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,
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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,
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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
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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
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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
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