2016-82 STATE AND LOCAL HIDTA TASK FORCE AGREEMENT
"CENTRAL FLORIDA HIDTA"
This agreement is made this 1St day of October 2016, 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 years. 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 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, 753.00,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, whileon duty and acting within the scope of their federal employment, to the
extent permitted by the FederalTorts 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, 2017. 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 terminationof this agreement. HIDTA will be responsible only for obligations
incurred by CPD during the term of this agreement.
For the Drug Enforcement Administration:
dphuA), /�F ,�
y�, Date:As P. Wright
Special Agent in Charge
Miami Field Division
For the Clermont Police Department:
7
Date: (y - �— ��
Charles L. Broadway
Chief
I
4
'-.r==* U.S. DEPARTMENT OF JUSTICE
. OFFICE OF JUSTICE PROGRAMS
`':4 tr..r OFFICE OF'THE COMPTROLLER
CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION.AND
OTHER RESPONSIBILITYMATTERS; 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-wideRequirements for Drug-Free., (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 pppub Ic (Federal .State,.qr local) tjan actiop or contract under
huh v' transaction; , violation 0f t edefal or 'sta antitrust
Asrequired by 1352 Title 31 of the U.S. .Code, aan�d t Lutes qo commissiondestruction f em a cement he orme)ry
impiementeo at 26�arro etas ap tmeeritfie erhat�a�� $naentering 1 ato2 FR me
s{a ernents, or receiving sfoierrty z records, ma ing
(c)Are not presently indicted for or th rwi a criminal or civil
(a) No Federal appropriate funds have been paid or will be paid, criar ed Dv a novemm ntai entity (i-ederai, tState or local) wito
by or on behalf of the undersigned, to any person for influencing Qom sic an o tthe o ens s enumera a in paragraph 1)
or attempting.to influence an officer.or;em loyee of any agency, (D)o m is certification; and
a Member:o-f.Congress,•an officer or:employee of.Congress, or
an employee o a Member'of Congress in.connection with the
making'.of.anry Federal rant the entering. into of-any (d) -lavee.nnot withinaa Three-yyear gerriod Rrecdeding hit apglidatioi
cooperative agreement, an extension, -continuation, renewal, ermine a r more ori e u t ani ns lure eras, to e, r oca
amendment, or modification of any Federal grant or cooperative
agreement;
B. Where the a pli is.unable to certify to anyf the
stat me s rn thlsp rrtification, he or she shall attach an
(b).lf any f Inds other than Federal 1prrTpI riated funds hav ben explanation to this appp lcation.
i 1Iuen Will ae a to anY p�see ian a ent or aReP attempting
fluence an•o cer-or'•e a e e o
re s ar rceror.em o ee.otCon re o aro a ovee o
a membsef o on res I co ne tion_. h is a era n o $ FUG FREE y�(QR(pLp�E
co� erati e a re�, in co ed sal comp e� ano (ARD NTEES OT„tK THAN INDIVIDUALS)
ctivi es§tain accordance For w.th ittt'In,, 'ins ns sure of osbying rkD �t
dmplerrAs �ernre d ba grin ttElree orub lace forof 1r es8, aas
d h e Ine a Part tit' Sect b bl and . �1U-
/r Tho�anl�IdinrCslil�detl int ,e av9urdedohc tmentsdru��suaawardseat
c q iers.erativ Includin� su gr and ssupon rads un tprarrat isafi and rug�iree �r c�p�ace�y es that it wui or will continue to provide a
ub-
recipients shaircertify and disclose accordingly.
(a) Publishing a (statement notitvin em toyees that the
uea or amcoitroiiea.e§uDsftrince°is pare r rite inP hsses�antee9r
hegffligc-krilgnION,AND OTHER workplace the spetcrf�rrna fFie. actions wi be akerf against
emp oyees or yr aro o such prohibition;
b Estabir hrn anbon-going drug-tree awareness program to
As . required by. Executive Order 25 9, Debarmentand In�orm employees a out-
Saau�spPensign,.and mpplemented at 2a Cr-R Prt 67 of r orosDectlye
EFR artn , sec Ion 7.b1u- transactions, a§ de Ine a (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 A available dru c unseling, rehabilitation, and employee
(a) Are not present) debarred, suspended, proposed for debar-
ment, (as�sistaynce programs;gang
declared ineligible, sentenced to a denial of Federal
beneits by a. tate or-Federal court,or voluntarily excluded from (4) alties that may be im o u on employees for drug
covered•transactions by ' i
any Federal department or agency; (muse vroiatrons occurnng n he wosrkepiacpe ;
tt ( Ma i it a re rstment th t each employee to b engaged i
b�e le nr\7gla�o a li d a ce .$ eWenceee nPei�nl�ec�gc ei rep'Sre ob�y paragr ph'e(a�rant�e given copy of thee s�a emen�
oor commission of tra or a crin i
taining, attempting touobtain, or pe orming a statement required
(paraalloapn Q teatthe sma condition or The undr'tnrant,
the empiollyee win- C6
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
violation of a cr min°e�ecrun tiroooccu�i§rionA the wofiVolace no
la erthan ive calendar dads asuch con is ion;
((e)) Nati m the agency, in writin ith' calendar days after
reoei�rnn notice a su ara�'aph: (a)(z rom an enrplo ee Check r- if there are workplace on file that are not identified
hr o is rece vi a ua notic uc convi ti .n. ere.
mplo a tc nvi c�'e" �,oP es st�rovidS otice n �u in
orjoiUam tpe� � t�^T '�Sko 6i.l innluana orrice ec�e ifi tion us
SeScttioe 67,ma630 of the r ulations provides.that ah rantee t at is
num er��of each 2 ected gra t cd s ear A r � 'clisceo ine ia a Inc!capon with e g heap�lica ion
may elect to useoOJ19 Form 48i,�� a es andate geneses
(fl Takin one. of the. followinaactions, within30 lend r
rdeSYpec�tol-encee emalo eei who nderconvrietergrap (d)(n with Check r if the State has elected to complete OJP Form
4061/7.
(1) Taking ap roon to IR-sorrel el .action aaintst suc n
e ogee,.tSp rK anc�l�term eof� 3 assamende ogee RRUGG--FRREE gR VRLACE
req it men o he e a i i a n ActoGRANTEES WHO ARE INDIVIDUALS)
(2)Requirio such em I�a' e.tto Participate satisfactoril ina dru As re uir ddb e u Fre W r lac�te of 19g8, and
puurp ses: erica ede�aele"SfPa{eitaoPor�o� �ea�l haRapw en o c°emen iSe ine�earIV rrgrSeect�iorfs%Algand 8rl.0f2Ttees, as
gr Other appropriate agency;
A. Asacondition Df he grant.lce certify that I will not en a e in
(g)Making a good faith effort to,continue to maintain a drug-free the unlaWtul manutacture, cistfibution, disansin osse on
workplacethrough implementation of paragraphs(a), (b), (c), (d), mr use o a Oontro a substance in condition y achy! with
(e),and(t). a grant; an
The rante may insert in the ace.provided below the site B. If convinced of a criminal drug offense resulting,from a
s fo the ertormence of work Gene in connection with the violation occurringduring the conduct of any grant activity, I willdecific gram: report the convicion, in writing, within 10 calendar da s of the
conviction,to: De artment of Justice, Office of Justice Programs,
Pl ce e of Performance (Street address, city, country, state, zip D.C.205 Control Desk, 633 Indiana Avenue, N.W., Washington,
coAs 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 (&� - - I 6
5. Signature 6. Date