HomeMy WebLinkAboutR-2018-092 Overtime Salary Costs Reimbursement Agreement with the ATFA RESOLUTION
RESOLUTION NO. R-2018-092
authorizing execution of a recurring annual Memorandum of Agreement
with the Bureau of Alcohol, Tobacco, Firearms and Explosives for
Reimbursement of Overtime Salary Costs associated with ATF Task Force
WHEREAS, the City of Yakima and the Bureau of Alcohol, Tobacco, Firearms and
Explosives ("ATF") through their law enforcement agencies have maintained a cooperative
working agreement designed to combat violent crimes within the City of Yakima, and
WHEREAS, the Agreement provides reimbursement to the City of Yakima for overtime
costs associated with participation in ATF Task Force investigations of gun related violent crime,
especially those involving criminal street gangs, and which include federal indictments of
suspects; and
WHEREAS, the agreement establishes the procedures and responsibilities of the City of
Yakima and ATF for the reimbursement of certain overtime and other preapproved expenses
incurred as a participant in the ATF Task Force, and
WHEREAS, the City Council deems it to be in the best interest of the City to approve the
agreement, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The Chief of Police of the City of Yakima is hereby authorized and directed to sign the
Memorandum of Agreement between the Bureau of Alcohol, Tobacco, Firearms and Explosives
and City of Yakima Police Department for Reimbursement of Overtime Salary Costs associated
with ATF Task Force, which is hereby incorporated by reference
ADOPTED BY THE CITY COUNCIL this 21St day of August, 2018
ATTEST
Sonya CIa1,ar Tee, City
*
U.S. Department of Justice
Bureau of Alcohol, Tobacco,
Firearms and Explosives
Washington, DC 10116
www.afgo'
MEMORANDUM OF AGREEMENT
Between the
Bureau of Alcohol, Tobacco, Firearms and Explosives
and
City of Yakima 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 City of Yakima Police Departmentfor 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 City of Yakima Police
Departmentin 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, 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.
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 2018, 2019, 2020, 2021 and 2022 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.
HI. PURPOSE OF THIS MEMORANDUM OF AGREEMENT
This MOA establishes the procedures and responsibilities of both the City of Yakima
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 City of Yakima 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 City
of Yakima 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 City of Yakima 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 City of Yakima 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 City of Yakima 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 ATF field office address:
ATF, ATTN: RAC Robert Almgren, 402 East Yakima Avenue, Suite 600, Yakima,
WA 98901
D. The City of Yakima 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 City of Yakima Police Department and submitted
to ATF field office for signature and verification of the invoice.
F. The City of Yakima 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 City of Yakima
Police Department will submit the request for reimbursement via fax, email
or mail to the following address:
ATF, ATTN: RAC Robert Almgren, 402 East Yakima Avenue, Suite 600,
Yakima, WA 98901
G. The ATF Supervisor shall be responsible for certifying that the request is for
overtime expenses incurred by the City of Yakima 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 City of Yakima 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 -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 (MOA) 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.
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 City of Yakima 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
VIII.
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 request for
overtime for overtime incurred before the date of cancellation, absent a specific written
agreement to the contrary.
NO PRIVATE RIGHT CREATED
This is an internal Government agreement between ATF and the City of Yakima Police
Department and is not intended to confer any right or benefit to any private person or party.
*******************
Dominic Rizzi, Jr.
Chief of Police
City of Yakima Police Department
Date: Z Z ,4 cm, carr
CITU CONTRACT NO
./��RESOLUTION NO'
Eric M. Lippold
Deputy Chief Financial Officer
Office of Management
ATF
Date: n IT
Darek G. Pleasants
Special Agent in Charge
Seattle Field Division
ATF
Date: 7/27/
r
Carlos A. Canino
Deputy AssistantDirector (West)
Field Operations
ATF
Date: h
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
1
Item No. 6.J.
For Meeting of: August 21, 2018
ITEM TITLE: Resolution authorizing execution of a recurring annual
Memorandum of Agreement with the Bureau of Alcohol, Tobacco,
Firearms and Explosives for Reimbursement of Overtime Salary
Costs associated with ATF Task Force
SUBMITTED BY: David Cortez, Sergeant, Yakima Police Department
Bronson Faul, Senior Assistant City Attorney
SUMMARY EXPLANATION:
The City of Yakima and the Bureau of Alcohol, Tobacco, Firearms and Explosives ("ATF")
maintain a cooperative working agreement designed to combat violent crimes within the City of
Yakima. The agreement provides reimbursement to the City of Yakima for overtime costs
associated with participation in ATF Task Force investigations of gun related violent crime,
especially those involving criminal street gangs, and which include federal indictments of
suspects.
The agreement establishes the procedures and responsibilities of the City of Yakima and ATF for
the reimbursement of certain overtime and other preapproved expenses incurred as a participant
in the ATF Task Force including, but not limited to, travel, fuel, training, and equipment incurred by
the City of Yakima Police Department providing resources to assist ATF. The agreement is on
file in the City Clerk's office.
ITEM BUDGETED:
STRATEGIC PRIORITY:
APPROVED FOR
SUBMITTAL:
NA
Public Safety
STAFF RECOMMENDATION:
Adopt resolution
BOARD/COMMITTEE RECOMMENDATION:
ATTACHMENTS:
Description Upload Date
0 resolution W10/2018
Type
Coker Memo
2