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Item 07 Approval of Memorandum of Understanding with the Department of Veterans Affairs n ly ocoee florida AGENDA ITEM COVER SHEET Meeting Date: August 4, 2020 Item # ®1 Reviewed By: Contact Name: Deputy Chief McKinstry Department Director: Chief Charle . Brown Contact Number: 407-554-7192 City Manager: Robert Frank Subject Approval of Memorandum of Understanding with the Depart o . eterans Affairs Background Summary: The Police Department is an approved institution for veterans to utilize their educational benefits earned under the GI Bill while completing field training. In order for Police employees to obtain their benefits from the Department of Veterans Affairs (VA), the City must certify the employee's training hours in a VA computer system called VA-ONCE. In order to access VA-ONCE, the VA requires a signed memorandum of understanding between the Department and the VA. Issue: Should the Honorable Mayor and Board of City Commissioners authorize the Chief of Police to sign a Memorandum of Understanding with the Department of Veterans Affairs in order to access the VA ONCE online certification of enrollment system? Recommendations: Staff recommends the Honorable Mayor and Board of City Commissioners authorize the Chief of Police to sign a Memorandum of Understanding with the Department of Veterans Affairs (VA) in order to access the VA-ONCE online certification of enrollment system. Attachments: Memorandum of Understanding between the Department of Veterans Affairs and the Ocoee Police i Department. Financial Impact: There is no financial impact related to this agreement. Type of Item: (please mark with an "x') Public Hearing For Clerk's Dept Use: Ordinance First Reading X Consent Agenda Ordinance Second Reading Public Hearing Resolution Regular Agenda X Commission Approval Discussion & Direction Original Document/Contract Attached for Execution by City Clerk Original Document/Contract Held by Department for Execution Reviewed by City Attorney Dana Crosby-Collier (7/24/20) N/A Reviewed by Finance Dept. Finance Director Rebecca Roberts (7/27/20) N/A Reviewed by N/A VA Once Memorandum of Understanding-(U.S.Department of Veterans Affairs) MEMORANDUM OF UNDERSTANDING BETWEEN THE DEPARTMENT OF VETERANS AFFAIRS AND Ocoee Police Depar lucent VA-ONCE (VA ONline Certification of Enrollment) Electronic Transfer of Enrollment Information by Educational Institutions to the Department of Veterans Affairs I. PURPOSE This is an agreement between the Department of Veterans Affairs, hereinafter referred to as VA, and the Ocoee Police Department ,hereinafter referred to as the institution. The purpose of this agreement is to establish an alternative procedure for the institution to use to make certifications to VA of enrollments and changes in enrollments of students of the institution who seek to receive benefits under educational assistance programs administered by VA. Under current procedures, a majority of institutions use the VACERT program to electronically transmit enrollment information to VA. The other institutions prepare such certifications in written form,the institution's certifying official signs them, and presents them to VA in that form. The alternative procedure authorized under this agreement permits the institution to use an Internet program known as VA-ONCE,to submit the certifications solely by electronic means. II.AGREEMENTS BY VA VA agrees to accept, instead of certifications made on printed forms prescribed by VA for that purpose or certifications generated by the VACERT program, certifications created by the institution using the VA- ONCE program in the form of electronic certification documents or written computer-generated documents signed by the institution's certifying official(s).VA also agrees to maintain the history file of enrollment activity on its VA-ONCE server. III. OBLIGATIONS AND AGREEMENTS OF INSTITUTION The institution,by executing this agreement and in consideration of the agreement of VA to accept the alternative VA-ONCE generated written or electronic documents submitted by the institution, agrees to comply with all applicable laws,regulations, and VA requirements pertaining to certifications of enrollments and notices of change in student status, even though the provisions of those laws,regulations, or requirements do not appear on the certifications created by the VA-ONCE program. The institution acknowledges that by using the VA-ONCE program it is subject to all the duties and liabilities pertaining to educational institutions found in 38 U.S.C. sections 3684 and 3685; 38 CFR sections 21.4203,21.4209,21.7156,21.7307, 21.7656, 21.7807, and 21.5200; all certifications applicable to the institution certifying on comparably prescribed VA forms otherwise in use at the time of the certifications; and any other provisions of law or regulations that apply. The institution certifies that it has appropriate resources, including hardware, software, and staff, to effectively use the VA-ONCE program instead of traditional certification procedures. The institution must https://www.benefits.va.gov/GIBILL/resources/education resou ces/mou.html[04/14/2020 10:40:45 AM] VA Once Memorandum of Understanding-(U.S.Department of Veterans Affairs) provide an appropriate web browser which can be obtained free from several vendors. The institution agrees to take reasonable precautions to safeguard against unauthorized access to VA- ONCE, and to prevent improper use or disclosure of passwords. The institution also agrees to notify VA immediately upon learning of any unauthorized access,unauthorized use, or disclosure of a password. The institution further agrees to notify VA immediately if any authorized certifying official leaves that position so that VA can suspend the certifying official's user ID and password. To the maximum extent permitted by the law applicable to the institution,the institution hereby agrees to hold harmless the Department of Veterans Affairs from any claim for damages based on use of the VA- ONCE program. IV. ACTION Upon receipt of the signed agreement from the institution, and executed by VA,VA will furnish each designated certifying official with his or her own user ID and password that will be necessary to access the Internet-based program. V. OVERSIGHT If the institution electronically sends files to the regional processing office, VA will continually monitor the quality and timeliness of the information. VA will notify the institution of problems detected during the receipt and processing of these files. The institution agrees to inform VA of any problems found with the VA-ONCE program that could jeopardize the accuracy, integrity or confidentiality of the information contained in files electronically sent to the regional processing office. VI. WITHDRAWAL The institution may withdraw from this Memorandum of Understanding (MOU) at any time by notifying VA in writing 60 days beforehand. After withdrawing from this MOU,the institution is required to timely submit certifications using VA Form 22-1999, Enrollment Certification. VII.REVIEW/CHANGES VA will conduct periodic reviews of this Memorandum of Understanding as deemed necessary. Changes of this Memorandum of Understanding shall be in writing and approved by the signatories or their successors. VIII. SECURITY Data for VA-ONCE is stored behind the Veterans Benefits Administration (VBA) firewall and thus falls under its approved data protection storage procedures. When the institution sends data over the Internet it will be encrypted using Secure Sockets Layer(SSL)technology, an accepted industry standard.Access to the data will be protected and controlled by unique user names and passwords. Passwords will follow the VBA standard of strong passwords. Executed by the Ocoee Police Department this {4 th { day of [August, =moo By: https://www.benefits.va.gov/GIBILL/resources/education_resources/mou.html[04/14/2020 10:40:45 AM] VA Once Memorandum of Understanding-(U.S.Department of Veterans Affairs) Charles J.Brown,Chief of Police Phone Number: 407-905-3160 E-mail Address: CBrown@Ocoee.org Executed by the Department of Veterans Affairs this day of By: iDiresto ie/A ogee Rd zonal irocessin Office School Name: Ocoee Police Department School Address: 646 Ocoee Commerce Parkway Ocoee,FL 34761 Facility Code: 10993810 Certifying Official's Name: Jack Davidson Phone Number: 407-554-7194 E-mail Address: javidson@ocoee.org Certifying Official's Name: Bryan Pace Phone Number: 407-905-3160 E-mail Address: BPace@ocoee.org Certifying Official's Name: Phone Number: E-mail Address: https://www.benefits.va.gov/GIBILL/resources/education_resources/mou.html[04/14/2020 10:40:45 AM] VA Once Memorandum of Understanding-(U.S.Department of Veterans Affairs) Certifying Official's Name: Phone Number: E-mail Address: Certifying Official's Name: Phone Number: E-mail Address: VA-ONCE MOU(MARCH 2008) https://www.benefits.va.gov/GIBILL/resources/education resources/mou.html[04/14/2020 10:40:45 AM] CITY OF OCOEE SIGNATURE PAGE Memorandum of Understanding with The Department of Veterans Affairs APPROVED: ATTEST: CITY OF OCOEE, FLORIDA Melanie Sibbitt, City Clerk Rusty Johnson, Mayor DATE: (SEAL) FOR USE AND RELIANCE ONLY BY APPROVED BY THE OCOEE CITY THE CITY OF OCOEE,FLORIDA; COMMISSION AT A MEETING HELD APPROVED AS TO FORM AND , 20 LEGALITY this day of UNDER AGENDA ITEM NO. ,20 . SHUFFIELD,LOWMAN &WILSON, P.A. By: City Attorney