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Agreement,-+-t DEPARTMENT OF THE TREASURY INTERNAL REVENUE SERVICE WASHINGTON, D.C. 20224 CRIMINAL INVESTIGATION November 30, 2010 MEMORANDUM FOR DANIEL AUER SPECIAL AGENT IN CHARGE MIAMI FIELD OFFICE CRIMINAL INVESTIGATION FROM: Beth Merillat Director, Warrants & Forfeiture Criminal Investigation SE:CI:OPS:WF SUBJECT: FY 2011 State and Local Overtime Agreements Attached are the approved Form 9975, Agreement, Form 9973, Reimbursement Request, and Form 9974, Request to Establish Reimbursement between the IRS - Criminal Investigation (CI) and the Miami Beach Police Department. Please ensure the state or local agency receives the enclosed copy of this memorandum and the attached documents. The Treasury Forfeiture Fund (TFF) tracking number for this agreement is REIM# 2 -11 -65 -2192. Please include this tracking number on all reimbursement, increase /decrease, and de- obligation requests and forward the signed and dated requests to your regional OCDETF Coordinator. The initial agreement pertaining to the FY 2011 TIFF budget has been authorized in the amount of $27,600.00. The overtime allocation is $15,000.00. The travel allocation is $12,600.00. Subsequent increases may be granted upon receipt of written requests from the Special Agent in Charge. This agreement covers the period October 1, 2010 through September 30, 2011. If you have any questions related to this procedure or to any of the information provided, please contact Senior Analyst Strown Martin at 202 - 622 -8404 or Legal Analyst Chris Rosado at 202 - 622 -4155 AGREEMENT BETWEEN TREASURY LAW ENFORCEMENT AGENCIES and LOCAL, COUNTY AND STATE LAW ENFORCEMENT AGENCIES FOR THE REIMBURSEMENT OF EXPENSES This agreement is entered into by the City of Miami Beach and Internal Revenue Service, Criminal Investigation, for the purpose of receiving reimbursable costs incurred by the City of Miami Beach in providing resources to joint operations /task forces. Payments may be made to the extent they are included in the Treasury law enforcement agency's Fiscal Year Plan, and the monies are available within the Treasury Forfeiture Fund to satisfy the request(s) for reimbursable overtime expenses. LIFE OF THIS AGREEMENT This agreement is effective on the date it is signed by both parties and terminates on the last day of the current Fiscal Year. Agreements are required on a Fiscal Year basis and must be renewed, if appropriate, by September 30th of each Fiscal Year for the following Fiscal Year. II. AUTHORITY This agreement is established pursuant to the provisions of 31 U.S.C. 9703, the Treasury Forfeiture Fund Act of 1992, which provides for the reimbursement of certain expenses of local, county, and state law enforcement agencies incurred as participants in joint operations /task forces with a Department of the Treasury law enforcement agency. III. PURPOSE OF THIS AGREEMENT This agreement establishes the procedures and responsibilities of both the City of Miami Beach and the Criminal Investigation, Internal Revenue Service, for the reimbursement of certain overtime and other expenses pursuant to 31 U.S.C. 9703, Form 9975 (Rev. 2 -05) Cat. No. 22456K Department of the Treasury -- Internal Revenue Service Page 1 IV. NAME OF TASK FORCE /JOINT OPERATION (If Applicable) The Name of this Task Force is IRS Financial Investigative Strike Force - HIDTA Group 5 Projected Dates of Remaining Operation: 10/01/2010 to 09/30/2011. V. CONDITIONS AND PROCEDURES A. Assignment of Miami Beach Police Department Officers To the maximum extent possible, City of Miami Beach shall assign dedicated officer(s) to the Task Force /Joint Operations. The City of Miami Beach shall provide the Criminal Investigation, Internal Revenue Service, with the names, titles, badge or ID numbers of the officer(s) assigned to the Task Force /joint Operation in an attachment to this agreement. B. Requests for Reimbursement of Overtime Expenses The City of Miami Beach may request reimbursement for payment of overtime expenses directly related to work performed by its officer(s) assigned as members of a Joint Task Force /Operation with the Criminal Investigation, Internal Revenue Service, for the purpose of conducting official Treasury investigations. The City of Miami Beach shall provide the Criminal Investigation, Internal Revenue Service, within 10 days of the signing of this agreement, a mandatory ACH Vendor Payment Enrollment Form for Electronic Funds Transfer. Invoices submitted for the payment of overtime to City of Miami Beach officer(s) shall be submitted on the agency's letterhead. The invoice shall be signed by an authorized representative of that agency. 4. The City of Miami Beach will submit all requests for reimbursable payments together with appropriate documentation to the Criminal Investigation, Internal Revenue Service, , ATTN: ( Cliff Lockwood, Supervisory Special Agent, 7850 SW 6th Court, Stop 65 -09, Plantation, FL 33324, telephone number (954) 888- 1649. The City of Miami Beach shall certify that the request is for overtime expenses incurred by the City of Miami Beach for Participation with a joint operation conducted with the Criminal Investigation, Internal Revenue Service. The City of Miami Beach City of Miami Beach shall also certify that requests for reimbursement of overtime expenses have not been made to other Federal law enforcement agencies who may also be participating with the task force /joint operation. Form 9975 (Rev. 2 -05) Cat. No. 22456K Department of the Treasury -- Internal Revenue Service Page 2 The City of Miami Beach acknowledges that they remain fully responsible for their obligations as the employer of the officer(s) assigned to the task force /joint operation and are responsible for the payment of overtime earnings, withholdings, insurance coverage and all other requirements by law, regulation, ordinance or contract regardless of the reimbursable overtime charges incurred. 5. All requests for reimbursement of costs incurred by the City of Miami Beach must be approved and certified by the Criminal Investigation, Internal Revenue Service. The Treasury law enforcement agency shall countersign the invoices for payment. 6. All requests for reimbursement of costs are to be received by Criminal Investigation, Internal revenue Service no later than 15 days after the previous month end. These requests for reimbursement are to be for a full month time period, from the first day to the last day of the month. There should not be invoices covering only part of the month, as in 1/10104 — 1125104. 7. The City of Miami Beach is limited to a maximum reimbursement for all overtime expenses in connection with this operation of $15,000.00 per year under this agreement. By statute, no single officer may earn more than $15,000.00 per fiscal year in overtime regardless of the number of agreements he /she is authorized on. Travel and related expenses should not exceed a maximum of 1 this task force /joint operation for the Fiscal Year period. i� 7jp 'L�I The total dollar value of this agreement may be adjusted at anytime by Criminal Investigation, Internal Revenue Service based upon the following: A) The Criminal Investigation, Internal Revenue Service may modify the total dollar obligation, resulting in an increase or decrease, if they determine that the original obligated amount is not commensurate with the rate of reimbursable requests, based on their analysis of submitted reimbursement requests. B) The adjustments to the total dollar value of this agreement may result in a partial and /or total reduction of reimbursement funds requested. Any modification made to an authorized agreement will be documented in writing and immediately provided to the impacted state and local agency. C. PROGRAM AUDIT This agreement and its procedures are subject to audit by the Criminal Investigation, Internal Revenue Service, Department of the Treasury, Office of Inspector General, the General Accounting Office, and other government designated auditors. The City of Miami Beach agrees to permit such audits and agrees to maintain all records relating to these transactions for a period of not less than three years; and in the event of an on- going audit, until the audit is completed. These audits may include reviews of any and all records, documents, reports, accounts, invoices, receipts or expenditures relating to this agreement; as well as the interview of any and all personnel involved in these transactions. Form 9976 (Rev. 2 -05) Cat. No. 22456K Department of the Treasury -- Internal Revenue Service Page 3 D.'� REVISIONS The terms of this agreement may be amended upon the written approval of both the City of Miami Beach and the Criminal Investigation, Internal Revenue Service. The revision becomes effective upon the date of approval. E. NO PRIVATE RIGHT CREATED This is an internal government agreement between a Treasury Law Enforcement Agency and the City of Miami Beach , a Local /County /State Law Enforcement Agency, and is not intended to confer any right or benefit to any private person or party. Signature / Printed Name Title City of Miami Beach �U f Signat r I1id111V.UQII� SAC Printed Name Title Criminal Investigation Miami Field Office Internal Revenue Service Date: Si=a ture l �� (b, / � f � Vb V�JI� L' C i' U Printed Name Title Chief Financial Officer City of Miami Beach Date: Date Signature l� \, . S'fQa ►�r' �� . J Ae G i It ( loll Printed Name I Title Criminal Investigation Internal Revenue Service Washington, DC Date: it f 3q O APPROVED AS TO FOR ANGUAGE 6 ECUTION r 4 ZI 1 ATTORNEY DA Form 9975 (Rev. 2 -05) Cat. No. 22456K Department of the Treasury -- Internal Revenue Service Page 4 REQUEST TO ESTABLISH REIMBURSEMENT FOR LOCAL, COUNTY, AND STATE LAW ENFORCEMENT AGENCIES PARTICIPATING IN JOINT LAW ENFORCEMENT OPERATIONS WITH TREASURY LAW ENFORCEMENT AGENCIES TREASURY AGENCY: OCDETF CASE: ® YES ❑ NO TEOAF TRACKING NUMBER Internal Revenue Service (WILL BE ASSIGNED BY TEOAF) 2 — MAILING ADDRESS: 7850 SW 6rh Court, Stop 65 -09 OCDETF CASE #: FOR OVERTIME: ® YES ❑ NO Miami Beach Police Department Plantation, Florida 33324 $15,000 FOR OTHER: ❑ YES ® NO ��rL 'y Travel " Af CONTACT PERSON: CONTACT TELEPHONE NUMBER: C. Lockwood, Acting Supervisory Special Agent 954- 888 -1649 Tax ID No. REQUEST DATE: 08/03/2010 TREASURY AGENCY FIELD OFFICE TREASURY AGENCY HEADQUARTERS APPROVAL (NAME & SIGNATURE) APPROVAL (NAME & SIGNA RE & DATE) 08/04/2010 Daniel W. Auer, SA MFO Marti Str n ector & F BFYS: FUN D: BUDPLN: ORG: FULL NAME, ADDRESS, TELEPHONE EXPENSES TO BE REIMBURSED ESTIMATED COSTS AND TAXPAYER IDENTIFICATION NUMBER OF LOCAL, COUNTY, STATE AGE Miami Beach Police Department Overtime $15,000 1100 Washington Avenue ��rL 'y Travel " Af $3,000 $9,600 Miami Beach, FL 33139 (305) 673 -7776 ext tal /Lease Vehicle ($800 per mT th) Tax ID No. TFF APPROVAL AND DATE TOTAL ESTIMATED COSTS 08/04/2010 $27,600 ACCOUNTING DATA: BFYS: FUN D: BUDPLN: ORG: PROGRAM: OCC Fonn 9974 (Rev. 6 -96) Cat. No. 224552 Department of the Treasury - Intemal Revenue Service ACHVENOORW|SCELL4NEOUS PAYMENT ENROLLMENT FORM OMD No. I S 10 ODb6 ThisbrmiSumd for Automated Clearing House I4CH) payments with an uddondurn record fhat Contains pnynoant-/rotad intonnmtkm piocessed through the Vendor Express Program. Rnuipicnm of those payments should bring this hn/onnmion to the attention ofrAnh financial inuhtv(>nn when presenting this fnnn [o/completion. PRIVACY ACT STATEMENT The following Information is provided to vnmp|y with t Privacy Act of 1974 W.L. 83'579>. All infonna(ioo ooUvcuod on this form is required under the provisions of 31 U.S.C. 3332 and 31 CPR 210. This information will be used by the rmoxu/y Dopatmon1 to transmit payment data' by e|oct/noin means 1n vendor's financial institution. Failure 1u provido the requested information may delay o/ prevent the receipt of payments through tho/\oLun`atod Clearing House Payment System. CITY OF MIAMI BHACH 1,700 comvmmcznm comTuu onzvE MIAMI BEACH, FLORIDA 33139 nzcHARDcLoMENTo A ,'�SN NO, ORmXR so'a0003rz 305 %673-7776 x5214 RE +1 FINANCIAL INSTITUTION INFORMATION U.S. CUSTOMS AND BORDER PROTECTION rAGf 7005 Gt 70-05-OBOO In/ CCO-I NATIONAL FINANCE CENTER, 6650 TeleCcM Drive, Suite 100 INDIANAPOLIS, IN 46278 00 ION — INIORMAI _1OW CITY OF MIAMI BHACH 1,700 comvmmcznm comTuu onzvE MIAMI BEACH, FLORIDA 33139 nzcHARDcLoMENTo A ,'�SN NO, ORmXR so'a0003rz 305 %673-7776 x5214 RE +1 FINANCIAL INSTITUTION INFORMATION SUNTRUST 777 BRICKELL AVENUE MIAMI, FLORIDA 33131 NINE-DIGIT ROUTING TRANSIT NUMBLR� CITY OF MIAMI BEACH QENERAL DEPOSITORY ACCOUNT OITOSITOR ACCOUNT NUIVIRER: BOX NUMBER: TYPE 01 ACCOUNT- E AND - III KF OF)�UTHONZCD OFFICIAL: TELEP14ONE NUMIJEW M SIGN .ffu�� /VF �i Ngm-4!vo�,-,,+yvo �� ` The Department of the Treasury LOCAL, COUNTY, AND STATE LAW ENFORCEMENT AGENCY REQUEST FOR REIMBURSEMENT OF JOINT OPERATION EXPENSES TO: ❑ ATF NAME OF AGENCY ADDRESS: CONTACT PERSON: ❑ IRS ❑ USCS ❑ USSS City of Miami Beach 1100 Washington Avenue Miami Beach, FL 33139 OCDETF CASE: OCDETF CASE #: TAX IDENTIFICATION #: TELEPHONE #: TFF TRACKING NUMBER ® YES ❑ NO 59- 6000372 305 - 673 -7776 x 5214 Richard Clements DATES FOR WHICH THIS REIMBURSEMENT IS REQUESTED: FROM: 1010112010 TO: 09/30/2011 OVERTIME EXPENSES TOTAL NUMBER OF REGULAR HOURS WORKED DURING THIS BILLING PERIOD ON CASES FOR WHICH OVERTIME WAS REQUESTED BY THE OFFICERS LISTED ABOVE: HOURS OTHER EXPENSES I CERTIFY THAT THE INFORMATION PROVIDED ABOVE OR AS ATTACHED HERETO IS /ARE ACCURATE AND REPRESENT ACTUAL COSTS INCURRED BY THIS AGENCY FOR PROVIDING RESOURCES TO THE TREASURY LAW ENFORCEMENT AGENCY. NAME TITLE /HEAD OF AGENCY SIGNATURE DATE CERTIFIED BY NAME/TITLE /SIGNATURE OF TREASURY LAW ENFORCEMENT AGENCY PRINCIPAL FIELD OFFICE ++ TIFF REVIEW: DATE: NOTE: OCDETF CASES - A copy of this document shall be sent to the Agency Core City Coordinator Form 9972 (Rev. 6 -96) Cat. No. 22452S Department of the Treasury - Internal Revenue Service TOTAL AMOUNT REIMBURSEMENT REQUESTED 1 $0.00 0.00 $0.00 $0.00 0.00 $0.00 $0.00 0.00 $0.00 $0.00 0.00 $0.00 $0.00 0.00 $0.00 $0.00 0.00 $0.00 $0.00 Page 1 Sub Total $0.00 TOTAL OVERTIME REQUESTED: $0.00 TOTAL NUMBER OF REGULAR HOURS WORKED DURING THIS BILLING PERIOD ON CASES FOR WHICH OVERTIME WAS REQUESTED BY THE OFFICERS LISTED ABOVE: HOURS OTHER EXPENSES I CERTIFY THAT THE INFORMATION PROVIDED ABOVE OR AS ATTACHED HERETO IS /ARE ACCURATE AND REPRESENT ACTUAL COSTS INCURRED BY THIS AGENCY FOR PROVIDING RESOURCES TO THE TREASURY LAW ENFORCEMENT AGENCY. NAME TITLE /HEAD OF AGENCY SIGNATURE DATE CERTIFIED BY NAME/TITLE /SIGNATURE OF TREASURY LAW ENFORCEMENT AGENCY PRINCIPAL FIELD OFFICE ++ TIFF REVIEW: DATE: NOTE: OCDETF CASES - A copy of this document shall be sent to the Agency Core City Coordinator Form 9972 (Rev. 6 -96) Cat. No. 22452S Department of the Treasury - Internal Revenue Service TOTAL AMOUNT REIMBURSEMENT REQUESTED 1 $0.00 The Department of the Treasury LOCAL, COUNTY, AND STATE LAW ENFORCEMENT AGENCY REQUEST FOR REIMBURSEMENT OF JOINT OPERATION EXPENSES OVERTIME EXPENSES (Continuation an 0.00 IN $0.00 $0.00 0.00 $0.00 $0.00 0.00 $0.00 $0.00 0.00 $0.00 1 $0.00 0.00 $0.00 $0.00 0.00 $0.00 $0.00 0.00 $0.00 $0.00 0.00 $0.00 $0.00 0.00 $0.00 $0.00 0.00 $0.00 $0.00 0.00 $0.00 $0.00 0.00 $0.00 $0.00 0.00 $0.00 $0.00 0.00 $0.00 $0.00 0.00 $0.00 $0.00 0.00 $0.00 $0.00 0.00 $0.00 $0.00 0.00 $0.00 $0.00 0.00 $0.00 $0.00 0.00 $0.00 $0.00 0.00 $0.00 $0.00 PAGE 2 Overtime Sub Total 0.00 Form 9972 (Rev. 6 -96) Cat. No. 22452S Department of the Treasury - Internal Revenue Service DEPARTMENT OF THE TREASURY LOCAL, COUNTY, AND STATE LAW ENFORCEMENT AGENCY REIMBURSEMENT REQUEST FOR OVERTIME COSTS AND AUTHORIZED EXPENSES ATTACHMENT TO AGREEMENT TO: ❑ ATF❑ IRS ❑ USCS ❑ USSS NAME OF AGENCY: Miami Beach Police Dept. DATE OF REQUEST: ADDRESS: 1100 Washington Avenue OCDETF CASE: ❑ YES ❑ NO Miami Beach, FL 33139 OCDETF CASE #: TAX IDENTIFICATION #: 59- 6000372 TEOAF TRACKING #: CONTACT PERSON: Richard Clements TITLE: TELEPHONE: 305 - 673 -7776 x 5214 ADDITIONAL INFORMATION ON OFFICER(S Form 9973 (Rev. 6 -96) Cat. No. 22463D Department of the Treasury - Internal Revenue Service