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Home My WebLink AboutResolution No. 2016-062 MOU Financial Crimes Task Force . {v9tNA1r4^ ow e 0 NCO � .by •'N�RlOtNT� City of Edina RESOLUTION NO. 2016-62 RESOLUTION APPROVING HOMELAND SECURITY JOINT POWERS AGREEMENTS WITH THE CITY OF EDINA ON BEHALF OF ITS POLICE DEPARTMENT REGARDING REIMBURSEMENT OF JOINT OPERATIONS EXPENSES FROM THE TREASURY FORFEITURE FUND WHEREAS, the City of Edina on behalf of its Police Department desires to enter into Joint Powers Agreements with Homeland Security for the purpose of the reimbursement of costs incurred by the Edina Police Department in providing resources to joint operations/task forces. NOW, THEREFORE, BE IT RESOLVED by the City Council of Edina, Minnesota as follows: I. This Agreement becomes effective the date it is signed by both parties. It remains in force unless explicitly terminated, in writing, by either party. 2. This Agreement is established pursuant to the provisions of 31 USC 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. 3. This Agreement establishes the responsibility of both parties and the procedures for the reimbursement of certain overtime expenses and other law enforcement expenses pursuant to 31 USC 9703. 4. This Agreement is valid for all joint investigations led by the HIS St. Paul office with the participation of the Edina Police Department, and until terminated, in writing, by either party. 5. That James B. Hovland, Mayor and Scott H. Neal, City Manager for the ity of Edina are authorized to sign the State of Minnesota Joint Powers Agreements. Passed and Adopted by the Council on this 21 st day of June 2016. Attest: ----- Debra A. Mangen, Ci Cle4J James B. Hovland, Mayor STATE OF MINNESOTA) COUNTY OF HENNEPIN) SS CITY OF EDINA ) CERTIFICATE OF CITY CLERK I, the undersigned duly appointed and acting City Clerk for the City of Edina do hereby certify that the attached and foregoing Resolution was duly adopted by the Edina City Council at its Regular Meeting of June 21, 2016, and as recorded in the Minutes of said Regular Meeting. WITNESS my hand and seal of said City this /'4—f day of ty er Edina Police Department Administration (952) 826-1610 4801 West 50th Street Fax (952) 826-1607 Edina, Minnesota Police 24 hr. and TDD Line(952) 826-1600 55424-1394 . s MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN 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 Edina, Minnesota Police Department, 4801 West 50`" Street, Edina, Minnesota 55424-1394 (NCIC CODE (AGENCY NCIC CODE)) and Homeland Security Investigations (HSI) St. Paul office for the purpose of the reimbursement of costs incurred by the Edina Police Department in providing resources to joint operations/task forces. Payments may be made to the extent they are included in the HSI Fiscal Year Plan, and the money is available within the Treasury Forfeiture Fund to satisfy the 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 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. 111. 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 9703. IV. APPLICABILITY OF THIS AGREEMENT This agreement is valid for all joint investigations led by the HSI St. Paul office with the participation of the Edina Police Department, and until terminated, in writing, by either party. -2- V. TERMS, CONDITIONS, AND PROCEDURES A. Assignment of Officer(s) To the maximum extent possible, the Edina Police Department shall assign dedicated officers to any investigation or joint operation. Included as part of this Agreement, the Edina Police Department shall provide the HSI St. Paul office 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 1. The Edina Police Department may request the reimbursement of overtime salary expenses directly related to work on a joint operation with the HSI St. Paul office performed by its officer(s) assigned to this joint operation. In addition, the Edina 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 the HSI St. Paul office. The Edina 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 Edina 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. -3- 3. In order to receive the reimbursement of officers' overtime and other expenses related to joint operations,the Edina Police Department must submit to the HSI St. Paul office 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 copies of time sheets and receipts. 4. The Edina 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 Edina Police Department will submit all requests for the reimbursement of joint operations' expenses to the HSI St. Paul office at the following address: 1 Federal Drive, Suite 1340, Ft. Snelling, MN, 55111 Attn: Group Supervisor Christopher Oelkers, telephone number: 612-843-8843. VI. PROGRAM AUDIT This Agreement and its provisions are subject to audit by HSI, the Department of the Treasury Office of Inspector General, the General Accounting Office, and other government designated auditors. The Edina 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. -4- VIII. NO PRIVATE RIGHT CREATED This is an internal government agreement between HSI St. Paul and the Edina Police Department and is not intended to confer any right or benefit to any private person or party. Signatures: ae A. Khu Dave Nelson Acting Special Agent in Charge Chief of Police Homeland Security Investigations Edina Police Department U.S. Department of Homeland Security JUL 13 2016 Date: Date: 11/ G James Hovland 5-c-o-t"FNeal Mayor City Manager City of Edina City of Edina Date: -Q I c Date: b ta--� Facts and Tidbits Permissible Reimbursement Costs • T 0 travel training, surveillance -Nnt, M 1 phones expenses; 4, equipm( POIIPOI�; space rental; equipment rental; automobile rental; fuel. Homeland i Security j • Remote body-worn transceivers for UC; w Investigations purchase of unmarked vehicles; rental of off-site locations for electronic monitoring, command post, store front operations, office equipment. • Replacement of K-9; dash board US. Immigration and Customs mounted cameras; drills; scopes; non Enforcement standard issued equipment