HomeMy WebLinkAboutRES 17-232RESOLUTION NO. 17-232
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute a FY 2018
Agreement for the Use of the State or Local Overtime and Authorized
Expenses/Strategic Initiative Program between the City of Beaumont and DEA (Drug
Enforcement Agency) to designate multiple Beaumont Police Department officers to
assist with DEA Organized Crime Drug Enforcement Task Force (OCDETF) operations
and apply for federal reimbursement of overtime hours worked by those officers. The
Agreement is attached hereto as Exhibit "A" and made a part hereof for all purposes.
The meeting at which this resolution was approved was in all things conducted in
strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter
551.
PASSED BY THE CITY COUNCIL of the City of'Beaumont this the 7th day of
November, 2017.
(Payor Becky Ames -
ORGANIZED CRIME DRUG ENFORCEMENT TASK FORCES
FY 2018 Agreement
FOR THE USE OF THE STATE OR LOCAL
OVERTIME AND AUTHORIZED EXPENSE/STRATEGIC INITIATIVE PROGRAM
Federal Tax Identification #:
Amount Requested:
Number of Officers Listed:
From:
Beginning Date of Agreement
To:
Ending Date of Agreement
State or Local Organization
Narcotics Supervisor:
Telephone Number:
E-mail Address:
Sponsoring Federal Agency(ies):
Dc#: T-32-
OCDETF Investigation / Strategic Initiative
Number:
Operation
Name:
Federal Agency Investigations:
Number:
State or Local Organization Name:
Address to receive OCDETF paperwork (no PO Boxes):
ATTN:
Sponsoring Federal Agency
Group/Squad Supervisor:
Telephone Number:
E-mail Address:
Please provide the name, telephone number, e-mail address, and fax number for the
financial staff person at the State or Local Organization, who is directly responsible for
the billing on the Reimbursement Request:
Name:
Telephone Number:
E-mail Address:
Agreement (FY 18), Page 1
EXHIBIT "A"
This Agreement is between the above named State or Local Law Enforcement Organization and
the Organized Crime Drug Enforcement Task Forces (OCDETF) Program. This Agreement shall
be effective when signed by an authorized State or Local Organization official, the sponsoring
Federal Agency Special Agent -In -Charge, the sponsoring Agency Regional OCDETF
Coordinator, the Assistant United States Attorney Regional OCDETF Director, and the
OCDETF Executive Office.
1. It is agreed that the State or Local Law Enforcement officers named on this
Agreement will assist in OCDETF Investigations, Strategic Initiatives and
prosecutions as set forth in the Organized Crime Drug Enforcement Task Forces State
or Local Overtime and Authorized Expense/Strategic Initiative Programs, Policies
and Procedures Manual, Fiscal Year 2018.
2. No individual Agreement with a State or Local organization may exceed $25,000, and
the cumulative amount of OCDETF State and Local overtime monies that may be expended
on a single OCDETF Investigation or Strategic Initiative in a single fiscal year may not
exceed$50,000 without express prior approval from the OCDETF Executive Office. The
OCDETF Executive Office will entertain requests to exceed these funding levels in
particular cases. Please submit a written request including justification approved by the
AUSA Regional Director to the OCDETF Budget Officer/Deputy Budget Officer when
seeking to exceed the above stated funding levels.
3. Each Reimbursable Agreement will be allowed no more than six (6) modifications
per year. In addition, if the funds for a particular Agreement are completely
deobligated with the intention of closing that Agreement, it will not count as a
modification for purposes of this policy. These amendments must be transmitted by a
memorandum approved and signed by the AUSA Regional OCDETF Director or
designee for the region and sent to the OCDETF Executive Office.
4. If an Agreement does not have any activity during 'the last ninety (90) days, the funds
shall automatically be deobligated. The OCDETF Executive Office will assist with
the monitoring of the aging Agreements. Further, if a State or Local Organization
indicates that it is no longer performing work under a particular Agreement, the State
or Local Overtime and Authorized Expense/Strategic Initiative Programs, Policies
and Procedures Manual requires that a modification memorandum identifying the
amount to be deobligated be submitted to the OCDETF Executive Office as soon as
possible after determining that no work is being performed.
5. The State or Local Law Enforcement Organization agrees to provide experienced
drug Law Enforcement officers who are identified in this Agreement to work on the
specified OCDETF Investigation or Strategic Initiative. Any change in Law
Enforcement officers assigned must be agreed to by all approving officials.
Agreement (FY 18), Page 2
6. Officers who are not deputized shall possess no Law Enforcement authority other
than that conferred by virtue of their position as a commissioned officer of their
parent Agency.
7. Officers who are deputized may possess Federal Law Enforcement authority as
specified by the Agency affording the deputation.
8. Any State or Local officers assigned to an OCDETF Investigation or Strategic
Initiative in accordance with this Agreement are not considered Federal employees
and do not take on the benefits of Federal employment by virtue of their participation
in the Investigation or Strategic Initiative.
9. OCDETF and the sponsoring Federal Law Enforcement Agency(ies) for the
approved OCDETF Investigation or Strategic Initiative will provide to the assigned
State or Local officers the clerical, operational and administrative support that is
mutually agreed to by the parties in this Agreement.
10. Officers assigned to OCDETF Investigations or Strategic Initiatives should work full-time
on the Investigation(s) or Strategic Initiative(s) in order to be paid overtime. In order to
satisfy the "full-time" expectation, a Law Enforcement officer should work forty (40) hours
per week or eight (8) hours per day on a single or multiple OCDETF Investigation(s) or
Strategic Initiative(s). Any established exceptions or waivers to this definition shall be
requested by the Regional Coordination Group and attached as Addendum A to the
Agreement. [The parent State or Local Organization must pay the base salary of its officers.
In the event officers must work overtime on an OCDETF Investigation or Strategic
Initiative, the OCDETF Program will reimburse the parent State or Local Law Enforcement
Organization for a limited amount of those overtime costs.] The Organization is responsible
for paying its Law Enforcement officer(s) for their overtime, travel and per diem expenses.
To ensure proper and complete utilization of OCDETF overtime and expense allocations,
reimbursement claims must be submitted monthly on the OCDETF Reimbursement Request
Form. The OCDETF Executive Office may refuse payment on any reimbursement request
that is not submitted to the OCDETF Regional Coordination Group within thirty (30) days of
the close of the month in which the overtime was worked.
11. It is the responsibility of the State or Local Organization to retain and have available
for inspection sufficient supporting documentation for all regular hours and overtime
hours worked towards a specific OCDETF case. Officers' timesheets must reflect
work towards a specific OCDETF case and must be reviewed and signed by an
authorized State or Local official.
12. Analysis of reimbursement claims by the Regional Coordination Group may result in
a modification of the obligation of funds contained within this Agreement as well as
the time period covered. The Organization affected by any such modification will
receive a memo notifying them of the changes.
Agreement (FYI 8), Page 3
13. Overtime payments, including all other non-OCDETF Federal sources (such as Safe
Streets, HIDTA, IRS, ICE, FEMA, etc.) may not, on an annual per person basis,
exceed 25% of the current approved Federal salary rate in effect at the time the
overtime is performed. The State or Local Organization is responsible for ensuring
that this annual payment is not exceeded. The Executive Assistant/OCDETF
Program Specialist will monitor these payments via MIS and communicate to the
Federal Agency Regional OCDETF Coordinators who provide status updates to any
officer approaching the threshold.
14. The overtime log must be attached to the reimbursement request when submitting the
monthly invoices. The Sponsoring Federal Agency Supervisory Special Agent and
the State or Local official authorized to approve the Reimbursement Request must
certify that only authorized expenses are claimed, the regular hours requirement is
satisfied, and that overtime has not exceeded 25% of the current Federal salary rate
in effect at the time the overtime was worked.
15. Under no circumstances will the State or Local Organization charge any indirect
costs for the administration or implementation of this Agreement.
16. The State or Local Organization shall maintain complete and accurate records and
accounts of all obligations and expenditures of funds under this Agreement for a
period of six (6) years and in accordance with generally accepted accounting
principles to facilitate inspection and auditing of such records and accounts.
17. The State or Local Organization shall permit examination and auditing by
representatives of the OCDETF Program, the sponsoring Federal Agency(ies), the
U.S. Department of Justice, the Comptroller General of the United States, and/or any
of their duly -authorized agents and representatives, of any and all records,
documents, accounts, invoices, receipts, or expenditures relating to this Agreement.
Failure to provide proper documentation will limit State or Local Law Enforcement
Organizations from receiving OCDETF funding in the future.
18. The State or Local Organization will comply with Title VI of the Civil Rights Act of
1964 and all requirements applicable to OCDETF Agreements pursuant to the
regulations of the Department of Justice (see, ems, 28 C.F.R. Part 42, Subparts C and
G; 28 C.F.R. 50.3 (1991)) relating to discrimination on the grounds of race, color,
sex, age, national origin or handicap.
19. This Agreement may be terminated by any of the parties by written notice to the
other parties ten (10) business days prior to termination. Billing for outstanding
obligations shall be received by OCDETF within thirty (30) days of the notice of
termination.
Agreement (FYI 8), Page 4
20. The Debt Collection Improvement Act of 1996 requires that most payments made by
the Federal government, including vendor payments, must be made by electronic
funds transfer (EFT). In accordance with the act, all OCDETF reimbursement
payments will be issued via EFT. All participating State and Local Organizations
must complete and submit the attached EFT form. The OCDETF Executive Office
must receive one EFT form from each participating organization prior to processing
their reimbursement payments. In certain circumstances the OCDETF Executive
Office may make exceptions for Organizations that are unable to accept this form of
payment, however, such Organizations must include written justification in the
addendum of each new Agreement.
21. All changes made to the original Agreement must be approved by the OCDETF
Executive Office and initialed by the Executive Assistant/OCDETF Program
Specialist of the Regional Coordination Group making the revision. The AUSA
Regional OCDETF Director or designee must initial all funding changes.
22. The Regional Coordination Group is responsible for identifying and implementing
any additional policy requirements, as needed, for its specific region. Those regional
policies will be documented in the Addendum B and attached to the approved
Agreement. The Organizations are agreeing to adhere to these additional
requirements and must have written approval by the Regional Coordination Group for
any exceptions to the regional policies.
23. Restrictions: Benefits (such as retirement, FICA, or other expenses) are NOT to be
included in overtime payment. Reimbursement of overtime payment is based solely on
the authorized overtime rate of each participating officer listed in the Agreement.
Additionally, officers are not eligible for reimbursement of compensation time earned
in lieu of overtime payment. OCDETF will only reimburse an actual $ amount paid to
the officer for overtime worked, any additional benefit (including compensation time)
will NOT be reimbursed.
This Agreement is not a contract or obligation to commit Federal funds in the maximum amounts
projected. Funding allocations for the time period set forth and agreed to herein represent
projections only and are based upon consultation between the sponsoring Federal Agency and
the State or Local Law Enforcement Organization. They are, therefore, subject to modification
by OCDETF based upon the progress and needs of the OCDETF Investigation or Strategic
Initiative. Additionally, resources are contingent upon the availability of funds per the approval
and signature of the OCDETF Executive Office obligating authority. The OCDETF Executive
Office will approve and certify that all the terms and conditions of the Agreement have been met.
Each Agreement must be approved and signed by a State or Local- Law Enforcement
Organization official who has supervisory authority over, and is authorized to assign, the
participating Law Enforcement officers to the OCDETF Investigation or Strategic Initiative.
Agreement (FY 18), Page 5
Approved By:
Approved By:
Approved By:
Approved By:
Authorized State or Local Official Title Date
Print Name
Sponsoring Federal Agency Special Agent in Charge or Designee Date
Print Name
Sponsoring Agency Regional OCDETF Coordinator Date
Assistant United States Attorney Regional OCDETF Director Date
Funds are encumbered for the State or Local Organization overtime costs and authorized
expense/Strategic Initiative Programs specified above. Subject to availability of funds.
Funds Certified:
Approving Official:
OCDETF Executive Office
OCDETF Executive Office
Agreement (FY18), Page 6
Date
Date
ORGANIZED CRIME DRUG ENFORCEMENT TASK FORCES
STATE OR LOCAL LAW ENFORCEMENT OFFICERS
ASSIGNED TO PARTICIPATE IN THE STATE AND
LOCAL OVERTIME AND AUTHORIZED EXPENSE/STRATEGIC
INITIATIVE PROGRAMS
State or Local Organization:
OCDETF Investigation / Strategic Initiative Number:
The Law Enforcement officers listed below will assist with the above identified OCDETF
Investigation or Strategic Initiative. Any modification of the list of Law Enforcement officers
must be agreed to in writing by all of the parties to this Agreement, made a part of the
Agreement, and forwarded to the OCDETF Executive Office.
NAME TITLE/RANK DOB
Agreement (FY 18), Page 7
Addendum A
Definition of "Full -Time Participation" Exemption
Any Other Exceptions or Justifications
Agreement (FYI 8), Page 8
Addendum B
Identification of Additional Policy Requirements
Agreement (FY 18), Page 9
ACH VENDOR/MISCELLANEOUS PAYMENT
ENROLLMENT FORM
PAYEE/COMPANY INFORMATION
Name:
Address:
Taxpayer ID Number:
FINANCIAL INSTITUTION INFORMATION
Bank Name:
Nine -Digit ABA Routing Transit Number:
Depositor Account Number:
Type of Account: (checking/savings)
POINT OF CONTACT
Please enter name of individual in Accounting/Finance department familiar with financial institution information for OCDETF Reimbursements.
Contact Person Name: Telephone Number:
Please return with the Reimbursable Agreement
The Debt Collection Improvement Act of 1996 requires that most payments made by the Federal government,
including vendor payments, must be made by electronic funds transfer (EFT). A benefit of receiving payments by
EFT is that your funds are directly deposited to your account at a financial institution and are available to you on the
date of payment.
If you have any question regarding the delivery of remittance information, please contact the financial institution
(bank) where your account is held.
If you have any question on the completion of this form, please contact the OCDETF State and Local EFT
Coordinator at 202-514-1860
To inquire about a bill please contact: https://www.ipp.gov/
Agreement (FYI 8), Page 10