HomeMy WebLinkAboutImmigration and Customs Enforcement - 2018-09-28 MEMORANDUM 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 Huntington Beach Police Department (NCIC CODE # CA
0301000) and U.S. Immigration and Customs Enforcernen DICE), Homeland Security
Investigations for the purpose of the reimbursement of costs incurred by the Huntington Beach
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/Homeland Security
Investigations, with the participation of the Huntington Beach Police Department, and until
terminated, in writing, by either party.
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V. 'PERMS, CONDITIONS, AND PROCEDURES
A. Assignment of Officer(s)
To the maximum extent possible, the Huntington Beach Police Department shall
assign dedicated officers to any investigation or joint operation. Included as part
of this Agreement, the Huntington Beach Police Department shall provide
ICE/Homeland Security Investigations 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 Huntington Beach Police Department may request the reimbursement of
overtime salary expenses directly related to work on a joint operation with
ICE/Homeland Security Investigations, performed by its officer(s) assigned to
this joint operation. In addition, the Huntington Beach 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 ICE/Homeland Security
Investigations.
The Huntington Beach Police Department 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 Huntington Beach 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 Electromr Funds Transfer. The ACH Form
must be sent to the following address:
CBP National Finance Center
Attn: Forfeiture Fund
6650 Telecom Dr.
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 Huntington Beach Police Department must
submit to ICE/Homeland Security Investigations the TEOAF Form "Local,
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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 Huntington Beach 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$1_'5,000 pc- officer per year.
6. The Huntington Beach Police Department will submit all requests for the
reimbursement of joint operations' expenses to ICE/Homeland Security
Investigations, at the following address: j01 W. Ocean Blvd., Suite 71200,
Long Beach, CA 90802, Attention: Administrative Officer; telephone
number 562-624-3973 or 562-624-394 .
VI. PROGRAM AUDIT
This Agreement and its provisions are subject ro audit by ICE. the Department of the
Treasury Office of Inspector General, the General Accounting Office, and other
government designated auditors. The Huntington Beach 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 eveni 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 if_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 bet,.%een ICE/Homeland Security
Investigations and the Huntington Beach Police Department,and is not intended to
confer any right or benefit to any private person or party.
Signatures:
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Spt
gent ' Charge, Los Angeles Chief
IC d Security Investigations Huntington Beach Police Department
Da /� Date:_
APPROVED AS
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