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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