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2017-118 RECEIVED AUG 01 2011 STATE AND LOCAL HIDTA TASK FORCE AGREEMENT "CENTRAL FLORIDA HIDTA" This agreement is made this 1St day of October 2017, 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 $ 18,042.00, 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-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 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 veliclesand 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.irivolving Official'Governinent Vehicles (OGV'S)-HIDTA lease vehicles shall'apply to'accidents involvingthe 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, 2018. 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: 'n Date: y//7//7 A , /� us P. Wright Special Agent in Charge Miami Field Division For the Clermont Po '.- Departm .40P / _ L..��� j Date: 7 ,--:- 1 i--) Charles L. Broadway Chief - }1-IU.S. DEPARTMENT OF JUSTICE --- OFFICE OF JUSTICE PROGRAMS `` "pi OFFICE OF THE COMPTROLLER ,r 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 PUhliC (Federal .State,.c�r local) traaia�trf or cgltrrct uunclrr a transaction; , vlo anon o e e a or �a ri a rus As a uir d b e tin 1352, Ttle 31 of the U.S. Ctode, anc u es fo commission f em a ement he or impieenleenfetd ive � ul-f ierPa oe, tob(�e 8 ae neer negi sato a,qr `c stiMentsrso��ece,ving s oele property records, ma ing �aelsrye Part 99,t�re app cc)�Are of presentlyindicted for or otherwise criminal or civil (a) No Federal appropriate funds have been paid or will be paid, etiar ed� a overi nttael ntit�yv (rec�eral State, or criminally wi n by or on behalf of the undersigned, to any person for influencing om sioyn igan of the offenses enumerated in paragraph 1) or attemptingto influence an officer or employee of any agency, (b)o this certification; and a Member oCongress, an officer or employee of Congress, or making employee of a Federal r Congress in connection with the /d�c-lavee not withina ef�roee. ear period precaedin hi a oliclatio of any Federal rant the entering into rofe any th. on r more u i sa ti ns ire eral9 to e,p r ocal) cooperative agreement, an extension, continuation, renewal, ermana a for causeor a au t; an amendment, or modification of any Federal grant or cooperative agreement; B. Where the applicant is.unable to certify to an f the stat me is an thasrtcation, he or ss e shall a�tac� an b.tf an ff ds other than Federal a r riated fund hav ben exp�ana�ion to this app�icataon. d or�iril�be id to ann Fel rson fQop intuencin ,or a emm ntg tQ ID Mere s a of er orom looyee of Con rlel, e o an ae we lo a oT D �,o,�E a�ambet of�on res a tonne tion h Is eera1ar)anf oci k�� iFyR8 INIWAN INDIVIDUALS) co grata are the ersa ed sal co p e an su ima tinder ofm . - Lt� disclosure om oobying Ac ivities, in accordance with its in§tructions; As refired b e p u -F�r{e W rkDlargr�e t of 1908, and deoinentesL a R2 erh coons t)6 61_Act VES-s'Ss, as tcJ the undersigned shall reauar that the lappu ae pt this cer- Itfcation be incicided in the awaradocuments tvr ali subawards at A. I e ap l� a�a�cebrtities trial it will or will continue to provide a all tiers, includin subgrants con racts un r rants and drug-ree p y coo erativ ree ,ensand §u contr cts an trra a su - recipients shaiu certify and isclose accordingly. (a) P blishin a statimeet notitvrn ern loyees that the uses otl?+amco�uroctucresueTern,lalss rise 'inP h 9r L,_�aillah igigIUN,AND UThitK employees an spec' � a lo. for wi be a e agains li r �C�P► emp oyees or violet* o such prom .ton; (EDI Establi hin anon-going drug-tree awareness program to As required byExecutive Order 2549Debarment ,nd rnrorm employees a out- SauoPe nsiv.,.and impplleementecoyerd 8tt2bns I-K Pre 6i or pro 10 at y26 e EFR Part 7, bec ion 7.bw- (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; 3 A available dru counseling, rehabilitation, and employee (a) Are not presentlydebarred, suspended, proposed for debar- !as)sis{raynce programs;aria ment declared ineligible, sentenced to a denial of Federal benefits by a State orseeralcourt, or voluntarilypent oredgfro Y (4)The penalties that may.be.imwposled upon employees for drug covered transactions byanyFederal department or agency;; muse v o a ions occurnn in a workplace; (c Malancg it a recurrent thatt each emdployee to be engaged in bdPelln.ot wt' a thr ea eaperiod reced'n t as a fc tion the e o ante ran a given c of the s men en convicted o �r had a ycivil.iicJ e t rencietge�ahgains fLIep reqr�ired by paragrapa�; copy r commission o. rail or a cri a To ense in con ection wa obtaining, attempting to obtain,or pe orming a iid Noti{va th employee. in the statement a fired b raecor if rla)tr , as a coyndiition of empisoymenef undergt�te grant OJP FORM 4061/6(3-91)REPLACES OJP FORMS 4061/2,4062/3 AND 4061/4 WHICH ARE OBSOLETE. . V rte v (1)Abide by the terms of the statement;and 2toynfihe eam oae� in sisuaofchis.or her nce onwviortco acforno laterthave clen8rdaatersuh con9iic o (e) Noti in the agency, i writing, with c lendar da s after to i in rictice uaersue era tph. �a)t taron-h an err to Fie Check if there are workplace on file that are not identified r o h is recd vi a tua notic o uc conv ti n. ere. gmplo er tiec nvic Xem �oynefes n st{?r vic?8 otiiced�nc��u ma Bositio�i theA Q� 1ro sk, gl 7n is a Xve u a1 Section 67, 60 c ftthe r rpa aulations provides.that a.grantee f�. t is Wad an n, C 2 h 1. oefice stea l inc�uc�e the i�enetificatioii aeA may Wept d>p r°c 5 o l ce i ciu oa in.wit a hdap ice ion num arts)of each a acted grant; may o �� 'ce° I ie incl aetes anile ate agencies may ale o use orm 48 �'/�'. (f) Talqng 1 teceivin f noti follouniaer actions,ir graph 30calendwith ar Check r if the State has elected to complete OJP Form resypecot to any employee who is so convicte� 4061/7. (1 Taking ap ro,,n,{�to rso nal .action a ain t such n RUE eq&rrXmentfoflhe'Flelabilita��o Anaolt.8'3/3 aas a mended; orcd (GRANTEES WHO ARE INDIVIDUALS) (2) Requiring egas sg such enn I elitatpof�rtipcippaatears�atfactorill in drill ri fs lerr�eirrddd b �j eCa uwFnet7W r�!�IaceFAd#tpof Llntee'saas u sea a ederal ale, or ioeL glealth,'12approve oror suC, eine a�p18 Fl a ;Saectwrtis 7.gTgrid Ei(.8'L�- gr that apiropnate agency; A. As a o dition f the grant,.I certify that I will not engage in (g) Making a good faith effort to continue to maintain a drug-free the unlav1 uhmanufaccure, istibuion, dis . nsin osssilo r use o a ontro a substance in condition ���activi�y w�h workplace through implementation of paragraphs(a), (b), (c), (d), ge grant; anc� (e),and(f). The.granteema insert in the pace.provided below the site B. If convinced of a criminal drug offense resulting.from a s) fortle ertormcnce ort work done iconnection with tie violation occurring during the conduct, of any grant activity, I will pecitc grain: report the conviction, in writing, within 10 calendar days of the conviction,to: Department of Justice, Office of Justice Programs, Pllareof Performance (Street address, city, country, state, zip ATTN: Control Desk, 633 Indiana Avenue, N.W.. Washington, copal 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 Charles L. Broadway Clermont Police Department 3600 S. Highway 27 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 Ado, 6. Date , lip /6 _ ._ ./._ ..:: —.0---.100:41160! .7,--0 5------1-7