Attachment 1
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE UNITED STATES CAPITOL POLICE
AND
BURBANK POLICE DEPARTMENT
I. INTRODUCTION
This Memorandum of Understanding ("MOU") is entered into by and between the United States Capitol Police ("USCP") and the Burbank Police Department (“BPD”), in the State of California, collectively referred to as the " Parties," for the purpose of reimbursing BPD for agreed upon law enforcement services.
II. BACKGROUND
The USCP is a federal law enforcement agency under the Legislative Branch of the United States Government. It is the mission of the USCP to protect the Congress – its members, employees, visitors, and facilities – so it can fulfill its constitutional and legislative responsibilities in a safe, secure and open environment. The USCP Protective Services Bureau (PSB) has the statutory requirement pursuant to 2 U.S.C. §1966 to protect the Members of Congress when security considerations so require. In order to fulfill this responsibility, PSB requires augmentation of its capabilities in the form of law enforcement support within BPD’s jurisdiction.
BPD is the law enforcement agency for the City of Burbank, California. BPD’s mission is to protect life and property, provide professional police services, and work in partnership with the community.
III. PURPOSE
A. The purpose of this MOU is to set forth the terms by which the USCP will reimburse BPD for the protective services specified in Section IV(A), with such services to commence on the date the MOU is fully executed.
B. This MOU is an agreement between the Parties and is not intended and should not be construed, to create or confer any other person or entity any right or benefit, substantive or procedural, enforceable at law or otherwise against BPD, USCP, or any state, locality, or other entity.
IV. RESPONSIBILITIES OF BPD UNDER THIS MOU
A. Upon request from USCP, and agreement by BPD based on available resources, BPD shall provide support and enhancements to the USCP protective mission for Congressional events and/or USCP protective operations occurring within BPD jurisdiction. Services may involve the expenditure of overtime by BPD. During the events and/or protective operations, BPD shall maintain routine communications with USCP leadership as necessary.
B. BPD agrees to provide the USCP with a summary of expenses incurred in connection with BPD’s provision of services requested by the USCP, to include law enforcement services, equipment, and resources utilized on behalf of the USCP. This summary will be consistent with the format for record keeping provided by the USCP. Hourly rates for BPD officers providing law enforcement services will vary, depending on the assigned officers’ ranks, tenure, and whether they are working as part of their regularly-scheduled shift or on an overtime basis. Hourly rates may also fluctuate from year to year, as contractual pay adjustments are put into effect.
V. RESPONSIBILITIES OF USCP UNDER THIS MOU
A. The USCP agrees to provide the necessary funds due to BPD as part of this MOU between both parties. The USCP shall pay all vouchers submitted by BPD regarding services provided pursuant to this MOU. All vouchers submitted by BPD for services provided shall be paid expeditiously by USCP.
Acceptance by BPD of partial payments of any outstanding vouchers shall not be deemed a waiver of the right to the full funds due for services rendered by BPD pursuant to this agreement.
B. The USCP agrees to bear its own costs in relation to this MOU.
VI. DURATION OF THIS MOU
This MOU will remain in full force and effect until it is terminated by either party.
Either party may terminate this MOU after giving 30 days’ written notice to the other Party.
VII. FUNDING
No provision of this MOU shall be interpreted to require obligation or payment of funds in violation of the Anti-Deficiency Act, 31 U.S.C. § 1341. Reimbursements and expenditures under this MOU shall be subject to the USCP’s budgetary processes and to the availability of funds.
VIII. SEVERABILITY
Nothing in this MOU shall be construed to conflict with current law. If a term of this MOU is inconsistent with such authority, that term shall be invalid to the extent of the inconsistency. The remainder of that term and all other terms of this MOU shall remain in effect.
IX. NOTICE
The following individuals are the contact points for each Party under this MOU:
Jeanita Mitchell
Deputy Chief
Protective Services Bureau
United States Capitol Police
119 D Street, NE
Washington, DC 20510
(C) 202-384-8720
Captain Adam Cornils
Administrative Division Captain
Burbank Police Department
(O) 818-238-3213
[email protected]
The Parties will provide notification of any changes to the contact points.
X. MODIFICATIONS
The terms and conditions of this MOU may be modified only upon prior written agreement between the Parties.
XI. MISCELLANEOUS
The Parties shall comply with all applicable laws, rules, and regulations.
IN WITNESS WHEREOF, the parties hereto have executed this MOU as follows:
UNITED STATES CAPITOL POLICE:
____________________________________ Date: ____________________ J. THOMAS MANGER
CHIEF OF POLICE, UNITED STATES CAPITOL POLICE
BURBANK POLICE DEPARTMENT:
___________________________________ Date: ____________________
MICHAEL ALBANESE
CHIEF OF POLICE
BURBANK POLICE DEPARTMENT