HomeMy WebLinkAboutExhibitMEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF MIAMI POLICE DEPARTMENT
AND
THE UNITED STATES SECRET SERVICE
The City of Miami Police Department and the United States Secret Service (USSS) enter
into this memorandum of understanding (MOU), which becomes effective with the
signatures of both parties and remains in effect until terminated by the mutual agreement
of the City of Miami Police Department and the USSS or upon 30 day written notice by
either party to this agreement.
I. AUTHORITY
This MOU is established pursuant to provisions of the Treasury Forfeiture Fund Act of
1992, 31 USC 9703, as amended. This act established the Department of the Treasury
Forfeiture Fund and authorized the payment of certain overtime expenditures, travel, fuel,
training, equipment and other similar costs of State and Local law enforcement officers,
that are involved in joint operations, with a Department of the Treasury law enforcement
organization, as prescribed in 31 USC 9703 (a)(1)(I)(hereinafter "overtime costs and
other expenses").
IL PURPOSE
This MOU establishes the procedures and responsibilities of both the City of Miami
Police Department and the USSS for the reimbursement of certain overtime costs and
other expenses pursuant to 31 USC 9703.
III. CONDITIONS AND PROCEDURES
The parties agree to the following conditions:
(a) The City of Miami Police Department may request reimbursement of payment of
overtime costs and other expenses directly related to work performed by its
officer(s) assigned to assist the U.S. Secret Service's Miami Electronic Crimes
Task Force in conducting official investigations. The City of Miami Police
Department will submit all requests for reimbursement payments, together with
appropriate documentation, to the U.S. Secret Service's Task Force Supervisor.
Request for reimbursement will be based solely upon overtime worked and other
expenses performed on behalf of the U.S. Secret Service Miami Electronic
Crimes Task Force.
(b) All reimbursement hours of overtime costs and all other expenses covered under
this MOU must be approved and certified by the U.S. Secret Service Task Force
supervisor. The reimbursable overtime payments will be based upon the actual
hourly overtime rate, exclusive of matching employer contributions for any taxes
or benefits.
(c) The U.S. Secret Service Task Force supervisor will forward all approved
reimbursement requests through the Special Agent in Charge (SAIC) Asset
Forfeiture Division, Office of Investigations, to the Treasury Forfeiture Fund's
payment agent, U.S. Customs National Finance Center (NFC).
(d)
(f)
(g)
During the period of assignment to the Miami Electronic Crimes Task Force, the
City of Miami Police Department will remain responsible for establishing the
salary and benefits, including overtime of the officer(s) assigned to the Task
Force and making all payments due them. Reimbursement under this MOU is
contingent upon the availability of mandatory funds allocated to the U.S. Secret
Service through the Department of the Treasury Forfeiture fund.
(e) The City of Miami Police Department shall permit and have readily available for
examination and auditing by the U.S. Secret Service, the Department of Treasury,
the Comptroller of the United States, and any of their duly authorized agents and
representatives, any and all records, documents, accounts, invoices, receipts or
expenditures relating to this agreement. They shall maintain all such records and
reports until all audits and examinations are completed and resolved, or for a
period of three (3) years, which ever is sooner.
Payments may be made to the extent they are included in the U.S. Secret Service
Fiscal Year Plan and the monies are available within the Department of Treasury
Forfeiture Fund to satisfy the request(s) for reimbursable expenses. It should also
be understood that the total amount(s) made available to the U.S. Secret Service
through the Department of the Treasury Forfeiture Fund, for reimbursement to the
City of Miami Police Department, could change at any time.
Pursuant to the Treasury Executive Office for Asset Forfeiture (TEOAF) directive
number 18, the maximum reimbursement entitlement for overtime costs to any
one law enforcement official cannot exceed fifteen -thousand ($15,000.00) dollars
during the fiscal year.
(h) This document does not obligate funds. Funding authority will be provided
through other documents.
(i)
The City of Miami Police Department shall provide the U.S. Secret Service within
10 days of the signing of this MOU, with their agency's mailing address, contact
name, telephone number and tax identification number. Further, this agency must
provide the name, account number and ABA routing number of the financial
institution where the City of Miarni Police Department wants the Electronic
Funds transfer (EFT) payment deposited for the reimbursement of overtime salary
costs. Failure to provide this information within the prescribed period of time will
nullify this MOU agreement.
IV. REVISIONS
The terms of this MOU may be amended upon the written approval of both the City of
Miami Police Department and the U.S. Secret Service. Such amendment is effective
upon the date of approval.
U.S. Secret Service City of Miami Police Department
Miami Field Office
SAIC Brian Swain Chief/Commissioner/Sheriff or
Designee
Date: Date:
U.S. Secret Service, Office of Investigation
Criminal Investigations Division
SAIC
Date:
United States Secret Service
Memorandum of Understanding
CITY OF MIAMI, a Florida Municipal Corporation
By: Date:
Daniel J. Alfonso, City Manager
Attest:
By: Date:
Todd B. Hannon, City Clerk
Approved as to Form and Correctness:
By: Date:
Victoria Mendez, City Attorney
Approved as to Insurance Requirements:
By: Date:
Ann -Marie Sharpe, Director of
Risk Management