HomeMy WebLinkAboutContract 29430 CITY SECRETARY
CONTRACT NO.
MEMORANDUM OF UNDERSTANDING
BETWEEN THE FORT WORTH POLICE DEPARTMENT
AND
THE UNITED STATES SECRET SERVICE
The Fort Worth 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 Fort Worth 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)(1)(hereinafter"overtime costs and C--)
other expenses"). __
II. PURPOSE
This MOU establishes the procedures and responsibilities of both the Fort Worth 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 Fort Worth 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 in conducting official
investigations. The Fort Worth Police Department will submit all requests
for reimbursement payments, together with appropriate documentation, to
the U.S. Secret Service's Task Force Supervisor, ATSAIC B.J. Flowers.
Request for reimbursement will be based solely upon overtime worked
and other expenses performed on behalf of the U.S. Secret Service
Southwest Financial Crimes Task Force.
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(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)
Financial Crimes 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 Southwest Financial Crimes Task
Force, the Fort Worth 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 Fort Worth 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 the 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
amounts(s) made available to the U.S. Secret Service through the
Department of the Treasury Forfeiture Fund, for reimbursement to the Fort
Worth Police Department, could change at any time.
(g) Pursuant to the Treasury Executive Office for Asset Forfeiture (TEOAF)
directive number IS, the maximum reimbursement entitlement for
overtime costs to any one law enforcement official cannot exceed thirteen-
thousand ($13,000) dollars during the fiscal year.
(h) This document does not obligate funds. Funding authority will be
provided through other documents.
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(i) The Fort Worth 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 Fort Worth 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.
IV. REVISIONS
The terms of this MOU may be amended upon the written approval of both the Fort
Worth Police Department and the U.S. Secret Service. Such amendment is effective
upon the date of approval.
U.S. Secret Service Fort Worth Police Department
Dallas Field Office
Ralph end za Ch' f of Police
SAICJoe P is u
ji -7. o Assi ant ty ter
Date:
Date: 10/2,
oe Approved for Form and Legality
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MAJC�Timothy J. Cadd aU.S. ecret Service, Office of Investigation
Financial
Date: C m� �>es Division
7 Ass ant City Attorney
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STATE OF TEXAS §
COUNTIES OF TARRANT §
AND DENTON
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
Texas, on this day personally appeared Ralph Mendoza, known to me to be the same
person whose name is subscribed to the foregoing instrument, and acknowledged to me
that the same was the act of the City of Fort Worth and that he executed the same as the
act of said City of Fort Worth for the purposes and consideration therein expressed and
in the capacity therein stated.
VEN UNDER MY HAND AND SEAL OF OFFICE this day
of , 2003 .
..........�tRYNotary PublW i and for
the State of Texas
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STATE OF TEXAS §
COUNTIES OF TARRANT §
AND DENTON
BERME, the undersigned authority, a Notary Public in and for the State of
Texas, on this day personally appeared Joe Paniagua, known to me to be the same
person whose name is subscribed to the foregoing instrument, and acknowledged to me
that the same was the act of the City of Fort Worth and that he executed the same as the
act of said City of Fort Worth for the purposes and consideration therein expressed and
in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day
of t�r , 2003.
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ROSELLA BARNES
NOTARY PUBLIC
sul*' State of Texas Notary Public in and for
°+9. rComm. Exp. 03-31-2005 the State of Texas
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STATE OF TEXAS §
COUNTY OF DALLAS §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
Texas, on this day personally appeared Mark L. Lowery known to me to be the same
person whose name is subscribed to the foregoing instrument, and acknowledged to me
that the same was for the purposes and consideration therein expressed, as the act and
deed of the U.S. Secret Service- Dallas Field Office, and in the capacity therein stated as
its duly authorized officer or representative. d
GIVEN UND R MY HAND AND SEAL OF OFFICE this `d day
of 20 0
Mark L. Lowery
Acting SAIC Dallas Field Office
Notary Public in and for
the State of Texas
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FY. YONTIM, MY.
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 10/28/2003
DATE: Tuesday, October 28, 2003
LOG NAME: 35SECRETSERVICE REFERENCE NO.: **C-19833
SUBJECT:
Execute a Memorandum of Understanding with the United States Secret Service to Assist the
Southwest Financial Crimes Task Force
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a memorandum of
understanding with the United States Secret Service's Southwest Financial Crimes Task Force to assist in
official investigations and to receive reimbursement for expenses. This agreement shall continue until
terminated by mutual agreement or upon 30 days written notice by either party to this agreement.
DISCUSSION:
The United States Secret Service has established the Southwest Financial Crimes Task Force. Pursuant to
the provisions of the Treasury Forfeiture Fund Act of 1992, the Department of the Treasury Forfeiture Fund
was established 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 the Department of the Treasury law enforcement organizations.
This agreement allows the Fort Worth Police Department to request reimbursement of payment of overtime
costs and other expenses directly related to work performed by its officers assigned to assist the United
States Secret Services' Southwest Financial Crimes Task Force in conducting official
investigations. Reimbursement for overtime payments to individual officers cannot exceed
$13,000. Reimbursements may also be requested for training (including travel), surveillance equipment,
cellular telephone costs, payments to informants, purchase of stolen property as evidence, rental or lease of
automobiles and parking, rental of off-site locations for electronic monitoring or command posts, cost of
translation of evidentiary tapes, and leasing of facsimile or copying machines. Total available funds are
contingent upon the extent to which funds are available in the United States Secret Service Fiscal Year
Plan and the monies are available within the Department of Treasury Forfeiture Fund.
The Fort Worth Police Department has one detective participating in this task force. All cases investigated
by this detective involve Fort Worth offenses and/or victims. The Department's participation has enhanced
investigative efforts concerning complex financial crimes and identity thefts. Participation has also given the
Fort Worth Police Department immediate access to equipment and expertise provided by the other
participating agencies.
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
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Submitted for City Manager's Office by: Joe Paniagua (6140)
Originating Department Head: Ralph Mendoza (48386)
Additional Information Contact: Susan Alanis (48262)
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