2012-61 RECEIVED AUG 23 2012
STATE AND LOCAL HIDTA TASK FORCE AGREEMENT
"CENTRAL FLORIDA HIDTA"
I his aglcenleilt is made this 1"day of October 2012. between the United States Department of
Justice. Drug Enforcement Administration (heremaftei "DEA"), and the Clermont Police
Department (hereinafter "('PD") Ube DEA is authorized to enter into this cooperatne
agieement concei ping the use and abuse of controlled substances under the pros isions of 21
IJS 873
Whereas there is evidence that trafficking in narcotics and dangerous drugs exists in the Florida
area and that such illegal acti\its• 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 1 he DEA Orlando HIDTA Mexican l'ol■-Drug Task Foice perform the actin itics and
duties described below.
a disrupt the illicit drug traffic in the Florida area by immobilizing targeted violatois and
trafficking organizations,
h gather and report intelligence data 'elating 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 etfcctise
prosecution before the courts of the t united States and the State of Florida
2 fo accomplish the objectives of the Mexican Poly-Drug Task Force, the CPI)agrees to
detail one (1) experienced ofiicei(s) to the Mexican Poly-Drug Task Force for a period of not
less than two years During this period of assignment. the C'PD officers will he under the direct
supci vision and control of DEA supervise'y personnel assigned to the task force
3 I he ('PD utlicets assigned to the task force shall adheie to all DEA policies and proceduies.
Failure to adheie to DEA policies and procedures shall he grounds for dismissal from the task
force
4 file CPD officers assigned to the task force shall he deputized as task force officers of DEA
pursuant to 21 USC 878
5 '1'o accomplish the objectives of the DEA Orlando Mexican Poly-Drug Task Force. DEA
11 ill assign four (4) Special Agents to the task force I I1DTA will also, subject to the availability
of annually appropi iated funds or any continuing resolution thereof; pros ide necessary funds and
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equipment to support the ails lure of the DLA Special Agents and CPD officers assigned to the
task force 1 his support w Ill include office space office supplies travel funds,funds for the
purchase of es idcncc and information,investigative equipment,training and other support items
6 During the period of assignment to the DEA Mexican Poly-Drug Task Force the CPD will
remain responsible for establishing the salaries and benefits,including overtime,of the CPD
officers assigned to the task force and for making all payments due them IIIDT4 will,subject to
availability. of funds,reimburse the CPD for overtime payments made by it to the('P1)officers
assigned to the DEA Mexican Poly Drug l'ask Force for overtime,up to a sum equivalent to 25
percent of the salary of a OS-12 Step I (RIIS)federal employee.currently
'f I7,202.25 per officer Note: Task Force Officer's overtone"Shall not include any cOSA for
benefits,such as retirement,FICA,and other expenses."
7 In no event will the CPD chaige any indirect cost rate to DI-A for the administration or
implementation of this agreement
S I he('PD shall maintain on a current basis complete and accurate recoids and accounts of all
obligations and expenditures of funds under this agreement in accordance with generally
accepted accounting principles and instructions pros ided by DEA to facilitate on-site inspection
and auditing of such records and accounts
9 I he('P1)shall permit and have readily asailable for examination and auditing by 1)I A.the
I imted 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.
ins Dices receipts or expenditures relating to this agreement I he CPD 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 1 he CPD shall comply with Fitle 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,0,H and 1
I I 1 he CPD agrees that an authorized officer or employee will execute and return to DEA the
attached()JP Form 4061/6,Certification Regarding Lobbying,Debarment,suspension and O1hei
Responsibility Matters,and drug-free Workplace Requirements The CPD acknowledges that
this agreement will not lake effect and no federal funds will be awarded until the completed
certification is received
12 When issuing statements,press releases requests for proposals,hid solicitations and other
documents describing projects or programs funded in whole or part with federal money,the C'P1)
shall clearly state (1)percentage of the total cost of the program or protect which will be
financed w rth federal money and(2)the dollar amount of federal hinds for the program or
protect
13 I he C'PD understands and agrees that HiD1 A will provide the DEA Mexican Yoh-Drug
1 ask Force Officers with %ehicles suitable for surveillance 11101 1 through DEA will furnish
mobile radios for installation in the Hl1)I A i ask Force vehicles and HIDTA will assume the
cost of installation and remosal HID1 A will be financially responsible for the purchase of fuel
for the leased■ehicles and for providing routine maintenance i e.oil changes,luhes and minor
tune-ups is the HID I A lease contractor DI A and HIDTA procedures for reporting and
investigating automobile accidents invoking Official Government Vehicles(OGV'S)-HIDI 1
lease sehrcles shall apply to accidents involving the leased%ehicles furnished to the CPi)
personnel. in addition to w hates er accident reporting requirements the('PD may have
14 \\bile on dots and acting on task foice business,the('PD officers assigned to the HiD I A
task force shall be subject to all DLA and federal go%eminent iulcs regulations and procedures
gos cr ing the use of O(,V's for home to work transportation and Ibi peisonal business The
HIM A Fvecutrsc Committee acknowledges that the United States is liable for the actions of
task force of ficei,while on duty and acting within the scope of their federal employment,to the
extent permitted by the Federal I orts Claim Act
I S All sharing of federally forfeited property will he done in accordance with the I1 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 he made by 1)EA to make
a fair and impartial distribution of federally forfeited assets
16 Among members of the Orlando District Office MIA I ask I orce(ODOiI 1 F),sharing of
federally forfeited property will he based on the number of officers each participating agency
assigns to the O1)O1f1 I'
17 iquitable sharing distributions with non-OOO111T agencies shall he based on the number of
work hours expended by the non-ODOHTF agencies in the investigation In investigations
where agencies not comprising the ODOH 1 F participate in the investigation leading to the
seizure and federal forfeiture of assets,shainig may also be determined on the ultimate
qualitative salue of the information pros ided to the ODOI ITF In making the distribution
determination,DEA will take into consideration the originator of the information,the
des elopntent 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 ODOI I IT agencies(e g independent
agency units,narcotic squads,detective squads etc)shall he based on the number of work hours
expended by contributing ODOH IT agencies in the investigation In investigations where
agencies(e g independent agency units,narcotic squads,detective squads etc)compnsmg the
000111F participate in the investigation leading to the seizure and federal forfeiture of assets,
sharing may also he determined on the ultimate qualitative value of the information provided to
the 00011 I F In making the distribution determination,DEA w ill take into consideration the
S
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 1 he term of this agreement shall be effective from the date in paragraph number one until
September 30,2013 This agreement may be terminated by either party 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 HIDTA will be responsible only for obligations
incurred by CPI)during the term of this agreement
For the Drug Enforcement Administration
/ / Date J'/2 9/d
M��' rouvi e
,tcual Agent in Charge
Miami'Field Division
For the Clermont Police Department
.a ,/ iLL t/,� Date. '91 ` � o/
Char L Broadway
Interim!Chief
� Y
i I)Abide by the terms of the statement and
12) Notify the employer in writing of his or her conviction for a
‘iotation of a criminal drug statute occurring in the workplace
no later than five calendar days after such conviction,
lel Notifying the agency in writing within 10 calendar days
after receiving notice under subparagraph (d)(2) from an Check 1 if there are workplace on file that are not identified '
employee or otherwise receiving actual notice of such convic here
lion Employers of convicted employees must provide notice
including position title to Department of Justice, Office of 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!den- fiscal year A copy of which should be included with each ap
lificetion number(s)of each affected grant plication for Department of Justice funding States and State
(II Taking one of the following actions within 30 calendar agencies may elect to use OJP Form 4061,7
days of receiving notice under subparagraph (d)(21 with Check j I 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 grant, dispensing posses
free workplace through implementation of paragraphs (a) Ib) won, or use of a controlled substance in condition any
IC) (d) (e) and(fl activity with the grant and
B The grantee may Insert in the space provided oelow the B If convinced of a criminal drug offense resulting from a
it spefor the performance of work done in connection with violation occurnng during the conduct of any grant activity I
will report the conviction in writing within 10 calendar days
j of the conviction to Department of Justice Office of Justice
Place of Performance 1Street address city country state zip Programs ATTN Control Desk, 633 Indiana Avenue, N W
coder Washington DC 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
,ii i i • ' _ _ i•1_ . I i' _,. 1.,,
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a,,', rtir•, II, ii.r.,,-,, .1 C1,,-iii v',, I L ',I I, i
2 Application Number and/or Project Name 3 Grantee IRSNendor Number
_,i, _irn Ii.-■ I r. ,I I.,,r,
4 Typed Name and Title of Authorized Representative
f 1
5 Signature
6 Date
•