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2012-61 RECEIVED AUG 23 2012 STATE AND LOCAL HIDTA TASK FORCE AGREEMENT "CENTRAL FLORIDA HIDTA" I his aglcenleilt is made this 1"day of October 2012. between the United States Department of Justice. Drug Enforcement Administration (heremaftei "DEA"), and the Clermont Police Department (hereinafter "('PD") Ube DEA is authorized to enter into this cooperatne agieement concei ping the use and abuse of controlled substances under the pros isions of 21 IJS 873 Whereas there is evidence that trafficking in narcotics and dangerous drugs exists in the Florida area and that such illegal acti\its• 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 1 he DEA Orlando HIDTA Mexican l'ol■-Drug Task Foice perform the actin itics and duties described below. a disrupt the illicit drug traffic in the Florida area by immobilizing targeted violatois and trafficking organizations, h gather and report intelligence data 'elating 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 etfcctise prosecution before the courts of the t united States and the State of Florida 2 fo accomplish the objectives of the Mexican Poly-Drug Task Force, the CPI)agrees to detail one (1) experienced ofiicei(s) to the Mexican Poly-Drug Task Force for a period of not less than two years During this period of assignment. the C'PD officers will he under the direct supci vision and control of DEA supervise'y personnel assigned to the task force 3 I he ('PD utlicets assigned to the task force shall adheie to all DEA policies and proceduies. Failure to adheie to DEA policies and procedures shall he grounds for dismissal from the task force 4 file CPD officers assigned to the task force shall he deputized as task force officers of DEA pursuant to 21 USC 878 5 '1'o accomplish the objectives of the DEA Orlando Mexican Poly-Drug Task Force. DEA 11 ill assign four (4) Special Agents to the task force I I1DTA will also, subject to the availability of annually appropi iated funds or any continuing resolution thereof; pros ide necessary funds and �_- 2 ■ equipment to support the ails lure of the DLA Special Agents and CPD officers assigned to the task force 1 his support w Ill include office space office supplies travel funds,funds for the purchase of es idcncc 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 IIIDT4 will,subject to availability. of funds,reimburse the CPD for overtime payments made by it to the('P1)officers assigned to the DEA Mexican Poly Drug l'ask Force for overtime,up to a sum equivalent to 25 percent of the salary of a OS-12 Step I (RIIS)federal employee.currently 'f I7,202.25 per officer Note: Task Force Officer's overtone"Shall not include any cOSA for benefits,such as retirement,FICA,and other expenses." 7 In no event will the CPD chaige any indirect cost rate to DI-A for the administration or implementation of this agreement S I he('PD shall maintain on a current basis complete and accurate recoids and accounts of all obligations and expenditures of funds under this agreement in accordance with generally accepted accounting principles and instructions pros ided by DEA to facilitate on-site inspection and auditing of such records and accounts 9 I he('P1)shall permit and have readily asailable for examination and auditing by 1)I A.the I imted 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. ins Dices receipts or expenditures relating to this agreement I he CPD shall maintain all such reports and records until all audits and examinations are completed and resolved or for a period of three(3)years after termination of this agreement,whichever is sooner 10 1 he CPD shall comply with Fitle 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,0,H and 1 I I 1 he CPD agrees that an authorized officer or employee will execute and return to DEA the attached()JP Form 4061/6,Certification Regarding Lobbying,Debarment,suspension and O1hei Responsibility Matters,and drug-free Workplace Requirements The CPD acknowledges that this agreement will not lake effect and no federal funds will be awarded until the completed certification is received 12 When issuing statements,press releases requests for proposals,hid solicitations and other documents describing projects or programs funded in whole or part with federal money,the C'P1) shall clearly state (1)percentage of the total cost of the program or protect which will be financed w rth federal money and(2)the dollar amount of federal hinds for the program or protect 13 I he C'PD understands and agrees that HiD1 A will provide the DEA Mexican Yoh-Drug 1 ask Force Officers with %ehicles suitable for surveillance 11101 1 through DEA will furnish mobile radios for installation in the Hl1)I A i ask Force vehicles and HIDTA will assume the cost of installation and remosal HID1 A will be financially responsible for the purchase of fuel for the leased■ehicles and for providing routine maintenance i e.oil changes,luhes and minor tune-ups is the HID I A lease contractor DI A and HIDTA procedures for reporting and investigating automobile accidents invoking Official Government Vehicles(OGV'S)-HIDI 1 lease sehrcles shall apply to accidents involving the leased%ehicles furnished to the CPi) personnel. in addition to w hates er accident reporting requirements the('PD may have 14 \\bile on dots and acting on task foice business,the('PD officers assigned to the HiD I A task force shall be subject to all DLA and federal go%eminent iulcs regulations and procedures gos cr ing the use of O(,V's for home to work transportation and Ibi peisonal business The HIM A Fvecutrsc Committee acknowledges that the United States is liable for the actions of task force of ficei,while on duty and acting within the scope of their federal employment,to the extent permitted by the Federal I orts Claim Act I S All sharing of federally forfeited property will he done in accordance with the I1 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 he made by 1)EA to make a fair and impartial distribution of federally forfeited assets 16 Among members of the Orlando District Office MIA I ask I orce(ODOiI 1 F),sharing of federally forfeited property will he based on the number of officers each participating agency assigns to the O1)O1f1 I' 17 iquitable sharing distributions with non-OOO111T agencies shall he based on the number of work hours expended by the non-ODOHTF agencies in the investigation In investigations where agencies not comprising the ODOH 1 F participate in the investigation leading to the seizure and federal forfeiture of assets,shainig may also be determined on the ultimate qualitative salue of the information pros ided to the ODOI ITF In making the distribution determination,DEA will take into consideration the originator of the information,the des elopntent 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 ODOI I IT agencies(e g independent agency units,narcotic squads,detective squads etc)shall he based on the number of work hours expended by contributing ODOH IT agencies in the investigation In investigations where agencies(e g independent agency units,narcotic squads,detective squads etc)compnsmg the 000111F participate in the investigation leading to the seizure and federal forfeiture of assets, sharing may also he determined on the ultimate qualitative value of the information provided to the 00011 I F In making the distribution determination,DEA w ill take into consideration the S 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 1 he term of this agreement shall be effective from the date in paragraph number one until September 30,2013 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 CPI)during the term of this agreement For the Drug Enforcement Administration / / Date J'/2 9/d M��' rouvi e ,tcual Agent in Charge Miami'Field Division For the Clermont Police Department .a ,/ iLL t/,� Date. '91 ` � o/ Char L Broadway Interim!Chief � Y i I)Abide by the terms of the statement and 12) Notify the employer in writing of his or her conviction for a ‘iotation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction, lel Notifying the agency in writing within 10 calendar days after receiving notice under subparagraph (d)(2) from an Check 1 if there are workplace on file that are not identified ' employee or otherwise receiving actual notice of such convic here lion Employers of convicted employees must provide notice including position title to Department of Justice, Office of Section 67 630 of the regulations provides that a grantee that Justice Programs ATtN Control Desk, 633 Indiana Avenue is a State may elect to make one certification in each Federal N W Washington D C 20531 Notice shall include the!den- fiscal year A copy of which should be included with each ap lificetion number(s)of each affected grant plication for Department of Justice funding States and State (II Taking one of the following actions within 30 calendar agencies may elect to use OJP Form 4061,7 days of receiving notice under subparagraph (d)(21 with Check j I if the State has elected to complete OJP Form respect to any employee who is so convicted- 4061/7 (1)Taking appropriate personnel action against such an employee up to and including termination consistent with the DRUG-FREE WORKPLACE requirements of the Rehabilitation Act of 1973 as amended or (GRANTEES WHO ARE INDIVIDUALS) (2) Requiring such employee to participate satisfactorily in a As required by the Drug Free Workplace Act of 1988 and drug abuse assistance or rehabilitation program approved for implemented at 28 CFR Part 67 Subpart F for grantees as such purposes by a Federal State or local health law enforce- defined at 28 CFR Part 67 Sections 67 615 and 67 620 ment or other appropriate agency A As a condition of the grant I certify that I will not engage (g) Making a good faith effort to continue to maintain a drug- in the unlawful manufacture grant, dispensing posses free workplace through implementation of paragraphs (a) Ib) won, or use of a controlled substance in condition any IC) (d) (e) and(fl activity with the grant and B The grantee may Insert in the space provided oelow the B If convinced of a criminal drug offense resulting from a it spefor the performance of work done in connection with violation occurnng during the conduct of any grant activity I will report the conviction in writing within 10 calendar days j of the conviction to Department of Justice Office of Justice Place of Performance 1Street address city country state zip Programs ATTN Control Desk, 633 Indiana Avenue, N W coder Washington DC 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 ,ii i i • ' _ _ i•1_ . I i' _,. 1.,, ■ ii . i __1 , - I• r ii I,i i-ii' a,,', rtir•, II, ii.r.,,-,, .1 C1,,-iii v',, I L ',I I, i 2 Application Number and/or Project Name 3 Grantee IRSNendor Number _,i, _irn Ii.-■ I r. ,I I.,,r, 4 Typed Name and Title of Authorized Representative f 1 5 Signature 6 Date •