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2013-43 STATE AND LOCAL HIDTA TASK FORCE AGREEMENT "CENTRAL FLORIDA HIDTA" This agreement is made this 1st day of October 2013; between the United States Department of Justice, Drug Enforcement Administration (hereinafter "DEA"), and the Clermont Police Department(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 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. 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 of the salary of a GS-12, Step 1 (RUS) federal employee, currently $17, 202.25, per officer. 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 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 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 CPA 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 Fore 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 I-IIDTA 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 b 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, 2014. This agreement may be terminated by either party on 30 days advance written notice. Billing for all outstanding obligations #rust 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: Mark R. Trouville Special Agent in Charge Miami Field Division For the Clermont Police Department: / / . / 5--- ( 5 Date. 7 - , Charles L. Broadway Chief 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 determii a the certification to which they are required to attest Applicants should also review the instructions for certification included in the regulations before completing this form 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 Debarment and Suspension (Nonpro-curement) and Government-wide Requirements for Drug-Free Workplace (Grants) " The certifications shall be treated as a material representation of fact upon which 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 public(Federal,State,or local)transaction or contract under a implemented at 28 CFR Part 69,for persons entering into a public cob commission of mbez le of Federal or State antitrust statutes grant or cooperative agreement over$100,000,as defined at or bommissific ti embezzlement,theft,records,fords, 28 CFR Part 69,the applicant certifies that bribery,falsification or destruction of records,making false statements,or receiving stolen property, (a)No Federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned,to any person for in- civilly not charged by a governmental for l otherwise(Federal,State or fluencing or attempting to influence an officer or employee of any local)with commission od a ovof any o the offenses State,d i agency,a Member of Congress,an officer or employee of local) aph (1)(b)of this of any of the offenses enumerated in Congress,or an employee of a Member of Congress in con- nection paragraph(1)(b)of this certification,and with the making of any Federal grant,the entering into (d)Have not within a three-year period preceding this applica- of any cooperative agreement,and the extension, continuation, lion had one or more public transactions(Federal,State,or renewal,amendment,or modification of any Federal grant or local)terminated for cause or default,and cooperative agreement, B Where the applicant is unable to certify to any of the (b)If any funds other than Federal appropriated funds have statements in this certification,he or she shall attach an been paid or will be paid to any person for influencing or at- explanation to this application tempting 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 3.DRUG-FREE WORKPLACE Federal grant or cooperative agreement, the undersigned shall (GRANTEES OTHER THAN INDIVIDUALS) complete and submit Standard Form-LLL,"Disclosure of Lobbying Activities,"in accordance with its instructions, As required by the Drug-Free Workplace Act of 1988,and (c)The undersigned shall require that the language of this cer- implemented at 28 CFR Part 67,Subpart F,for grantees,as tification be included in the award documents for all subawards defined at 28 CFR Part 67 Sections 67 615 and 67 620— at all tiers(including subgrants,contracts under grants and A The applicant certifies that it will or will continue to provide cooperative agreements,and subcontracts)and that all sub- a drug-free workplace by recipients shall certify and disclose accordingly (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 2.DEBARMENT,SUSPENSION,AND OTHER RESPONSIBILITY MATTERS workplace and specifying the actions that will be taken against employees for violation of such prohibition, (DIRECT RECIPIENT) (b)Establishing an on-going drug-free awareness program to As required by Executive Order 12549, Debarment and inform employees about— Suspension,and implemented at 28 CFR Part 67,for prospec- (1)The dangers of drug abuse in the workplace, tive participants in primary covered transactions,as defined at 28 CFR Part 67, Section 67 510— (2)The grantee's policy of maintaining a drug-free workplace, A The applicant certifies that it and its principals (3)Any available drug counseling,rehabilitation,and employee assistance programs,and (a)Are not presently debarred, suspended, proposed for debar- (4)The penalties that may be imposed upon employees for ment, declared ineligible, sentenced to a denial of Federal drug abuse violations occurring in the workplace, benefits by a State or Federal court,or voluntarily excluded from covered transactions by any Federal department (c)Making it a requirement that each employee to be engaged or agency, in the performance of the grant be given a copy of the state- ment required by paragraph(a), (b)Have not within a three-year period preceding this applica- tion been convicted of or had a civil judgment rendered against (d)Notifying the employee in the statement required by para- them for commission of fraud or a criminal offense in connec- graph(a)that,as a condition of employment under the grant, tion with obtaining,attempting to obtain,or performing a the employee will- OJP FORM 4061/6(3-91)REPLACES OJP FORMS 4061/2 4061/3 AND 4061/4 WHICH ARE OBSOLETE 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, Check 0 if there are workplaces on file that are not indentified (e)Notifying the agency,in writing,within 10 calendar days here after receiving notice under subparagraph(d)(2)from an Section 67,630 of the regulations provides that a grantee that employee or otherwise receiving actual notice of such convic-tion Employers of convicted employees must provide notice,including fiscal a l year may elect to mahehoe certification in with a each ap- position title,to Department of Justice,Office of fiscal year A copy of which should be included with each ap- Justice Programs,ATTN Control Desk,633 Indiana Avenue, pllc lion for Department of Justice funding States and State N W,Washington,D C 20531 Notice shall include the iden- tification number(s)of each affected grant, Check 0 if the State has elected to complete OJP Form (f)Taking one of the following actions,within 30 calendar 4061/7 days of receiving notice under subparagraph(d)(2),with respect to any employee who is so convicted— DRUG-FREE WORKPLACE (1)Taking appropriate personnel action against such an (GRA NTEES WHO ARE INDIVIDUALS) employee,up to and including termination,consistent with the As rOqutred by the Drug-Free Workplace Act of 1988,and requirements of the Rehabilitation Act of 1973,as amended,or implemented at 28 CFR Part 67,Subpart F,for grantees,as (2)Requiring such employee to participate satisfactorily in a defined at 28 CFR Part 67, Sections 67 615 and 67 620— drug abuse assistance or rehabilitation program approved for A As a condition of the grant, I certify that I will not engage such purposes by a Federal, State,or local health,law enforce- in the unlawful manufacture,distribution,dis ensin ment,or other appropriate agency, manu g,posses- ston,or use of a controlled substance in conducting any (g)Making a good faith effort to continue to maintain a drug- activity with the grant,and free workplace through implementation of paragraphs(a),(b), (c),(d),(e),and(t) B If convicted of a criminal drug offense resulting from a violation occurring during the conduct of any grant activity, I B The grantee may insert in the space provided below the will report the conviction, in writing,within 10 calendar days site(s)for the performance of work done in connection with of the conviction,to Department of Justice,Office of Justice the specific grant Programs,ATTN Control Desk,810 Seventh Street NW, Place of Performance(Street address,city,county,state,zip Washington, DC 20531 code) 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 865 West Montrose St. Clermont, FL 34711 2 Application Number and/or Project Name 3 Grantee IRS/Vendor Number Charles L. Broadway, Chief 4 Typed Name and Title • •uthonzed Representative 5 Signature 6 Date •U S Government Pnni,ng Office 1996- 405-037/40014