), the U.S. Department of Justice, the Comptroller General of the United States, and/or any of their duly - authorized agents and representatives, of any and all records, documents, accounts, invoices, receipts, or expenditures relating to this agreement. Failure to provide proper documentation will limit State or Local law enforcement agencies from receiving OCDETF funding in the future. 19. The State or Local agency will comply with Title VI of the Civil Rights Act of 1964 and all requirements applicable to OCDETF agreements pursuant to the regulations of the Department of Justice (see, e.g., 28 C.F.R. Part 42, Subparts C and G; 28 C.F.R. 50.3 (1991)) relating to discrimination on the grounds of race, color, sex, age, national origin or handicap. 20. This agreement may be terminated by any of the parties by written notice to the other parties ten (10) business days prior to termination. Billing for outstanding obligations shall be received by OCDETF within thirty (30) days of the notice of termination. 21. The Debt Collection Improvement Act of 1996 requires that most payments made by the Federal government, including vendor payments, must be made by electronic funds transfer (EFT). In accordance with the act, all OCDETF reimbursement payments will be issued via EFT. All participating State and Local agencies must complete and submit the attached EFT form. The OCDETF Executive Office must receive one EFT form from each participating agency or police department prior to processing their reimbursement payments. In certain circumstances the OCDETF Executive Office may make exceptions for agencies that are unable to accept this form of payment, however, such agencies must include written justification in the addendum of each new agreement. Agreement (FY 12), Page 4 22. All changes made to the original agreement must be approved by the OCDETF Executive Office and initialed by the Executive Assistant/OCDETF Program Specialist of the Regional Coordination Group making the revision. The AUSA Regional OCDETF Coordinator or designee must initial all funding changes. 23. The Regional Coordination Group is responsible for identifying and implementing, any additional policy requirements, as needed, for its specific region. Those regional policies will be documented in the Addendum B and attached to the approved Agreement. The Agencies are agreeing to adhere to these additional requirements and must have written approval by the Regional Coordination Group for any exceptions to the regional policies. This agreement is not a contract or obligation to commit Federal funds in the maximum amounts projected. Funding allocations for the time period set forth and agreed to herein represent projections only and are based upon consultation between the sponsoring Federal agency and the State or Local law enforcement agency. They are, therefore, subject to modification by OCDETF based upon the progress and needs of the OCDETF investigation or Strategic Initiative. Additionally, resources are contingent upon the availability of funds per the approval and signature of the OCDETF Executive Office obligating authority. The OCDETF Executive Office will approve and certify that a1J4e terms and conditions of the agreement have been met. Approved By: [�� �rq �,✓j /r l0 7// Authorized State or Local Ofici I Title Date Approved By: / ®•l�- DEA Sponsoring eral Agen Special Agent in Charge or Designee Date Approved By: Jiries J. Salameh, DE70 ri g Feder 1 egion CDETF'Coordinator Date Ito Approved By: !( Mary V. (Jena) King, AUSA Regional OCDETF Coordinator Date Funds are encumbered for the State /Local Agency overti a costs and authorized expense / Strategic Initiative Programs specified above. Subject to availability of funds. Funds Certified: OCDETF Executive Office Date Approving Official: OCDETF Executive Office Date Agreement (FY 12), Page 5 ORGANIZED CRIME DRUG ENFORCEMENT TASK FORCES STATE OR LOCAL LAW ENFORCEMENT OFFICERS ASSIGNED TO PARTICIPATE IN THE STATE AND LOCAL OVERTIME AND AUTHORIZED EXPENSE / STRATEGIC INITIATIVE PROGRAMS State or Local Agency: Clermont Police Department OCDETF Investigation / Strategic Initiative Number: FC/ FL.M -0880 The law enforcement officers listed below will assist with the above identified OCDETF investigation or Strategic Initiative. Any modification of the list of law enforcement officers must be agreed to in writing by all of the parties to this Agreement, made a part of the Agreement, and forwarded to the OCDETF Executive Office. NAME TITLE/RANK DOB 1. Chadwick Edmondson Agent(Police Officer) 6/1.2/1980 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. Agreement (FY 12), Page 6 ORGANIZED CRIME DRUG ENFORCEMENT TASK FORCES FLORIDA/CARIBBEAN REGION FY 2012 ADDENDUM A Definition of "Full -Time Participation" - See paragraph 11. Any Exceptions or Justifications - must be submitted in writing. Agreement (FY 12), Page 7 ORGANIZED CRIME DRUG ENFORCEMENT TASK FORCES FLORIDA/CARIBBEAN REGION FY 2012 ADDENDUM B In regard to the FY 2012 State and Local Agreement, the Florida/Caribbean OCDETF Financial Committee has approved modifications to the below numbered paragraphs as follows: 6. The maximum number of officers assigned to an agreement cannot exceed fifteen (15) without written justification. 11. All assets seized in the investigation will be processed federally by the sponsoring OCDETF federal agency unless otherwise specified in the OCDETF Investigation Initiation Form (IIF) or in a subsequent addendum to the IIF or other OCDETF reports. Equitable sharing of forfeited assets remains available to all the participating federal, state and local agencies. Equitable sharing requests will be governed by the rules and regulations of the Department of Justice Asset Forfeiture Fund or Treasury Executive Officer for Asset Forfeiture and Treasury Forfeiture Fund Program as applicable. 13. Analysis of reimbursement claims by the Regional Coordination Group may result in modification of the obligation of funds contained within this agreement as well as the time period covered. The department affected by any such modification will receive a screen printout of the agreement funding change. Agreement (FY 12), Page 8 ACH VENDOR/MISCELLANEOUS PAYMENT ENROLLMENT FORM D A VTi'L' /!''llA/fD A NV TNTi !li? A T7(1N n..,.i..a- e..,•e era � .,,.a� anannv Hama ac umitren nn aorerment cover sheetl Name: CITY OF CLERMONT Address: 685 W. Montrose Street Taxpayer TD Number: 59- 6000290 Contact Person Name: STEVE G.RAH4M CHIEF Telephone Number: 352- 394 -5588 EXT. 1.35 FIN A Nf 7 AT . TNCTTTTTTION TWORMATION Bank Name: FIFTH THIRD BANK Nine -Digit ABA Routing Transit Number: Depositor Account Number: Type of Account: (checking/savings) CHECKING Please return with the Reimbursable Agreement The Debt Collection Improvement Act of 1996 requires that most payments made by the Federal government, including vendor payments, must be made by electronic funds transfer (EFT). A benefit of receiving payments by EFT is that your funds are directly deposited to your account at a financial institution and are available to you on the date of payment. If you have any question regarding the delivery of remittance information, please contact the financial institution (bank) where your account is held. If you have any question on the completion of this form, please contact the OCDETF State and Local EFT Coordinator, 202 -514 -1860. To inquire about a bill contact: hn: / /www.ipp.gov/ Agreement (FY 12), Page 9