HomeMy WebLinkAboutContract 36484CITY SECRETARY u�NTRA T NO. U.S. Departmi. of Justice
*:
Bureau of Alcohol, Tobacco,
Firearms and Explosives
Washington, Dc zoz26
www.at£gov
MEMORANDUM OF AGREEMENT
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,
d the Fort Worth Police Department for the purpose of
Firearms and Explosives (ATF) an
reimbursement of overtime salary costs and other costs, with prior ATE 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 acre 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 A
This MOA is effective with the signatures of all parties and terminates at the close of business
on September 30, 2012, subject to Section v n 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 j oint operations/task forces with a
Department of the Justice law enforcement agency.
and State, the Judiciary, and Related Agencies
2. Departments of Commerce, Justice,
which provides for the
Appropriations Bill, 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 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.
J 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 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 OPERA.TION/TASKFORCE (if applicable)
V.
The name of this joint operation/task force: ATF TASK FORCE
A. -The Fort Worth Police Department shall assignTo the maxi exten possible,
investigations of Federal, state, and local laws. m
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 10 days of the signing
ThF
of this MOA, with a contact name, title, telephone number and address. e ort
ide the name of the official responsible for
Worth Police Department shall also prov
providing audit information under paragraph VI of this MOA, and the name of the
official authorized to submit an invoice to ATF under E.
�a
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 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, 650 Massachusetts Avenue, NW, Techworld 710, Washington, DC
20226.
D. Inc 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 1 Oth day of
each subsequent month that the agency is seeking reimbursement.
AT
(1) If the reimbursement request is not received by the
field office by the
1 Oth 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 to ATF, ATTN0 Carl W.
Walker, 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 officers) assigned to the joint
operation/task force and are responsible for the payment of the overtime earnings,
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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, 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 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.
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.
VHI. NO PRIVATE RIGHT CREATED
This is an internal government 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.
0
Mendoza
Chief
Fort Worth Police Department
Melanie S. Stinnett
Assistant Director
Management/CFO
ATF
Michael Golson
Acting Special Agent in Charge
Dallas Field Division
ATF
Date:
William J. Hoover
Assistant Director
Field Operation.
ATF 1
Date:
E
ttiart�r Is:n.�
MEMORANDUM TO THE RECORD:
TO: CONTRACT FILE N0.36-t8-4
DATE: January 15, 2008
FROM: Marty Hendrix, City Secretary
SUBJECT: REQUEST TO FILE " CO FIREARMSDUM OF & EXPLOSIVES �MENT
FOR
WITH BUREAU OF ALCOHOL, TOBAC
REIMBURSEMENT OF OVERTIME SALARY COSTS ASSOCIATED WITH ATF
TASK FORCE
BACKGROUND
The Memorandum of Agreement with Bureau of Alcohol, Tobacco, Firearms &Explosives for
Reimbursement of overtime salary costs associated with ATF Task.Force was not properly
processed for attest by the City Secretary and for the issuance of a Contract Number when the
one (1) original was executed by the Ralph Mendoza, Chief of Police, Assistant City Manager
Joe Paniagua and by the City Attorney's Office, Deputy City Attorney Marcia Wise, This
Memorandum of Agreement was not required to be processed through the Fort Worth City
Council.
N FO
Per the direction of Deputy City Attorney Marcia Wise, the City Secretary's Office has been
requested to issue a contract number, attest the "copy" of the document and place in the City of
Fort Worth's official contract files.
This request has been approved and a contract number issued.
CITY SECRETARY'S OFFICE
THE C17'Y OF FORT WORTH * 1000 THROCKMORTON STREET *FORT WORTH, TEXAS 76102
817-392-6150 *Fax 817-39246196
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