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Contract 2021-077Ai'bAC,dso'!\ t �, #2021-077-A AUG 2 7 2021 STATE AND LOCAL HIDTA TASK FORCE AGREEMENT "CENTRAL FLORIDA HIDTA - HIDTA 2" This agreement is made this Pt day of October 2021, between the United States Department of Justice, Drug Enforcement Administration (hereinafter "DEA"), and the Clermont Police Department ORI # FL0350300 (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 Heroin Task Force, the CPD will remain responsible for establishing the salaries and benefits, including overtime, of the 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 payment. Annual overtime for each state or local law enforcement officer is capped at the equivalent of 25% of a GS-12, Step 1, of the general pay scale for the Rest of United States. Reimbursement for all types of qualified expenses shall be contingent upon availability of funds and the submission of a proper request for reimbursement which shall be submitted monthly or quarterly on a fiscal year basis, and which provides the names of the investigators who incurred overtime for DEA during the invoiced period, the number of overtime hours incurred, the hourly regular and overtime rates in effect for each investigator, and the total cost for the invoiced period. Invoices must be submitted at least quarterly within 30 days of the end of the invoiced period. 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 six (6) 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, 2022. 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: La Verne J. Hib ert Acting Special gent in Charge Miami Field Division D.,1i�.o rlar�arfmant• Date: '" Charles L. Broadway Chief f-- U.S. DEPARTMENT OF JUSTICE 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 o is (Federal . State,. r local) tea actin or co tract under a lit transaction; . vio°lation of r�edefaa o tat ntitrust As a uir d b %e 4W 1352 Title 31 of the U..S. Code, an �u�s of commission � of em ezfz emen� he� or eA ercenaed a aa2gq8rr cG`FR Part 69, 1`pLp r ns e t rin into an e fa sification . or d struction o records, ma ing alrsYe �aRog?, t�ae ppirca a certifies that:Uu'u�� as r�e�#me�i at 2 FR sae tints, or receiving sto en property; (ba ) No Federal appropriate funds have been paid or will be paid, y or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of 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 cooperative agreement, and extension, continuation, renewal, amendment, or modification of any Federal grant or cooperative agreement; �b . If any .ff ds other than Federal a pr ppriated funds have been +d or wilNiie aid to anympppar%sQPon fo m encinc or ahem inlq t mreg a ,nere°ss mpcohne°tion°vvitrhe to s Fer�erapq�Or�ana o� qress a ar embet o copmeratixe agreemnt, the T�c�ersi�ed s all comp e e an c ivAes, in adccorrdance with its instructionsosure o o hying �Are riot presentl indict d for or th rwise criminal) or civOl Har ed t a over�i ntaT ntit (�ecueral, St tQ, or IU wi Ki �o)mrissionf aMoo; of tare of ens�s enumerate in paragra�h1) o this ce ifica oo; and �d�dl lave not within publi eettr�aesaote io pFed°edai,geii per °focap) termmatecaforrncause or dcefaur�t; an B. Where the a plicanntt is. unable to c rtify to an f the stat meats m thia c rb ication, he or safe shall aLc4 an explanation to this application. DRUUG-FREE WORKPLAC GRANTEES OTHER THAN I IVIDUALS) ims lar�ente a eC��u Frreg NrIl�larcrtte itof1988,s aas dNiined at §8 � Part �� Sections 6�61�and �����- a�The ndersigne sh II require that the la ua 1e f this cer- llI c tion in i g in t e aw rd doc ments pp Ssu awards at A I e a li a t c rtities that it will or will continue to provide a iers�ncludin sgranas, onract Udgr�nel� nrant a d drugeer�Cpraceeby: cIo erativ ree.M�ents, nd suncontr s antl tftgat ai� sua- recipients shaircertify and disclose accordingly. u P b ishin a stat ment noti In employees that the u�law ma ufa to e, istnbutiort, is nsi ssession, qr - use iu�a co�iatro�iec� su stance is gr% i ite in hl prantee s �I�SLEd IUN, AND OTHER wor�place an SReCif in� the actin at wi be a e against Wwhp) TTER emp oyees or vi0latio o such pro ibiUon; Saasrt Pequired.a by. lExecutive time ted aOr%rjF 5Prt'67, toarmoesnte and e �FRci artn6s7,�r�eetionnr�7cgl6.red transactions, as de inedpacft tt go msemiplsoye�s ar�bo°uf9oing drug -tree awareness program to (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 presently debarred, suspended, proposed for debar- (aSJsisGnce programs; ganc� ment declared ineli able, sentenced to a denial of Federal benefits by a State orederalyourt, or voluntarily excluded fro Y �41 The �gr}alties that may.bimoskepcll ucpon employees for drug covered transactions b an Federal department or agency; ; use v o a ions occurring in a or a e; b Have not w th' a thr a -yea period reced'n t is applic tion (c) MaKn it a re ittgment that each em to eee to be en a ed i �en convicted oQ r h e a ai cri�ndrfia o t ren ei e apect t t�eT req i ed b�y paragraph e(ayrant be even a� c� of the siatemenr� olr commis on of fraud taining, aWemptmg to oaitain, or performing a tthh (d� N�notif�+i�n� tht, as aPcoynclition oftempi�oymetfnunc�ergt�ia granty ra ra e e oy wi OJP FORM 406116 (3-91) REPLACES OJP FORMS 4061/2, 4062/3 AND 406114 WHICH ARE OBSOLETE. r (1) Abide by the terms of the statement; and vala Itonyo. aecrlmpn2yecrrtin sari utg occusrinr brlethe workplace no later than five calendar dagys after such con fiction; ((e) Not i in the a T i writin with' c lendar days after PeceiIhn ngOtice tperY'su%raaph.a)? from an errrplot,'Re r o wis rel;e vl a ua notic o . uch cor)vi tgmpllJositioversc nnJvlc c��toy es g st rovid5 otice n �u ic roprn!n�eD.0 2 531 .r Notice shall I�e tifc�tcatlon ro ram A rol esk in la a Ave ue num er�s�o1 each a ected grant; TIN one. of the. followir��q actions, gthiQ 30)( �lendgr ress o eceivin notice un r su ar ra d wi pect to any eQloyee who Is so convi�ter L1� Taking ap ro�ri to rsonnel , action against such n q� rge, u r hnc�I C in tedmin t�c�i1�3 assamendec�t or�1e re it ments�o the e a I i at�on ct o Check r- f there are workplace on file that are not identified Uere. S cti n 67, 633 0 f the r ulabons A ov des.that a g ntee that i a petareA a ele�r th.cma � ons OF]e cerfifi a� o In, ach edpr�' fi ca oaI �may�elect toXns?eo �� Fo m t� nc� t1 tee anhde date �gencles Check I- if 40t6he 117. State has elected to complete OJP Form FGRANTEES WHO ARE INDIVIDUALS) �?� Requiring such emtlQyehlitatlo� Iipram to fa o�elc itoastic� Imslerr�er�tcCI°Frt7W�6tKplace �� Ft of 19tee'saas use as pI an a or a b' gurppses a ederal, to e, or o a ealth, �a�w en orcement, de Ine a art ;Sections and r tither appropriate agency; A. Asa o dition of the gr nt. I certify that I will not engage in (g) Making a good faith effort to. continue to maintain a drug- free the unta ru�manuf cture, cristhbution, dis . nsin oss io workplace through implementation of paragraphs (a), (b), (c), (d), ruse oy a ontrol�etd substance in coneitlon 2gri�activiy wi�h (e), and (f). �e grant; anc� �'dThe rant? ma insert in tie space.provided below the Ite B. If convinced of a criminal drug offense resulting, from a s fo tiie errormsnce of work done Ih connection with tie violation occurring during the conduct of any grant activity, I will eCfONC grarft: report the conviction, in writing, within 10 calendar days of the conviction, to: Department of Justice, Office of Justice Programs, PoapQ of Performance (Street address, city, country, state, zip D C 20531. 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 South Highway 27, Clermont, FL 34711 2. Application Number and/or Project Name 4. Typed Name and Title of Authorized Representative Charles L. Broadway, Chief 3. Grantee IRS/Vendor Number 6. Date r7 �' gD—