HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM
File ID: #6487
Date: 09/11/2019
Commission Meeting Date: 10/24/2019
Requesting Department: Department of
Police
Sponsored By:
District Impacted: All
Type: Resolution
Subject: Execute - Memorandum of Agreement with United States ATF
Purpose of Item:
A Resolution of the Miami City Commission, with attachment(s), authorizing the City
Manager to execute a Memorandum of Agreement with the United States Department
of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives ("ATF"), in
substantially the attached form, for the Miami Police Department's ("MPD") participation
on their task force, at a reimbursable overtime cost of $18,649.00 per officer, for up to
twelve (12) officers, for a total of $243,853.37, of which $20,065.37 is non -reimbursable
and will be absorbed by the MPD General Fund Operating Budget; further authorizing
the City Manager to designate the Chief of Police to execute any and all other
necessary documents, all in a form acceptable to the City Attorney, in order to
implement the acceptance of said reimbursement funds.
Background of Item:
ATF Task Force and the City of Miami ("City") desire to enter into a Memorandum of
Agreement authorizing the participation of MPD sworn member(s) on the ATF Task
Force. Under provision Title 28, U.S.C., Section 524(c), the Department of Justice
provides for the reimbursement of certain expenses incurred as participants in joint
operations/task forces. The reimbursement of overtime costs and other expenses is
contingent upon prior approval from ATF, including but not limited to travel, fuel,
training, and equipment, incurred by the Miami Police Department while assisting ATF
in joint law enforcement operations. Payments may be made to the extent that they are
included in ATF's Fiscal Year Plan, and the monies are available to satisfy the requests
for reimbursable overtime and other costs. The City remains fully responsible for their
obligations to officers assigned to the task force for the payment of the overtime
earnings, withholdings, insurance coverage, and all other requirements by law or
contract regardless of the reimbursable overtime charges incurred. The General Fund
Operating Budget will continue to fund the salary and the non -reimbursable expenses of
the officers. it would be appropriate for the City Manager to accept the reimbursement of
funds and establish a New Special Revenue Project for the appropriation of said
reimbursement. This MOA is effective until September 30, 2024.
Budget Impact Analysis
Item is Related to Revenue
Item is an Expenditure
Item is NOT funded by Bonds
Total Fiscal Impact:
$243,853.37
General Account No: 00001.191001.521000 (Amount, non -reimbursable) -- $ 20,065.37
Special Revenue Account No: 12000.191001.469000 (Grant amount, reimbursable) -
$223,788.00
Department of Police
Department of Police
Department of Police
Office of Management and Budget
Office of Management and Budget
Legislative Division
City Manager's Office
Office of the City Attorney
Office of the City Attorney
Office of the City Attorney
City Commission
Office of the Mayor
Office of the City Clerk
Office of the City Clerk
Reviewed B
Jorge Blanco
Ronald Papier
Ronald Papier
Luis Hernandez -Torres
Christopher M Rose
Valentin J Alvarez
Nikolas Pascual
Juan Carlos Perez
Barnaby L. Min
Victoria Mendez
Maricarmen Lopez
Mayor's Office
City Clerk's Office
City Clerk's Office
Initial Police Review
Police Chief Review
Department Head Review
Budget Analyst Review
Budget Review
Legislative Division Review
City Manager Review
ACA review
Deputy City Attorney Review
Approved Form and Correctness
Meeting
Completed
Completed
Completed
Completed
Completed
Completed
Completed
Completed
Completed
Completed
Completed
Unsigned by the Mayor Completed
Signed and Attested by the City Clerk Completed
Rendered Completed
09/25/2019 10:29 AM
10/06/2019 7:36 PM
10/06/2019 7:36 PM
10/08/2019 9:15 AM
10/08/2019 2:40 PM
10/08/2019 3:14 PM
10/08/2019 3:17 PM
10/10/2019 5:22 PM
10/10/2019 8:41 PM
10/11/2019 4:46 PM
10/24/2019 9:00 AM
11/04/2019 6:00 PM
11/04/2019 6:43 PM
11/04/2019 6:43 PM
City of Miami
Legislation
Resolution
Enactment Number: R-19-0402
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 6487 Final Action Date:10/24/2019
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF
AGREEMENT WITH THE UNITED STATES DEPARTMENT OF JUSTICE, BUREAU
OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES ("ATF"), IN
SUBSTANTIALLY THE ATTACHED FORM, FOR THE MIAMI POLICE
DEPARTMENT'S ("MPD") PARTICIPATION ON THEIR TASK FORCE, AT A
REIMBURSABLE OVERTIME COST OF $18,343.75 PER OFFICER, FOR UP TO
TWELVE (12) OFFICERS, FOR A TOTAL OF $243,853.37, OF WHICH $20,065.37 IS
NON -REIMBURSABLE AND WILL BE ABSORBED BY THE MPD GENERAL FUND
OPERATING BUDGET; FURTHER AUTHORIZING THE CITY MANAGER TO
DESIGNATE THE CHIEF OF POLICE TO EXECUTE ANY AND ALL OTHER
NECESSARY DOCUMENTS, ALL IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, IN ORDER TO IMPLEMENT THE ACCEPTANCE OF SAID
REIMBURSEMENT FUNDS.
WHEREAS, the United States Department of Justice ("DOJ"), Bureau of Alcohol,
Tobacco, Firearms and Explosives ("ATF") Task Force and the City of Miami ("City") desire to
enter into a Memorandum of Agreement ("MOA") authorizing the participation of Miami Police
Department ("MPD") sworn member(s) on the ATF Task Force; and
WHEREAS, under provision Title 28, U.S.C., Section 524(c), the DOJ provides for the
reimbursement of certain expenses incurred as participants in joint operations/task forces; and
WHEREAS, the reimbursement of overtime costs and other expenses is contingent upon
prior approval from ATF, including but not limited to travel, fuel, training, and equipment incurred
by the MPD while assisting ATF in joint law enforcement operations; and
WHEREAS, payments may be made to the extent that they are included in ATF's Fiscal
Year Plan and the monies are available to satisfy the requests for reimbursable overtime and
other costs; and
WHEREAS, the City remains fully responsible for its obligations to officers assigned to
the ATF Task Force, for the payment of the overtime earnings, withholdings, insurance
coverage, and all other requirements by law or contract regardless of the reimbursable overtime
charges incurred; and
WHEREAS, the General Fund Operating Budget will continue to fund the salary and the
non -reimbursable expenses of the officers; and
WHEREAS, it would be appropriate for the City Manager to accept the reimbursement of
funds and establish a New Special Revenue Project for the appropriation of said
reimbursement; and
WHEREAS, this MOA is effective until September 30, 2024;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. The City Manager is authorized' to execute a MOA, in substantially the
attached form, with the DOJ, ATF for the reimbursement of overtime salary costs for MPD's
participation associated with the ATF Task Force.
Section 3. The City Manager is further authorized' to designate the Chief of Police to
execute any and all other necessary documents, all in a form acceptable to the City Attorney, in
order to implement the acceptance of any reimbursement funds.
Section 4. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.2
APPROVED AS TO FORM AND CORRECTNESS:
ndez, ity Attor ey 10/11/2019
1 The herein authorization is further subject to compliance with all requirements that may be imposed by
the City Attorney, including but not limited to, those prescribed by applicable City Charter and City Code
provisions.
2 If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days
from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective
immediately upon override of the veto by the City Commission.