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05-504Council File # RESOLUTION OF �,AINT PAUL, MINNESOTA Presented By: Green Sheet # Referred To: � Committee:Date: D5-5� 3026464 �� 1 RESOLVED, that the City of Saint Paul, Police Department, is authorized to enter into the 2 attached agreement with the United States Department of Justice to participate in the 3 Organized Crime Drug Enforcement (OCDETF) from October 1, 2004 through 4 September 30, 2005. A copy of said agreement is to be kept on file in the Off ce of Financial Services. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 nbsent � Requested by Department of: Bostrom Harris Thune Adopted by Council: Date: Adoption Certifled BY� //%6b� , : ✓ � Council Secretary: �sd� Date: �" �f� 14-Seq 05. r.2005 ✓ By: Mayor�'or Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � �_tr.� DepartmenVOffice/couniil: Date Initiated: V J ✓`� -� Po -Po�,���„�,t 73-MAY-05 Green Sheet NO: 3026464 ConWCt Perspn 8 Phone' Deoartrnent SeM To Person Initial/Date ChiefJohnHarrington � 0 oli eDe ar[ment P li ar[ment 2665588 ASSign ] oli eDe artment De ar[mentDirector Must Be on Council Agenda by (Date): Number Z � p e i A orne f For Routing 3 a or's Omce Ma or/Assistant OfdOf 4 u cil uo il 5 i Clerk Ci Clerk 6 li D rtment P li D artment Total # of SignaWre Pages _(Clip All Locations for Signature) Action Requested: Signahtres requested on the attached council resolution authorizing the City of Saint Paul, Police Deparpnent, to enter into the attached agreement with the United States Department of Justice, Organized Crime Drug Enforcement Task Force (OCDETf). Recommendations: Approve (A) or Reject (R). Personal Service Contracts Must Answer the Following Questions: Planning Commission 1 Has this person/firm ever worked under a contract for this department? CIB Committee Yes No Civil Service Commission 2 Has this person/firm ever been a city employee? Yes No � � 3. Dces this persoNfrm possess a skill not normally possessed by any current city employee? Yes No Explain all yes answers on separate sheet and attach to green sheet Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): The Saint Paul Police Deparhnent will particpate in the Organization Crime Drug Enforcement Task Force (OCDETF) with the United States Deparhnent of Justice. The Saint Paul Police Deparhnent will be reimbursed for overtime expenses. Advanfages If Approved: The Saint Paul Police Department will participate in the above mentioned federal task force with other federal and local agencies. �isadvantages If Approved: None. Disadvantages If Not Approved: The Saint Paul Police Department will not participate in this federal task force. Total Amount of 20�0� CosURevenue Budgeted: � Tra�saction: Funding Source: Ufllt2d Stet@S Activity Number. Cf@dIY feVeflUB t0 04000 Fioancial Information: Department of Justice ' (Explain) �j'� ORGAT�TIZED CRIIvIE DRUG ENFORCEMENT TASK FORCES Agreement FOR THE USE OF THE STATE AND LOCAL OVERTIME AND AUTHORIZED EXPENSE PROGRAM Federal Tax Idenuficadon #: Requested: $ 20.000.00 of Officers Listed: 8 n: 10/Ol/2004 Beginning Date of Agreement 09f30f2405 Ending Da[e of Agreemen[ tate or Local Agenty on[act Person: Commander Todd Axtell elephone Number: _651-292-3619 DC �: OCDET'F Investigation Number: GL-MNN-132 Agency Investigation 245C-MP-62588 State or Local Agency Name and Address: �St. Paul Poiice Department_ ,367 Grove Sveet _St Paul, Minnesota 55101� I Sponsoring Federal Agency(ies): �.., �� Federal Bureau of Investigation Please provide the name, telephone number and e-mail address for the administrative or financial staff person at the state or local agency, who is directly responsible for the biliings under this Reimbursement Agreement: Name: Commander Todd Astell Telephone Number: _651-292-3619. E-mail Address: Fax Number: Agreement (Sept. 04), Page 1. (�j- 5oa This agreement is between the above named State or local law enforcement agency and the Organized Crime Drug Enforcement Task Force (OCDETF). This agreement shall be effective when signed by an authorized State or local agency official, the sponsoring Federal agency Special Agent-In-Charge, the agency OCDETF Coordinator, and the Assistant United States Attorney OCDETF Coordinator. It is agreed that the State or local law enforcement officers named on this agreement will assist in Organized Crime Drug Enforcement Task Force investigations and prosecutions as set forth in the Oreanized Crime Drue Enforcement Task Force State and Local Overtime and Authorized Ex ense ProQram, Policies and Procedures Manual, September, 2004. 2. The State or local law enforcement agency agrees to provide experienced drug la�y enforcement o�cers who aze identified in this agreement to work on the specified OCDETF investigation. Any change in law enforcement officers assigned must be agreed to by all approving officials. 3. � Officers who are not deputized shall possess no law enforcement authority other than that conferred by virtue of their position as a commissioned officer of their pazent agency. 4. Officers who are deputized may possess Federal law enforcement authority as specified by the agency affording the deputation. 5. Any State or local officers assigned to an OCDETF investigation in accordance with this agreement are not considered Federal employees and do not take on the benefits of Federal employment by virtue of their participation in the investigation. 6. OCDETF and the sponsoring Federal law enforcement agency(ies) for the approved OCDETF investigation will provide to the assigned State/local officers the c]erical, operational and administrative support that is mutually agreed to by the parties to this agreement. 7. Subsequent to payment by the parent agency, the U.S. Department of Justice will reimburse the agency for approved o�ertime costs, and authorized trave] and per diem expenses of its law enforcement officer(s). Overtime will be paid out based upon the Regional Coordination Group's definition of "full-time" which is attached to this agreement as Addendum A. The agency is responsible for paying its law enforcement officer(s) for their overtime, travel and per diem expenses. To ensure proper and complete utilization of OCDET'F overtime and expense allocations, reimbursement ciaims must be submitted monthly on the OCDETF Reimbursement Request Form. Agreement (Sept.04) Page 2 ► � The Execurive Office of OCDE'TF inay refuse payment on any reimbursement request that is not submitted to the OCDETF Regional Coordination Group within thirty (30) days of the month in which the overtime was worked. 8. Analysis of reimbursement claims by the Regional Coordination Group may result in a modificarion of the obligation of funds contained within this agreement as weil as the time period covered. The agency affected by any such modification will be telephonically advised ten (10) business days in advance of such modification with foilow-up confirmation in writing. 9. Overtime payments, in any event, may not, on an annual per person basis, exceed 25% of the current approved Federai salary rate in effect at the time the overtime is performed. The State or local agency is responsible for ensuring that this annual . payment is not exceeded. The field office of the sponsoring Federal agency and the Agency OCDETF Coordinator aiso will monitor these payments. 10. Under no circumstances will the State or local agency charge any indirect costs for the administration or implementatian of this agreetnent. 11. The State or local agency shall maintain complete and accurate records and accounts of all obligations and expenditures of funds under this agreement for a period of six (6) years and in accordance with generally accepted accounting principies to facilitate inspection and auditing of such records and accounts. 12. The State or local agency shall permit examination and auditing by representatives of the OCDETF Program the sponsoring Federal agency(ies), the U.S. Department of 7ustice, the Compuo]ler General of the United States, and/or any of their duly- authorized agents and representadves, of any and all records, documents, accounts, invoices, receipts, or expenditures relating to this agreement. In addirion, the agency will maintain all such foregoing reports and records unrii all audits and examinations are comgleted and resolved, or for a period of six (6) yeazs after temvnation of this Agreement, whichever is sooner. 13. The State or local agency will comply with Title VI of the Civil Rights Act of 1964 and all requirements applicable to OCDETF agreements pursuant to the regulations of the Department of 7ustice see, e.g,, 28 C_F'.R. Part 42, Subparts C and G; 28 C.F.R. 50.3 (1991)) relating to discrimination on the grounds of race, color, sex, age, national origin or handicap. 14. This agreement may be terminated by any of the parties by written notice to the other parties ten (10) business days prior to termination. Billing for outstanding obligations shali be received by OCDETF within thirty (30) days of the notice of termination. Agreement (Sept. 04}, Page 3. . p�5o� This agreement is not a contract or obligation to commit Federal funds in the maximum amounts projected. Funding allocations for the rime period set forth and agreed to herein represent projections only and are based upon consultation between the sponsoring Federal agency and the State or local law enforcement agency. They are, therefore, subject to modification by O�ET`F based upon the progress and needs of the OCDETF investi�ati�. A�iditic�ail� sources a� contingent upon the I bility of funds. I ) // / /l ��< - / /D -a ��� �PProved Approved By: Approved By: _ Assistant State or Lo�a1 O�cia2 i,t r , u- � FederaLAgen ecial A; , -, ,� � ed �1 en OCDEfF `.It �,� � xited States Aaorney OCD Funds are encumb ed for the State/loc� specified above. �f r 1 Accepted By: `� Execurive Office r OCD F Approved By: City Attorne ` Approved By: Fi cial Services Director � Tiije Date sy,�- %` in Charge,% Date , � f z.� � �,� ��, ,,, , �din 'r � Date �� a -��s r�� Coordinator Date Agency overCime costs and authorized expenses Dare Date Date Agreement (Sept. 04), Page 4, c1, 5oa ORGANIZED CRIIvIE DRUG ENFORCEMENT TASK FORCES STATE OR LOCAL LAW ENFORCEMENT OFP`ICERS ASSIGNED TO PARTICIPATE IN THE STATE AND LOCAL OVERTIME AND AUTHORIZED EXPENSE PROGRAM State or I,ocal Agency: St Paul Police De�artment _ OCDETF Investigation Number: GL-MNN-132 The law enforcement officers listed below wili assist with the above identi£ied OCDETF investigation. Any modification of the list of law enforcement o�cers must be agreed to in writing by all of the parties to this Agreement, made a part of the Agreement, and forwazded to the Executive Office for OC�ETF. NAME TiTLg/RA1VK DOB 1. Tim Hale Officer 10/16/1963 2. Robert Merrill Officer 09/27/1970 3. Andrew Shoemaker Officer 10/04/1961 4. Ray Gainey Sergeant 09l06/1964 5. Mike Meyer Officer OS/OS/1963 6. Timothy McCarty Sergeant 09/11/1962 7. Jean Bazber Officer 12/06/1961 8. Patrick Scott Officer 04i13/1954 f�gCGement (Sep� 04), Pa$e 5. � 5oa ADDENDUM A Officer(s) must be working substantially full-rime on OCDETF inatters before being eligibie for OCDETF overtime payments. The Great Lakes Region Coordinarion Group has defined full time as, on any one day, ofFicer(s) must work 8 hours on OCDETF matters before being eligible for OCDETF overtime payments. 65 ORGArTIZED CRIME DRUG ENFORCEMENT TASK FORCES NOTIFICATION OF CHANGE IN LAW ENFORCEMENT OFFICERS State or Local Agency: St. Paul Police De artment OCDETF Investigation No: GL-MNN-132 Current Total Number of Officers: 8 Revised Total Number of Officers: YREGDOC No: �� The law enforcement officers listed below are added to (or deleted from) the above identified OCDETF invesrigation. Any modifications must be agreed to in wriring by all of the parties to this Agreement and forwarded to the Executive Office for OCDETF. NAME TITLElRANK ADD/ DOB DELETE 1. 7ean Barber Of�cer 12/06/91 delete 12/1/04 2. Patrick Scott O�cer 04/13/54 delete 12/1/04 3. _Timothy McCarty Sergeant 09/11/62 delete 12/1/04 4. 5. 6. 7. 8. 9. 10. Modi�cation Request(Sept.04)