Contract 2018-87 STATE AND LOCAL HIDTA TASK FORCE AGREEMENT
"CENTRAL FLORIDA HIDTA— HIDTA 2"
This agreement is made this 1°t 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
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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.
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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, tubes 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 30,2019. 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:
2-Q. aly — Date: VA-3//gr
A o phus P. Wright
Special Agent in Charge
Miami Field Division
For the Clermont Polic- hep-. i en •
,°'/
0r14 Date: q )---i__, ?,
Charles L. •adway
Chief
i
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(1)Abide by the terms of the statement: and
(2a61 Notify the employer in wri in of his.or her conviction for a
laferr than fiveccalendarodagys atter suuch coni Ione workplace no
(e) NOti ing the agency, in writin withrl calendar days after
tecei nn rTOtice Unger sue ara aph. �a)( trorrn ane Check r- h there are workplace on file that are not identified
r o Is receive a tua notic o fon convict n. ere.
EEmplaerreth>�,jcC nnnvic g et�T��'�'oynge(esoin est prroovi oteic[edincsluNg. Section 3 QA� j q�f1tis
yVasSgjh,r1amain')' XU.l. ? bit. ollce sn IIinc thgeviaentificatlor year,
State ma ma�lpveylectV t�theaKe one c.erliticaatlorl in acrfl-edef)tiscl
num Of each a ected grant; to Deparrttment o JCStIce1UId le In`^Sstasttes and State'apgencies
may electt ltto use(JJF Form U40b1'17.
ar
(fl Takn� one of the followingactions, withi30 calendar I— if the State has elected to complete OJP Form
bays q 'receiving notice unr subparagraph (d)( Check
respect to any employee who Is so convicted- 406117.
tion
t such
requirement Taking ofto iD,the Reincl,,,,,
abI I ng Int o�t1%'3consistent as den;oree (GRANTEES WHO APRE INDIVIDUALS)
(2)Requiring such empl eeli otParticipatesatiisfactori loa dru ms le uir d b eC u Frrtee7W rk lace t of 19tee'sand
use assistance or e b
u ses b a Federal, a�e�, or nocaneah,Raw eno men de a�� e C= ar ;Sectlorss �� arid ht/.ef1�
or other appropriate agency;
A. As a o dition of fthe gr nt,.I certify that I will not en a e in
(g)Making a good faith effort to.continue to maintain a drug-free
or use I o an onironedu substance nn'coondiitiionina-nAcUvei}ys�' h
workplace through implementation of paragraphs (a), (b), ( ), (d), or grant; and
(e),and(f).
Ps
The.granteema insert in the pace. rovided below the site B. If convinced of a criminal drug offense
g resulting.from a
Is) f Me er ormence of work none Ihi connection with the report the occurring during in thewriting,with n 10 cyafenda_activity,
will
ec c gram: onviction,to: Department o Justice Office of Justice Programs,
city, country, D C 20531ntrol Desk, 633 Indiana Avenue, N.W Washington,
Place of Performance (Street address, ci state, zip
As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above certifications.
i1. 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 IRSA/endor Number
4. Typed Name and Title of Authorized Representative
Charles L. Broadway, Chief
6. Date
5. Signature /‘
U.S. DEPARTMENT OF JUSTICE
*If OFFICE OF JUSTICE PROGRAMS
OFFICE OF THE COMPTROLLER
RESPONSIBILITY DEBARMENT SUSPENSION AND
CERTIFICATIONS REGARDING MATTERS; AND DRUG-- FREE WORKPLACE LACE 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 Ilc (Federal .State, or local tea a dop or tr ct under a
ppppubb is transaction;. violation )of ec�eral o[[ a n a5 t
St tutes o commission of em eztz ement a orT
iAsmplemented lerequired b arae t Pa 169,too 31of the ein ode, and bb i e ffalsification.or destruction o recor°s, ma ing a e
im e9Denca v �r rt rt 6 t �pentering, t ant s� Wents, or receiving stolen property:
Ka�69etne app��ant certtties rhapu,u00 as derma! at 2� FR
Are of present indiGGtsd for or pth rwtse criminally or civil/
ar edri a overti ntael nti (Federal, t te, or ID cal wi h
(a) No Federal appropriate funds have been paid or will be paid, ) iO or any r e o ens s enumerate in
by or on behalf of the undersigned, to any person for influencing °o t�isgyis 'aifica on;and t paragra�h �1)
or attempting to influence an Officer or employee of an agency,
a Member 0f Congress, an officer or employee of Congress, Or
an employee of a Member of Congress in connection with the d Have not within a threg, ear periodpreceding_this application
making any Federal grant the entering into of any )d .one r more hi ubli -year
period preccedintate, or c(aation
cooperative agreement, and extension, continuation, renewal, ie d . ne or for cause or uce#'aunt;anrp
amendment, or modification of any Federal grant or cooperative
agreement; B. Where the applicant is.unable to certify to any. of the
statements in thi c i tcation. a or s e shall a ac an
(b fany f{ rtds other than Federal a pr riated fund hav be n
explanation to this application.
bO or wilree id to annr pgrson fgrrinEiencin%or af-uem etnlgef
I uence an ter or pp o ee o an a en a pcE e ° DRR� C��KP� )
qp ress,a icer or empco ee o Con rel ,o bre em loIe�o ARAN S HAN I IVIDUALS
a Mamber o� on res i co ne Uon h is a era n or
co perati ee acre nenf fhe ttrtrtersigIrd s all corp e_e and
suQtmtt ,wtan lir orm. - . L Isclosure o obbying Dr
Acfvities, in accordance with its inStrucdons; !mole rr�ei�te a the
�FRu -P11 o�s large FAct of gtHl�gt8e8ss aas
etine a 615' and ti/.610
(( ) I he enders ned shall re dire that the la tquatge of this cer-
titScadon b %rsli ed inuthe aw rtl dGocume�9ts dt 8I subawards at A. Ol e lip heart cebrtyties mat it will or will continue to provide a
cogt'erativ n Iagreej�entsbgrands§ubocontntracts)uadndef tltgat.grants an c7ru tee rrcPace
recipppients shaiicerr�TY and disclose accordingly.
(a) Publishing aG fstat Ment noUtvingp sem to ees that n the
usersoty limactffaa manufacture,
isinbueols ais7ti rite 'inPQhe arantee9r
IUN,AND OTH t( employees for vi etioh�o�such pro?i%iit on. wi be fa�Cet�agains
tilemtim MI
b Establi hen a on-going drug-tree awareness program to
barment and n�orm emp�oye�s about-
As required b Executive Order 'i-t vrt D p cye
Saurs�peIDnsioLsn,.raLnq�imaplreYmr�epnYtEe implemented sastordtined at iZt3 (1)The dangers of drugs abuse in the workplace;
EFRcNart 67�S&coon 67b10-
(2)The grantee's policy of maintaining a drug-free workplace;
A. The applicant certifies that it and its principals: 3 A avauable dru c unseeing, rehabilitation, and employee
(a) Are not presently debarred, suspended, proposed for debar-
(as)sisPaynce programs %nc8
benefits by a State or-Federal court or voluntanlye excluderFederal (4)The penalties that may.ba imposed upon employees for drug
covered transactions by any Federal department or agency; buse vroiations occurringina pili
Making(cit a req rlment that each employeedtof b engaged in
b Have nPt w th• a three-year eriod receding this application the�eronnance orant be given copy o e statement
teen convicted of or sa civil
c(iod o t rendered
en a con�ecdon Mem req fired by paragrap e(a�;
r commis on of, d t statement required obtameng,aa{empting to 0 tarn,or pe orming a d Nod{�a .the employee in fhe ired by
WI) rape��e trIatt, as a condition o employmentunder a rant,
OJP FORM 4061/6(3-91)REPLACES OJP FORMS 4061/2,4062/3 AND 4061/4 WHICH ARE OBSOLETE.
i.
�5D..... U. S. Department of Justice
Drug Enforcement Administration
ocu .)
%FvPlik � Orlando District Office
300 International Parkway
Suite 424
Heathrow, FL 32746
November 5,2018
Chief Charles L. Broadway
Clermont Police Department
3600 South Highway 27
Clermont,FL 34711
Dear Chief Broadway:
Enclosed is a copy of the fully executed FY 2019 HIDTA State and Local Agreement for your files.
Sincerely,
%-orlet......4")0%.
Marcus R. Anderson
Assistant Special Agent in Charge
Enclosure