Loading...
HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM File ID: #13413 Date: 01/30/2023 Commission Meeting Date: 03/09/2023 Requesting Department: Department of Police Sponsored By: District Impacted: All Type: Resolution Subject: Execute Agreement - Tactical Diversion TF - DoJ DEA - Police Dept Purpose of Item: A Resolution of the Miami City Commission, with attachment(s), authorizing the City Manager to execute the Case -Specific - Tactical Diversion Task Force Agreement with the United States Department of Justice, Drug Enforcement Administration ("DEA"), as in substantially the attached form, for the Miami Police Department's ("MPD") continued participation on the Tactical Diversion Squad Task Force at a yearly reimbursable overtime cost of $19,180.25 per officer (for up to fifteen (15) officers) for a total of $312,406.14 of which $24,702.39 is non -reimbursable; further authorizing the City Manager to designate the Chief of Police to execute any other necessary documents in order to implement the acceptance of any reimbursement funds. Background of Item: There is evidence that trafficking in controlled substance pharmaceuticals and/or listed chemical 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 City of Miami, Miami -Dade County, Broward County, and Palm Beach County. The United States Department of Justice, Drug Enforcement Administration ("DEA") is authorized to enter into a cooperative agreement concerning the use and abuse of controlled substances under the provisions of 21 U.S.C. § 873. Pursuant to Resolution No. 19-0174, adopted on May 9, 2019, the City of Miami ("City") entered into an agreement with the DEA authorizing the participation of Miami Police Department's ("MPD") sworn member(s) in the Tactical Diversion Squad Task Force ("Task Force"). In order for the respective governments to continue their responsibility of investigating, disrupting and dismantling individuals and/or organizations involved in the trafficking of controlled pharmaceuticals and/or listed chemicals, it is necessary for these participating governmental agencies to execute agreements as requested by the DEA. The period for this agreement shall be in effective until September 30, 2026. During the period of assignment to the Task Force, the City will be responsible for establishing the salary and benefits, including overtime, of the officer(s) assigned to the Task Force and for making all payments due to said officer(s). The DEA will, subject to the availability of funds, reimburse the City for overtime payments at the current yearly cost of $19,180.25 per officer, for up to 15 experienced officers. The DEA stipulated that "Task Force Officer's overtime shall not include any costs for benefits, such as retirement, FICA and other expenses." The General Fund will continue to fund the salary and the non -reimbursable expenses of the officer(s). Budget Impact Analysis Item is Related to Revenue Item is an Expenditure Item is NOT funded by Bonds Total Fiscal Impact: $312,406.14 General Account No: 00001.191501.442900 (Grant amount, reimbursable) - $287,703.75 00001.191501.514000 (Amount, non -reimbursable) - - $24,702.39 Department of Police Department of Police Office of Management and Budget Office of Management and Budget City Manager's Office Legislative Division Office of the City Attorney Office of the City Attorney City Commission Office of the Mayor Office of the City Clerk Office of the City Clerk Reviewed B Jorge Blanco Manuel Morales Luis Hernandez -Torres Marie Gouin Arthur Noriega V Valentin J Alvarez Juan Carlos Perez Victoria Mendez Maricarmen Lopez Mayor's Office City Clerk's Office City Clerk's Office Initial Police Review Department Head Review Budget Analyst Review Budget Review City Manager Review Legislative Division Review ACA Review Approved Form and Correctness Meeting Completed Completed Completed Completed Completed Completed Completed Completed Completed Signed by the Mayor Completed Signed and Attested by the City Clerk Completed Rendered Completed 02/10/2023 9:53 AM 02/10/2023 10:23 AM 02/10/2023 3:03 PM 02/10/2023 6:51 PM 02/13/2023 4:03 PM 02/14/2023 11:47 AM 02/28/2023 9:25 AM 02/28/2023 1:47 PM 03/09/2023 9:00 AM 03/13/2023 12:00 PM 03/13/2023 12:09 PM 03/13/2023 12:09 PM City of Miami Legislation Resolution Enactment Number: R-23-0126 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 13413 Final Action Date:3/9/2023 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A TACTICAL DIVERSION TASK FORCE AGREEMENT BETWEEN THE CITY OF MIAMI AND THE UNITED STATES DEPARTMENT OF JUSTICE, DRUG ENFORCEMENT ADMINISTRATION, IN SUBSTANTIALLY THE ATTACHED FORM, TO PROVIDE FOR THE MIAMI POLICE DEPARTMENT'S CONTINUED PARTICIPATION ON THE TACTICAL DIVERSION SQUAD TASK FORCE, AT A YEARLY REIMBURSABLE OVERTIME COST OF $19,180.25 PER PARTICIPATING OFFICER, FOR UP TO FIFTEEN (15) OFFICERS, NOT TO EXCEED A TOTAL OF $312,406.14, OF WHICH $24,702.39 IS NON - REIMBURSABLE; FURTHER AUTHORIZING THE CITY MANAGER TO DESIGNATE THE CHIEF OF POLICE TO EXECUTE ANY OTHER NECESSARY DOCUMENTS IN ORDER TO IMPLEMENT THE ACCEPTANCE OF ANY REIMBURSEMENT FUNDS. WHEREAS, there is evidence that trafficking in controlled substance pharmaceuticals and exists in the South Florida area and that such illegal activity has a substantial and detrimental effect on the health and general welfare to the residents of Miami -Dade County, including the City of Miami ("City"), as well as Broward County, and Palm Beach County; and WHEREAS, the United States Department of Justice, Drug Enforcement Administration ("DEA") is authorized to enter into a cooperative agreement concerning the use and abuse of controlled substances under the provisions of 21 U.S.C. § 873; and WHEREAS, pursuant to Resolution No. 19-0174, adopted on May 9, 2019, the City entered into an agreement with the DEA authorizing the Miami Police Department's ("MPD") participation in the Tactical Diversion Squad Task Force ("Task Force"); and WHEREAS, in order for the respective governments to continue their responsibility of investigating, disrupting and dismantling individuals and organizations involved in the trafficking of controlled pharmaceuticals, it is necessary to execute agreements with the DEA for continued participation in the Task Force; and WHEREAS, the period for this Task Force agreement shall be effective until September 30, 2026; and WHEREAS, during the period of assignment to the Task Force, the City will be responsible for establishing the salary and benefits, including overtime, for the officers assigned to the Task Force and for making all payments due to said officer(s); and WHEREAS, the DEA will, subject to the availability of funds, reimburse the City for overtime payments at the current yearly cost of $19,180.25 per officer participating in the Task Force, for up to fifteen (15) experienced officers; and WHEREAS, the reimbursment for overtime shall time include any costs for benefits, such as retirement, FICA and other expenses; and WHEREAS, the Police General Fund will continue to fund the salary and the non - reimbursable expenses of the officers participating in the Task Force; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The City Manager is authorized' to execute a Tactical Diversion Task Force Agreement between the City and the DEA, in substantially the attached form, to provide for MPD's continued participation in the Task Force at a yearly reimbursable overtime cost of $19,180.25 per participating officer, for up to fifteen (15) MPD officers, not to exceed a total of $312,406.14. Section 3. The City Manager is further authorized1 to designate the Chief of Police to execute any and all other necessary documents, all in a form acceptable to the City Attorney, in order to implement the acceptance of any reimbursement funds. Section 4. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: ndez, ity ttor ey 2/28/2023 1 The herein authorization is further subject to compliance with all legal requirements that may be imposed, including but not limited to those prescribed by applicable City Charter and City Code provisions. 2 If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City of Miami Commission.