HomeMy WebLinkAboutExhibitHIDTA STATE AND LOCAL TASK FORCE AGREEMENT
This agreement is made this 1st day of October 2022, between the United States Department of
Justice, Drug Enforcement Administration (hereinafter "DEA"), and the City of Miami Police
Department ORI# FLO130600 (hereinafter "MPD"). The DEA is authorized to enter into this
cooperative agreement concerning the use and abuse of controlled substances under the
provisions of 21 USC § 873.
Whereas there is evidence that trafficking in narcotics and dangerous drugs exists in the State of
Florida area and that such illegal activity has a substantial and detrimental effect on the health
and general welfare of the people of State of Florida, the parties hereto agree to the following:
1 The HIDTA 42 Task Force will perform the activities and duties described below:
a. disrupt the illicit drug traffic in the State of 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
2 To accomplish the objectives of the HIDTA 42 Task Force, the parent agency agrees to
detail one (1) experienced officer(s) to the HIDTA 42 Task Force for a period of not less
than two years. During this period of assignment, the parent agency officers will be
under the direct supervision and control of DEA supervisory personnel assigned to the
task force.
3 The parent agency 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 parent agency officers assigned to the task force shall be deputized as task force
officers pursuant to 21 USC § 878.
5 To accomplish the objectives of the HIDTA 42 Task Force, DEA will assign five (5)
Special Agents to the task force. The parties to this agreement understand that financial
reimbursement to participating organizations is subject to the budgeting, administrative
and managerial decisions of the HIDTA Executive Board as well as the availability of
HIDTA funding (from whatever source). Subject to this planning and budgeting
guidance, the HIDTA will provide funding to support the activities of Federal Special
Agents, Task Force Officers, and other specified employees (if any). 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 HIDTA 42 Task Force, the parent agency will
remain responsible for establishing the salaries and benefits, including overtime, of the
parent agency officers assigned to the task force and for making all payments due them.
HIDTA will, subject to availability of annually appropriated funds, HIDTA funds may
reimburse the parent agency for overtime payments incurred by its Task Force Officers in
an amount not to exceed a sum equivalent to 25% of the salary of a GS-12, Step 1 of the
general pay scale for the rest of the United States The parent agency will bill overtime as
it is performed and no later than 60 days after the end of the quarter in which the
overtime is performed. The invoice will identify each investigator who incurred
overtime for the tasking during the invoiced period, the number of overtime hours
incurred, the hourly regular and overtime rates in effect for each investigator, and the
total cost for the invoiced period. 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 parent agency charge any indirect cost rate to DEA for the
administration or implementation of this agreement.
8 The parent agency 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 parent agency 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
parent agency shall maintain all such reports and records until all audits and examinations
are completed and resolved or for a period of six (6) years after termination of this
agreement, whichever is later.
10 The parent agency 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 parent agency 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 parent agency 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 parent agency 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 Vehicles may be provided by the parent agency or furnished by DEA subject to the
availability and approval of HIDTA funding for vehicle leases. DEA may request that
HIDTA fund installation and removal of mobile radios in task force vehicles and
reimburse the parent agency for fuel, maintenance, and repair attributable to use of the
vehicles for task force purposes. Accidents involving vehicles while in use for task force
purposes shall be reported and investigated in accordance with the procedures of DEA
and the parent agency.
14. While on duty and acting on task force business, the parent agency 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 parties acknowledge and understand that the United
States of America is liable for the wrongful actions or inactions of Federal employees,
including those Federal deputized as Task Force Officers, who are acting within the
scope of their employment under the Federal Torts Claim Act (2 8 U.S.0 §§ 2671 —
2680). This may extend to representation of the covered employee if in the best interests
of the United States (28 C.F.R. § 50.15(a)(2)). A state or local employee participating in
the Task Force may concurrently or separately be covered for the purposes of liability by
their employer.
15. This agreement shall be effective from the date of the last signature of a parry and will
continue in effect until September 30, 2026. This agreement may be terminated by either
party on 30 days advance written notice. Federal funding of the HIDTA Task Force is
subject to the availability of annual appropriated funds for each federal fiscal year
(October 1 through September 30 of the next year). Billing for all outstanding
obligations must be received by DEA within 60 days of the end of each fiscal year or
within 60 days of the date of termination of this agreement. DEA will be responsible
only for obligations incurred by the parent agency during the term of this agreement on a
fiscal year basis, subject to the availability of funds.
For the Drug Enforcement Administration:
Date:
Deanne L. Reuter
Miami Field Division
Special Agent in Charge
For the City of Miami Police Department:
Date: I a ( ( q
Manuel A. Morales
Chief of Police
City of Miami Police Department
U.S. DEPARTMENT OF JUSTICE
OFFICE OF JUSTICE PROGRAMS
<r 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 pu is (Federal . State,. r local) tra a do or c tr ct und�er
u�irf transaction; . vloolation of edcefa� orantitrus
As a uir d b e inn 1352 Tale 31 of the U..S. Ctode, aanr, t,u es for commissiond If em eztz ement he or
imp e en q�ar�ofio� t� a p t eriifi se hat a�� $nas oeefiine% ato2 FR s{atert�ents,so receiving stollen propertyy; records, ma ing �aelsrye
Are rtot presentl indi t d for or th rvv' a criminall or civUl
�a) No Federal appropriate funds have been paid or will be paid, ar did i� a pover�ip n�fai ffntitar (PeTera� State, or I�cal wi t�
y or on behalf of the undersigned, to any person for influencing qqm i sio an o tgie o ens s enumer'a e m paragra�h �1)
or attempting to influence an officer or employee of any agencyy, $' oTtliis cer�ificat�on; and
a Member oT Congress, an officer or employee of Congress, or
an employee of a Member of Congress in connection with the
making .of any Federal rant fhe entering into of any �d� iavge ndiotwithinea sf]rae ?aroeeriod ecdeding hill apgliclatior
cooperative agreement, and extension, continuation, renewal, { on r more u i sa ti nse eral, Stta e, r oca )
amendment, or modification of any Federal grant or cooperative ermma a for taus or a au t; an
agreement;
B. Where the a plic nt is. unable to c rtify to an f the
slat me is m thisP c r`}ification, he or s�ie shall atac� an
�b . IIf an ff ds other than Feder al a r riated fund have.be n expnana{ion to this appscation.
d or �iil�oe id to an pgosee fa Qn �i an dine or a dim oinlgef
uence an o cer ore a e e o
a aress, ar V icer or eml�oh%e o�Conrej o ar� e p odic o
mber o on res i co ne lion h is a era n o UG p EE ORK �,q E
coq�eraU g agrede'n n �he jjc� rsiggd s al corap a anc� GRANTEES OTHER THAN INDIVIDUALS)
c tivities, in accordance with its in§tructionsosure o o hying
As Iree einr dd ba 2thgeC��u FrrteeB�WSgrl�ilace
Fgct ocfu1n9t8e8'sans
de ine� at 28 CFR Part F Sections ti,.615' and ro`
ti c Thenendin eg.squ�ll rIns rdedGGocUtmenssts id� Blrsubaawaardsrelat
coo erativ nc ure�er ents,gr§uUccotniacctsl1uadndef tflgat all suDd-
reapients shaircertify and disclose accoroingly.
�$T(!(ION, AND OTHER k�
Saau� PensUirntlanap implement rYcpe, 8Otr2nrCFK5Prt'67 toarmoesnte cnd
EWPart�7��ec�on 67 b1�reU transactions, a§ Sre inecpa
A. The applicant certifies that it and its principals:
(a) Are not presently , debarred, suspended, proposed for debar-
ment declared ineligible, sentenced to a denial of Federal
ene#its by a State or -Federal court, or voluntarily excluded from
covered transactions by any Federal department or agency;
b� Have n.o>{ w�th}nga then a -year ednod reced�n�Tisa?R tionn�
r cOMm ono rau gr a� cri i rfo ense in connection wei
o�tammg, a emp mg too tam, or pe ormmg a
druItrea +� iVkapt c%rtites that it will or will continue to provide a
9- P y:
(a Wishing ishin a stat meet notifvin glo4ees that the
rtw t is nbution, dis ,��,nssessiol, gr
worrkkplace nesec��vv$n�stFie actin ar af�be aken against
employeesror vi�atioh o�such prohibition;
kt)?orm a nlp�oye�s abo°ut-going drug -tree awareness program to
(1) The dangers of drugs abuse in the workplace;
(2) The grantee's policy of maintaining a drug -free workplace;
(a�s�sisiaynce problems gaycounseling, rehabilitation, and employee
8�The �grIalties that ma . b7himigosked upon employees for drug
use v a ions occurnng in a or p a e;
c) Making it a recb it ment tt�ct each emaplo�ee to be enwed
he e o an ran a given c py of the s men
req fired by paragrap (a�;
Ne�„°�RY1�� tw �et, as apcodYneation of empl�oymenef undegt�ie granty ra ra
OJP FORM 4061/6 (3-91) REPLACES OJP FORMS 4061/2, 4062/3 AND 406114 WHICH ARE OBSOLETE.
(1) Abide by the terms orf the statement; and
i la i°onfyoj aec it f&FnIal edruq s $Tut2 ooccurring ierthe worcictipiace no
a er an ive calendar days a er such conviction;
re Notiin the a�eecc, irbwritin with' lendar days, after
Prto i �n rl�tice e su ara paw �a)� �rorr� an err to ee Check f there are workplace on file that are not identified
r o is receive a tua notic o . uc conv tin. here.
ersatec rivet cram �o etesp st rovtdS� otice,�ncf(u the
°site° ti e a o y s c, e o is
ro am i rosk, g3 n is a �(ve u �1 S cti n 67. 630 f the r ulations A ovides.that a nee hat i
nu0gh,ri���of ea h a epcted 'rant shall incgM the tdenefificatiori a tareA c�o ale � th.crea o ��a ?cerz�fi t o wi aeh rJ,e Vfi ca�
g for Delect�o t o�JF� Foremf gincSatas and State'agencies
91 Tak n one . of the . followi actions, withi 30 alend r
resYpecI to�ene employ otic ho is�seOrconvni�te graph (d)( ), wi� Check l- if the State has elected to complete OJP Form
4061 R.
c1� Taking ap roan to rsor�nel . action a�ainrt such n
ogee, u r� hnc�l�cir�� edmint;�r]�3�as amendedt o�oe RUG -FREE WORKPLACE
r22e�q it merits'° he e a i i att on ct o GRANTEES WHO ARE INDIVIDUALS)
�YJusegas s�an e omne p6elitatPc t c to fan° e� �>pora suc lerr�uir ddd b eCF �Fret7Wg larcte�ct of 1988, and
u ses a ederal, ate, or o ea th, Raw enrorcemen , de ine at 8 R art ;Sections 6 g?5 arid �r7.e��ntees, as
br dtther aporopnate agency;
A As a o dition of the gr nt,. I rtify that I will not en a e in
(g) Making a good faith effort to continue to maintain a drug- free the unlaw�{u�manuf ct ire, c istnbueon, des .arisen oss2 s�o
workplace through implementation of paragraphs (a), (b), (c), (d), �r use of a aontro�ed substance in coneition a9n�actiwry wih
(e), and (f). a grant; an
The rante ma insert in a pace. rovided elow t e tte B. If convinced of a criminal drug offense resulting. from a
s) fofiC tltge rRer orm�nce of work Done in connec ion wi tRte violation occurring during the conduct of any rant activity, I will
PPec c gra : report the conviction, in writing, within 10 capndar days of the
conviction, to: Department of Justice, Office of Justice Programs,
Place of Performance (Street address, city, country, state, zip D C 205 31. 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:
City of Miami Police Department
400 NW 2nd Avenue
Miami, F1. 33128
2. Application Number and/or Project Name 3. Grantee IRSNendor Number
4. Typed Name and Title of Authorized Representative
Manuel A. Morales
Chief of Police
5. Signature
6. Date
U.S. Department of Justice
Drug Enforcement Administration
HIDTA Group 42
CITY OF MIAMI, a Florida Municipal Corporation
Date:
Arthur Noriega V, City Manager
Attest:
Date:
Todd B. Hannon, City Clerk
Approved as to Form and Correctness:
Date:
Victoria Mendez, City Attorney
Approved as to Insurance Requirements:
By: Date:
Ann -Marie Sharpe, Director of
Risk Management