The URL can be used to link to this page

Home My WebLink AboutBureau of Alcohol, Tobacco, Firearms and Explosives-8/1/2011CITY OF WATERLOO Council Communication City Council Meeting: August 1, 2011 Prepared: July 27, 2011 Dept. Head Signature: # of Attachments: 5 SUBJECT: MEMORANDUM OF AGREEMENT — Bureau of Alcohol, Tobacco, Firearms and Explosives and the Waterloo Police Department Submitted by: Daniel J. Trelka, Director of Safety Services Recommended City Council Action: Requesting City Council pass a resolution allowing Daniel Trelka to sign the Memorandum of Agreement between the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Waterloo Police Department. Summary Statement: This Memorandum of Agreement (MOA) is being entered into 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 Waterloo Police Department in providing resources to assist ATF. Expenditure Required: Source of Funds Policy Issue Alternative Background Information: 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 Waterloo Police Department for Reimbursement of Overtime Salary Costs associated with ATF TASK FORCE XXXXXX***** This Memorandum of Agreement (MOA) is entered into by the Bureau of Alcohol. Tobacco, Firearms and Explosives (ATF) and the Waterloo 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 Waterloo 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. 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, 2016, 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. 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 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 2011, 2012, 2013, 2014 and 2015 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 Waterloo 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 Waterloo 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 Waterloo 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 Waterloo 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 Waterloo 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 C. The Waterloo 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, (Attachment A). When completed, forward this form to the following address: ATTN: Special Agent in Charge, Field Assets and Resource Management Branch, Asset Forfeiture & Seized Property Section, Bureau of Alcohol, Tobacco, Firearms and Explosives, Mail Stop 3N-600, 99 New York Ave, NE, Washington, D.C. 20226. D. The Waterloo 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 Waterloo Police Department and submitted to ATF field office for signature and verification of the invoice. F. The Waterloo 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 Waterloo Police Department will submit the request for reimbursement to the following address: ATF, ATTN: John D. Underwood, 210 Walnut Street, Room 707, Des Moines, IA 50309 G. The ATF Supervisor shall be responsible for certifying that the request is for overtime expenses incurred by the Waterloo 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. 3 H. The Waterloo 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. The ATF supervisor will forward all approved reimbursement requests to the Special Agent in Charge, Field Assets and Resource Management Branch, Asset Forfeiture & Seized Property Section 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 Waterloo 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 Waterloo Police Department and is not intended to confer any right or benefit to any private person or party. ******************* 4 Daniel Trelka Chief Waterloo Police Department Date: Michael Gleysteen Special Agent in Charge Kansas City Field Division ATF Date: And ew Pu _ Mark R. Chait D- .uty Chief Financial Officer Assistant Director Office of Management Field Operations ATF ATF Date: 7/2,0// Date: