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Contract 2018-48 STATE AND LOCAL HIDTA TASK FORCE AGREEMENT "CENTRAL FLORIDA HIDTA" This agreement is made this 1St day of October 2018, 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 $ 18,343.75, 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 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 anevance reement may be terminated by either party on written notice. Billing for alluntil September 30, 2019. Thisgout outstanding obligations mustbe 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 Clermont Police pep• men • te: Charles L. dw Y 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 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 u Ic (Federal .State,.or local) a saction or co tract under a u iC transaction; . violation ottrr ederal or tatantitrust As e wired by Se tion 1352 Title 31 of the U.S. Code. and tatures orcommission of embe lement he or ery implemented at 28 UFR Part 59. to/persons entering into t nberny fasification or destruction of records, making Talse r coDp e ative agreement over$ 00, as eined at 26 � statements, or receiving stolen property:. Hart 69. the applicant certifies that: (( )Are not present) indict d for or th rwise criminal or civil) (a) No Federal appropriate funds have been paid or will be paid, Cesar ed by a over1i ntal ntit (i-ederal. St te, or local) wit�i by or on behalf of the undersigned, to any person for influencing om fission o.i an or thie offenses enumerated in paragraph (1) or attemptingto influence an officer or employee of any agency. (b)or this certification; and a Member oCongress. an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any Federal grant the entering into of any nd) Have not within a three-year eriod precedingcthis aplication cooperative agreement. and extension, continuation, renewal. ad one r more public transactions l e era). State, Or oca amendment, or modification of any Federal grant or cooperative terminated for cause or ddefaullt, and agreement; B. Where the applican�t� is.unable to certify to any of the statements in this certification. he or she shall attach an (b.If any fuds other than Federal a prppriated funds have.been explanation to this application. p +d or wi be ai to any person fol influencing or aheemotina to uence an o rd or empp o ee an a en a member of °ingress, an o icer or empiovee of Con reS or anemployee of 3. DRUG-FREE WORKPLACE a Member o on ress in co ne tion h this Fe era grant or co erata e agreement, the ersigged shall compele and (GRANTEES OTHER THAN INDIVIDUALS) u mit Stanard i-orm �L -uisclosure of Lobbying Ac ivities, in accordance with its instructions; As required b eCDrug-Free iW rk lacce Act of 1988, and deriinee att 28 aC Pa �Sections 1bp.615. 1odVT5ps' as I he ndersiane sh ll require that the la u e t this cer- atai cationu in Ir7dea in t e award documents ro a rsubawards at A the applicant certifies that it will or will continue to provide a l tiers b(iincludincd subgrants, contracts unndrr gbrant and drug-tree w rpiaceeby: cog erative agreerl7ents, and subcontracts) andtreat all sub- recipients sha certify and disclose accordingly. (a) P b ishan a stat ment notity.i employees that the u lawtji maalufacture, distribution, pis erasin , ossession, or use or a contro a substance is pro ibited in the grantee s 4 IUN,ANU U I HtK workplace and specifying the actions. that will be taker? against� E �� employees tor vi atioh oT such prohibition; ��7 plEN7 b Establishing a on-going drug-tree awareness program to As required by Executive Order 125 9, Debarment and rnform employees about- Sus ension,.and implemented at 26 CFK Prt 67, tor prospective t�a�Pclpant i rimary c veretransactions, as defined at 26 C FR fart 67, Section 67.610- (1)The dangers of drugs abuse in the workplace; (2)The grantee's policy of maintaining a drug-free workplace; A. The applicant certifies that it and its principals: (a) Are not presently debarred, suspended, proposed for debar- (as)sist anv ssistance available drug rehabilitation, and employee ment, declared ineligible, sentenced to a denial of Federal benefits by a State or"Federal court, or voluntarily excluded from (4) The alties that ma beimposedu on employees for drug covered transactions by any Federal department or agency; buse vroiations occurring in the orkplacPe; (c) Making it a requirement that each employee to be engaged in b) Have not with a three-yearperiod reced n this application the erl1oirmancetth rant be given a cpy of the satement been convicted or or had a civil luddgment renderred against the required by paragrapht(aj; obr commission of traudor a cri a,offense in con ection witer taining, attempting to obtain, or perorming a db) NNoti a the employee in the statement required bywias a contion of employment under the grant, FORM 4061/6(3-91)REPLACES OJP FORMS 4061/2,4062/3 AND 4061/4 WHICH ARE OBSOLETE. (1)Abide by the terms of the startlegment; and (26llation�oft aecriminaedrrug s r'urte occurring in the workplace no later than five calendar days after such conviction; (e) Nati In the aqen(1c , i writin with lendar days after Check I— f there are workplace on file that are not identified feceiv n ,n�trce Unger surb ra aph, o)? trio an errlplo ee amploh er Is>ec rnvlc vlee a oyaesnotlst rovidsu�oticeonvicu' in. here. ositioli till a a�rtm net oimy s I office bf! ice ro ams, ��Q` tro ask, g3 n lana Avenue, ' Section 67, 630 of the r ulations A ov des.that a nee that �a Abington n D.0 2 n 1. t odes sha l Inc urge the identification a state ma elect to.ma e on certification In, acn eder 1 fiscal num errs) each a acted grant; for uemay jartrieynt o use Jijjsto mr n ipQ. St les andeState'agecncies daTaofnone. the notice actions,supwgiraprh 3(Od)(2)calendar s 'receivingnote under subparagraph ra )/ Check if the State has elected to complete OJP Form respect to any emloyee who Is so convicted- r 4061/7. (1) Taking ap roprl to rsonnel .action againtst such n ��G-FREE �qCE employee,e, u #o r habi atToing teAct of 1c9r1�3 assamended;.with GRANTEES�y�� RE INDIVIDUALS) eIr ee, upo the e a I i att n Act o pp q (2)buse assistance orrnreh biilitatror iprrogram a fproove 'mora sucs Imsrlerflert CF �Frt b7, uPPart F ctt of 1988,ntee and ,..,part ntees, as purposes a by a t dee agoncate, oro ea th,'law en orcement, define atired art ;sections and b�I.5 U- A. As a condition of the grant.I certify that I will not engage in (g)Making a good faith effort to.continue to maintain a drug-free the unla i manufacture, istribupn, dlsoensin ossssiion workplace through implementation of paragraphs(a), (b), (c), (d), r use of a controfed substance In condition atiy activity with (e), and(f). the grant;an The.grantemay insert in the Space. rovided below t e site B. If convinced of a criminal drug offense resulting,from a B. fox tflge performance of work done in connection with he violation occurring during the conduct of any grant activity, I will Ppecl is grant: report the conviction, in writing, within 10 calendar days of the conviction,to: Department of Justice, Office of Justice Programs, Placeof Performance (Street address, city, country, state, zip A C 205 Control Desk, 633 Indiana Avenue, N.W., Washington, 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 3600 South 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 6. Date