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97-22586 RESO RESOLUTION NO. 97-22586 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE CHIEF OF POLICE TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF MIAMI BEACH POLICE DEPARTMENT AND THE UNITED STATES CUSTOMS SERVICE AUTHORIZING THE BUDGETING AND EXPENDITURE OF FUNDS FROM THE UNITED STATES CUSTOMS SERVICE IN THE AMOUNT OF $3,000 FOR OVERTIME EXPENSES RELATED TO THE POLICE OFFICER ASSIGNED TO THE DADE COUNTY MULTI-AGENCY AUTO THEFT TASK FORCE. WHEREAS, the United States Customs Service has funds available to assist local law enforcement agencies; and WHEREAS, the United States Customs Service has agreed to provide monies for the Dade County Multi-Agency Auto Theft Task Force, specifically, funds for overtime for police officers assigned to the Task Force; and WHEREAS, the City of Miami Beach Police Department is assigning one police officer to the Dade County Multi-Agency Auto Theft Task Force and the United States Customs Service has agreed to provide up to $3,000 for the purpose of paying overtime incurred by the assigned police officer. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: Section 1. That the Chief of Police is authorized to execute the attached Agreement between Treasury Law Enforcement Agencies, and Local, County, and State Law Enforcement Agencies for the Reimbursement of Expenses for reimbursement of up to $3,000 for overtime incurred. Section 2. That the City of Miami Beach Finance Department is authorized to budget and expend funds received under this Agreement. PASSED and ADOPTED lhis19th day of November, /1;4 MAYOR ATTEST: _~?r rMLh- CITY CLERK APPROVED AS TO FORM & lANGUAGE & fOR EXEC un ON G\~ City Atto~ /(/nlt?) Date J F:\POLl\TECHSERV\POLlCIES\COM_R ESO\AUTOOT97. RES Agi-eement Between Treasury Law Enforcement Agencies .' arid .. Local, County and State Law Enforcement Agencies For The Reimbursement of Expenses OCDETF: Yes 59-6000372 No x Date of Request: 09- 10 - 97 Tax Identification Number (TIN): Amount Requested: OCDETF Investigation (if applicable) o vertirne S 3000 . 00 Authorized Expenses S Name: Number: United St3te.s CustOr:::lS Case Total S 3000.00 Number(s): HI 0 6 QR 9 6~H 002 From: 10/1/97 Che--J<. for Reimburse.'11ent se.'1t to: St~te or LOc:ll Agency N~me :lnd Addre:S.3 B~..::.ci:l; D:llc of A:r~l1le:lt ~iami Beach Police To: 09/30/98 ~dio: D:t! of A:r=nent 1100 Washington Avenue State or LOc.:ll Age.:::ll:'Y ~iami Beach, Florida 33119 Contact Person: Est rella P ena Telephone Number: (305) 673 - 7 952 PD""RPOSE OF A GREE.M:EJ."Il This agreement establishes the procedures and responsibilities of both the Mia m i Be a c h Pol ice DeDartment (StateJl.ocal Agency), he:einafter called the Agency, and United States Customs Service, Office of the Special Age:lt in Charge/South Florida, for the reimburseme:it of overtime 2nd authorized expe:lses. Payments may be made to Ule extent they are included in the Treasury law enforcement agency's Fiscal Year Pl2n, 2nd the monies are av-cllable wiL~in the Treasury Forfeiture Fund to satisfy the request(s) for reimbursable overtime and aUL~orized ,expenses. LIFE OF THIS AGREElYffi~T This agreement is effective on the date it is signed by both parties to this agreement 2nd terminates on the last day of the current Fiscal Year. Agreements are required on 2. Fiscal Ye2.I basis and renewed, if appropriate, by September 30th of each Fiscal Year for the following Fiscal Year. An agreement may be initiated at any time during the year. AUTHORlTY This agreement is established pursuant to the provisions of 31U.S.C. 9703, the Treasury Forfeiture Fund Act of 1992. The act provides for the reimbursement of specified expenses incurred by stateJlocal agencies participating in joint operations/task forces with Treasury law enforcement agencies. CONDITIONS A1~'D PROCEDURES Assignment of Agency Officer(s) To the maximum extent possible, Agency SJall assign dedicated, experienced law enforcement officer(s) to the task force. On page 4 of this agreement, the Agency shall provide tole United St.::.tes Customs Se:vi.ce with L1e names, titles, and ill numbers of the officer(s) assigned to.,the task force. Further, the Agency shall provide the. hourly overtime wage rate of the officer(s) assigned to the task force. REQu.t.STS FOR REEYIBtJRSE.;."Y!L"'l OF OVER1"Th-E EX:PL.~SES 1. Tne Treasury Asset Forfe:ture fund \0JI re~mburs~ the agency for approv~ overtime costs and aUli}orized travel and per diem e~penses for personnel assigned to the Task Force. The Age;:cy is responsible for paying its employees for their ov er--,i me, L<avel and' per diem expenses. To ensure profer and complete utilization of over--.ime and expense allocations, reimbursement claims must be submitted monthly on the Reimbursement Reauest Form . . Reimbursement "Request. . . 2. The Agency may request reimbursement for overtime/travel e~?enses directly related to work performed by officer(s) assigned to a Joint Task Force with United States Customs Service for the purpose of conducting official Tre-'l-sury investigations. 3. Copies of time cards, or other appropriate documentation must be attached to each reimbursement request. Invoices must be provided when authorized expenses are submitted. " , . 4. The Agency will submit all requests for reimbursable payments, togel~er \Vith appropriate documentation to the United States Customs Service, Office of The Special Agent in Charge, 8075 N. \Y. 53 Street, !Y!.iaml, F10rida 33166. The Agency shall c:r..ify that the request is for overtimeJauthorized e~penses incurred by the Agency participating in a joint operation with United States Customs Service. The Agency shall also cer-..ify 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. The Agency acknowledges that they remain fully responsible for their obligations as the employer of the officer(s) assigned to the task force 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 Agency must be approved and certified by the United States Customs Service. 2 . . I 6. The maximum reimbursement entitlement for overtime is set at $13,000.00 per officer assigned to the task force for the Fiscal Year period. PROGRAM AUDIT This agreement and its procedures are subj~t to audit by United States Customs Service, the Department of the Treasury-Office of Inspector General, the General Accounting Office, and other government designated auditors. The Agency 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 agreeme:1t; as well as the interview of any a.r'Jd all personnel involved in these transactions. ' REVISIONS The terms of this agr~ement may be ame:1ded upon the written approval of both t::';e Agency and the United States Customs Seryice. The revision becomes effective upon the ca:e of approval. NO PRIV ATE RIGHT CREATED This is an internal government agreement between a Treasury Law Er'Jforcemen~ Agency and a LocallCounty/State Law Enforcement Agency and is not intended to confer any right or benefit to any private person or Rarty. CERlillll) BY: STATE OR LOCAL "Ui'DTED STATES CUSTo~rS SERVICE ~~ Richard Barreto, Chief CI ,IVB 7 7 - / r -'17 NamefTitleJSignature of StateJLocal Official Group Supervisor Date Miami Beach Police Department State, Local or County Agency 911/1? Special Agent in Charge Date Date: Customs Headquarters Office Date 3 ....::~..-t(;:;.;~.;:<: ~. .." ..~.. '... .' ,.' .-. STATE O'R LOCAL LAW riiiioRCOONi"PERS'6NNEL'~~~"~.." '..,.~ ASSIGNED TO PARTIC~A1j{'IN'TBE"STATE ~ .....,:. ','::- ::':.:" ',,' LOCAL OVERTIME AND AurHORIZED EXPENSE PROGRAM ::-. --;-:.,..:.;~:~ . -~._'--'._"--'" . ~.' ." ..~.~-':~!,."~".' .....~.:. '.~ .. .~". ., '" .. , . -. .,.- -, .---. .'':''-: :'~.,1 ',:!II.. State or Local Agency: Miami Beach Police Department OCDETF: Yes _ No x OCDETF Investigation Number(s): If Non-OCDETF, related United States Customs Case Number MI06QR9 6~I0002 The law enforcement personnel listed below are proviqed to assist Vlith the above identified investigation. Any modification of the list of law ernorcement personnel must be agreed to in Miting by all of the parties to this Agreement and made a part of this AgreeI:lent. NAME TITLE/RANK orr HOURLY WAGE RATE DOB SSN >0 1. John HcCabe Officer 547.57 06-29-61 262-61-7800 2. , ... .). 4. 5. 6. '" 7. 8. 9. 10. (If additional personnel are to assist, photocopy this page and insert in the request). 4 " . - --..----. .. REQUEST TO ESTABLISH REIMBURSEMENT FOR LOCAL, COlThTI OR STATE LAW ENFORCEMENT AGENCIES P ARTICIP ATING IN JOINT LA. W ENFORCEMENT OPERATIONS wm-I TREASURY LA. W ENFORCEJ-.JENT AGENCIES 'I'REASUR Y AGENCY; U. S. CUstans SeIvice MAIl.ING AD D RESS; 8075 }.W 53 St.....--eet Miami, Florida 33166 CJ/'.'7Acr n::..-:UON: ~~ Ac8sta /Cathe~ine Sanz 'TRE.."..SUR Y AG EN CY FIE' nOm c::=: AlPROVAL (XA.\.1:E ok SIGNA"I10rR~ ?\..; 1.1. N.\..\-C::. A:) r:: ~ -= ,..- T.=..:E:-; 0 N-'::: ....~'m 7.4.:C> A Y3. lD E:i ~ "':0 J C.\::-:c 1'1 ~1.:h..:m::~, OF LOC.\.L, C8t}},7:( S'T.\::=: .ACE.."lCY , Miami Beach Police Departme t 1100 Washington Avenue ~iami Beach, Florida 33119 Tax ID# 59-6000372 Telephone: (305) 673-7952 ./ 'IFF Al?ROVN... A.'m DAT.:: ACCOlJ}fI1NG DATE; D f'YS: BUDi'LN: rROGRAM; 0<I>ETF7 Ya No~ 0G:lETI= CASE NUM38: FC/ FOR 0'VER1'1ME:: Yo~ No FOR CT~ x Y= No C:ON'TAC7 1"i"'! '="?:-;ON'E N1...~8: . 0- I RECli'E.:,-r DA72 09-10-97 ~~JRY AGENCY HEADQU.-'..R'.l':="-I.S Al?ROVAL (N^-1.,{E, SIGNATL"RE ok DATE) E:C?::::-l~23 TO :92 RE::,GLKS8 eve='" ....i.T.e FUND: ORG: OCC: TEOM TRACXING NUMDER (WlLL Ill!. AZlO= !IT TeOAJ') -=~T.=.D COS':"3 TOTAL E.STI:Y.A"IE) s / CITY OF MIAMI BEACH ;ITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 lttp:\\ci.miami-beach.f1.us " COMMISSION MEMORANDUM NO. 733 -9"1- TO: Honorable Mayor and Members of the City Commission DATE: November 19,1997 FROM: Jose Garcia-Pedrosa City Manager SUBJECT: A RESOLUTION OF. E MA VOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE CHIEF OF POLICE TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF MIAMI BEACH POLICE DEPARTMENT AND THE UNITED STATES CUSTOMS SERVICE AUTHORIZING THE BUDGETING AND EXPENDITURE OF FUNDS FROM THE UNITED STATES CUSTOMS SERVICE IN THE AMOUNT OF $3,000 FOR OVERTIME EXPENSES RELATED TO THE POLICE OFFICER ASSIGNED TO THE DADE COUNTY MULTI-AGENCY AUTO THEFT TASK FORCE. ADMINISTRATION RECOMMENDATION Approve the Resolution. BACKGROUND The United States Customs Service has monies available to assist local law enforcement agencies in various law enforcement programso The United States Customs Service has agreed to provide monies for paying overtime expenses for police officers assigned to the Dade County Multi-Agency Auto The~ Task Force. This is the second year of the Police Department's participation in this program. The Police Department is assigning one police officer to the Task Force. Grant funds administered by the Metro-Dade Police Departmet will pay the salary and benefits for.this police officer. Due to the nature of these types of criminal investigations, it is presumed that the personnel assigned will incur overtime. As such, the United States Customs Service has agreed to fund up to $3,000 to pay for any overtime expenses incurred by the City of Miami Beach police officer assigned to the Task Force. There is no cash match or cost to the city. AGENDA ITEM C-l L ." DATE~ .1 , To participate, the Chief of Police must execute the "Agreement Between Treasury Law Enforcement Agencies and Local, County and State Law Enforcement Agencies For The Reimbursement of Expenses" agreement. ~ ANAL YSIS Auto theft is a crime that by its nature, lends itself to jurisdictional problems for law enforcement agencies functioning in geographic areas with multi-jurisdictional responsibilities. In Dade County, where there are 31 separate cities and/or villages, the investigation of auto theft, and recovery and identification of stolen vehicles is a logistical problem. To deal with this obstacle, the Metro-Dade Police Department and several municipal law enforcement agencies have joined together to form a Multi Agency Task Force. The Task Force has proven to be very effective not only in its ability to cross jurisdictional boundaries, but has enabled participating agencies to increase their information sharing capabilities considerably. The assigned officer's salary and benefits are being funded from a grant from the Florida Motor Vehicle Theft Prevention Authority administered by the Metro-Dade Police Department. This Agreement is providing up to $3,000.00 in overtime funds for that officer. Overtime is closely monitored to ensure. the City does not incur expenses in excess of the $3,000.00 allotment administered by the Metro-Dade Police Department. This is the second year the Police Department has participated in this program. The City benefrts greatly by this participation. The Police Department can enhance its efforts to combat auto crimes by increasing its personnel and equipment resources at no cost. CONCLUSION The Dade County Multi-Agency Auto Theft Task Force will enhance the police department's ability to combat auto theft by increasing the ability of law enforcement agencies to identify trends and modus operandi; operate in various jurisdictions; and improve chances of prosecution and conviction of person(s) involved in auto thefts. Through their efforts, the City of Miami Beach will benefit by a reduction in the number of .~~o thefts and its effect on its residents and tourists. ~P~/SDRlMMS F:\POLI\TECHSERV\POLlCIES\COM_MEMO\AUTOOT97.MEM ~