HomeMy WebLinkAboutContract 57990 CSC No. 57990
U.S. Department of Justice
Or
Bureau of Alcohol, Tobacco,
Firearms and Explosives
Waslurrgruir.DC 10)16
iruv aff gor
MEMORANDUM OF AGREEMENT
Between the
Bureau of Alcohol, Tobacco, Firearms and Explosives
and
The City of Fort Worth
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), headquartered in Washington, D.C., and the City of Fort
Worth, headquartered in Fort Worth, TX, 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 City of Fort Worth 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.
1. DURATION OF THIS MEMORANDUM OF AGREEMENT
This MOA is effective on October 1,2022,with the signatures of all Parties and terminates at
the close of business on September 30, 2027,subject to Section VII of the MOA.
11. 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 payment of overtime salaries, travel, fuel, training, equipment
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH, TX
and other similar costs of State and local law enforcement officers that arc incurred in a
joint asset forfeiture law enforcement operation with a Federal law enforcement agency
participating in the Assets Forfeiture Fund initiative.
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 28, U.S.C., Section 530C, which provides that the activities of the Department of
Justice (including any bureau, office,etc.) may be carried out through any means,
including through contracts, grants, or cooperative agreements with non-Federal
parties.
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 City of Fort Worth and
ATF for the reimbursement of certain overtime and other pre-approved expenses
incurred pursuant to the authority in Section 11.
IV. NAME OF JOINT OPERATIONITASK FORCE (if applicable)
The name of this joint operation.,task force:ATF TASK FORCE
V. CONDITIONS AND PROCEDURES
A. The City of Fort Worth 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 Fort Worth 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 Fort Worth 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
Fort Worth 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.
C. The City of Fort Worth 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: Chris Smith, 6000 Western Place, Suite 400, Fort Worth, TX 76107
D. The City of Fort Worth 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
officcr(s)assigned as members of a joint operationtask 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 Fort Worth and submitted to ATF field Office
for signature and verification of the invoice.
F. The City of Fort Worth will submit all requests for reimbursable payments,together
with the appropriate documentation, to ATF by the I Oth 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
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 City of Fort
Worth will submit the request for reimbursement via mail,email,or fax to
the following address:
ATF, ATTN: Chris Smith, 6000 Western Place, Suite 400, Fort Worth, TX 76107,
Christy.smithfca.atf.gov.
G. The ATF Supervisor shall be responsible for certifying that the request is for
overtime expenses incurred by the City of Fort Worth 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 City of Fort Worth acknowledges that they remain fully responsible for their
obligations as the employer of the officer(s) assigned to the joint operationitask
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 (H1DTA), 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.
If available,the funding for fiscal years 2023,2024, 2025,2026 and 2027 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.
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 City of Fort Worth 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
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.
VIII. NO PRIVATE RIGHT CREATED
This is an internal Government agreement between ATF and the City of Fort Worth and is
not intended to confer any right or benefit to any private person or party.
IX. LIMITATIONS
A. The relationship between the Parties to this Agreement is and shall remain that of
independent departments and agencies. Nothing herein shall be construed to
imply either Party's employees are employees of the other.
B. A determination that any term of this MOA is invalid for any reason shall not
affect The validity of the remaining terms.
C. The obligations in this MOA are subject to the availability of the necessary resources
to the Parties. No provision of this MOA shall be interpreted to require
obligation or payment of funds in violation of the Anti-deficiency Act, 31 U.S.C.
Section 1341, or other applicable laws.
D. Each Party shall assume the responsibility and liability for the acts and
omissions of its own employees or agents in connection with the performance
of their obligations under this Agreement that are executed within the scope
of their employment, including claims for injury, loss or damage to personal
property or death, except in the case of the federal Government, liability shall be
determined pursuant to the Federal Tort Claim Act (FTCA — 28 U.S.C.
Section 1346).
E. The mutual covenants and terms, and any applicable MOUs, represent the
entire Agreement and understanding of the Parties with respect to the subject
matter hereof, and supersede all prior and contemporaneous agreements and
understandings relative to such subject matters. No representations or statements
of any kind made by either Party, which are not expressly stated herein, shall be
binding on such Party.
F. Failure or delay on the part of any Party to exercise any right, remedy, power or
privilege hereunder shall not operate as a waiver thereof. A waiver, to be effective,
must be in writing and signed by the Party making the waiver. A written waiver of
a default shall not operate as a waiver of any other default or of the same type
default on a future occasion.
G. The terms and provisions in this Agreement shall be construed tinder the
Applicable federal statutes and regulations.
X. SIGNATURES AND ACKNOWLEDGEMENT
A. By subscription of their signatures below, the Parties represent and warrant
that they are duty authorized to enter into this MOA on behalf of ATF and City
of Fort Worth respectively.
B. By subscription of their signatures below, the Parties acknowledge that they
have read,understand, and intend to abide by the terms of this MOA.
�✓
Ned rloakes(nun;_r,2022 20s3 eor)
Neil Noakes 'Jc rey . Boshek 11
Chief Special Agent in Charge
Fort Worth Police Department Dallas Field Division
ATF
Aug 11' 2022
Date: Date:
Digitally sgned by NOR
KOLCIO
IHOR KOLCIO D.I. 022 06 03 13 50 47
�'00,
Eric Lippold
Deputy Chief Financial Officer
Office of Management
ATF
Date:
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH, TX
[Executed effective as of the date signed by the Assistant City Manager below.] [ACCEPTED
AND AGREED:]
City:
By:
Name: Fernando Costa
Title: Assistant City Manager
Date: Aug 12, 2022
CITY OF FORT WORTH INTERNAL ROUTING PROCESS-
Approval Recommended: Contract Compliance Manager:
By signing I acknowledge that I am the person
responsible for the monitoring and administration
of this contract, including ensuring all
By. 11oak2s iAujL N222053C. performance and reporting requirements.
Name: Neil Noakes
Title: Police Chief
01
By: a25.A4Q.2.2V2204 -
Approved as to Form and Legality: Name: Adriana Gonzales
Title: Financial Compliance Specialist
IFORr
By: f City Secretary: 9A,o° °00 dd
Name: Taylor Paris '/.o °g9�d
P °=d
Title: Assistant City Attorney 000
°0 d�
0° ° *d
By: ette S.Goodall(Aug 16,202210 CDT) Q�� p
°OO00000° ,d
a��EXp5o4'
Contract Authorization: Name: Jannette Goodall
M&C:22-0582 Title: City Secretary
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH, TX
FORT WORTH City of Fort Worth
Inter - Office Correspondence
DATE: August 11,2022
FROM: Sarah Shannon
Financial Management Division
Fort Worth Police Department
SUBJECT: United States Department of Justice,Bureau of Alcohol,Tobacco, Firearms and Explosives
(ATF)Assistance Agreement
Attached for your signature, please find the ATF Memorandum of Agreement for fiscal year 2023. A copy
of the executed agreement will be sent to the City Secretary as soon as it has been finalized by the
Commissioners Court.
On July 12, 2011, (Mayor and Council Communication C-24996) City Council authorized the execution of a
Memorandum of Agreement (MOA) with the ATF for ongoing joint law enforcement operations The
purpose of the task force is to collaborate on investigations affecting this geographic area. The MOA
obligates the City of Fort Worth, through its Police Department, to assign officers to ATF task force
investigations and joint operations on an as-needed basis.The City of Fort Worth is reimbursed for 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 the ATF in an
amount of up to$21,000.00 per year for five years.
M&C Not Required
I✓1 M&C Required: 22-0587
Form 1295 Number: Not Required
Please contact Sarah Shannon at 817-392-4254 or sarah.shannon@fortworthtexas.gov for all questions and
concerns.
�
�YW V
Georg Tucker(Augl1,2G?215:5` Aug 11, 2022
rd
Georgia Tucker Date
Finance Manager
'l"qi wf-`'t'd� Aug 11, 2022
Keith Morris Date
Assistant Director
Tarrant Regional Auto Crimes Task Force Interlocal Assistance Agreement
i2w- Aug 11 2022
Julie%yea ringin lAua 11.2022 17.29 COTI
Julie Swearingin Date
Assistant Chief
�- .� - Aug 11, 2022
Neil Noakes Date
Chief of Police
Tarrant Regional Auto Crimes Task Force Interlocal Assistance Agreement 2
8111122,8 58 AM M&C Review
CITY COUNCIL AGENDA FORTII
Create New From Thic M&C
DATE: 8/9/2022 REFERENCE NO.: **M&C 22-0582 LOG NAME: 3535ATFTF2022
CODE: G TYPE: CONSENT PUBLIC HEARING: NO
SUBJECT: (ALL) Authorize Execution of a Five-Year Memorandum of Agreement with the United
States Department of Justice, Bureau of Alcohol: Tobacco, Firearms and Explosives for
Participation in a Joint Investigations, Authorize Acceptance of Reimbursement Funds in
the Amount Not to Exceed $105,000.00 and Adopt Appropriation Ordinance
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the execution of a five-year Memorandum of Agreement with the United Sates
Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives for participation
in a joint investigations;
2. Authorize the acceptance of an amount not to exceed $105,000.00 for the Fort Worth Police
Department's participation in the joint law enforcement operations task force; and
3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations
in the Grants Operating Other Fund, subject to receipt of the grant, in the amount up to
$105,000.00, for the purpose of funding the joint task force with the United States
Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives.
DISCUSSION:
The Fort Worth Police Department has participated in ongoing joint investigation operations with the
United States Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF)
since 1998. On July 12, 2011, (Mayor and Council Communication C-24996) City Council authorized
the execution of a Memorandum of Agreement (MOA)with the ATF for ongoing joint law enforcement
operations. The purpose of the task force is to collaborate on investigations affecting this geographic
area. The MOA obligates the City of Fort Worth, through its Police Department, to assign officers to
ATF task force investigations and joint operations on an as-needed basis.
Pursuant to the MOA, the City of Fort Worth is reimbursed for 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 the ATF in an amount of up to
$21,000.00 per year for five years. The MOA authorized by this M&C will be a five-year agreement
and will terminate at the close of business on September 30, 2027. Indirect costs are not eligible for
reimbursement. The City of Fort Worth is not required to provide matching funds.
This contract will be with a governmental entity, state agency or public institution of Nigher education:
United States Department of Justice.
FISCAL INFORMATIONICERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendations and adoption of
the attached appropriation ordinance, funds will be available in the current operating budget, as
appropriated, in the Grants Operating Other Fund. The Police Department(and Financial
Management Services) will be responsible for the collection and deposit of funds due to the City. Prior
to any expenditure being incurred. the Police Department has the responsibility to validate the
availability of funds. This is a reimbursement grant.
apps.cfwnet.orglcouncil_packet/mc_review.asp?ID=30135&councildate=819/2022 r2
8/11/22,8:58 AM M&C Review
TO
[Fund-FD—epartment Account Project Program Activity Budget Reference# Amount
ID ID Year (Chartfielc 2
FROM
Fund Department Account Project Program Activity Budget I Reference# Amount
ID ID Year [Chartfield 2
Submitted for Clty Manager's Office by; Fernando Costa (6122)
Originating Department Head: Neil Noakes (4212)
Additional_Information Contact: Sarah Shannon (4254)
ATTACHMENTS
35ATFTF2022 21003.docx (Public)
City of Fort Worth-FWPD MOA(2022),pdf (Public)
apps.cfwnet.org/council_packet/mc review.asp?ID=30135&councildate=819/2022 2 2