08-451Council File #
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RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
Green Sheet #
DS -�51
3051890
,�"�"
RESOLUED, that the City of Saint Paul, Police Deparhnent, is authorized to enter into the attached agreement
with the United States Department of Justice to participate in the Organzied Crime Drug Enforcement Task Forcf
(OCDETF) from January 1, 2008 through September 30, 2008. A copy of said agreement is to be kept on
file and on record in the Office of Financial Services.
Requested by Department of:
By:
Adopted by Council: Date��j�, ����
Adoption C%%�d by C�Buncil Secretary:
BY� /��i���il���5drr
Approved
�
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'" Q:\FiscalAffairs�AO&CR�2008\OCDETFI 1 08thru9 30 08GSF.xIs
Approv d by yor for Sub issio to Council:
By:
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
b�-�51
DepartmeM/officeleouncil: I Date Initiated:
Po -Po�����en� ; o�-�R-0B : Green Sheet NO: 3051890
I Contact Person & Phone:
Chief John Hartington
266-5588
Must Be on Council Aaen
Doa Type: _ RESOLUTION
E-Document Required: Y
Document Contact: Cdr Ryan
Contact Phone: 266-5537
Total:# of Signature Pages � (Clip All Loeations for Signature)
Signatures on the attached council resolu6on authorizing ihe City of Saint Paul, Police Department, to enter into the attached
agieement with the United States Department of Justice, O[ganized Crime Drug Enforcement Task Force (OCDETF).
Recommentlations: Approve (A) or Fieject (R): Personal Service Contracts Must Answerthe Following �uestions:
Planning Commission 7. Has this persoNfirtn ever worked under a contract for this departmenY?
CIB Committee Yes No
Civil Service Commission 2. Has this person/firm ever been a city employee?
Yes No
3. Dces this person/firm possess a skill not normally possessed by any
curreni city employee?
i Yes No
Explain all yes answers on separate sheet and attach to green sheet
i
'�, Inifia(ing Problem, Issues, Opportunity (Who, What, When, Where, Why): �
� The Saint Paul Police Department will participate in the OCDETF with the Uni[ed States Department of Justice. The Saint Paul
I PQISce Departraent will be reimbursed for overtime expenses. Authorization is needed.
i
AtlVanWges If Approved:
The Saint Paul Police Department will participate in the above mentioned federal task force with other federal and local agencies from
January 1, 2008 through September 30, 2008.
None:
If APProved:
��, DisativanWges If Not Approvetl:
� The Saint Paul Police Deparhnent will not participate in this federal task force.
,
. . Transaction: $5,000.00
Fu�ding source: United States Department of
. � lnformation: �uStiCO
-� (F,cplain)
I
CasURevenue Budgeted:
Activity Number:
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( Assign i 1 YditeDepactment PoliceDepaz�eni
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i Order 4 dllavor's Office Mavor
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Aprii 3, 2008 3:12 PM Page 1
6�-�f5�
Matt
GS #: 3051890
The attached resolution would allow the Police department to enter into an aa eement with the
US Dept of Justice (DOJ). DOJ has formed an Organized Crime Dmg Enforcement Task Force.
This agreement would pay for overtime up to $5000 for an officer to participate in this task force.
This resolution would not address the budget changes that would be necessary. This would come
later, so this resolution would not require a public hearing.
This proposal seems reasonable and I recommend signing.
Chris
4/28/0
D �� - /> �
ORGANIZED CRIME DRUG ENFORCEMENT TASK FORCES
AGREEMENT
FOR THE USE OF THE STATE AND LOCAL
OVERTIME AND AUTHORIZED EXPENSE PROGRAM
Federal Tax Identification r�: 41-6005521
Amount Requested:
$ 5.000.00
Number of Officers Listed: 1
DC #:
OCDETF Investigation
Number: GL-MN-184
Federal Agency Investigation
Nuxnber: 245D-MP-69110
From: O1/01/2008
Beginning Date of Agreement
09/30/2008
Ending Date of Agreement
State or Local Agency
Contact Person: _Commander Ryan _
Telephone Number: _(651) 266-5537_
State or Local Agency Name and Address:
_St. Paul Police Department
,367 Crrove Street
_St. Paul, Minneapolis 55101_
Sponsoring Federal Agency(ies): '
Federal Bureau of Investigation
Please provide the name, telephone number and e-mail address for the administrarive or financial staffperson
atthe state or local agency, who is directiy responsible far the bilhngs under this Reimbursement Agreement:
Name: Angela Anderson
Telephone Number: _(651) 266-5537
E-mail Address: _angela.anderson@cistpaul.mn.us_
Fas Number: ! (651) 266-5908
Agreement (Oct. 06), Page 1.
dg
This agreement is between the above named State or Local law enforcement agency and the Organized
Crime Drug Enforcement TaskForce (OCDETF) Program. This ageement shall be effective when sib ed
by an authorized State or Local agency official, the sponsoring Federal agency Special Agent-Tn-Charge, the
agency OCDETF Coordinator, and the Assistant United States Attomey OCDETF Coordinator.
l. 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 Or¢anized Crime Drue Enforcement Task Forces State and Local Overtime and Authorized Ex�ense
Proeram, Policies and Procedures Manual, October, 2006.
2.No individual agreement with a State orLocal departmentmay exceed $20,000, and the cumulative
amount of OCDETF State and Loca] 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 closmg that agreement, it
will not count as a modification far puiposes of tkus 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 mnety (90) days, the funds shall be
deobligated. Ttie OCDETF Execurive 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 Manua] requires that a modification memorandum
identifying the amount to be deobligated be submitted to the QCDETF Executive Office within five (5)
working days of deterxnining that no work is being perforxned.
5. The State and Local Police Departments are to provide monthly billing estimates or activiry
upon request.
6. TheStateorLocallawenforcementagencyagreestoprovideexperienceddruglawenforcement
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 aae not deputized shall posses no law enforcement authority other than that
conferred by virtue of their position as a commissioned officer of their parent agency.
8. Officers who aze deputized may possess Federal law enforcement authority as specified by the
agency affording the deputation.
9. Any State or Local officers assigned to an OCDETF 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 mvesrigation.
Agreement (Oct. 06), Page 2
�b - �SI
10. OCDETF and the sponsoring Federal law enforcement agency(ies) for the approved OCDETF
invesrigarion will provide to the assigned State/Local officers the clerical, operational and administrative
support that is mutually agreed to by the paa to this agreement.
11. Officers assigned to OCDETF investigationsmustwork full-time on the invesrigation(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 mulriple 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. [The parent State or Local agency must pay the base salary
of their officers. In the event officers must work overtime on the OCDETF investigafion, 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 Executive Office may refuse payment on any reimbursement request that is not
submitted to the OCDBTF Regional Coardination 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
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 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 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 accounting principles to facilitate inspectlon and auditing of such records and
accounts.
Agreement {Oct. 06), Page 3
dg -�=�/
17. The State or Local agency shall permit examination and audiring by representarives 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 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 QCDETF agreements pursuant to the regulations of the Departrnent of Justice
see, e.�., 28 C.F.R. Part 42, Subparts C and G; 28 C.F.R. S03 (1991)) relating to discrimination on the
gxounds 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 ternunation. Billing for outstanding obligarions shall be received by
OCDETF within thirty (30) days of the notice of termination.
20. The Debt Collection Tmprovement Act of 1996 requires that mosf 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 Office
must receive one EFT form from each participating agency or police depariment 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 mclude written justificarion in
the addendum of each new agreement.
21. All changes made to the original agreement must be approved by the OCDET'F Executive
Office and initialed by the Executive Assistant of the Regional Coordination Group making the revision.
The OCDETF AUSA Coordinator or designee must initial all funding changes.
Agreement (Oct. 06), Page 4
��-vs r
This agreement is not a contract or obligarion to commit Federal funds in the maYimum amounts projected.
Funding allocations for the time period set forth and agreed to herein representproj ecrions only and are based
upon consultarion between the sponsoring Federal agency and the State or Local law enforcement agency.
They are, therefore, subject to modificarion by OCDETF based upon the progress and needs ofthe OCDETF
mvestigation. Additionally, iesources are contingent upon the availability 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 agreement have been met.
Approved By:
Authorized State or Local Official
Approved By: F
Sponsoring Federal Agency Special Agent in Charge or
Approved By:
Regional Spons�
Approved By:
Regional Assist�
Funds are encumbered f
above. Subject to availability
;.
Accepted By: f
OCDETF'ExecZ
Approved By:
Approved By:
OCDETF
f ,,
t'U�zited S�tes Atto;
`t `
'the , � - ocal.Age
f v`nds.
ve Off ce
Ci
Date
desi�nee Date
ator Date
OCDETF Coordinator Date
overtime costs and authorized expenses specified
rney
Director, FSO
Date
Date
Date
Agreement (Oct. 06), Page 5
� ��� i
ORGAI�IZED CRIME DRUG ENFORCEMENT TASK �ORCES
STATE OR LOCAL LAW ENFORCEMENT OFFICERS
ASSIGNED TO PARTICIPATE IN THE STATE AND
LOCAL OVERTIME AND AUTHORIZED EXPENSE PROGRAM
State or Local Agency: Minneapolis Police Department
OCDETF Investigation Number: GL-MN-184
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 apart ofthe Agreement, and foruarded to the OCDETF
Executive Office.
NAME TITLEIRANK DOB
1. _Sandra L. Kennedy Officer 8/10/64_
2.
3.
4.
5.
6.
7.
8.
9.
10.
Agreement (Oct. 06), Page 6
- 6 �''�f5 /
ORGANIZSD CRIMS DRUG $NFORCSMENT TASK FORC$ STATE &
LOCAL OVSRTIMS AND AUTHQRIZEU F3XPENSL PROGRAM
GREAT LAKES REGION ADDENDUM A
The "full-time" rule states:
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 t8) hours per day on a
single or multiple OCDETF investigation(s). �y
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 basi�," when an
exception is granted by the OCDETF coordination group.
Given the si2e of narcotics units in some of the departments
in this Region and the increasinq 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 law
enforcement demands:
All 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.
Agreement (OCt. 06), Page 7