HomeMy WebLinkAboutContract 36993TY
CON RAC`T N®� -0f
AGREEMENT BETWEEN TREASURY LAW ENFORCEMENT AGENCIES
and
LOCAL, COUNTY AND STATE LAW ENFORCEMENT AGENCIES
FOR THE REIMBURSEMENT OF EXPENSES
This agreement is entered into by the City of Fort Worth and Internal Revenue Service, Criminal
Investigation, for the purpose of receiving reimbursable costs incurred by the Fort Worth Police
Department in providing resources to joint operations/task forces.
Payments may be made to the extent they are included in the Treasury law enforcement agency's Fiscal
Year Plan, and the monies are available within the Treasury Forfeiture Fund to satisfy the request(s) for
reimbursable overtime expenses.
I. LIFE OF THIS AGREEMENT
This agreement is effective on the date it is signed by both parties and terminates on the last day
of the current Fiscal Year. Agreements are required on a Fiscal Year basis and must be
renewed, if appropriate, by September 30th of each Fiscal Year for the following Fiscal Year,
Il. AUTHORITY
This agreement is established pursuant to the provisions of 31 U.S.C. 9703, the Treasury
Forfeiture Fund Act of 1992, which provides for the reimbursement of certain expenses of local,
county, and state law enforcement agencies incurred as participants in joint operations/task
forces with a Department of the Treasury law enforcement agency.
III. PURPOSE OF THIS AGREEMENT
This agreement establishes the procedures and responsibilities of both the City of Fort Worth and
the Criminal Investigation, Internal Revenue Service, for the reimbursement of certain overtime
and other expenses pursuant to 31 U.S.C. 9703.
04-16-08 P03:48 IN
Form 9975 (Rev. 2-05) Cat. No. 22456K
of the Treasury --Internal Revenue Service Page 1
IV. NAME OF TASK FORCE/JOINT OPERATION (If Applicable)
The Name of this Task Force is North Texas Asset Forfeiture Task Force.
Projected Dates of Remaining Operation: 10/0 u2007 to 0913012008,
V. CONDITIONS AND PROCEDURES
A. Assignment of Fort Worth Police Department Officers
To the maximum extent possible, Fort Worth Police Department shall assign dedicated
officers) to the Task Force/Joint Operations.
The Fort Worth Police Department shall provide the Criminal Investigation, Internal
Revenue Service, with the names, titles, badge or ID numbers of the officer(s) assigned
to the Task Force/Joint Operation in an attachment to this agreement.
B. Requests for Reimbursement of Overtime Expenses
1. The Fort Worth Police Department may request reimbursement for payment of
overtime expenses directly related to work performed by its officer(s) assigned as
members of a Joint Task Force/Operation with the Criminal Investigation, Internal
Revenue Service, for the purpose of conducting official Treasury investigations.
2. The Fort Worth Police Department shall provide the Criminal Investigation,
Internal Revenue Service, within 10 days of the signing of this agreement, a
mandatory ACH Vendor Payment Enrollment Form for Electronic Funds Transfer,
3. Invoices submitted for the payment of overtime to Fort Worth Police Department
officers) shall be submitted on the agency's letterhead. The invoice shall be
signed by an authorized representative of that agency.
4. The Fort Worth Police Department will submit all requests for reimbursable
payments together with appropriate documentation to the Criminal Investigation,
Internal Revenue Service, ATTN: Supervisory Special Agent Tamera Cantu,
HIDTA, 8404 Esters Blvd., Suite 100, Irving, TX 75063, 972-915-9635.
The City of Fort Worth shall certify that the request is for overtime expenses
incurred by the Fort Worth Police Department for Participation with a joint
operation conducted with the Criminal Investigation, Internal Revenue Service,
The Fort Worth Police Department shall also certify that requests for
reimbursement of overtime expenses have not been made to other Federal law
enforcement agencies who may also be participating with the Task Force/Joint
Operation.
Form 9975 (Rev. 2-05) Cat. No. 22456K Department of the Treasury -- Internal Revenue Service Page 2
The City of Fort Worth acknowledges that it remains fully responsible for its
obligations as the employer of the officer(s) assigned to the Task Force/Joint
Operation and is responsible for the payment of overtime earnings, withholdings,
insurance coverage and all other requirements by law, regulation, ordinance or
contract regardless of the reimbursable overtime charges incurred.
5. All requests for reimbursement of costs incurred by the City of Fort Worth must
be approved and certified by the Criminal Investigation, Internal Revenue
Service. The Treasury law enforcement agency shall countersign the invoices
for payment.
6. All requests for reimbursement of costs are to be received by Criminal
Investigation, Internal Revenue Service no later than 15 days after the previous
month end. These requests for reimbursement are to be for a full month time
period, from the first day to the last day of the month. There should not be
invoices covering only part of the month, as in 1110104 — 11251040
7. The City of Fort Worth is limited to a maximum partial fiscal year reimbursement
for all overtime expenses in connection with this operation of $8,000 under this
agreement. By statute, no single officer may earn more than $15,000 per fiscal
year in overtime regardless of the number of agreements he/she is authorized
on. Travel and related expenses should not exceed a maximum of $6,000 for
this Task Force/Joint Operation for the Fiscal Year period.
8. The total dollar value of this agreement may be adjusted at anytime by Criminal
Investigation, Internal Revenue Service based upon the following:
AN
The Criminal Investigation, Internal Revenue Service may modify the total
dollar obligation, resulting in an increase a decrease, if they determine that the
original obligated amount is not commensurate with the rate of reimbursable
requests, based on their analysis of submitted reimbursement requests.
B) The adjustments to the total dollar value of this agreement may result in a
partial and/or total reduction of reimbursement funds requested. Any
modification made to an authorized agreement will be documented in writing and
immediately provided to the impacted state and local agency.
C. PROGRAM AUDIT
This agreement and its procedures are subject to audit by the Criminal Investigation,
Internal Revenue Service, Department of the Treasury, Office of Inspector General, the
General Accounting Office, and other government designated auditors. The City of Fort
Worth agrees to permit such audits and agrees to maintain all records relating to these
transactions for a period of not less than three years; and in the event of an on -going
audit, until the audit is completed.
These audits may include reviews of any and all records, documents, reports, accounts,
invoices, receipts or expenditures relating to this agreement; as well as the interview of
any and all personnel involved in these transactions.
' r1rCNi
U jj`�ng s
Form 9975 (Rev. 2-05) Cat. No. 22456K Department of the Treasury -- Internal Revenue Service Page 3
D. REVISIONS
The terms of this agreement may be amended upon the written approval of both the City
of Fort Worth and the Criminal Investigation, Internal Revenue Service. The revision
becomes effective upon the date of approval.
E. NO PRIVATE RIGHT CREATED
This is an internal government agreement between a Treasury Law Enforcement Agency
and the City of Fort Worth, a Local/County/State Law Enforcement Agency, and is not
intended to confer any right or benefit to any private person or party.
Signat�.l%e / / � U�ignatu
Joe Paniagua ,lyjy�°���
First Assistant City Title Printed Name
Manager, City of Fort
Worth
�p�cial Agent in
Charge
Title
Criminal Investigation
Dallas Field Office
Internal Revenue Service
Date: 9 I 1 : Date:
APPROVED
AS
TO FORM
AND
LEGALITY
BY:
ianature
Monica Wood
Assistant City Attorney,
City of Fort Worth
Printed Name
Date: /-� • � �j - (� �j
City Secretary, Ci of Fort Worth
1.0 1
y7
Date v�YU�� J����d�1r`% I
�okc 01(bltDlk
Signature
Printed me Title
Crimi al Investigation
Inte al Revenue Service
W shington, DC
Ordinance No. g6 �S- e�U 4-
Contract No:
Form 9975 (Rev. 2-05) Cat. No. 22456K
Al U "Sh�'.: Department of the Treasury --Internal Revenue Service Page =1
Page 1 of 2
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION
DATE: Tuesday, April 15, 2008
LOG NAME: 351RSC1
Approved on 4/15/2008 -Ord. # 18051-04-2008
REFERENCE NO.: **C-22759
SUBJECT:
Authorize the City Manager to Execute an Agreement with the Internal Revenue Service, Criminal
Investigation, for the Purpose of Receiving Reimbursable Costs Incurred by the City in Providing
Resources to Joint Operations/Task Forces and Adopt Appropriation Ordinance
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager to execute an agreement with the Internal Revenue Service, Criminal
Investigation, for the purpose of receiving reimbursable overtime ($15,000) and travel ($6,000) costs
incurred by the City in providing resources to a Joint Operations/Task Force;
2. Authorize the agreement to become effective on the same date it is executed by both parties and
terminate on the last day of the current Fiscal Year;
3. Authorize the agreement to be renewed by addendum agreeable to both parties, effective beginning on
October 1 of each fiscal year; and
4. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Grants Fund by $21,000 upon execution of the agreement.
DISCUSSION:
This agreement will be established pursuant to the provisions of 31 U.S.C. 9703, the Treasury Forfeiture
Fund Act of 1992, which provides for the reimbursement of certain expenses of local, county, and state law
enforcement agencies incurred as participants in joint operations/task forces with a Department of the
Treasury law enforcement agency. The Name of this Task Force is the "North Texas Asset Forfeiture Task
Force." The Fort Worth Police Department will assign one Detective for overtime to this Joint Task
Force/Operation.
The mission of the Task Force will be to develop and assist with criminal investigations and asset forfeitures
of illegal activities in the North Texas area. IRS Criminal Investigation (CI) serves the American public by
investigating potential criminal violations of the Internal Revenue Code and related financial crimes in a
manner that fosters confidence in the tax system and compliance with the law. IRS CI is comprised of
special agents whose investigative jurisdiction includes tax, money laundering and Bank Secrecy Act
laws. IRS is the only federal agency that can investigate potential criminal violations of the Internal Revenue
Code.
As financial investigators, the North Texas Asset Forfeiture Task Force will fill a unique niche in the federal
law enforcement community. Today's sophisticated schemes to defraud the government demand the
http://apps.cfwnet.org/council�acket/Reports/mc�rint.asp 4/24/2008
Page 2 of 2
analytical ability of financial investigators to wade through complex paper and computerized financial
records. Along with their financial investigative skills, the North Texas Asset Forfeiture Task Force will use
specialized forensic technology to recover financial data that may have been encrypted, password
protected, or hidden by other electronic means.
Additionally, the North Texas Asset Forfeiture Task Force will investigate and assist in the prosecution of
significant financial investigations that will generate the maximum deterrent effect, enhance voluntary
compliance, and promote public confidence in the tax system.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that upon approval of the above recommendations, execution of the
agreement, and adoption of the attached appropriation ordinance, funds will be available in the current
operating budget, as appropriated, of the Grants Fund. The Police Department is responsible for submitting
request for reimbursement to offset the expenditures. Funds will be reimbursed by grantor after
expenditures are made.
TO Fund/Account/Centers
G R76 451802 035478264000 $21, 000.00
GR76 5 $21,000.00
(VARIOUS) 035478264010
Submitted for City Manager's Office bv:
Originating Department Head:
Additional Information Contact:
FROM Fund/Account/Centers
Joe Paniagua (6575)
Patricia J. Kneblick (4212)
Kara Shuror (4221)
http://apps.cfwnet.org/council�acket/Reports/mc�rint.asp 4/24/2008