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06-856Council File # Greeu Sheet # Presented By: RESOLUTION CITY,pF SAINT PAUL, MINNESOTA o�-�� � 3031969 �h Referred To: Committee:Date: 1 RESOLVED, that the City of Saint Paul, Police Department, is authorized to enter into the attached 2 addendum to agreement #02-13706-C with the United States Department of Jusrice, Drug Enforcement 3 Administrarioa, to particpate in an Organized Drug Enforcement Task Force. 4 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 Requested by Department of: Adopted by Council: Date: � /� � Adoption Cerfified by Council Secretary: B � Approved by Ma o�Date: '��'�� O � � Appro� ed or for Submission to Council: By: Q:1Fiscal�,40&CR�2006\DEATaskForceadtlentlum.ccxls � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � �� "�S6 DepartmenUoffice/council: Date Initiated: Po -po�.�e�,�t 0&AUG-06 Green Sheet NO: 3031969 ConWCt Person 8 Phone: Chief John Harrington 266-5588 Must Be on Council Agenda by (Date): � Assign Number For Routing Order Deoartment Sent To Person InitiallDate 0 IiceDe artment Poli D arlme t 1 olice D artment Police De artment 2 i Attom i Att rne � 3 a or•s Office Ma or 4 ouncil Council 5 i Clerk Ci Clerk 6 oli De artment Police artme t Total # of Signature Pages J_ (Clip All Locations for Signature) � Action Requested: Signatures on the attached council iesolution authorizing the City of Saint Paul, Police Deparhnent, to enter into the attached addendum to agreement #02-13706-C with the United States Department of Justice, Drug Enforcement Administration (DEA). Recommendations: Approve (A) or R Planning Commission CIB Commiitee __ Civil Service Commission 1. Has this person/firm ever worked under a contract for this departmeni? Yes No 2. Has this person/flrm ever been a city employee? Yes No 3. Does this perso�rm 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 Department will be reimbursed for salary and overtime hours for officers assigied [o the DEA Task Porce. For more information regarding this addendum to agreement #02-13706-C please give Cdr Todd Astell a call at 651-265-6921. . I AdvantageslfApproved: - Opportunity to work with outside agency to combat trafficking in nazcotics and dangerous drugs. C�u�c's9 Resaa�h DisadvantapeslfApprovetl: None. ai�r J O ZUOU �. t � !�� Disadvantages If Not Approved: Lost opportunity to work with outside agency to combat nazcorics and dangerous drugs trafficking. Total Amount of Transaction: Funding Source: Financial I nformati on: (Explain) United States Department of Justice CostlRevenue Budgeted; .. . ActivityNumber; 001� ���� p�� 2 9 2006 AU6 3 12006 AUG 2 3 20�6 M1 � � � O � � � , ; �, � 4 � � ADDENDUM TO ST. PAUL POLICE DEPARTME TASK FORCE AGREEMENT �� �� �� b �� NT � This agreement is an addendum to the Agreement dated September 30 2005, between the United States Department of Jusrice, Drug Enforcement Administration (DEA) and the ST. PAUL POLICE DEPARTMENT. 1. The term ofthe Agreement shall be from September 30, 2006 through September 30, 2007. 2. Except as modified in ttris addendum, the September 30, 2005 Agreement between DEA and the ST. PAiJL POLICE DEPARTMENT shall remain in full force and effect MODIFICATIONS TO PARAGRAPH #2: 1. To accomplish the objectives of the DEA Task Force, the ST. PAiTL POLICE DEPARTMENT agrees to detail four (4) experienced officers to the DEA Task Force for a period of not less than two (2) years. During tlris period of assignment, the officers will be under the direct supervision and control of DEA supervisory personnei assigned to the Task Force. MODIFICATIONS to PARAGRAPH #6: 1. During the period of assignment to the DEA MINNEAPOLIS-ST. PAiJL DISTRICT OFFICE TASK FORCE, the ST. PAIJL POLICE DEPARTMENT will remain responsible for establishing the salary and benefits, including overtime, of the officers assigned to the Task Force and for malang all payments due them. DEA will,'subject to availability of appropriated funds, reimburse the ST. PAUL POLICE DEPARTMENT for overtime payments made by it to the officers assigned to the Task Force, up to a sum equivalent to 25 percent of the salary of a GS-12, Step 1, Federal employee (currently $15,572.75 per officer). For the Drug Enforcement Administration: Gary G. �gentin Charge Field Division the St. Paul 1 t i 1 t � Name: Date Title: D(� -8s� For the Ci*v: Title: A�Iayo: D(� —� �2a a*'x �i�j�, U.S. Depar�ent of Justice Office of Justice Programs Office of the Comptroller CERTIPICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS; AND DRUG-FREE WORKPLACE REQUIREMENTS Applicants should refer to the regularions cited below w determme the certificarion to which they are required to attest. Applicants should also review the inshuctions fot certi5cahon included in the regiilations before comple[ing tLis form. SigpaNre of this fotm provides for compliance with cerfification requirements unda 28 CFR Part 69, "New Remictions on Lobb}�ng" and 28 CFR Part 67, "Govemmeat- wide Debazmert and Suspension (Nonpm-ciuement) and Govemment-wide Requuements for Ihug- Free Workplace (G�ants)." 1he cectificafions shall be teated as a material repre�ntation of fact upon which reliance will be placed when the Department of Justice detecmines to awazd the covered 4ansaction, gant, or cooperative agrecment 1. LOBBYING As required by Section 1352, TiUe 31 of the U.S. Code, and implemented at 28 CFR Pazt 69, for persons entering iMO a gant or coopentive ageemeM over 5100,000, as de5ned at 28 CFR Part 69, ihe applicant ceitifies that: (a) No Federal appmpriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for in- fluencing or attempting W influence an officer or employee of any agency, a Member of Congress, an officer or employce of Congess, or an employee of a Member of Congress iu con- nection with the making of any Federal gant, the entering into of any coopeiative agrcement, and the extension, continuation, renewal, amendmen; or modiScation of any Federal gmnt or coopeiative agreement; (b) If any funds ot6ec than Federal aPP�Priated funds have been paid or wil! be paid to any person for influencing or at- �" tempting to influence an officer or employee of any agency, a Memba of Congcess, an officer or employee of Congres5 or an employce of a Member of Congress in connection with ilils Federal �ant or cooperative ageement, the undersigned shall complete and submit Standard Forn� - LLL, "Disclosure of Lobbying Activi6es," in accordance with its instructions; (c) The undersigned shali require thaz the language of this cer- tification be included in the awazd documents for all subawards st all tiers (including subgrants, coniracts under garts and cooperative agreements, and subcontracts) and that all subrecipients shall cettify and disclose accordingly. 2. DEBARA7ENT, SUSPENSION, AND OTHER RESPONSIBII.ITY MAITERS (DIRECT RECIPIENI) As required by Esecutive Order 12549, Debazment and Suspeusioq and implemented az 28 CFR Part 67, for pmspective participants in primary covered transactions, as defined at 28 CFR Part 67, Section 67.510. A The applicant certifies thaz it and its principats: (a} Are not presenUy debarsed, suspended, proposed for debaz- ment, declared ineligble, sentenced to a denial of Federal benefits by a State or Federal co�ut, or voluntarily excluded from covered transactions by any Federal department or (b) Have not wiflun a three-yeaz period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in public (Federat, State, or local) uansaction or convaa under a pubiic uansaction; violation of Federal or Spte an6ws[ sqtutes ot commission of embealemen; theR, forgery, bribery, falsification or deshuction of records, mal6ng false statements, or receiving stolea property; (c) Are not presenfly indicted for or otherwise criminalty or civilly charged by a govemmental entity (Federal, State, or local) with coavnission of any of the offenses enumerated in pazagraph (1)(b) ofthis certification; and (cn Have not within a fluee-year period preceding this application had one or more public transactions (Federal, State, or local) terminated for cause or defaul� and B. Where the applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to tlils application. 3. DRUGFREE WORKPLACE (GRANTEES OTHER TAAN INDIVIDUALS) As required by the Drug-Free Wotkplace Act of 1988, and implemented at 28 CFA Part 67, Subpart F, for gantees, as defined az 28 CFR Part 67 Secrions 67.615 and 67.620- A. TLe applica¢t cer[ifies that it will or will continue to provide a drug-free workplace by: (a) PubGshing a statement notifying employecs t6at the unlawful manufacture, distribution, dispensinS, Pussession, or use of a controlled substance is proLibited in the grantee's workplace and specifying the actions that will be taken agains[ employees for violation of such prolilbition; (b) Establishing au on-going drug-free awareuess program to inform employees about- (I) The dangecs of drug abuse in the workplace; (2) The grantee's policy of maintaining a drug-free worl�lace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon earployees for drug abuse violafions occurring in the workplace; (c) Maldng it a requirement that each employee to be engaged in the performance of the gant be given a copy of the statement required by paragraph (a); (d) Noafying the employee in the statement required by pazagraph (a) that, as a condition of employment under the gant, (1) Abide by the texms of the statement; and (2) Notify ihe employer in writing of his or her convidion for a violation of a ciiminal drug statute occurring in the workplace no later than five calendaz days aftu such conviction; �e) NotifYinB ihe agen�l'. in writin�, within 10 calendar days after receiving notice mdet subparagaph (dx2) &om an employee or othetwise receiving actual nofice of such wnviclioa Employers of convided employees mus[ provide notice, including position title, to: Depar[ment of Justice, Office of Justice Progtams, ATTN: Conitol Desk, 810 9' Street, N.W., Washington, D.C. ?A531. Notice shall include the id�tification n�bei(s) of eac6 affected granfi (� Tal�g one ofthe following actions, witlun 30 calendar days ofreceiving notice under subparagaph (dx2) with �� � �Y �Ployee who is so convicted- � T�S aPProPna[e personnel acrion against such an employee, up to and including termmation, consistent with t6e requirements ofihe R�abilimtion Act of 1973, as amended; CL) Re9uiTinB such employee to pa�ticipate satisfactorily in a drug abuse assisrance or iehabilifation progmm approved for such purposes by a Fedeial, Statc, or local hea]Ny law enforcemeM, or other aPProPn� ��Y; (p� Ma}�g a good faith effo�t to continae to maintain a drugfree woikplace throngh implem�tation of paragraphs (a), @), (�?, (�, (e)> � (�� B. The gantee may insert in the space provided below the site(s) for the performance of work done in conneaion with the specific grmC Place of Perfocmance (S4cex address, city, coumy, state, zip code) Check ifthere are workplaces on file that ace not identified here. Section 6�, 630 of ihe regulations provides that a gcantee that is a State may elect to make one certifiwtioa m each Federal fiscai yeaz. A copy of wluc6 s6ould be inctuded wfth each ap- plication for Departm�t of Justice fimding. Sfates and State agwcies may elect to use OIP Foxm 4061/7. Chedc if the Staze has d� to complete O]P Form 4061/7. DRUGFREEWORKPLACE(GRANTEES WHO ARE INDIVIDUAIS) As requ"ved by the Drug-Free Workplace Ad of 1988, and implemented at 28 CFRPazt 67, Subpart F, for gantees, as defined at 28 CFR Part 67; Sedions 67.615 and 67.620- A As a condiGOn of the gan; I ceriify Hat I w71 not engage in ihe imlawtul manufacture, distdbutiu4 aisPensmB. possession, or use of a conholled subsdnce in conducting any activity with �e gan� and B. If comicted of a criminal d�ug offense resulting from a violation acc�xmg duting fhe coaduct of any gant activity, I will report the conviction, in writing, within 10 calendar days ofthe wmiction, to: Department of Justice, Office of Justice As the duly authorized iepres�tative of the applicant, I hereby certify t6at the applicant will comply with the above certifications. 1. Grantee Name and Address: St Paul Police Department St Paul, MN 2. Application Number and/or ProjectName Drug EnfOrCemeIIt AdminietratioII State and Local Task Force 4. Typed Name and Representative 5. Signatuce . Date on ro�vwavccceuccs on roxnis�eav;wsva.vm wcvsw�ca esc oaw�.ssxc -as co..,...asra.u.s omn: �sx-�s- n�ueo�s ,. C;4�� � ��-�� �MINNEAPOI;I ST PAiJL DIST�RICT �FF'ICE �/ ����� CHICAGO FIELD DIVISION 3TATE AND LOCAL TASK FORCE AGI2EEMENfi This agreement is made this 30th day of September, 2005, between the United States Department of Justice, Drug Enforcement Administration (hereafter "DEA"), and the 3t. Paul Police Department (hereafter "Department"). WF�EREAS there is evidence that trafficking in narcotics and dangerous drugs exists in the Minneapolis-St. Paul DEA District Offica's area of responsibility which inciudes the State of Minnesota and Western Wisconsin and that such illegal activity has a substantial and detrimental effect on the heaith and general welfaze of the people of Minnesota and Wisconsin, the parties hareto agree tu the following: , 1. The DEA Task Force wili perform the acfivities and duries described below: a. disrupt the iliicit drug traffic in Minnesota and Western Wisconsin by immobilizing targeted violators and trafficking organizations; b. gather and report intelligence data relating to the trafficking in nazcotics and dangerous drugs; and, c. conduct undercover operations where appmpriate and engage in other traditianal methads of investigarion in order that the Task Force's activities result in effective prosecurion before the courts of the United States and District Courts of the States of Minnesota and Wisconsin. 2. To accomplish the objectives of the DEA Task Force, the Department agrees to detail three {3) experienced officers to the DEA Task Force for a period of not less than two {2) years. During this period of assignment, the officer wiii be under the @irect supervision and control of DEA supervisory personnel assigned to tha Task Fome. 3. The Department's officer assigned to the Task Force shali adhere to all DEA policies and procedures. Failure to atibe;e to DEA policies and procedures shall be grounds far dismissal from the Task Force. 4. The DepartmenYs o�cer assigned to the Task Force sha11 be deputized as a Task Force Officer of DEA pursuant to Title 21 U.S.C. Section 878. 5. To accomplish the objectives of the DEA Task Force, DEA will assign a m;nimum � three (3) Special Agents to the Task Force. DEA will also, subject to availabitity of annually o� - ��-� appropriated funds or any cantinuing resolurion thereof, provide necessary funds and equipment to support the activities of the DEA Special Agents aad Department officers assigned to the Task Force. This support wiii include: office space, office equipment and supplies, clerical support, travel funds, funds for purchase of evidence and information, investigative equipment, training, funds for overtime costs described below, gasoline, oii and oii cflanges for the Department owned vehicles that are utilized by the Task Force Officers far Task Force activiries, and other support items. 6. During the period of assignment ta the DEA Task Force, the Depaztment will remain responsibie for estabiishing the salary and benefits, including overtime, of the DepartmenYs officers assib ed to the Task Force, and for making all paysnents due them. DEA will, subject to availability of funds, reimburse the Department for overtime payments made by it to the Department's officers assigned to the DEA Task Farce for overtime, np to a sum equivalent to 25 percent of the salary of a GS-12, Step i, Federal employee (currently $15,144A0), per officer. 7. In no event will tha Department charge any indirect cost rate to DEA for the administration or implementation of this agreement. 8. The Department shall maintain, on a current basis, complete and accurate records and accounts of all obligations and expenditures of funds under this agreement in accordance with generally accepted accounting principies and instructions provided by DEA to facilitate on-site inspection and auditing of such records and accounts. 9. The Department shall pernut and have readily available for examination and auditing by DEA, the United States Deparnnent of 7nstice, the Comptxoller General of the United States, and any of their duly anthorized agents and representatives, any and aii recards, documents, accounts, invoices, receipts, ar expenditures relating to this agreement. The Department shaii maintain aii such reports and records until a11 audits and their examinarions are completed and resolved, or for a period of three (3) years after termination of this agreement, whichever is sooner. 10. The Department sha11 comply with Title VI of the Civil Rights Act of 1964, Section 504 of the RehabiIitation Act of 1973, the Americans With Disabilities Act (as incorporated in the Civil Rights Act of 1991} and aIl requirements unposed by or pursuant to the regulations of the United States Department of Justice implementing those laws, 28 C.F.R. Part 42, Subparts C D, and F. I i. The Department agrees that an authorized officer or employee wiii execute and retum to DEA the aitached OJP Form 406ll6, Certification Regazding Lobbying; Debannent, Suspension and Other Responsibility Matters; and Drug-Free Workplace Requirements. The Department acirnowledges that this agreement wiii not take effect and no Federal funds will be awarded to the Department by DEA untit tha completed certification is received. 12. When issuing statements, press releases, requests for proposals, bid solicitations, a� other docuxnents describing projects or programs funded in whole or in part with Federal mone �� �S� '1 he Department sha11 cleazly state: (1} the percentage of the totat cost of the prog�am or project which will be financed with federai money and (2) the dotlar amount of federal funds for the proj ect or program. 13. The tem of this agreement shall be from the date of signature by representatives of both parties to September 30 2006. This agreement may be terminated by either party on thirty (30) days advance written notice. Billings for all outstanding obligations must be received by DEA within ninety (90) days of the date of tarnrination of tius agreement. DEA will be responsible only for obligations incurred by the DepaztmenYs officer during the term of this agreement. For the Drug Enforcement Administrarion: ����� Richard W. Sanders Special Agent in Charge Chicago Field Division For xhe St. Paui For t �. ��,� �� �� e St. Paui Ciry Attomey +� I ' ��,.' For the Office of Financial Services �''� `�� L �° ��� Date: Name: ��� C75'�Q� � iz o� �� Date Data: / " � �