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HomeMy WebLinkAboutContract 60808CSC No. 60808 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF FORT WORTH AND THE UNITED STATES SECRET SERVICE The City of Fort Worth ("City") and the United States Secret Service ("Secret Service") 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 City and the Secret Service or upon 30 day written notice by either party to this agreement. I. AUTHORITY This MOU is established pursuant to Title 18, United States Code, Section 3056 and provisions of Public Law 107-56, Title I, Section 105, the Uniting and Strengthening of America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT) Act of 2001. This act directed the Secret Service to take appropriate actions to expand the national network of Electronic Crimes Task Forces (ECTF) throughout the United States. The Secret Service has since consolidated its Financial Crimes Task Forces with its ECTFs, renaming the consolidated task forces as its Cyber Fraud Task Forces (CFTFs). This MOU is established pursuant to provisions of the Treasury Forfeiture Fund Act of 1992, 31 U.S.C. § 9705, 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 U.S.C. § 9705 (a)(1)(I)(hereinafter "overtime costs and other expenses"). II. PURPOSE This MOU establishes the procedures and responsibilities of both the City and the Secret Service for the reimbursement of certain overtime costs and other expenses pursuant to 31 U.S.C. § 9705. III. CONDITIONS AND PROCEDURES The parties agree to the following conditions: (a) The City may request reimbursement of payment of overtime costs and other expenses directly related to work performed by its officer(s) assigned to assist the Secret Service CFTF in conducting official investigations. The City will submit all requests for reimbursement payments, together with appropriate documentation, to the Secret Service CFTF supervisor. Request for reimbursement will be based solely OFFICIAL RECORD CITY SECRETARY FOR OFFICIAL USE ONLY FT. WORTH, Tx upon overtime worked and other expenses performed on behalf of the Secret Service CFTF. (b) All reimbursement hours of overtime costs and all other expenses covered under this MOU must be approved and certified by the Secret Service CFTF 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 Secret Service CFTF supervisor will forward all approved reimbursement requests through the Special Agent in Charge (SAIC) of the 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 Secret Service CFTF, the City will remain responsible for establishing the salary and benefits, including overtime of the officer(s) assigned to the CFTF and making all payments due them. Reimbursement under this MOU is contingent upon the availability of mandatory funds allocated to the Secret Service through the Department of the Treasury Forfeiture Fund. (e) The City shall permit and have readily available for examination and auditing by the Secret Service, the U.S. 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, whichever is sooner. (f) Payments may be made to the extent they are included in the 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 Secret Service through the Department of the Treasury Forfeiture Fund, for reimbursement to the City, 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. (h) This document does not obligate funds. Funding authority will be provided through other documents. (i) The City shall provide the 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 City wants the Electronic Funds transfer (EFT) payment deposited for the reimbursement of overtime salary FOR OFFICIAL USE ONLY FORT WORTH DATE: July 27, 2021 FROM: Sarah Shannon Supplemental Funding Division Fort Worth Police Department SUBJECT: Fort Worth US Secret Service MOU City of Fort Worth Inter -Office Correspondence Received in Law Dept Received in ACM Office Law Dept Contact Initials Date ACM Office Contact Initials Date Please forward to City Secretary Added to PD's Internal Log I Initials Date Attached for your signature, please find the MOU between the City of Fort Worth and the United States Secret Service for participation in the Cyber Fraud Task Force. A copy of the executed agreement will be sent to the City Secretary as soon as it has been completely signed. ❑ M&C Not Required 0 M&C Required: ?1-nl l;7 ❑ Form 1295 Number: Not Required Please contact Sarah Shannon at Sarah.shannon CcDfortworthtexas.Rov for all questions and concerns. K Jul 27, 2021 Keith Morris, Finance Manager Date 2021 Julie Swearingin (Ju12(, 20211SA( CDT) Jul 27 Julie Swearingin Date Assistant Chief u&cG urlcek Jul 27, 2021 Neil Noakes (Jul 27, 202116:03 CDT) Neil Noakes Date Chief of Police United States Secret Service Cyber Fraud Task Force 11 P a g e costs. Failure to provide this information within the prescribed period of time will nullify this MOU agreement. IV. REVISIONS The terms of this MOU may be amended upon the written approval of both the City and the Secret Service. Such amendment is effective upon the date of approval. U.S. Secret Service City of Fort Worth Dallas Field Office ATSAI�Q IN Neil Noakes (Jul 27, 202116:03 CDT) Neil Noakes For: SAIC W' am marr Chief of Police Fort Worth Police Department Date: 09/08/2021 J U [ 271 2021 Date. U.S. Secret Service Criminal Investigations Division y we.& JesusJ. p�(Jut 09:17CDT) For: SAIC Jason Kane Jay Cha pa SAIC - Criminal Investigations Division Deputy City Manager City of Fort Worth 1 /5/22 Date: Ju2021 Date.l 28� APPROVED AS TO FORM AND LEGALITY Date: J u 128, 2021 Taylor C. Paris Assistant City Attorney ATTESTED BY: Date: Jan 24, 2024 Jannette Goodall City Secretary CONTRACT COMPLIANCE MANAGER: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. Adriana Gonzales (Ju128, 202109:34 CDT) Adriana Gonzales Management Analyst FOR OFFICIAL USE ONLY Date: J u 128, 2021 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX CITY COUNCIL AGENDA Official site of the City of Fort Worth, Texas FoRTWORm Ir- DATE: 3/2/2021 REFERENCE NO.: **M&C 21-0157 LOG NAME: 35FY2021USSSCFTF CODE: C TYPE: CONSENT PUBLIC HEARING: NO SUBJECT: (ALL) Authorize Execution of an Agreement with the United States Secret Service for Participation in the Cyber Fraud Task Force, Authorize the Acceptance of Funds in an Amount Up to $15,000.00 for the Reimbursement of Overtime Costs and Other Expenses for Participation in the Cyber Fraud Task Force, and Adopt Appropriation Ordinance RECOMMENDATION: It is recommended that the City Council: 1. Authorize the execution of an agreement with the United States Secret Service for participation in the Cyber Fraud Task Force; 2. Authorize the acceptance of funds in an amount up to $15,000.00, for the reimbursement of overtime costs and other expenses for one officer assigned to the Cyber Fraud Task Force; and 3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grants Operating Other Fund in an amount up to $15,000.00 upon execution of the agreement. DISCUSSION: The United States Secret Service (USSS) has merged two of its task forces into a single unified network, the Cyber Fraud Task Force. The mission of the Cyber Fraud Task Force (CFTF) is to prevent, detect, and mitigate complex cyber enabled crimes. The CFTF allows for better data sharing, institutional alliance, and investigative skills development. The Treasury Forfeiture Act of 1992, 31 U.S.C. § 9705 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. The Fort Worth Police Department will assign one officer to the Cyber Fraud Task Force. The City of Fort Worth will be reimbursed by the USSS for overtime costs and other expenses directly related to the department's participation in the CFTF in an amount up to $15,000.00. Benefits such as retirement, FICA and other expenses are not reimbursable. This is a reimbursement agreement and indirect costs are prohibited. No matching funds are required. This Task Force serves all Council Districts. FISCAL INFORMATION/CERTIFICATION: The Director of Finance 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, in the Grants Operating Other Fund. The Police Department (and Financial Management Services) will be responsible for the collection and deposit of funds due to the City. Prior to expenditure being incurred, the Police Department has the responsibility to validate the availability of funds. This is a reimbursement grant. TO Fund Department Account Project Program Activity Budget Reference # Amount ID ID Year (Chartfield 2) FROM Fund Department Account Project Program Activity Budget Reference # Amount ID ID Year (Chartfield 2) Submitted for City Manaaer's Office by: Originating Department Head: Additional Information Contact: ATTACHMENTS 35FY2021 USSSCFTF 21003.docx Jay Chapa (5804) Neil Noakes (3654) Adriana Gonzales (4217) Shannon, Sarah From: Paris, Taylor Sent: Wednesday, January 24, 2024 1:18 PM To: Shannon, Sarah Subject: Re: TEOAF Funds - FY 24 I do not see anything that limits us to a particular fiscal year or term limit in the MOU. Looks good to go to me. Taylor C. Paris Assistant City Attorney II 200 Texas Street Fort Worth, Texas 76102 Tel:817-392-6285 Tavlor.Parisnn,fortworthtexas.gov City of Fort Worth — Working together to build a strong community. flTYVORTH. RECIPIENTS - PLEASE CONTACT ME PRIOR TO FORWARDING MESSAGES DESIGNATED AS ATTORNEY -CLIENT COMMUNICATIONS. This e-mail and any files transmitted with it are confidential and are intended solely for the use of the individual or entity to which they are addressed. This communication may contain material protected by the attorney -client privilege. If you are not the intended recipient or the person responsible for delivering the e-mail to the intended recipient, be advised that you have received this e-mail in error and that any use, dissemination, forwarding, printing, or copying of this e-mail is strictly prohibited. If you have received this e-mail in error, please immediately notify Taylor C. Paris at the City of Fort Worth City Attorney's Office (817) 392-6285. From: Shannon, Sarah <Sarah.Shannon@fortworthtexas.gov> Sent: Wednesday, January 24, 2024 12:36 PM To: Paris, Taylor <Taylor.Paris@fortworthtexas.gov> Subject: FW: TEOAF Funds - FY 24 Good Afternoon Taylor! Hoping you can help us with this situation. In 2021, we entered into a contract with the United States Secret Service. They never returned a signed copy until we had an officer finally participate in their task force program a few days ago. Is this MOU still valid and can we route it to the City Secretary for signature and a CSC number? Thanks! Sarah Shannon Finance Manager FWPD 817-392-4254 Take our Customer Service Survey From: Gonzales, Adriana <Adriana.Gonzales@fortworthtexas.gov> Sent: Wednesday, January 24, 2024 12:02 PM To: Shannon, Sarah <Sarah.Shannon@fortworthtexas.gov> Cc: Evans, Shundalyn J <Shundalyn.Evans @fortworthtexas.gov> Subject: RE: TEOAF Funds - FY 24 Hello, USSS has provided the attached MOU for CFTF (Cyber Fraud Task Force). This has not been filed with City Secretary. I searched and couldn't find it. Do you think City Sec will accept it and assign a City Sec Contract #? We were allocated $6,000 for FY24, see beginning of email string. Thanks, Adriana From: Shannon, Sarah Sent: Tuesday, January 23, 2024 2:08 PM To: Gonzales, Adriana <Adriana.Gonzales@fortworthtexas.eov> Cc: Evans, Shundalyn J <Shundalyn.Evans @fortworthtexas.eov> Subject: RE: TEOAF Funds - FY 24 I have not heard anything new on this..... I thought we were still waiting for USSS Thanks! Sarah Shannon Finance Manager FWPD 817-392-4254 Take our Customer Service Survey From: Gonzales, Adriana <Adriana.Gonzales@fortworthtexas.gov> Sent: Tuesday, January 23, 2024 1:57 PM To: Shannon, Sarah <Sarah.Shannon@fortworthtexas.eov> Cc: Evans, Shundalyn J <Shundalvn.Evans @fortworthtexas.gov> Subject: FW: TEOAF Funds - FY 24 Good Afternoon! Sarah - Do you have anything for USSS, or heard anything recently? It is not fresh on my mind. In the task force folder under USSS, I see files dating to FY21 where I routed an MOU. There may have been a completely executed MOU from 2021, 1 am researching. Thanks, Adriana Gonzales FWPD I Finance Office 817.392.4217 1 505 W Felix St FORT WORTH ra Take our Customer Service Survev From: Wright, Cory Sent: Tuesday, January 23, 2024 1:27 PM To: Gonzales, Adriana <Adriana.Gonzales@fortworthtexas.aov> Cc: Parker, Christopher <Christopher.Parker@fortworthtexas.Rov>; Johnson, Brian <Brian.Johnson@fortworthtexas.Rov>; CHRISTINA MOORE (DAL) <Christina.Moore@usss.dhs.eov> Subject: FW: TEOAF Funds - FY 24 Adriana We have not worked any OT billable to the task force yet, as we were not sure on how to proceed with it. I CC'ed Christina Moore with the USSS Task Force as well. Let me know what you need from us. Thank you for your assistance. Officer C. Wright #4087 Internet Crimes Against Children Investigator Fort Worth Police Department North Texas ICAC Task Force US Secret Service Cyber Crime Task Force Office: (682)382-1527 .: ppYH Tek�s From: CHRISTINA MOORE (DAL) <Christina.Moore@usss.dhs.jzov> Sent: Tuesday, January 23, 2024 12:17 PM To: Parker, Christopher <Christopher.Parker@fortworthtexas.Rov>; Wright, Cory<Corv.Wrieht@fortworthtexas.jzov> Subject: TEOAF Funds - FY 24 CAUTION: This email originated from outside of the City of Fort Worth email system. Do not click any links or open attachments unless you recognize the sender and know the content is safe. Good afternoon, The new fiscal year funds have been allocated, and your department has been given $6,000. We ask that you please try and spend 25% of your funds every quarter. This year we are off to a bit of a late start with funds being distributed, my apologies for the delay. Just a friendly reminder: We ask that when requesting reimbursement for NON -OVERTIME expenditures, please seek pre -approval through SSA Desmond Pascoe. See attachment for more information regarding non -overtime vs. overtime expenditure and their requirements. Please do not forget supporting documentation for overtime being worked as well as verbiage as shown in the attached document for justification narrative. If proper documentation is not included as outlined previously and in the attached document, your department will experience significant delays with reimbursement processing or potentially have reimbursements be denied. We look forward to the start of this new fiscal year working with you. If you have any questions or concerns, or are a recently added TFO, please feel free to reach out to myself, SSA Desmond Pascoe, or ATSAIC Jason Caldwell. 14 2°d quarter: Jan. — Mar. 2024 3rd quarter: Apr. — Jun. 2024 4th quarter: Jul. — Sep. 2024 Thank You, Christina Moore Administrative Operations Specialist United States Secret Service Dallas Field Office (972) 868-3176 - Desk (915) 471-7287 - Cell