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Home My WebLink AboutResolution - 2018-R0304 - MOA With Bureau Of Alcohol, Tobacco, And Firearms (ATF) For ATF Task Force - 09/13/2018Resolution No. 2018-R0304 Item No. 6.20 September 13, 2018 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock, Memorandum of Agreement (MOA) between the Bureau of Alcohol, Tobacco, and Firearms (A TF) and the City of Lubbock on behalf of the Lubbock Police Department for Reimbursement of Overtime Salary Costs associated with the ATF Task Force, and related documents. This MOA does not award any funds; an award of funds will be by separate agreement and documentation. Said MOA is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. September 13, 2018 Passed by the City Council on ~~~~~~~~~~~~ DAN~R ATTEST: APPROVED AS TO CONTENT: G~ APPROVED AS TO FORM: Resolution No. 2018-R0304 U.S. Department of Justice Bureau of Alcohol, Tobacco, Firearms and Explosives Washington. DC 10126 M•~•·.aif.gol' MEMORANDUM OF AGREEMENT Between the Bureau of Alcohol, Tobacco, Firearms and Explosives and Lubbock 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, Fireanns and Explosives (ATF) and the Lubbock Police Department for the purpose of reimbursement of overtime salary costs and other costs, with prior A TF approval, including but not limited to travel, fuel, training, and equipment, incurred by the Lubbock Police Department in providing resources to assist A TF. Payments may be made to the extent they are included in A TF's Fiscal Year Plan and the mbnies are available to satisfy the request(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, 2022, 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, 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. I 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 A TF 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 2018, 2019, 2020, 2021 and 2022 is contingent upon annual appropriation laws, Tit1e 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 Lubbock Police Department and A TF for the reimbursement of certain overtime and other pre-approved expenses incurred pursuant to the authority in Section II. IV. NAME OF JOINT OPERATIONff ASK FORCE (if applicable) The name of this joint operation/task force: ATF TASK FORCE V. CONDITIONS AND PROCEDURES A. The Lubbock 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 Lubbock 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 Lubbock 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 Lubbock 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. 2 I C. The Lubbock 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 A TF field office address: ATF, AITN: RAC Kevin Srivastava, 5214 681h Street, Suite 300, Lubbock, TX 79424 D. The Lubbock 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 A TF for the payment of expenses must be submitted on the appropriate forms as provided by A TF. The invoice shall be signed by an authorized representative of the Lubbock Police Department and submitted to ATF field office for signature and verification of the invoice. F. The Lubbock Police Department will submit all requests for reimbursable payments, together with the appropriate documentation to A TF 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 1 O working days, the overti111e costs will not be reimbursed. (2) No waivers or extensions will be granted or honored. The Lubbock Police Department will submit the request for reimbursement via fax, email or mail to the following address: ATF, ATTN: RAC Kevin Srivastava;5214 681h Street, Suite 300, Lubbock, TX 79424 G. The A TF Supervisor shall be responsible for certifying that the request is for overtime expenses incurred by the Lubbock Police Department for participation with A TF 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. 3 H. The Lubbock 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 called away on an A TF 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 (HIDT A), cannot exceed the fiscal year salary cap when all funding is combined; it is the RAC/OS's responsibility to ensure that the officer does not receive double funding in excess of the fiscal year cap. L. The A TF supervisor will forward all approved reimbursement requests to the Division Chief, Asset Forfeiture & Seized Property Division for payment. M. This document <MOAl 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 confinnation from the field division. 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 Lubbock 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. 4 VII. REVISIONS The tcnns 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 A TF 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 A TF and the Lubbock Police Department and is not intended to confer any right or benefit to any private person or party. ******************* For the City of Lubbock: Danie~ Date: Attest-:~Se-p-te-m~be_r,..,lr""l3-, ~20f'r"'lH8r-------- Reb cca Garza, City Secreta Ap ved as to Content: Gr~ Approved as to Form· (.,' _., (\j ,0 .... 1.J,. .. -,._,.,-~ / !.:.h· vr..,::>i; · . ../ :"! J L~.._/E ·c M. Lippold I/ \\ 1 Deputy Chief Financial Offi cer Office of Mana:ement _.\ 11 J effrtfu ffi:is \ek --- .'/"'J ' ~cial Agent in Charge Dallas Field Division ATF I I Date -o/~ t y" Carlos A. Canino Deputy Assistant Director (West) Field Operations ATF Date: