07-898Couucil File #
Green Sheet #
Presented By:
RESOLUTION
CITY OF SAINT PAUL, NIINNESOTA
D2 898
3043742
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Referred To: Committee:Date:
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
3(OCDETF) Task Force from June 1 l, 2007 through September 30, 2007. A copy of said agreement is to be
4 kept on file and on record in the Office of Financial Seroices.
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Yeas Nays Absent Requested by Deparhnent of:
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Bosirom ,� PO�1CC �
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Adopted by Council: Date:
Adoption Certified by C uncil Secretary:
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Approvedb�ay+�r:Date: �`��/u7
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Fodmf Aparove by City Attorn :
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Appro d by or fo m' sion to Council:
By:
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� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
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� DeparhnenUoffiedeouncil: Date Initiated:
� Pp - POliceDepamnrnt 07-SEP-07 � Green Sheet NO: 3043742
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� Co�rtact Person & Phone:
� Chief John Hartington
266-5588
, Mus[ Be on Council Aaen
Doe. Type: RESOLUTION
E-Document Required: Y
DocumeM Contaet: Evette Scarver
ContaetPhone:
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i 0 �dice Deoar�ent i Pohce Deparhneut i
A55ign i 1 �diceDepar�ent I PWiceDepazlwehi �
Number I Z Cip Attornev I Citv Attornev i�
For
Routing I 3 SNayor's Office MaYOr i
Order I 4 al Comcil
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5 ity Clerk City Clerk i
6 �olice Deparlment Police Depazlmehi
Total # of Signature Pages 1 (Clip All locations for Signature)
Action Requested:
Signatures on the a[tached council resolution authorizing the City of Sain[ Paul, Police Depaztment, to enter into the attached
agreement with the United States Departrnent of Justice, Organized Crime Drug Enforcemen[ Task Force (OCDETF).
idations: Approve (A) or Re�ect (R): Personal Service Contrects Must Answer the Following �uestions:
Planning Commission 7. Has this persoNfirtn 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 persoNfirtn possess a skill not nortnally possessetl by any
current city employee? `
Yes No
F�cplain all yes answers on separate sheet antl attach to green sheet
I Initiating Problem, lssues, Opportunity (Who, What, When, Where, Why):
�� The Saint Paul Police DeparhnenY will participaYe in the OCDETF with the United States Depaztment of Justice. The Saint Paul
�I, Police Departrnent will be reimbursed for overtime expenses.
Advantages If Approvetl:
The Saint Paul Police Depaztment will participate ini the above mentioned federal task force with other federal and local agencies
from June 11, 2007 through September 30, 2007.
Disativantages If Approved:
None.
1 Disadvantages If Not Approved:
� The Saint Paul Police Department will not participate in this federal task force.
�oia�s�mountoi $10,000
Transaction:
Fundiny source: United States Department of
Financial lnformation: �UStiC@
(Explain)
CosVRevenue Butlgeted:
Activity Number:
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September 7, 2007 3:10 PM Page 1
b7-898
ORGANIZED CRIME DRUG ENFORCEMENT TASK FORCES
AGREEMENT
FOR THE USE OF THE STATE AND LOCAL
OVERTIME AND AUTHORIZED EXPENSE PROGRAM
Federal Tas Identification #: 41-600-5521
Amount Requested:
$ ! 6 000.00
of Officers Listed: 5
OCDETF Investigarion
Number: GL-MN-182
Federal Agency Investigation
N umb e r: 245 D-MP-625 8 8
06/11/2007
Beginning Date of Agreement
09/30/2007
Ending Date of
State or Local Agency
Contact Person: Commander Timothy Lynch
Telephone Number: _651-266-5650
State or Local Agency Name and Address:
St. Paul Police Department_
367 Grove Street
DC �:
St. Paul, Minnesota 55101
Sponsoring Federal Agency(ies):
Federal Bureau of Investigation
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: Angela Anderson
Telephone Number: _651-266-5537
E-mail Address: _Angela.anderson@CI.stpaul.mn.us_
Fax Number: 651-266-5908
L
Agreement (Oct. 06), Page 1.
v�- 8 g8
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-Charge, the
agency OCDETF Coordinator, and the 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 investigations and prosecurions as set forth in
the Organized Crime Drue Enforcement Task Forces State and Local Overtime and Authorized Expense
P�am, Policies and Procedures Manual, October, 2006.
2.No individual agreementwith a State or Local department may exceed $20,000, and the cumulafive
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 submrt 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 far 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. 'I`he 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 modificarion 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. TheStateorLocallawenforcementagencyagreestoprovideexpexienceddruglawenforcement
officers who are idenfified 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 deputized shall possess no law enforcement authority other than that
conferred by viriue of their position as a commissioned officer of their parent agency.
8. Officers who are deputized may possess Federal law enfarcement 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
D �-89�
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.
1 l. Officers assigned to OCDETF investigations must work full-time on the investigation(s) in order
to be paid overiime. In order to satisfy 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 invesrigation(s). Any
established exceptions or waivers to this defmirion 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 OCDETF investigation, the OCDETF
Program will reimburse the pazent State or Local law enforcement agency for a limited amount of those
overtimecosts.] Theagencyisresponsibleforpayingitslawenforcementofficer(s)fortheirovertime,travel
and per diem expenses. To ensuxe proper and complete utilization of OCDETF 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 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 Coordination 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 confirmation m 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 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 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 has not exceeded 25% of the cunent 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 adminisYration 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 aperiod of six (6) years and in accordance
with genexally accepted accounting principles to facilitate inspection and auditing of such records and
accounts.
Agreement (Oct. 06), Page 3
a� �y�
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 OCDE"I`F agreements pursuant to the regulations of the Deparhnent of Justice
see, �, 28 C.F.R. Part 42, Subparts C and G; 28 C.F.R. 503 (1991)) relating to discriminarion on the
grounds of race, color, sex, age, national ongin 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 ternunation. Billing for outstanding obligarions shall be received by
OCDETF within thirry (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 OCDETF Executive O£fice
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 Execurive Assistant of the Regional Coordination Group maldng the revision.
The OCDETF AUSA Coordinator or designee must initial all funding changes.
Agreement (Oct. 06), Page 4
6� ��g
T'his 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 herem represent proj ecrions only and are based
upon consultat�on between the sponsoring Federa] agency and the State or Local law enforcement agency.
They are, therefore, subj ect to modification by OCDETF based upon the progress and needs of the OCDETF
investigation. Additionally, resources are contingent upon the ao�ailability of funds per the approval and
signature of the AUSA OCDETF Coordinators obligating authority. The OCDETF Executive Office will
verify and accept that all the terms and conditions of the ageement have been met.
Approved By:
Approved By:
Approved By:
Approved By:
Aufhorized State or Lacal Officia! Title Date
Sponsoring Federal Agency Special Agent in Charge or designee Date
Regional Sponsoring Federal Agency OCDETF Coordinator Date
Regional Assistant United States Atforney 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:
OCDETF Executive �ce
Date
City Attorney Date
rector, r'inancial Services llate
Agreement (Oct. 06), Page 5