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Contract 2018-74ORGANIZED CRIME DRUG ENFORCEMENT TASK FORCES FY 2019 Agreement FOR THE USE OF THE STATE OR LOCAL OVERTIME AND AUTHORIZED EXPENSE/STRATEGIC INITIATIVE PROGRAM DONS #: Ct310A 3855 Federal Tax Identification #: 59-MO290 Amount Requested: $18,500.00 Number of Officers Listed: 1 From: October 1, 2018 Begiwiag Dare afAg sot To: September 30, 2019 EMing Date ofAgreemmr State or Local Organization Narcotics Superviwr. Capt. Michael McMaster Telephone Number: (352) 536-8402 E-mail Address: mmcmaster@dennonM.org Sponsoring Federal Agency(ia): Drug Enforcement Administration (DEA) trFMS Doc#: OCDETF Investigation / Strategic Initiative Number. WG-CR-0017 NOP"ne" Nosedive Name: Federal Agency Investigations: Number: G13-130031 State or Local Organization Name: Clermont Police Department Address to receive OCDETF paperwork (m PO Boxes): ATTN: Capt M. McMaster 3600 S. Highway 27 Clermont, FL 34711 Sponsoring Federal Agency Gmup/Squad Swer ism: GS Christopher Lane Telephone Number: (407) 333-7000 E-mail Address: Chdstopher.f.lan a @usdoj.gw Please provide the name, telephone number, e-mail address, and fax number for the financial staff person at the State or Local Organization, who is directly responsible for the billing on the Reimbursement Request: Name: Diane Carter Telephone Number: (352) 536-8438 E-mail Address: dcarter@clermontfl.org Agreement (FY19), Page 1 This Agreement is between the above named State or Local Law Enforcement Organization and the Organized Crime Drug Enforcement Task Forces (OCDETF) Program. This Agreement shall be effective when signed by an authorized State or Local Organization official, the sponsoring Federal Agency Special Agent -In -Charge, the sponsoring Agency Regional OCDETF Coordinator, the Assistant United States Attorney Regional OCDETF Director, and the OCDETF Executive Office. 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 Drug Enforcement Task Forces State 2. No individual Agreement with a State or Local organization 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 prior 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 Director to the OCDETF Budget OfficedDeputy 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 must be transmitted by a memorandum approved and signed by the AUSA Regional OCDETF Director 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 Organization indicates that it is no longer performing work under a particular Agreement, the State or 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 or Local Law Enforcement Organization 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 (FY19), Page 2 6. 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. 7. Officers who are deputized may possess Federal Law Enforcement authority as specified by the Agency affording the deputation. 8. 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. 9. OCDETF and the sponsoring Federal Law Enforcement Agency(ies) for the approved OCDETF Investigation or Strategic Initiative will provide to the assigned State or Local officers the clerical, operational and administrative support that is mutually agreed to by the parties in this Agreement. 10. Officers assigned to OCDETF Investigations or Strategic Initiatives should work frill -time on the Investigation(s) or Strategic Initiative(s) in order to be paid overtime. In order to satisfy the "full-time" expectation, a Law Enforcement officer should work forty (40) hours per week or eight (8) hours per day on a single or multiple OCDETF Investigation(s) or Strategic I itiative(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 Organization 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 Organization for a limited amount of those overtime costs.] The Organization 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. 11. It is the responsibility of the State or Local Organization 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 or Local official. 12. 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 Organization affected by any such modification will receive a memo notifying them of the changes. Agreement (FY19), Page 3 13. Overtime payments, including all other non-OCDETF Federal sources (such as Safe Streets, FBDTA, 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 Organization 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. 14. 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. 15. Under no circumstances will the State or Local Organization charge any indirect costs for the administration or implementation of this Agreement. 16. The State or Local Organization 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. 17. The State or Local Organization 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 Organizations from receiving OCDETF funding in the future. 18. The State or Local Organization 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. 19. 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. Agreement (FY19), Page 4 20. 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 Organizations must complete and submit the attached EFT form. The OCDETF Executive Office must receive one EFT form from each participating organization prior to processing then reimbursement payments. In certain circumstances the OCDETF Executive Office may make exceptions for Organizations that are unable to accept this form of payment, however, such Organizations must include written justification in the addendum of each new Agreement. 21. 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 Director or designee must initial all funding changes. 22. 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 Organizations 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. 23. Restrictions: Fringe benefits (such as retirement, FICA, or other expenses) are NOT to be included in overtime payment. Auxiliary educational benefits we also NOT to be included in overtime payment. Reimbursement of overtime payment is based solely on the authorized overtime rate of each participating officer listed in the Agreement. Under no circumstances may a State or Local agency include any administrative fees for the processing of overtime. Additionally, officers are not eligible for reimbursement of compensation time earned in lieu of overtime payment. OCDETF will only reimburse an actual $ amount paid to the officer for overtime worked, any additional benefit (including compensation time) will NOT be reimbursed. 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 Organization. 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 all the terms and conditions of the Agreement have been met. Each Agreement must be approved and signed by a State or Local Law Enforcement Organization official who has supervisory authority over, and is authorized to assign, the participating Law Enforcement officers to the OCDETF Investigation or Strategic Initiative. Agreement (FY19), Page 5 Approved By. Approved By: Sponsoring Federal Agency Sparta(Agent in Charge or Designee Date Print Name Approved By: JeraWLucar, DEASporvoring Agency Regional OCDETF Coordinator Date Approved By: Mary V.(Jena)King AUSA Regional OCDETF Director Date Funds are encumbered for the State or Local Organization overtime costs and authorized expense/Strategic Initiative Programs specified above. Subject to availability of funds. Funds Certified: OCDETFExecudve Office Date Approving Official: OCDETF Executive Office Date Agreement (FY19), Page 6 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 smteor Local Organization: Clermont Police Department OCDETF Investigation / Strategic Initiative Number: WG-CR-0017 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 D B ,,-A CA..,. ,k. n Officer 6/12/80 Agreement (FY 19), Page 7 Addendum A Definition of "Ful"Time Participation" Exemption Any Other Exceptions or Justifications pgeement TY19), Page 8 Addendum B Identification of Additional Policy Requirement' Agreement, the Florida/Caribbean OCDETF Financial e In regard to the FY 2019 State and follows: Committee has approved modifications to the below numbered Paragraphs as 20 without 5. The maximum number of officers assigned to an agreement cannot exceed twenty ( ) written justification. 12. 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 organization affected by any such modification will receive a screen printout of the agreement funding change. ceased federally by Additional Note: All assets seized in the investigation will be Pro OCDETF federal agency unless otherwise specified m the ETFOCDEIT rep Investigation or in a subsequent addendum to the IlF or other OCET'F reports. Equitable the sponsoring federal, state and local initiation Form (IIF) remains available to all the participating sharing of forfeited assets governed by the rules and regulations of the organiations. Equitable sharing requests will be g Department of Justice Asset Forfeiture Fund or Treasury Execrmve Officer for Asset Forfeiture an Treasury Forfeiture Fund Program as applicable. Agreement (FYI9), Page 9