Fort Walton Beach Council agenda — 01-13-09 regular agenda — reading text

00 in total. Again, such reimbursements are contingent upon proper invoicing procedures. The MOU provides agreement between FWBPD and USMS for participation in the Marshals District Task Force ( DTF) and agreement that direction and coordination for the DTF will be the responsibility of the USMS Task Force Chief. The MOU also provides that the FWBPD will have a representative on the Task Force Advisory Committee. It also permits for vehicles, equipment, credentials or other items to be issued to FWBPD personnel, who are assigned to the Task Force, and requires the return A- 3  of same upon termination of the Task Force or departure of the personnel. The specific equipment is not identified or enumerated and, therefore, no specific value is known. The MOU provides that FWBPD members, assigned to the DTF, will be governed by and shall comply with FWBPD policies concerning the use of firearms and deadly force. The parties agree to be governed by USMS procedures for various policies and procedures. The Fort Walton Beach Police Department has participated in this program with the United States Marshals Service for more than seven years, since October, 2001. Discussion: A review of the previous MOU document by the Fort Walton Beach City Attorney determined that it contains provisions which require Council approval and authorization by Council for the Chief of Police to sign it. This is a replacement MOU, because all previous editions have expired. A newly numbered appropriations document is to be executed concurrently with the operational MOU to reflect agreement on the maximum amount of reimbursement during the fiscal year. Conclusion: It is in the best interest of the City of Fort Walton Beach and its citizens for the police department to work well with other law enforcement agencies, including the United States Marshals Service. It is prudent to have a current Memorandum Of Understanding ( MOU), to guide the actions of the various agencies as they work together, and an executed appropriations / reimbursement agreement therefor. Recommendation: I recommend that: 1. Council approve the perpetual operational Memorandum of Understanding with the United States Marshals Service and authorize the Police Chief to execute the document. 2. Council approve the Fiscal Year 2009 appropriations document, set at a maximum of $ 30, 000. 00, and authorize the Police Chief to execute the document. Prepared and Respectfully Submitted by: 31 / 2008 Ted Litschauer, Police Chief Date Reviewed and Concur: 2009 J e SljanaharT, ity Manager D to Attachments: Memorandum Of Understanding; Appropriations document number VFTF -09 -1706 2  MOU Number: ' VFTF -09 -1706 FISCAL YEAR 2009 MEMORANDUM OF UNDERSTANDING FLORIDA REGIONAL FUGITIVE TASK FORCE Memorandum of Understanding (MOU) between: Fort Walton Beach Police Department And United States Marshals Service The purpose of this MOU notice is to obligate funding for state and local overtime, pursuant to the Memorandum of Understanding ( MOU) between the Marshals Service and Fort Walton Beach Police Department for Fiscal Year 2009. Period of Performance: October 1, 2008 to September 30, 2009 2009 Appropriation Data: FY 2009 0324A D17 FWF201 OF OC 2599 $ 30, 000. Subject to Availability of Funds. Funds will be reviewed quarterly by the Assistant Chief Deputy and adjustments will be made accordingly. Overtime Compensation, Pay, and Bene ats Reimbursement of overtime work shall be contingent upon the submission of a proper invoice which shall be submitted on a quarterly basis, and which provides the names of the investigators who incurred overtime for the Fugitive Task Force during the quarter; the number of hours incurred; the hourly regular and overtime rates in effect for each investigator, and the total quarterly cost. Certification of Funds Available: Jan Bell Date Administrative Officer MOU Authorization: Frank Chiumento, Date Assistant Chief Deputy Department Representative . Date  MEMORANDUM OF UNDERSTANDING Florida Regional Fugitive Task Force (RFTF) This Memorandum of Understanding ( MOU) is entered into by the Fort Walton Beach Police Department and the United States Marshals Service ( USMS) pursuant to the Presidential Threat Protection Act of 2000 ( Public L. 106 -544, § 6, December 19, 2000, 114 Stat. 2718, 28 U.S. C. § 566 note). The Presidential Threat Protection Act of 2000 provides that, " the Attorney General shall, upon consultation with appropriate Department of Justice and Department of the Treasury law enforcement components, establish permanent Fugitive Apprehension Task Forces consisting of Federal, State, and local law enforcement authorities in designated regions of the United States, to be directed and coordinated by the United States Marshals Service, for the purpose of locating and fugitives. Terms and Conditions 1. Period of Performance: This MOU will be automatically renewed annually based on written notification from the USMS, on or about October 1 of each new fiscal year. Participating agencies may withdraw their participation after providing 30 days advance written notice to the Assistant Chief Deputy or Task Force Coordinator. 2. Overtime Reimbursement: Should funds be available, the USMS shall reimburse your organization for overtime hours. If overtime is compensated, the agency must submit within 30 days after receipt a fully executed MOU. Reimbursement of overtime work shall be consistent with the Fair Labor Standards Act. Overtime per law enforcement officer is capped at no more than $ 15, 572 per year. Reimbursement of overtime shall be contingent upon the submission of a proper invoice on a quarterly basis within 30 days after the close of the quarter. The fiscal year quarterly billing periods are Oct -Dec, Jan- March, April -June, and July- September. Failure to submit a proper invoice within 30 days after the close of the quarter will preclude reimbursement for the overtime incurred within the quarter. A proper invoice identifies the agency name, address and MOU number (VFTF -09 -1706 for FY09), as well as the names of the investigators who incurred overtime for the task force during the quarter. The invoice should reflect the number of overtime hours incurred; the hourly regular and overtime rates in effect for each investigator, and the total quarterly cost. The invoice should be submitted to the Assistant Chief Deputy, who will review the invoice, stamp and sign indicating that services were received and that the invoice is approved for payment; and forward to USMS District Headquarters for processing. Documentation supporting the summary level quarterly invoice will be maintained by the Administrator Officer, and only the summary level quarterly invoice will be forwarded to USMS Headquarters. Task Force Coordinators are responsible for scheduling the duty hours of the personnel assigned to their group, subject to the supervision of the Assistant Chief Deputy and the availability of overtime compensation. Agencies will receive a purchase order or financial MOU specifying the amount of overtime available and the dates for which the overtime is allotted. 3. Personnel and Supervision: The Florida Regional Fugitive Task Force ( FRFTF) will consist of law enforcement and administrative personnel from federal, state, and local law enforcement agencies. Each participating agency may agree to assign at least one full -time law enforcement officer to the task force. Other law enforcement officers may assist with task force operations as necessary. Direction and coordination of the FRFTF shall be the responsibility of the USMS Task Force Coordinator. Subject to the needs of the FRFTF, participating agencies may assign supervisory personnel to serve as group supervisors within the task force. Each group supervisor will be responsible for the operational supervision of a multi- agency group of federal, state, and local law enforcement officers assigned to the task force. The current task force, if applicable, will be integrated within the FRFTF to formulate a joint task force with a greater scope of responsibility and wider area of coverage. Administrative matters which are internal to the participating agencies remain the responsibility of the respective agencies. Furthermore, each agency retains responsibility for the conduct of its personnel. 4. Task Force Advisory Committee: A Task Force Advisory Committee, consisting of representatives of each participating agency, shall meet and confer as necessary to review and address issues concerning the FRFTF. 5. Vehicles and Equipment: Any vehicles, equipment, credentials, or other items issued to task force personnel by the USMS shall remain the property of the USMS at all times. Government vehicles shall be used only for official purposes and solely for use in the performance of the task force duties. They shall not be used for transportation between residence and place of employment. All vehicles and equipment must be returned to the USMS upon termination of the task force or the departure of any task force personnel. Any other equipment used by or assigned to task force officers will remain the property of the agency issuing the equipment and will be returned to that specific agency upon termination of the task force or upon agency request. Pending the availability of funding, each participating agency agrees to furnish one vehicle for use by the task force for each law enforcement officer assigned to the task force (unless a USMS owned or leased vehicle is assigned to the officer). Each agency is responsible for the fuel, maintenance, and other expenses associated with the use of its vehicles. Pending the availability of funds and equipment, the USMS will issue USMS radios to each task force officer. Each participating agency agrees to provide mobile and /or handheld radio equipment capable of communicating on their law enforcement radio network. Pending the availability of funds, the USMS will furnish cellular telephones to be used for official FRFTF business. 6. Background Investigations and Special Deputation: Personnel assigned to the task force may be required to undergo background investigations in order to be provided access to USMS offices, records, and computer systems. In the event that such background investigations are