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Home My WebLink AboutRES 09-142 RESOLUTION NO. 09-142 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager and Chief of Police be and they are hereby authorized to execute a Memorandum of Agreement between the Beaumont Police Department and the ATF Task Force for reimbursement of costs incurred by the Beaumont Police Department in providing assistance to the ATF Task Force. Said Memorandum of Agreement is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of May, 2009. r - ayor Becky Ames - P ` .*« U.S. Department of Jmdce Bureau of Alcohol Tobacco Firearms and Explosives Washiugtna,DC 20326 www.adgov MEMORANDUM OF AGREEMENT Between the Barean of Alcohol,Tobacco,Firearms and Explosives And Bea-amoni Police Department for Reimbursemeat of Overtime Salary Costs Associated with ATF TASK.FORCE This Memorandum of Agreement(MOA)is entered into by.the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Beaumont police Department for the.purpose of reimbursement of overtime salary costs and other costs,with prior ATF approval, including but not limited to travel, fuel, training, and equipment, incurred by the Beaumont Police Department in providing resources to assist ATF, Payments maybe made to the extent they are included in ATF's Fiscal'YearTlan,and the monies are available to satisfy the requests(s)for reimbursable overtit'ne expenses. Y. DURATION OF THIS MEMORANDUM OF AGREEMENT This MOA•is effective with the signatures of all parties and terminates at the close of business on September 30,2013,subject to Section'VII;of the MOA: LI. AUTHORUTY This MOA is established.pursuant to tiie following provisions: L. Title 28, U.S.C., Section 524(c),the Department of Justice Assets Forfciture Fund, which*provides for the reimbursement of certain expenses of local, county,or State law enforcement agencies incurred as,participants in joint operations/task forces with a Department of the Justice la*edorcement agency. EXHIBIT "A° 2• Departments of Commerce,justice, and State,the Judiciary,and Related Agencies Appropriations Bill,which provides for the reimbursement of overtime salary costs of local, county,or State law enforcement agencies incurred while assisting ATF in joint law enforcement operations, 3. Title 31', U.S.C.'.Section 9703, the Treasury Forfeiture Fund Act of 1992,which provides for the reimbursement of certain expenses of local, county, or State law enforceimnt agencies incurred as participants in Joint operations/task forces with a Federal law enforcement agency. If available,the funding for fiscal year 2009,2010,2011,2012 and 2013 is contingent upon annual appropriation laws, Title 28,U.S.C., Section 524(c), annual appropriations,and Title. 31,U.S.C.,Section 332. If available, funding allocations for reimbursement of expenses will be transmitted through a separate document. This Memorandum of Agreement(MOA)is not a funding allocation document. PURPOSE OF THIS M MORANIIUM OF AGREEMENT This MOA establishes the procedures and responsibilities of both the Beaumont Police Department and ATF for the reimbursement of certain overtime and other pre-approved CxPenses incurred pursuant to the authority.in Section.U. IV, NAME OF JOINT OPERATIONITASK FORCE (if applicable) The name of this joint operation/task force:ATF TASK FORCE V. CONDITIONS AND PROCEDURES A. The Beaumont Police Department shall assign officer($)to assist ATF in investigations of Federal, state, and local laws. To the maximum extent possible, the Officer(s)will be assigned op a dedicated,rather than rotational basis. The Beaumont Police Department shall provide ATF with the name($),title(s), and employee identification number(s) of the officer(s) assigned to the investigation. B• The Beaumont Police Department shall provide ATF,within 10 days of the signing Of this MOA,with a contact-name, title, telephone number and address. The Beaumont Police Department shall also provide the name of the official responsible for providing audit information under paragraph VI of this MOA, and thhe na the official authorized to submit an invoice to ATF under E. me of 2 C. The Beaumont Police Department shall provide ATF,.within ten (10) calendar days of the signing of this agreement,with the financial institution where the law enforcement agency wants,the Electronic Funds Transfer(EFT)payment deposited for reimbursement. The mechanism for this is the SF 3881,ACH Vendor/Miscellaneous Payment Enrollment Form,which is Attachment A. When completed, forward this'form to.the ATTN: Special Agent in Charge,Asset Forfeiture& Seized Property Branch, Bureau of Alcohol,Tobacco,Firearms and Explosives,Mail Stop 3N-600, 99 New York Ave,NE, Washington, DC 20226. D. The Beaumont Police Department may request reimbursement for payment of overtime expenses and other costs with prior ATF approval;including but not limited to travel,fuel,training, and equipment, directly related to work performed by its Officer(s)assigned as members of a joint operation/task force with ATF for the purpose of conducting an official investigation. E. Invoices submitted to ATF for the payment of expenses must be submitted on the appropriate forms as provided.by ATF. The invoice shall be signed by an authorized representative of the Beaumont Police Department and submitted to ATF field office for signature and verification of the invoice. F. The Beaumont Police Department will submit all requests for reimbursable payments,together with the appropriate documentation to ATF by..the 10th day of each subsequent month that the agency is seeking reimbursement.. (1} If the reimbursement request is not received by the ATF field office by the I Oth of-the subsequent month,the ATF field office will advise the agency, in writing, that the reimbursement request is late, and if the reimbursement . request is not received within the next 10 working days, the overtime costs will not be reimbursed. (?) No waivers or extensions will be granted or honored: The Beaumont police ,Department will submit the request for reimbursement to ATF, ATTN': Larry Sanders, 2615 Calder Avenue, Suite 300,'Beaumont,TX 77702. G. The ATF Supervisor shall be responsible for certifying that the,request is for overtime expenses incurred by the Beaumont Police Department for participation with ATF during the joint operation/task force. The responsible State or local official shall also certify that requests for reimbursement of expenses have not been made to other Federal law enforcement agencies. H., The Beaumont Police Department acknowledges that they remain fully responsible for their obligations as the employer of the officer(s) assigned to the joint operation/task force and are responsible for the payment of the overtime earnings, withholdings,insurance coverage, and all other requirements by law,regulations, ordinance or contract regardless of the reimbursable overtime charges incurred. 3 I • All reimbursable hours of overtime work covered under this MOA must be approved in advance by the ATF supervisor. 1. The ATF supervisor will forward all approved reimbursement requests to the Special Agent in Charge,Asset Forfeiture and Seized Property Branch,for payment. K. This document does.►iot obii ate ft%ds. Funding authority,with maximum reimbursement costs to any one law enforcement officer during the fiscal year (October I'—September 30),will be provided through other documeiats. VI. . PROGRAM AUDIT This MOA and its procedures are subject to audit by ATF,the.Department of Justice, Qffice of Inspector General, the Govertxment.Accountability.Office,and other auditors authorized by the Fed' government. The Beaumont 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 such time as the audit is completed. These audits 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. VII. REVISIONS The terms of this MOA may be amended upon written approval by the original parties,or their designated representatives. Any aruendment to this MOA becomes effective upon the date of approval as stated in the amendment Either party can cancel s m0A upon 60-calendar days written notice to the other party. The ATF will only process requesf for overtime for overtime incurred before the date of cancellation,absent a specific written agreement to the contrary. Vin. NO PRI'V'ATE RIGHT CREATED This is an internal government agreement between ATF and the Beaumont Police Department and is not.intended to confer any right or benefit to'991Y private person or party. 4 Frank C. Coffin,Jr. J. Dewey Webb. Chief of Police Special Agent in Charge Beaumont Police Department Houston Field Division ATF bate: Date: Melanie S. Stinnett �Wil ' J.1�Toover Assistant Director Assistant Director Mana.gement(CF0 Field Operations ATF ATF Date: q Date: 3f t�t°4 Kyle Hades City Manager. City of Beaumont Date: 5