HomeMy WebLinkAboutContract 50038 CITY SECRETARY
CONTRACTNO. �O
U.S.Department of Justice
Bureau of Alcohol,Tobacco,
Firearms and Explosives
Washington.DC 20116
www.0ffgov
6
RECEIVED
DEC 1 1 2017
c yOV FORT
SECRETARY
WORTH
MEMORANDUM OF AGREEMENT
CIV Between the
Bureau of Alcohol,Tobacco,Firearms and Explosives
and
Fort Worth 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 Fort Worth 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 Fort Worth 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 30,2022,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.
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH TTX
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 2017,2018,2019,2020 and 2021 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 Fort Worth 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 Fort Worth 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 Fort
Worth 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 Fort Worth 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 Fort Worth 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.
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C. The Fort Worth 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 Blake Gordon,6000 Western Place,Suite 400,Fort Worth,TX
76107
D. The Fort Worth 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 Fort Worth Police Department and submitted to
ATF field office for signature and verification of the invoice.
F. The Fort Worth 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
I 0th 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 Fort Worth
Police Department will submit the request for reimbursement via fax,email
or mail to the following address:
ATF,ATTN:RAC Blake Gordon,6000 Western Place,Suite 400,Fort
Worth,TX 76107
G. The ATF Supervisor shall be responsible for certifying that the request is for
overtime expenses incurred by the Fort Worth 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 Fort Worth 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.
1. 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 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(H@TA),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.
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 Fort Worth 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.
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VII. UVISION§
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.
VllI. NO PRIVATE RIGHT CLEATED
This is an internal Goverment agreement between ATF and the Fort Worth Police
Department and is not intended to confer any right or benefit to any private person or party.
Joc! Fowbcrald p:Milliam A Tcr:p'
Chicfof Policc Special Agent in Charge
Fort Worth Police Department Dallas Field Division
ATF
Date. Ila J Date:_, � 4 . .
L
nic M. pold William P.McMullan
Deputy Chief Financial Officer Deputy Assistant Director(West)
Office of Management Field Operations
ATF ATF
Date: / 7 Date:
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX
FOR THE CITY OF FORT WORTH
vv/�
Date:
Valerie R.Washington
Assistant City Manager
City of Fort Worth
APPROVED AS TO FORM AND LEGALITY
Date:
Matthew Murray
Assistant City Attorney
ATTEST 1TY
* c .. o.
ary ayser
city of Secretary
CONTRACT COMPLIANCE MANAGER:
By signing, I acknowledge that I am the person
responsible for the monitoring and administration
of this contract, including ensuring all performance
and reporting requirements.
Cc:
"e, V U Date: Z
Carla Vasquez T
Management Analyst 11
OFFICIAL RECORD
CITY SECRETARY 6
FT.WORTH,TX _