HomeMy WebLinkAboutExhibitCASE -SPECIFIC - TACTICAL DIVERSION 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# FLO 130600 (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 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
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 Task Force will perform the activities and duties described
below:
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 Task Force, the parent
agency agrees to detail fifteen (15) experienced officers to the Tactical Diversion Squad
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 a DEA
supervisory Special Agent assigned to the Task Force.
3 The parent agency 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 parent agency officers assigned to the Task Force shall be deputized as Task Force
Officers of DEA pursuant to 21 USC § 878.
5 To accomplish the objectives of the Tactical Diversion Squad Task Force, DEA will
assign four (4) Special Agents and two (2) Diversion Investigators to the Task Force.
Task Force officers must accurately record their work hours via DEA's activity reporting
system.
6 During the period of assignment to the Tactical Diversion Squad Task Force, the parent
agency 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 parent agency for overtime payments.
Annual overtime for each state and local law enforcement officer is capped at the
equivalent to 25% of the salary of a GS-12, Step 1 of the general pay scare for the rest of
the United States. Reimbursement for all types of qualified expenses shall be contingent
upon availability of funds and submission of a proper request for reimbursement which
shall be submitted monthly or quarterly on a fiscal year basis, and which provides the
names of the investigators who incurred overtime for DEA 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. 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. - 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 to the 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 parent agency 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, 2026. This agreement may be terminated by either party on thirty days'
advance written notice. DEA's support to the Task Force, including reimbursement of
overtime is subject to the availability of funds on a fiscal year basis (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 the fiscal year or within 60 days or 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
Special Agent in Charge
Miami Filed Division
For the City of Miami Police Department
'PM
Date
JI, /63
Manuel A. Morales Date
Chief of Police
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 required by e ��� 1352� T tie 31 of the
UU.S$ .Code, and
impiementld
�arto6P� ttta aopptio eemerttfl se hatibnas e ine is o2% 2
by or on behalf of the undersigne, have any person for linflbe paid,
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 grant, the entering into of any
cooperative agreement, and extension, continuation, renewal,
amendment, or modification of any Federal grant or cooperative
agreement;
b If any funds �f'other than Federal a r riated fund stehave.be n
� d or ane ffcero e to ee of n �iCon eneno bra Member
uence an o cer ore % ,
e of
a Member of �on ress incohne tion h is edera raant o
co peratiXee a re in t, he rt ersi ed snail co pet and
Bunn: ies, to aeccroardann�oe with its L structctionsosure o ohbying
((V The n�derCsi ne s aril require that�the language of this cer-
at
aIlCtiers. (incalpUddinJgp�is(ubg�rrannts, d dontraaactsststar ))undegrsugranttasrdanna
recipients sshaircertity andsdiscloseeaccordiinglyantl treat an SUfJ-
rTICEVNAPrER
ppppulbbljj ICCC (Federal . State, for local) ttraosa don or co�'�ttr[act under a
St� Itutestrppansacomnn'lissiondtloof ot embederai ent. thet antitrust
sstaterrnents, or receiving stoien property records, maTcing �a1s�e
Are not presentlyindicted for tvorotherwiseg criminal) or civil)
cbom isss rerorany f theanofteenses(enuumeratedtin paragraph wi(1)
lid) ad ,one notormore ubi three-year transactions (Fededral9btate port local)
erminated for cause or default; and
B. Where the applicant is. unable to certify to an f the
statements n toi thish as certi ionion, he or sne shall attach an
6R9k1ATEESROHER THANAINDIVIDUALS)
As lecuirtedd a eCD.ru Frrten7Workplarcrte cftorof 19t88,sand
de nec ai 28 o Part P� Sections o/�.61 ' and T .g28-
ru l rse Ir ace rtities that it will or will continue to provide a
" g t wo c�pr Pby:
(a11 P b ishin00 aC U[stat rnent noti yIn ertribution, CisfQn��(gJ)lo eeegs gthat the
useauI e
workkp 1 e corttr'oo na ed fe�S�ua stare act sspfjpr.Itla�ite. be� the a against
employeesnorr viblatiorl oT such prohibition;
b) Establihinanon-going drug -tree awareness program to
required b Executive Order 12549, Debarment and worm employees a out-
asrt 7,irg aimplemented
rg7co1 r ed tra sa ti P s 6a, detpneor at 28
ION, AND OTHER
�A.. The applicant certifies that it and its principals:
mentfedeclared inellcjble, sentencedntoedaprdenialdof Federal
benefits by a State or -Federal court, or voluntarily excluded from
covered transactions by any Federal department or agency;
pbeen convictedtotn a halo ycivl�lUeCigmet recedingthisangaiinstctte
r r commis on o:nrau or a crirnirlB ortense in con ection with
obtaining, attempting to obtain, or per'orming a
(1) The dangers of drugs abuse in the workplace;
(2) The grantee's policy of maintaining a drug -free workplace;
3 A available dru c unseling, rehabilitation, and employee
(as'sistance programs;gana
house vtonatiotns occutrnnVin thie workeplacpeon employees for drug
theMertorrnance otrtnme rantabe givenmaa copy tof the st9atement
required by paragraphe(a7;
of e emploatin .the statement required by
that, as 2 conrition oemployment under the grant
e employ
OJP
FORM 4061/6 (3-91) REPLACES OJP FORMS 4061/2, 4062/3 AND 4061/4 WHICH ARE OBSOLETE.
(1) Abide by the termssof the stattegment; and �1
viola ion aecnmrnaledrug etr ure occurring inhthe workplacerno
la laterthan ive calendar days after such conviiction; v
receiVyotnfQy i rt tice aunderY'sumoaaraagaphh{o)( calendar erailploftee
r othOTwIs retie vi a tueafrnmotic o . 5uc cony tl .n.
Employers ptTTc QQn1�vIc da Om
o ee nmot 'Et
s prcovld.e ottiicee, jncTu my
vvashhran is'n�D.0 2 u,1. Notice shall incluletth�eVedenntifiicatioeri
numberts) of each a ected grant,
(fl s aooktnTeocev in f notifollowing unr asuoparogrape 3(d)( ) le w �r
resypect to any employee who is so convi to -
Lggoccss o
reenmentspoftheRiabili�O AtVtf6r3aentded;oe
a?b) sequir s ce or tefl b�litatPor igamI faro°ve for suc�
use as i an a or e
purposes nrr ppropnate agency e, or o a ealth, wen orcemen
(g) Making a good faith effort to, continue to maintain a drug- free
workpan lac(f). through implementation of paragraphs (a), (b), (c), (d),
(e),
The.grantee may insert in the pace.pprovided below the site
Spec ge oerTormance of work done in connection with the
Poa�ee of Performance (Street address, city, country, state, zip
Check
r- herthe.ere are workplace on file that are not identified
of the
ulations
tat is
a ystateAm�ai elect ocman sheoo ed ce mticatloa in each i'-eapeTca5c ai
tor uel arect ment o .mice tun ina. stattes and each agencies
Check r- 4if 061 /7the .State has elected to complete OJP Form
GRANTEES WHO ARE INDIVIDUALS)
As le eireddd b ;leC u Frt e7Wgr IaceFArt of 19tee'sand
defined ai 8 F� ari ; Seections 6 gr5 and �f
the unla tui condition ctture9distlibucton, disat nsiril nposseaaio in
oruse ror aneontro(red substance in condition any activity with
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 cal -ender 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, F1. 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
Y�4- )�13��3
United States Department of Justice
Drug Enforcement Administration
Case -Specific — Tactical Diversion Task Force Agreement 2023
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