Agreement with Treasury . -7 4 7
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, through the Miami .Beach Police .Department,
and Internal Revenue Service, Criminal Investigation, for the purpose of receiving reimbursable costs
incurred.by - Beach Police-Department in providing resources to joint operations /task.forces.
Payments maybe 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'F:und to satisfy.the request(s) for
reimbursable overtime expenses: -.
1.. 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.
11. AUTHORITY
This agreement..is- established pursuant tothe of 31 U.S.C..9703, the Treasury
- Forfeiture 'F.und Act of 1.992,. which provides forthe - reimbursement of certain expenses of local
county, and state law enforcement agencies incurred as participants in joint operations /task
forces with -a ;Department of Treasury law enforcement agency.
111. " PURPOSE `OF THIS AGREEMENT
This.agreement establishes the - procedures - and responsibilities of,both the City of Miami113each,
through the Miami 'Beach `Department, and the Criminal Investigation, 'internal Revenue
Service, "for - reimbursement of certain overtime and other expenses, pursuant 31 .U_S.C.
:97:03.
Form.9975 .(Rev. 2 =05) Cat. No. 22456K Department of the Treasury -- Internal Revenue Service Page 1
IV. NAME FORCE /JOINT.OPERATION (If Applicable)
The of.this Task Force, is IRS Financial Investigative Strike Team - `HIDTA Group 5
Projected 'Dates of Remaining Operation: 1z0 /01/2011 to 09/30/201.2.
V. CONDITIONS AND PROCEDURES
A. Assignment of Miami Beach Police Department Officers
To the maximum possible, the Miami Beach Police .Department shall assign
dedicated officer(s) to the Task Force /Joint Operations.`
The Miami Beach Police Department. shalI provide the Criminal investigation, Internal
Revenue'Service, with the. names, titles, badge or ID numbers; of the office' .(s) assigned
- to - the Task Force /joint Operation in an attachment to :this agreement.
B. Requests for Reimbursement of Overtime :Expenses
1: The Miami Beach Police Department-may request reimbursement"for;payrnent of
overtime expenses directly related to work performed .by its officer(s) assigned`.as
members of Force /Operation Criminal Investigation, Internal
Revenue Service, for the purpose of `conducting official Treasury investigations.
2: The Miami: Beach Police Department provide�.the-Criminal Investigation,
Internal - Revenue Service, within - 10 _days of the signing _of agreement, - a
mandatory ACH Vendor: Payment Enrollment'Form`for,Electronic Funds Transfer.
3.. Invoices submitted for. the payment of overtime. to Miami :Beach Police
.Department officer(s) shall be submitted ,on -the -agency's letterhead. The invoice
shall be signed by an.authorized - representative of1hat agency.
4. The Miami Beach 'Police.Departrnent will submit all requests for
payments togetherwith appropriate documentation to'.the' Criminal Investigation,
Internal Revenue Service, ATTN: _Clifford R. Lockwood,.Supervisory.Special
Agent, 7850 - Sw*6 t "``Court; "'Stop 65 -09, Plantation, :F.L`33324,` telephone number
(954) 888 =1649.
The Miami -Beach .Police Department shall certify that the request is for overtime
r expenses, incurred -by the.Miami Beach Police Department Participation with a
.joint operation conducted with Criminal Investigation - , Internal-Revenue
Service. The - Miami Beach Police 'Department ,shall also certify that requests =for
- reimbursement of .overtime expenses have not. been made10 .'other Federal law
enforcement agencies who may also :be ;participating with the. task force /joint
operation.
Form-9976 (Rev. 2 -05) Cat: No: 22456K Department of the Treasury -- Internal Revenue Service Page 2.
The Miami - Beach 'Police Department acknowledges that.they remain fully
responsible for1heir 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 reimbursement of costs incurred. by. Miami Beach Police
Department 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 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 111.0104 - 1125104..
7. The Miami "Beach , Pol'ice Department is limited.to :a. maximum .reimbursement for
all overtime mexpenses in connection with this operation of $15,000.00.per year:
under. agreement. By statute, no single officer may .earn more:than
$15;000.00 per*fiscal year iri overtime regardless number of agreements
fie /she.is.authorized - on. Travel and related expenses should not exceed a
maximum of $6,000.00 forthis taskforce /joint operation for the Fiscal Year
period.
8. The 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.incr..ease.or decrease, ifthey determine thatthe
original obligated .amount is not commensurate with the rate of reimbursable
requests, on .their analysis of submitted reimbursement requests.
- B) The adjustments thextotal dollar value of this agreement may result in a
partial - and/or total - reduction of reimbursement - funds - requested. Any
modification made - to an authorized agreementwill.:be documented in writing and
- immediately provided to'the impacted state and local agency_
C. ` PROGRAM .AUDIT
This agreement.and its procedures, are subjectao audit .by the Criminal] vestigation,
Internal "Revenue Service, Department of the Treasury, Office of Inspector General, the
General Accounting Office, and other -government designated - auditors. The�Miami
-.Beach - Police Department agrees to permit such audits and- agreesao maintain all records
relatin to ;these transactions fora period - not-less than .three years; .and in the event of
an on- going =audit, -until the -audit is completed.
These audits may include 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 .9975 (Rev. 2 -05) Cat. No.- 22456K Department of - the Treasury --Internal Revenue Service Page 3
D. REVISION'S
The terms of this agreement maybe amended upon the written approval of
-- both
of Miami -Beach and the Criminal Investigation., InternaF Revenue Service. The revision
becomes effective upon the date of approval.
` E..: NO PRIVATE RIGHT CREATED
This is .an internal government agreement b etween 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 benefit to.any private person or party.
Sig ature _ .Signature
C hief of- Police 'Special.Agent in
G i7j J .c 6-4 Charge
Printed Name Title Printed 'Name Title
Miami Beach Police Department Criminal 'Investigation
Miami ,Field Office
Internal Revenue Service
. "Date:.( p �� °Zo Date:
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•
alt-
"_Signature Signature
' go t���'� � J�-tZ� ��� Y
Cite Clerk
Printed Name :Title Printed :Name - Title
Criminal Investigation
City of Miami Beach Internal Revenue'Service
. Washington, DC,
:Date:
APPROVED AS TO
FORM & LANGUAGE
- fD§PECUTION
<ATTORNEY VAT
Form 997 = 5 (Rev.:2 =05) Cat. No:.22456K Department of the Treasury -- Internal Revenue Service Page 4