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Home My WebLink AboutMemorandum of UnderstandingEXISTING OVERTIME REIMBUL..-EMENT, AGREEMENT MEMORANDUM OF UNDERSTANDING DISTRICT FUGITIVE TASK FORCE (DTF) South Florida Fugitive Apprehension Strike Team (S/FL — FAST) Florida Regional Fugitive Task Force (RFTF) And The City of Miami Police Department This Memorandum of Understanding (MOU) is entered into by the City of Miami Police Department and the United States Marshals Service (USMS) pursuant to the Presidential Threat Protection Act of 2000 (Public L. 106-544, § 6, December 19, 2000, 114 Stat. 2718, 28 U.S.C. § 566 note). The Presidential Threat Protection Act of 2000 provides that, "the Attorney Genera] shall, upon consultation with appropriate Department of Justice and Department of the Treasury law enforcement components, establish permanent Fugitive Apprehension Task Forces consisting of Federal, State, and local law enforcement authorities in designated regions of the United States, to be directed and coordinated by the United States Marshals Service, for the purpose of locating and fugitives. Terms and Conditions 1. Period of Performance: This 1\4OU will be automatically renewed annually based on written notification from the USMS, on or about October 1 of each new fiscal year. Participating agencies may withdraw their participation after providing 3C) days advance written notice to the Assistant Chief Deputy or Task Force Coordinator. Participating agencies entering into this MOU are not committed to any period of perfoiuiance. However, this MOU will remain in force for agencies requesting to remain on the RFTF task force upon the completion of each fiscal year. 2. Overtime Reimbursement: Should funds be available, the USMS shall reimburse your organization for overtime hours. if overtime is compensated, the agency must submit within 30 days after receipt a fully executed MOU, Reimbursement of overtime work shall be consistent with the Fair Labor Standards Act. Overtime per law enforcement officer is capped at no more than $15,572 per year. Reimbursement of overtime shall be contingent upon the submission of a proper invoice on a quarterly basis within 30 days after the close of the quarter. The fiscal year quarterly billing periods are Oct -Dec, Jan -March, April -June, and July -September. Failure to submit a proper invoke within 30 days after the close of the quarter will preclude reimbursement for the overtime incurred within th.e quarter. A proper invoice identifies the agency name, address and MOU, as well as the names of the investigators who incurred overtime for the task force during the quarter. The invoice should reflect the number of overtime hours incurred; the hourly regular and overtime rates in effect for each investigator, and the total quarterly .cost. All invoices for overtime from operation "Orange Crush" must be submitted within 30 days after the operation completion. The invoice should be submitted to the Task Force Chief who will review the invoice, stamp and sign indicating that services were received and that the invoice is approved for payment; and forward to USMS District Headquarters for processing. Documentation supporting the summary level quarterly invoice will be maintained by the Task Force Chief, and only the summary level quarterly invoice will be forwarded to USMS Headquarters. Group supervisors are responsible for scheduling the duty hours of the personnel assigned to their group, subject to the supervision of the Task Force Chief and the availability of overtime compensation. Agencies will receive a purchase order or financial MOU specifying the amount of overtime available and the dates for which the overtime is allotted. This MUST be received by the agency prior to incurring any overtime reimbursable by the United States Marshals Service, Agencies within the District may join the task force at any time with the consent of the USMS and after consultation with the Task Force Advisory Committee.. Agencies that wish to join will sign a copy of the existing MOU for the District. 3. Personnel and Supervision: The DTF/RFTF will consist of law enforcement and administrative personnel from federal, state, and local law enforcement agencies. Each participating agency may agree to assign at least one full-time law enforcement officer to the task force. Other law enforcement officers may assist with task force operations as necessary. Direction and coordination of the DTF/RFTF shall be the responsibility of the USMS Task Force Chief. Subject to the needs of the DTF/RFTF, participating agencies may assign supervisory personnel to serve as group supervisors within the task force. Each group supervisor will be responsible for the operational supervision of a multi -agency group of federal, state, and local flawenforcement officers assigned to the task force '`The current task force, if applicable, will be integrated within the D 1'r /RF if to fou nulate a joint task force with a greater scope of responsibility and wider area of. coverage. , _ , Administrative matters which are internal to the participating agencies remain the responsibility of the respective agencies. Furthermore, each agency retains responsibility for the conduct of its personnel. 4. Task Force Advisory Committee: A Task Force Advisory Committee, consisting of representatives of each participating agency, shall meet and confer as necessary to review and address issues concerning the DTF/RFTF. 5. Vehicles and Equipment: Any vehicles, equipment, credentials, or other items issued to task force personnel by the USMS shall remain the property of the USMS at all times. Government vehicles shall be used only for official purposes and solely for use in the performance of the task force duties. They shall not be used for transportation between residence and place of employment. All vehicles and equipment must be returned to the USMS upon termination of the task force or the departure of any task force personnel. Any other equipment used by or assigned to task force officers will remain the property of the agency issuing the equipment and will be returned to that specific agency upon termination of the task force or upon agency request. Pending the availability of funding, each participating agency agrees to furnish one vehicle for use by the task force for each law enforcement officer assigned -to the task force (unless a USMS owned or leased vehicle is assigned to the officer). Each agency is responsible for the fuel, maintenance, and other expenses associated with the use of its vehicles. Pending the availability of funds and equipment, the USMS will issue USMS radios to each task force officer. Each participating agency agrees to provide mobile and/or handheld radio equipment capable of communicating on their law enforcement radio network. Pending the availability of funds, the USMS will furnish cellular telephones to be used for official DTF/RF1'r business. 6. Background Investigations and Special Deputation: Personnel assigned to the task force may be required to undergo background investigations in order to be provided access to USMS offices, records, and computer systems. In the event that such background investigations are required by the USMS for state or local personnel, the USMS shall bear the costs associated with those investigations. Non-USMS law enforcement officers assigned to the task force will be deputized as Special Deputy U.S. Marshals. Special Deputations will be in effect only when the deputized task force officer is assigned to the task force and is performing task force duties. 7. Records, Reports, and Evidence: Original reports of investigation, evidence, and other investigative materials generated, seized, or collected by the DTF/RFTF shall be retained by the agency in the DTF/RFTF responsible for the case. However, evidence may be turned over to other law enforcement agencies as appropriate. Copies of investigative reports and other materials may be provided to other agencies in accordance with applicable laws, rules, and regulations. Task force statistics will by maintained in the USMS Warrant Information Network (WIN). Statistics will be made available to any participating agency upon request. 8. Referral and Assignment of Cases: Each participating agency agrees to refer cases for investigation by the DTF/RFTF. Upon receipt of a written request, the DTF/RFTF may also assist non -participating law enforcement agencies in locating and arresting their dangerous fugitives. Task force personnel will. be assigned federal,. state, and local fugitive cases for investigation. Investigative teams will consist of personnel from different agencies whenever possible. Each participating agency retains responsibility for the cases they refer to the ID 1'l,/RFTF. 9. NCIC Entries: Federal fugitive cases referred to the task force for investigation by any participating agency will be entered into the National Crime Information Center (NCIC) by the USMS or originating agency, as appropriate. State or local fugitive cases will be entered into NCIC (and other applicable state or local lookout systems) as appropriate by the concerned state or local agency. 10. Travel: Task force personnel may be required to travel outside of the jurisdiction to which they are noiuially assigned in furtherance of task force business. State or local task force officers traveling on official business at the direction of the USMS shall be reimbursed directly by the USMS. for their travel expenses in accordance with applicable federal laws, rules, and regulations. 11. Informants: Pending availability, of funds, the USMS may provide funding for the payment of informants. However, all payments of informants utilising USMS funding shall comply with USMS policies and procedures concerning confidential iriformsnts and protected sources. 12. Use of Firearms and Deadly Force: All members of the D"1'h/RFTF shall comply with their agency's guidelines concerning the use of firearms and deadly force. Copies of all applicable firearms and deadly force policies shall be provided to the Task Force Chief and each concerned task force officer. 13. News Media: Press conferences,press releases, and other statements to the media concerning task force arrests and operations shall be coordinated among all participating Agencies. 14. Release of Liability: Each agency shall be responsible for the acts or omissions of its personnel. Participating agencies or officers shall not be considered as the agent of any other participating agency. Nothing herein is intended to waive or limit sovereign immunity under federal or state statutory or constitutional law. AGREEDH TO THIS DAY OF A `1 G " T2009 AUG 1 0 2009 Chi Jotin F. Timoney Ciof Miami Police. Deparftment Christina Pharo • U.S. Marshal Southern District of Florida United States Marshals Service U.S. Marshals Service/District Fugitive Task Force Memorandum of Understanding MOU Number SFL-09-003 CITI' OF MIAMI, a municipal Corporation of the State of Florida ATTEST: RISCILLA HOMPSON gj-/Y O / - � PEDRO G. HERNANDEZ CITY CLERK CITY MANAGER i' APPROVED AS TINSURANCE REQUIREMENT �� l ti I jiff LEEAI'TN BRE 2VI RISK MANAGEMENT APPROVED AS TO FORM AND CORRECTNES: JU°11;0.BRU�Q(,{� GI . Y ATTORNEY • C MOU Number: SFL-10-003 FISCAL YEAR 2010 MEMORANDUM OF UNDERSTANDING DISTRICT FUGITIVE TASK FORCE (FLORIDA REGIONAL FUGITIVE TASK FORCE) Memorandum of Understanding (MOU) between: City of Miami Police Department And United States Marshals Service The purpose of this MOU notice is to obligate funding for state and local overtime, pursuant to the Memorandum of Understanding (MOU) between the Marshals Service and Miami Police Depai anent for Fiscal Year 2010. Period of Performance: October 10, 2009 to September 30, 2010 n cox ri 6-rFiPsy 2010 Appropriation Data: FY 2010 D04 F 10F OC 2599 $70,000 Subject to Availability of Funds Overtime Compensation, Pay, and Benefits Reimbursement of overtime work shall be contingent upon the submission of a proper invoice which provides the names of the investigators ► incurred overtime for the District Fugitive Task Force during the period indicated a.ove. - ,umber of overtim- hours incurres; the hourly regular and overtime rates in effect for and t e to . cost. /,. Certification of Funds Available: MOU Authorization: Glen Wilner Assistant Chief Deputy , Southern District Of Date MAR 2 6 2010 Department epresentative Date Miguel A. xposito Chief of Police Memorandum of Understanding MOU Number SFL-10-003 United States Marshals Service CITY OF MIAMI, a municipal Corporation of the State of Florida ATTES T: a PRISCILLA T OIVIPSON(.17 CITY CLERK 3 f d CITY 'MANAGER CARIiO'S A. MIGOYA APPROVED/AS Tp INSURANCE APPROVED AS TO FORM AND REQUIREMENTS: CORRECTNESS: I � r UO14e2 LEEANN B' Hvi JULIE O. BRU RISK MANAGEMENT CITY ATTORNEY US- Department privatise United Stare Marshals Service Otte JOINT LAW EtVFC}RCLMENTOPEitATIONSTASK: ORCE:OBL1GATIONDOCUMENT ry —�.f�,1g� on li. ::FATE=11 0303. r• as lit, :E4.r.,,.s-7 1**.A'.`-i�•, Notification to state and local Agencies .- fund ng-novlded m suppoi .otiomt Law.Enforcement<Operations, pursuant to the Mecmordnaum of UndeistandmgiMO0 between. Y4tia riii , f.L Ponce. Department The hilted States Mitt bals Service;(USMS) Vehicle Quantity Total vehicle purchase: $0.00 "4OrE S259ov.,aikmccixr, bu'1✓1ar¢rJWStur,. . :Fist l'Year 3010 Omnit- ration :F 201.D FY: 2oi o TY:.201 D. AFT: 201D -TY 201D 2010 •1 .A3403 Zepierriber.30 ,.20 11 :Fnell)Vliintenance and Retrofitting Total,vellicic` l/inainta,apee and retrofit $0:00 -togrei awApuon_¢pc-r.eb;.`Ie;torfuel, rsnmrname" 'riSIL :SiANki�is:�llcn-^d'orrc Lie f rroutmm^_" .f"��wy� �.,�'JIYI; -;"-1 ..C:��, a�..'4r �':,'4r. �� 'Fund : :Project: -SOC `Purpose DollarAmouu t 042X t.1$eleef] .2570 Vehicle $0.00 5042aC ssei 607 : ` .Fueli intenance $0:00 5042X ;; 156164 2.544 Retrofit $0.00 :5042X [Setecil 2650 Radios $0.00 50.42X •TSelecij - 2178 Travel $0,00 ` i5ele4 2523. Training $0.00 .5042X 2651 'Equipment $0.00 5042X .7Selectj 5042X ;OLEO. 'IS 2599. Overtime , .$70,000.00 .Total Obligation .Amou $70,000.00 �.53•ar^ A 74i: i f DistrictlRFTF P.00: -Name: Phone: State/Local POC Name: Phone: ;Email: r!!W_iet '�ir.',�Y i!E'.Yit1Ye..��KALniy .45'�.��' "Tinsobligation .document serves as notification of funding pmviti 1p:st pportlaate and:local agencies pamcipat,ng in Joint Law Enforccmcnt.Operatiau subject to the :. ta. ,- �. cd upon:complcnon of paymaits under this obligation. :evailabt�ity of frrxis.The.Unitcd'Ststcs:Marshals.Sctvia' •. .: �� : A. tr• r" 10/07/2010 Certification of Funds: ��e's.a:.�`' ��r: s Dan Obligation Approval: Acl nowlcdgement 1Crrri USMS (A.-1Grph icfDep; or;BFTF 1Typeil Narne: Department Migue'1"A� xposito Chief of Police 10/07/2010 Data NOV 1 9 2010 Datt Form USM-607 Rev. 08/l0 U. S. Marshals Service Joint Law Enforcement Operations Task Force Obligation Document Obligation Number FATF-11-0303 CITY OF MIAMI, a municipal Corporation of the State of Florida ATTEST: PRISCILLA THOMPSON CITY CLERK CARIfi4;)S A. MIGOYA CITY MANAGER //7 APPROVED AS TO INSURANCE APPROVED AS TO FORM AND REQUIREMENTS: ( r CORRECTNESS: / /14 GARY RESHEFSI .Y JULIE O. BRU ElvA) RISK MANAGEMENT CITY ATTORNEY t; amps; nvoc' $51.84 363253 $321.61 363299 324140 3/14/2011 $52.78 363326 $462.39 $823.46 210136 $88.22 363327 (CR) $23.06 363254 324922 3/31/2011 $0.00 N/A $61.88 $61.88 325377 4/13/2011 $0.00 N/A $15.73 $15.73 $901.07 320351 12/7/2010 $28.05 355716 $159.93 $187.98 320552 12/10/2011 $0.00 N/A $80.03 $80.03 210137 323663 3/1/2011 $127.00 362329 $2.49 $129.49 $916.23 324308 3/17/2011 $49.52 363618 $76.72 $126.24 328452 6/29/2011 $16.00 N/A $376.49 $392.49 210138 N/A N/A $0.00 N/A $0.00 $0.00 211288 323342 2/22/2011 $323.84 361708 $242.76 $566.60 328605 7/5/2011 $16.32 N/A $395.92 $412.24 $0.00 $978.84 Total $2,796.14