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HomeMy WebLinkAboutExhibitU.S. Department of Justice United States Marshals Service Joint Law Enforcement Operations Task Force Obligation Document INSTRUCTIONS: See last page for detailed instructions. SECTION I: OBLIGATION DOCUMENT CONTROL #: JLEO-21-0303 SECTION 2: PARTICIPATING AGENCIES Notification to state and local agencies of funding provided in support of Joint Law Enforcement Operations, pursuant to the Memorandum of Understanding (MOU) between: Miami, FL Police Department and FLRFTF All other terms and conditions of the MOU remain the same. SECTION 3: PERIOD OF PERFORMANCE October 7, 2020 to September 30, 2021 SECTION 4: APPROPRIATION DATA FISCAL YEAR 2021 ORGANIZATION FUND PROJECT SOC/PURPOSE DOLLAR AMOUNT A3401 AFF-B-OP JLEOTFS 8 25205 - TFO Overtime $95,000.00 Total Obligation Amount: $95,000.00 SECTION 5: DESCRIPTION OF OBLIGATION FY21 JLEO OT Funding SECTION 6: CONTACT INFORMATION DISTRICT/RFTF CONTACT: Name: Thaddeus Lee, Deputy Commander Phone: (305) 992-5894 E-mail: Thaddeus.Lee@USDOJ.GOV Name: Phone: E-mail: STATE/LOCAL CONTACT: SECTION 7: AUTHORIZATION USMS Representative - Certification of Funds: Signature: MICHAEL HALPER Digitally signed by h51CH.AEL LPER :-"D;nc: 21L11.12.16 13:39:51 -051711, Michael Halper, Chief Financial Manager Chief Deputy or RFTF Commander - Obligation Approval: Signature: JASON GRUNWALD Digitally signed by JASON GRUNWALD ' -Dale: 21720.12.16 11:14.51-115'1111' Date: 12/16/2020 Date: 12/16/2020 Jason Grunwald, Chief Inspector Reimbursement of overtime work shall be consistent with the Fair Labor Standards Act. Annual overtime for each state or local law, enforcement officer is capped at the equivalent of25% of a GS 1811-12, Step 1, of the general pay scale for the RUS. Reitnbursementfor all types of qualified expenses shall be contingent upon availability of funds and the submission of a proper request for reimbursement which shall be submitted monthly or quarterly on a fiscal year basis, and which provides the names of the investigators who incurred overtime for the Task Force daring the quarter; the number of overtime hours incurred, the hourly regular and overtime rates in effect for each investigator. Departmental Representative - Acknowledgement: Signature: olice Ronald L Interim Chie L. Papier Date: 3 /.Z%.2,1 Page 1 of 2 Form USM-607 Rev. 07/20 FORM USM-607 INSTRUCTIONS The Joint Law Enforcement Operations Task Force Obligation Document is designed to provide district and regional fugitive task forces with one standard obligating form to record new obligations in UFMS. To adjust funding in an existing obligation, please refer to Form USM-607A, Joint Law Enforcement Operations Task Force Modification Document. Funding in support of the JLEO mission is pursuant to the existing Memorandum of Understanding (MOU) between the USMS and the JLEO participant. Reimbursements are subject to the availability of funds and contingent upon the submission of proper documentation. Please note that overtime reimbursements require the submission of agency invoices and supporting documentation on a quarterly basis. In the event that the USMS will use a payment method OTHER than reimbursement directly to the state or local agency, additional guidance will be provided by USMS Headquarters. The district or RFTF office is responsible for communicating payment procedures to their partnering agencies. All payments are made via Electronic Funds Transfer (EFT) through the U.S. Department of Treasury. SECTION 1: Obligation Number A. Enter UFMS Document Control Number. SECTION 2: Participating Agencies A. BOX 1: Enter name of state or local JLEO participating agency. B. BOX 2: Use drop down menu to select appropriate USMS District/RFTF. SECTION 3: Period of Performance A. Insert valid period of performance for the obligation. Obligations created using the one -page JLEO Task Force Obligation Form may not cross fiscal years. If there is a need to cross fiscal years, please utilize a Purchase Order for the obligation. B. Period of performance must begin no earlier than the date of funds availability (provided by IOD and the Asset Forfeiture Division) and end no later than September 30 of the following calendar year. SECTION 4: Appropriation Data A. Enter information across appropriate field for all items being obligated. All fields for a line item must be completed in order to proceed to the next step. B. Project Codes: District task force obligations are funded under the JLEOTFS4 project code for a JLEO obligation. RFTF project codes have been assigned by region and will be entered by Headquarters IOD staff. SECTION 5: Description of Obligation A. Enter description of obligation (optional). Include any pertinent information such as number of TFO vehicles, for example. SECTION 6: Contact Information A. Enter District/RFTF contact information (Box 1) and State/Local contact information (Box 2). SECTION 7: Authorization A. Certification of Funds: Signature will be applied by USMS District official or IOD representative (RFTF) after the Asset Forfeiture Division has confirmed that funds have been moved into the budget. B. Obligation Approval: Signature will be applied by District or RFTF representative upon receipt of obligation document. To ensure sufficient internal controls and proper segregation of duties, the district/RFTF representative approving obligation forms cannot also approve invoices or reimbursements related to the same obligation. (See U.S. Office of Management and Budget (OMB) Circular A-123 and USMS Office of Finance guidance for further information regarding internal controls.) C. Acknowledgement: Signature will be applied by state or local agency representative. The obligation is not valid until all parties have signed. When completed, the form will be returned to the District/RFTF office. Districts are responsible for entering obligations into UFMS. RFTF obligations will be forwarded to Headquarters IOD to be entered into UFMS. Page 2 of 2 Form USM-607 Rev. 07/20 U.S. Department of Justice United States Marshals Service Investigative Operations Division Washington, D.C. 20530-0001 November 25, 2020 MEMORANDUM TO: United States Marshals Chief Deputy United States Marshals District Task Force Commanders and Warrant Supervisors Regional Fugitive Task Force Commanders District Administrative Officers FROM: Richard Kelly Assistant Director Tim Virtue Assistant Director F' Asset Forfeiture Division Holley O'Brien Chief Financial Officer Financial Services Division CD (3/1-44:41--- SUBJECT: Fiscal Year 2021 Joint Law Enforcement Operations Allocation and Program Guidance The Joint Law Enforcement Operations (JLEO) Program is a vital United States Marshals Service (USMS) program supported by the Department of Justice (DOJ) and funded through revenues deposited into the Assets Forfeiture Fund (AFF). Funding for the JLEO Program is discretionary. Our funding levels are based on the DOJ allocation process and projected revenue in the AFF. Since 2013, the Investigative Operations Division (IOD) has utilized an allocation methodology based on crime statistics and open warrants instead of the number of Task Force Officers (TFO) on a task force or prior levels of spending, which has resulted in a more equitable distribution of JLEO funding. For fiscal year (FY) 2021, IOD has approved the allocation of funds to district task forces (DTF) and Regional Fugitive Task Forces (RFTF) based on crime statistics and open warrants plus a performance -based addition relative to the amount of violent state and local work accomplished in FY 2020. See the Allocation Table attached to this memorandum for additional information. Memorandum from Assistant Director Richard Kelly Page 2 Subject: Fiscal Year 2021 Joint Law Enforcement Operations Program Guidance IOD will maintain a very small reserve of JLEO funding to be allocated to DTFs and RFTFs on a case -by -case basis for special operations, as well as other Agency priorities. Reserve allocation decisions are based on a variety of factors such as request justification, dashboard metrics, historical performance, good stewardship of past funding, and compliance with accounting procedures. The JLEO Working Group continues to meet and consider additional metrics which will further enhance the allocation methodology, as well as the reserve allocation process. IOD will continue to conduct monthly reviews of JLEO funding and will work with districts and RFTFs to identify excess or unused funds that can be added to the reserve and remain available for Agency JLEO priorities. In past FYs, this approach has allowed the USMS to maximize the overall JLEO funding while remaining able to meet new JLEO requirements. As the FY 2021 JLEO funding is allocated, all recipients must understand proper accounting procedures. To assist with this, see the Step-bv-Step: JLEO Processing Procedures guide on the Financial Services Division's "How To's" Intranet page. These procedures must be followed by all task forces receiving JLEO funding. To ensure preparedness for future external audits, IOD will be conducting periodic assessments of the JLEO accounting procedures in select districts and RFTFs. These assessments will be conducted to ensure standardization in the accounting process and to resolve any deficiencies that are determined to be present. Starting in FY 2021, there are several changes that stemmed from the DOJ Office of Inspector General Audit findings of the USMS' Administration of JLEO Funds: • Any state and local agency that has union rules or bylaws deviating from the standard TFO hourly billed rate of 1.5% x Regular Rate of Pay must draft a memo explaining the reason for the deviation (e.g., contract terms, union rules, etc.). This memo must be on file in the event of an audit or questions about the billing rate. ▪ Any handwritten changes on the Form USM-7TF, Task Force Officer Time Record, must be initialed and dated. A memo explaining who made the changes and why must be attached to the timesheet. ▪ The newly launched Task Force Clearinghouse portal is a central repository for JLEO information, including forms, Frequently Asked Questions, etc. All DTFs and RFTFs are required to complete the bi-annual certification of their information in the Clearinghouse to ensure it is accurate and up to date. All state and local agencies receiving JLEO funding are required to be registered in the System for Award Management.. This requirement is critical to the accurate and timely payment of JLEO vendor requests for reimbursement. All task forces are required to maintain records of the hourly overtime rates, overtime hours worked each month, and amounts paid for each of their TFOs. This information will meet DOJ Memorandum from Assistant Director Richard Kelly Page 3 Subject: Fiscal Year 2021 Joint Law Enforcement Operations Program Guidance requirements for documentation required to support AFF payments and will assist in ensuring that TFOs are not paid more than the annual DOJ-mandated maximum overtime payment of $19,180, which is 25% of a GS-12, Step 1 ($76,721) pay level. This maximum includes all federal overtime sources (not just JLEO or other DOJ funding). As of FY 2020, all DTFs and RFTFs entering an obligation in the Unified Financial Management System (UFMS) for each state and local agency must enter in the title field the unique Originating Agency Identifier (ORI) assigned by the Federal Bureau of Investigation Criminal Justice Information Services; the National Crime Information Center ORI followed by the state and local agency name. This change is necessitated by external audit and reporting requirements. As a reminder, the following limitations and conditions govern the use of JLEO funding: • The amount of JLEO funding obligated in the UFMS for a state or local agency must match the amount listed on the Form USM-607, Joint Law Enforcement Operations Task Force Obligation Document. • An agency cannot be reimbursed for any amounts in excess of what is authorized via a Form USM-607 or Form USM-607A, Joint Law Enforcement Operations Task Force Modification Document, and obligated in UFMS. • Form USM-607B, Joint Law Enforcement Operations Statement, must be used by all state and local agencies who participate in the JLEO program. Each state and local agency is responsible for initiating and completing the Form USM-607B, and districts and RFTFs are required to retain timesheets as supporting documentation. • As of October 1, 2018, the USM-7TF tirnesheet replaced the USM-7. Form USM-7TF must be uploaded in UFMS as supporting documentation to the invoice (Form USM-607B). • JLEO funds are made available for state and local officer overtime salary expenses and shall not include any costs for benefits, such as retirement, Federal Insurance Contributions Act taxes, or other expenses. • Districts and RFTFs cannot use JLEO funds for a purpose other than that for which the funds were allocated. • JLEO funds cannot be used for the purchase or reimbursement of prepaid fuel cards. • JLEO funds cannot be used to pay for vehicle insurance, registration, or state inspections. • JLEO funds cannot be used to pay for cellular telephones or other wireless devices, or the service for these devices. Memorandum from Assistant Director Richard Kelly Page 4 Subject: Fiscal Year 2021 Joint Law Enforcement Operations Program Guidance • The USMS is prohibited from making third party payments to state and local agency vendors. JLEO funding can only be used to reimburse state and local agencies for approved expenses the agencies have already incurred and paid. • Reimbursements under the JLEO program cannot be made via government purchase card. • Purchase orders may not be issued to state and local agencies to extend JLEO funds beyond the end of the FY in which they are issued. If you have any questions regarding JLEO allocations or accounting procedures, please contact Chief Michael Halper, Resource Management Branch, at 703-740-0433, or by email at Michael.Halper@usdoi.gov. Attachment United States Marshals Service Joint Law Enforcement Operations Task Force Obligation Document 2020-2021 CITY OF MLAMI, a Florida Municipal Corporation By: Date: Arthur Noriega V, City Manager Attest: By: Date: Todd B. Hannon, City Clerk Approved as to Forma and Correctness: By: Date: Victoria Mendez, City Attorney Approved as to Insurance Requirements: By: Date: Ann -Marie Sharpe, Director of Risk Management