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HomeMy WebLinkAboutAgenda Item Summary Form1IVF rVG s O.• �'� F{` 3 AGENDA ITEM SUMMARY FORM File ID: #6487 oR ti9 Date: 09/11/2019 Requesting Department: Department of Police Commission Meeting Date: 10/24/2019 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. Backaround 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. Budaet Impact Analvsis 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 Reviewed By Department of Police Jorge Blanco Department of Police Ronald Papier Department of Police Ronald Papier Office of Management and Budget Luis Hernandez -Torres Office of Management and Budget Christopher M Rose Legislative Division Valentin J Alvarez City Manager's Office Nikolas Pascual Office of the City Attorney Juan Carlos Perez Office of the City Attorney Barnaby L. Min Office of the City Attorney Victoria Mendez City Commission Maricarmen Lopez Office of the Mayor Mayor's Office Office of the City Clerk City Clerk's Office Office of the City Clerk City Clerk's Office Initial Police Review Completed 09/25/2019 10:29 AM Police Chief Review Completed 10/06/2019 7:36 PM Department Head Review Completed 10/06/2019 7:36 PM Budget Analyst Review Completed 10/08/2019 9:15 AM Budget Review Completed 10/08/2019 2:40 PM Legislative Division Review Completed 10/08/2019 3:14 PM City Manager Review Completed 10/08/2019 3:17 PM ACA review Completed 10/10/2019 5:22 PM Deputy City Attorney Review Completed 10/10/2019 8:41 PM Approved Form and Correctness Completed 10/11/2019 4:46 PM Meeting Completed 10/24/2019 9:00 AM Unsigned by the Mayor Completed 11/04/2019 6:00 PM Signed and Attested by the City Clerk Completed 11/04/2019 6:43 PM Rendered Completed 11/04/2019 6:43 PM File Number: 6487 City of Miami Legislation Resolution Enactment Number: R-19-0402 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com 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: 1 i'I ria i "ndez, Cifty Attor ey ___) 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.