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HomeMy WebLinkAbout10317* ORDINANCE NO. 10317 AN ORDINANCE APPROVING TWO COST REIMBURSEMENT AGREEMENTS, DELINEATING THE RESPONSIBILITIES OF THE SOUTHERN COLORADO VIOLENT GANG SAFE STREETS TASK FORCE (SCVGSSTF) AND THE SOUTHERN COLORADO TOC-W TASK FORCE (SCTOCWTF), BETWEEN THE FEDERAL BUREAU OF INVESTIGATION (FBI) AND THE CITY OF PUEBLO, AND RATIFYING THE MAYOR'S SIGNATURE THEREOF WHEREAS, the City Council and Mayor of Pueblo have the authority on behalf of the City of Pueblo, including its Police Department, to accept the Cost Reimbursement Agreements between the Federal Bureau of Investigation (FBI) and the City of Pueblo (City); and WHEREAS, acceptance of the Cost Reimbursement Agreements for the purposes for which they have 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 two Cost Reimbursement Agreements, between the FBI and the City, relating to the operation of the Southern Colorado Gang Crime Safe Streets Task Force and the Southern Colorado TOC-W Task Force, a true copy of which are attached hereto, having been approved as to form by the City Attorney, are hereby approved. SECTION 2. The Mayor is hereby authorized to execute both Cost Reimbursement Agreements on behalf of Pueblo, a Municipal Corporation, and the City Clerk is directed to 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 the intent of this Ordinance to implement the policies and procedures described herein. SECTION 4. This Ordinance shall become effective immediately upon final passage. Action by City Council: Introduced and initial adoption of Ordinance by City Council on October 11, 2022 . Final adoption of Ordinance by City Council on October 24, 2022 . President of City Council Action by the Mayor: ☒ Approved on October 27, 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 Deputy City Clerk City Clerk's Office Item # R14 Background Paper for Proposed Ordinance October 11, 2022 COUNCIL MEETING DATE: 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 TWO COST REIMBURSEMENT AGREEMENTS, DELINEATING THE RESPONSIBILITIES OF THE SOUTHERN COLORADO VIOLENT GANG SAFE STREETS TASK FORCE (SCVGSSTF) AND THE SOUTHERN COLORADO TOC-W TASK FORCE (SCTOCWTF), BETWEEN THE FEDERAL BUREAU OF INVESTIGATION (FBI) AND THE CITY OF PUEBLO, AND RATIFYING THE MAYOR'S SIGNATURE THEREOF SUMMARY: The purpose of these agreements is to formalize relationships between participating agencies for policy guidance, planning, training, public and media relations, and to maximize inter-agency cooperation. PREVIOUS COUNCIL ACTION: Previous Cost Reimbursement Agreements regarding this matter have been approved in the past. BACKGROUND: The mutual aid agreement concept, which utilizes an interagency approach involving the FBI and the PPD, is necessary for the public safety of the citizens of Pueblo and to provide for an appropriate and timely response to incidents involving matters of violent crime. FINANCIAL IMPLICATIONS: Administration of this Cost Agreement will require staff time within the Police Department to work cooperatively with the agencies and professionals at the FBI. BOARD/COMMISSION RECOMMENDATION: Not applicable to this Ordinance. STAKEHOLDER PROCESS: There is no stakeholder process required for these Cost Reimbursement Agreements. ALTERNATIVES: Decline the opportunity to work together with the FBI, hindering service to Pueblo citizens. RECOMMENDATION: Approval of the Ordinance. ATTACHMENTS: 1. PPD_SCTOCWTF_TFO_Cost_Reimbursement_Agreement-2022 2. PPD_SCVGSSTF_TFO_Cost_Reimbursement_Agreement-2022 For Official Use Only FEDERAL BUREAU OF INVESTIGATION Southern Colorado TOC-W Task Force Cost Reimbursement Agreement SCTOCWTF File No.: 281-DN-A3647434-MOU Pursuant to Congressional appropriations, the Federal Bureau of Investigation (FBI) receives authority to pay overtime for police officers assigned to the formalized Southern Colorado TOC-W Task Force (SCTOCWTF), as set forth below, for expenses necessary for detection, investigation, and prosecution of crimes against the United States. It is hereby agreed between the FBI and the Mayor of the City of Pueblo for the Pueblo Police Department(PPD), located at 200 S. Main St., Pueblo, CO 81003, Taxpayer Identification Number: 84- 6000615 and Telephone Number: 719-553-2498, that: 1. This Agreement is entered into pursuant to, and as an annex to, the FBI SCTOCWTF Memorandum of Understanding (MOU) signed by the Mayor of the City of Pueblo on 9 10.400 2022 and shall be read and interpreted in conformity with all terms of that document. 2. Commencing upon execution of this Agreement, the FBI will, subject to availability of required funding, reimburse PPD for overtime payments made to officers assigned to and working full time on SCTOCWTF related matters. 3. Requests for reimbursement shall be made on a monthly basis utilizing the United States Department of the Treasury Invoice Processing Platform (IPP) software system and shall be submitted to the FBI Denver Field Office immediately after the first of the month which follows the month for which reimbursement is requested. The reimbursement request shall be approved by the appropriate Supervisor(or their designee) at PPD prior to the invoice submission in IPP. The invoice submitted in IPP will automatically route to the FBI SCTOCWTF personnel for their review, approval, and processing for payment. 4. Overtime reimbursement payments from the FBI will be made via electronic funds transfer(EFT) directly to PPD using the FBI's Unified Financial Management System (UFMS). To facilitate EFT, PPD shall establish an account online in the System for Award Management (SAM) at www.SAM.cjov. Verification of PPD banking information is required on an annual basis in order to keep payment information current. For additional information regarding the UFMS and SAM, contact the FBI Denver Financial Liaison Specialist. 5. Overtime reimbursements will be calculated at the usual rate for which the individual officer's time would be compensated in the absence of this Agreement. However, said reimbursement, per officer, shall not exceed monthly and/or annual limits established annually by the FBI. The limits, calculated using Federal pay tables, will be in effect for the Federal fiscal year running from October 1st of one year through September 30th of the following year, unless changed during the period. The FBI reserves the right to change the reimbursement limits, upward or downward, for subsequent periods based on fiscal priorities and appropriations limits. The FBI will notify PPD of the applicable annual limits prior to October 1st of each year. 6. The number of PPD deputies assigned full-time to the SCTOCWTF and entitled to overtime reimbursement by the FBI shall be approved by the FBI in advance of each fiscal year. Based on the needs of the SCTOCWTF, this number may change periodically, upward or downward, as approved in advance by the FBI. 1 For Official Use Only This document is the property of the FBI and is loaned to your agency. Neither it nor its contents may be released without authorization by FBI Headquarters. Revised 05/24/2022 7. Prior to submission of any overtime reimbursement requests, PPD shall prepare an official document setting forth the identity of each officer assigned full-time to the SCTOCWTF, along with the regular and overtime hourly rates for each officer. Should any officers change during the fiscal year, a similar statement shall be prepared regarding the new officers prior to submitting any overtime reimbursement requests for the officers. If the rate changes during the fiscal year for a previously assigned officer, an updated letter shall be attached with the invoice submission in IPP that reflects the new rate. The updated letter shall be mailed to the Denver Field Office SCTOCWTF personnel to maintain in FBI records. 8. Each request for reimbursement shall be submitted via IPP to the FBI. The request for reimbursement shall include an invoice number, invoice date, the name, overtime compensation rate, number of reimbursable hours claimed, and the dates of those hours for each officer for whom reimbursement is sought. An attachment signed and dated by an authorized Agency representative noting the dates and hours for each officer overtime reimbursement claimed shall be uploaded in IPP as supporting documentation for the invoice to confirm the information described in this paragraph is accurate, and the personnel for whom reimbursement is claimed were assigned full-time to the SCTOCWTF. 9. Requests for reimbursement shall be submitted monthly and all requests shall be received by the FBI no later than December 31st of the next fiscal year for which the reimbursement applies. For example, reimbursements for the fiscal year ending September 30, 2022, shall be received by the FBI monthly and not later than December 31, 2022. The FBI is not obligated to reimburse any requests received untimely and not in accordance herewith. 10. This Agreement is effective upon signatures of the parties and will remain in effect for the duration of PPD's participation on the SCTOCWTF, contingent upon approval of necessary funding, and unless terminated in accordance with the provisions herein. This Agreement may be modified at any time by written consent of the parties or based on changing business operations and practices of the FBI. It may be terminated at any time upon mutual consent of the parties, or unilaterally upon written notice from the terminating party to the other party at least 30 days prior to the termination date. Signatories: • ,""-- . 4:44.44,Ar Michael . S neider Nicholas A. Gradisar Special Agen in Charge Mayor Federal Bureau of Investigation City of Pueblo, Colorado Date: `� l 3 0 / 2.2- Date: 9-074-i ce diujl Financi Li-I.o ���•ecialist Federal ureau of Investigation Date: qb-1b0)}- 2 For Official Use Only This document is the property of the FBI and is loaned to your agency. Neither it nor its contents may be released without authorization by FBI Headquarters. • For Official Use Only FEDERAL BUREAU OF INVESTIGATION Southern Colorado Violent Gang Safe Streets Task Force Cost Reimbursement Agreement SCVGSSTF File No.: 281-DN-A3647441-MOU Pursuant to Congressional appropriations, the Federal Bureau of Investigation (FBI) receives authority to pay overtime for police officers assigned to the formalized Southern Colorado Violent Gang Safe Streets Task Force (SCVGSSTF), as set forth below, for expenses necessary for detection, investigation, and prosecution of crimes against the United States. It is hereby agreed between the FBI and the Mayor of the City of Pueblo for the Pueblo Police Department (PPD), located at 200 S. Main St., Pueblo, CO 81003, Taxpayer Identification Number: 84-60006-15, and Telephone Number: 719-553-2498, that: 1. This Agreement is entered into pursuant to, and as an annex to, the FBI SCVGSSTF Memorandum of Understanding (MOU) signed by the Mayor of the City of Pueblo on 9'-oC•,ZOP2., 2022 and shall be read and interpreted in conformity with all terms of that document. 2. Commencing upon execution of this Agreement, the FBI will, subject to availability of required funding, reimburse PPD for overtime payments made to officers assigned to and working full time on SCVGSSTF related matters. 3. Requests for reimbursement shall be made on a monthly basis utilizing the United States Department of the Treasury Invoice Processing Platform (IPP) software system and shall be submitted to the FBI Denver Field Office immediately after the first of the month which follows the month for which reimbursement is requested. The reimbursement request shall be approved by the appropriate Supervisor(or their designee) at PPD prior to the invoice submission in IPP. The invoice submitted in IPP will automatically route to the FBI SCVGSSTF personnel for their review, approval, and processing for payment. 4. Overtime reimbursement payments from the FBI will be made via electronic funds transfer(EFT) directly to PPD using the FBI's Unified Financial Management System (UFMS). To facilitate EFT, PPD shall establish an account online in the System for Award Management (SAM) at www.SAM.gov. Verification of PPD banking information is required on an annual basis in order to keep payment information current. For additional information regarding the UFMS and SAM, contact the FBI Denver Financial Liaison Specialist. 5. Overtime reimbursements will be calculated at the usual rate for which the individual officer's time would be compensated in the absence of this Agreement. However, said reimbursement, per officer, shall not exceed monthly and/or annual limits established annually by the FBI. The limits, calculated using Federal pay tables, will be in effect for the Federal fiscal year running from October 1st of one year through September 30th of the following year, unless changed during the period. The FBI reserves the right to change the reimbursement limits, upward or downward, for subsequent periods based on fiscal priorities and appropriations limits. The FBI will notify PPD of the applicable annual limits prior to October 1st of each year. 6. The number of PPD deputies assigned full-time to the SCVGSSTF and entitled to overtime reimbursement by the FBI shall be approved by the FBI in advance of each fiscal year. Based on the needs of the SCVGSSTF, this number may change periodically, upward or downward, as approved in advance by the FBI. 1 For Official Use Only This document is the property of the FBI and is loaned to your agency. Neither it nor its contents may be released without authorization by FBI Headquarters. Revised 05/24/2022 7. Prior to submission of any overtime reimbursement requests, PPD shall prepare an official document setting forth the identity of each officer assigned full-time to the SCVGSSTF, along with the regular and overtime hourly rates for each officer. Should any officers change during the fiscal year, a similar statement shall be prepared regarding the new officers prior to submitting any overtime reimbursement requests for the officers. If the rate changes during the fiscal year for a previously assigned officer, an updated letter shall be attached with the invoice submission in IPP that reflects the new rate. The updated letter shall be mailed to the Denver Field Office SCVGSSTF personnel to maintain in FBI records. 8. Each request for reimbursement shall be submitted via IPP to the FBI. The request for reimbursement shall include an invoice number, invoice date, the name, overtime compensation rate, number of reimbursable hours claimed, and the dates of those hours for each officer for whom reimbursement is sought. An attachment signed and dated by an authorized Agency representative noting the dates and hours for each officer overtime reimbursement claimed shall be uploaded in IPP as supporting documentation for the invoice to confirm the information described in this paragraph is accurate, and the personnel for whom reimbursement is claimed were assigned full-time to the SCVGSSTF. 9. Requests for reimbursement shall be submitted monthly and all requests shall be received by the FBI no later than December 31st of the next fiscal year for which the reimbursement applies. For example, reimbursements for the fiscal year ending September 30, 2022, shall be received by the FBI monthly and not later than December 31, 2022. The FBI is not obligated to reimburse any requests received untimely and not in accordance herewith. 10. This Agreement is effective upon signatures of the parties and will remain in effect for the duration of PPD's participation on the SCVGSSTF, contingent upon approval of necessary funding, and unless terminated in accordance with the provisions herein. This Agreement may be modified at any time by written consent of the parties or based on changing business operations and practices of the FBI. It may be terminated at any time upon mutual consent of the parties, or unilaterally upon written notice from the terminating party to the other party at least 30 days prior to the termination date. Signatories: a / —.yl • Michael H4neider Nicholas A. Fadi ar Special A, Charge Mayor Federal Bureau of InvestigationICity of Pueblo, Colorado Date: � '3 J ` ZZ Date: I .a- 7.Da Financ L. so ecialist Feder Bureau of Investigation Date: 914940,1.7?- 2 For Official Use Only This document is the property of the FBI and is loaned to your agency. Neither it nor its contents may be released without authorization by FBI Headquarters.