2014-053 •
•
STATE AND LOCAL HIDTA TASK FORCE AGREEMENT
"CENTRAL FLORIDA HIDTA"
This agreement is made this 1st day of October 2014, between the United States Department of
Justice, Drug Enforcement Administration (hereinafter "DEA"), and the Clermont Police
Department (hereinafter "CPD"). The DEA is authorized to enter into this cooperative
agreement concerning the use and abuse of controlled substances under the provisions of 21
U.S C. § 873.
Whereas there is evidence that trafficking in narcotics and dangerous drugs exists in the Florida
area and that such illegal activity has a substantial and detrimental effect on the health and
general welfare of the people of Florida, the parties hereto agree to the following:
1. The DEA Orlando HIDTA Mexican Poly-Drug 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 Mexican Poly-Drug Task Force, the CPD agrees to
detail one (1) experienced officer(s) to the Mexican Poly-Drug Task Force for a period of not
less than two year'
ears. During this period of assignment, the CPD officers will be under the direct
supervision and control of DEA supervisory personnel assigned to the task force
3. The CPD,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 CPD 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 Mexican Poly-Drug 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
• r
equipment to support the activities of the DEA Special Agents and CPD 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 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 HIDTA will, subject to
availability of funds, reimburse the CPD for overtime payments made by it to the CPD officers
assigned to the DEA Mexican Poly Drug 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, 374.25, 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 CPD charge any indirect cost rate to DEA for the administration or
implementation of this agreement.
8. The CPD 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 CPD 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 CPD 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 CPD 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 CPD agrees that an authorized officer or employee will execute and return to DEA the
attached OJP Form 4061/6, Certification Regarding Lobbying, Debarment, suspension and Other
Responsibility Matters, and drug-Free Workplace Requirements The CPD 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 CPD
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 CPD understands and agrees that HIDTA will provide the DEA Mexican Poly-Drug
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 CPD
personnel, in addition to whatever accident reporting requirements the CPD may have
14. While on duty and acting on task force business, the CPD officers assigned to the HIDTA
task force shall be subject to all DEA and federal government rules, regulations and procedures
governing the use of OGV's for home to work transportation and for personal business. The
HIDTA Executive Committee acknowledges that the United States is liable for the actions of
task force officer, while on duty and acting within the scope of their federal employment, to the
extent permitted by the Federal Torts Claim Act.
15. All sharing of federally forfeited property will be done in accordance with the U.S.
Department of Justice policies and procedures as set forth in Guide to Equitable Sharing for State
and Local Law Enforcement Agencies (April 2009) Every effort will be made by DEA to make
a fair and impartial distribution of federally forfeited assets.
16. Among members of the Orlando District Office HIDTA Task Force (ODOHTF), sharing of
federally forfeited property will be based on the number of officers each participating agency
assigns to the ODOHTF.
17. Equitable sharing distributions with non-ODOHTF agencies shall be based on the number of
work hours expended by the non-ODOHTF agencies in the investigation. In investigations
where agencies not comprising the ODOHTF participate in the investigation leading to the
seizure and federal forfeiture of assets, sharing may also be determined on the ultimate
qualitative value of the information provided to the ODOHTF In making the distribution
determination, DEA will take into consideration the originator of the information, the
development and/or use of confidential informants or sources of information, and the critical
nature of the assistance to the investigation.
18. Equitable sharing distributions with contributing ODOHTF agencies (e.g. independent
agency units, narcotic squads, detective squads etc.) shall be based on the number of work hours
expended by contributing ODOHTF agencies in the investigation. In investigations where
agencies (e.g. independent agency units, narcotic squads, detective squads etc.) comprising the
ODOHTF participate in the investigation leading to the seizure and federal forfeiture of assets,
sharing may also be determined on the ultimate qualitative value of the information provided to
the ODOHTF. In making the distribution determination, DEA will take into consideration the
. originator of the information,the development and/or use of confidential informants or sources
of information,and the critical nature of the assistance to the investigation.
19. The term of this agreement shall be effective from the date in paragraph number one until
September 30,2015. 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 CPD during the term of this agreement
For the Drug Enforcement Administration
�L.%.�..._ / Date:
i/21' y
R. Trouvil -
:pecial Agent in Charge
Miami Field Division
For the Clermont Police Department:
/ f / '7 I il_
✓i,�
Date
Charles L. Broadway
Chief
•
(1)Abide by the terms of the statement, and
viONN p y r �(��t nq ct
lat{ofnyo1 aecnm)n81 edru statute occurring in the workiplace no _ _ _ _ __
later an ive_calendar days after such con i ion,
(e Natif in the agency, in writin with calendar days after
recei�rnn rootice a su crapaph �a)� from an errtplo ee Check iu f there are workplace on file that are not identified
r o is rece vi a ua notic o -such convict' n here
hm to er 1ec Q�nnjvic a e o es gg st�rrocovi otice n lu in gg nt h
Waa i t n� C `2 5' tce sh l Include tnementlficatioen Section 5te 6eie cftto e e,one cenificc(a n In each frederaJtfincai
num e�s�oF each a ected grant, for iielpart ient01hj Mice t ie , states afn�destate appiicatton
may erect o use, orm 4� l/7
Taking one of the follows actions, within 30 calendar
s-gr -receivin notice h under sucaaregrapn (d)( , wi Check if the State has elected to complete OJP Form
reapec to any employee w o is so convi to - 4061/7
(1) Taking appropri to rsonnel action against suc n �qCE
em
rregiilirementuspof-thet efiabil atbonAct o f1913 as amendedi,oree (GRANTPEE WHO ARE INDIVIDUALS)
Requinn such em I e o artics ate satisfactoril i a dru As re uir dd b\' e u Free W large of 1968, and
purposes in a Feeeral Federal, iocaii'teaith, laaw enborccement, e iine�at 8 C=f a ection b1 and bpi an-tees, as
As a dition f he grant I certify that I will not engage in
(g)Making a good faith effort to continue to maintain a drug-free he unla ul manufo re, aistihbucfii n, dispensing
workplace through implementation of paragraphs(a), (b), (c), (d), r use o,a ontrolle substance in conoitiion aelyactivity wth
(e), and(f) the grant, and
I' The ranntee may insert in the space provided below t site B If convinced of a criminal drug offense resulting from a
s) for the a orm nce o work dime in connection with the violation occurring during the conduct of any grant activity, I will
pea=grant report the conviction, in writing, within 10 calendar days of the
conviction, to De artment of Justice, Office of Justice Programs,
Pia of Performance (Street address, city, country, state, zip p C 20 Control Desk, 633 Indiana Avenue, N W, Washington,
coae)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 Charles L. Broadway
Clermont Police Department
865 West Montrose St. Clermont, FL 34711
2 Application Number and/or Project Name 3 Grantee IRSNendor Number
4 Typed Name and Title of Authorized Representative
Charles L. Broadway, Chief
5 Signature 6 Date
i/
ti _ y + $
• �r
originator of the information, the development and/or use of confidential informants or sources
of information, and the critical nature of the assistance to the investigation.
19. The term of this agreement shall be effective from the date in paragraph number one until
September 30, 2015. 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 CPD during the term of this agreement
For the Drug Enforcement Administration
Date:
Mark R. Trouville
Special Agent in Charge
Miami Field Division
For the Clermont Police Department:
.4/90J1A, Date
/
Charles L. Broadway
Chief
U.S. DEPARTMENT OF JUSTICE
•
4/I 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 u is (Federal State, r local) tra ac�ttin or c tr ct under
As required b e 13 Title 31 of the U S Code, an J lit transaction, vioolation or ederat o tae antitrust
ggaZp$$r t�nn 0r5tV226,[ f� q t q[3 r,�ures falsification ocommissiond f em a emen hey or e
implemented
Iaree er[ifi @S r,$.oe nas tlefine%I O2%L FK statement , r iing stolen property recur s, mafCing �als�e
van b9,t app
Are Rot present) indicted for or otherwise criminally or civil)
(a) No Federal appropriate funds have been paid or will be paid, ar ed by n a,gover�i#nn taii ntity ( eera, State, or Kcal with
by or on behalf of the undersigned, to any person for influencing cr�oqkmtitsssio re any o tote o ens s enumerated in paragraph (1)
or attempting o influence an officer or employee of any agency, (o)o is ce ifica on,and
a Member oA Congress, an officer or employee of Congress, or
an employee of a Member of Congress in connection with the th application
making of any Federal grant the entering into of any d) Havre notmohin thee�{{--ryyear Derio prcei is (
cooperative agreement, an extension, continuation, renewal, [lad oneecoror caus public detrens and
(Federal, i)
amendment, or modification of any Federal grant or cooperative
agreement,
B Where the a plic nt is unable to certify to any of the
statements in this r�ittcation, he or sere shall attach an
(b if an funds other than Federal propriated funds have been explanation to this appclication
biii or/ill be id to annpgrson fo lntiUencine or att modal tq
uence an o cer or e pp o ee 4 an a en a e e o
re s a icer or empio ee of Con re on e p o e o DR FR E RKPLAC
a Member of on res in co ne tion With is edera ryant o
co etrativ aareeeon rthe �r11ersigmied s al comp e'le and
( RANTEES OTHER THAN INDIVIDUALS)
u ft an ar isclosure o o b in
Ac ivi res, in accordance with its instructions, As re uir d b e u Fre W r lacrte t of 1t918, and
Pre`�eatle a Ri 6-"Prh �tlons 6p�61 and$r� 8s' as
t�aathe ae�i i0gdne� stth reamed that the s nit lie gf this s at A h cert
a C iers title u In isU graw"n s con ractsS un ersarants an drug-free pv�olr�Cprace byfies that it will or will continue to provide a
coo erative res ents and. Subcontracts and that all sub-
recipients shah ce i y and disclose accordingly
(a) P b ishin a statement note in em toyees that the
unlawful manufacture is distribution {(ass nsi possession qr
woe� I workplace controlled slled ubstanca �S pra ibite 'in The grantire S
ION,AND OTHER employees and or vi afioh o�slluuch prone iitiionnt wi be to elT against
(bb Establishing a on-going drug-free awareness program to
As required by Executive Order 2549, p bamient nd orm empioyees about-
Saau�soPenaign, and implemented at 26 CI-R Prt 6,' of r orosoeofi e
E FRc�art 7i�sc ion 7c�t/are transactions, a ode ins at (1)The dangers of drugs abuse in the workplace,
A The applicant certifies that it and its principals
(2)The grantee's policy of maintaining a drug-free workplace,
3 Any available dru counseling, rehabilitation, and employee
(a) Are not presently debarred, suspended, proposed for debar- sista'nce programs,gdna
ment declared ineliaiible, sentenced to a denial of Federal
benefits by a State or-Federal court, or voluntarily excluded gfro y a4)The penalties that may be imposed upon employees for drug
covered transactions by any Federal department or agency, use v o'a ions occurring in a war a ,
not of this c Making it a re rement that each employee to be engaged i
�bden convicted or o ahad a three-year ruclrtame t rend red agamst them regiiredob�y paragraph(a)rant be given copy of the statement
oataining, attempting tuo obtain,or Pe performing a d Notif i� the em toye in _the statement by e that, as dconaiition oemployment underthe grant,gy )
OJP
FORM 4061/6(3-91)REPLACES OJP FORMS 4061/2,4062/3 AND 4061/4 WHICH ARE OBSOLETE
JS,oePanme,„,
* �� U. S. Department of Justice
Drug Enforcement Administration
° Cie Orlando District Office
300 International Parkway, Suite 424
Heathrow, FL 32746
July 10, 2014
Chief Charles L Broadway
Clermont Police Department
865 West Montrose St.
Clermont, FL 34711
Dear Chief Broadway.
Enclosed for your signature is the FY 2015 State and Local HIDTA Task Force Agreement for the
Mexican Poly-Drug Task Force Per DEA Headquarters, Agreement and Attachments will remain in
full force except for the modification This modification increases the funds appropriated by DEA
Headquarters for the HIDTA Task Force Agent's overtime
Please contact me if you have any questions, and thank you in advance for giving this your immediate
attention.
Sincerely,
ahk.,--v
Jeffrey T. +alsh
Assistant Special Agent in Charge
Enclosure