Contract 2023-007A2023 007A
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HIDTA STATE AND LOCAL TASK FORCE AGREEMENT
This agreement is made this 1st day of October 2022, 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 USC § 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:
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.
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
pursuant to 21 USC § 878.
To accomplish the objectives of the DEA Orlando Mexican Poly -Drug Task Force,
will assign four (4) Special Agents to the task force. The parties to this agreement
understand that financial reimbursement to participating organizations is subject to the
budgeting, administrative and managerial decisions of the HIDTA Executive Board as
well as the availability of HIDTA funding (from whatever source). Subject to this
planning and budgeting guidance, the HIDTA will provide funding to support the
activities of Federal Special Agents, Task Force Officers, and other specified employees
(if any). 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.
W
During the period of assignment to the DEA Orlando Mexican Poly -Drug Task Force, the
CPD will remain responsible for establishing the salaries and benefits, including overtime, of
the parent agency officers assigned to the task force and for making all payments due them.
HIDTA will, subject to availability of annually appropriated funds, HIDTA funds may
reimburse the parent agency for overtime payments incurred by its Task Force Officers in an
amount not to exceed a sum equivalent to 25% of the salary of a GS-12, Step 1 of the general
pay scale for the rest of the United States The parent agency will bill overtime as it is
performed and no later than 60 days after the end of the quarter in which the overtime is
performed. The invoice will identify each investigator who incurred overtime for the
tasking 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.
Note: Task Force Officer's overtime "Shall not include any costs for benefits, such as
retirement, FICA, and other expenses "
6 In no event will the CPD charge any indirect cost rate to DEA for the administration or
implementation of this agreement.
7 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.
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 audits and examinations are completed and
resolved or for a period of six (6) years after termination of this agreement, whichever is
later.
9 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.
10 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.
11 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.
12 Vehicles may be provided by the parent agency or furnished by DEA subject to the
availability and approval of HIDTA funding for vehicle leases. DEA may request that
HIDTA fund installation and removal of mobile radios in task force vehicles and
reimburse the parent agency for fuel, maintenance, and repair attributable to use of the
vehicles for task force purposes. Accidents involving vehicles while in use for task force
purposes shall be reported and investigated in accordance with the procedures of DEA
and the parent agency.
13 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 parties acknowledge and understand that the United States of
America is liable for the wrongful actions or inactions of Federal employees, including
those Federal deputized as Task Force Officers, who are acting within the scope of their
employment under the Federal Torts Claim Act (2 8 U.S.0 §§ 2671 — 2680). This may
extend to representation of the covered employee if in the best interests of the United
States (28 C.F.R. § 50.15(a)(2)). A state or local employee participating in the Task
Force may concurrently or separately be covered for the purposes of liability by their
employer.
14 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.
15 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.
16 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.
17 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.
18 This agreement shall be effective from the date of the last signature of a party and will continue
in effect until September 30, 2026. This agreement may be terminated by either party on 30
days advance written notice. Federal funding of the HIDTA Task Force is subject to the
availability of annual appropriated funds for each federal fiscal year (October 1 through
September 30 of the next year). Billing for all outstanding obligations must be received by
DEA within 60 days of the end of each fiscal year or within 60 days of the date of termination
of this agreement. DEA will be responsible only for obligations incurred by CPD during
the term of this agreement on a fiscal year basis, subject to the availability of funds.
For the Drug Enforcement Administration:
DEANNEDigitally by
DEANNEIgned REUTER
REUTER 13:2700-05'00'S
Deanne L. Reuter
Special Agent in Charge
Miami Field Division
For the Clermont Police Department
l Charles L. road y
Chief
Date
Date
I•r
(1) Abide by the terms of the statement; and
(2) Notify the employer in writing of his or her conviction for a
violation of a criminal drug statute occurring in the workplace no
later than five calendar days after such conviction;
(e) Notifying the agency, in writing, within 10 calendar days after
receiving notice under subparagraph (d)(2) from an employee
or otherwise receiving actual notice of such conviction.
Employers of convicted employees must provide notice, including
position title, to: Department of Justice, Office of Justice
Programs, ATTN: Control Desk, 633 Indiana Avenue, N.W.,
Washington, D.C. 20531. Notice shall include the identification
number(s) of each affected grant;
(0 Taking one of the following actions, within 30 calendar
days of receiving notice under subparagraph (d)(2), with
respect to any employee who is so convicted-
(1) Taking appropriate personnel action against such an
employee, up to and including termination, consistent with the
requirements of the Rehabilitation Act of 1973, as amended; or
(2) Requiring such employee to participate satisfactorily in a drug
abuse assistance or rehabilitation program approved for such
purposes by a Federal, State, or local health, law enforcement,
or other appropriate agency;
(g) Making a good faith effort to continue to maintain a drug- free
workplace through implementation of paragraphs (a), (b), (c), (d),
(e), and (f).
B. The grantee may insert in the space provided below the site
(s) for the performance of work done in connection with the
specific grant:
Place of Performance (Street address, city, country, state, zip
code)
Check r- if there are workplace on file that are not identified
here.
Section 67, 630 of the regulations provides that a grantee that is
a State may elect to make one certification in each Federal fiscal
year. A copy of which should be included with each application
for Department of Justice funding. States and State agencies
may elect to use OJP Form 4061/7.
Check I— if the State has elected to complete OJP Form
406117.
DRUG -FREE WORKPLACE
(GRANTEES WHO ARE INDIVIDUALS)
As required by the Drug -Free Workplace Act of 1988, and
implemented at 28 CFR Part 67, Subpart F, for grantees, as
defined at 28 CFR Part 67; Sections 67.615 and 67.620-
A. As a condition of the grant, I certify that i will not engage in
the unlawful manufacture, distribution, dispensing, possession,
or use of a controlled substance in condition any activity with
the grant; and
B. If convinced of a criminal drug offense resulting from a
violation occurring during the conduct of any grant activity, I will
report the conviction, in writing, within I calendar days of the
conviction, to: Department of Justice, Office of Justice Programs,
ATTN: Control Desk, 633 Indiana Avenue, N.W., Washington,
D.C.20531.
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
Chief Charles L. Broadwa,
5. Signature
3. Grantee IRSNendor Number
6. Date
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
As required by Section 1352, Title 31 of the U.S. Code, and
implemented at 28 CFR Part 69, for persons entering into a grant
or cooperative agreement over $100,000, as defined at 28 CFR
Part 69, the applicant certifies that:
(a) No Federal appropriate funds have been paid or will be paid,
by 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 funds other than Federal appropriated funds have been
paid or will be paid 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 this Federal grant or
cooperative agreement, the undersigned shall complete and
submit Standard Form - LLL, "Disclosure of Lobbying
Activities," in accordance with its instructions;
(c) The undersigned shall require that the language of this cer-
tification be included in the award documents for all subawards at
all tiers (including subgrants, contracts under grants and
cooperative agreements, and subcontracts) and that all sub -
recipients shall certify and disclose accordingly.
2. DEBARMENT, SUSPENSION, AND OTHER
RESPONSIBILITY MATTERS
(DIRECT RECIPIENT)
As required by Executive Order 12549, Debarment and
Suspension, and implemented at 28 CFR Prt 67, for prospective
participants in primary covered transactions, as defined at 28
CFR Part 67, Section 67.510-
A. The applicant certifies that it and its principals:
(a) Are not presently debarred, suspended, proposed for debar-
ment, declared ineligible, sentenced to a denial of Federal
benefits by a State or Federal court, or voluntarily excluded from
covered transactions by any Federal department or agency;
(b) Have not within a three-year period preceding this application
been convicted of or had a civil judgment rendered against them
for commission of fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a
public (Federal, State, or local) transaction or contract under a
public transaction; violation of Federal or State antitrust
statutes or commission of embezzlement, theft, forgery,
bribery, falsification or destruction of records, making false
statements, or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly
charged by a governmental entity (Federal, State, or local) with
commission of any of the offenses enumerated in paragraph (1)
(b) of this certification; and
(d) Have not within a three-year period preceding this application
had one or more public transactions (Federal, State, or local)
terminated for cause or default; and
B. Where the applicant is unable to certify to any of the
statements in this certification, he or she shall attach an
explanation to this application.
3. DRUG -FREE WORKPLACE
(GRANTEES OTHER THAN INDIVIDUALS)
As required by the Drug -Free Workplace Act of 1988, and
implemented at 28 CFR Part 67, Subpart F, for grantees, as
defined at 28 CFR Part 67 Sections 67.615 and 67.620-
A. The applicant certifies that it will or will continue to provide a
drug -free workplace by:
(a) Publishing a statement notifying employees that the
unlawful manufacture, distribution, dispensing, possession, or
use of a controlled substance is prohibited in the grantee's
workplace and specifying the actions that will be taken against
employees for violation of such prohibition;
(b) Establishing an on -going drug -free awareness program to
inform employees about-
(1) The dangers of drugs abuse in the workplace;
(2) The grantee's policy of maintaining a drug -free workplace;
(3) Any available drug counseling, rehabilitation, and employee
assistance programs; and
(4) The penalties that may be imposed upon employees for drug
abuse violations occurring in the workplace;
(c) Making it a requirement that each employee to be engaged in
the performance of the grant be given a copy of the statement
required by paragraph (a);
(d) Notifying the employee in the statement required by
paragraph (a) that, as a condition of employment under the grant,
the employee will-
OJP FORM 4061/6 (3-91) REPLACES OJP FORMS 4061/2, 4062/3 AND 4061/4 WHICH ARE OBSOLETE.
ROUTING AND TRANSMITTAL SLIP
DATE
Monday, November 7, 2022
TO: (Name, Office Symbol, Room Number, Building, Agency/Post)
1. Reuter, Deanne L., SAC
Initials
Date
2. Mark E. Skeffington, Deputy SAC
3. Fleck, Kerry A, Division Counsel
KERRV FLECK � ,,,,,,,,,,a-
11/14/2022
4. Ortiz, Cheryl, ASAC
CHERYL ORTIZ
5.Ortiz-Garay, Ivelisse, SPO
,�E..�-.,....,._
11 /7/2022
6.
7.
8.
Action
File
Note and Return
Approval
For Clearance
Per Conversation
As Requested
For Correction
Prepare Reply
Circulate
For Your Information
See Me
Comment
Investigate
X
Signature
Coordination
Justify
REMARKS
MFD FY 2023 Tasks Force Agreement and 4061
HIDTA State and Local Task Force Agreement
ASAC ODO / HTF2 / TFO Lane
Clermont PD
Standard Language with extra paragraphs added for Equitable Sharing
MFD SAC - is the only authorized person to Sign the TFA's
FROM: (Name,
BERYL STEINFELD
B. Susan Steinfeld
AUTHORIZED FOR LOC)
Previous Edition is Usable
DO NOT use as a RECORD of approvals, concurrences, disposals,
clearances, and similar actions.
Symbol, Agency/Post)
Digitally signed by BERYL STEINFELD
Date: 2022.11.07 11:25:23 -05'00'
Room Number - Building
571-362-3080
National Stock Number OPTIONAL FORM 41 (REV. 5/2020)
7540-00-935-5862