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07-1207RESOLUTION CITY OF SAINT PAUL, MINNESOTA Presented Bv: Council File # Green Sheet # 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Yeas ✓ Absent Requested by Department of: ✓ Thune Adopted by CounciL• Date: Adoption Certified by C uncil Secretary: BY� /I��///l�il.%1iSo/I Approved by r Date: �+ �l.L�' BY� �/I.Gt��'�l Q:\FiscalAffairsW O&CR�200TOCDETPIO_t _07th m9_30_07f lyn n.xls ���� � 3046290 19 Appro6ed b3; NIs�iyor for u mission to Council: �j , n By� �. /` l�?�i' �'�`��-�- 1 RESOLVED, that the City of Saint Paul, Police Department, is authorized to enter into the attached agreement 2 with the United States Department of Justice to participate in the Organized Crime Drug Enforcement Task Force 3(OCDETF) from October 1, 2007 through September 30, 2008. A copy of said agreement is to be kept on 4 file and on record in the Office of Financial Services. Appro o I. men Financial Services: By: � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � J7���-D� DepartmenUofficdcouncil � Date Ini[iated: � PD PoliceDepar[men[ ,�-NO�-0� ; Green Sheet NO: 3046290 - - -- - ----- ---- — Contaa Person & Phone: DePartment Sent To Person InRiaVDate ChiefJOhnHarrington � � 0 PdiceDeoarlment � PoliceDepazhnent 266-5588 , pssign '� 1 �PoliceDeoa�'�ment PoliceDeparlmen[ � Must Be on Council Agentla by (Da[e): Number ' Z City Attorney � City Attorner i�� � For � _ —_—____ -- Routing ' 3 ayor's�ce � Mayor __ � Doc. Type: RESOLUTION � Ob� I 4 ounc� Comctl I I i 5 ;Citv Clerk I City Clerk ' ' E-DOCUment Required: Y . , Document Contact: Evette Scarver "� i 6 �olice Depaztrnent I Police Depazlment ; Contact Phone: 2f Total # of Signature Pages All Locations for Signature) Signatures on the attached council resolution authorizing the City of Saint Paul, Police Department, to enter into the attached � aareement with the Umted States Departrnent of Jusdce, Organized Crime Drug Enforcemen[ Task Force (OCDETF). �I� Recommentlations: Approve (A) or R , Planning Commission CIB Committee Civil Service Commission 1. Has this person/firtn ever worked under a contract for this department? Yes No 2. Has this person/firtn ever been a ciTy employee� Yes No 3. Does this person/firm possess a skill not nortnally possessed by any current city employee? Yes No Explain all yes answers on separate sheet and attach to green sheet Initiating Prob�em, Issues, Opportunity (Who, What, When, Where, Why): The Saint Paul Police Department will participate in the OCDETF with the United States Department of Justice. The Saint Paul Police Departrnenr, will be reimbursed for overtime expenses. AdvantageslfApproved: "Che Saint Paul Police Department will participate in the above mentioned federal task force with other federal and local agencies from October 1, 2007 through September 3Q 2008. Disadvantages If Approved: None. Disadvantages If Not Approved: The Saint Paul Police Depaztment will not participate in this federal task force. Total Amount of Transaction: $10,000.00 F��d��9 source: United States Department of Financial Information: �uStiC2 (Explain) CostlRevenue Budgetetl: Activity Number: . - � � � �.. ] �, w�� .� a�J � � � r: " 4`_ . . �il:i� ���`n F r�e� 3 ��B°���! � November 13, 2007 2:44 PM Page 1 a� —1 �o� ORGAIVIZED CRIME DRUG ENFORCEMENT TASK FORCES AGREEMENT FOR THE USE OF THE STATE AND LOCAL OVERTIME AND AUTHORIZED EXPENSE PROGRAM Federal Tas Idenrification #: 41-6005521 DC #: Amount Requested: $ 10.000.00 of Officers Listed: 2 From: 10/O1/2007 Beginning Date of Agreement To: 09/30/2008 Ending Date of Agreement State or Local Agency Contact Person: Commander Tim Flynn, Telephone Number: _651-266-5701 Sponsoring Federal Agency(ies): Federal Bureau of Investigation OCDETF Investigation Number: GL-MN-172 Federal Agency Investigation Number: 245E-MP-68178 State or Local Agency Name and Address: St. Paul Police Department_ 367 Grove Street St. Paul, Minnesota 55101 Please provide the name, telephone number and e-mail address forthe administrative or financial staffperson at the state or local agency, who is directly responsible for the billings under this Reimbursement Agreement: Name: _Angela Anderson Telephone Number: _651-266-5537 E-mail Address: _angela.anderson@cistpaul.mn.us_ Fax Number: 651-266-5908 Agreement (Oct. 06), Page 1. 07�1 �4� This agreement is between the above named State or Local law enforcement agency and the Organized Crime Drug Enforcement Task Force (OCDETF) Program. This agreement shall be effecrive 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. 1. Tt is agreed that the State or Local law enforcement officers named on this agreement will assist in Organized Crime Drug Enforcement Task Force investigarions and prosecurions as set forth in the �anized Crime I?rue Enforcement Task Forces State and Local Overtime and Authorized Exnense Pro2ram. Policies and Procedures Manual, October, 2006. 2.I3o individual agreement with a State or Local departmentmay exceed $20,000, and the cumulative amount of OCDETF State and Local overtime monies that may be expended on a single OCDETF investigation in a single fiscal year may not exceed $30,000 without express prior approval from the OCDETF Executive Office. The OCDETF Executive Office will entertain requests to exceed these funding levels in particular cases. Please submit a written request including justificarion approved by the AUSA Regional Coordinator to the OCDETF budget officer when seeldng to exceed the above stated funding levels. 3. Each Reimbursable Agreement will be allowed four (4) modifications per year. In addition, if the funds for a particular agreement are completely deobligated with the intention of closing that agreement, it will not count as a modification for purposes of this policy. These amendments or changes must be transmitted by a memorandum approved and signed by the AUSA OCDETF Coordinator or designee for the region and forwarded to the OCDETF Executive Office. 4. If an Agreement does not t�ave any activity during the last ninety (90) days, the funds shall be deobligated. The OCDETF Executive Office will assist with the monitoring of the aging Agreements. Further, if a State or Local agency indicates that it is no longer performing work under a particular Agreement, the State and Local Overtime Procedures Manual requires that a modification memorandum identifying the amount to be deobligated be submitted to tlae OCDETF Executive Office within five (5) working days of determining that no work is being performed. 5. The State and Local Police Departments are to provide monthly billing estimates or activity upan request. 6. TheStateorLocallawenforcementagencyagreestoprovideexperienceddruglawenfarcement officers who are 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. � 7. Officers who are not depurized shall possess no law enforcement authority other than that conferred by virtue of their position as a commissioned officer of their parent agency. 8. Officers who are deputized may possess Federal law enforcement authority as specified by the agency affording the deputation. 9. Any State or Local officers assigned to an OCDET'F invesrigarion 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. Agreement (Oct. 06), Page 2 �?'l?'D 7 10. OCDETF and the sponsoring Federal law enforcement agency(ies) for the approved OCDET'F invesrigarion will provide to the assigned State/Local officers the clerical, operarional and administrarive support that is mutually agreed to by the parties to this agreement. 11. Officers assigied to OCDETF invesrigations mustwork full-time on the invesrigarion(s) in order to be paid overtime. In order to satisfy the "full-time" requirement, a law enforcement officer must work forry (40) hours per week or eight (8) hours per day on a single or mulriple OCDETF investigation(s). Any established exceptions or waivers to this defmition shall be requested by the Regional Coordination Group and attached as Addendum A to the Agreement. [The parent State or Local agency must pay the base salary of their officers. In the event officers must work overtime on the OCDET'F investigation, the OCDETF Program will reimburse the parent State or Local law enforcement agency for a limited amount of those overtimecosts.] Theagencyisresponsibleforpayingitslawenforcementofficer(s)fortheirovertime,travel and per diem expenses. To ensure proper and complete utilization of OCDETF overtime and expense allocations, reimbursement claims must be submitted monthly on the OCDETF Reimbursement Request Form. The OCDETF Execufive Office may refuse payment on any reimbursement request that is not submitted to the OCDETF Regional Coordination Group within thirty (30) days of the close of the month in which the overtime was worked. 12. Analysis of reimbursement claims by the Regional Coordinarion Crroup may result in a modification of the obligation of funds contained within this agreement as well as the time period covered. The agency affected by any such modification will be telephonically advised ten (10) business days in advance of such modificarion with follow-up confirmarion in writing. 13. Overtime payments, in any event, may not, on an annual per person basis, exceed 25% of the current approved Federal salary rate in effect at the time the overtime is perforxned. 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 also will monitor these payments. 14. The overtime log must be attached to the reimbursement request when submitting the monthly invoices. The Sponsoring Federal Agency Supervisory Special Agent and the State or Local official authorized to approve the Reimbursement Request must certify that only authorized expenses are claimed and that overtime ttas not exceeded 25% of the current Federal salary rate in effect at the time the overtime was worked. 15. Under no circumstances will the State or Local agency charge any indirect costs for the administration or implementation of this agreement. 16. 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 accounring principles to facilitate inspecfion and auditing of such records and accounts. Agreement (Oct. 06), Page 3 ��_�ao� 17. The State or Local agency shall pernut examinarion and audiring by representatives of the OCDETF Program, the sponsoring Federal agency(ies), the U.S. Department of Jusrice, the Comp�oller General of the United States, and/or any of their duly-authorized agents and representarives, of any and all records, documents, accounts, invoices, receipts, or expenditures relaring to this agreement. 18. The State or Local agency will comply with Title VI of the Civil Rights Act of 1964 and all requirements applicable to OCDET'F agreements pursuant to the regularions of the Department of 7ustice see, e_.g, 28 CF.R. Part 42, Subparts C and G; 28 C.F.R. 503 (1991)) relating to discrimination on the grounds of race, color, sex, age, national origin or handicap. 19. This agreement may be terminated by any of the parties by written notice to the other parties ten (10) business days prior to ternnnation. Billing for outstanding obligations shall be received by OCDETF within thirty (30) days of the nohce of termination. 20. The Debt Collection Improvement Act of 1996 requires that most payrraents made by the Federal govemment, including vendor payments, must be made by electronic funds transfer (EFT). In accordance with the act, all OCDETF reimbursement payments will be issued via EFT. All participating State and Local agencies must complete and submit the attached EFT form. The OCDETF Execurive Office must receive one EFT form from each participating agency or police department prior to processing their reimbursement payments. In certain circumstances the OCDETF Executive Office will make exceptions for agencies that are unable to accept this form of payment, however, they must include written justification in the addendum of each new agreement. 21. All changes made to the original agreement must be approved by the OCDETF Executive Office and initialed by the Executive Assistant of the Regional Coordination Group making the reyision. The OCDETF AUSA Coordinator or designee must inirial all funding changes. Agreement (Oct. 06), Page 4 ��-�a�� This agreement is not a conh or obligation to commit Federal funds in the xnaximum amounts proj ected. Funding allocations for the fime period set forth and agreed to herein represent proj ections only and aze based upon consultation between the sponsoring Federal agency and the State or Local law enforcement agency. They are, therefore, subj ect to modification by OCDETF based upon the pro� and needs of the OCDET'F investigarion. Additionally, resources aze contingent upon the availability of funds per the approval and signature of the AUSA OCDET'F Coordinators obligating authority. The OCDETF Executive Office will verify and accept that all the terms and conditions of the agreement have been met. Approved By: Approved B : GU '�;�'j,{�Gµ�d � �S� � Sponsoring F�al Agency Special Agent in Charge or designee Approved By: Regional Sponsor•ing Federal Agency QCDETF Coordinator Date /��a � Date Approved By: Regional Assistant United States Attorr�ey OCDETF Coordinator Date Funds are encumbered for the State/Local Agency overtime costs and authorized expenses specified above. Subject to availability of funds. Accepted By: OCDETFExecutive Office Date Approved By: Approved By: Agreement (Oct. 06), Page 5 o�-I ao� ORGANIZED CRIME DRUG ENFORCEMENT TASK FORCES STATE OR LOCAL LAW ENFORCEMENT OFFICERS ASSIGNED TO PARTICIPATE IN T`HE STATE AND LOCAL OVERTIME AND AUTHORIZED EXPENSE PROGRAM State or Local Agency: St. Paul Police Department OCDETF Investigation Number:_GL-MN-172 The law enforcement officers listed below will assist with the above identified OCDETF investigation. Any modification of the list of law enforcement officers must be agreed to in writing by all of the parties to this Agreement, made a part ofthe Agreement, and forwarded to the OCDETF Executive Office. NAME TITLE/RANK DOB 1. _Richazd Straka Sergeant 6-21+�. 2. _Chou Jim Yang Officer 5-24� 3. 4. 5. 6. 7. 8. 9. 10. Agreement (Oct. 06), Page 6 b��laa� ORGANIZED CRIME DRUG ENFORCEMENT TASK FORCE STATE & LOCAL OVERTIME AND AUTHORIZED EXPENSE PROGRAM GREAT LAKES REGION ADDENDUM A The "full-time" rule states: Officers assigned to QCDETF investigations must work fu11-time on the investigation(s) in order to be paid overtime. In order to satisfy the "full-time" requirement, a 1aw enforcement officer must work forty (40) hours per week or eight (8) hours per day on a single or multiple OCDETF investigation(s). Any established exceptions or waivers to this definition shall be requested by.the Regional Coordination Group and attached as Addendum A to the Agreement. In paragraph I(9) of the Agreement approval section, there is an exception allowed for the "State or local officers unable to be assigned to an OCDETF investigation on a full-time basis," when an exception is granted by the OCDETF coordination group. Given the size of narcotics units in some of the departments in this Region and the increasing demands being placed on these units, the Great Lakes Regional Coordination Group has determined that some flexibility in application of the full-time rule is required. To that end the following exception policy best meets the demand of significant contribution by the state or local agency and the flexibility required to meet all the 1aw enforcement demands: , A11 overtime reimbursement requests that do not meet the forty hour week or eight hour day rule must indicate that the requesting department worked four times as many regular hours (base salary time) as overtime hours requested. Therefore, there must be a 4:1 ratio between regular hours worked and overtime hours requested. Officers who are working 40 hours a week or eight hours a day of regular time on the OCDETF investigation are excluded from this ratio calculation.