AGREEMENT BORDER PATROL.PDF

AGREEMENT BETWEEN FEDERAL LAW ENFORCEMENT AGENCY
PARTICIPATING IN THE TREASURY FORFEITURE FUND AND
STATE OR LOCAL LAW ENFORCEMENT AGENCY
FOR THE REIMBURSEMENT OF EXPENSES IN JOINT OPERATIONS
This agreement is entered into by the Maricopa County on behalf of the Maricopa
County Sheriff's Office (NCIC CODE #AZ0070000) (hereinafter referred to as
"State/Local LEA") and the United States Border Patrol, Tucson Sector, a participant in
the Treasury Forfeiture Fund (TFF), (hereinafter referred to as "TFF Agency") for the
purpose of receiving reimbursable costs incurred by the State/Local LEA in providing
resources to joint operations.
Reimbursements may be made to the extent they are included in the TFF Agency's
Fiscal Year Financial Plan, and the funds are available within the TFF to satisfy the
requests for reimbursement.
I. EXECUTION AND TERMINATION OF THIS AGREEMENT
This agreement is effective on the date it is signed by both parties to this
agreement and terminates when explicitly terminated by either the TFF Agency
or the State/Local LEA.
II. AUTHORITY
This agreement is established pursuant to the provisions of 31 U.S.C. 9703 and
the Treasury Forfeiture Fund Act of 1992 which provide for the reimbursement of
certain expenses of state and local law enforcement agencies (LEAs) incurred as
participants in joint operations with federal LEAs participating in the TFF.
III. PURPOSE OF THIS AGREEMENT
This agreement establishes the procedures and responsibilities of both the
State/Local LEA and the TFF Agency for the reimbursement of certain overtime
and other expenses pursuant to 31 U.S.C. § 9703.
IV. NAME OF TASK FORCE (if applicable)
The name of this task force is: N/A.
The projected dates of operation are: N/A to N/A.
V. CONDITIONS AND PROCEDURES
A. Compliance with Federal Statutes and Regulations
TEOAF Directive 18 ATTACHMENT A A-1

Compliance with 31 U.S.C. § 9703, the Treasury Forfeiture Fund Act of 1992 and
TEOAF Directive 18, "Policy for Reimbursements to State and Local Law
Enforcement Agencies Involved in Joint Operations with Federal Agencies
Participating in the Treasury Forfeiture Fund," is a requirement for this
agreement.
B. Assignment of State/LocalLEAOfficers
1. The State/Local LEA agrees to use its best efforts to assign dedicated
officers to any investigation or joint operation.
2. Within 10 days of the effective date of this agreement, the State/Local LEA
shall provide the TFF Agency with the following information for each
officer assigned to the joint operation:
a. Name;
b. Title, grade, or rank;
c. Badge or 10 number; and
d. Hourly overtime wage rate.
C. Requestsfor Reimbursementof Joint OperationExpenses
1. The State/Local LEA may request reimbursement for payment of overtime
expenses directly related to work performed by its officers assigned as
members of a joint operation with the TFF Agency for the purpose of
conducting official investigations. The State/Local LEA may also request
reimbursement of other non-overtime expenses directly related to the joint
operation.
2. Within 10 days of the effective date of this agreement, the State/Local LEA
shall provide the TFF Agency with the following information for the
designated point of contact:
a. Name;
b. Title;
c. Telephone number; and
d. Email address.
3. Requests for reimbursement for the payment of overtime and non-
overtime expenses to the State/Local LEA must be submitted on the
agency's letterhead or the TEOAF form, State or Local Law Enforcement
Agency Request for Reimbursement of Joint Operations Expenses (also
referred to as the "Request for Reimbursement Form"), along with copies
of supporting documents (i.e., payroll records, receipts, invoices, etc.). If
TEOAF Directive 18 ATTACHMENT A A-2

on agency letterhead, the request must contain the same information
contained in the Request for Reimbursement Form.
(See Attachment C of TEOAF Directive 18, "Policy for Reimbursements to
State and Local Law Enforcement Agencies Involved in Joint Operations
with Federal Agencies Participating in the Treasury Forfeiture Fund," for a
copy of the Request for Reimbursement Form.)
4. An authorized representative of the State/Local LEA must sign and certify
that the request is for overtime and/or other non-overtime expenses
incurred by the agency for participation with the joint operation under this
agreement. The State/Local LEA shall also certify that the request has not
been made to any other federal LEA that may also be participating with
the joint operation.
5. The State/Local LEA acknowledges that the agency remains fully
responsible for its obligations as the employer of the officers assigned to
the joint operation and is 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.
6. The State/Local LEA shall submit all Request for Reimbursement Forms,
together with the required supporting documentation, to the TFF Agency,
Attention: CPA Paul A. Beeson, c/o Joseph Montbriand, 2430 S. Swan
Rd. Tucson, AZ 85711, 520-519-4258, joseph.montbriand@cbp.dhs.gov.
7. All requests for reimbursement of costs incurred by the State/Local LEA
must be approved and certified by the TFF Agency. The TFF Agency
shall countersign the Request for Reimbursement Forms.
8. The maximum reimbursement for overtime worked on behalf of the joint
operation under this agreement is set at $15,000 per officer per fiscal
year.
D. Program Audit
This agreement and its procedures are subject to audit by the Treasury Executive
Office for Asset Forfeiture (TEOAF), the TFF Agency, the Department of the
Treasury Office of Inspector General, the General Accounting Office, and any
other government-designated auditing organization. The State/Local LEA 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.
TEOAF Directive 18 ATTACHMENT A A-3

These audits may include reviews of any and all 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.
E. Each party shall be solely responsible and liable for claims, demands or
judgments (including costs, expenses, and attorney fees) resulting from personal
injury to any person or damage to any property arising out of its own employee's
performance under this MOU to the extent permitted by law. USBP shall only be
liable to the extent permitted under the Federal Tort Claims Act, 28 U.S.C. §
2671, et seq., or other federal law authorizing the waiver of sovereign immunity.
Each party shall be solely responsible for its own acts or omissions and those of
its officers and employees by reason of its operations under this MOU to the
extent permitted by law.
F. Revisions
The terms of this agreement may be amended upon the written approval of both
the State/Local LEA and the TFF Agency. The revision becomes effective upon
the date of approval.
F. No PrivateRight Created
This is an agreement between a federal LEA and a state or local LEA and is not
intended to confer any right or benefit to any private person or party.
TEOAF Directive 18 ATTACHMENT A A-4

Clint Hickman Paul A. Beeson
Chairman Chief Patrol Agent
Maricopa County Board of Supervisors United States Border Patrol
Tucson Sector
Date: ------------------- Date:---------------------
Fran McCarroll Stephen Kacmarik
Clerk of the Board Assistant Chief Patrol Agent
Maricopa County Board of Supervisors United States Border Patrol
Headquarters
Date:-------------------- Date:---------------------
Deputy County Attorney
Maricopa County
lie;
Joseph Arpaio
Sheriff
Maricopa County Sheriff's Office
TEOAF Directive 18 ATTACHMENT A A-5