Res. No. 010-03-11559RESOLUTION NO.1 0-03-11 559
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI,FLORIDA AUTHORIZING
THE SOUTH MIAMI POLICE DEPARTMENT TO ENTER INTO
A MEMORANDUM OF UNDERSTANDING WITH THE
UNITED STATES SECRET SERVICE.
WHEREAS,theSouthMiamiPoliceDepartment,fromtimetotimeengagesin
law enforcement activities with the United States Secret Service;and
WHEREAS,theSecretServiceisempoweredby 31 USC9703toreimbursethe
PoliceDepartmentforexpensesincurred;and
WHEREAS,reimbursement mayonlyoccurwhenavalidMemorandum of
Understanding isin place;and
WHEREAS,this Memorandum is renewed each year;and
NOW,THEREFORE,BEITRESOLVEDBYTHEMAYORANDCITY
COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA;
Section 1.ThePoliceDepartmentisherebyauthorizedtoenterintoa
memorandum of understandingwiththeUnitedStatesSecretService.
Section 2.That this resolution beeffectiveimmediately after adoption hereof.
PASSED AND ADOPTED this21stday of January 2003.
ATTEST:APPROVED:
g&MMl w^u ^
CITY CLERK
READ AND APPROVED AS TO FORM:
<^?/^^/4a-
CITY ATTORNEY T
Commission Vote:
Mayor Feliu:
Vice Mayor Russell:
Commissioner McCrea:
Commissioner Bethel:
Commissioner Wiscombe:
CITY OF SOUTH MIAMI
POLICE DEPARTMENT
INTER-OFFICE MEMORANDUM
TO:Honorable Mayor,ViceMayor Date:January 10,2003
and City Commission
dFROM:Sanford Youkilis,^)Re:Agenda Item #
Interim City Manager V^Y Coram.Mtg 01/21/03jQ\f Memorandum of Understanding
'with the United States Secret
Service
REQUEST
A RESOLUTION OFTHE MAYOR ANDCITY COMMISSION OF THE CITYOF
SOUTH MIAMI,FLORIDA AUTHORIZING THE SOUTH MIAMI POLICE POLICE
DEPARTMENT TO ENTER INTOA MEMORANDUM OF UNDERSTANDING
WITH THE UNITED STATES SECRET SERVICE.
BACKGROUND AND ANALYSIS
TheSouth Miami Police Department has participated in various Federal law enforcement
programs for more than 15 years.Working with the Drug Enforcement Administration,the
Bureau of Alcohol,Tobacco and Firearms,the United States Customs Service andother
entities,many successful prosecutionshave occurred.
TheUnitedStatesSecretServiceextendedaninvitationtothePolice Department toparticipate
intheMiamiElectronicCrimesTaskForce.Overtimeandexpensesarereimbursed.Thefull
resources ofthe Secret Service andthe Task Force areat our disposal.
Insomeinstancesassetshavebeenseizedandsubsequentlyforfeitedwiththeproceedsbeing
shared amongst the agencies who contributed time,effort and resources tothe case.Over time
this has been a substantial contribution to the law enforcement effort in South Miami.
ThedocumentreferredtointhisresolutionwillallowthePolice Department tocontinueto
engageintheseendeavors.Itisarenewal of an existing document.
RECOMMENDATION
Your approval is recommended.
CS/gffsh
MEMORANDUM OF UNDERSTANDING
BETWEEN THE SOUTH MIAMI POLICE DEPARTMENT
AND
THE UNITED STATES SECRET SERVICE
TheSouthMiami Police Department andthe United States Secret Service (USSS)enter
intothis memorandum of understanding (MOU),which becomes effective withthe
signatures of both parties and remains in effect until terminated bythe mutual agreement
ofthe South Miami Police Department andthe USSS orupon30day written notice by
eitherpartytothisagreement.
I.AUTHORITY
This MOU is established pursuant to provisions ofthe Treasury Forfeiture Fund Act of
1992,31 USC9703,as amended.Thisact established the Department of the Treasury
Forfeiture Fundand authorized the payment of certain overtime expenditures,travel,fuel,
training,equipment and other similar costs of State and Local law enforcement officers,
thatare involved injoint operations,witha Department ofthe Treasury law enforcement
organization,as prescribed in 31 USC 9703 (a)(l)(I)(hereinafter "overtime costs and
other expenses").
n.PURPOSE
This MOU establishes the procedures and responsibilities of boththeSouth Miami Police
Department and the USSS for the reimbursement of certain overtime costs and other
expensespursuantto31USC9703.
HI.CONDITIONS AND PROCEDURES
The partiesagreetothefollowingconditions:
(a)The South Miami Police Department may request reimbursement of payment of
overtime costsandother expenses directly relatedtowork performed byits
officer(s)assigned toassisttheU.S.Secret Service'sMiami Electronic Crimes
TaskForceinconductingofficial investigations.TheSouthMiamiPolice
Department will submit all requests for reimbursement payments,together with
appropriate documentation,tothe U.S.Secret Service's Miami Electronic Crimes
TaskForce Supervisor.Requestfor reimbursement willbebasedsolelyupon
overtime worked and other expenses performed on behalf ofthe U.S.Secret
Service Miami Electronic Crimes Task Force.
(b)All reimbursement hours of overtimecostsandallotherexpensescoveredunder
thisMOUmustbeapprovedandcertifiedbytheU.S.SecretServiceTaskForce
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)Financial
Crimes Division,Office of Investigations,tothe Treasury Forfeiture Fund's
payment agent,theU.S.Customs National Finance Center (NFC).
(d)During the period of assignment to the Miami Electronic Crimes Task Force,the
South Miami Police Department will remain responsible for establishing the
salary and benefits,including overtime ofthe officer(s)assigned tothe Task
Force and making all payments due them.Reimbursement under this MOU is
contingent upon the availability ofmandatory funds allocated totheU.S.Secret
Service through the Department ofthe Treasury Forfeiture fund.
(e)The South Miami Pohce Department shall permit and have readily available for
examination and auditing bytheU.S.Secret Service,the Department ofTreasury,
the Comptroller ofthe United States,and any oftheir 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 ofthree(3)years,whicheveris sooner.
(f)Payments may be made to the extent they are included inthe U.S.Secret Service
Fiscal Year Planandthe monies areavailable within theDepartment of Treasury
Forfeiture Fund tosatisfythe request(s)for reimbursable expenses.It should also
beunderstoodthatthetotal amount(s)made available totheU.S.SecretService
through the Department ofthe Treasury Forfeiture Fund,for reimbursement tothe
SouthMiamiPohceDepartment,couldchangeatanytime.
(g)Pursuant tothe Treasury Executive Office for Asset Forfeiture (TEOAF)directive
number 18,the maximum reimbursement entitlement forovertimecoststoany
onelaw enforcement official cannot exceed thirteen-thousand ($13,000.00)
dollarsduringthefiscalyear.
(h)Thisdocumentdoesnot obligate funds.Funding authority willbe provided
through other documents.
(i)The South Miami Police Department shall provide the U.S.Secret Service within
10 days ofthe signing ofthis 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
institutionwheretheSouthMiami Police Department wantsthe Electronic Funds
transfer (EFT)payment deposited for the reimbursement of overtime salary costs.
Failure to provide this information within the prescribed period oftimewill
nullify this MOU agreement.
IV.REVISIONS
The terms ofthis MOU maybe amended upon the written approval of boththe South
Miami Police Department and the U.S.Secret Service.Such amendment is effective
uponthedate of approval.
U.S.Secret Service South Miami Police Department
Miami Field Office
S AIC FrankD.Estrada Cokes Watson,Chief of Police
Date:Date:
(Acting)SAIC Timothy J.Caddigan
U.S.Secret Service,Office of Investigation
Financial Crimes Division
Date: