HomeMy WebLinkAbout2025-05 A Resolution Approving an Intergovernmental Agreement between the Town of Vail and US Department of Justice Bureau of Alcohol, Tobacco, Firearms and ExplosivesRESOLUTION NO. 5
Series of 2025
A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN
THE TOWN OF VAIL (THE “TOWN”) AND U.S. DEPARTMENT OF JUSTICE BUREAU
OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES (THE “ATF”)
WHEREAS, the Town and the ATF wish to enter into an agreement to allow for the
Town to utilize the services offered by the ATF National Canine Division, pursuant to the
terms set forth in the Intergovernmental Agreement, attached hereto as Exhibit A and
incorporated herein by this reference (the “IGA”).
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL:
Section 1. The Town Council hereby approves the IGA in substantially the same
form attached hereto as Exhibit A, and in a form approved by the Town Attorney, and
authorizes the Town Manager to execute the IGA on behalf of the Town.
Section 2. This Resolution shall take effect immediately upon its passage.
INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town of Vail
Town Council held this 21st day of January 2025.
_________________________
Travis Coggin, Mayor
ATTEST:
_____________________________
Stephanie Kauffman, Town Clerk
U.S. Department of Justice
Bureau of Alcohol, Tobacco,
Firearms and Explosives
National Center for Explosive Training and Research
National Canine Division
www.atf.gov
Dear Perspective Agency,
Thank you for your interest in partnering with the ATF National Canine Division (NCD).
you will find a “draft” Intergovernmental Agreement (IGA)Canine Program
It’s important to note, that ATF’s Canine programs are in high demand, require extensive review,
and complete concurrence during the selection process. To initiate formal submission into the
program, the following process and chain of communications must be followed in the order below:
The handler/requesting agency must complete the attached application, review the IGA
requirements, and submit the application for consideration to their local ATF Field Office.
Once the local ATF Field Office Resident Agent in Charge and/or Group Supervisor has
concurred with the requestor’s application, they will submit the application to the Field Division
(FD) Special Agent in Charge (SAC) for final approval.
Once final approval is granted by the FD, the SAC will submit the requestors approved
application and any subsequent documents to the National Canine Division Chief and Academy
Branch Chief.
Upon receiving all required documentation and prior concurrences, NCD will confirm approvals
and place the application in que for potential class selection.
NCD will maintain a roster of applying agencies coinciding with their respective FD’s and submit
the roster to the applicable SAC. The SAC, along with their management team, will prioritize the
roster and identify the agency to grant a position in one of NCD’s programs.
If selected, NCD will schedule an interview to review contents of the IGA and execute the IGA
prior to the iteration start date.
It is imperative for consideration into one of ATF NCD’s programs, the order of concurrences and
submissions be completed as listed to prevent delays in the process.
Please direct all program inquiries, applications submissions or status requests to:
NCD-Canine-Applications@atf.gov.
Complete Application and Review IGAStep 1
•Once completed, submit application for consideration to your local ATF
Field Office.
ConcurrenceStep 2
•Once your local field Office has approved the application submission, it
will be submitted to the local Field Division for final approval by the SAC.
Final SubmissionStep 3
•Once all concurrrences have been completed, the application will be
submitted to NCD via email at NCD-Canine-Applications@atf.gov.
•NCD leadership will verify concurrences and place candidates in the que
for potential class selection.
SelectionStep 4
•Once a course schedule has been established, NCD leadership will submit
potential rosters to the applicable SACs.
•The SACs and their management team will prio tize the rosters and
identify the candidates being selected for one of NCD's programs.
Final InterviewStep 5
•NCD will then conduct a final interview with the selected candidates to
review the contents of the IGA.
•Once review and concurrence is completed NCD and the
candidate/agency will execute the IGA prior to the iteration start date.
Agency Stat the ast ears
Total Fire Investigations
Total Structure Fire Investigations
Percent determined Arson
EXPLOSIVES
Total Explosives Recoveries
Total Explosives Incidents
Amount ($) of Property Damage
Agency Requirements and
Signing Authority First Name
Signing Authority Last name
Prospective Handler First Name
Prospective Handler Last Name
First Name
Last name
INTERGOVERNMENTAL AGREEMENT
BETWEEN THE BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES
AND THE STATE OR LOCAL AGENCY (“AGENCY”)
1
This Intergovernmental Agreement (IGA) between the U.S. Department of Justice, Bureau of
Alcohol, Tobacco, Firearms and Explosives (ATF) and the State or Local Agency (“Agency”)
(collectively known as the “Parties”), establishes the terms and conditions for participation in
ATF’s Explosives/Accelerant Detection Canine Program (EDCP/ADCP). This IGA is a
partnership between both parties, and both parties make every effort to meet the terms and
conditions of this IGA in order to better serve the general public.
AUTHORITY
ATF enters into the agreement under the authority of 28 U.S.C. § 530C(a).
DEFINITIONS
Working life (or service life): A period of time determined by ATF to be the length of time an
explosives or accelerant detection canine can effectively serve as an ATF EDC/ADC canine.
This period of time may vary from canine to canine but will be at least five years from the date of
graduation from the explosives or accelerant detection program.
Initial Training: A course that provides training to an Agency’s designated handlers in explosives
or accelerant detection canine work.
ATF-initiated activations: Events that require the use of detection canines. Includes ATF
National Response Team (NRT) activations, special events, dignitary protection, and other similar
events.
Transferee: An individual, usually a handler, to whom ATF transfers ownership of a detection
canine.
RESPONSIBILITIES
ATF agrees to:
a. Train the Agency’s designated handler in the ATF food reward methodology.
b. Provide EDCP/ADCP training to the Agency’s designated handler. Upon
successful completion of the training, the handler and assigned explosives or
accelerant detection canine will receive ATF certification. ATF will provide
annual recertification. In-service training will be provided as time and funding
permit.
c. Provide a training facility for the EDCP/ADCP handler. The training will be
conducted at the ATF National Canine Division (NCD), 122 Cavalry Drive,
Front Royal, Virginia or other suitable facility as determined by ATF.
2
d. Purchase a canine(s) for the Agency and pay the handler’s lodging expenses
incurred during the initial training. ATF will reimburse the Agency and/or the
handler for initial training meals at the current Federal Government per diem rate.
During initial training at the NCD, ATF will provide the Agency’s handler with
canine-related equipment determined by ATF to be necessary for the handler’s
training.
e. Provide technical oversight during course curriculum development, training,
recertification, and throughout the Agency’s participation in the EDCP/ADCP.
f. Provide the necessary EDCP/ADCP personnel (including an ATF forensic chemist)
to evaluate, test, and certify a canine for proficiency in detecting
explosives/accelerants. An ATF forensic chemist shall conduct all annual
recertifications. The ATF National Canine Division (NCD) shall conduct
practical evaluations during initial training and future recertifications.
g. Reimburse the Agency, in accordance with Federal travel regulations and ATF
orders and policy, for travel expenses incurred by the handler for ATF-initiated
activations. ATF WILL NOT PAY ANY HANDLER’S SALARY,
OVERTIME EXPENSES, OR OTHER EMPLOYMENT BENEFITS
INCURRED AS A RESULT OF ANY HANDLER’S PARTICIPATION IN
ATF-INITIATED ACTIVATIONS.
h. Provide written requests (as necessary) to the Agency for the handler to provide
support for ATF-initiated activations. Written requests may come in the form of
memoranda, facsimile, or emails. Text messages may be used if no other
communication is available.
Agency agrees to:
a. Ensure that a handler is available for ATF-initiated activations in consideration for
the ATF-provided training. This requirement shall be in effect for the working life
of the canine(s) assigned to the Agency. ATF has the discretion to grant exceptions
to this paragraph, as necessary. ATF will have the latitude to check on the handler
and assigned explosives and accelerant detection canine at any time to perform an
evaluation.
b. Pay for any handler’s salary, overtime expenses, or other employment benefits
incurred as a result of any handler’s participation in training at the NCD and
ATF-initiated activations.
c. Ensure that the handler is available for daily training, maintenance, and care,
including weekends and holidays, during the working life of the canine.
d. Ensure that the handler is made available to ATF for mandatory in-service
training and annual recertification seminar. The Agency will incur
3
all travel expenses, lodging, meals, salary, overtime expenses, and employment
benefits costs for the handler for annual recertifications.
e. Provide ATF approved food, monthly preventative medication, and veterinary care
(after initial training), to include an annual physical, ATF and veterinary required
vaccinations and testing once every 12 months, and heartworm medication for the
working life of the canine. Provide adequate equipment and training aids to
include, at a minimum, one explosives storage bunker for explosives detection
canine teams and a Type 2 indoor or outdoor storage bunker.
f. Ensure that its handler only uses ATF’s food reward methodology (or any
subsequent ATF order or standard operating procedure formalizing the ATF food
reward methodology), for the working life of the dog.
g. Provide, at its expense, a climate-controlled vehicle fully dedicated to the handler
and suitable to the handler’s working environment. This vehicle must have air
conditioning, heat, an installed prefabricated cage, and a temperature monitoring
and alert system.
h. Ensure that the handler is not assigned to handle any other working canine (other
than a canine provided for the handler’s use by ATF) for the duration of handler’s
participation in ATF’s EDCP/ADCP.
i. Ensure that the handler houses the canine inside the handler’s residence. Handlers
must comply with all canine handling requirements communicated to the handler
by ATF during initial training, in-service training, and annual recertification. ATF
has the discretion to grant exceptions to its handling requirements, if necessary.
j. Ensure that handler has a contained and/or fenced area to secure working canine at
their residence. When not in secured outside area or inside the handler’s residence,
the canine will be secured on a leash with proper identification.
k. Comply with any ATF denial of any individual selected to attend EDCP/ADCP
training.
l. Ensure that the handler has access to a laboratory capable of conducting
comprehensive analysis of explosives/accelerants and an accredited bomb squad
and/or ATF certified explosives specialist for EDC handlers.
m. Provide ATF all canine monthly training logs and monthly reports related
to canine deployment and utilization and report to Bomb Arson Tracking System
(BATS) as required.
n. Ensure that the canine, which is the property of ATF, will not be used by the
Agency, the handler, or any other party for private use, personal financial gain, or
for any non-law enforcement purpose that does not directly benefit the Agency or
ATF while in service and throughout retirement.
4
o. Abide by the requirements of ATF orders and standard operating procedures as
they affect Agency’s responsibilities under this IGA.
GENERAL GUIDELINES
a. Agency personnel participating in the EDCP/ADCP shall comply with the
following regulations and policies, both during the initial training at the NCD,
in-service training, annual recertifications, and ATF-initiated activations: the
Department of Justice Use of Force Policy Statement; the ATF Employee Ethics
and Responsibilities Policy (ATF Order 2130.2A); Title 5, Code of Federal
Regulations Parts 735 and 3801; the Justice Property Management
Regulations (DOJ Order 2400.3); and the ATF Investigative Policies, Procedures
and Techniques (ATF Order 3210.7D), which includes supervisory controls.
b. Agency personnel participating in the EDCP/ADCP must be certified as
peace officers within their jurisdiction in good standing and in compliance with the
physical requirements of the Agency. Agency personnel participating in the
EDCP/ADCP shall qualify with the firearms issued to them by the Agency and
comply with Agency’s proficiency standards. Agency personnel will be prohibited
from carrying firearms during the initial training at NCD, in-service training, and
annual recertifications unless required by ATF.
c. An Agency handler authorized to use ATF-owned or leased vehicles will be
provided with policies concerning the use and care of Government-owned vehicles.
ATF-owned or leased vehicles may only be used for official Federal Government
purposes. An Agency handler will be provided with the following policies with
which an Agency handler must comply: Property and Fleet Management Program
(ATF Order 1850.2F) and the Criminal Enforcement General Information
(ATF Order 3000.1E, specifically Chapter C, paragraph 42).
d. Agency handlers transporting explosives or hazardous materials shall be in
compliance with all Federal laws and regulations and ATF policies.
e. Agency personnel participating in the EDCP/ADCP must disclose any potential
impeachment information specified in ATF Order 9410.1A, Giglio Policy,
paragraph 6. Potential impeachment information may bar Agency personnel from
participating in the EDCP/ADCP.
FUNDING
ATF’s responsibilities under the IGA are subject to the availability of appropriated funds and
Federal law, regulation, and policy.
5
PENALTIES AND DISPOSITION
ATF may remove any canine from the Agency, withdraw certification, require reimbursement for
the cost of the canine and all training expenses, or recommend rescission of deputization (if
applicable) of Agency’s handler upon the occurrence of any of the following events:
a. Handler or canine is not performing according to the standards and protocols of the
EDCP/ADCP.
b. Health and welfare of the canine is compromised.
c. Handler or Agency has failed to comply with any requirements under this IGA.
d. Any violation of terms or conditions of this IGA or with any current regulation or
policy referenced under this IGA.
The parties acknowledge that the canine is the property ATF and that only ATF may determine the
final disposition of any canine assigned pursuant to this IGA. Neither the Agency nor the handlers
may claim ownership of a canine without an official, written determination by ATF, which retains
ownership of all canines assigned pursuant to this IGA until ATF determines that ownership of a
canine may be transferred to an individual other than ATF (preferably a handler). Such a transfer
will be memorialized in an agreement executed between ATF, the Agency, and the handler (or the
individual to whom ownership of the canine is transferred). Upon transfer of ownership, the
transferee shall be solely responsible for the canine’s health and welfare. The transferee shall be
prohibited from using the canine for profit, law enforcement, or any purpose other than
companionship.
EFFECTIVE DATE, MODIFICATIONS, AND TERMINATION
This IGA is effective upon the date the last party signs below. The IGA will be renewed every five
years. Modifications must be made in writing. The parties agree that updates and policies
discussed in the IGA shall be automatically incorporated into this IGA.
This IGA may be terminated upon 60 days’ written notice to the other party. The responsibilities
of the parties shall run from the effective date of this IGA through the working life of all canines
provided to the Agency, unless the IGA is terminated at an earlier date.
Each signatory below represents that he/she has the authority to bind his/her Agency. Both parties
recognize that this IGA shall be binding upon the parties regardless of any changes in management
or in the authority of the signatories below to bind the respective parties.
6
__________________________________________ __________________
(“Agency”) Date
___________________________________________ __________________
(“Agency”) Date
__________________________________________ __________________
Chief, National Canine Division - ATF Date