Immigration & Customs-ICE/HSI-COT PD - April 2017 Memorandum of Understanding (MOU)
Between
Immigration & Customs Enforcement, Homeland Security
Investigations (ICE/HSI)
The Tigard Police Department
For the Reimbursement of Joint Operations Expenses from the
Treasury Forfeiture Fund
This Agreement is entered into by the Tigard Police Department (NCIC CODE
#OR0340400) and Immigration and Customs Enforcement (ICE), Homeland Security
Investigations (HSI), SAC Seattle for the purpose of the reimbursement of costs incurred
by the Tigard Police Department in providing resources to joint operations/task forces.
Payments may be made to the extent they are included in the ICE 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.
I. 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 the Tigard Police Department, and until terminated, in writing, by
either party.
V. TERMS,CONDITIONS,AND PROCEDURES
A. Assignment of Officer(s)
To the maximum extent possible, the Tigard Police Department shall
assign dedicated officers to any investigation or joint operation. Included
as part of this Agreement, the Tigard Police Department 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 Tigard Police Department may request the reimbursement of
overtime salary expenses directly related to work on a joint operation
with ICE/HSI SAC Seattle,performed by its officer(s) assigned to this
joint operation. In addition,the Tigard Police Department 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 Tigard Police Department may request the reimbursement of
the same expenses from any other Federal 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 Tigard Police Department 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.
3. In order to receive the reimbursement of officers' overtime and other
expenses related to joint operations, the Tigard Police Department
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 Tigard Police Department remains fully responsible, as the
employer of the officer(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 $17,758.00 per officer per
year.
6. The Tigard Police Department will submit all requests for the
reimbursement of joint operations' expenses to ICE HSI PORTLAND,
at the following address: 4310 SW Macadam Avenue, Suite #400,
Portland, OR 97239,Attn.ASAC Brian Widener, Ph. (503)326-5489.
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 Tigard Police Department
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.
VII. 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.
VIII. NO PRIVATE RIGHT CREATED
This is an internal government agreement between the ICE/HSI SAC Seattle
and the Tigard Police Department, and is not intended to confer any right or
benefit to any private person or party.
Signatures:
Brad BenAi
Special Agent in Charge Interim Police Chief
Homeland Security Investigations Tigard Police Department
SAC Seattle Washington County, Oregon
Date:�o ��� 1 Date: D 3