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CM-09-07-140AGREEMENT BETWEEN TREASURY LAW ENFORCEMENT AGENCIES and LOCAL, COUNTY AND STATE LAW ENFORCEMENT AGENCIES FOR THE REIMBURSEMENT OF EXPENSES ************* This agreement is entered into by the Round Rock Police Department and Internal Revenue Service, Criminal Investigation, for the purpose of receiving reimbursable 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 Treasury law enforcement agency'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 and terminates on the last day of the current Fiscal Year. Agreements are required on a Fiscal Year basis and must be renewed, if appropriate, by September 30th of each Fiscal Year for the following Fiscal Year. II. 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 the Treasury law enforcement agency. III. PURPOSE OF THIS AGREEMENT This agreement establishes the procedures and responsibilities of both the Round Rock Police Department and the Criminal Investigation, Internal Revenue Service, for the reimbursement of certain overtime and other expenses pursuant to 31 U.S.C. 9703. Form 9975 (Rev. 2-05) Cat. No. 22456K Department of the Treasury -- Internal Revenue Service Page 1 IV. NAME OF TASK FORCE/JOINT OPERATION (If Applicable) The Name of this Task Force is OPERATION EXODUS. Projected Dates of Remaining Operation: 07/01/2009 to 09/30/2009. V. CONDITIONS AND PROCEDURES A. Assignment of Round Rock Police Department Officers To the maximum extent possible, Round Rock Police Department shall assign dedicated officer(s) to the Task Force/Joint Operations. The Round Rock Police Department shall provide the Criminal Investigation, Internal Revenue Service, with the names, titles, badge or ID numbers of the officer(s) assigned to the Task Force/joint Operation in an attachment to this agreement. B. Requests for Reimbursement of Overtime Expenses 1. The Round Rock Police Department may request reimbursement for payment of overtime expenses directly related to work performed by its officer(s) assigned as members of a Joint Task Force/Operation with the Criminal Investigation, Internal Revenue Service, for the purpose of conducting official Treasury investigations. Form 9975 (Rev. 2-05) 2. The Round Rock Police Department shall provide the Criminal Investigation, Internal Revenue Service, within 10 days of the signing of this agreement, a mandatory ACH Vendor Payment Enrollment Form for Electronic Funds Transfer. 3. Invoices submitted for the payment of overtime to Round Rock Police Department officer(s) shall be submitted on the agency's letterhead. The invoice shall be signed by an authorized representative of that agency. 4. The Round Rock Police Department will submit all requests for reimbursable payments together with appropriate documentation to the Criminal Investigation, Internal Revenue Service, , ATTN: Mike A. Lamberth, Special Agent, 9430 Research Blvd. suite 303, Austin, Texas (512) 464-3020. The Round Rock Police Department shall certify that the request is for overtime expenses incurred by the Round Rock Police Department for Participation with a joint operation conducted with the Criminal Investigation, Internal Revenue Service. The Round Rock Police Department 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 with the task force/joint operation. Cat. No. 22456K Department of the Treasury -- Internal Revenue Service Page 2 The Round Rock Police Department acknowledges that they remain fully responsible for their obligations as the employer of the officer(s) assigned to the task force/joint operation and are responsible for the payment of overtime earnings, withholdings, insurance coverage and all other requirements by law, regulation, ordinance or contract regardless of the reimbursable overtime charges incurred. 5. All requests for reimbursement of costs incurred by the Round Rock Police Department must be approved and certified by the Criminal Investigation, Internal Revenue Service. The Treasury law enforcement agency shall countersign the invoices for payment. 6. All requests for reimbursement of costs are to be received by Criminal Investigation, Internal revenue Service no later than 15 days after the previous month end. These requests for reimbursement are to be for a full month time period, from the first day to the last day of the month. There should not be invoices covering only part of the month, as in 1/10/04 — 1/25/04. 7. The Round Rock Police Department is limited to a maximum reimbursement for all overtime expenses in connection with this operation of $4,000per year under this agreement. By statute, no single officer may earn more than $15,000.00 per fiscal year in overtime regardless of the number of agreements he/she is authorized on. Travel and related expenses should not exceed a maximum of $1000 for this task force/joint operation for the Fiscal Year period. 8. The total dollar value of this agreement may be adjusted at anytime by Criminal Investigation, Internal Revenue Service based upon the following: A) The Criminal Investigation, Internal Revenue Service may modify the total dollar obligation, resulting in an increase or decrease, if they determine that the original obligated amount is not commensurate with the rate of reimbursable requests, based on their analysis of submitted reimbursement requests. B) The adjustments to the total dollar value of this agreement may result in a partial and/or total reduction of reimbursement funds requested. Any modification made to an authorized agreement will be documented in writing and immediately provided to the impacted state and local agency. C. PROGRAM AUDIT This agreement and its procedures are subject to audit by the Criminal Investigation, Internal Revenue Service, 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 of 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 aII 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. Form 9975 (Rev. 2-05) Cat. No. 22456K Department of the Treasury -- Internal Revenue Service Page 3 D. REVISIONS The terms of this agreement may be amended upon the written approval of both the Round Rock Police Department and the Criminal Investigation, Internal Revenue Service. The revision becomes effective upon the date of approval. E. NO PRIVATE RIGHT CREATED This is an internal government agreement between a Treasury Law Enforcement Agency and the Round Rock Police Department, a Local/County/State Law Enforcement Agency, and is not intended to confer any right or benefit to any private person or party. ************* Signatur vAWt - (1)1(dp,�r 2Cc�p Print6ide)2 Name Title Round Rock Police Department Date: Clnc -1)Q-C-ne t'S Printed Name Title Chief Financial Officer Round Rock Police Department Date: Form 9975 (Rev. 2-05) Cat. No. 22456K Signature Printed Name Title Criminal Investigation San Antonio Field Office Internal Revenue Service Date: Signature Printed Name Title Criminal Investigation Internal Revenue Service Washington, DC Date: Department of the Treasury -- Internal Revenue Service Page 4