HomeMy WebLinkAboutContract 43867 CITY SECRETARY LL �
C
I NOW
ONTRACT N0.
MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN
HOMELAND SECURITY INVESTIGATIONS AND THE FORT
WORTH POLICE DEPARTMENT (NCIC CODE: TX2201200) FOR
THE REIMBURSEMENT OF JOINT OPERATIONS EXPENSES
FROM THE TREASURY FORFEITURE FUND
This Agreement is entered into by the Fort Worth Police Department(NCfC CODE:
TX2201200) and Immigration and Customs Enforcement (ICE), SAC Dallas Office_for
the purpose of the reimbursement of costs incurred by the Fort Worth Police Department
in providing resources to joint operations/task forces.
Payments maybe made to the extent they are included in the ICE Fiscal Year Plan, and
the money is available within the Treasury Forfeiture Fund to satisfy the request(s) for
the reimbursement of overtime expenses and other law enforcement expenses related to
joint operations.
I. LIFE OF THIS AGREEMENT
This Agreement becomes effective on the date it is signed by both parties. It remains
in force unless explicitly terminated, in writing, by either party.
II. AUTHORITY
This Agreement is established pursuant to the provisions of 31 USC 9703, the
Treasury Forfeiture Fund Act of 1992, which provides for the reimbursement of
certain expenses incurred by local, county, and state law enforcement agencies as
participants of joint operations/task forces with a federal agency participating in the
Treasury Forfeiture Fund.
III. PURPOSE OF THIS AGREEMENT
This Agreement establishes the responsibilities of both parties and the procedures for
the reimbursement of certain overtime expenses and other law enforcement expenses
pursuant to 31 USC 9703.
IV. APPLICABILITY OF THIS AGREEMENT
This agreement is valid for all joint investigations led by ICE SAC DALLAS
OFFICE, with the participation of the Fort Worth Police Department, and until
terminated, in writing, by either party.
OFFICIAL RECORD
CITY SECRETARY
QTR W�FtI'fh�e�'3�
Memorand dm-s= tng etween
Homeland Securi,ty. v��igations (ICE Task Force) and The City of Fort Worth 1
11 -09-12 P1 � •
V. TERMS, CONDITIONS, AND PROCEDURES
A. Assignment of Officer(s)
To the maximum extent possible, the Fort Worth Police Department shall
assign dedicated officers to any investigation or joint operation.
Included as part of this Agreement, the Fort Worth Police Department
shall provide the ICE SAC DALLAS OFFICE with the names, titles, four
last digits of SSNs, badge or ID numbers, and hourly overtime wages of
the officer(s) assigned to the joint operation. This information must be
updated as necessary.
B. Submission of Requests for Reimbursement (Invoices) and
Supporting Documentation
1. The Fort Worth Police Department may request the reimbursement of
overtime salary expenses directly related to work on a joint operation
with ICE SAC DALLAS OFFICE, performed by its officer(s) assigned
to this joint operation. In addition, the Fort Worth Police Department
may request reimbursement of other investigative expenses, such as
fuel, training, incurred by officer(s) assigned as members of the
designated joint operations with the ICE SAC DALLAS OFFICE.
The Fort Worth police Department ma-v not request the
reimbursement of the same expenses from any other Federal law
enforcement agencies that may also be participating in the
investigation.
Z. Reimbursement payments will not be made by check. To receive
reimbursement payments, the Fort Worth Police Department must
ensure that Customs and Border Protection, National Finance Center
(CBP/NFC) has a current ACH Form on file with the agency's bank
account information, for the purposes of Electronic Funds Transfer.
The ACH Form must be sent to the following address:
CB P National Finance Center
Attn: Forfeiture Fund
6650 Telecom Dr.
INDIANAPOLIS, IN 46278
If any changes occur in the law enforcement agency's bank account
information, a new ACH Form must be filled out and seat to the
CBWN FC as soon as possible.
Memorandum of Understanding between
Homeland Security Investigations (ICE Task Force) and The City of Fort Worth 2
3. In order to receive the reimbursement of officers' overtime and other
expenses related to joint operations, the Fort Worth Police Department
must submit to ICE SAC DALLAS OFFICE the TEOAF Form "Local,
County, and State Law Enforcement Agency Request for
Reimbursement of Joint Operations Expenses (Invoice)", signed by an
authorized representative of that agency and accompanied by
supporting documents such as copies of time sheets and receipts.
4. The Fort Worth Police Department remains fully responsible, as the
employer of the officer(s) assigned to the investigation, for the
payment of overtime salaries and related benefits such as tax
withholdings, insurance coverage, and all other requirements under the
law, regulation, ordinance, or contract, regardless of the reimbursable
overtime charges incurred. Treasury Forfeiture Fund reimburses
overtime salaries. Benefits are not reimbursable.
5. The maximum reimbursement entitlement for overtime worked on
behalf of the joint investigation is set at $15,000 per officer per year.
b. The Fort Worth Police Department will submit all requests for the
reimbursement of joint operations' expenses to ICE SAC DALLAS
OFFICE, at the following address:
DHSlICE1SAC Dallas
Attn: Joint Operations Coordinator/Mission Support
125 E. John Carpenter Freeways Suite 750
Irving, Texas 75062
Ph: (972) 444-7372
VI. PROGRAM AUDIT
This Agreement and its provisions are subject to audit by ICE, the Department
of the Treasury Office of Inspector General, the General Accounting Office,
and other government designated auditors. The Fort Worth Police Department
agrees to permit such audits and agrees to maintain all records relating to
these transactions for a period 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 of expenditures related to this agreement, as well
as interviews of any and all personnel involved in these transactions.
Memorandum of Understanding between
Homeland Security Investigations (ICE Task Force) and The City of Fort Worth 3
VII. REVISIONS
The terms of this Agreement may be amended upon the written approval by
both parties. The revision becomes effective on the date of approval.
VIII. No PRIVATE RIGHT CREATED
This is an internal government agreement between the ICE SAC DALLAS
OFFICE and the Fort Worth Police Department and is not intended to confer
any right or benefit to any private person or party.
,Si natures:
A.-F,°�L °.r�• ice..,f f t''.
David M. Marwell Jeffrey W. Halstead
Special Agent in Charge Chief of Police
DHSIICEIHSI Dallas Fort Worth Police Department
Dallas, Texas Fort `]North, Texas
Date: L ; fir Date: !� ' f`� -
CITY of FORT WORTH
0' 00000000
/49• ATTEST: 6
C va rles W. Daniels Date
00
Assistant City Manager y � oo
a 0� �a
�- 00000 .cy
qa6 rKaVia)) D ate
City Secretary
APPROVED AS To FORM AND LEGALITY:
Authorization:
Contract No.
C3 M&C.
Jessica an s g Date
Assistant City Attorney
FOFFIIC�AL RECORD of Understanding between ��� �CR��A
ICY
Homeland Security Investigations (ICE Task Force) and The City of For W 0 5 �H� TIC
M&C Review Page 1 of 2
Official site of the City of Fort Woilh, Texas
FORTWORTH
CITY OUNCIL AGENDA 0""
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COUNCIL ACTION: Approved on 6!712011 - ordinance No. 19720-06-2011
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DATE: 6/7/2011 REFERENCE NO.: **C--24932 LOG NAME: 3510E2011
CODE: C TYPE: CONSENT PUBLIC HEARING: NO
SUBJECT: Authorize Execution of a Memorandum of Understanding with the U.S. Department of
Homeland Security, Immigration and Customs Enforcement for Participation in an ongoing
Operation/Task Force Against Criminal organizations, Accept an Amount Up to
$225,000.00 and Adopt Appropriation ordinance
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RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager to execute a Memorandum of Understanding with the U.S.
Department of Homeland Security, Immigration and Customs Enforcement for participation in an
ongoing joint operation/task force against criminal organizations and accept an amount up to
$225,000.00; and
2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in
the Grants Fund in the amount of $225,000.00 ($45,000.00 per year for five years).
DISCUSSION:
The Fort Worth Police Department has participated in an ongoing joint operation/task force with the
U.S. Department of Homeland Security, Immigration and Customs Enforcement (ICE) since April
2006. The purpose of the operation/task force is to collaborate on investigations of criminal
organizations in a joint fashion. The Fort Worth Police Department has assigned three officers to joint
investigations and joint operations on an as-needed basis. The City of Fort Worth has been and will
continue to be reimbursed for associated overtime earned by and fringe expenses i ncurred by officer
(s) assigned as members of the designated joint operations. The maximum annual reimbursement
entitlement for overtime worked on behalf of the joint investigations is set at $15,000.00 per officer,
per year.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that upon approval of the above
recommendations 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 will be
responsible for requesting reimbursements.
TO Fu ndlAccountlCenters FROM Fund/Account/Centers
3)GR76 451938 035446527010 $45,000.00
3) GR76 451938 035446527020 $45,000.00
3)GR76 S(VARIOUS) $45,000-00
035446527020
3)GR76 451938 035446527030 $45,000.00
3) GR76 5 $455000.00
(VARIOUS) 035446527030
3) GR76 451938 035446527040 $45,000.00
http:l/apps.cfwnet.oIg/counckpacketlmc_revicw.asp?1D=15344&eouncildate=61712011 10/1712012
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3}GR76 5(VARIOUS)
035446527040 $45,000.flD
3) GR76 451938 035446527050 $45,000.00
3}GR76 5
(VARIOUS) 035446527050 $45,000.00
3) GR76 5 $453000.00
(VARIOUS) 035446527010
Submitted for City Manager's office Ivy: Charles W. Daniels (6199)
Originating Department Head: Jeffrey W. Halstead (4212)
Additional Information Contact: Monique Moore (4221)
ATTACHMENTS
3510E201 1 A011 REVISED.doc
http-.//apps.cfwnet.org/councll__packet/mc—review.asp?ID—15 3 44&counci ldate-6/7/201 l 16/17/2012