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Home My WebLink About07767ORDINANCE NO. 7767 AN ORDINANCE APPROVING A MEMORANDUM OF AGREEMENT BETWEEN THE BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES AND THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, ON BEHALF OF THE POLICE DEPARTMENT, RELATING TO OVERTIME REIMBURSEMENT AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Memorandum of Agreement between the Bureau of Alcohol, Tobacco, Firearms and Explosives and the City of Pueblo, a Municipal Corporation, on behalf of the Pueblo Police Department relating to reimbursement of overtime and other costs incurred by the Pueblo Police Department in providing resources to assist ATF, a true copy of which is attached hereto, having been approved as to form by the City Attorney, is hereby approved. SECTION 2. The President of the City Council is hereby authorized to execute the Memorandum of Understanding on behalf of Pueblo, a Municipal Corporation. INTRODUCED February 25, 2008 PASSED AND APPROVED: March 24. 2008 Cl �- CD , Background Paper for Proposed •. ORDINANCE AGENDA ITEM # 53 DATE: FEBRUARY 25, 2008 DEPARTMENT: POLICE DEPARTMENT CHIEF JAMES W. BILLINGS, JR. TITLE AN ORDINANCE APPROVING A MEMORANDUM OF AGREEMENT BETWEEN THE BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES AND THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, ON BEHALF OF THE POLICE DEPARTMENT, RELATING TO OVERTIME REIMBURSEMENT AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME ISSUE To approve the Memorandum of Agreement to cover reimbursement of overtime, expenses and other costs incurred by the Pueblo Police Department in providing resources to assist the ATF. RECOMMENDATION The department recommends approval of this resolution. BACKGROUND This,'MOA establishes the procedures and responsibilities of both the Pueblo Police Department and the ATF for the ,reimbursement of certain overtime and other pre- approved expenses incurred °pursuant to the authority in Section II of the MOA. FINANCIAL IMPACT There' is no financial cost to the City of Pueblo, as the Bureau of Alcohol, Tobacco, Firearms and Explosives, subject to availability of appropriated funds, will pay for the cost of officer overtime. U.S. Department of Justice Bureau of Alcohol, Tobacco, Firearms and Explosives Washington, DC 20226 .. www.atf.gov 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) and the Pueblo 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 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 requests(s) for reimbursable overtime expenses. I. DURATION OF THIS MEMORANDUM OF AGREEMENT This MOA is effective with the signatures of all parties and terminates at the close of business on September 30, 2012, 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 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. 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. 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 year 2008, 2009, 2010, 2011 and 2012 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. 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 H. 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 10 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 E. C. The Pueblo 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 SF 3881, ACH Vendor /Miscellaneous Payment Enrollment Form, which is Attachment A. When completed, forward this form to the ATTN: Special Agent in Charge, Asset Forfeiture & Seized Property Branch, Bureau of Alcohol, Tobacco, Firearms and Explosives, Mail Stop 3N -600, 99 New York Ave, NE, Washington, DC 20226. 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. 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 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. (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 Pueblo Police Department will submit the request for reimbursement to ATF, ATTN: 111 South Tejon Street, Suite 503, Colorado, CO 80903. 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. H. 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, 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. The ATF supervisor will forward all approved reimbursement requests to the Special Agent in Charge, Asset Forfeiture and Seized Property Branch, for payment. K. This document 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. VI. 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 any and all personnel involved in these transactions. VII. 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 days 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 PRIVATE RIGHT CREATED This is an internal government agreement between ATF and the Pueblo Police Department and is not intended to confer any right or benefit to any private person or party. A ame m sV.Billings, Jr. Chief of Police Pueblo Police Department Date: 3- 3/ — o g Melanie S. Stinnett Assistant Director Management/CFO ATF Date: 1 Z' to I U'} Barbara Vidmar President of the City Council Atte t Gina Dutcher City Clerk Matthew Horace - Special Agent in Charge, Denver Field Division ATF Date: d William J. Hoover Assistant Director Field Operations ATF Date: 4 o lo - ? 5