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Home My WebLink AboutFD04-033 - Original - Bureau of Alcohol, Tobacco & Firearms - MOU Reimbursement of Overtime w/ ATF Puget Sound Arson Explosives Task Force - 12/03/2003 1 �pY TpD.,ppp DEPARTMENT OF THE TREASURY BUREAU OF ALCOHOL,TOBACCO AND FIREARMS s WASHINGTON, QC 20226 MEMORANDUM OF AGREEMENT BETWEEN THE BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES AND KIM FIRE DEPARTMENT FOR REIMBURSEMENT OF OVERTIME SALARY COSTS ASSOCIATED WITH ATF PUGET SOUND ARSON EXPLOSIVES TASK FORCE This Memorandum of Agreement (MOA) is entered into by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Kent Fire 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 Kent Fire Department in providing resources to assist ATF in ATF Puget Sound Arson Explosives Task Force. Payments may be made to the extent they are 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 AGREEMENT This MOA is effective with the signatures of all parties and terminates at the close of business on September 30, 2007, subject to Section VII of the MOA. II. AUTHORITY This MOA is established pursuant to the following provisions: 1 . 28 U.S.C. 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 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. W W W.ATF.TR EAS.GOV Y 3 .31 U.S .C. 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 2004, 2005, 2006, and 2007 is contingent upon annual appropriation laws, 28 U.S.C. 524 (c) , and 31 U.S.C. Section 332 . If available, funding allocations for reimbursement of expenses will be transmitted through a separate document. This MOA is not a funding allocation document. III. PURPOSE OF THIS MEMORANDUM OF AGREEMENT This MOA establishes the procedures and responsibilities of both the Kent Fire 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 Puget Sound Arson Explosives Task Force. V. CONDITIONS AND PROCEDURES A. The Kent Fire Department shall assign officer (s) to assist ATF in investigations in the Kent, Washington Area. To the maximum extent possible, the officer(s) will be assigned on a dedicated, rather than rotational basis. The Kent Fire 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 Kent Fire Department shall provide ATF, within 10 days of the signing of this MOA, with a contact name, title, telephone number and address. The Kent Fire 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 E. C. The Kent Fire Department shall provide ATF, within ten (10) calendar days of the signing of this agreement, with the financial institution where the law enforcement 2 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, Washington, DC 20226 . D. The Kent Fire 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 Kent Fire Department and submitted to ATF field office for signature and verification of the invoice. F. The Kent Fire Department will submit all requests for reimbursable payments, together with the appropriate documentation to ATF by the loth 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 loth 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 Kent Fire Department will submit the request for reimbursement to ATF, ATTN: Supervisor, Henry J. Lescault, 915 Second Avenue, Room 790, Seattle, WA 98174. G. The ATF Supervisor shall be responsible for certifying that the request is for overtime expenses incurred by the Kent Fire 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 Kent Fire Department acknowledges that they remain fully responsible for their obligations as the 3 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, 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 General Accounting Office, and other auditors authorized by the Federal government. The Kent Fire 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. 4 r .r ♦ M LOCAL,COUNTY,AND STATE LAW ENFORCEMENT AGENCY REQUEST FOR REIMBURSEMENT OF JOINT OPERATIONS EXPENSES TO: XATF _ t OCDETF CASE YES NO TFF TRACKING NUMBER OCDEZF CASE l NAAE OF AGES CCY TAX m NUNaER .ADDRESS CONTACT TERSW TEL97MtE NO, DATES FOR WHICH THE*MMURSEMENT IS REQUESTED- FROM. To, OVERTIME EXPENSES NAME OF OFFICER TITLE HOURS WORKED HOURLY RATE TOTAL TOTAL OVERTIME AMOUNT REQUESTED TOTAL NUMBER OF REGULAR HOURS WORKED DURING THIS BILLRJG PERIOD(S)ON CASES WHICH OVERTIME WAS REQUESTED BY THE OFFICERS LISTED ABOVE. HOURS OTHER EXPENSES PURPOSE AND OR TYPE OF EXPENSE TOTAL TOTAL OTHER EXPENSE REQUESTED TOTAL REIMBURSEMENT REQUESTED I =n4v that the mfotmal)m provided aba r is actuate and rcprescnts actual costs mciened by this arm" (Rep-eung Agency) NAME TITLE SIGNATURE DATE SIGNATURE DATE DATE DATE NOTE OCDETF CASES-A COPY OF THIS DOCUMENT SHALL BE SENT TO THE AGENCY CORE CITY COORDINATOR a ACH VENDORIMISCELLANEOUS PAYMENTS OMB No mSiSACSs ENROLLMENT FORM This form is used for Automated Clearing House(ACH)payments with an addendum record that contains payment-related Information processed through the Vendor Express Program Recipients of time payments should bring this information to the attention of their financial instWhon when presenting this form for completion. PRIVACY ACT STATEMENT The following information is provided to comply with the Privacy Ad of 1974(PL 93-579) All Information collected on ttus form is requred under the provisions of 31 U.S C.3322 and 31 CFR 210 This Information wilt be used by the Treasury Department to transmit payment data,by electronic means to vendor's financial institution Failure to provide the requested information may delay or prevent the receipt of payments through the Automated Clearing House Payment Systarn. AGENCY INFORMATION FEDERAL PROGRAM AGENCY BUREAU OF ALCOHOL,TOBACCO and FIREARMS AGENCY IDENTIFIER AGENCY LOCATOR CODE(ALC): ACH Format 303 20-IM001 ❑CCD+ ❑CTX ❑CTP ADDRESS: P. 0.BOX 51071 WASHINGTON,D. C.2DO91-1071 CONTACT PERSON NAME: TELEPHONE NUMBER: Jan een V. Ford,Assistant Chief, Finance Branch (202)927-7725 ADDITIONAL INFORMATION PAYEE/COMPANY INFORMATION NAME: SSN NO OR TAXPAYER ID NO. ADDRESS: E-MAIL ADDRESS: CONTACT PERSON NAME: TELEPHONE NUMBER: FINANCIAL INSTITUTION INFORMATION NAME: ADDRESS. ACH COORDINATOR NAME: TELEPHONE NUMBER: NINE-DIGIT ROUTING TRANSIT NUMBER; DEPOSITOR ACCOUNT NUMBER. DEPOSITOR ACCOUNT TITLE: TYPEOFACCOUNT. CICHECKING [aAVINGS SIGNATURE AND TITLE OF AUTHORIZED OFF)CIAL:(Could be the TELEPHONE NUMBER same as ACH Coordmatw) ) Nsn 75-40-01-274-9925 3881-102 Sf 3881 (Rev 12/90) Prescribed by Department or Treasury le VIII. NO PRIVATE RIO= CREATED This is an internal government agreement between ATF and the Kent Fire Department and is not intended to confer any right or benefit to any private person or party. ******************* JIVIWHITE, MAYOR Kelvin N. Crens aw C' y of Kent Special Agent in Charge Seattle Field Di ision Bureau of ATF Date: Date: William T. Earle Paul M. Snab 1 Assistant Director Assistant Director Management/CFO Field Operations Bureau of ATF Bureau of ATF Date: ' ' Date: f Rr n C. ,J,,J s a.i s