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Home My WebLink AboutRES 13-119 RESOLUTION NO.13-119 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 between the Beaumont Police Department and the Bureau of Alcohol,Tobacco, Firearms and Explosives(ATF)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 4th day of June, 2013. C' - ayor Becky Ames - U S.Department of Justice. Bureau of Alcohol,'tobacco, Firearms and Explosives Washinpx4 DC 30226 wWWArl" h[EM k4"UM OF AQRSDOM Between the Brun of Alcohol,Tub*ccoi F nrert=and CW bfBeanoaWW(Beaaa O t~Falilde D%)Mk meat) for' ReimbWensent of(>ivea#iM SOMY Costs NOW41ated reitb ATF TASK F01" This MjMOMnd4=of Ap cMent(MOA)is entered inso by the Bureau of Alcohol,Tobacco, Fin+a.and f xpl.ves(ATE and the City of Beaaa nt Maaumont Police )1br the purpose of re i t of overtime sa3aiy casts and other costs,with pnor ATF approval, induft but not limited to travel,fuel,training,and equipment,incurred by the City of Beaumont (Beauntout Police Department)in providing resources to assist ATF. Payment 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. L OF MO MDAUR.&D—UM or AGI NTlldlrNT This MOA is effective with the signatures of all pwdes and terminates at the close of business on September.30,2018,subject to Section VII of the MOA. 1Y. AU'Y'I�ClI1t1TY This MOA is established pursuant to the following provisions: 1: Title 28;U.S.C.,Section 524(c),the Department of Justice,Aaset FOrMtUrO Fund, wild}provides,for the reimhirsement of certain expenses of kcal,county,or State law epforcement agencies incurred as participants in joint operations/task forces with a Department of the justice law enforcement agency. EXHIBIT"A" 2. DepartmeM of C. e,Justice,and SWC6111e Judiciary,aid Related Ageocies Ap*priatioaas Bill,y provides for the reimbu� t of overtime la;3r cosy of loc4 6MVIty,or$tam 19.w enf xcemew agencies mcuned while asmstm&ATF in joint law enx%tcemi nt ojrar Yrns. 3, TWe 31,U.S.C,SeMen 9703,.tIW Treasury FoerTdtWM Fwd Act Of 1992,WM& piro 4i for reixnil oa�east of certain o local,county,or State law cn:ftc*wnwn a$rsnucies ilnourred as participants in joint operalionaftSk forces with a l±edwW law enfom=wl.agency. If ava UhK the fu it focal years 2014,2015,.2016,2017 and 2018 is confingmt upon amuual*ppxiriatim laws,Title 18,U.S.C.;Section 524(c),annual appropd4ons,and Title 31,V S.C.,Sectioft 332. If available]fundmg allocations for of expetms will lx tamm fitted tfnaxigh a separate docimaent. MAO iVf of Apvma t'WA)-Jar WA a allocMim d cxenmt III. MMM OEM MRSM&MMIX A This MOA estahlistus the procedures and respon$ibilit es of both the City of Beaumont (Beaumont Police Dq artment)and ATF for the reimbursement of certain overtime and other pre-approved expenses incurred pursuant to the authority in Section II IV. NAm ow JiOM PI" tAZIt TIFAtS`dK (if*Wicalale) The name of this joint operstionh ask farce,ATF TASK.FORCE V. CIOND T7OM AND CURES A. The City of Beaumont(Besvmout Police Department)shall assign offtca(s)to assist ATF in invest ivdio as of Federal,static,and local laws.To the maximum• extent possible,the ofticegs)will be assn on a dediceed,tatha than rotational basis: The City of Bowniont(Beaumont Police Depaxtment)shall provide ATF wif Ii the name(s),titled),and employee identifict0on numbers)of the officer(s) assigned to the investigation. B. The City of Beaumont(Beaumont Police Dcpartinmt)shall provide AXF,within ten'(10)calendar days of the signing of this MOA,with•a contact name,title, telephone number and addm-ss. The City of Bea ns(Beaumont Police Department)shall also provide the name of the official responsible for providing audit information utstwparagraph VI of this MOA,and the xomie of the official authorized to submit an.invoice to ATF under paragraph V,subparagraph E. 2 umont Police D eat)shall Provide ATF,'within C. The City of Beaumont iristisutiorl ten(10)cglaidar days of the sighing of this agmerawt,with the finaryciai Funds Transfta(F1'3� whem ft 16W enf� Y wants,the ppymient deposited for reimbunwMat The rued nitm for 4 is is the Unified Financial MM*BCA=t System(1J1?M)Vendor Requeg FQM W'I*iu the UFMS Venom Rat fowl,the.DUNS Number AaWd•bas provided(DMIS—Data universal Nunibesing System,Amtif -bum entities on a locstioar =Iic basis)under peWon 12. When completed,forward this form to the appfiopxiate A IT ae)a office address: ATF,ATTN:Lmy Sanders,2615 Calder Ave,St to 330,Dumont,Texas 77702. D.. The City of Dunwnt but Polite De may request reimbursmenn' for paGymtstt of overdw expanses and ad=coxts with prior ATF aW*Val, hrA not limited to travels%OL Uaining;and equh me mt,directly related work performed.by its.officer(j)as ftnpd"meni be rs of a joint opemdonhask force with A T>~for the purpose of conducting an offiea�al inv$stig�tion. E. Invoices submitted to ATF for the payment of expenses must be submitted on the appropriate forms as provided by ATF. TIV invoice shall be signed by an alldlonzed repreefttgtive of the Carty of Beau mwt(B=Wmt Police Department) and submitted to ATF field of1"xct for signatine and vet fift ion.of the invoice. F: The City of on t(BMuont police,Depa rfinent)will submit all.requests for reimbursable paymerA UW6"With the appropriate doeurneptation to ATF by the 10th day of each subsequent month that the agencY is scaing reimbm=ftnL (1) if the reimburse runt request is not received by the ATF field office by the loth of the subsequent month,the ATF field office will wise the agencY, in writing,that tip reimbursement request is late,and if the reimbursement request is not received within.the next 10 working days,the overtime costs will riot be reimbursed. (2) No weivm or extensions will be granted or honored. The City of Beawngnt(Beffi=nt Police Dot)will submit the request for reimbursement via fax,email or mad to the following address: ATF, ATIN:.bang Sanders,2615 Calder Ave,Suite.330,Beaumont,Texas, 77702. G. The ATF Supervisor shall be responsible for certifying that the request is for overtime expenses.incurred by the City of Beaumont(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. 3 IL The City of Beaumont(Beauumont Police Dap41taent)acknowledges that ttiey remain- lly responsible ft the'oftations as%e employer of the oicer(s) assigned to the joint otios.force trod arc reaponaible foe the payment of the overtime eeWngs,withholdings,ins�,cove e,a0 all other requirements by law,regulations,Mdinartce or cottCraCt regardless pf the reimbursable overtime charger iuxqtd. X. All wimbursablo hours of or+wUM work covwed Wou this MOA must be approved in advance by the ATF supervisor. J. The ATF supervisor will fw ward.all approver(reim6ursewobt requests to the Division Chef,Asset Forfeiture 8t-Seized Property 11vision for payment xis: lu�ndizag autlsarity,-wnth maxim reimbursement alts to Amy ow law emce oisr dung the fiscal year (Octobor l –Septmnbeg 30);will be provided hough cater documents. The ageincy will receive an allocation confimatipn from,the field divisions. This MOA and its procedures are VAed to attt3 t by A.TF,the Dgwhn ntbf Justice, Office of Inspex for ,the()0Vwtrp CM Accountability Office,and other auditors authorized by the Feidend govermnont: Tbe-City of Bent(wont Police Deft).agrees to permit such wwW tom agreea to maintain all records w1ating to these transactions for a period of not less dWA 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 eXpe nditmw Mating to this meat as well as,the interview of any and all personnel involved in these transactions. VI �QNS The terms of this MOA may be aM asded upW V60an approval by I'm QA&W parties,or their degpa#ed.-I%ad wes. Any amaAment to this MOA MOA Upon the date of apprr►val as stated in the Wit. Either pa3ty upon calendar day's written notice to Tie other p Wy. The ATF vnIj ozIy pw—ess request for overtime for overtime incurred before the date of canoellation,absent a specific written agrmvient to the contrary.. ME. SATE RifGiri`f'C P►T I? This is an internal Qovenunin t agrement b otw=ATF and the City of Beaumont, (Beaumont polied Department)and is riot intended to confer-any right or benefit to any private person or party. g - I ,Tames P.Si ctwy Melvin King Chid of Police SpecW Agent.in Chaff City of Beaumont(B&wmoni Police Deparbnept) Houston Field NviAon ATF Dade: Deft: Hong S K MArfin Dew Chief Financial Officer De"Assigant Director Office of Managen ent Field Operations ATF AV Date: Date:��T�-� ----- . s . U.S:Department of Justice Bureau ofAlcohol,Tobacco, Firearms and Explosives Washif�toa DC ZtIL?6 www.otLgov NEMORANDUM OF AGRYJ24LivT I Between:the Bureau of Alcohol,Tobacco,rremns sad Explosives and City,of Beemem(Beatuaout Police Department) for I Reimbursement of Oveitinns:Salary Costs associated whir ATF TASK FORCE { 1 j i This i s Memorandum o Agreement(MOA) s entered into by the Bureau of Alcohol,Tobacco, Firearms and Explosives(ATF)and the City of Beaumont(Beaumont Police Department)for the J purpose of reimbursement of overtime salary costs and other costs,with prior ATF approval, 7 including but not limited to travel,fuel,training,and equipment,incurred by the City of Beaumont (Beaumont Police Department)in providing resources to assist ATF. s 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. DURATION OF TM MEMORANDiIM OF AGE 4 c This MOA is effective with the signatures of all parties and terminates at the close of business on September 30,2018, subject to Section VII of the MOA. IL AILM�O � ' l I This MOA is established pursuant to the following provisions: 1- Title 28, U.S.C.,Section 524(c),the Department of Justice,Asst Forfeiture Fund, which provides for the reimbursement of certain expenses of local,county,or State law l enforcement agencies incurred as participants in'joint operationsAask forces with a Department of the Justice law enforcement agency. r I 2. Departments of Commerce,Justice,and Stater the Judiciary,and Relmd Agencies Appropriations Bill,which provides for the nit of overtime salary costs of local,county,or State law enfmarnal 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.tbe reimbursemard of certain expenses of local,county,or State law enfor+cetnent agencies incurred as participants in joint operationsiUsk forces with a Federal law enforcement agency. If available,the funding for fiscal years 2014,2015,201 b,2017 and 2018 is contingpnt upon annual appropriation laws,Title 28,U.S.C.,Section 524(x),annual appropriations,and Title 31,U.S.C.,Section 332. If available,fending allocations for reimbursement of a xpenscs will be transmitted through a separate document 11Etis himermdum of Agreement(MOA)is'not a fee ft allocation document. UL rum%=OF THIS NEWEANDUM OF AC NT This MOA establishes the proceduress and responsibilities of both the City of Beaumont (Beaumont Police Department)and ATF for the reimbursement of certain.overtime and other prc-approved expenses incurred pursuant to the authority in Section IL IIV. NAME OF JOINT OPFR 4 M?NfrASK FORM(if appHeable) The name of this joint operation/task force:ATF TASK FORCE V. 99MOU ONS AND FRQU&URES A. The City of Beanmonf(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 1 basis. The City of Beaumont(Beaumont Police Department)shall provide A7T with the name(s),title(s),and employee identification number(s)of the officer(s) assigned to the investigation. B. The City of Beaumont(Beaumont Police Department)shall provide ATF,within ten-(10)calendar days of the signing of this MOA,with•a contact name,title, telepbone number and address. The City of Beaumont(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. z y F T i i C. The City of Bemmont(Beaumont Police Department)shall provide ATP,within ten(10)calendar days of the signing of this agreement,with the financial institution where the law enforcaaentagency wants the Electronic Rends Transfer(EFT) payment deposited for reimbutaemetlt. The machartism for this is the Unified Financial Management System(UFMS)Vendor Request Form. Within the UFMS Vendor Rest form,the.DUNS Number should be provided(DUNS—Data Universal Numbering System,identifes business entities on a location--specific basis)under section 12. When completed,forward this form to the appropriate ATF field office address: ATF,ATTN:Larry Sanders,2615 Calder Ave,Suite 330,Beaumont,Texas 77702. D. The City of Beaumont(Beaumont Police Department)may request reimbursement for payment of overtime expenses and oilier costs with prior ATF approval, including"but-not limitod to travel,fuel,training,and equipment,directly retried 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 City of Beaznaont(Beaumont Police Department) and submitted to ATF field office for'signature and verification of the invoice. F. The City of Beaumont(Beamont 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. i " I (2) No waivers or extensions will be granted or honored. The City of Beaumont(Beaumont Police Department)will submit the request for reimbursement via fax,email or mail to the following address: i ATF,ATTN:Larry Sanders,2615 Calder Ave,Suite 330,Beaumont,Texas, i 77702. ti. The ATF Supervisor sba11 be responaiblo for certifying that the request is for j overtime expenses incarred by the City of Beaumont(Beaumont Police Department)for participation with ATF during the joint operationhask 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. 3 ! .. I I H. The City of Beaumont(Beaumont Police Department)acknowledges that they remain-fully responsible for their obligations as the.employar of the officer(3) assigned to the joint operationhask face acid are responsible for thepayment of the overtime earai>ags,withholdings,ianxiee coverage,and all other requirements by law,regulations,ordinance or contract regardless of the reimbursable overtime charges incurred. I. All reimbursable hours of ovee dme work covered under this MOA must be approved in advance by the ATE supervisor. J. The ATF supervisor will forward all approved reimbursement requests to the Division Chief,Asset Forfeiture dt Seized Property Division for payment. Imo.: 'I1ds&Mmkmt MWA)dam MA obVelft fieida, Fu dinged' autimtitv;.with mwdmwn reimrbursemeart costa to any one law elf ircemort 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. VL PR{Dty'RAM AIJ iT This MOA and its procedures are subject to audit by ATF,the Department of Justice, Office of Inspector General,the Government Accountability Ogee,and other auditors authorized by the Federal government. The City of Beaumont(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. f i VII. REVISIONS I The terms of tuts MOA may be amended upon written approval by the original parties,or t their designated representatives. Any amendment to this MOA becomes effective upon the date of approval as stated in the amendment. Either party can cancel this MOA upon 60- calender 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 e agreement to the contrary. VIII. NQ, 'yATE RIGETI'C i This is an internal Government agreement between ATE.and the City of Beaumont, (Beaumont Police Department)and is not intended to confer any right or benefit to any private person or party. 4 e i i Me g tot c Spec' Agent in Charge d {Bea nt Police Deparmient) Houston Field Division ATF D Date: /r vxt orn Stephen K Martin Deputy Chief Finamkd Officer De"Assistant Director I Office of Management Field Operations ATF ATF i ; j 5 Date: Date: t i i i t 1 E i 5 # . I E E ' i