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07-132Council File # RESOLUTION ' SAINT PAUL, NIINNESOTA Presented By: Green Sheet # ��/,3� 3036470 �(O Referred To: Committee:Date: 1 RESOL'VED, that the City of Saint Paul, Police Department, is autBorized to enter into the attached 2 agreement with the United States Department of Jusfice to participate in the Organized Crime Drug 3 Enforcement (OCDETF� from November 11, 2006 through September 30, 2007. A copy of said 4 agreement is to be kept on �le and on record in the Office 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 Requested by Department of: Thune Adopted by Council: Date: Adoption Cer�tifie by C ncil Secretary: BY� // /%/J�l�i!!%x�ir Approved By: By: Fo�rn� Aa rove by City Attorney: U r By: 2 - �7�c7l0`7 Approv y yor for Submission to Council: �t�c.1� By:� — Q:�Fiscal W O&CR�200TOCD ETF11 _01 _06_09_30_07.x1s � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � D� /3�- , .�,.a.�..�.��,,.�����..�, ; pp — POIiceDepazmient Conqet Person & Phone: Chief John Hartington 266-5588 Doe. Type: RESOLUTION E-DOCUment Required: Y DocumentCOntact: RobThOmasser 26,,�,-��� I Green Sheet NO: 3036470 � i uepanrt�en[ �em w reraon mmavva�c I 0 Folice Deparhnent i Pdice Depar[meot A55ign I 1 PdiceDeparhnent PoliceDepaz6nent � NumbM � 2 �,City AtforneY City At[orney L� For Routing 3 vor's Office Mavor Order 4 wnca'1 Conncil I 5 i Clerk Ci Clerk 6 WiceDepaztweut PoliceDepartment � ConWCt Phone: 265-6920 I 1 Total # of Signature Pages _lClio All Locations for Sianature) Signatures on the attached couneil resolution au[horizing the Ciry of Saint Paul, Police Department, ro enter into the attached agreement with the United States Department of Justice, Organized Crime Drug Enforcement Task Force (OCDETF). itlations: Approve (A) or Reject (R): � Personal Service Gontracts must answer tne Fouowing (�uestions: Planning Commission 1. Has this persoN£rm ever worketl untler a contract for this tlepartmenY? CIB Committee Yes No • Civil Service Commission � 2. Has this persoNfirm ever been a ciry employee? Yes No 3. Dces this person�rm 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 Problem, Issues, Opportunity (Who, What, When, Where, Why): The Saint Paul Police Department will participate in the Organized Crime Drug Task Force (OCDETF) with the United States Depaztment of Justice. Advantages If Approved: The Saint Paul Police Deparhnent will participate in the above mentioned federal task force with other federal and local agencies. Disadvantages If Approved: None. DisadvanWges If Not Approved: The Saint Paul Police Department Will not participate in This federal [ask force. . Transaction: $20,000 CosURevenueBudgeteA: Funding source: United States Department of � Activtty Number. credit revenue to 04000 Financial Information: �UStICB � (F�cplain) .'"��`�n is�.`,?f� ;�� xR C 2 20�7 RECENED FEB 0 5 2001 January 26, 2007 1:50 PM Page 1 d� /3� ORGAIVIZED CRIME DRUG ENFORCEMENT TASK FORCES A FOR THE USE OFTHE STATE AND LOCAL OVERTINIE AND AU"I'I�ORIZED EXPENSE PROGRAM Federai Tas Identification #: 41-6005521 DC #: Amount Requested: Number of Officers Listed: From: 11-01-2006 Beginning Date of Agreement To: 09-30-2007 Ending Date of Agreement State or Local Agency Contact Perso�: Set Rav Gainey Telephone Number: 651-265-6922 OCDETF Invesrigarion Number: GL-MNN-0169 Federal Agency Invesrigation Number. U-06-0179 State or Local Agency Name and Address: Sa�nt Paul Police Deoartrnent 367 Grove Sveet St Paul Minnesota 55101 — _ Sponsoring Federal Agency(ies). Dme Enforcement Adminis�ation 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 billings under this Reimbursement Agreement: Name: Lou Biagi Telephone Number: 651-266-5544 E-mail Address: lou.biaeiCc�ci st.nauLmn.us Fax Number: 651-266-5906 Agreement (Oct. 06), Page 1 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 effective when signed by an authorized State or Local agency official, the sponsoring Federal agency Special Agent-In-Chazge, the agency OCDETF Coordinator, and tl�e Assistant United States Attomey OCDETF Coordinator. 1. It 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 prosecutions as set forth in the Oreanized Crime Dru�Enforcement Task Forces State 2. No individual agreement with a State or Local deparhnent may exceed $20,000, and the cumulative amount of OCDETF State and Loca1 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 particulaz cases. Please submit a written request including justification approved by the AUSA Regional Coordinator to the OCDETF budget officer when seeking 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 have 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 perfornung work under a particulaz Agreement, the State and Local Overtime Procedures Manual requires that a modification memorandum identifying the amount to be deobligated be submitted to the OCDETF Executive Office wrthin five (5) working days of determining that no work is being performed. The State and Local Police Departments are to provide monthly billing estimates or activity upon request. 6. The State or Local law enforcement agency agrees to provide experienced drug law enforcement officers 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. 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. Officers who aze deputized may possess Federal law enfozcement authority as specified by the agency affording the deputation. 9. Any State or Local officers assigned to an OCDETF investigation in accordance with this agreement aze 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 10. OCDETF and the sponsoring Federal law enforcement agency(ies) for the approved OCDETF investigation will provide to the assigned State/Local officers the clerical, operational and administrative support that is mutually agreed to by the parties to this agreement. ll.Officers assigned to OCDETF investigations must work full-time on the investigation(s) in order to be paid overtime. In order to satisfy the "full-time" requirement, a law enforcement officer must work forty (40) hours per week or eight (8) hours per day on a single or multiple OCDETF invesfigation(s). Any established exceptions or waivers to this defuution shall be requested by the Regional Coordination Group and attached as Addendum A to the Agreement. [The pazent State or Local agency must pay the base salary of their officers. In the event officers must work overtime on the OCDETF investigation, the OCDETF Program will xeimburse the parent State or Local law enforcement agency for a limited amount of those overtime costs.] The agency is responsible far paying its law enforcement officer(s) for their overtime, 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 woxked. 12. Analysis of reimbursement claims by the Regiona] Coordination Group may result in a modificarion 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 modification with follow-up confirmation 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 rime 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 also will monitor these payments. 14. The overtune log must be attached to the reunbursement 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 �penses are claimed and that overtime has not exceeded 25% of the current Federal salazy rate in effect at the time the overtime was worked. IS. Under no circumstances will the State or Local agency charge any indirect costs for the administration or nnplementation of this agreement. 16. The State or Local agency shall maintain complete and accurate records and accounts of all obligarions and expenditures of funds under this agreement for a period of six (6) yeazs and in accordance with generally accepted accounting principles to facilitate inspection and auditing of such records and accounts. Agreement (Oct. 06), Page 3 17. 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 Justice, the Comptroller General of the United States, and/or any of their duly- authorized agents and representatives, of any and all records, documents, accounts, invoices, receipts, or expenditures relating 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 OCDETF agreements pursuant to the regulations of the Department of Justice (see, e.�., 28 C.F.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 termination. Billing for outstanding obligations shall be received by OCDETF within thiriy (30) days of the notice of terminahon. 20. The Debt Collection Improvement Act of 1996 requires that most payments 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 Executive 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 inifialed by the Executive Assistant of the Regional Coordination Group making the revision. The OCDETF AUSA Coordinator oT designed must initial all funding changes. Agreement (Oct. 06), Page 4 This agreement is not a contract or obligation to commit Federal funds in the maximum amounts projected. Funding allocations for the time 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, sub�ect to modification by OCDETF based upon the progress and needs of the OCDETF investigation. Additionally, resources aze contingent upon the availability of funds per the approval and signature of the AUSA OCDET'F Coordinators obligafing authority. The OCDETF Executive Office will verify and accept that al] the terms and conditions of the agreement have been met. Approved By: Approved By: Authorized State or Loca1 Official Tztle Date Sponsortng Federal Agency Special Agent in Charge or designee Date Approved By: Regional Sponsoring Federal Agency OCDfiTF Coardinator Date Approved By: Regional Assistant Unzted States Attorney OCDETF Coordinator Date Funds are encumbered for the StatelLocal Agency overtvne costs and authorized expenses specified above. Subject to availability of funds. Accepted By: OCDETF Executave Off ce Date C t{Zn T� J J �irtar�e�o,� S�rvtPzs, l���'eeta� Agreement (Oct. Ob), Page 5 ORGAlVIZED CRIME DRUG ENFORCEMENT TASK FORCES STATE OR LOCAL LAW ENFORCEMENT OFFICERS AS5IGNED TO PARTICIPATE IN THE STATE AND LOCAL OVERTIME AND AUTHORIZED EXPENSE PROGRAM State or Local Agency: Saint Pail Police Denartment OCDETF Investigation Number: GL-MNN-0169 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 wriring by all of the parties to this Ageement, made a part of the Agreement, and forwarded to the OCDETF Executive Office. NAME TTTLE/RANK DOB 1. Rav Gainev S c,rt 06/09/1964 2. Mark Nelson Officer 06/20/1976 3. Pat Scott Officer 04-13-1954 4. TixnHale Officer 1Q11611963 5. PhoungChung Officer 04(30(1975 6. 7. 8. 9. 10. Agreement (Oct. 06), Page 6 /' 1/' 11 _il •. Definition of "Full-Tune Participation" Exemption Any Other Exceptions or Justifications Agreement (Oct. 06), Page 7 ACH VENDOR/iVIISCELLANEOUS PAYMENT ENROLLMENT FORM PA�'E/C�MPANY I�+'�RMEtlT1�N (Include State and I,ocal agency name as written on agreement cnver Name: Saint Paul Police Depariment Address: 367 Grove Street St. Paul, Minnesota 55101 Tazpayer ID Number: 41b005521 Contact Person Name: Sgt. Ray Gainey Telephone Number: 651-265-6922 FTNANCTAL INSTITUTION INFORMATTON Bank Nazne: t ABA Rouring Transit Number: Account Number: of Account: Please retum with the Reixnbursable Agreement The Debt Collection Impiovement Act of 1996 reqwres that most payments made by the Fedeial govemment, including vendoi payments, must be made by electromc funds transfez (EFT). A benefit of receivmg payments by EFT is that your funds aze duecfly deposited to your account at a financial insritution and aze available to you on the date of payment. If you have any question regazding the delivery of remittance infoimarion, please contact the fmancial instituhon (bank) wheze youi account is held. If you have any question on the complerion of this form, please contact Keith Matthews, EFT Coordinator, 202-307- 2042 To inquire about a bill please contact: http://fmsapps treas.qov/paidlPAlDfaq.asp Agreement (Oct. 06), Page January 11, 2007 Your OCDETF Agreement Information Form was received via fax on 1i9i2007. Attached you will find the FY 2007 OCDETF Overtime Agreement requested. Please review the agreement for any errors, sign, and complete the ACH vendor form (page 8). After obtaining the appropriate signature please forward to your local DEA personnel for their signature and return the agreement back to the OCDETF coordinator for processing. Thank you, Habeeba M. Akhar OCDETF Great Lakes Region 312-886-0728 HabeebaMAkbar(c� aol.com