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FORTWORTH
FORT WORTH POLICE DEPARTMENT
SPECIAL SERVICES BUREAU
INTELLIGENCE UNIT
350 W. BELKNAP ST.
FORT WORTH, TX 76102
(817)392-4460
UNITED STATES DEPARTMENT OF HOMELAND SECURITY
BUREAU OF IMMIGRATION AND CUSTOMS ENFORCEMENT
SPECIAL AGENT IN CHARGE
8585 N. STEMMONS FRWY
DALLAS, TEXAS 75247
(214) 767-7900
MEMORANDUM OF AGREEMENT
BETWEEN THE
UNITED STATES DEPARTMENT OF HIMELAND SECURTITY
BUREAU OF IMMIGRATION AND CUSTOMS ENFORCEMENT
AND
FORT WORTH POLICE DEPARTMENT
FOR
REIMBURSEMENT OF OVERTIME SALARY COSTS
The United States Department of Homeland Security Bureau of Immigration and
Customs Enforcement (BICE) and the Fort Worth Police Department(FWPD)
Intelligence Unit enter in this Memorandum of Agreement (MOA). It is for the purpose
of reimbursement of overtime salary costs incurred by the FWPD. The FWPD agrees to
provide resources to assist BICE, for the purposes of this agreement, in a specific
investigation titled:
{OPERATION CONTAINMENT)
Payments may be made to the extent that funds for such reimbursement are included in
USDHS/BICE Fiscal Year Plan (FY2005) and the monies are available to satisfy the
request(s) for reimbursable overtime expenses.
I. DURATION OF THIS MEMORANDUM OF AGREEMENT
This MOA is effective with the signatures of all parties and terminates at the close
of business on September 30, 2005, Subject to Section VII of the MOA. Funding
under this or a similar request for FY2005 will be contingent on both parties
agreeing. A new MOA will be resubmitted for approval to both agencies at that
time.
II. AUTHORITY
This MOA is established pursuant to the following provisions:
1. 31 U.S.C. 9703, the Treasury Forfeiture Fund Act of 1992, which provides for
the reimbursement of certain expenses of local, county, or State law
enforcement agencies incurred as participants in joint operations/task forces
with a Department of Treasury USDHS law enforcement agency.
2. Annual Treasury, Postal Service and General Government Appropriation Law,
which provides for the reimbursement of overtime salary coasts of local,
county, or State law enforcement operations.
The funding for future fiscal years are contingent upon 1) an executed agreement
for that fiscal year between BICE and the FWPD; 2) annual appropriation laws
and 31 U.S.C. Section 332. If available, funding will be provided through a
separate funding document.
III. PURPOSE OF THIS MEMORANUM OF AGREEMNT
This agreement establishes the procedures and responsibilities of both the FWPD
and BICE for the reimbursement of certain overtime expenses incurred pursuant
to the authority in Section 11.
IV. NAME OF JOINT OPERATION/TASK FORCE
The name of this joint operation/taskforce: OPERATION CONTAINMENT.
V. CONDITIONS AND PROCEDURES
A. The Fort Worth Police Department may assign 4 Officer(s) and or 4
Detective (s), 1 Office Assistant 11, 1 Sergeant and 1 Lieutenant on an as needed
basis, but not exceed this number, to assist BICE in this specific investigation or
any related BICE function in the Fort Worth, Texas area. To the maximum extent
possible, the Officer(s) and or Detective(s) will be assigned on a dedicated, rather
that rotational basis. The Fort Worth Police Department shall provide BICE with
the list of name(s).
B. The Fort Worth Police Department may request reimbursement for
payment of overtime expenses directly related to work performed by it's
officer(s) assigned as members of a joint operation/task force with BICE
for the purpose of conducting an official investigation. The FWPD
understands and agrees that billing for overtime reimbursement will be
based on an 8-hour workday. The United States Department of Homeland
Security BICE agrees to accept reimbursement requests for hours worked
in excess of 8 hours computed at time and a half of employee's hourly pay
grade. Work hours approved for employee's scheduled day off and
holidays will be considered in full for reimbursement at time and a half.
Overtime hours worked must be approved by the appropriate level of
FWPD supervision, in coordination with the appropriate BICE supervisor.
C. The Fort Worth Police Department shall provide the BICE SA1C Dallas
office, within ten (10) calendar days of the signing of this agreement, with
the financial institution where the law enforcement agency wants the
Electronic Funds Transfer(EFT) payment deposited for reimbursement.
The mechanism for this is the SF 3881, ACH Vendor/Miscellaneous
Payment Enrollment Form, which is Attachment A.
D. Invoices submitted for the payment of overtime to the Fort Worth Police
Department must be submitted on the agency's letterhead. An authorized
representative of that agency shall sign the invoice.
E. The Fort Worth Police Department will submit all requests for
reimbursable payments, together with the appropriate documentation
to the United States Department of Homeland Security BICE, Special
Agent in charge, 8585 N. Stemmons Frwy, Dallas, TX 75247. The Fort
Worth Police Department shall certify that the request is for overtime
expenses incurred by the Fort Worth Police Department for participation
with Operation Containment. 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 that may also be
participating with the operation/task force. The Fort Worth Police
Department acknowledges that they remain fully responsible for their
obligations as the employer of the officer(s) assigned to the operation/task
force and are 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.
F. All requests for reimbursement of costs incurred by the Forth Worth
Police Department must be approved and certified by BICE. The United
States Department of Homeland Security BICE shall countersign the
invoices of payment.
G. The maximum reimbursement entitlement for overtime worked on behalf
of the Fort Worth Police Department is set at $13,000.00 per officer
assigned to the operation/task force for the FY2005 period, under which
this agreement is signed.
VI. PROGRAM AUDIT
M This agreement and its procedures are subject to audit by BICE; the Department
0 of Homeland Security BICE— Office of Inspector General, the General Accounting
Office, and other authorized auditors. The Fort Worth Police Department agrees to
s
" permit such audits and agrees to maintain all records relating to these transactions for a
14
period of not less than three years; and in the event of an ongoing audit, until such time as
p� ,; , the audit is completed.
These audits 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 personal involved in these transactions.
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VII. REVISIONS
The terms of this agreement may be amended upon written approval by the
original parties, or their designated representatives. The amendment becomes effective
upon the date of approval. This agreement may be terminated at any time by either party
and shall not extend beyond September 30, 2005.
VIII. NO PRIVATE RIGHT CREATED
This is an internal government agreement between the United States Department
of Homeland Security BICE and the Fort Worth Police Department and is not intended to
confer any right or benefit to any private person or party.
R ph endoza Special Agent in Charge
Chief of Police U.S. Department of Homeland Security
l Fort Worth Police Department Immigration and Customs Enforcement
Fort Worth,Texas Dallas, Texas
Date: Date:
Joe P i ASMF AM
s scant city Manager �d
Date v
(�}�ty ttflflily
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 9/28/2004
DATE: Tuesday, September 28, 2004
LOG NAME: 35BICE REFERENCE NO.: **G-14515
SUBJECT:
Approve Memorandum of Agreement with U.S. Department of Homeland Security Immigration and
Customs Enforcement
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager to execute a memorandum of agreement with the U.S. Department
of Homeland Security Bureau of Immigration and Customs Enforcement; and
2. Authorize the agreement to begin October 1, 2004,and expire September 30, 2005, with up to
four one-year options to renew.
DISCUSSION:
The Fort Worth Police Department (FWPD) is cooperating in a joint operation/task force with the U.S.
Department of Homeland Security called Operation Containment. The purpose of the operation is to
collaborate on investigation of immigration and criminal organizations as they affect homeland security.
The Fort Worth Police Department Intelligence Unit may assign up to four officers and/or detectives, one
Office Assistant II, one sergeant and one lieutenant on an as-needed basis for this endeavor. The FWPD
may submit requests for reimbursement of associated overtime not to exceed $13,000 per employee. The
Intelligence Unit is currently funded by the Crime Control and Prevention District (CCPD) Fund. Any
reimbursements will be deposited back to the CCPD Fund as appropriate.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that the Police Department will be responsible for the collection of revenues
under this agreement.
TO Fund/Account/Centers FROM Fund/Account/Centers
GR79 465085 0359203 0.00
Submitted for City Manager's Office by: Joe Paniagua (6140)
Onginating_Department Head: Ralph Mendoza (392-4210)
Additional Information Contact: Susan Alanis (392-4221)
Logname: 35BICE Page 1 of 1