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STATE AND LOCAL TASK FORCE AGREEMENTTAMPA DISTRICT OFFICE TASK FORCE GROUP ONE STATE AND LOCAL TASK FORCE AGREEMENT This agreement is made this 30th day of September, 2007, between the United States Department of Justice, Drug Enforcement Administration (hereinafter "DEA"), and the Clearwater Police Department (hereinafter "CPD"). 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 Tampa 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 DEA Tampa Task Force, the CPD agrees to detail one (1) experienced officer(s) to the Task Force for a period of not less than two years. During this period of assignment, the CPD officer(s) will be under the direct supervision and control of DEA supervisory personnel assigned to the Task Force. 3. The CPD officer(s) assigned to the Task Force shall adhere to DEA policies and procedures. Failure to adhere to DEA policies and procedures shall be grounds for dismissal from the Task Force. 4. The CPD officer(s) assigned to the Task Force shall be deputized as Task Force Officer(s) of DEA pursuant to 21 U.S.C. 878. 5. To accomplish the objectives of the DEA Tampa Task Force, DEA will assign five (5) Special Agents to the Task Force. DEA 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 officer(s) 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 Tampa Task Force, the • CPD will remain responsible for establishing the salary and benefits, including overtime, of the officer(s) assigned to the Task Force, and for making all payments due them. DEA will, subject to availability of funds, reimburse the CPD for overtime payments made by it to CPD officer(s) assigned to the DEA Tampa 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 $15,854.25), per officer. 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 audits and examinations are completed and resolved, or for a • period of three (3) years after termination of this agreement, whichever is sooner. 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 to the CPD by DEA 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 in part with Federal money, the CPD shall clearly state: (1) the 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 project or program. C7 13. The term of this agreement shall be from the date of signature by to representatives of both parties to September 30, 2008. This agreement may be terminated by either party on thirty days' advance written notice. Billings for all outstanding obligations must be received by DEA within 90 days of the date of termination of this agreement. DEA will be responsible only for obligations incurred by CPD during the term of this agreement. For the Drug Enforcement Administration: Mark R. Trouville Special Agent in Charge For the Clearwater Police Department: • Sid Klein Chief of Police Date: Date: 0 DEPARTMENT OF JUSTICE U S . . f 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 ce rtification 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 public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust As required by Section 1352, Title 31 of the U.S. Code, and implemented at 28 CFR Part 69, for persons entering into a statutes or commission of embezzlement, theft forgery, bribery, falsification or destruction of records, making false grant or cooperative agreement over 100,000, as defined at 28 CFR Part 69, the applicant certifies that: statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or (a) No Federal appropriate funds have been paid or will be to any person for in- or on behalf of the undersigned d b civil charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in , pai , y fluencing or attempting to influence an officer or employee of paragraph (1)(b) of this certification; and any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in con- i to t i t th l d ((d) Have not within a three-year period preceding this applica- State or blic transactions (Federal fi h d er ng n , e en gran era nection with the making of any Fe , , one or more pu on a of any cooperative agreement, and extension, continuation, local) terminated for cause or default; and renewal, amendment, or modification of any Federal grant or cooperative agreement; B. Where the applicant is unable to certify to any of the statements in this certification, he or she shall atach an (b) If any funds other than Federal appropriated funds have explanation to this application. been paid or will be paid to any person for influencing or at- tempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or 3. DRUG-FREE WORKPLACE an employee of a Member of Congress in connection with this (GRANTEES OTHER THAN INDIVIDUALS) Federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, "Disclosure of n t ti ith it i " As required by the Drug-Free Workplace Act of 1988, and as rantees Sub art F for t 28 CFR Part 67 t d i l ruc o s; s ns in accordance w Lobbying Activities, p emen e a mp ,15 ,ctions 6?20 and 67. - 67.6 defined at 28 CFR Part 67 Se (c) The undersigned shall require that the language of this cer- tification be included in the award documents Tor all subawards A. The applicant certifies that it will or will continue to provide at all tiers (including subgrants, contracts under grants and a drug-free workplace by: cooperative agreements, and subcontracts) and that all sub- recipients shall certify and disclose accordingly. (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's 2. DEBARMENT SUSPENSION, AND OTHER RESPONSIBILITY' MATTERS workplace and specifyingg the actions that will be taken against employees for violation oT such prohibition; (DIRECT RECIPIENT) barment and D 12549 O d (b Establishing an on-going drug-free awareness program to t l bo f , e r er As required by Executive - oyees a u in orm emp Suspension, and implemented at 28 CFR Prt 67, for prospec- tive participants in prima covered transactions, as defined at 28 CFR Part 67, Section 67.510- (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: (3) Any available drug counseling, rehabilitation, and employee (a) Are not present)y debarred, suspended, proposed for debar- assistance programs; and ment, declared ineligible sentenced to a denial of Federal benefits by a State or federal court, or voluntarily excluded (4) The penalties that may be imposed upon employees for from covered transactions by any Federal department drug abuse violations occurring in the workplace; or agency; lica- this a di i d (c) Making it a requirement that each employee to be engaged of the state- iven a cop rant be f the f th pp ng prece o (b) Have not within a three-year per y g g e per ormance o in tion been convicted of or had a civil judgment rendered against ment required by paragraph (a); them for commission of fraud or a criminal offense in connec- tion with obtaining, attempting to obtain, or performing a • (d) Notifying the employee in the statement required by paraggraph (a) that, as a condition of employment under the grant, the employee will- OJP 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 statement; and (2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; (e Notifying. the agency, in writing, within 10 calendar days after receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice off such convic- tion. Employers of convicted employees must provide notice, including position title to: Department of Justice, Office of Justice Programs, ATfN: Control Desk, 633 Indiana Avenue, N.W., Washington D.C. 20531. Notice shall include the iden- tification number(s} of each affected grant; (f) Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted- 0 ) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforce- ment, or other appropriate agency; (g) Making a good faith effort to continue to maintain a dru - ree workplace through implementation of paragraphs (a), (b), (c), (d), (e), and (f). B. The grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specific grant: Place of Performance (Street address, city, country, state, zip code) Druq Enforcement Administration 4950 W. Kennedy Blv. Suite 400 Tampa, Florida 33609 (Task Force One) Check ? if there are workplace on file that are not identified here. Section 67, 630 of the regulations provides that a grantee that is a State may elect to make one certification in each Federal fiscal year. A copy of which should be included with each ap- plication for Department of Justice funding. States and State agencies may elect to use OJP Form 4061/7. Check ? if the State has elected to complete OJP Form 4061/7. DRUG-FREE WORKPLACE (GRANTEES WHO ARE INDIVIDUALS) As required by the Drug -Free Workplace Act of 1988, and art pdefined att28 CFR Part 67PS cti ns 6 . p615 andf 67.620 tees, as A. As a condition of the grant I certify that I will not engage in the unlawful manufacture distribution, dispensing posses- sion, or use of a controlled substance in condition any activity with the grant; and B. If convinced of a criminal drug offense resulting from a violation occurring during the conduct of any grant activity, I will report the conviction, in writing within 10 calendar days of the conviction, to: Department of Justice, Office of Justice Programs, ATTN: Control Desk, 633 Indiana Avenue, N.W., Washington, 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: Clearwater Police Department 645 Pierce Street Clearwater, Florida 33756 2. Application Number and/or Project Name 3. Grantee IRSNendor Number 4. Typed Name and Title of Authorized Representative Sid Klein, Chief of Police 5. Signature 6. Date