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Home My WebLink AboutMOU Between ICE and Sebastian Police DeptMEMORANDUM OF UNDERSTANDING (MOU) BETWEEN IMMIGRATION AND CUSTOMS ENFORCEMENT 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 SEBASTIAN POLICE DEPT. (NCIC Code # FL0310200 1 and Immigration and Customs F_,nforcement (ICE), SAC Miami Office for the purpose of the reimbursement of costs incurred by the SEBASTIAN POLICE DEPT. 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 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 overtime expenses pursuant to 31 USC 9703. IV. APPLICABILITY OF THIS AGREEMENT This agreement is valid for all joint investigations led by ICE, SAC Miami Office, with the participation of the SEBASTIAN POLICE DEPT . ,and until terminated, in writing, by either party. -2- V. TERMS, CONDITIONS, AND PROCEDURES A. Assignment of Officer(s) To the maximum extent possible, the SEBASTIAN POLICE DEPT. shall assign dedicated officers to any investigation or joint operation. Included as part of this Agreement, the SEBASTIAN POLICE DEPT. shall provide the ICE, SAC Miami Office with the names, titles, last four 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 The SEBASTIAN POLICE DEPT. may request the reimbursement of overtime salary expenses directly related to work on a joint operation with ICE, SAC Miami Office, performed by its officer(s) assigned to this joint operation. The SEBASTIAN POLICE DEPT. may not 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 SEBASTIAN POLICE DEPT. 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 SEBASTIAN POLICE DEPT. must submit to ICE, SAC Miami Office 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 SEBASTIAN POLICE DEPT. 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 $15,000 per officer per year. 6. The SEBASTIAN POLICE DEPT, will submit all requests for the reimbursement of joint operations' expenses to ICE, SAC Miami Office. VI. PIZOGRAI~iI A~L1DI'I' 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 SEBASTIAN POLICE DEPT. 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 inay 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. MAR. 19.2007 2:22PM DHS ICE OI -4- N0. 364 P. 2 VII. REVISIONS The tezms o£ this ,A.~reeanaezrt crtay be amEndEd, upon the written approval by both patties. The revision, becomes e~cctive on the date of approval. vl~. NO PRIVATE ~2TGT~T CREATED ~'hi9 is at1 internal go~v~~ernment agreement between the ICE, 5AC Miami Office and the SE:BA5~7~T POLIG~ D~• ,and is z~ot intended to cot~'er any right or benefit to at~y private pezsox~ or party, :. / ~ ~ ~ 1 ~./ K Perniciaro e: JAi~'S A. b,AVxS ' . D uty Special Agent in Charge T~ e: ~~' Z E, SAC Miami Office tatelLocal Agency: SEBASTIAN ~~~ p~~- Date: Date 03-13-2Q07 N b 1