HomeMy WebLinkAboutC-8439-1 - Agreement Participating in the Treasury Forfeiture Fund for the Reimbursement of Expenses in Joint OperationsAGREEMENT BETWEEN U.S. CUSTOMS AND BORDER
PROTECTION, U.S BORDER PATROL SAN DIEGO SECTOR AND
(� NEWPORT BEACH POLICE DEPARTMENT, CALIFORNIA
PARTICIPATING IN THE TREASURY FORFEITURE FUND
FOR THE REIMBURSEMENT OF EXPENSES IN JOINT OPERATIONS
This agreement is entered into by the Newport Beach Police Department (hereinafter
referred to as "State/Local LEA") and the U.S. Customs and Border Protection (CBP),
U.S. Border Patrol (USBP) San Diego Sector, a participant in the Treasury Forfeiture
Fund (TFF), (hereinafter referred to as "TFF Agency") for the purpose of receiving
reimbursable costs incurred by the State/Local LEA in providing resources to joint
operations.
Reimbursements may be made to the extent they are included in the TFF Agency's
Fiscal Year Financial Plan, and the funds are available within the TFF to satisfy the
requests for reimbursement.
EXECUTION AND TERMINATION OF THIS AGREEMENT
This agreement is effective on the date it is signed by both parties to this
agreement, and terminates when explicitly terminated by either the TFF Agency
or the State/Local LEA.
II. AUTHORITY
This agreement is established pursuant to the provisions of 31 U.S.C. 9703 and
the Treasury Forfeiture Fund Act of 1992 which provide for the reimbursement of
certain expenses of state and local law enforcement agencies (LEAs) incurred as
participants in joint operations with federal LEAs participating in the TFF.
III. PURPOSE OF THIS AGREEMENT
This agreement establishes the procedures and responsibilities of both the
State/Local LEA and the TFF Agency for the reimbursement of certain overtime
and other expenses pursuant to 31 U.S.C. § 9703.
IV. CONDITIONS AND PROCEDURES
A. Compliance with Federal Statutes and Regulations
Compliance with 31 U.S.C. § 9703, the Treasury Forfeiture Fund Act of 1992 and
TEOAF Directive 18, "Policy for Reimbursements to State and Local Law
Enforcement Agencies Involved in Joint Operations with Federal Agencies
Participating in the Treasury Forfeiture Fund," is a requirement for this
agreement.
This agreement DOES NOT CONVEY ANY ADDITIONAL U.S. Customs
and Border Protection authority to the State/Local LEA.
TEOAF Directive 18 ATTACHMENT A A-1
B. Assignment of State/Local LEA Officers
The intent of this MOU is to provide additional law enforcement presence in order
to enhance border security.
This agreement is valid for all joint operations led by U.S.
Customs and Border Protection/U.S. Border Patrol CHIEF
PATROL AGENT SAN DIEGO SECTOR, with the participation of
the State/Local LEA and until terminated, in writing, by either
party.
To the maximum extent possible, the State/Local, LEA shall assign
dedicated officers to the joint operation.
3. Within 10 days of the effective date of this agreement, the State/Local LEA
shall provide the TFF Agency with the following information for each
officer assigned to the joint operation:
a. Name;
b. Title, grade, or rank;
C. Badge or ID number; and
d. Hourly overtime wage rate.
C. Requests for Reimbursement of Joint Operation Expenses
Reimbursement payments will be made by Electronic Funds Transfer. To
receive reimbursement payments, the State/Local LEA must ensure that
U.S. Customs and Border Protection, National Finance Center (NFC) has
a current ACH Form on file with the agency's bank account information,
for the purposes of Electronic Funds Transfer. 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 U.S. Customs and Border Protection,
National Finance Center as soon as possible.
2. The State/Local LEA may request reimbursement for payment of overtime
expenses directly related to work performed conducting official duties by
its officers assigned as members of a joint operation with U.S. Customs
and Border Protection/ U.S. Border Patrol for the purpose of conducting
official investigations. The State/Local LEA may also request
reimbursement for other non -overtime expenses directly related to the
designated joint operation.
3. Within 10 days of the effective date of this agreement, the State/Local LEA
shall provide the TFF Agency with the following information for the
designated point of contact:
a. Name;
b. Title;
TEOAF Directive 18 ATTACHMENT A A-2
C. Telephone number; and
d. Email address.
4. Requests for reimbursement for the payment of overtime and non -
overtime expenses to the StatelLocal LEA must be submitted on the
agency's letterhead or the TEOAF form, State or Local Law Enforcement
Agency Request for Reimbursement of Joint Operations Expenses (also
referred to as the 'Request for Reimbursement Form"), along with copies
of supporting documents (i.e., payroll records, receipts, invoices, etc.). If
on agency letterhead, the request must contain the same information
contained in the Request for Reimbursement Form.
(See Attachment C of TEOAF Directive 18, "Policy for Reimbursements to
State and Local Law Enforcement Agencies Involved in Joint Operations
with Federal Agencies Participating in the Treasury Forfeiture Fund, "for a
copy of the Request for Reimbursement Form.)
5. An authorized representative of the State/Local LEA must sign and certify
that the request is for overtime and/or other non -overtime expenses
incurred by the agency for participation with the joint operation under this
agreement. The State/Local LEA, shall also certify that the request has not
been made to any other federal LEA that may also be participating with the
joint operation.
The StatelLocal LEA acknowledges that the State/Local LEA remains fully
responsible for its obligations as the employer of the officers assigned to
the joint operation and is 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 incurred. Employer benefits are not reimbursable.
The State/Local LEA shall submit all Request for Reimbursement Forms,
together with the required supporting documentation, to the TFF Agency,
at the following address: CBP, USBP Chief Patrol Agent San Diego
Sector, 2411 Boswell Road, Chula Vista, CA 91914-3519, Attn: Assistant
Chief Patrol Agent Ryan Yamasaki, Ph. (619) 216-4004
Ryan.Yamasaki@CBP.DHS.GOV.
8. All requests for reimbursement of costs incurred by the State/Local LEA
must be approved and certified by the TFF Agency. The TFF Agency
shall countersign the Request for Reimbursement Forms.
9. The maximum reimbursement for overtime worked on behalf of the joint
operation under this agreement is set at $15,000 per officer per fiscal
year.
D. Program Audit
TEOAF Directive 18 ATTACHMENT A A-3
This agreement and its procedures are subject to audit by the Treasury Executive
Office for Asset Forfeiture (TEOAF), the TFF Agency, the Department of the
Treasury Office of Inspector General, the General Accounting Office, and any
other government -designated auditing organization. The State/Local LEA agrees
to permit such audits and agrees to maintain all records relating to these
transactions for a period of not less than three years; and in the event of an on-
going audit, until the audit is completed.
These audits may include reviews of any and all records, documents, reports,
accounts, invoices, receipts or expenditures relating to this agreement; as well as
the interview of any and all personnel involved in these transactions.
E. Revisions
The terms of this agreement may be amended upon the written approval of both
the State/Local LEA and the TFF Agency. The revision becomes effective upon
the date of approval.
F. No Private Right Created
This is an agreement between the U.S. Customs and Border Protection, U.S.
Border Patrol Chief Patrol Agent San Diego Sector and State/Local LEA and is
not intended to confer any right or benefit to any private person or party.
Jon T. Lewis
Chief of Police
Newport Beach Police Dept.
Richard A. Barlow
Chief Patrol Agent
U.S. Border Patrol
San Diego Sector
Date/.��/(
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: 174///v
By:
�__--
Aaron C. Harp, City Attorney
n.3o.i�0
dm$,
TEOAF Directive 18 ATTACHMENT A A-4
This agreement and its procedures are subject to audit by the Treasury Executive
Office for Asset Forfeiture (TEOAF), the TFF Agency, the Department of the
Treasury Office of Inspector General, the General Accounting Office, and any
other government -designated auditing organization. The State/Local LEA agrees
to permit such audits and agrees to maintain all records relating to these
transactions for a period of 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 or expenditures relating to this agreement; as well as
the interview of any and all personnel involved in these transactions.
E. Revisions
The terms of this agreement may be amended upon the written approval of both
the State/Local LEA and the TFF Agency. The revision becomes effective upon
the date of approval.
F. No Private Right Created
This is an agreement between the U.S. Customs and Border Protection, U.S.
Border Patrol Chief Patrol Agent San Diego Sector and State/Local LEA and is
not intended to confer any right or benefit to any private person or party.
Jon T. Lewis
Chief of Police
Newport Beach Police Dept.
Date: 12-' / Sly
Richard A. Barlow
Chief Patrol Agent
U.S. Border Patrol
San Diego Sector
Date: T
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: 17411/ro___
TEOAF Directive 18 ATTACHMENT A A4