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Resolution: R-19-0402
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
City of Miami Page 1 of 2 File ID: 6487 (Revision:) Printed On: 11/12/2019
File ID: 6487 Enactment Number: R-19-0402
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
i ria i ndez, City ,yttor.iey ___) 10/11/2019
' 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.
City of Miami Page 2 of 2 File ID: 6487 (Revision:) Printed on: 1111212019