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07-489Council File # Green Sheet # Committee:Date: l�7-y� 3039 230 1 RESOLVED, that the City of Saint Paul, Police Department is au�horized to enter into the attached 2 agreement with the United States Department of Justice to particpate in the Organized Crime Drug 3 Enforcement (OCDETF) Task Force from March 1, 2007 through August 31, 2007. A copy of said 4 agreement is to be kept on file and on record in the Oftice 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 Yeas Nays a,bsent Requested by Departm�nt of: Harris By: Th�ne Adopted by Council: Date: Adoption Cer�tifi�ed by Co ncil Secretary: BY� _ � / //]oaG/_�i.��iE�S�/� by City Attorney: Approved by • ate: (.C1�OZ—/b� Approv b NIa or for Submissiou to Council: By: By: Q1FiscaMO&CRI� � �.,�`� /-, � ��N � s� �.i �' RESOLUTION CITY OF SAINT PAUL, MINNESOTA � Presented By: � � � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � O�- y�� PD - PoticeDepamnenc Contact Person & Phone: Chief John Harrington 266-5588 Doc. Type: RESOLUTION E-DOCUment Required: Y Document Contact: Rob Thomasser Contact Phone: ToWI # of Signature �-�R-0� � ! Green Sheet NO: 3039230 � � uepanmenc omciorerson mmauva[e � 0 @'WiceDeparlmeOt PoliceDePU'buent Assign I 1 �PoticeDepar�ent � PoliceDepar�ent ' � Number I 2 ity Attorcey ! Ciry Attomev For Routing J 3 v�'s0ffice I N1aYOr Order i 4 ,Council i Comcil i i 5 ,CStq Clerk City Clerk 6 ' olice Deparm�ent Police Depar[meut I (Clip All Locations for Signature) Signatures on the attached council resolution authorizing the City of Saint Paul, Police Deparlment to enter into the attached agreement with the United States Deparlment of Justice, Organi2ed Crime Dzug Enforcemen[ Task Force (OCDETF). or Must Planning Commission ' 1. Has this persoNfirm ever worked under a contract for this tlepartmenY� CIB Committee Yes No Civil Service Commission 2. Has Mis person/firm ever been a cify employee? Yes No 3. Does [his person/f�rm possess a skill not nortnaity possessed by any current city employee? Yes No � Explain all yes answers on separete sheet and attach to green sheet Initiating Problem, Issues, Opportunity {Who, What, When, Where, Why): The Saint Paul Police DeparUnent wil] participate in ttte OCDETF wi[h the United States Depart�nent of Justice. The Saint Paul Police DepartrnenY will be reimbursed for overtime expenses. Advantages If Approved: ' The Saint Paul Police Department will participate in the above mentioned federal task force with other federal and local agencies from Mazch 1, 2007 through August 31, 200�. Disadvantages If Approvetl: None. Disadvafrtages If Not Approved: The Saint Paul Police Department will not particpate in this federal task force. RECENED MAY 2 1 2007 MAYOR'S OFFIGE i ota� amount ot �30,000 � CosVRevenue Budgeted: Transaction: Funa�ng source: United States Department of Activity Number: 04000 Financial Information: �UStiCO ���t�( (Explain) ��[��6 �A�1i��`l0 ���' t�IQY 2120a1 � �' _ .. -_���.i �L. __ � _ .—_'�_� �$t�� � � 2�{�� .. . ';`�- . -�°°�-�. •_�,�';'�`C tl � � i ", i _ ,_ �.. April 30 2007 3:35 PM Page 1 o�-y�g ORGANIZED CRIME DRUG ENFORCEMENT TASK FORCES AGREEMENT FOR THE USE OF THE STATE AND LOCAL OVERTIME AND AUTHORIZED EXPENSE PROGRAM Federal Taac Identificarion #: Amount Requested: $ 10.000.00 Number of Officers Listed: 5 DC #: OCDETF Investigation Number: GL-MNN-154 Federal Agency Investigation Number: I7-OS-0021 From: 03/O1/07 Beginning Date of Agreement To: 08/31/07 Ending Date of State or Local Agency Contact Person: Conunander Rob Thomasser Telephone Number: _651-265-6920 State or Local Agency Name and Address: _St. Paul Police Department _367 Grove Street _St. Paul, Minnesota 55101_ Sponsoring Federal Agency(ies): Drug Enforcement Administration I Please provide the name, telephone number and e-mail address for the administrative or financial staffperson at the state or local agency, who is directly responsible for the billings under this Reimbursement Agreement: Name: _Amy Brown Telephone Number: _651-266-5507 E-mail Address: _amy.brown@ci.stpaul.mn.us Faac Number: 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 (OCDE"£F) Program. This agreement shall be effective when signed by an authorized State or Local agency o�cial, the sponsoring Federal agency Special Agent-In-Charge, the agency OCDET'F Coordinator, and the Assistant United States Attomey OCDETF Coordinator. L It is agreed tt�at the State or Local law enforcement officers named on this agreement will assist in Organized Crime Drug Enforcement Task Force invesrigations and prosecutions as set forth in the Or¢anized Crime Drug Enforcement Task Forces SSate and Local Overtime and Authorized Expense Pr�am. Policies and Procedures ManuaL October, 2006. 2.No individual agreement with a State or Local department may exceed $20,000, and the cumulative amount of OCDETF State and Local overtime monies that may be expended on a single OCDE"I'F investigation in a single fiscal year may not exceed $30,000 without express prior approval from the OCDETF Executive Office. The OCDET'F Execurive 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 intenrion of closing that agreement, it will not count as a modification for puxposes of this policy. These amendments or changes must be transmittedby a memorandum approved and signedby the AUSA OCDETF Coordinator or designee forthe 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 Execurive Office will assist with the monitoring of the aging Agreements. Further, if a State or Local agency indicates tk�at it is no longer perforsning 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 the 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 upon request. 6. TheStateorLocallawenforcementagencyagreestoprovideexperienceddruglawenforcement officers who ue idenrified in this agreement to work on the specified OCDETF investigarion. Any change in law enforcement officers assigned must be agreed to by all approving officials. 7. Officers who aze not depufized 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 deputarion. 9. 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. Agreement (Oct. 06), Page 2 V I' 10. OCDETF and the sponsoring Federal law enforcement agency(ies) for the approved OCDETF invesrigation will provide to the assigned State/L,ocal offcers the clerical, operarionat and administrarive support that is mutually a�eed to by the parties to this agreement. 11. Officers assigned to OCDET'F investigations must work full-time on the invesrigation(s) in order to be paid overtime. In order to sarisfy the "full-rime" requirement, a law enforcement officer must work forty (40) hours per week or eight (8) hours per day on a single or multiple OCDETF invesrigarion(s). Any established exceprions or waivers to this definition shall be requested by the Regional Coordinarion Crroup 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 investigarion, the OCDETF Program will reimburse the parent State or Local law enforcement agency for a limited amount of those overtime costs.] The agency is responsible for paying its law enforcement officer(s) for their overtime, travel and per diem expenses. To ensure proper and complete urilization of OCDET'F overtime and expense allocations, reimbursement claims must be submitted monthly on the OCDETF Reimbursement Request Form. The OCDETF Executive Office may refuse payment on any reimbursement request that is not submitted to the OCDETF Regonal Coordinarion Group within thirry (30) days of the close of the month in which the overtime was worked. 12. Analysis of reimbursement claims by the Regional Coordinafion Group 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 modification 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 aY the time the overtime is performed. The State or L,ocal 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 overtnne 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 has 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 I,ocal 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 offunds under this agreement for a period ofsix (6) years and in accordance with generally accepted accounting principles to facilitate inspection and auditing of such records and accounts. Agreement (Oct. 06), Page 3 U'I - �g i 17. The State or Local agency shall pernut examination and auditing by representatives of the OCDETF Program, the sponsoring Federal agency(ies), the U.S. Deparhnent of Justice, the Comptroller 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 relating to this agreement. 18. The State or Local agency will comply with Tifle VI of the Civil Rights Act of 1964 and all requirements applicable to OCDET'F agreements pursuant to the regularions of the Department of Jusrice (see, e.�., 28 C.F.R. Part 42, Subparts C and G; 28 C.F.R. 50.3 (1991)) relaring to discriminarion on the gounds of race, color, sex, age, national origin or handicap. 19. This agreement may be ternunated by any of the parties by written notice to the other parties ten (10) business days prior to temunarion. Billing for outstanding obligarions shall be received by OCDETF within thiriy (30) days of the notice of termination. 20. The Debt Collection Improvement Act of 1996 requires that most payments made by the Federal government, 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 OCDET'F Executive Office must receive one EFT form from each participating agency or police deparhnent prior to processing their reimbursement payments. In certain circumstances the OCDET'F Executive Office will make exceptions for agencies that are unable to accept this form of payment, however, they must include written justificarion 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 revision. The OCDETF AUSA Coordinatox or designee must initial all funding changes. Agreement (Oct. 06), Page 4 ��' �10� This ageement is not a contract or obligation to commit Federal funds in the maYimum amounts projected. Funding allocations for the rime period set forth and agreed to herein represent proj ecrions only and aze based upon consultarion between the sponsoring Federal agency and the State or Local law enforcement agency. They are, therefore, subject to modification by OCDETF based upon the progress and needs of the OCDET'F invesrigarion. Addirionally, resources are conringent upon the availability of funds per the approval and signature of the AUSA OCDETF Coordinators obligaring authority. The OCDETF Executive Office will verify and accept tt�at all the terms and condirions of the agreement have been met. Approved By: Approved By: Approved By: Approved By: Authorized State or Local Official Title Date Sponsoring Federal Agency Special Agent in Charge or designee Date Regional Sponsoring Federal Agency OCDETF Coordinator Date Regional Assistant United States Attorney OCDETF Coardinator Date Funds are encumbered for the State/Local Agency overtime costs and authorized expenses specified above. Subject to availability of funds. Accepted By: OCDETF Executive Office By: Cify Attorney Date � Director, Financial Services Date Date Agreement (Oct. 06), Page 5 ORGA1vIZED CRIME DRUG ENFORCEMENT TASK FORCES STATE OR LOCAL LAW ENFORCEMENT OFFICERS ASSIGiVED TO PARTICIPATE IN THE STATE AND LOCAL OVERTIME AND AUTHORIZED EXPENSE PROGRAM State or Local Agency: St. Paul Police Department OCDETF Invesfigation Number:_GL-MNN-154 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 ofthe parties to this Agreement, made a part ofthe Agreement, and forwarded to the OCDETF Executive Office. NAME TITLE/RANK DOB 1. _Meyer, Mike Police Officer 08/15/1963 2. Nelson, Mark Police Officer 06/20/1976 3. Hale, Tim Police Officer 10/16/1963 4. Scott, Pat Police Officer 04/13/1954 5. _Sandell, Larry Sergeant 09/29/1949 6. 7. 8. 9. 10. Agreement (Oct. 06), Page 6