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HomeMy WebLinkAbout215-12 RESOLUTIONRESOLUTION NO. 215-12 A RESOLUTION APPROVING A BUDGET ADJUSTMENT IN THE AMOUNT OF $30,100.00 TO RECOGNIZE REVENUE AND EXPENSES RELATED TO CITY PARTICIPATION IN THE LOCAL INTERNAL REVENUE SERVICE (IRS) TASK FORCE FOR FISCAL YEAR 2012-2013 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment in the amount of $30,100.00 to recognize revenue and expenses related to City participation in the local Internal Revenue Service (IRS) Task Force for fiscal year 2012- 2013. A copy of the budget adjustment is attached as Exhibit "A". PASSED and APPROVED this 20th day of November, 2012. APPROVED: ATTEST: Bv: IO ELD JO ' Mayor By: &paw 4,144. SONDRA E. SMITH, City Clerk/Treasurer _00,1111111/04,. / TR �''�i &s-?*• G Y °'<‘..•.6A crAS- • FAYETTEVILLE:�� GD OJ: City of Fayetteville, Arkansas Budget Adjustment Form V12.0724 Budget Year 2012 Division: Police Department: Police Request Date 11/20/2012 Adjustment Number BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION Establish revenue and expense budget for our participation in the Internal Revenue Service (IRS) Task Force for fiscal year 2012-2013. Date Date Date 11-z-zaii. Finance Director Account Name Date 1/- 9 Date l ate Prepared By: Reference: Willie Newman Budget & Research Use Only Type: A B C D E P General Ledger Date Posted to General Ledger Checked / Verified TOTAL BUDGET ADJUSTMENT 30,100 Personnel Svcs - Contra Account Number Fuel Travel & training Lease expense Telephone expense Vehicle & machine maint Initial Initial 30,100 Increase / (Decrease) Date Date Project.Sub Expense Revenue Number 1010.2920.5120.00 z} 15,000 08071 . 1213 1010.2920.5213.04 3 2,000 08071. 1213 1010.2920.5304.00 3) 4,000 08071. 1213 1010.2920.530900 3) 7,800 08071. 1213 1010.2920.531001 .). 1,100 08071. 1213 1010.2920.540300) 200 08071. 1213 IRS Reimbursement 1010.0001.4310.02 RI . 30,100 08071 . 1213 iVfpoldfsluseMdminljcohea\IRS Task Force12012-2013\BA - IRS FY12-13 1of1 Greg Tabor Submitted By City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 11/20/2012 City Council Meeting Date Agenda Items Only Police Division Action Required: Police Department Approval of a budget adjustment in the amount of $30,100 for the revenues and expenses within the IRS Task Force's activity for fiscal year 2012-2013. 30,100.00 Cost of this request various Account Number 08071-1213 Project Number Budgeted Item Category / Project Budget IRS Reimbursements Program Category / Project Name Tracking Funds Used to Date Program / Project Category Name General Remaining Balance Fund Name Budget Adjustment Attached X Date (6- 2-12_ Ci Attorney Date ti--2.-.2aiZ Finance and Internal Services Director Date Chief of Sta Mayor Date /4/4LL D to Previous Ordinance or Resolution # Original Contract Date: Original Contract Number: Received in Mayor's Office Comments: Revised January 15, 2009 THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENT CORRESPONDENCE ARKANSAS www.accessfayetteville.org CITY COUNCIL AGENDA MEMO To: Mayor Lioneld Jordan and City Council Members From: Greg Tabor, Chief of Police Date: November 2, 2012 Subject: Budget Adjustment for Participation in the Internal Revenue Service Task Force PROPOSAL: In the Fall of 2008, the Fayetteville Police Department assigned an officer to the local Internal Revenue Service (IRS) Task Force. Our local IRS Task Force is one of only fifteen (15) such task forces to be established nationwide for the purpose of covert investigations of fraudulent activity. The IRS Task Force provides reimbursement funding for all overtime and operating expenses associated with this officer's task force activities. These expenses included overtime, vehicle lease, fuel, cellular phone, and travel. Our local IRS Task Force has proven successful in numerous investigations and received funding for continuation from the Department of Treasury. We will be reimbursed for all overtime and operating expenses associated with our officer's task force activities. The attached budget adjustment in the amount of $30,100 will establish a budget for the revenues and expenses within the IRS Task Force's fiscal years of 2012-2013. The IRS Task Force fiscal year is October through September. These funds will be tracked within our Project Accounting System. RECOMMENDATION: Staff recommends approval of a budget adjustment in the amount of $30,100 for the revenues and expenses within the IRS Task Force's fiscal year of 2012-2013. BUDGET IMPACT: Expenses will be reimbursed through funding from the Department of Treasury. RESOLUTION NO. A RESOLUTION APPROVING A BUDGET ADJUSTMENT IN THE AMOUNT OF $30,100.00 TO RECOGNIZE REVENUE AND EXPENSES RELATED TO CITY PARTICIPATION IN THE LOCAL INTERNAL REVENUE SERVICE (IRS) TASK FORCE FOR FISCAL YEAR 2012-2013 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment in the amount of $30,100.00 to recognize revenue and expenses related to City participation in the local Internal Revenue Service (IRS) Task Force for fiscal year 2012- 2013. A copy of the budget adjustment is attached as Exhibit "A". PASSED and APPROVED this 20th day of November, 2012. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer AGREEMENT BETWEEN TREASURY LAW ENFORCEMENT AGENCIES and LOCAL, COUNTY AND STATE LAW ENFORCEMENT AGENCIES FOR THE REIMBURSEMENT OF EXPENSES ************* This agreement is entered into by the Fayetteville Police Department (herein after "agency")and Internal Revenue Service, Criminal Investigation, for the purpose of receiving reimbursable costs incurred by the agency in providing resources to joint operations/task forces. Payments may be made to the extent they are included in the Treasury law enforcement agency's Fiscal Year Plan, and the monies are available within the Treasury Forfeiture Fund to satisfy the request(s) for reimbursable overtime expenses. I. LIFE OF THIS AGREEMENT This agreement is effective on the date it is signed by both parties and is valid until termination by mutual agreement of the agency and the Internal Revenue Service, Criminal Investigation or upon 30 day written notice by either party to this agreement. II. AUTHORITY This agreement is established pursuant to the provisions of Title 31, U.S.C. § 9703, the Treasury Forfeiture Fund Act of 1992, which provides for the reimbursement of certain expenses of local, county, and state law enforcement agencies incurred as participants in joint operations/task forces with a Department of the Treasury law enforcement agency. III. PURPOSE OF THIS AGREEMENT This agreement establishes the procedures and responsibilities of both the agency and the Internal Revenue Service, Criminal Investigation, for the reimbursement of certain overtime and other expenses pursuant to Title 31, U.S.C. § 9703. Form 9975 (Rev. 06-2012) Cat. No. 22456K Department of the Treasury -- Internal Revenue Service Page 1 W. NAME OF TASK FORCE/JOINT OPERATION (If Applicable) The Name of this Task Force is Razorback Financial Crimes Task Force - Western District of Arkansas. V. CONDITIONS AND PROCEDURES A. Assignment of Agency Officers To the maximum extent possible, agency shall assign dedicated officer(s) to the Task Force/Joint Operations via the Form 9973, Reimbursement Request for Overtime Cost and Authorized Expenses form. The agency shall provide the Internal Revenue Service, Criminal Investigation with the names, titles, badge or ID numbers, and date of last firearms qualification of the officer(s) assigned to the Task Force/Joint Operation in an attachment to this agreement. B. Requests for Reimbursement of Overtime Expenses 1. The agency may request reimbursement for payment of overtime expenses directly related to work performed by its officer(s) assigned as members of a Joint Task Force/Operation with the Internal Revenue Service, Criminal Investigation, for the purpose of conducting official Treasury investigations. 2. The agency shall provide the Internal Revenue Service, Criminal Investigation, within 10 days of the signing of this agreement, a mandatory ACH Vendor Payment Enrollment Form for Electronic Funds Transfer. 3. Invoices submitted for the payment of overtime to agency officer(s) shall be submitted on the agency's letterhead with appropriate justification material attached; i.e. receipts, work hours, rental car invoices, etc. The invoice shall be ., signed by an authorized representative of that agency. 4. The agency will submit all requests for reimbursable payments together with appropriate documentation to their local Internal Revenue Service, Criminal Investigation field office. The agency shall certify that the request is for overtime expenses incurred by the agency for participation with a joint operation conducted with the Internal Revenue Service, Criminal Investigation. The agency shall also certify that requests for reimbursement of overtime expenses have not been made to other federal law enforcement agencies who may also be participating with the task force/joint operation. The agency acknowledges that they remain fully responsible for their obligations as the employer of the officer(s) assigned to the task force/joint operation and are responsible for the payment of overtime earnings, withholdings, insurance coverage and all other requirements by law, regulation, ordinance or contract regardless of the reimbursable overtime charges incurred. Form 9975 (Rev. 06-2012) Cat. No. 22456K Department of the Treasury -- Internal Revenue Service Page 2 5. All requests for reimbursement of costs incurred by the agency must be approved and certified by the Internal Revenue Service, Criminal Investigation, which will countersign the invoices for payment. 6. All requests for reimbursement of costs are to be received by the Internal Revenue Service, Criminal Investigation no later than 15 days after the previous month end. These requests for reimbursement are to be for a full month time period, from the first day to the last day of the month. 7. The maximum reimbursement entitlement for overtime costs to any one law enforcement officer cannot exceed $15,000.00 per fiscal year. This document does not obligate funds. Funding authority and monetary amounts will be provided through Form 9974, Request to Establish Reimbursement. 8. The monetary obligation may be adjusted at anytime by the Internal Revenue Service, Criminal Investigation based upon the following: A) The Internal Revenue Service, Criminal Investigation may modify the total dollar obligation, resulting in an increase or decrease, if it determines that the original obligated amount is not commensurate with the rate of reimbursable requests, based on its analysis of submitted reimbursement requests. 6) The adjustments to the monetary obligation may result in a partial and/or total reduction of reimbursement funds requested. Any modification made to an authorized agreernent will be documented in writing and immediately provided to the impacted state and local agency. C. PROGRAM AUDIT This agreement and its procedures are subject to audit by the Internal Revenue Service, Criminal Investigation, Department of the Treasury, Office of Inspector General, the General Accounting Office, and other government designated auditors. The agency 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 the audit is completed. These audits may include reviews of any and all records, documents, reports, accounts, invoices, receipts or expenditures relating to this agreement, as welf as the interview of any and all personnel involved in these transactions. D. REVISIONS The terms of this agreement may be amended upon the written approval of both the agency and the Internal Revenue Service, Criminal Investigation. The revision becomes effective upon the date of approval. E. NO PRIVATE RIGHT CREATED This is an internal government agreement between the Internal Revenue Service Criminal Investigation and the agency, and is not intended to confer any right or benefit to any private person or party. Form 9975 (Rev. 06-2012) Cat. No. 22456K Department of the Treasury -- Internal Revenue Service Page 3 Greg Tabor Chief of Police Printed Name Title Fayetteville Police Department Sig Date: SAA Co L ew Fiscal Officer Printe'l Name Title Chief Financial Officer City of Fayetteville Arkansas Signature Christopher A. Henry Printed Name Criminal Investigation Nashville Field Office Internal Revenue Service Date: Special Agent in Charge Title Signature Date: Printed Name Criminal Investigation Internal Revenue Service Washington, DC Title Form 9975 (Rev. 06-2012) Cat. No. 22456K Department of the Treasury -- Internal Revenue Service Page 4 (3/1/2013) Kimberly Johnson - Re: 215-12 IRS Task Force Sete 1 From: Willie Newman To: Johnson, Kimberly Date: 3/1/2013 12:03 PM Subject: Re: 215-12 IRS Task Force I have made several requests to the powers that be in the chain of command of the IRS Task Force to obtain signed copy of this agreement, but have not had any positive responses. We have received funds in accordance with said agreement and it is proceeding smoothly. Please process/file this resolution as I do not expect to receive a signed copy from the Department of Treasury at this time. Let me know if you have any questions. Thank you, Willie Willie Newman Financial Coordinator Fayetteville Police Department 100-A West Rock Street Fayetteville, Arkansas 72701 Ph: 479-587-3579 Fax: 479-587-3570 Telecommunication Device for the Deaf: 479-521-1316 wnewman@ci.fayetteville.ar.us »> Kimberly Johnson 3/1/2013 11:46 AM »> Hey Willie, I know we spoke last week about the possibility that you were not going to probably be able to obtain a signed agreement for your item. Could you please send me an email stating the situation that you and I have spoken about. I will show Sondra the email and then let her determine what I may do with processing this resolution. Thank you. (Hope you had a nice vacation last week!) :) Kim Johnson City of Fayetteville 113 W Mountain Fayetteville, AR 72701 (479) 575-8323 kjohnson@ci.fayetteville.ar.us TDD (Telecommunications Device for the Deaf): (479) 521-1316