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HomeMy WebLinkAboutPD13-157 - Original - Immigration & Customs Enforcement (ICE) - MOU: Reimbursement of Joint Operations Expense - 06/05/2013 i Records M em\,L e 4 KENT Document WA9NINOTON CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed. If you have questions, please contact City Clerk's Office. Vendor Name: State of Washington and Immigration and Customs Enforcement Vendor Number: JD Edwards Number Of) Contract Number; f u 3�ls This is assigned by City Clerk's Office Project Name: MOU for Reimbursement of Joint Operations Expenses from the Treasury Forfeiture Fund Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ❑ Contract ® Other: Memorandum of Understanding Contract (Effective Date: 6/5/13 Termination Date: Notice Contract Renewal Notice (Days): Automatica Number of days required notice for termination or renewal or amendment Contract Manager: Kim Komoto Department: Police/Law Detail: (i.e. address, location, parcel number, tax id, etc.): s:Publlc\RecordsManagement\Forms\CorntractCover\adcc7832 1 11/08 MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN IMMIGRATION AND CUSTOMS ENFORCEMENT (ICE) HOMELAND SECURITY INVESTIGATIONS (HSI) AND LOCAL, COUNTY, OR STATE LAW ENFORCEMENT AGENCY FOR THE REIMBURSEMENT OF JOINT OPERATIONS EXPENSES FROM THE TREASURY FORFEITURE FUND This Agreement is entered into by the Kent Police Department, State of Washington (KPD)and Immigration and Customs Enforcement(ICE), Homeland Security Investigations (HSI) Special Agent in Charge (SAC) Seattle for the purpose of the reimbursement of costs incurred by KPD in providing resources to joint operations/task forces. Payments may be made to the extent they are included in the ICE HSI 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. T. 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 HSI SAC Seattle,with the participation of KPD, and until terminated, in writing, by either party. V. TERMS, CONDITIONS, AND PROCEDURES A. Assignment of Officer(s) To the maximum extent possible, the KPD shall assign dedicated officers/detectives to any investigation or joint operation. Included as part of this Agreement,the KPD shall provide the ICE HSI SAC Seattle 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 KPD may request the reimbursement of overtime salary expenses directly related to work on a joint operation with ICE HSI SAC Seattle,performed by its officers)/detective(s) assigned to this joint operation.In addition, the KPD may request reimbursement of other investigative expenses, such as travel,fuel,training, equipment and other similar costs, incurred by officer(s) assigned as members of the designated joint operations with the ICE HSI SAC Seattle The KPD may not request the reimbursement of the same expenses from any other Fedeial 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 KPD 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 6026 LAKESIDE BLVD. 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. -2- 3. In order to receive the reimbursement of officers' overtime and other expenses related to joint operations, the KPD must submit to ICE HSI SAC Seattle the TEOAF Form"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 KPD remains fully responsible,as the employer of the officers)/detective(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 reimburses 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 KPD will submit all requests for the reimbursement of joint operations' expenses to ICE HSI SAC Seattle, at the following address: 1000 2nd Avenue Suite 2300, Seattle, WA 98104,Attn. Deputy Special Agent in Charge(DSAC) Dave Shaw, Ph. 206-442- 1445 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 KPD 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 related to this agreement, as well as interviews of any and all personnel involved in these transactions. -3- V1I. 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. VM. NO PRIVATE RIGHT CREATED This is an internal government agicement between the ICE HSI SAC Seattle and the KPD,and is not intended to confer any right or benefit to any private person or party. Signatures: �. l2-/C/ Brad Bench Ken Thom s Special Agent in Charge Chief of Police Homeland Security Investigations Kent Police Department Seattle, Washington Kent, Washington Date: Date S o -4-