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HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM File ID: #16727 Date: 09/30/2024 Commission Meeting Date: 11/21/2024 Requesting Department: Department of Police Sponsored By: District Impacted: All Type: Resolution Subject: Execute Memorandum Agrmt - ATF for OT Reimbursement Purpose of Item: A Resolution of the Miami City Commission, with attachment(s), establishing a new Special Revenue Project titled: "ATF Task Force;" 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") continued participation on their task force, at a reimbursable overtime cost of $20,707.50 per officer, for up to four (4) officers, fora total of $95,363.15, of which $12,533.15 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 forms acceptable to the City Attorney, in order to implement the acceptance and administration of, and compliance with, said Memorandum of Agreement. Background of Item: ATF Task Force and the City of Miami ("City") desire to enter into a Memorandum of Agreement authorizing the continued 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, 2029. Budget Impact Analysis Item is NOT Related to Revenue Item is an Expenditure Item is NOT funded by Bonds Total Fiscal Impact: Total Fiscal Impact: $95,363.15 General Account No: 00001.191001.521000 (Amount, non -reimbursable) $12,533.15 Special Revenue Account No: 12000.191001.469000 (Grant Amount reimbursable) $82,830.00 Department of Police Department of Police Office of Management and Budget Office of Management and Budget City Manager's Office Legislative Division 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 Manuel Morales Luis Hernandez -Torres Marie Gouin Arthur Noriega V Valentin J Alvarez Juan Carlos Perez George K. Wysong III Maricarmen Lopez Mayor's Office City Clerk's Office City Clerk's Office Initial Police Review Completed 10/17/2024 10:52 AM Department Head Review Completed 10/21/2024 9:42 AM Budget Analyst Review Completed 10/21/2024 10:17 AM Budget Review Completed 10/21/2024 12:06 PM City Manager Review Completed 10/21/2024 1:43 PM Legislative Division Review Completed 10/23/2024 12:01 PM ACA Review Completed 11/12/2024 11:06 AM Approved Form and Correctness Completed 11/12/2024 5:11 PM Meeting Completed 11/21/2024 9:00 AM Signed by the Mayor Completed 11/27/2024 1:50 PM Signed and Attested by the City Clerk Completed 11/27/2024 2:16 PM Rendered Completed 11/27/2024 2:16 PM City of Miami Legislation Resolution Enactment Number: R-24-0440 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 16727 Final Action Date:11/21/2024 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE PROJECT TITLED "ATF TASK FORCE"; 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 IN THE ATF TASK FORCE, AT A REIMBURSABLE OVERTIME COST OF $20,707.50 PER OFFICER, FOR UP TO FOUR (4) OFFICERS, FOR A TOTAL OF $95,363.15, OF WHICH $12,533.15 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, Bureau Of Alcohol, Tobacco, Firearms And Explosives ("ATF") Task Force and the City of Miami ("City") desire to enter into a Memorandum of Agreement authorizing the continued 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 Department of Justice 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 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; and WHEREAS, the General Fund Operating Budget will continue to fund the salary and the non -reimbursable expenses of the officers; and WHEREAS, this MOA is effective until September 30, 2029; 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 following new Special Revenue Project is established, and resources are appropriated as described below: FUND TITLE: ATF Task Force RESOURCES: U.S. Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives $95,363.15 APPROPRIATIONS: ATF Task Force $95,363.15 Section 3. The City Manager is authorized' to execute a Memorandum of Agreement, with the United States Department of Justice, ATF, for the reimbursement of overtime salary costs for MPD's participation associated with ATF Task Force, in a form acceptable to the City Attorney. Section 4. 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 5. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: ge . Wyng Ilf, C y ttor' -y 11/12/2024 1 The herein authorization is further subject to compliance with all legal requirements that may be imposed, including but not limited to those prescribed by applicable City Charter and City Code provis ions. 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 of Miami Commission.