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Home My WebLink About2014 Ordinance No. 015ORDINANCE NO. /6 SERIES OF 2014 BY AUTHORITY COUNCIL BILL NO. 16 INTRODUCED BY COUNCIL MEMBER OLSON AN ORDINANCE AUTHORIZING AN INTER GOVERNMENT AL AGREEMENT BETWEEN THE UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT AND HOMELAND SECURITY INVESTIGATIONS AND THE CITY OF ENGLEWOOD, COLORADO PERTAINING TO IMMIGRATION AND CUSTOMS ENFORCEMENT. WHEREAS, the 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 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; and WHEREAS, the agreement with Homeland Security Investigations (HSI) and Immigration and Customs Enforcement (ICE) establishes the City of Englewood Police Department participation as needed on joint operations and investigations that have a nexus to the City of Englewood; and WHEREAS, the Englewood Police Department will assign Englewood officer(s) to the Homeland Security Investigations or joint operations and WHEREAS, Englewood will remain responsible, as the employer of the officers assigned to the investigation, for payment of overtime salaries and related benefits (tax withholdings, insurance coverage, etc.) and all other requirements under the law, regulation, ordinance, or contract, regardless of the reimbursable overtime charges incurred; and WHEREAS, the Treasury Forfeiture Fund will reimburse overtime salaries only; and WHEREAS, Englewood will submit a Englewood Request for Reimbursement of Joint Operations Expenses for reimbursement for all reimbursement hours of overtime costs and all other expenses of the assigned Englewood officer(s) to the Treasury Forfeiture Fund for reimbursement; and 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 Agreement between the U.S. Immigration and Customs Enforcement and the City of Englewood, Colorado pertaining to Englewood's participation in the Homeland Security Investigations (HSI), Immigration and Customs Enforcement (ICE),joint operations/task forces, attached hereto as "Exhibit A". 9 b ii 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 17 th 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 19 th 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./5..... Series of 2014, on the 11th day of April, 2014. Published by title on the C ity's official website beginning on the 9th 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 ,a.)Eue copy of the Ordinance passed on final reading and published by title as Ordinance No. L2, Series of 2014. 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 1bis Memorandum. of Understanding (hereafter, "agreement") is entered into by the Englewood Police Department (NCIC CODE CODPD0000) and Homeland Security Investigations (HSI), Immigration and Customs Enforcement (ICE), for the pwpose of reimbursing costs incurred by the Englewood Police Department in providing resources to joint operations/task forces . Payments may be made to the extent that they are included in the ICE Fiscal Year Plan and the funding is available in the Treasury Forfeiture Fund to satisfy request(s) for the reimbursement of overtime and other law enforcement expenses related to joint operations. I. LIFE OF Tms AGREEMENT II. 1bis agreement becomes effective on the date it is signed by both parties and will remain in force unless explicitly terminated, in writing, by either party. AUTHORITY This agreement is established pursuant to the provisioqs of31 U.S.C. 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 . m. PURPOSE OF THIS AGREEMENT 1bis 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 u.s.c. 9703. IV. APPLICABILITY OF TIDS AGREEMENT 1bis agreement is valid for all joint investigations led by HSI with the participation of the Englewood Police Department and until terminated, in writing, by either party. V. TERMS, CONDITIONS, AND PROCEDURES A. Assignment of Officers To the maximum. extent possible, the Englewood Police Department shall assign dedicated officers to HSI investigations or joint operations. The Englewood Police Department shall provide HSI with the names, titles, last four digits of SSNs, badge or ID numbers, and hourly overtime wages of the officers assigned to the joint operation. I! X H I B I T A 2 B. Submission of Requests for Reimbursement and Supporting Documentation 1. The Englewood Police Department may request the reimbursement of overtime salary expenses directly related to work on a joint operation with HSI performed by officers assigned to this joint operation. Other investigative expenses (i.e., travel, fuel, training, equipment and other similar costs) incurred by members of the designated joint operation may also be reimbursable. Requests for reimbursement of overtime expenses should be submitted to the Special Agent in Charge, 5445 DTC Parkway, Suite 600, Greenwood Village , Colorado 80111, within thirty (30) days after the overtime costs have been incurred. The Englewood Police Department may not request reimbursement of the same expenses from any other Federal law enforcement agency that may also be participating in the investigation. 2. Reimbursement payments will not be made by check. The Englewood Police Department must ensure that the U.S. Customs and Border Protection, National Finance Center (CBP/NFC) has a current ACH form on file for the receipt of reimbursable expenses by electronic funds transfer. The completed, signed ACH form must be sent to: U.S. Customs and Border Protection National Finance Center Attn: Eliot VanVelzen -Forfeiture Ftmd Team 6650 Telecom Drive, Suite 100 Indianapolis, IN 46278 If any of the requesting agency's bank account information changes, a new ACH form must be completed and provided to the NFC as soon as possible. 3. In order to receive reimbursement of officers' overtime and other expenses related to joint operations, the Englewood Police Department must submit the "Local, County, and State Law Enforcement Agency Request for Reimbursement of Joint Operations Expenses" (invoice), signed by an authorized representative of the agency, and accompanied by a request for reimbursement on agency letterhead, along with supporting documents (i.e., copies of time sheets or receipts). 4. The Englewood Police Department remains fully responsible, as the employer of the officers assigned to the investigation, for payment of overtime salaries and related benefits (tax wi thholdings, insurance coverage, etc.) and all other requirements under the law, regulation, ordinance, or contract, regardless of the reimbursable overtime • charges incurred. The Treasury Forfeiture Ftmd will reimburse overtime salaries only; • benefits are not reimbursable. .. . 3 5. The maximum reimbursable entitlement for overtime worked on behalf of joint investigations is set at $15,000 per officer per year. 6. Requests for reimbursement of joint operations overtime and/or other expenses must be submitted to the Special Agent in Charge, Denver, Colorado, for certification and submission for payment. 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 Englewood Police Department agrees to permit such audits and agrees to maintain all records relating to these transactions for a period not less than 3 years and, in the event of an ongoing audit, until the audit is complete. These audits may include reviews of any and all records, documents, reports, accounts, invoices, and receipts of expenditures related to this agreement, as well as interviews of any and all personnel involved in these transactions. • VU. REVISIONS The terms of this agreement may only be amended upon the written approval of both parties. The revision becomes effective on the date of approval . VIIl. NO PRIVATE RIGHT CREATED This is an internal government agreement between ICE and Englewood Police Department and is not intended to confer any right or benefit to any private person or party. Kumar C. Kibble, Special Agent in Charge U.S . Immigration & Customs Enforcement 5445 DTC Parkway, Suite 600 Denver, Colorado 80204 Date: ------------ Randy Penn, Mayor City of Englewood 1000 Englewood Parkway Englewood, CO 80110 Date: ------------- ,,. • COUNCIL COMMUNICATION Date: Agenda Item: Subject: March 17, 2014 9 a ii Intergovernmental Agreement -Immigration and Customs Enforcement (ICE) 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 Homeland Security Investigations (HSI) and Immigration and Customs Enforcement (ICE) regarding our participation in joint operations and task forces. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED This agreement is established pursuant to the provisions of 31 U.S.C. 9703, the Treasury Forfeiture Fund Act of 1 992, 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. The Englewood Police Department will participate as needed on joint operations and investigations that have a nexus to the City of Englewood. FINANCIAL IMPACT There would be no financial cost to the Police Department. Any overtime would be eligible for reimbursement by the Treasury Forfeiture Fund. In addition, we would be eligible to share in asset forfeitures on a case-by-case basis. LIST OF ATTACHMENTS Bill for an Ordinance