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2015-36 MEMORANDUM OF UNDERSTANDING AND LETTER OF AGREEMENT FOR PARTICIPATION IN THE METHAMPHETAMINE CLANDESTINE DRUG LABORATORY HAZARDOUS WASTE CENTRAL STORAGE CONTAINER PROGRAM PREFACE A. Background On April 21, 2015, the Florida Department of Law Enforcement (FDLE) renewed the Authorized Central Storage Program Letter of Agreement (LOA) with the United States Department of Justice, Drug Enforcement Administration (DEA), which is incorporated herein as "Exhibit 1." The LOA provides, as a part of FDLE's participation in the DEA Central Storage Program, that FDLE "may, at their discretion, enter into separate Agreements with its local law enforcement agencies in order for such agencies to participate in this Authorized Central Storage Program:" B. Purpose The purpose of this MOU is to establish the terms and conditions under which the Florida Department of Law Enforcement and the undersigned, as a participating local law enforcement agency, will agree to jointly assume with FDLE, the obligations set forth herein in order to participate in the DEA Central Storage Program (hereinafter "Program"). II. TERM OF MOU This MOU is effective upon the date last signed and executed by the duly authorized representatives of the parties to this MOU and shall remain in full force and effect until April 21, 2018. III. RESPONSIBILITIES A. The undersigned agency agrees that law enforcement officers employed and assigned by the undersigned agency, acting jointly with FDLE in the Program,will: 1. Perform the activities and duties of a "generator" of all hazardous waste that is transported, stored, or disposed off-site from a clandestine drug laboratory, as defined in 40 C.F.R. Parts 260, et seQ 2. Assure that law enforcement officers employed by the undersigned agency and assigned to the Program have received 40 hours of Occupational Health and Safety Administration (OSHA) training and a minimum of eight (8) hours of RCRA/ United States Department of Transportation (DOT)function-specific training related to packaging, labeling, transporting and storing hazardous waste; 1 of 5 3. Seize, characterize, package, manage, and remove all hazardous waste discovered at or associated with clandestine laboratories(except for evidence or samples that are collected and maintained for investigation purposes and the remediation of residual contamination from a clandestine drug laboratory); 4. Transport such waste to designated collection stations that have been approved by the state for temporary storage prior to disposal; 5. Store, maintain, and secure only clandestine laboratory-related hazardous waste in state-approved collection stations; 6. Inventory and label all hazardous waste stored in the collection stations in proper containers according to the clandestine laboratory or location from which the hazardous waste was generated (inventories must include date, time, and location of seizure); 7. Designate, if requested by FDLE, properly trained and equipped law enforcement officers to serve as collection station Operators for the purpose of accepting or declining hazardous waste delivered to collection stations; 8. If providing law enforcement officers to serve as collection station Operators, only accept clandestine drug laboratory-related waste when such waste has been identified, packaged, characterized and transported to the collection station by an individual or individuals possessing the required training; 9. Immediately report to the appropriate state or federal agency for appropriate action, instances in which clandestine laboratory-related hazardous waste has been packaged, transported, or stored in violation of applicable Federal, State, or local environmental requirements; 10. Complete, if requested by FDLE, an EPIC Form 143, upon seizure of a • clandestine laboratory, and submit the information to the El Paso Intelligence Center(EPIC)for entry into the National Seizure System (NSS); 11. Send for, if requested by FDLE, pick-up and disposal services by DEA- designated hazardous waste contractors, by contacting the respective DEA POC and indicating which of the containers contain waste; 12. Carry out the tasks set out in paragraphs 1-8 above in compliance with all applicable Environmental Protection Agency (EPA), OSHA, and DOT authorizing statutes and regulations, as well as State of Florida and local restrictions; 13.Assign personnel to the tasks set out in 1-8 above who have received all necessary training and equipment under applicable Federal, state and local requirements, including, but not limited to, the training specified in paragraph 2 above, solely at the responsibility of their personnel to the extent possible; 14. Carry out the tasks set out in paragraphs 1-8 above in compliance, where applicable, with requirements and storage quantity and time limits for a 2 of 6 VI. GENERAL PROVISIONS A. Amendments: Either party may request changes to this MOU. Any changes, modifications, revisions or amendments to this MOU which are mutually agreed upon by and between the parties to this MOU shall be incorporated by written instrument, and shall be effective when executed and signed by all parties to this MOU. B. Costs and Liability-Related Issues 1. To the extent the Federal Tort Claims Act, 28 U.S.C. §§ 2671-2680 may not be applicable, each party to this MOU agrees to assume its own liability and responsibility for the acts, omission, or conduct of such Party's own employee while such employees are engaged in Program activities/initiatives, and shall remain responsible for the compensation, retirement, workers compensation and other benefits accruing to the benefit of said participating employees. 2. Each party to this MOU agrees to furnish necessary personnel, property (including personal protective equipment), police equipment, vehicles, and resources in order to effect the purposes of the MOU, and agrees to bear the cost of loss or damage to its equipment, vehicles or property so provided and must pay any expense incurred in the operation and maintenance of that equipment. 3. The Parties understand and agree that they will be responsible for their own liability and bear their own costs with regard to their property and resources, or personnel expenses incurred by reason of death, injury or incidents giving rise to potential liability. C. Sovereign Immunity This MOU shall not be construed as a waiver of sovereign immunity by the undersigned agency, the Florida Department of Law Enforcement, or the State of Florida, and each fully retains all immunities and defenses provided by law with respect to any action based on or occurring as a result of this MOU. D. Entirety of Agreement This MOU, consisting of six (6) pages plus attachments, represents the entire and integrated agreement between the parties and supersedes all prior negotiations, representations and agreements,whether written or oral. IN WITNESS WHEREOF, the authorized representatives of the Parties hereto sign on the date specified. 4 of 6 Party's Acceptance of Memorandum of Understanding for Participation in the Methamphetamine Clandestine Drug Laboratory Hazardous Waste Central Storage Container Program For the Florida Department of Law Enforcement(FDLE): ' a 1 d't` ichard`L. Swearingen, Commissioner Executive Director, Florida Department of Law Enforcement 3 yl1� Dat Party's Acceptance of Memorandum of Understanding for Participation in the Methamphetamine Clandestine Drug Laboratory Hazardous Waste Central Storage Container Program For the Name of participating agency: , (Agency)• f (SighatdIe) Cv-(-705 erOce w01 (Printed Name) Ff c (Title) (Date)