HomeMy WebLinkAboutExhibitCASE SPECIFIC TACTICAL DIVERSION TASK FORCE AGREEMENT
BETWEEN THE DRUG ENFORCEMENT ADMINISTRATION AND THE CITY OF
MIAMI POLICE DEPARTMENT
This agreement is made this 20th day of February, 2019, between the United States Department
of Justice, Drug Enforcement Administration (hereinafter "DEA"), and the City of Miami Police
Department (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
U.S.C. § 873.
WHEREAS there is evidence that trafficking in controlled substance pharmaceuticals and/or
listed chemicals exists in the South Florida area and that such illegal activity has a substantial
and detrimental effect on the health and general welfare of the people of the City of Miami,
Miami Dade County, Broward County, and Palm Beach County, Florida, the parties hereto agree
to the following:
1. The Tactical Diversion Squad 2 Task Force will perform the activities and duties described
below in regards to case (G1-17-2056/MARTINEZ, Julio/YGN7N):
a. Investigate, disrupt and dismantle individuals and/or organizations involved in
diversion schemes (e.g., "doctor shopping", prescription forgery, and prevalent retail -level
violators) of controlled pharmaceuticals and/or listed chemicals in the City of Miami, Miami
Dade County, Broward County and Palm Beach County, Florida area;
b. Investigate, gather and report intelligence data relating to trafficking of controlled
pharmaceuticals and/or listed chemicals; 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 Tactical Diversion Squad 2 Task Force, the MPD agrees
to detail 15 experienced officers to the Tactical Diversion Squad 2 Task Force for a period of not
less than two years. During this period of assignment, the MPD officers will be under the direct
supervision and control of a DEA supervisory Special Agent assigned to the Task Force.
3. The MPD officers 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 MPD officers assigned to the Task Force shall be deputized as Task Force Officers of
DEA pursuant to 21 U.S.C. Section 878.
5. To accomplish the objectives of the Tactical Diversion Squad 2 Task Force, DEA will assign
at least one (1) Group Supervisor, five (5) Special Agents and one (1) Diversion Investigators to
the Task Force. Task Force officers must accurately record their work hours via their respective
activity reporting system.
6. During the period of assignment to the Tactical Diversion Squad 2 Task Force, the MPD will
be responsible for establishing the salary and benefits, including overtime, of the officers
assigned to the Task Force, and for making all payments due them. DEA will, subject to
availability of funds, reimburse the agency/department for overtime payments made by it to
MPD officers assigned to the Tactical Diversion Squad 2 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 MPD charge any indirect cost rate to DEA for the administration or
implementation of this agreement.
8. The MPD 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 MPD 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 MPD 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 City of Miami Police Department 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 MPD agrees that an authorized officer or employee will execute and return to DEA the
attached OJP Form 4061/6, Certification Regarding Lobbying; Debaiiiient, Suspension and
Other Responsibility Matters; and Drug -Free Workplace Requirements. The MPD
acknowledges that this agreement will not take effect and no Federal funds will be awarded to
the MPD 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
MPD 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.
13. 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 thirty 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. DEA will be responsible only for obligations incurred
by MPD during the term of this agreement.
For the Drug Enforcement Administration:
Date:
Adolphus P. Wright
Special Agent in Charge
Miami Field Division
For the City of Miami Police Department
Jorge R. Colina Date:
Name
Chief of Police
Title
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
t 5 ts an
Impp�orrien dea� 28re Fme tt ov r $#�6ipi �SrOs8, as aef ne%iat 2%tFR
Fars bo ttie appifeanet cerrtifles that:
(a) No Federal appropriate funds have been paid or will be paid,
by or on behalf of the undersigned, to any erson for influencing
or attempting'to influence an officer or erh lloyee of any agency,
a -Member oT Congress, an officer or employee of Congress, or
an employee of a Member of Concress in connection with the
making of any Federal grant he enteripcl into of any
nu cooperative agreement, and extension, contiation, renew 1,
amendment, or modification of any Federal grant or cooperative
agreement;
'b. f anfunds other than Federal a r riated fund hav .be n
) d or any ei to an personon for i ueanci nc or a rape rno t
,itiuenc�se anno per or ( nv a ner
a Mem0ei of onere°s ein corine°tio wrihe mis° J-eoera p1pr�ant o°
co�o�,,g.,ratii acre rn ri the unaersigne steal copete y ng
pctIvities, in accordance with itstinStructions°sure otLo b In
Ait(cation be ncl ed in Mile a rdedocumentts for alrsuubawandsnat
coo 'erativ inc Uree ents gran
S§ubcontar cts}}uancr trrat as sub -
recipients s airce y and disclose accorcingty.
hkitli444EiON, AND OTHER
ncl
su e�pnisi nd.arynd im Executive OrderCt-t - rrtt, 6� _Debarment prospe ye
°f'nl r %ethane 7 lvdred transactions, as dre�inestai"28
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
benefits by a state or -Federal court, or voluntarily excluded from
covered transactions by any Federal department or agency;
be Have not within three-year civil cci m et reran this ctaiins application
en convicted o{ or h da civr , u me ren ergea a st ate
ar �atteempting to ootain or perormrng ein conrrection wi
u is (Federal i State,, r local) a s iron or c t contract under a
St�,utestr or ..comthissio�ntlHoof ° ,meezzlemenrt. thae antitrust
staterr, ants,ofr re iceivin°g sfoien property records, maKKing ? Die
Are notpresentlyindicted for yor otherwise criminal or civil
�t3°) criof hi °Cefi.raiv a n ia°n 8 of ei nses(enuumeratetnted ppa lag 1ph'(1)
dau .one not more ubli e ryaesaote n°s
ermine ecifor causa or oefaunit; an
e eding _this application
eaerai, state, or iotai)
B. statements in ethos pcerrtitication a lie or certify shall aattttacri the
explanation to this application.
(GRANTEES OTHER TKHAN INDIVIDUALS)
As lrecuirtedd b e( Drugg-,Frrree7WQulelace °#or°f 19t8$'s, as
dettined at 28U Part bf sections 6 1band b(.D2U-
drugitreeggIllicpfaceey ies that it will or will continue to provide a
(a P b ishin t� aG (stat�m'ent notifytoci em io ees that the
us)e10 +amcontroiieucteSuus nnc°0ng pramFiter in hseearanteegr
employeesaorovncnep'oviioosne aprooiiotmTla` will beiasert against
(bf'ontl1sean°ilplhinaart outgoing 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;
Vdsrsiaynca l•Ota ams gandunseling, rehabilitation, and empioyee
etThe i enalties that ma . b imwpasked upon employees for drug
use v o a ions occurnngwin a or p a e;
{aMaakrt'nchit a recbrtirme ar tttabe 9 h emalcopy to e en seed tit
e ante ran a Iven c of he s men
required°by paragrap e(a9;
�r � ;,' � t t, asmal- ec ition of empioymenf uncterr ttnegranty,
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
r�statement; and
yiola ion�oi aecnrnrn i aru sirs ute ooccumnncq n the workplace no
a erthan ive caienaar days arer such conviction;
ion;
e Nczti Inp the a encV i writin with' calendar days after
e elm rTotice un ety'suo nra aph a) troman err'pio ee
r o h is rece vino a ua notic�rov. convict' .n.
' sptio er{stnt c Qn"'vic �ea
tro �o k g ss.ln a' Oaftice�eor!nJJ�Us ine
r um eraton, each a enctsd giroticd sna incline the iaendficadori
day(f) s of Teceivinof notifollowing naaer actions, within 3(d)(z), wiri
respect to any employee w o is so convicted-
(1)
Requiring such orto participate sati c ina dricsssassistaceere]�totror�pprovetsu
purposes ydrale, or o elh, law en ,
or ter appropriate agency;
workplace throughoimplementation continue
paragraphst(a), (b), drug- free
(e), and (f).
The rants may insert in the pace,provided below the site
ssecsfic g aroertormance of work sdone int connection w� tie
Me) of Performance (Street address, city, country, state, zip
City of Miami Police Department
400 N.W. 2nd Avenue
Miami, Florida 33128
Check r h erthere are workplace on file that are not identified
Section 67 630 of the a state e. e7.
ot ntee hat stt caen�eorprnItwaaieat enoe 1tici/satesd s'agencies
may t mue
Check r if the State has elected to complete OJP Form
4061/
(D RVANTEES WHO ARE INDIVIDUALS) �4
imDIerrent 6the R CDR7� rt ?7W 'gY F t of 1988, and
detinec a ar ections arid 8t� gontees, as
A. As a
o�dition f�e grant. IJertify that I will not engage in
thuslmntrsninn'oditininopossession oaroo edubsstacceicnioany activitywth
te grant; anc
B. If convinced of a criminal drug offense resulting, from a
violation occurringduring the conduc of any grant actMity, I will
report the convic ion, m writing, within 10 carendar 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. city Grantee a iami s' cr Police Department
400 N.W. 2nd Avenue
Miami, Florida 33128
2. Application Number and/or Project Name
4. Typed Name and Title of Authorized Representative
Jorge Colina, Chief of Police
3. Grantee IRSNendor Number
5. Signature
6. Date
Drug Enforcement Administration (DEA)
Case Specific Tactical Diversion Task Force Agreement
CITY OF MIAMI, a Florida Municipal Corporation
By: Date:
Emilio T. Gonzalez, City Manager
Attest:
By: Date:
Todd B. Hannon, City Clerk
Approved as to Form and Correctness:
By: Date:
Victoria Mendez, City Attorney
Approved as to Insurance Requirements:
By: Date:
Ann -Marie Sharpe, Director of
Risk Management