2011-77JS pePartrnenof
U. S. Department of Justice
Drug Enforcement Administration
F Q� Orlando District Office
300 International Parkway, Suite 424
Heathrow, FL 32746
October 31, 2011
Chief Steve Graham
Clermont Police Department
865 West Montrose St.
Clermont, FL 32707
Dear Chief Graham:
Enclosed is a copy of the fully executed FY 2012 HIDTA State and Local Agreement for your files.
Sincerely,
Jeffrey T. alsh
Assistant Special Agent in Charge
Enclosure
RECEIVED AUG 18 2011
STATE AND LOCAL HIDTA TASK FORCE AGREEMENT
"CENTRAL FLORIDA HIDTA"
This agreement is made this 1st day of October 2011, between the United States Department of
Justice, Drug Enforcement Administration (hereinafter "DEA "), and the Clermont Police
Depart ent (hereinafter "CPD "). The DEA is authorized to enter into this cooperative
agreem nt concerning the use and abuse of controlled substances under the provisions of 21
U.S.C. 1 873
Where 4' 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 PEA Orlando HIDTA Mexican Poly -Drug Task Force will perform the activities and
duties d6scribed below:
disrupt the illicit drug traffic in the Florida area by immobilizing targeted violators and
traflckilg organizations;
li. gather and report intelligence data relating to trafficking in narcotics and dangerous
drugs; aid
G. 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 acicomplish 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 qPD officers assigned to the task force shall adhere to all DEA policies and procedures.
Failure t0 adhere to DEA policies and procedures shall be grounds for dismissal from the task
force.
4. The 44PD 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 annualy appropriated funds or any continuing resolution thereof, provide necessary funds and
equipme t to support the activities of the DEA Special Agents and CPD officers assigned to the
task ford. This support will include: office space, office supplies travel funds, funds for the
purchase i 1 of evidence and information, investigative equipment, training and other support items.
6. Duripg 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 i 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 pf the salary of a GS -12, Step 1 (RUS) federal employee, currently $ 17,202.25, per
officer. .
7. In no event will the CPD charge any indirect cost rate to DEA for the administration or
implementation of this agreement.
8. The VPD 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 auAing of such records and accounts.
9. The (PD shall permit and have readily available for examination and auditing by DEA, the
United E tates 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, claims, 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
Rehabili ation Act of 1973, the Age Discrimination Act of 1975, as amended, and all
requirerr, ents imposed by or pursuant to the regulations of the United States Department of
Justice i *lplementing 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 PJP 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 adios 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 le4sed 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. He on duty and acting on task force business, the CPD officer assigned to the HIDTA
task fo ce shall be subject to all DEA and federal government rules, regulations and procedures
gove ng 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 fo ce officer, while on duty and acting within the scope of their federal employment, to the
extent �ermitted by the Federal Torts Claim Act, 28 U.S.C. 2401 (b) 2671 -2680.
15. Ali 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 1,4al Law Enforcement Agencies (April 2009). Every effort will be made by DEA to make
a fair a# d impartial distribution of federally forfeited assets.
16. ong members of the Orlando District Office HIDTA Task Force ( ODOHTF), sharing of
federal y forfeited property will be based on the number of officers each participating agency
assigns to the ODOHTF.
17. Eq�table 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 4gencies 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
qualitat.ive value of the information provided to the ODOHTF. In making the distribution
determination, DEA will take into consideration the originator of the information, the
develor ent and/or use of confidential informants or sources of information, and the critical
nature th e assistance to the investigation.
18. Equitable sharing distributions with contributing ODOHTF agencies (e.g. independent
agency iunits, 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 imay 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
originatbr 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 specified in the opening
paragrath until Rptember 30, 2012. This agreement may be terminated by either party on 30
days ad+ance written notice. Billing for all outstanding obligations must be received by DEA
within 910 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:
k R.-TrouvTle
Special gent in Charge
Miami Field Division
For the Clermont Poli yep ent:
Steve Grah
Chief
Date: CY 3 1-ft
Date:
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(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 ccr�iminal 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 convic-
tion. Employers of convicted employees must provide notice
induding position title to: Department of Justice, Office of
Justice rograms, ATtN: Control Desk, 633 Indiana Avenue,
N.W. Washingtppn D.C. 20531. Notice shall include the iden-
tification numbef(s) of each affected grant;
(f) 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 appyopriate personnel action against such an
employee, up t and including termination consistent with the
requirements of1he Rehabilitation Act of 193, as amended; or
(2) Requiring sych employee to participate satisfactorily in a
drug abuse assistance or rehabilitation program approved for
such purposes by a Federal; State, or local health, law enforce-
ment, or other appropriate agency;
(g) Making a g od faith effort to continue to maintain a dru -
rrree wo lace hrough implementation of paragraphs (a), (b�,
and�fl.
B. The grantee. may insert in the space provided below the
site(s) for the Oerformance of work done in connection with
the specific grant:
Place of Performance (Street address, city, country, state, zip
code)
Check ❑ 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 ap-
plication for Department of Justice funding. States and State
agencies may elect to use OJP Form 4061/7.
Check ❑ if the State has elected to complete OJP Form
4061!7.
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, posses-
sion, 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 10 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 Steve Graham
Clermont Police Department
665 West Montrose St. Clerm FL 32707
2. Application:Number and /or Project Name 3. Grantee IRS/Vendor Number
Steve Graham, Chief
4, Typed Namle and Title oy
5. Signature B. Date