CM-2021-305 - 11/19/2021MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN
IMMIGRATION AND CUSTOMS ENFORCEMENT - HOMELAND
SECURITY INVESTIGATIONS, 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 Round Rock Police Department, NCIC CODE
#TX2460500 and Immigration Customs Enforcement (ICE), Homeland Security
Investigations (HSI), Special Agent in Charge (SAC), San Antonio, Texas for the
purpose of the reimbursement of costs incurred by the Round Rock Police Department in
providing resources to joint operations. -task forces.
Payments may be made to the extent they are included in the ICE.`HSI Fiscal Year Plan,
and the money is available within the Treasury Forfeiture Fund to satisfy the timely
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 9705, 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 9705.
IV. APPLICABILITY OF THIS AGREEMENT
This agreement is valid for all joint investigations led by Immigration Customs
Enforcement (ICE), Homeland Security Investigations (HSI) SAC, San Antonio, Texas,
with the participation of the Round Rock Police Department, and until terminated, in
writing, by either party.
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V. TERMS, CONDITIONS, AND PROCEDURES
A. Assignment of Officer(s)
To the maximum extent possible, the Round Rock Police Department shall
assign dedicated officers to any investigation or joint operation.
Included as part of this Agreement, the Round Rock Police Department
shall provide ICEIHSI SAC San Antonio, Texas 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
I . The Round Rock Police Department may request the reimbursement of
overtime salary expenses directly related to work on a joint operation
with ICEIHSI SAC San Antonio, Texas, performed by its officer(s)
assigned to this joint operation. In addition, the Round Rock 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 ICEIHSI SAC San Antonio, Texas.
The Round Rock 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 Round Rock 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 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 Round Rock Police
Department must submit to ICEiHSI SAC San Antonio, Texas 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 pay stubs and receipts.
4. The Round Rock 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 $15,000 per officer per year.
6. The Round Rock Police Department will submit all timely requests for
the reimbursement of joint operations' expenses to ICE;'HSI Assistant
Special Agent in Charge, Stanley T. Seto at the following address: 903
San Jacinto Blvd., Suite 1700, Austin, Texas 78701, Attn. MSS Lauren
Pierce, Phone 512-202-5923.
VI. PROGRAM AUDIT
This Agreement and its provisions are subject to audit by ICEiHSI, the
Department of the Treasury Office of Inspector General, the General
Accounting Office, and other government designated auditors. The Round
Rock 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 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.
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VIII. NO PRIVATE RIGHT CREATED
This is an internal government agreement between ICE:`HSI, SAC San
Antonio, Texas and the Round Rock Police Department., and is not intended to
confer any right or benefit to any private person or party.
Signatur
1�"
Special Agent in Charge Chief All anks
Homeland Security Investigations Round VckoliceDepartment
San Antonio, Texas Round ,Texas
Date: Date: tt t� 2oZ.
I.
.h,Ni�AV Ll—(? -
Laurie Hadley
City Manager
City of Round Rock
Date: Ifrlq'2r
ME
RauNo Roar City of Round Rock
rams Agenda Item Summary
Agenda Number:
Title: Consider authorizing MOU for the purpose of the reimbursement of costs incurred
in providing resources to joint operations/task forces.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 11/19/2021
Dept Director: Allen J. Banks
Cost:
Indexes:
Attachments: CMAF MOU with ICE_HSI.pdf, MOU Round Rock PD FY2022.pdf
Department: Police Department
Text of Legislative File CM-2021-305
The Police Department has personnel working an investigation that they initiated but has gone federal. The
U.S. Immigration Customs Enforcement (ICE) -Homeland Security Investigations (HSI) is willing to reimburse
our overtime costs - within certain bounds - for our personnel working this case. The Memorandum of
Understanding in question lays out the parameters of Round Rock PD costs that can be reimbursed by HSI.
Those costs include overtime, travel, equipment, and similar costs that can be tied directly to an ICE-HSI
investigation. The reimbursements come from U.S. Treasury Department forfeiture funds and are not
considered federal grants.
Reimbursements will come through Automated Clearing House (ACH) transactions, and there will be some
paperwork on the documentation side that the relevant Finance personnel are already familiar with. There
is a $15,000-per-officer cap on overtime reimbursement. Our Department will be obligated to maintain any
records related to reimbursement requests for three years, as they potentially are subject to audit by HIS
and the Treasury Department.
The agreement formalizes an existing relationship with the federal agencies involved.
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