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 party 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:
Deanne L. Reuter
Miami Field Division
Special Agent in Charge
For the City of Miami Police Department:
__—th C---
Manuel A. Morales
Chief of Police
City of Miami Police Department
Date:
Date: 1 b ( ( q (o'.L,
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
As a u)r dd b e tjnn 1352 Tale 31 of the U..S. Ctode, aanrd
�arto6oj to appaoree enifi se hat: $nas aeeT!ne�J �ato2 FR
(a) No Federal appropriate funds have been paid or will be paid,
by or on behalf of the undersigned, to any person for influencing
or attempting to influence an Officer or employee of any agency,
a Member of Congress, an officer or employee of Congress, Or
an employee of a Member of Congress in connection with the
making .of any Federal rant the entering into of any
cooperative agreement, and extension, continuation, renewal,
amendment, or modification of any Federal grant or cooperative
agreement;
AID Jcifor �iilloesT�JJoaia totann Fpee_rsornlfpor 1ntIuienci n for al-hnpyeibelnnj,
raueress, a otficef or mpioo ee of Con re e ! a aemplovee oT
a srember ort uon res i co 1ne tion v h � s J-eaera ryanc o
ccoomerati ayredernijnt rthe undersigned s al cormpie'te and
c ivities,win accordance with its in§tructionsosure o o hying
ti c2Tthon Dn((e�IdIlnCIJded inrttie a urdedocUtmengtts tCT a llrsuubaawardsre�at
clooterativenclureeer entsbbgrnn sr conniacttsl1uadndrtrrat ai and
shatrcertity and disclose accordingly.
(NO $„ ggION, AND OTHER
As
6
DensUirnci.anap imp leYmc n9ted aOtrinrCFK5Prrt' 67 to prosnte ti
cpa rt 7i%eci or67 b1(Trea transactions, aS detinea a, L.
A. The applicant certifies that it and its principals:
(a) Are not presently, debarred, suspended, proposed for debar-
ment declared ineligible, sentenced to a denial of Federal
benefits by a State or -Federal court, or voluntarily excluded from
covered transactions by any Federal department or agency;
Dte Have n.ict weth}nor thor a civil rednm'od urecedanrea against t)
r commis ono rau or ai cri i o else in con ect on wei
ootaining, a emp ing to o tain, or pe orming a
pppu is (Federal . State, r local) tra ado or c tr ct under
utp, i trutes ansaction; . viooladtion of ederar orr to e antitrust
s{atertry, faro receiving stoesst proper em of records, hmaa inig rTalrsYe
Are not presently indicted for or th rw' eS criminal) or civil)
Chaco oftissds 'ri oif�icaty or tneaomensesty (enuameeateatin par!a�graph itn
(1)
(band
nd) aa love notmore a three-yearic.rasperiod (ddpreceding/hisapicIocor
on or more Mac ,rraa sa ti ns llr�-e era), ta e, or oca
ermina a for causeor e-au t; an
B. Where the applicant is. unable to certify to anyf the
statements in thicertification, he or she shall attach an
expanation to this application.
GRANTEES OTHER THAN INDIVIDUALS)
As le euinr dc4 ba 2thgeC��u Frret7WSgrl�iliaarcte Fgcforof 1 n9t8e8's and
EFrre� at 28 CFR Part 6f Sectwns ti,.615' and ro`..6z6-
druthee +ppliccant certifies that it will or will continue to Provide a
9 P y:
(a P b ishin a statement notifvin employees that the
urtlawr marl fa at is riibution, pdisp ,��,ntir(fp ssesssion, p$r
worrkkplace and specifying tFie actin s..r.Tnat�wiii be taserr against
employees for viation osuch proriibition;
(nb>)orm emlisriina n, oon-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;
(as)s siavnce programs garccounseling, rehabilitation, and employee
84' The ogrnalties that ma . be. imooskec� upon employees for drug
use v a ions occurringyin a or p a e;
c) MMakinc it a recb irement thatt each employee to be engnoed in
he e o ance ran a given c py of the s men
required
�{yvby parttahhgrap (aJ;
b, e°tpoyr(a) tw at, as ac0T diction ottempltoymenef unarm trie grantY,
ra raPi ee
OJP FORM 4061/6 (3-91) REPLACES OJP FORMS 4061/2, 4062/3 AND 406114 WHICH ARE OBSOLETE.
(1) Abide by the terms of the statement; and
viola ion�o� aec lr min drug s au ooccumnnq her the conviction for no
rat�er an ive ca en ar days a .er such conviction;
(e) Not rlttitce ander sub ara� 'apt,. (d)( ctroendan ea sloftee
ar otny is receiving a0otuar notic ror.dsuocn . conv5tl n
a�orsitfroll gtiu , Qn�vic eta t otees J st c . (Rice otn Us Ince
Waasrlinmt n, LU. ' 2 531ro icesk, ri6 i n hideianthe aernifi icatlon
numberts) of each a ected grant e s a I inc u e
Tak�one. of the.. following actions, within 30calendar
eecttoany'employeewholsSOrconvcteggrap(d)()wl(1) Taking ap roann�te rsonnel.action against such n
emrequirements of he RehabilitatronteAct of 1o3n/3, as amended; orae
guuRequirip such em Io e.to artici ate satisfactoril i a dru
nge approp e g nctate, or Joca!slealth, Raw enr icemen ,
(g) Making a good faith effort to continue to maintain a drug- free
workplace through implementation of paragraphs (a), (b), (c), (d),
(e), and (f).Th@ mayinsertthespace.provided � thesite
rs) fo.retrreapertormninorndoneeitlrconnectioino witr th
SSSSS ecic grant: ot
Placce of Performance (Street address, city, country, state, zip
coa
Check r ii there are workplace on file that are not identified
eC p ere. qU providesqLanj jI7, g
fyastate , Am�acoy elect
30 t h Cria oonee a 1 ti don w teaeh-rhede el Ct scan
moay elect tou s�eo �� ohhe trm w p�2. taefes and ate agencies
Check f- 4if 06th1e/7. State has elected to complete OJP Form
RUG-FRE WORKPLACE
GRANTEE WHO ARE INDNIDUALS)
As le uirentdd b eCD a F ee7Wg larcte�ct of 1988, and
denined at 28 art ; Sart ections 6 .b1 and �r7.azuntees, as
A. As aVy o dition of tthe grant,. IUctertify thataI will not engage �in
the se I of a� manufacture,
substance inn'conaltonl any activity with
the grant; ane
B. If convinced of a criminal drug offense resultingfrom a
violation occurring during the conduct of any grant activity, 1 will
report the conviction, in writing, within 10 carender 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:
City of Miami Police Department
400 NW 2nd Avenue
Miami, Fi. 33128
2. Application Number and/or Project Name
4. Typed Name and Title of Authorized Representative
Manuel A. Morales
Chief of Police
3. Grantee IRSNendor Number
5. Signature
6. Date
(0(/q(4-&2___
U.S. Department of Justice
Drug Enforcement Administration
HIDTA Group 42
CITY OF MIAMI, a Florida Municipal Corporation
By: Date:
Arthur Noriega V, 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