Loading...
HomeMy WebLinkAboutContract 43867 (2)GITY SECRETARY CONTRACT NO. _X'1; 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 (NCIC CODE: TX2201200) and Immigration and Customs Enforcement (ICE), SAC Dallas Officefor the purpose of the reimbursement of 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 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 FT. WORM,: IT Meinorand«rmt-�tnderstariding-between Homeland Security94igations (ICE Task Force) and The City of Fort Worth 1 11-09-12 Piz - Pv4:36 I N 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 Depai tinent 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 Depai tinent 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 may not request the reimbursement of the same expenses from any other Federal law enforcement agencies that may also be participating in the investigation. 2. 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: CBP 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 sent to the CBP/NFC 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 Faun "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 1 eimburses 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. 6. 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: DHS/ICE/SAC Dallas Mtn* Joint Operations Coordinator/Mission Support 125 E John Carpenter Freeway, 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 1 elated 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. Signatures: came David M. Marwell Special Agent in Charge DHS/ICE/HSI Dallas Dallas, Texas Date: 11; VA/ 17r— CITY OF FORT WORTH C arles W. Daniels Date Assistant City Manager ,o. as/2 APPROVED AS TO FORM AND LEGALITY: Jessica in g Assistant City Attorney (&Z3—'1t Date I I Jeffrey W. Halstead Chief of Police Fort Worth Police Department Fort Worth, Texas Date: /0 • Z.inZ ATTEST: Authorization: Contract No. M&C: - qq,ez_ tv, 1/-440 OFFICIAL Ok Memorandum of Understanding between ©ITV 41*GilatrilliVe Homeland Security Investigations (ICE Task Force) and The City of Fori W,a - il m a P In M&C Review Page 1 of 2 Official site of the City of Fort Worth, Texas FORT WORT 1,1 RI 7111,, AGENDA COUNCIL ACTION: Approved on 6/7/2011 o Ordinance N©. 19720=06=2011 DAT;;: 6/7/2011 REFERENCF NO.: **C-24932 LOG NAME: 35ICE2011 CODF: 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 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 incurred 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 515,000.00 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 Fund/Account/Centers 3) GR76 451938 035446527010 3) GR76 451938 035446527020 3) GR76 5(VARIOUS) 035446527020 3) GR76 451938 035446527030 3) GR76 5 (VARIOUS) 035446527030 3) GR76 451938 035446527040 $45.000.00 $45,000.00 $45,000.00 $45,000.00 $45,000.00 $45.000.00 FROM Fund/Account/Centers http://apps.cfwnet.org/council packet/mc_review. asp?ID 15344&councildate 6/7/2011 10/17/2012 M&C Review Page 2 of 2 3) GR76 5(VARIOUS) 035446527040 3) GR76 451938 035446527050 3) GR76 5 (VARIOUS) 035446527050 3) GR76 5 (VARIOUS) 035446527010 $45,000.00 $45,000.00 $45,000.00 $45.000.00 Submitted for City Manaaer's Office bv: Charles W. Daniels (6199) Originating Department Head: Jeffrey W. Halstead (4212) Additional Information Contact: Monique Moore (4221) ATTACHMENTS 3510E2011 AO11 REVISED doc http://apps.cfwnet.org/council packet/mc_review.asp?ID=15344&councildate=6/7/2011 10/17/2012