HomeMy WebLinkAboutExhibit. * x U.S. Department of Justice
Bureau of Alcohol, Tobacco,
Firearms and Explosives
Washington, DC 20226
www.atf.gov
MEMORANDUM OF AGREEMENT
Between the
Bureau of Alcohol, Tobacco, Firearms and Explosives
and
Miami Police Department
for
Reimbursement of Overtime Salary Costs
associated with
ATF TASK FORCE
This Memorandum of Agreement (MOA) is entered into by the Bureau of Alcohol, Tobacco,
Firearms and Explosives (ATF) and the Miami Police Department for the purpose of
reimbursement of overtime salary costs and other costs, with prior ATF approval, including but not
limited to travel, fuel, training, and equipment, incurred by the Miami Police Department in
providing resources to assist ATF.
Payments may be made to the extent they are included in ATF's Fiscal Year Plan and the monies
are available to satisfy the request(s) for reimbursable overtime expenses.
I. DURATION OF THIS MEMORANDUM OF AGREEMENT
This MOA is effective with the signatures of all parties and terminates at the close of business
on September 30,.2014, subject to Section VII of the MOA.
II. AUTHORITY
This MOA is established pursuant to the following provisions:
1. Title 28, U.S.C., Section 524(c), the Department of Justice, Asset Forfeiture Fund,
which provides for the reimbursement of certain expenses of local, county, or State law
enforcement agencies incurred as participants in joint operations/task forces with a
Department of the Justice law enforcement agency.
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2. Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies
Appropriations Bill, which provides for the reimbursement of overtime salary costs of
local, county, or State law enforcement agencies incurred while assisting ATF in joint law
enforcement operations.
3. Title 31, U.S.C., Section 9703, the Treasury Forfeiture Fund Act of 1992, which
provides for the reimbursement of certain expenses of local, county, or State law
enforcement agencies incurred as participants in joint operations/task forces with a
Federal law enforcement agency.
If available, the funding for fiscal years 2010, 2011, 2012, 2013 and 2014 is contingent upon
annual appropriation laws, Title 28, U.S.C., Section 524(c), annual appropriations, and Title
31, U.S.C., Section 332.
If available, funding allocations for reimbursement of expenses will be transmitted through a
separate document.
This Memorandum of Agreement (MOA) is not a funding allocation document.
III. PURPOSE OF THIS MEMORANDUM OF AGREEMENT
This MOA establishes the procedures and responsibilities of both the Miami Police
Department and ATF for the reimbursement of certain overtime and other pre -approved
expenses incurred pursuant to the authority in Section II.
IV. NAME OF JOINT OPERATION/TASK FORCE (if applicable)
The name of this joint operation/task force: ATF TASK FORCE
V. CONDITIONS AND PROCEDURES
A. The Miami Police Department shall assign officer(s) to assist ATF in investigations
of Federal, state, and local laws. To the maximum extent possible, the officer(s)
will be assigned on a dedicated, rather than rotational basis. The Miami Police
Department shall provide ATF with the name(s), title(s), and employee
identification number(s) of the officer(s) assigned to the investigation.
B. The Miami Police Department shall provide ATF, within ten (10) calendar days of
the signing of this MOA, with a contact name, title, telephone number and address.
The Miami Police Department shall also provide the name of the official
responsible 'Lu. -L 13
the name of the official authorized to submit an invoice to ATF under paragraph V,
subparagraph E.
C. The Miami Police Department shall provide ATF, within ten (10) calendar days of
the signing of this agreement, with the financial institution where the law
enforcement agency wants the Electronic Funds Transfer (EFT) payment deposited
for reimbursement. The mechanism for this is the SF 3881, ACH
Vendor/Miscellaneous Payment Enrollment Form, (Attachment A). When
completed, forward this form to the following address:
ATTN: Special Agent in Charge, Field Assets and Resource Management Branch,
Asset Forfeiture & Seized Property Section, Bureau of Alcohol, Tobacco, Firearms
and Explosives, Mail Stop 3N-600, 99 New York Ave, NE, Washington, D.C.
20226.
D. The Miami Police Department may request reimbursement for payment of overtime
expenses and other costs with prior ATF approval, including but not limited to
travel, fuel, training, and equipment, directly related to work performed by its
officer(s) assigned as members of a joint operation/task force with ATF for the
purpose of conducting an official investigation.
E. Invoices submitted to ATF for the payment of expenses must be submitted on the
appropriate forms as provided by ATF. The invoice shall be signed by an
authorized representative of the Miami Police Department and submitted to ATF
field office for signature and verification of the invoice.
F. The Miami Police Department will submit all requests for reimbursable payments,
together with the appropriate documentation to ATF by the 10th day of each
subsequent month that the agency is seeking reimbursement.
(1) If the reimbursement request is not received by the ATF field office by the
10th of the subsequent month, the ATF field office will advise the agency,
in writing, that the reimbursement request is late, and if the reimbursement
request is not received within the next 10 working days, the overtime costs
will not be reimbursed.
(2) No waivers or extensions will be granted or honored. The Miami Police
Department will submit the request for reimbursement to the following
address:
ATF, ATTN: John Webb, 11410 N.W. 20t" Street, Miami, FL 33172.
G. The ATF Supervisor shall be responsible for certifying that the request is for
ATF during the joint operation/task force. The responsible State or local official
shall also certify that requests for reimbursement of expenses have not been made to
other Federal law enforcement agencies.
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H. The Miami Police Department acknowledges that they remain fully responsible for
their obligations as the employer of the officer(s) assigned to the joint
operation/task force and are responsible for the payment of the overtime earnings,
withholdings, insurance coverage, and all other requirements by law, regulations,
ordinance or contract regardless of the reimbursable overtime charges incurred.
I. All reimbursable hours of overtime work covered under this MOA must be
approved in advance by the ATF supervisor.
The ATF supervisor will forward all approved reimbursement requests to the
Special Agent in Charge, Field Assets and Resource Management Branch, Asset
Forfeiture & Seized Property Section for payment.
K. This document does not obligate funds. Funding authority, with maximum
reimbursement costs to any one law enforcement officer during the fiscal year
(October 1 — September 30), will be provided through other documents.
VI. PROGRAM AUDIT
This MOA and its procedures are subject to audit by ATF, the Department of Justice,
Office of Inspector General, the Government Accountability Office, and other auditors
authorized by the Federal government. The Miami Police Department 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 such time as the audit
is completed.
These audits 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.
VII. REVISIONS
The terms of this MOA may be amended upon written approval by the original parties, or
their designated representatives. Any amendment to this MOA becomes effective upon the
date of approval as stated in the amendment. Either party can cancel this MOA upon 60 -
calendar days written notice to the other party. The ATF will only process request for
overtime for overtime incurred before the date of cancellation, absent a specific written
agreement to the contrary.
VIII. NO PRIVATE RIGHT CREATED
This is an internal Government agreement between ATF and the Miami Police Department
and is not intended to confer any right or benefit to any private person or party.
Miguel A. Exposito
Chief
Miami Police Department
Date:
Melanie S. Stinnett
Assistant Director
Management/CFO
ATF
Date: 0 a 10a (ac1U
5
77
Hugo Bane
Special Agent in Charge
Miami Field Division
ATF
Date: A
Mar R. Ch t
Acting Assistant Director
Field Operations
ATF l l
Date:
CTFY OF MIAMI, a municipal
Corporation of the State of Florida
ATTEST:
PRISCILLA THOMPSON
CITY CLERK
APPROVED AS TO INSURANCE
REQUIREMENTS:
LEEANN BREHM
RISK MANAGEMENT
6
CARLOS MIGOYA
CITY MANAGER
APPROVED AS TO FORM AND
CORRECTNESS:
JULIE O. BRU
CITY ATTORNEY