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Home My WebLink About2014 Ordinance No. 014;. ORDINANCE NO. I lf SERIES OF 2014 BY AUTHORITY COUNCIL BILL NO. 15 INTRODUCED BY COUNCIL MEMBER OLSON AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT ENTITLED "MEMORANDUM OF UNDERSTANDING" BETWEEN THE UNITED STATES SECRET SERVICE AND THE CITY OF ENGLEWOOD, COLORADO PERTAINING TO COLORADO ELECTRONIC CRIMES TASK FORCE. 'WHEREAS, the U.S. Secret Service was mandated to establish a nationwide network of Electronic Crimes Task Forces (ECTFs); and 'WHEREAS, the Electronic Crimes Task Force (ECTF) network is to bring together not only federal, state and local law enforcement, but also prosecutors, private industry and academia for the purpose of prevention, detection, mitigation and aggressive investigation of attacks on the nation's financial and critical infrastructures; and 'WHEREAS, the U.S. Secret Service's ECTF and Electronic Crimes Working Group initiatives prioritize investigative cases that involve electronic crimes; and 'WHEREAS, these initiatives provide necessary support and resources to field investigations which meet the following criteria: significant economic or community impact; participation of organized criminal groups involving multiple districts or transnational organizations; and the use of schemes involving new technology; and 'WHEREAS, the MOU is established pursuant to provisions of the Treasury Forfeiture Fund Act of 1992, 31 USC 9703, as amended; which established the Department of the Treasury Forfeiture Fund and authorized the payment of certain overtime expenditures, travel, fuel, training, equipment and other similar costs of State and Local Law enforcement officers, that are involved in joint operations, with a Department of the Treasury law enforcement organization, as prescribed in 31 USC 9703 (a) (I) {hereinafter "overtime costs and other expenses"}; and 'WHEREAS, the Englewood Police Department will assign Englewood officer(s) to the Task Force to assist the U.S. Secret Service's Colorado Electronic Crimes Task Force in conducting official investigations, and Englewood will remain responsible for establishing the salary and benefits, including overtime of the officer(s) assigned to the Task Force and making all payments due to the assigned officer(s); and WHEREAS, Englewood will submit all reimbursement hours of overtime costs and all other expenses of the assigned Englewood officer(s) to the U.S. Secret Service Task Force for reimbursement; and 9 bi WHEREAS, federal funds are being used for this project. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The City Council of the City of Englewood, Colorado hereby authorizes the Memorandum of Understanding Between the United States Secret Service and the City of Englewood, Colorado pertaining to Englewood's participation in the Colorado Electronic Crimes Task Force (ECTF) and reimbursement to the City by the ECTF, attached hereto as "Exhibit A". Section 2. The Mayor is hereby authorized to sign said Agreement for and on behalf of the City of Englewood, Colorado. Introduced, read in full, and passed on first reading on the 171h day of March, 2014 . Published by Title as a Bill for an Ordinance in the City's official newspaper on the 21 st day of March, 2014. Published as a Bill for an Ordinance on the City's official website beginning on the 19th day of March, 2014 for thirty (30) days . Read by title and passed on final reading on the 7th day of April, 2014. Published by title in the City's official newspaper as Ordinance No. Ii., Series of 2014, on the 11th day of April, 2014. Published by title on the City's official website b eginning on the 911i day of April, 2014 for thirty (30) days. I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is ~W,le copy of the Ordinance passed on final reading and published by title as Ordinance No. J:t;Series of 2014. A-,~ • MEMORANDUM OF UNDERSTANDING BETWEEN THE Englewood Police Department AND THE UNITED STATES SECRET SERVICE The Englewood Police Department and the United States Secret Service (USSS) enter into this memorandum of understanding (MOU), which becomes effective with the signatures of both parties and remains in effect until terminated by the mutual agreement of the Englewood Police Department and the USSS or upon 30 day written notice by either party to this agreement. I. AUTHORITY This MOU is established pursuant to provisions of the Treasury Forfeiture Fund Act of 1992, 31 USC 9703, as amended. This act established the Department of the Treasury Forfeiture Fund and authorized the payment of certain overtime expenditures, travel, fuel, training, equipment and other similar costs of State and Local law enforcement officers, that are involved in joint operations, with a Department of the Treasury law enforcement organization, as prescribed in 31 USC 9703 (a)(l)(l)(hereinafter "overtime costs and other expenses"). II. PURPOSE • This MOU establishes the procedures and responsibilities of both the Englewood Police Department and the USSS for the reimbursement of certain overtime costs and other expenses pursuant to 31 USC 9703. m. CONDmONS AND PROCEDURES The parties agree to the following conditions: (a) The Englewood Police Department may request reimbursement of payment of overtime costs and other expenses directly related to work performed by its officer(s) assigned to assist the U.S. Secret Service's Colorado Electronic Crimes Task Force in conducting official investigations. The Englewood Police Department will submit all requests for reimbursement payments, together with appropriate documentation, to the U.S. Secret Service's Colorado Electronic Crimes Task Force Supervisor. Request for reimbursement will be based solely upon overtime worked and other expenses performed on behalf of the U.S. Secret Service's Colorado Electronic Crimes Task Force . (b) All reimbursement hours of overtime costs and all other expenses covered under this MOU must be approved and certified by the U.S. Secret Service Task Force supervisor. The reimbursable overtime payments will be based upon the actual e X H 1 B I T A hourly overtime rate, exclusive of matching employer contributions for any taxes or benefits. (c) The U.S. Secret Service Task Force supervisor will forward all approved reimbursement requests through the Special Agent in Charge (SAIC) Criminal Investigative Division, Office of Investigations, to the Treasury Forfeiture Fund,s payment agent, the U.S. Customs National Finance Center (NFC). (d) During the period of assignment to the Colorado Electronic Crimes Task Force, the Englewood Police Department will remain responsible for establishing the salary and benefits, including overtime of the officer(s) assigned to the Task Force and making all payments due them. Reimbursement under this MOU is contingent upon the availability of mandatory funds allocated to the U.S. Secret Service through the Department of the Treasury Forfeiture fund. (e) The Englewood Police Department shall permit and have readily available for examination and auditing by the U.S. Secret Service, the Department of Treasury, the Comptroller of the United States, and any of their duly authorized agents and representatives, any and all records, documents, accounts, invoices, receipts or expenditures relating to this agreement. They shall maintain all such records and reports until all audits and examinations are completed and resolved, or for a period of three (3) years, which ever is sooner. (f) Payments may be made to the extent they are included in the U.S. Secret Service Fiscal Year Plan and the monies are available within the Department of Treasury Forfeiture Fund to satisfy the request(s) for reimbursable expenses. It should also be understood that the total amount(s) made available to the U.S. Secret Service through the Department of the Treasury Forfeiture Fund, for reimbursement to the Englewood Police Department, could change at any time. (g) Pursuant to the Treasury Executive Office for Asset Forfeiture (TEOAF) directive number 18, the maximum reimbursement entitlement for overtime costs to any one law enforcement official cannot exceed fifteen-thousand ($15,000.00) dollars during the fiscal year. (h) This document does not obligate funds. Funding authority will be provided through other documents. • • • (i) The Englewood Police Department shall provide the U.S. Secret Service within 10 days of the signing of this MOU, with their agency's mailing address, contact name, telephone number and tax identification number. Further, this agency must provide the name, account number and ABA routing number of the financial institution where the (Name of Law Enforcement Agency) wants the Electronic Funds transfer (EF1) payment deposited for the reimbursement of overtime salary costs. Failure to provide this information within the prescribed period of time will nullify this MOU agreement. IV. REVISIONS The terms of this MOU may be amended upon the written approval of both the (Name of Law Enforcement Agency) and the U.S. Secret Service. Such amendment is effective upon the date of approval. U.S. Secret Service Denver Field Office SAIC Bruce Ward Date: ---------- SAIC Edward Lowery U.S. Secret Service, Office of Investigations Criminal Investigative Division Date: __________ _ Englewood Police Department Mayor Randy Penn· Date: _________ _ ' • COUNCIL COMMUNICATION Date: Agenda Item: Subject: March 17, 2014 9 a i Intergovernmental Agreement - Electronic Crimes Task Force Initiated By: Staff Source: Police Department COUNCIL GOAL AND PREVIOUS COUNCIL ACTION N/A RECOMMENDED ACTION Deputy Chief Jeff Sanchez The Police Department is recommending that City Council adopt a Bill for an Ordinance authorizing the Mayor to sign a Memorandum of Understanding with the United States Secret Service regarding our participation on the Colorado Electronic Crimes Task Force (ECTF). BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The U.S. Secret Service was mandated to establish a nationwide network of Electronic Crimes Task Forces (ECTFs). The concept of the ECTF network is to bring together not only federal, state and local law enforcement, but also prosecutors, private industry and academia. The common purpose is the prevention, detection, mitigation and aggressive investigation of attacks on the nation's financial and critical infrastructures. The Secret Service's ECTF and Electronic Crimes Working Group initiatives prioritize investigative cases that involve electronic crimes. These initiatives provide necessary support and resources to field investigations that meet any one of the following criteria: significant economic or community impact; participation of organized criminal groups involving multiple districts or transnational organizations; and the use of schemes involving new technology. FINANCIAL IMPACT There would be no financial cost to the Police Department. Any overtime would be reimbursed by the Secret Service. In addition, we would be eligible to share in asset forfeitures on a case-by-case basis. LIST OF ATTACHMENTS Bill for an Ordinance