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: