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HomeMy WebLinkAboutMemorandum of Understanding . ~ (}tJ{;... ()if(}t/ {J :MEMoRANDUM OF UNDERSTANDING (MOU) BETWEEN IM1\1IGRATION AND CUSTOMS ENFORCEMENT AND LOCAL, COUNTY, OR STATE LAW ENFORCEMENT AGENCY FOR THE REIMBURSKMENT OF JOINT OPERATIONS EXPENSES FROM THE TREASURY FORFEITURE FUND City of Miami Beach, Florida on behalf of the Miami Beach Police Department This Agreement is entered into by the Miami Beach Police Dept. (NCIC Code OR! FL0l30700 #~ and Immigration and Customs Enforcement (ICE), SAC Miami Office for the purpose of the reimbursement of costs incurred by the Miami Beach P. D. in providing resom-ces to joint operations/task forces. Payments may be made to the extent they are included in the ICE Fiscal Year Plan, and the money is available within the Treasury Forfeiture Fund to satisfY the request(s) for the reimbmsement of overtime expenses related to joint operations. I. LIFE OF THIS AGREEMENT This Agreement becomes effective on the date it is signed by both parties. It remains in force unless explicitly terminated, in writing, by either party. II. AUTHORITY This Agreement is established pursuant to the provisions of31 USC 9703, the Treasury Forfeiture Fund Act of 1992, which provides for the reimb~sement of certain expenses incuned by local, county, and state law enforcement agencies as participants of joint operations/task forces with a federal agency participating in the Treasury Forfeiture Fund. m. PURPOSE OF THIS AGREEMENT This Agreement establishes the responsibilities of both parties and the procedures for the reimbursement of overtime expenses pmsuant to 31 use 9703. IV. APPLICABILITY OF TIDS AGREEM:ENT This agreement is valid for all j oint investigations led by ICE, SAC Miami Office, with the participation of the Miami Beach Police Department, and until terminated, in writing, by either party. -2... V. TERMS, CONDITIONS, AND PROCEDURES A. Assignment of Officer(s) T th . t t 'bI th Miami Beach Police Department o e maxrmUIn ex en pOSSl e, e . shall assign dedicated officers to any investigation or joint operation.. Included as part of this Agreement, the Miami Beach Police Department shall provide the ICE, SAC Miami Office with the names, titles, last four digits of ~SNs, badge or ID numbers, and hourly overtime wages of the officer(s) assigned to the joint operation. This information must be updated as necessary. B. Submission of Requests for Reimbursement (Invoices) and Supporting Documentation 1. The Miami Beach Police Department roayrequest the reimbursement of overtime salary expenses directly related to work on a joint operation with ICE, SAC Miami Office, performed by its officer(s) assigned to this joint operation. The Miami Beach Police Department may not request the reimbursement of the same expenses from any other Federal law enforcement agencies that may also be participating in the investigation. 2. Reimbursement payments will not be made by check. To receive reimbursement payments, the Miami Beach Police Department must ensure that Customs and Border Protection, National Finance Center (CBPINFC) has a current ACH FOIIIl on file with the agency's baDk account information, for the purposes of Electronic Funds Transfer. The ACH Fonn must be sent to the following address: CBP National Finance Center Attn: Forfeiture Fund 6026 LAKESIDE BLVD. INDIANAPOUS, IN 46278 If any changes occur in the law enforcement agency's bank account information, a new ACH Form must be filled out and sent to the CBP/NFC as soon as possible. -3- 3. In order to receive the reimbursement of officers' overtime and other expenses related to joint operations, the Miami Beach Police Dept. must submit to ICE, SAC Miami Office the TEOAF Form '"Local, County, and State Law Enforcement Agency Request for Reimbursement of Joint Operations Expenses (Invoice)", signed by an authorized representative of that agency and accompanied by supporting documents such as copie-c: of time sheets and receipts. 4. The Miami Beach Police Department remains fully responsible, as the employer of the officer(s) assigned to the investigation, for the payment of overtime salaries and related benefits such as tax withholdings, insurance coverage, and all other requirements under the law, regulation, ordinance, or contract, regardless of the reimbursable overtime charges incmred. Treasury Forfeiture Fund reimburses overtime salaries. Benefits are not reimbmsable. 5. The maximum reimbursement entitlement for overtime worked on behalf of the joint investigation is set at $15,000 per officer per year. 6. The Miami Beach Police Dept. will submit all requests for the reimbursement of joint operations' expenses to ICE, SAC Miami Office. VI. PROGRAM AUDIT This Agreement and its provisions are subject to audit by ICE, the Department of the Treasury Office of Inspector General, the General Accounting Office, and other govemment designated auditors. The Miami Beach Police Dept. agrees to pemnt such audits and agrees to maintain all records relating to these transactions for a period 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 of expenditures related to this agreement, as well as interviews of any and all personn~l involved in these transactions. -4- VII. REVISIONS The terms of this Agreement may be amended, upon the written approval by both parties. The revision becomes effective on the date of approval. VIII. NO PRIVATE RIGHT CREATED This is an internal government agreement between the ICE, SAC Miami Office and the Miami Beach Police Department, and is not intended to confer any right or benefit to any private person or party. Dat~'EP . V 200& r- Ie Torres Special Agent in Charge ICE, SAC Miami Office APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION !d1.'l/"1. \.;:: Date SAC/MIAMI STATE OR LOCAL LAW ENFORCEMENT PERSONNEL ASSIGNED TO PARTICIPATE IN THE STATE AND LOCAL OVERTIME EXPENSE PROGRAM WITH US IMMIGRATION AND CUSTOMS ENFORCEMENT BUREAU State or Local Agency: Miami Beach Police Department OCDETF Case: Yes No x CDETF Investigation Number(s): FC/FLS/ If Non-OCDETF, related ICE Case Number(s): XX06ZA03XX0007 The law enforcement personnel listed below are provided to assist with the above-identified investigation. Any modification of the list of law enforcement personnel must be agreed to in writing by all parties to this Agreement and made part of said Agreement. 1. Dale A. Twist Sergeant OVERTIME** HOURLY WAGE RATE DOB SSN $52.33 08/04/63 262-75-1495 $45.21 03/29/67 590-18-5064 $45.21 12/23/59 261-45-4031 $45.21 02/09/62 264-77-8150 NAME TITLE/RANK* 2._V.i C""pnrp Canete Officer 3. T.;:\rry Marrero Officer 4. Michael Pryor Officer 5. 6. 7. 8. 9. 10. 11'. 12. 13. 14. 15. (If additional personnel are to assist, photocopy this page and insert in the Agreement request.) . *Sworn Officers ONLY - Rank of Sgt. and below. ..**STRAIGHT TIME AND HALF WITH NO BENEFITS INCLUDED. FIGURE RECORDED TO TWO DECIMAL POINTS ($00.00) 5 SAC/MIAMI STATE OR LOCAL LAW ENFORCEMENT PERSONNEL ASSIGNED TO PARTICIPATE IN THE STATE AND LOCAL OVERTIME EXPENSE PROGRAM WITH US IMMIGRATION AND CUSTOMS ENFORCEMENT BUREAU State or Local Agency: Miami Beach Police Department OCDETF Case: Yes No--x-- CDETF Investigation Number(s): FC/FLS/ If Non-OCDETF, related ICE Case Number(s): XX06ZA03XX0007 The law enforcement personnel listed below are provided to assist with the above-identified investigation. Any modification of the list of law enforcement personnel must be agreed to in writing by all parties to this Agreement and made part of said Agreement. NAME- TITLE/RANK* OVERTIME** HOURLY WAGE RATE DOB SSN 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. (If additional personnel are to assist, photocopy this page and insert in the Agreement request.) . *Sworn Officers ONLY - Rank of Sgt. and below. ..**STRAIGHT TIME AND HALF WITH NO BENEFITS INCLUDED. FIGURE RECORDED TO TWO DECIMAL POINTS ($00.00) 5 /,\U\), I, LVV(l 0: ?,':/f,IVI ~LUt L1UnINI~U vr~ NU, q~? r, !. ACH VENOOR/MiSCELCA.NEOUS PAYMENT ENROI.l.MEm FORM 1:1 INti. '1S1o.00u .. '" . :'~l'til form is used fer Automated Clearing Hc.l.lGe tACH> payment$ with an addendum record tl !lit oontaiM "vrnent-related Information processed through the Vendor ecpres& program. ~eolpien'l. l of these piS~ should bring this infQI'h"lstion tQ the attention of their finl!lncial lr'l$dorution when pr.!! ~lntins this form tor completion. PRIVACY ACT STATEMENT ( The following information is provided to compJy with the Privacy Act of 1974 (p.L 93-f;.71l'). All information coneated on this form is requIred under 'the provisions of 31 1l.S.C. 332.2 an: :~1 CFR 210. This information wnt be used by the Treasury Department to transmit payment i lU, by alecuoflio moane to vend.or'~ finanoiallnS'litution. Failure to provide the rF.Xluested infornm jCln mllY d81~v Qr prevent the receipt of payments through the Automated Clearing House Payment ~vstem. AGENCY lNFORMA.TION IDDRESIllI ~o:N.lUt J'IDN'~ CSlHTEll. sou L.USS:tDB B!..v.c. \ DID~O.r.xS, m 46278 .f Ol'l~ lrC:a.PJf:tTttRE ll'nNtl 'rEAl(/At.~= ni=>1: vmVullCl !WlA; r$5~:t~Tz;an~ ~ 1'II,.L! " ~L . FORMATION Ph:xY -' '. ~as-(o iL{ -5;)0_ -a ; ~ 73 -TJ.7t,.; · Instructions for Completing SF 3881 Form 1. Agency Information Section - Federal agency prints or types the name and address of the Federal program agency originating the vendor/miscellaneous payment, agency identifier, agency location code, contact person name and telephone number of the agency. Also, the appropriate box for ACH format is checked. 2. Payee/Company Information Section - Payee prints or types the name of the payee/company and address that will receive ACH vendor/miscellaneous payments, social security or taxpayer 10 number, and contact person name and telephone number of the payee/company. Payee also verifies depositor account number, account title: and type of account entered by your financial institution . in the Financial Institution Information Section. 3. Financial Institution Information Section - Financial institution prints or types the name and address of the payee/company's financial institution who will receive the ACH payment, ACH coordinator name and telephone number, nine-digit routing transit number, depositor (payee/company) account title and account number. Also, the box for type of account is checked, and the signature, title, and telephone number of the appropriate financial institution official are included. Burden Estimate Statement The estimated average burden associated with this collection of information is 1 5 minutes per respondent or record keeper, depending on individual circumstances. Comments concerning the accuracy of this burden estimate and suggestions for reducing this burden should be directed to the Financial Management- Service, Facilities Management Division, Property and Supply Branch, Room B.101, 3700 East West Highway, Hyattsville, MD 20782 and the Office of Management and Budget, Paperwork Reduction Project (151()"0066), Washington, DC 20503.