The URL can be used to link to this page

Home My WebLink AboutR-2005-191 Immigration & Customs Enforcement (ICE) AgreementRESOLUTION NO. R-2005-191 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 utilising 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 6th day of Dec ATTEST: City Clerk 005. Gf.t�c aul P. George, Mayor AGREEMENT BETWEEN DEPARTMENT OF HOMELAND SECURITY LAW ENFORCEMENT AGENCIES And LOCAL, COUNTY AND STATE LAW ENFORCEMENT AGENCIES FOR THE REIMBURSEMENT OF EXPENSES This agreement is entered into by City of Yakima, Washington Police Department (YPD) and Immigration and Customs Enforcement (ICE), Seattle, Washington, for the purpose of receiving reimbursable costs incurred by YPD in providing resources to joint operations/task forces. Payments may be made to the extent they are included in ICE's Fiscal Year Plan, and the monies are available within the Treasury Forfeiture Fund to satisfy the request(s) for reimbursable overtime expenses. I. LIFE OF THIS AGREEMENT This agreement is effective on the date it is signed by both parties to this agreement and terminates on the last day of the current Fiscal Year, FY 2006 (September 30, 2006). Agreements are required on a Fiscal Year basis and must b3e renewed, if appropriate, by September 30th of each Fiscal Year for the following Fiscal Year. H. AUTHORITY This agreement is established pursuant to the provisions of 31 U.S.C. 9703, the Treasury Forfeiture Fund Act of 1992 which provides for the reimbursement of certain expenses of local, county and state law enforcement agencies incurred as participants in joint operations/task forces with a Department of Homeland Security law enforcement agency. M. PURPOSE OF THIS AGREEMENT This agreement establishes the procedures and responsibilities of both YPD and ICE for the reimbursement of certain overtime and other expenses pursuant to 31 U.S.C. 9703. W. NAME OF TASK FORCE/JOINT OPERATION (If Applicable) The Name of this Task Force: ICE/Local Law Enforcement Criminal Alien Operation Projected Dates of Operation: October 1, 2005 to September 30, 2006 V. CONDITIONS AND PROCEDURES 1 A. Assignment of YPD Officer(s) When mutually beneficial to YPD and ICE supervisory personnel, YPD shall assign one dedicated officer(s) to dedicated joint YPD/ICE operations. Within 10 days of the effective date of this agreement, YPD shall provide ICE with the names, titles, badge or ID numbers of the officer(s) who may be assigned to joint operations. Further, YPD shall provide the hourly overtime wage rate of the officer(s) who may be assigned to joint operations. B. Requests for Reimbursement of Overtime and Investigative Expenses 1. YPD may request reimbursement for payment of overtime and investigative expenses directly related to work performed by its officer(s) assigned to joint operations with ICE for the purpose of conducting official Homeland Security investigations. 2. YPD shall provide ICE, within 10 days of the signing of this agreement, with the contact name, title, telephone number and address where the law enforcement agency wants the check for reimbursable overtime costs mailed to. YPD shall also provide the name to whom the check should be payable. 3. Invoices submitted for the payment of overtime and investigative expenses to local/county/state must be submitted on City of Yakima letterhead. The invoice shall be signed by an authorized representative of the City of Yakima. 4. The City of Yakima will submit all requests for reimbursable payments, together with appropriate documentation to ICE, ATTN: DSAC Mike McCool, 1000 2nd Avenue, Suite 2300, Seattle, WA 98104. The City of Yakima shall certify that the request is for overtime and/or investigative expenses incurred by YPD for participation with joint operations conducted with ICE. YPD shall also certify that requests for reimbursement of overtime expenses have not been made to other Federal law enforcement agencies who may also be participating in the same joint operations. YPD acknowledges that they remain fully responsible for their obligations as the employer of the officer(s) assigned to the task force and are responsible for the payment of investigative expenses and overtime earnings, withholdings, insurance coverage and all other requirements by law, regulation, ordinance or contract regardless of the reimbursable overtime and/or investigative expenses incurred. 4. All requests for reimbursement of costs incurred by YPD must be approved and certified by ICE. ICE shall countersign the invoices for payment. 2 5. The maximum reimbursement entitlement for overtime worked on behalf of ICE is set at $13,000 per officer assigned to joint operations for the Fiscal Year period. Furthermore, YPD is entitled to a combined maximum of $50,000 per year. VI. PROGRAM AUDIT This agreement and its procedures are subject to audit by ICE, the Department of Homeland Security, Office of Inspector General, the General Accounting Office, and other government designated auditors. YPD, through the City of Yakima, agrees to permit such audits and agrees to maintain all records relating to these transactions for a period of not Tess 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. VII. REVISIONS The terms of this agreement may be amended upon the written approval of both YPD and ICE. The revision becomes effective upon the date of approval. VIII. NO PRIVATE RIGHT CREATED This is an internal government agreement between a Homeland Security Law Enforcement Agency and a Local/County/State Law Enforcement Agency and is not intended to confer any right or benefit to any private person or parry. City of Yakima R.A. Zais, Jr. , City Manager Date: ) 2- — 7 —0 Attest: City of Yakima Immigratio and Customs Enforcement Date: ,37/ 04 (ICE Headquarters Office) Karen Roberts, City Clerk Name Title CITY CONTRACT O: RESOLUTfON BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. -i For Meeting of December 6, 2005 ITEM 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. SUBMI 1 1'hD 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. Resolution X Ordinance Contract X Other (Specify) Funding Source: APPROVED FOR SUBMITTAL: � J City Manager STAFF RECOMMENDATION: Adopt the resolution. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: Resolution adopted. RESOLUTION NO. R-2005-191