HomeMy WebLinkAboutUS DEPARTMENT OF JUSTICE BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVESINSURANCE NOT REQUIRED
WORK MAY PROCEED
CLERK OF COUNCIL
DATE: JUL 19 02
U.S. Department of Justice
Bureau of Alcohol, Tobacco,
Firearms and Explosives
Washington, DC 20226
www.atfgov
MEMORANDUM OF AGREEMENT
Between the
Bureau of Alcohol, Tobacco, Firearms and Explosives
and
Santa Ana Police Department
for
Reimbursement of Overtime Salary Costs
associated with
ATF TASK FORCE
N-2022-192
This Memorandum of Agreement (MOA) is entered into by the Bureau of Alcohol Tobacco,
Firearms and Explosives (ATF), headquartered in Washington, D,C., andthe Santa Ana Police
Department, headquartered in Santa Ana, CA, for the purpose of reimbursement of overtimesalay
costs and other costs, with prior ATF approval, including but not (united to travel, fuel, training,
and equipment, incurred by the Santa Ana 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 if signed on different dates the
laterdate. This MOA terminates at the close of business on September 3 0,2026, subject to
Section VII of the MOA.
H. AUTHORITY
This MOA is established pursuant to the followingprovisions:
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
and other similar costs of State and local law enforcement officers that are 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.) maybe carried out through any means,
including through contracts, grants, or cooperative agreements with non -Federal
parties.
This Memorandum of Agreement (MOA) is notes funding allocation document.
III. PURPOSE OF THIS MEMORANDUM OF AGREEMENT
This MOA establishes the procedures and responsibilities of both the Santa Ana Police
Department and ATF for the reimbursement of certain overtime and other pro -approved
expenses incurred pursuant to the authority in Section II.
IV. NAME OF JOINT OPERATION/TASK FORCE (if applicable)
V.
The name of this joint operation/task force: ATF TASK FORCE
A. The Santa Ana 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
Santa Ana 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 Santa Ana 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 Santa Ana 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.
C. The Santa Ana 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: Paul D'Angelo, 34 Civic Center Plaza, Ste 6121, Santa Ana, CA,
92701
D. The Santa Ana 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 Santa Ana Police Department and submitted to
ATF field office for signature and verification of the invoice.
F. The Santa Ana 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.
(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 Santa Ana Police
Department will submitthe request for reimbursement via mail, email, or
fax to the following address:
ATF, ATTN: Paul D'Angelo, 34 Civic Center Plaza, Ste 6121, Santa Ana,
CA, 92701, paul.dangelo@atf.gov
G. The ATF Supervisor shall be responsible for certifying that the request is for
overtime expenses incurred by the Santa Ana Police Department for participation
with ATF duringthe 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 Santa Ana 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,
3
withholdings, insurance coverage, and all other requirements bylaw, regulations,
ordinance or contract regardless of the reimbursable overtime charges incurred.
L 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.
If available, the funding for fiscal years 2022, 2023, 2024, 2025 and 2026 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 Santa Ana 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
VII.
any and all personnel involved in these transactions.
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 Santa Ana Police
Department 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 subjectmatters. 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 malting 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 under 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 duly authorized to enter into this MOA on behalf of ATF and Santa Ana
Police Department 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.
avid Valentin
Chief of Police
Santa Ana Police Department
Date:
Olgllelly signed by IHOR
IHOR KOLCfO Da a 2022.062809:30e18
Z-00`
Eric Lippold
Deputy Chief Financial Officer
Office of Management
ATF
Date:
Digitally signed by
MICHAEL ,MICHAEL HOFFMAN
HOFFMAN; °3aaza�oro'
Monique Villegas
Special Agent in Charge
Los Angeles Field Division
ATF
Date:
N-2022-192
ATTEST:
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By: IU4�
TAMARA BOGOSIAN
Senior Assistant City Attorney
RECOMMENDED FOR APPROVAL:
D ALENTI
Chief of Police
CITY OF SANTA ANA
KIUSTINE RI GE
City Manager