2017-078 STATE AND LOCAL HIDTA TASK FORCE AGREEMENT
"CENTRAL FLORIDA HIDTA"
This agreement is made this 1St day of October 2017, 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 OrlandoHIDTA 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 andcontrol 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
$ 18,042.00, 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 orpursuantto 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 ()JP Farm 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 agenciesin 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, 2018. This agreement may be terminated by either party on 30 days advance
written.notice.,Billing for all outstandingobligations 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:
Adolphus.P. Wright
Special Agent;in Charge
Miami Field Division
For the Clermont Po ' Departm- -
7 Date: 2/
Charles L. Broadway
Chief
` fS. U.S. DEPARTMENT OF JUSTICE
t\ J;l 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 lc (Federal State,.or local) tri action or tract under a
g tip 2u II transaction; . violation of ede al. or rat antitrust
implerroented ed bat 2b UFR Par bi9, for 3 r of the to n' into a and si Iles fa°rsificamo�isoond s��ucteon o feeconds, hmakinor�aelsry�
Falloff et 1%Ria7 9clr nt cenifies that�.�o,uo$ as aee#ine�i at 28 c s{ err��nts, or receiving stollen property;
(c)Are not presentlyindicted for or otherwise criminallyor civil
(a) No Federal appropriate funds have been paid or will be paid, ar ed try a ao emrn ntaLentity (Federal state or cal) witri
by or on behalf of the undersigned, to any person for influencing Qom i sio an o tate 0 ens s enumerated in paragraph 1)
or attempting to influence an officer or employee of any agency, (D)o thiis ce ifica on; and
a Member cit Congress, an officer or employee of Congress, or
an employee of a Member of Congress in connection with the
making of any Federal grant the entering into of any d ave not within a thre - ear eriod a ding hi ap Ii do
cooperative agreement, and extension, continuation, renewal, �dHon r more ubli ��{}rr�a sacta ns ederal, to e, Or local))
amendment, or modification of any Federal grant or cooperative erminaeofor cause or dcefault; and
agreement;
B. Where the applican�tt is.unable tocertify to anyof the
stat me is an this rtification, he or e shall attach an
Qb IIf an ff ds ofher than Federal a r riated fund have ben exp�ana{ion to this appaication.
d or wilroe paid to an pgrsofIlfem encano or a em�onlgefa
uence an oT .cer ore o ee an a en a e e o
a aress ar icer or em o ee o Con re ,o an employee o
mbel- o on res a co ne tion h as a era n o D
co pmerata acre nen Ihe uLr�a ersa ed sal corp e�c ano GRANTEES OTHER THAN INDIVIDUALS)
u rt �fan ar orm lsclosure o Lo bying
Activities, in accordance with its an§tructaons; As re uir d b e u Fre W rk lace t of 19 8, and
am le e ed� a u r� or g s, as
define a� 28 ��k et a ctlons eb 61 b' nd ��t l�-
The Undersigned shall requirethat the language pt this cer-
ca ction b in IQded in the aw rdocuments for Irsubawards at A l e applicant c ryties that it will or will continue to provide a
oo aerativ Incfureee enfs gra�ndfs�uco tractss)uanedertltgaa.grants sub-
recipients drug-tree lace by:
recipients shaircer I and and. accordingly.
(a) P blishin a stat ment notitvin em to ees that the
unlawful manfacture, cis nbution tlaise ntsi ssessio qr
use k o a controlled.ciisuos' nce Is Cera a a e in he ranee s
6141-MfatheYMON,AND OTHER employees torvi atcio �aTsuch prohibiitioon; wibe aKetr against
b Establi nin a on-going drug-tree awareness program to
As required b Executive Order 12549, Debarment and tform emp�oye�s about
Sauspennsa n,.anc�implemented at 2h CI1R IHrt'67 forprospective
EFRcpa n 7iruar i cbovdred transactions, a§ defined at 8
(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;
(a) Are not presently. debarred, suspended, proposed for debar- (a3s�s s{aynce programs g,counseling, rehabilitation, and employee
ment declared inelicaable, sentenced to a denial of Federal
benefits by a State or-Federal court, or voluntarily excluded from (4q)�The penalties that may b im o dd moon employees for drug
covered transactions by any Federal department or agency; abuse vroia ions occurring'in he worscpiacpe;
(b� Have not within a thr e-yeai eriod ecedin is a fc tion faMallotftriance9 rptieagrant e given a copy of tete sgaageed in
}}o''�taco ng asion ot.nag{Odoor an ao pe o ense weir req ared by para ra )
e �tpvy($)Mat,g the employee.
c°ynec tion of She
statement
grant,
raerroti @ee II
OJP FORM 4061/6(3-91)REPLACES OJP FORMS 4061/2,4062/3 AND 4061/4 WHICH ARE OBSOLETE.
Y�
(1)Abide by the terms of the statement;and
vvi la ontyo.aecnmQnoyedrun strS ute ooccusrinr netheoworcitc�place no
la erhan five calenaar da�s after such conv4iciion;
e Noti in the a enc�r, in writin with' c lendar de s after
i nn nie ce e�gsu ra aph �a)� orrn an err�pc�lo ee Check r if there are workplace on file that are not identified
r o is rete vi a ua notic o uc convi ti .n. ere.
mplo er c nvic mo oy es st rovi otice n u in
3ositioh tit x,6%. e artrn nef oimy s{;c �f�i e b' cJ i a
ro ram ttr�o sk, gg3 Tn is a Me u �l Section 67 630 of the r ulations A ov des.that n ee that i
J roaahhin s n, : 2 g 1. I oefice sha l inc�udm the ioenefificatioii a state ma' elect tame a on cerflii ap o in.each -edter lti cai
number�s�of each a ected grant; yora. A coflit hficriit noJia ie Inc!caefoewith a ate p�gen ies
may elect'to use OJIg Form 48 '"/9/'.
MrTalns one. of thet. followiactions, within 30 lend r pecootoancmOloeewhoisngrconvieerigrapnd) with
Check r if the State has elected to complete OJP Form
4061/7.
Taking ap ro�n to m rsor}nel .action a%ain�st sucp n
regati°remen spothe'e{�abil San A o?tie/3,as amended hone P UGnt- REE WORKPLACE
tt RA TEES W O ARE INDIVIDUALS)
Li Requiring suP grrn a{Iitatro�li %ra to fanoove ifloa sue As�lreauire heC a' rt e7WorT�a5 �ct of 1988, and
uus ses�� e 1 ede�ale a e, or o a ea h,�aw en orcemen , eine a a ectioris arid gf.�f1� as
-
gr�tnier apjropnate agency;
A. Asacondition of the gr nt.I certify that I will not en a e in
(g)Making a good faith effort to continue to maintain a drug-free the unla ui manuf cture, aistfibuion, dispensing, osse
workplace through implementation of paragraphs(a), (b), (c), (d), r use o a oontroied substance in condiitiion any achy' with
(e), and(f). a grant; an
s� The rante ma insert m tie pace. rovided below the ite B. If convinced of a criminal drugoffense resulting.from a
ebo{ctl�aerormnce of work gone ini connection with tie violation occurringduring the conduc of any grant activity, I will
g report the convicion, in writing, within 10 calendar da s of the
conviction, to: De artment of Justice, Office of Justice Programs,
Poadcee of Performance (Street address, city, country, state, zip D C 205 31.Control Desk, 633 Indiana Avenue, N.W., Washington,
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
3600 S. Highway 27 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
/ �