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; Debarment, 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 handed 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 GFR 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
imp�ornen i ea 28re me Pt ov 9tle 31 of the U.S. Code,
$#�t5ipi �SrOs�nas nef ne� Iat 2 andM
�ar bo , e applieanet cera ifies trhat:
�u Ic (Federal , State,, r Local) a a ion or c t ct under
tu���,,ucfestrffonsaeaimn��isslo�ntlHoof °�m�e�femenrt �he �ofitrus�
3 a�errwants, ofr re ic°eivin°g sfoien property records, ma ing �aeisry
ccll Are of presentl indi t d for or th8rwise criminal or civil
(a) No Federal appro nate funds have been paid or will be paid, afarc� edit aoverryin ncfaeTntit� (�eaeral }State or, �icalwii
pYY or on behalf of th�undersl undersigned to anVV arson for influenciin m I an ° t ie o ens s enumera a iri pa rah 1
or attempting to influence an offcer or erh�loyee of any agencyg �� o'f IIsi ceAficat%n; and p g }
a -Member o Congress, an officer or emp oyee of Congress, or
an em loyee of a Member of Congqress in connection with the th }
makin� of any Federal grant fhe entenpcl into of an id��lon °tmn�e ubl rar�saet ns preeetlai9Sta a peri9atioB
coo erative agreement, and extension, continuation, renewa', ermma a for taus or a au t; an tr
ameca
ndment, or modification of any Federal grant or cooperative
agreement;
B. Where the a plicas�� is. una le to rtify to an f the
stat me is in this rtirication, e or s�ie shall a tac�i an
P1 . fan ff ds othher than Federal a r riated fund hav .ben explanation to this app, iication.
o or ywilNae id to an gorsoene fafC n��ieancen °f a era iI e? o�
uence an o cer or
a eWre s a icer or em o ee o Con re o a a la e o 3 ®R FRE RKPLAC
eh o Umares i cA ne tion Is a era n o UG K
co��,e.,rati a re��he �ersi eall cno p�e� aandr (GRANTEES �THER THAN tN�1VIDUALS}
1�ctiGities,in aecacordance with itis�In�truc�tionsasure o ogbying
As re wired b e �ru-Frrre�7W�ulelace °#or°f 19t$$'s,and
de ine e tas
e�l8 a art 'F Sections 6.91 and V.1
( 1 pe under i ned sh 11 rIns
ir that the lanau e t this cer-
A �c tion Vier adetl in t ie rdedocL) (i s for a subawards a� y I a i tc ties that it will or will continue to provide a
u ins�1 graon rat $$ un r qr nt anndrug->eeilcip�ace'y:t�§U�CdntrnCiS} and ttTa at� Sub-
recipien s s aIIT cer[i y and disclose accordinglly.
(a P b1 ishin a stat Ment noti to em to ees that the
ur>'la � ma uufa at istttaanbution its nsi� ssessio , qr
ON, AND OTHER wort�plalce- Ianint �- f �sthehacti�r��rm�at�wiil be �a�ei� agaeins�
emp oyees or vi a io o suc pro i ition;
u required
`ii nd.aryndvlmpl�mented trrCF125,6pbarmonte�, nd
I 'W7i S8ciimonn%7Tly�red transactions, as dre�inedpat
A. The applicant certifies that it and its principals:
(a) Are not presently, debarred, sus ended, proposed for debar-
Bment declar d inefl ible, sentenc�d to a denial of Federal
enefits by a tota or ederal court, or voluntar excluded from
covered transssactions by any Federal department or agency;
b�Have not wdthr a thr e-yeaf�enod rteced' t is aip�l, ti
en convic e o_ r h ca cavi , u e ren erge�a a st ate
o�rta°Ing �a i°empting to osisin or pertorming ein con action wi
kbl),Es6an°ilPlOyeeS 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;
(,JdSlsVa a �ilab ams %a 8unseling, rehabilitation, and employee
e�The pgr}alties that ma . bVmwpospj ucpon employees for drug
use v o a ions occurnng in a or p a e;
fRLMMak'ncqiit a recbt ir�ment the 9 h rwilo�eee to e enned ir}
e ante ran a given c of % s men
req Ired°by pargrap e{a�;
ij
Ira ratpby a� tw �ef, asmapl edition of emplsoymenunc�err e granbtt,,
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 statement; and
p City of Miami Police Department
R�ri Ia io' aecn �riFTfI n s{r uig ooccusfririp her the wocrkt�polece no 400 N.W. 2nd Av e n u e
I er han ive ca en ar da�js a er such con is ion; Miami, Florida 33128
e Nati in the a e c i writin with' lendar days after
e elyin rfotice tT�tery'surb ra aph, o) ra an em to ee Check i h there are workplace on file that are not identified
�m°l�O er(Sis rece'e a�? W notic� cot) ti .n. ere.
ar c Qn�vic ciotV es g st rovicCIQID tice n cfu in 3 �t hptsI�cd sh sincude theVec%n#Ifi do a £tae ma 6eie �fto ea o oris car itrovioesin aachgpecfee fiat�a�
nurnberVs) of each a ected grant; Toon belect pens��hJP�Form �6 i/glnc aefoes anhdeotate p gIca ton
Y
rfl Ta
k'n one, of the, followi actions, withi 30 lend r
rdes�pect{t any em�foyeoeiwho is scOrconvpgegrapnh (d)( W. w� Check f if the State has elected to complete OJP Form
T 406117.
c1� to eeg apron to i��� sor�neel in cjtion col�sisi�entswithh tine DRU FR WHOMLACE
req�iir�mentuspof}he e}�a�ilitar} n �c a � I3, as arnentled; ar ffl TE WE INDIVIDUALSI
8 usegas s such or ��e I I ifat ( ic�i0 a slatasfacotoel Minora suc� ms ierr ei C W rt t7Fre W i M F . . 1988, and
u ses a ederal a e, oro ea h, Ta8w en orcemen , de me a a ectio6s arid 97.Rf2�r�tees, as
or othier appropriate agency;
q As a o dition f he gr nt. I ertify that I will not enpa e in
(g} Making a good faith effort to continue to maint in rug- free the unlaw�uimanuf ure, cisti�bucf�pn, dis nsm osg s�o
workplace through implementation of paragraphs �a}, �b�, (c), (d), ruse of a entrol�e substance m con icon ri}Pactivi y 101
(e), and (f). t�e grant; an
The rants ma rosert m the pace, rovided elow t e ite B. If convinced o a criminal d uq offense resulting, from
s') fp tl e er orm nce of work apace. I aonnec ion w� tie violation occurrinq uring the con�uc� of any grant act nty, I will
ecific gram: re ort the convicTon, in wntw within 10 catgendar da s of the
convection, to: De artment of �gustice, Office of fustics Programs,
P�a�e� of Performance (Street address, city, country, state, zip D C N 05��ntrol Desk, 633 Indiana Avenue, N.W., Washington,
As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above certifications.
1. (ILais'Po
-LY 0amilice Department
400 N.W. 2nd Avenue
Miami, Florida 33128
2. Application Number and/or Project Name 3. Grantee IRS/Vendor Number
4. Typed Name and Title of Authorized Representative
Jorge Colina, Chief of Police
5. Signature 6. Date
Drug Enforcement Administration (DEA)
Case Specific Tactical Diversion Task Force Agreement
CITY OF MIAMI, a Florida Municipal Corporation
Emilio T. Gonzalez, City Manager
Attest:
Lo
Todd B. Hannon, City Clerk
Approved as to Form and Correctness:
Victoria Mendez, City Attorney
Approved as to Insurance Requirements:
Lo
Ann -Marie Sharpe, Director of
Risk Management
Date:
Date:
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