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Home My WebLink AboutContract 35861 CITY SECRETARY-2.NO. MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF FORT WORTH AND THE UNITED STATES SECRET SERVICE The City of Fort Worth, acting by and through its Police Department ("Police Department") and the United States Secret Service ("USSS") enter into this memorandum of understanding ("MOU"), which becomes effective with the signatures of both parties and remains in effect until terminated by the mutual agreement of the Police Department and the USSS or upon 30 day written notice by either party to this agreement. I. AUTHORITY This MOU is established pursuant to provisions of the Treasury Forfeiture Fund Act of 1992, 31 USC § 9703, as amended. This act established the Department of the Treasury Forfeiture Fund and authorized the payment of certain overtime expenditures,travel, fuel, training, equipment and other similar costs of State and Local law enforcement officers, that are involved in joint operations, with a Department of the Treasury law enforcement organization, as prescribed in 31 USC 9703 § (a)(1)(I)(hereinafter"overtime costs and other expenses"). II. PURPOSE This MOU establishes the procedures and responsibilities of both the Police Department and the USSS for the reimbursement of certain overtime costs and other expenses pursuant to 31 USC § 9703. III. CONDITIONS AND PROCEDURES The parties agree to the following conditions: (a) The Police Department may request reimbursement of payment of overtime costs and other expenses directly related to work performed by its officer(s) assigned to assist the U.S. Secret Service's Southwest Financial Crimes Task Force ("Task Force") in conducting official investigations. The Police Department will submit all requests for reimbursement payments, together with appropriate documentation, to the U.S. Secret Service's Task Force Supervisor. Request for reimbursement will be based solely upon overtime worked and other expenses r r performed on behalf of the U.S. Secret Service Task Force. l ° �r ��'�� 'I MOU BETWEEN CITY OF FORT WORTH _ N AND UNITED STATES SECRET SERVICE Page I of 4 i (b) All reimbursement hours of overtime costs and all other expenses covered under this MOU must be approved and certified by the U.S. Secret Service Task Force 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) Criminal Investigative Division, Office of Investigations, to the Treasury Forfeiture Fund's payment agent,the U.S. Customs National Finance Center ("NFC"). (d) During the period of assignment to the Task Force, the Police Department will remain responsible for establishing the salary and benefits, including overtime of the officer(s) assigned to the Task Force and making all payments due them. Reimbursement under this MOU is contingent upon the availability of mandatory funds allocated to the U.S. Secret Service through the Department of the Treasury Forfeiture fund. (e) The Police Department shall permit and have readily available for examination and auditing by the U.S. Secret Service, the Department of Treasury, the Comptroller of the United States, and any of their 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 of three (3) years, which ever is sooner. (f) Payments may be made to the extent they are included in the U.S. Secret Service Fiscal Year Plan and the monies are available within the Department of Treasury Forfeiture Fund to satisfy the request(s) for reimbursable expenses. It should also be understood that the total amount(s) made available to the U.S. Secret Service through the Department of the Treasury Forfeiture Fund, for reimbursement to the Police Department, could change at any time. (g) Pursuant to the Treasury Executive Office for Asset Forfeiture ("TEOAF") directive number 18, the maximum reimbursement entitlement for overtime costs to any one law enforcement official cannot exceed fifteen-thousand ($15,000.00) dollars during the fiscal year. MOU BETWEEN CITY OF FORT WORTH AND UNITED STATES SECRET SERVICE Page 2 of 4 (h) This document does not obligate funds. Funding authority will be provided through other documents. (i) The Police Department shall provide the U.S. Secret Service within 10 days of the signing of this 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 institution where the Police Department wants the Electronic Funds transfer ("EFT") payment deposited for the reimbursement of overtime salary costs. Failure to provide this information within the prescribed period of time will nullify this MOU agreement. (k) If any of the terms, sections, subsections, sentences, clauses,phrases,provisions, covenants, conditions or any other part of this MOU are for any reason held to be invalid, void or unenforceable, the remainder of the terms, sections, subsections, sentences, clauses, phrases, provisions, covenants, conditions or any other part of this MOU shall remain in full force and effect and shall in no way be affected, impaired or invalidated. (1) This MOU embodies the complete agreement of the parties hereto superseding all oral or written previous and contemporary agreements between the parties relating to matters herein. IV, REVISIONS The terms of this MOU may be amended upon the written approval of both the Police Department and the U.S. Secret Service. Such amendment is effective upon the date of approval. [SIGNATURES ARE ON THE FOLLOWING PAGE] MOU BETWEEN CITY OF FORT WORTH AND UNITED STATES SECRET SERVICE Page 3 of 4 U.S. SECRET SERVICE CITY OF FORT WORTH Dallas Field Office APPROVED AS TO FORM AND LEGALITY: Assistant City Attorney C111 jujje� Michael A. Lee Ralph endoza Special Agent in Charge Police Chief Date: 1 - �- 0-1 Date: >' --L APPROVED FOR CITY MANAGER'S OFF CE- zoSAIC Craig Magaw Joe Pani qua U.S. Secret Service, Office of Investigations Assistan � tyUnager Criminal Investigative Division Date: Date: f ATTEST: City Secretar M & C No.: NO M&C REQUIRED Ordinance No.: d. Contract No.: MOU BETWEEN CITY OF FORT WORTH AND UNITED STATES SECRET SERVICE P4114 9C kE '.: