Fort Walton Beach Council agenda — 10-28-08 regular agenda — reading text

Service ( USMS) for the Northern District of Florida. The U. S. Marshals Service provides the MOU for signature by the Chief Law Enforcement Officer of the jurisdiction, which in our case is the Chief of Police. The United States Marshals Service, utilizing the two members of the Fort Walton Beach Police Department assigned to it, conducted a clandestine operation ( Operation Orange Crush). Although the operation has been completed, the attached copy of the MOU document was sent to our office for my signature. Overtime wages accrued by our officers will be reimbursed by the USMS under this MOU. Discussion: The Memorandum Of Understanding was prepared, and furnished, to the Fort Walton Beach Police Department by the United States Marshals Service. At this point, it is a confirmation document only, inasmuch as the operation has been completed. The execution of MOU documents for confidential law enforcement operations are difficult and untimely, because the City of Fort Walton Beach City Council authorization for execution is a public matter) while such operations are confidential and Jaw enforcement sensitive. Conclusion: Although the operation has been completed, the United States Marshals Service still demands an executed copy of the Memorandum Of Understand for file, before reimbursing the City for overtime expenses. Recommendation: I respectfully request that Council approve this Memorandum of Understanding with the United States Marshals Service regarding, Operation Orange Crush - 2008, and authorize the Police Chief to sign it. Thank you. This Staff Report Memorandum is respectfully submitted. Prepared and Submitted by: J lJ6/ 2008 l! Ted Litschauer, Police Chief Date Reviewed and Concur: lJ IA~ 008 Date Attachments: Memorandum Of Understanding 2  MEMORANDUM OF UNDERSTANDING Fort Walton Beach Police Department This Memorandum of Understanding (MOD) is entered into by the Fort Walton Beach Police Department and the United States Marshals Service (USMS) pursuant to Operation Orange Crush with the newly formed Florida Regional Fugitive Task Force. Terms and Conditions 1. Period of Performance: This MOD will last from July 7, 2008 through September 12, 2008; after which time this MOU will not be renewed. Participating agencies may withdraw their participation after providing 14 days advance written notice to the DSMS, Northern District of Florida. This MOD will not be renewed, regardless of the availability of funds. 2. Work Reimbursement: The USMS shall reimburse your organization for money paid for overtime hours worked performing its law enforcement functions in the Northern District of Florida and other locations, as it pertains to the Operation Orange Crush. If the work is compensated, the agency must submit within 30 days after receipt of a fully executed MOU" a list of individuals along with information stating their compensated rate. Reimbursement of funds shall be consistent with the Fair Labor Standards Act. Funds are capped at no more than 510,000. 00. 3. Reimbursement of money spent shall be contingent upon the submission of a proper invoice which shall be submitted within 30 days after the completion of the work.' The invoice should p~ovlde the names of the officers who worked;the number of overtime hours incUlTed; the hourly regular and overtime rates in effect for each officer; and the total cost. The invoice should be submitted to the USMS, Northern District ofFlori~ who will review the invoice~stamp and sign indicating that ' services were received and that the invoice is approved for payment. 4. Personnel and Supervision: Direction and coordination of the officers shall be the responsibility of the Fort Walton Beach Police Department s. Release of Liability: The Fort Walton Beach Police Department shall ' be" responsible for the acts or omissions of its personnel. Participating agencies or officers shall not be considered as the agent of any other participating agency. Nothing herein is intended to waive or limit sovereign immunity under federal or state statutory or constitutional law. AGREED TO TInS DAY OF 2008 Ted Litsehauer Dennis A.Williamson Chief of Police United States Marshal Fort Walton Beach Poliee p:epartment Northern District of Florida  Page 1 of 1 Charlotte Dunworth u.... "':'~".;,"'. . R.............................. _._.....,._ ....__ n_.. .. P" ... ~... rom: Toni Craig [ tonicraig@cox. net] ient: Friday, October 17, 2008 9: 05 AM To: Charlotte Dunworth; Carole Jones Cc: Brandy Wunker; Joyce Shanahan; Ted Litschauer Subject: RE: Grant Resolutions Charlotte A resolution is not needed for acceptance of the Orange Crush funding because it will come through the MOU. Toni L Craig Attorney at law Fla Bar No 115444 850) 243-6969 www. tonicrag.info From: Charlotte Dunworth [ mailto: cdunworth@fwb.org] Sent: Thursday, October 16, 2008 1: 15 PM To: Toni Craig Subject:Grant Resolutions Hi Toni, Please review the attached grant resolutions for the Oct 28 agenda. 3nks! harlotte n.... .....: u. Please Note: Florida has a very broad public records law. Most written communications to or t:rom City of Fort Walton Beach officials are public records available to the public and media Your mail address and upon request. e- communications may therefore be subject to public disclosure. Think:Green - Please consider the environment before printing this e- mail. 10/ 17/ 2008  CITY COUNCIL MEETING October 28, 2008 Consent Agenda Consideration of acceptance of the Fort Walton Beach Identity Theft Prevention Program Finance Director) Council Action 1st 2nd Vote: Agenda Item Number: 5  CITY OF FORT WALTON BEACH MEMORANDUM DATE: October 20, 2008 TO: Joyce Shanahan, City Manager FROM: Brandy Wunker, Finance Director SUBJECT: Identity Theft Prevention Program Backaround Pursuant to the Federal Trade Commission' s Red Flags Rule which implements Section 114 of the Fair and Accurate Credit Transactions Act of 2003, the City of Fort Walton Beach has developed an Identity Theft Prevention Program. After consideration of the size and complexity of the City's operations and account systems, and the nature and scope of the City' s Utility activities, staff has determined that this Program is appropriate. Discussion . The Red Flags Rule defines " Identity Theft" as " fraud committed using the identifying information of another person" and a uRed Flag" as a pattern, practice, or specific activity that indicates the possible existence of Identity Theft. According to the Rule, a municipal utility is a creditor subject to the Rule requirements. The Rule defines creditors " to include finance companies, automobile dealers, mortgage brokers, utility companies, and telecommunications companies. Where non- profit and government entities defer payment for goods or services, they, too, are to be considered creditors." ' All the City' s Utility ,accounts that are individual utility service accounts held by customers of the City whether residential, commercial, or industrial are covered by the Rule. Under the Rule, a " c'overed account" is: 1. Any account the Utility offers or maintains primarily for personal. family or household purposes. that involves multiple payments or transactions; and 2. Any other account the Utility offers or maintains for which there is a reasonably foreseeable risk to customers or to t,he safety and soundness of the Utility from Identity Theft. The rule requ ires that the City obtain approval of the initial written program from its Board of Directors. The City is currently performing all of the detections listed in the procedures. The requirement of the regulation is that City Council formally adopts the attached Program. November 1, 2008 is the deadline for compliance with the federal " Red F1ag" anti- identity theft regulations. The attached City of Fort Walton Beach Identity Theft Prevention Program will satisfy the City' s compHance requirements for this federal regulation. Conclusion: Staff respectfully requests that City Council approve the City of Fort Walton Beach Identity Theft Prevention Program. Respectfully Submitted, Brandy Wunker Finance Director Concur: Do not concur: U:\FinanaMgenda\ ldenti y Theft Prevention Program 10.20. 08.doc Page 2 of2  Identity Theft Prevention Program For City of Fort Walton Beach, FL 107 Miracle Strip Parkway SW Fort Walton Beach, FL 32547 November 1 , 2008 City.of Fort Walton Beach Identity Theft Prevention Program This Plan is intended to identify red flags that will alert our employees when new or existing accounts are opened using false information, protect against the establishment of false accounts, establish methods to ensure existing accounts were not opened using false information, and provide measures to respond to such events. Contact Information: