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HomeMy WebLinkAboutRES 18-188RESOLUTION NO. 18-188 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager, or his designee, be and they are hereby authorized to execute a Memorandum of Agreement with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) for the reimbursement of overtime salary costs and other costs, including but not limited to travel, fuel, training, and equipment incurred by the Beaumont Police Department in providing resources to assist the Alcohol, Tobacco, Firearms and Explosives Task Force. Said Memorandum of Agreement is substantially in the form 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 14th day of August, 2018. I U �- .j Becky U.S. Department of Justice Bureau of Alcohol, Tobacco, Firearms and Explosives 111mUngran, DC20226 1 Rivay.,gal MEMORANDUM OF AGREEMENT Behveen the Bureau of Alcohol, Tobacco, Firearms and ]Explosives and Beaumont Police Department for Reimbursement 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 may be made to the extent they are included in ATF's Fiscal Year Plan and the monies are available to satisfy the request(s) for reimbursable overtime expenses. I. 9!LRAT10N Or THIS MEMORANDUM O AGREEMENT This MOA is effective with the signatures of all parties and terminates at the close ofbusiness on September 30, 2023, subject to Section VII of the MOA. 11. AUTl30RIT�' This MOA is established pursuant to the following provisions: 1. Title 28, U.S.C., Section 524(c), the Department of Justice, Asset Forfeiture 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 law enforcement agency, EXHIBIT "A" 2. Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Apptvpriations 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 enforcement agencies incurred as participants in joint operations/task forces with a Federal law enforcement agency. If available, the funding for fiscal years 2019, 2020, 2021, 2022 and 2023 is contingent upon annual appropriation laws, Title 28, U.S.r,:; 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. III. PURPOSE OF THIS MEMORA.NYUM 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 expenses incurred pursuant to the authority in Section 11. IV. NAME OF NINT OI'1;+ RATION/TASK 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(s) to assist ATF in investigations of Federal, state, and local laws. To the maximum extent possible, the officer(s) will be assigned on a dedicated, rather than rotational basis. The Beaumont Police Department shall provide ATF with the name(s), title(s), and employee identification number(s) of the officer(s) assigned to the investigation. B. The Beaumont Police Department shall provide ATF, within ten (10) calendar"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 the name of the official authorized to submit an invoice to ATF under paragraph V, subparagraph E. 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 Unified Financial Management System (UFMS) Vendor Request Form. Within the UFMS Vendor Request form, the DUNS Number should be provided (DUNS — Data Universal Numbering System, identifies business entities on a location -specific basis) under section 12. When completed, forward this form to the'appropriate ATF field office address: ATF, ATTN: RAC/GS Marlin Ford, 2615 Calder Avenue, Suite 330, Beaumont, TX 77.702 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 perforated by its officer(s) assigned as members of 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 10th 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. (2) No waivers or extensions will be granted or honored. The Beaumont Police Department will submit the request for reimbursement via fax, email or mail to the following address: ATF, ATTN: RAC/GS RAC/GS Marlin Ford, 2615 Calder Avenue, Suite 330, Beaumont, TX 77702 G. ale 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. I. All reimbursable hours of overtime work covered under this MOA must be approved in advance by the ATF supervisor. J. All sworn State, county and local law enforcement officers cannot exceed the fiscal year reimbursement cap, which is the equivalent of 25 percent of a GS -12, Step -I salary. Sworn law enforcement officers in the State, county or local law ' enforcement agency assigned to cover when a TFO/Special Deputy or other sworn law enforcement officer, has been eaIled away on an ATF matter, shall not be reimbursed with SLOT fiords. K. Any Sworn State, county and local law enforcement officer receiving funding from multiple sources, such as Organized Crime Drug Enforcement Task Force (OCDETF) or High Intensity Drug Trafficking Area (HIDTA), cannot exceed the fiscal year salary cap when all funding is combined; it is the RAC/GS's responsibility to ensure that the officer does not receive double funding in excess of the fiscal year cap. L. The ATF supervisor will forward all approved reimbursement requests to the Division Chief; Asset Forfeiture & Seized property Division for payment. M. This document JMQA) does not obligate funds. Funding authority, with maximum reimbursement costs to any one law enforcement officer during the fiscal year (October 1— September 30); will be provided through other documents. The agency will receive an allocation confirmation from the field division. VI. PROGRAM AU121T This MOA and its procedures are subject to audit by ATF, the Department of Justice, Office of Inspector General, the Government Accountability Office, and other auditors authorized by the Federal goverment. 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, )}tEVISIOINS Tice terms of this MOA may be amended upon written approval by the original patties, or their designated representatives. Any amendment to this MOA becomes effective upon the date of approval as stated in the amendment, Eitherparty.can cancel this MOA upon 60 - calendar day's written notice to the other party. The ATF will only process request for overtime for overtime incurred before the date of cancellation, absent a specific written agreement to the contrary. VIII. NO I'ItaIVATE RIGHT Cg TED This is an internal Government agreement between ATF and the Beaumont Police Department and is not intended to confer, any right or benefit to any private person or party. James Singletary Chief of Police Beaumont Police Department Date: Re Deputy Chief Financial Officer Office of Management ATF Date: 7 /d/ Frederick i Milanowski Special Agent in Charge Houston Field Division ATF Date: iq2 Deputy Assistant Director (West) Field Operations ATF Date- 1 n U.S. (Department of Justice Bureau of Alcohol, Tobacco, Firearms. and Explosives 11'alhfngton; DC1022d uwu• a fgol MEMORANDUM OF AGREEMENT lBet►ye6n the Bureau-of,Alcohol, Tobacco; firearms and Explosives and Beaumont Police Departrrnertt for Rdirnbursement of Overtime Salary Costs a ssociated.With A`IF TASK FORCE �'rik��4 k�Yr�sY9rh This Memorandum of Agreement. (NIOA) 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 ATR Payments may be made to the extent they -are included in ATF's Fiscal Year Plan and the monies are available to satisfy the request(s)for reimbursable overtime expenses. I. FDURATION OF THIS. MEMORANDUM OF AOREE'MlENT This-MOA is'effective with the:signatures of all parties and terminates -at the.close of business on September 30, 2023, subject to Section VII of the MOA. 1I. AUTHORITY This MOA is established pursuant to the following provisions: 1, Title<28, U.S.C., Section 524(c), the Department otiustice,,Asset Forfeiture. Fund, which provides for the reimbursement of certain expenses. of iocal,; county, or State law enforcement agencies incurred as participants in joint"operations/task forces with a Department of the.Justice law enforcement agency: 2. Dbp4fterit§ ofComm&rcd,.Justice, and State, the Judiciary, and,RelatedAgencids Appropriations Bill, which.provides.'for'the reimbursement of overt . i.mesalary costs.of )4 local; &oUhtbr, State law piAbreeMenVageficies h iou 11 rred while - ehf6rc'eme'n't operations. 1 Title-31,U, SX.,rSectiOh 9703, tkTrOasury Forfeiture Fund Aot6f'l 992,,which provides for thexcimbursement oftertain expenses of local, county, or.State, - . law. enforcement .,,agen . c , agencies incurred as participants in, jo ilit,pperations/task forces with A Federal lawenforcement agency. If available, the Mnding foffscal years 20 " 19,2020, 202 t, 2022 and 202-1 is contingent,u.pbn annual a appropriation laws,, Title 28, US, �pp Section 524(c),. annual'ap.propriailons, and Title 31, U,8,C, Section 332., If available; funding Alocations for reimbursement of expenses: will betransmittedthrough a sopdrotb'dootimle-nt. This Mcin.ar-,in'dum,.ofAgteement-.(MQA), is not aadilhg a I 11ocation docuffiiebt. MP RL PVRP�OSE OF THIS 'MORAN'O.I)Mr 101F AGRE EMt, NT' This MOA establishes- the procedures and. responsibilities of both the'Beaumont Police. bepartment'and -ATFfor the reimbursement of certain overtime -and other gre-approved expenses incurred pursuant to the authority in Section 11, IV. NAME OF, JOIN'k OPERATIONITA-Sk FORCE.'(O-apphcab' e The name of this joint operation/t6sk, *force: ATF TASK FORCE V. CONIM-TIONS AND PROCEDURES A. The Beaumont,Pol1ce-_'Depnrtrncnt shall assign vfficer(s)--to -assist ATT in 'investigations of -Federal, state, and local laws: To the-maxini'm w eqt possi .bl q.3 the.bficer will b assigned,ofi.adedioted,i than rotational .,basis., Tho Beaumont Police: Department shall provide ATF with the name(s), title(s)j and employce,ideintification numbers) of (he officer(s) ,assigned to the'investigati!on, B. The Beaumont Poli.ce Department shall provideAT within ten,(10) calendafdays- of the�signing of this. I MOA,, with a contact name, -title, telephone number and address. The Beaumont Police Department shall also provide, the name of the official- regp-onsi,bl.e.,fOr-,pybviding,gudit 1fnf6rma(1Pn'pndjer paragraph VI'of f this MOA, and. the name of the official authorized to submit an invoice to.ATF under paragraphY, subparagraph E. C. The Beaumoni`Pol ce 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 forreimbursement. The mechanism for this isihe"Unified Financial Management System (UFMS) Vendor Request Form. Within:the UFMS Vendor Request form, the DUNS Number should be provided (DUNS —Data Universal Numbering System, identifies, business entities, on a location -specific basis) under section 12. When completed, forward this form to the appropriate ATF field office address: ATF, ATTN:,RAC/GS Marlin Ford, 2615 Calder Avenue,, Suite 3.30,,Beaumont, TX' 77.7.02 D. The Beaumont Police Department mayrequest.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 joint operation/task force with ATF for the purpose of conducting an official investigation. E. Invoices submittedtoATF-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 sub"witted 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 I0.th.day of each.:subsequent month that the agency Mseeking-reimbursement. (1) If the reimbursement request is.not received by tiie ATF field office bythe 1 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. (2) 'No waivers or extensions will be granted or lionored The Beaumont Police Departmerit;will submit the request for reinabursementv.'ia fax, email or mail to, the following address:. ATF, ATTN. ;RAC/GS RAC/GS MarlinTord, 2615 .Calder Avenue,. Suite 330; Beaumont, TX 17702 G. The ATF Supervisor shall be responsible for certifying that the request is for overtime expenses incurred bythe 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 ezpeiiseshave: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 O. Mceris) assigned'to the joint operation/task force.and are responsible. for the pbyrnent of the overtime earriings; withholdings, insurance coverage, and all othenrequirements bylaw, regulations, ord'inance_or contract regardless-ofthereimbursable overtime -charges incurred., I. 'All reimbursable ;hours of overtime work covsredunder this MOA must be approved in advance.by the ATF'supervisor. J. All sworn State, county and local law enforcement officers cannot exceed thpjiiscal year reimbursement cap, which is the equivalent.bf25 percent.of a GS-1:2, Slep=,] salary: Sworn law enforcement officers in the State, county or local law enforcement agency assigned to cover when a TFO/Special Deputy or other sworn law enforcement officer, has been called away on an ATF matter, shall not be reiinbursed with SLOT funds. K: Any Sworn State, county and local law enforcement officer receiving funding from multiple sources, such as Organized:Crime Drug- Enforcement Task;Force (OCDETF) or -High Intensity D.rug'Trafficking Area (HIDTA), .cannot exceed the fiscal year, salary cap -when all funding is combined, `it'is the RAC/GS.'s responsibility.to. ensure that the.of cider does not receive double funding:;in excess of the fiscal year cap. L. The ATF supervisor will forward all approved raimbursement<requests to the Division Chief, Asset 'Forfeiture & Seized PropertyDivision for payment. M. This document fflO ) dmes not obligate funds: Funding authority, with maximum reimbursement costs to anyone late enforcement officer -during the fiscal year (October- I — September 30), will be provided through other documents: The agency will receive anAlocaiion'confirmation from the field division. III. PROGRAM AUDIT This MOA and its procedures are<subject to audit by ATF, the Department of Justice, Office of Inspector General, the Government Accountability Office, and`other auditors authorized by the Federal .Government. The Beaumont Police Department agrees. to permit such.audits and -agrees to -maintain all records.relating to' these. transactions for 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,rclating to this agreement; as welt as, the interview of any:and all personnel involved' in these transactions. V11, REVRSIONS. The_tenas of dus MOA maybe amended upon written approval by the original parties, or their designs ( d:representatives, .Anyarnendmeiit to.tlus MOAbecoriies.effective upon the date of approval as stated inahe amendment. Either partysan cancel this MOA upon:60- calendar days written notice ta.the other party. The ATF will only process request for overtime for overtime incurred before the date of cancellation, absent a specific written agreement to the contrary. Vill. NO PRIVATE RIGHT CRE, ATED This is an int:emal Government agreement between ATF and .the Beaumont Police Department and is'notintended to con fq any'right or Benefit to anyprivate- person or party: Jams inglelary Chi f f Police Bean .ont Police Department Date: (.J�K rtc M. o b-Puty-Chief Financial Officer Office of Management ATF Date: zk- Frederick J.'Milahowski Special Agent in Charge Houston Field Division' ATF Dater ic/'6 Deputy Assistant Director (West) Field "Operations ATF Date: