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HomeMy WebLinkAbout10258ORDINANCE NO. 10258 AN ORDINANCE APPROVING AND ACCEPTING AN AGREEMENT BETWEEN THE CITY OF PUEBLO AND THE U.S. DEPARTMENT OF JUSTICE, BUREAU OF ALCOHOL, TOBACCO, AND FIREARMS, REGARDING REIMBURSEMENT OF POLICE PERSONNEL OVERTIME AND OTHER EXPENSES ACCRUED WHILE WORKING JOINT OPERATIONS WHEREAS, the City Council of Pueblo has the authority on behalf of the City of Pueblo, including its Police Department, to accept an Agreement with the U.S. Department of Justice, Bureau of Alcohol, Tobacco, and Firearms (“ATF”); and WHEREAS, the Agreement will provide reimbursement for police overtime and other expenses related to joint operations with ATF; and WHEREAS, acceptance of the funding for the purposes for which it has been made is in the best interest of the City and will benefit the health, welfare, and safety of the citizens of the City; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Agreement between the City on Pueblo on behalf of the Pueblo Police Department and the U.S. Department of Justice, Bureau of Alcohol, Tobacco, and Firearms to reimburse overtime and other associated expenses by police personnel pertaining to joint operations, a copy of which is attached hereto, having been approved by the City Attorney, is hereby approved. SECTION 2. The Mayor is hereby authorized to execute the Agreement on behalf of the City of Pueblo, and the City Clerk shall affix the Seal of the City thereto and attest same. SECTION 3. The officers and staff of the City are authorized to perform any and all acts consistent with this Ordinance and the attached Agreement to implement the transactions described herein. SECTION 4. This Ordinance shall become effective on the date of final action by the Mayor and City Council. Action by City Council: Introduced and initial adoption of Ordinance by City Council on August 8, 2022 . Final adoption of Ordinance by City Council on August 22, 2022 . President of City Council Action by the Mayor: ☒ Approved on August 24, 2022 . □ Disapproved on based on the following objections: _ Mayor Action by City Council After Disapproval by the Mayor: □ Council did not act to override the Mayor's veto. □ Ordinance re-adopted on a vote of , on □ Council action on _______ failed to override the Mayor’s veto. President of City Council ATTEST City Clerk City Clerk’s Office Item # R-7 BACKGROUND PAPER FOR PROPOSED ORDINANCE COUNCIL MEETING DATE: August 8, 2022 TO: President Heather Graham and Members of City Council CC: Mayor Nicholas A. Gradisar VIA: Marisa Stoller, City Clerk FROM: Chris Noeller, Chief of Police SUBJECT: AN ORDINANCE APPROVING AND ACCEPTING AN AGREEMENT BETWEEN THE CITY OF PUEBLO AND THE U.S. DEPARTMENT OF JUSTICE, BUREAU OF ALCOHOL, TOBACCO, AND FIREARMS, REGARDING REIMBURSEMENT OF POLICE PERSONNEL OVERTIME AND OTHER EXPENSES ACCRUED WHILE WORKING JOINT OPERATIONS SUMMARY: U.S. Department of Justice, Bureau of Alcohol, Tobacco, and Firearms has provided an agreement to the Pueblo Police Department to reimburse overtime and other associated expenses by police personnel pertaining to joint operations PREVIOUS COUNCIL ACTION: On October 25, 2021 in Ordinance No. 10030, City Council approved a Memorandum of Understanding with ATF continuing the Violent Crime/NIBIN Task Force through September 30, 2026. BACKGROUND: ATF and the Pueblo Police Department has a long-standing Task Force with the mission of, proactively and reactively, targeting Armed Violent Offenders and NIBIN investigations which focus on intelligence-led policing techniques and target those responsible for committing violent crime in Pueblo, Colorado. Additionally, PPD TFOs assist ATF with violent crime investigations outside the Pueblo, Colorado area when necessary. Since the establishment of this Task Force, the Pueblo Police Department has dedicated two officers to the Task Force. The Task Force has investigated hundreds of cases involving the illegal use of firearms, explosives, and violent crime resulting in successful State and Federal prosecutions. FINANCIAL IMPLICATIONS: Participation in the reimbursement program and approval of the Agreement will significantly decrease the overtime costs and other expenses the Police Department must pay from its regular budget which result from PPD personnel working joint operations. BOARD/COMMISSION RECOMMENDATION: None. STAKEHOLDER PROCESS: There is no stakeholder process required for this grant. ALTERNATIVES: The alternative is to refuse the Agreement leaving the City of Pueblo responsible for all costs associated with conducting joint operations. RECOMMENDATION: Approval of the Ordinance. Attachments: Memorandum of Agreement between the City of Pueblo and U.S. Department of Justice, Bureau of Alcohol, Tobacco, and Firearms w* U.S. Department of Justice Bureau of Alcohol, Tobacco, Firearms and Explosives Washington,DC 20226 www.atfgov MEMORANDUM OF AGREEMENT Between the Bureau of Alcohol, Tobacco, Firearms and Explosives and Pueblo 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), headquartered in Washington, D.C., and the City of Pueblo, a Colorado Municipal Corporation, on behalf of the Pueblo Police Department("City" or"Pueblo Police Department"), headquartered in Pueblo, CO 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 Pueblo 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. L DURATION OF THIS MEMORANDUM OF AGREEMENT This MOA is effective on October 1, 2022,with the signatures of all Parties and terminates at the close of business on September 30,2027,subject to Section VII of the MOA. II. AUTHORITY This MOA is established pursuant to the following provisions: 1. Title 28, U.S.C., Section 524(c), the Department of Justice, Assets Forfeiture Fund, which provides for the payment of overtime salaries,travel, fuel, training, equipment and other similar costs of State and local law enforcement officers that are incurred in a joint asset forfeiture law enforcement operation with a Federal law enforcement agency participating in the Assets Forfeiture Fund initiative. 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 28, U.S.C., Section 530C, which provides that the activities of the Department of Justice (including any bureau, office, etc.) may be carried out through any means, including through contracts, grants, or cooperative agreements with non-Federal parties. This Memorandum of Agreement (MOA) is not a funding allocation document. III. PURPOSE OF THIS MEMORANDUM OF AGREEMENT This MOA establishes the procedures and responsibilities of both the Pueblo Police Department and ATF for the reimbursement of certain overtime and other pre-approved expenses incurred pursuant to the authority in Section II. IV. NAME OF JOINT OPERATION/TASK FORCE(if applicable) The name of this joint operation/task force: ATF TASK FORCE V. CONDITIONS AND PROCEDURES A. The Pueblo 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 Pueblo 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 Pueblo 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 Pueblo 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 Pueblo Police Department shall provide ATF, within ten (1 0) 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, 2 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 Brandon Garcia, 5755 Mark Dabling Boulevard, Suite 350, Colorado Springs, CO 80919 D. The Pueblo 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. F. 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 Pueblo Police Department and submitted to ATF field office for signature and verification of the invoice. F. The Pueblo 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. (I) 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 Pueblo Police Department will submit the request for reimbursement via mail, email, or fax to the followingaddress: ATF, ATTN: RAC Brandon Garcia, 5755 Mark Dabling Boulevard, Suite 350, Colorado Springs, CO 80919, Brandon.Garcia( atf.gov G. The ATF Supervisor shall be responsible for certifying that the request is for overtime expenses incurred by the Pueblo 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. I I The Pueblo 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, 3 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-1 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 reimbursed 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 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(MOM 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. If available, the funding for fiscal years 2023, 2024, 2025, 2026 and 2027 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. VL 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 Pueblo 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 4 any and all personnel involved in these transactions. VIL REVISIONS The terms of this MOA may be amended upon written approval by the original parties,or 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- calendar day's written notice to the other party. The ATF will only process requests for overtime incurred before the date of cancellation, absent a specific written agreement to the contrary. VIII. NO PRIVATE RIGHT CREATED This is an internal Government agreement between ATF and the Pueblo Police Department. Nothing in this Agreement is intended, nor should it be construed, to create any rights, claims, or benefits or assume any liability for or on behalf of any third party, or to waive any immunities or limitations conferred under federal or state law, including but not limited to the Colorado Governmental Immunity Act, § 24-10-101 et seq., C.R.S. IX. LIMITATIONS A. The relationship between the Parties to this Agreement is and shall remain that of independent departments and agencies. Nothing herein shall be construed to imply either Party's employees are employees of the other. B. A determination that any term of this MOA is invalid for any reason shall not affect The validity of the remaining terms. C. The obligations in this MOA are subject to the availability of the necessary resources to the Parties. No provision of this MOA shall be interpreted to require obligation or payment of funds in violation of the Anti-deficiency Act, 31 U.S.C. Section 1341, Colorado TABOR, Article X, § 20 of the Colorado Constitution, or other applicable laws. D. Each Party shall assume the responsibility and liability for the acts and omissions of its own employees or agents in connection with the performance of their obligations under this Agreement that are executed within the scope of their employment, including claims for injury, loss or damage to personal property or death, except in the case of the federal Government, liability shall be determined pursuant to the Federal Tort Claim Act(FTCA—28 U.S.C. Section 1346). E. The mutual covenants and terms, and any applicable MOUs, represent the entire Agreement and understanding of the Parties with respect to the subject matter hereof, and supersede all prior and contemporaneous agreements and 5 understandings relative to such subject matters. No representations or statements of any kind made by either Party, which are not expressly stated herein, shall be binding on such Party. F. Failure or delay on the part of any Party to exercise any right, remedy, power or privilege hereunder shall not operate as a waiver thereof. A waiver, to be effective, must be in writing and signed by the Party making the waiver. A written waiver of a default shall not operate as a waiver of any other default or of the same type default on a future occasion. G. The terms and provisions in this Agreement shall be construed under the Applicable federal statutes and regulations. X. SIGNATURES AND ACKNOWLEDGEMENT A. By subscription of their signatures below, the Parties represent and warrantthat they are duly authorized to enter into this MOA on behalf of ATF and Pueblo Police Department. B. By subscription of their signatures below,the Parties acknowledge that they have read, understand,and intend to abide by the terms of this MOA. Digitally signed by DAVID --2(4144V/C4644 r�� ' -BOOTH Date 2022.05.0313 5021 -06'00' Nicholas Gradisar David S.Booth Mayor Special Agent in Charge City of Pueblo Denver Field Division ATF Date:_, '�y"0)0 Date: Digitally signed by IHOR IHOR KOLCIO Date 010 22.050311 0514 -04'00' Eric Lippold _ _-- Deputy Chief Financial Officer Office of Management ATF Date 6