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2015-55 STATE AND LOCAL HIDTA TASK FORCE AGREEMENT "CENTRAL FLORIDA HIDTA" This agreement is made this 1st day of October 2015, 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, 548.00, 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-FreeWorkplace 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 radios 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 leased 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. 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 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, 2016. 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 CPD during the term of this agreement. For the Drug Enforcement Administration: Date: Adolphus P. Wright Special Agent in Charge Miami Field Division For the Cle s•nt Police Dep. -nt: Date: ! ( 7- Charles L. Broadway Chief " = U.S. DEPARTMENT OF JUSTICE , ry 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 ppu is (Federal State, 4r local) tra ac�ttio or c tr ct under a li transaction, violation of ederai or to ntitrust Asrequired b e 1352 Title 31 of the U S Code, an �,u es falsification commissiond f em a ement he or gaRoe6),gide a p Gant c RPtifie g hat?66), �Bnas ae#ne�i lato2% k s{a�err��ntarsor receiving stolen propertoy. records, ma mg raisse (C)Are of presentlyindicted for orotherwise criminal or civil (a No Federal a ro nate funds have been paid or will be aid, briar ed� a overi ntael nti eeralState, or Tical yo n by or on behalf ofpthe undersigned, to any prson for influencing ggmt isssioti o any or the offenses(enumerated in paragraph 1) or attempting-to influence an officer or employee of anyagency, (b)o is cern ica on,and a Member Ot Congress, an oricer,or empoye of Conres, r an employee of a Member of Congress in connection with the d ave not within a tthhre - ear enod REV hi a li atio making Of any Federal grant the entering into of any hddHone cr more eubli�r ar�sacticns predeeral9Atate,pbr5loca cooperative agreement, and extension, continuation, renewal, ermina a for caus or a au t, an tr amendment, or modification of any Federal grant or cooperative agreement, B Where the applicant is unable to certify to anyof the statements in this e ification, he or she shall attach an b tf an fp Itds other than Federal r riated fund have ben expanaon to this application �1d or willbe id to an rson fo inlii'iencin or a em tin et rfuence an o cer,or a opio ee an a en% a lMemberr o a Mare s an icer or empioVee of Con re o en a twee or mbsero on res i co ne tion Is a era n orDRUG FREE� iVALIq�� coQ� erati a re fn t in ersi ea seal compiel >and GRANTEES OTHER THAN INDIVIDUALS) cti�ia man adarard or with its instructions,,fru-wionsosure ooabying As lr eireddd ba 2�thhggecp u -Frrtet7WWrukalare FActt off 19 8,s and de�inea a� 28 FR Part 6- Sections i 615' and ti� 5 aI tie°rsneiculidind isubg a'nFs�dont acts udnuiPsugan a7da �rug�lree w�rkc'piace�y les that it will or will continue to provide a recipientts shah ceertify a�na daiscloseaacccordinglyan tllal an sue- yy (uar�law b,marrufacture, d is ribumept tio ais i neem inD ses ionee r use a co roe fv , i � t{tgIUN,ANL)U I F1tN workplaceemproyesandor spetcohio�such proAii ton, wi be fakerT against I�� C� N I) K b Estabii nin a on-going drug-tree awareness program to As required byExecutive Order 112254g9, p barment and Inform employees about- Sausoen n n,land implemented attrsacfio s,6/.atar ping pea fie EFR�art �cc�ion�7e1v� (1)The dangers of drugs abuse in the workplace, A The applicant certifies that it and its principals (2)The grantee's policy of maintaining a drug-free workplace, (a) Are not presently debarred, suspended, proposed for ta`Vs�sisPaJnce proglrams gdncunseiing, rehabilitation, and employee debar- ment declared ineligc�ible, sentenced to a denial of Federal benefits by a State ori-ederal ourt, or voluntarilypexcluded gfro Y s4)The penalties that may beim osecboon employees for drug covered transactions b anyFederal department or agency,, use v a ions occurrin in a workplace, (( Mak n it a re r ment that each employee to b engaged i b Have no wthff a thr e- ea Freer eced n t is a I tion thi er rn-nance o t� rant begiven cof the statement ogtacin ng,sa teptin�g toeo�itaancritrnpr a omein9 ain�conileccttiion werni requiredbyparagrap ((a7, copy y Dae pitpoy(8)t,a he as 8 cdnditioployee n of employment underQthe grant, th raeTYrlapi ee it, OJP FORM 4061/6(3-91)REPLACES OJP FORMS 4061/2,4062/3 AND 4061/4 WHICH ARE OBSOLETE • (1))Abide bky the terms of the statement, and �t violation of aecriminal edrru stra(ut ooccusnnq the workplace no later than TTive calendar days alter such coni ion, rtee Notl in the agency, i writ?) with calendar days after l�rin notice Upped s ubparaph �a)( rom an eMplo ee Check r f there are workplace on file that are not identified o h is rete vi a ua notic o uc convict n here Employersr ^�cQn�vl o es g st row once n u in lams la s Irv! C 2 0 �Sk, 6 Inci ee tAveceenefifi tion year, t[ta�e ma byelpe�VfytoJ a ase ouatlo Auo�Ijav�}do s chaachg Federal tfiagt�a� numDe sof each a acted grant,e torDepartlent nth t ier�Ilncstatees wan state"agencies may erect to use OJF' Form tun M Takn one of the follows actions, within3D)( lendar swipe to Taking. emoloyeeicwho is aeOrconveinterograpd WI Check Check r if the State has elected to complete OJP Form 4061/7 (1) Taking appropriate ersornnel acttion aeatn�st suc n �q�E rrequirementspot he ehab ita oneini o /3 as amendads one Aj yy714 INDIVIDUALS) (2)b abuse assistance such emplrelbilitation partici ate to approve lora suucn iditnolAs err�ented eC 'Pa teb7W uoaett IAa of 1ntees aas uus ses s an ederale ate, or iota ea h,law en orcemen, eine ata sections and bI 52U- Dr ether appropriate agency, A Asa edition fof he grant I certify that I will not enae in (g)Making a good faith effort to continue to maintain a drug-free the unlau° manu ure, s tr`ibu son, dispensing workplace through implementation of paragraphs(a), (b), (c), (d), r use of a ntrone substance in condition miy actvity wth (e),and(f) the grant, ante° The rante mayinsertin the pace provided below thesite B If convinced of a criminal drug offense resulting from a s tor the ereormnce of work done iconnection witn tie violation occurringduring the conduct of any rant activity, I will pecific gram report the convicion, in writing, within 10 calendar days of the conviction,to De artment of Justice Office of Justice Programs, Place] of Performance (Street address, city, country, state, zip D C 20 Control Desk, 633 Indiana Avenue, N W, Washington, codAs 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 IRSNendor Number 4 Typed Name and Title of Authorized Representative Charles L. Broadway, Chief 5 Signature j 7 6 Date