HomeMy WebLinkAboutR-2006-156 Immigration & Customs Enforcement (ICE) AgreementRESOLUTION NO. R-2006-156
A RESOLUTION authorizing and directing the City Manager to enter into an agreement with
Immigration and Customs Enforcement (ICE) for the purpose of receiving
reimbursable costs incurred by the Yakima Police Department for
providing resources to a joint operation/task force.
WHEREAS, the Immigration and Customs Enforcement Agency (ICE) has available
funds allocated to local offices to enter into inter -local agreements with State/Local law
enforcement agencies; and
WHEREAS, the Yakima ICE office wishes to utilize these funds to supplement their
resources by »tilizing Yakima Police Officers and reimbursing overtime for those officers
participating in the operation; and
WHEREAS, the City of Yakima would benefit from cooperation between ICE and YPD
in the targeted enforcement action proposed, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized and directed to execute the attached and
incorporated "Agreement Between Department of Homeland Security Law Enforcement
Agencies and Local, County and State Law Enforcement Agencies for the Reimbursement of
Expenses" for the purpose of receiving reimbursable costs incurred by the Yakima Police
Department for providing resources to a joint operation/task force.
ADOPTED BY THE CITY COUNCIL this s-, -nth day of November, 2006.
4/74/.
ATTEST:
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City Clerk
avid Edler,
ayor
MEMORANDUM OF UNDERSTANDING (MOIJ) 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 City of Yakima, Washington Police Department
(YPD) and Immigration and Customs Enforcement (ICE), SAC Seattle, Washington for
the purpose of the reimbursement of costs incurred by the YPD 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 SAC Seattle,
Washington, with the participation of the YPD, and until terminated, in writing, by
either party.
V. TERMS, CONDITIONS, AND PROCEDURES
A. Assignment of Officer(s)
To the maximum extent possible, the YPD shall assign dedicated officers
to any investigation or joint operation.
Included as part of this Agreement, the YPD shall provide the ICE SAC
Seattle, Washington 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 YPD may request the reimbursement of overtime salary expenses
directly related to work on a joint operation with ICE SAC Seattle,
Washington, performed by its officer(s) assigned to this joint
operation. In addition, the YPD 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 SAC Seattle, Washington.
The YPD 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 YPD 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.
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3. In order to receive the reimbursement of officers' overtime and other
expenses related to joint operations, the YPD must submit to ICE SAC
Seattle, Washington 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 YPD 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 YPD will submit all requests for the reimbursement of joint
operations' expenses to ICE SAC Seattle, Washington, at the
following address: 1000 2"d Avenue, Suite 2300, Seattle, WA 98104,
Attn. DSAC Mike McCool, Ph.(206) 553-0354
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 YPD 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 SAC Seattle,
Washington and the YPD, and is not intended to confer any right or benefit to
any private person or party.
Signatures:
R.A. Zais, M
City of Yakima
Date: ii 00/Oto
ager
CITY coNTRAC r NO: .Z,
RESOLUTION NO: ' �lB" S6
Date:
Mike McCoo , SAC
ICE SAC Seattle, WA
The Department of the Treasury
LOCAL, COUNTY AND STATE LAW ENFORCEMENT AGENCY
REQUEST FOR REIMBURSEMENT OF JOINT OPERATIONS EXPENSES
TO: ATF IRS X ICE USSS
NAME OF AGENCY:
ADDRESS:
CONTACT PERSON:
DATES FOR WHICH THIS REIMBURSEMENT IS REQUESTE FROM:
TFF TRACKINGNUMBER
REIM
OCDETF CASE:
OCDETF CASE #•
TAX IDENTIFICATION #:
YES
NO
TELEPHONE #.
TO:
OVERTIME EXPENSES
NAMES' OF:O.FFICERS
::OFARS
COST PER: HR:.:
CASE:W:
TOTAL OVERTIME AMOUNT REQUESTED:
TOTAL NUMBER OF REGULAR HOURS WORKED DURING THIS BILLING PERIOD ON CASES FOR WHICH OVERTIME
WAS REQUESTED BY THE OFFICERS LISTED ABOVE: HOURS
TOTAL AMOUNT REIMBURSEMENT REQUESTED:
ALL REQUESTS FOR REIMBURSEMENT OF EXPENSES MUST HAVE ATTACHED SUPPORTING DOCUMENTATION 'CERTIFIED
AS TRUE' BY A PRINCIPAL OFFICER OF THE AGENCY. THE SUPPORTING DOCUMENTATION SHALL CONSIST OF ORIGINAL OR
COPIES OF ORIGINAL INVOICES, STATEMENTS, BILLS, OR PAY RECORDS WITH INFORMATION STATING THE IMMIGRATION
AND CUSTOMS ENFORCEMENT CASE NUMBER, THE OFFICERS NAME, SSN, TITLE, DATES AND TIMES THE OFFICER WAS/WEI
ENGAGED IN OVERTIME ACTIVITY.
I CERTIFY THAT THE INFORMATION PROVIDED ABOVE OR AS ATTACHED HERETO IS ACCURATE AND
REPRESENTS ACTUAL COSTS INCURRED BY THIS AGENCY FOR PROVIDING RESOURCES TO THE DEPARTMENT
OF HOMELAND SECURITY LAW ENFORCEMENT AGENCY.
NAME TITLE/HEAD OF AGENCY SIGNATURE DATE
CERTIFIED BY:
Leigh H. Winchell, Special Agent In Charge, ICE, Seattle, Washington
TFF REVIEW DATE:
NOTE: OCDETF CASES - A copy of this document shall be sent to the Agency Core City Coordinator
TO: Yakima Police Department
Attn: Timothy Jensen
129 N. 2nd Street
Yakima, WA 98901
We are in receipt of your Agreement Request for State & Local Overtime Reimbursement. The
request is pending approval by our Headquarters office. Once approved we will send an approved
copy to you. DO NOT INCUR EXPENSES UNTIL AGREEMENT IS FULLY APPROVED.
x] Attached is a copy of your approved Agreement Request for State & Local Overtime Reimbursement,
Request to Establish Reimbursement in the amount of $5,000.00 (do not exceed), and a
copy of the Monthly Request for Reimbursement of Expenses form. Please submit your reimbursement
requests monthly. Negative reports are required. Requests must be received by this office
by the 5th of each month.
Attached is ACH Vendor/Miscellaneous Payment Enrollment Form (SF 3881). Please complete form and
return for processing.
n We have not received a list of employees participating in the Reimbursement of State & Local
Overtime Program as required by the agreement. Please provide a list of employees, titles, badge
or ID numbers, and hourly overtime wage rate of the officers assigned to the task force.
We have not received a Reimbursement Request package from you for more then 30 days. If your
records indicate that you have continued to work with Immigration and Customs Enforcement on our case,
please submit a reimbursement package within 15 days of the above date. Reimbursement requests
should be submitted on a monthly basis. MONTHS THAT HAVE NO. ACTIVITY REQUIRE A NEGATIVE
REPORT
Is what we show being available for reimbursement. If it appears you are going to go
over this amount please contact Allen Wearne at the phone number below with an estimate of
the amount of money you are going to be needing. We cannot guarantee any additional funding
but we will attempt to get additional funding from our Headquarters office.
If you have any questions or need additional information please contact Allen Wearne at
206-553-0354, or by return mail at address below.
Immigration and Customs Enforcement
Attn: Allen Wearne
1000 Second Avenue, Suite 2300
Seattle, WA 98104
cc: Group Supervisor/RAIC
Case Agent
REQUEST TO ESTABLISH REIMBURSEMENT FOR
LOCAL, COUNTY OR STATE LAW ENFORCEMENT AGENCIES
PARTICIPATING IN JOINT LAW ENFORCEMENT OPERATIONS
WITH TREASURY LAW ENFORCEMENT AGENCIES
SEATTLE
HOMELAND SECURITY AGENCY.
Immigration & Customs Enforcement
OCDETF % YES NO X
TEOAF TRACKING NUMBER
(WILL BE ASSIGNED BY TEOAF)
OCDETF CASE NUMBER:
MAILING ADDRESS:
1000 2nd Ave, Suite #2300
Seattle, WA 98104
FOR OVERTIME: X YES NO
REIM 107SE1658
FOR OTHER: YES NO
CONTACT TELEPHONE NUMBER:
206-553-0354
CONTACT PERSON:
Allen C. Wearne
REQUEST DATE:
HOMELAND SECURITY FIELD OFFICE
PPROVA , ME & SIGNATURE)
Pr
�(,(..I4eigh H. Winchell, SAC, Seattle
HOMELAND SECURITY HEADQUARTERS
APPROVAL (NAME, SIGNATURE & DATE)
FULL NAME, ADDRESS, TELEPHONE
AND TAXPAYER IDENTIFICATION NUMBER
OF LOCAL, COUNTY, STATE AGENCY
EXPENSES TO BE REIMBURSED
ESTIMATED COSTS
Yakima Police Dept
129 N. 2nd Street
Yakima, WA 98901
Tax ID # 91-6001293
Contact: Timothy Jensen
Telephone 509-576-6639
Payment of Overtime while
participating in ICE, 01 Operations
BEGINNING BALANCE
$5,000.00
INCREASES/DECREASES
TFF APPROVAL AND DATE
MAXIMUM FUNDS AVAILABLE
$5,000.00
ACCOUNTING DATA:
BFYS: 2007 FUND: 05640
BUDPLN: FF401 ORG: 98999000
PROGRAM: HQ01 OCC: 4115
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. /3
For Meeting of November 7, 2006
I I EM TITLE: Consideration of a resolution authorizing the City Manager to enter into an
agreement with Immigration and Customs Enforcement (ICE) for the purpose
of receiving reimbursable costs incurred by the Yakima Police Department for
providing resources to a joint operation/task force.
SUBMITTED BY: Chief Sam Granato
CONTACT PERSON/TELEPHONE: Chief Granato-575-6211
SUMMARY EXPLANATION: The Seattle Office of the Immigration and Customs Enforcement
(ICE) has requested the assistance of Yakima police officers in the ICE/Local Law Enforcement
Criminal Alien Operation. Although there is no specific "task force" currently in operation, the ICE
is requesting the assistance of local law enforcement agencies in targeting and apprehending the
"worst of the worst" criminal aliens. The range of criminal targets includes sex predators, gang
members, drug traffickers and will identify common criminal targets between agencies. All work
will be done on an overtime basis, not by officers on their regular duty schedule.
ICE will reimburse the Yakima Police Department up to $13,000 in eligible overtime expenses per
task force officer per fiscal year, with a combined maximum of $50,000 per year.
STAFF RECOMMENDATION: Adopt the resolution.
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION: Resolution adopted. RESOLUTION NO. R-2006-156