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Home My WebLink AboutExisting Overtime Reimbursement AgrmtEXISTING OVERTIME REIMBUI..,i MENT AGREEMENT MEMORANDUM OF UNDERSTANDING DISTRICT FUGITIVE TASK FORCE (DTF) South Florida Fugitive Apprehension Strike Team CS/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 General 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\40U 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 30 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 performance. 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 invoice within 30 days after the close of the quarter will preclude reimbursement for the overtime incurred within the 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 law enforcement officers assigned to the task force. The current task force, if applicable, will be integrated within the DTF/RFTF to formulate a joint task force with a greater scope of responsibility and wider area of coverage. MOU Number: SFL-09-05/(" FISCAL YEAR 2009 MEMORANDUM OF UNDERSTANDING DISTRICT FUGITIVE TASK FORCE (FLORIDA REGIONAL FUGITIVE TASK FORCE) Memorandum of Understanding (MOU) between: 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 Department for Fiscal Year 2009. Period of Performance: December 11, 2008 to September 30, 2009 2009 Appropriation Data: FY 2009 0324A D04 FWF2010F OC 2599 $9,000 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 who incurred overtime for the District Fugitive Task Force during the period indicated above. - number of overti - hours incurred;he hourly regular and overtime rates in effect for ebh 'nv s :a or, and 'e . al cost. / Certification of Funds Available: /`i ,' �� . ve eleine Riv; D strict Admin Officer , MOU Authorization: Glen Wilner Assistant Chief Deputy Southern District Of Florida Date Y/I0 (0 Department Representative Date 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/RFTF 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 DTF/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 concemed state or local agency. 10. Travel: Task force personnel may be required to travel outside of the jurisdiction to which they are normally 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 utilizing USMS funding shall comply with USMS policies and procedures concerning confidential informants and protected sources. 12. Use of Firearms and Deadly Force: All members of the DTF/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. AGREED TO THIS H DAY OF A ' G ,�2009 Kr Chif Jo F. Timoney City of Miami Police Deparjtment AUG 1 0 2009 . R-e_ v. E P ✓ r r 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 CITY OF MIAMI, a municipal Corporation of the State of Florida ATTEST: At/ RISCILLA HOMPSON e--/f-oyPEDRO G. HERNANDEZ CITY CLERK CITY MANAGER i i APPROVED AS TAD INSURANCE REQUIREMENT : : LEEANN BRE k RISK MANAGEMENT APPROVED AS TO FORM AND COR.RECTNE S : (frA.-`-) JU°IEO.BRUL{� OI j Y ATTORNEY