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09-115Council �le # ��—//S" Green Sheet #3065119 RESOLUTION CITY OF �NT P/ MtNNESOTA � � Presented by 1 RESOLVED, that the City of Saint Paul, Police Department, is authorized to enter into the attached agreement with the 2 United States Department of Justice to participate in the Organized Crime Drug Enforcement (OCDETF) Task Force from 3 November 20, 2008 through September 30, 2009. A copy of said agreement is to be kept on file and on record in the Office of 4 Financial Services. Requested } Departme of: � (,u/o, Lti By: Approved � ice of F' c', e'c s By: Approved by ity Atto ey BY� �l.f-onzu/ ' � Y � for Submission to Council < � Adoption Certified b Counci ecretary BY� / / //1/Ji � _ /1.rNS/�2 Approved y � Date � By: / Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �� � 7epartmenUOffice/Council: � Date Initiated: , �� //J Pp _Po6ceDepartment , � ! Green Sheet NO: 3065119 � CoMact Person & Phone: i ChiefJohn Harrinpton 2665585 Must Be on Council Agenda by (Uate): T � : RESOLUTION E-DOCUmentRequi2d: Y Doeument CoMaet: Evette Sqrver Conhd Phone: 266-5541 Total # of Signature Pages _ �► ° r Assign � 2 Number �� 3 For � Routing � 4 Osde[ � 5 � 6 ` 7 Loeations for Signature) j Adion Requested: ' Signatures on the attached council resolurion authoriung the City of Saint Paul, Police Depaxtment, to enter into the attached �'� agteement with the United States Depattment of Jusrice, Orgauized Crime Dmg Enforcement Task Force (OCDETF). Recommendations: Approve (A) or Reject (R): Planning Commission Cl8 Committee Civil Service Commission Personal Service Contrects Must Answer the Following Questions: 1. Has this person/firm ever worked under a contract for this department? Yes No 2. Has this persoNfirtn ever been a ciry employee? Yes No 3. Does this persoNfirm possess a skill not normally possessed by any curzent city employee? Yes No Euplain all yes answers on separate sheet aMl attaeh fo green sheet. Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): The Saint Paul Police Department will participate in the OCDBTF with the United States Departrnent of Jusrice. The Saint Paul Police Depar4ment will be reimbursed for overtime expenses. Authorization is needed. 'I Advanqges If Approved: The Saint Paul Police Department will participate in the above mentioned federal task force with other federal and local agencies. � � _ Disadvantages If Approved: None. DisadvanWges If NotApprwed: The Saint Paul Police Department will not participate in this federal task £oree. Sotal AmouM of $10 , 000. 00 Trensaction: Fund�oy so�rce: United States Department of Justice Financial Infiormation: (Explain) CosURevenue Budgeted: ActNity Number. 436-34230 � DEC 1 � 2006 4`� , �, � _ December 12, 2008 2:10 PM Page 1 �. ORGANIZED CRIME DRUG ENFORCEMENT TASK FORCES �q /is A reement FOR THE USE OF�HE STATE AND LOCAL OVERTIME AND AUTHORIZED EXPENSE / STRATEGIC INITIATIVE PROGRAM � Federal Tas Identification #: �� "��i t:.�{�ra� � DC #: Amount Reques[ed: � /D�oGC) Number of Officers Listed: � From: //' - �G -.��6,� Beginning Date of Agreement To: 9-30-2009 Ending Date of Agceement State or Local Agency Narcotics Supervisor: .S� , �C N ..�.�.5.� Telephone Numbec s�' 7�$�' s E-mai]Address: Pi✓�VCf�i�.S/�SIC� Ci. S7'��vZ -:�.✓, v� Fac Numbet': ��l ' c��t' �a' �1 �9 �— OCDETF Investigation / Strategic Initiative Number:GL- /t't !�/ ' C)a () Federal Agency Investigation Number: � � G �7 ' Cf / G / State or Local Agency Name and Address: �� � i✓ � (�rr �i C F JI�P�f ��� Gra v� S'J`. �.�u G n� n. c�'ic i Sponsoring Federal Agency l D Group/Squad Supervisor: CS ��/�"�/� Y��Re Telephone Number: G�o� - ,? t�L�.T .j � E-mail Address:��A"s'�• 1� F� ,�e� Sponsoiing Fedexal Agency(ies): '.l�rl 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: Ti� G el� A�%�G��G� Telephone Number: � S 1- � � �a - ���� E-maii Address: i9�•t�rlA-A ✓1 �+ �fs Sc, @ Ci. St �9✓E. _ ?^n� , (s S� Fax Number: � S �- .��o(s ' 5���� Agreement (Oct. 08), Page 1 11 �9-/�s 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 the Assistant United States Attorney 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 prosecutions as set forth in the O�anized Crime Drua Enforcement Task Forces State 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 OCDETF investigation in a single fiscal yeaz 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 justification approved by the AUSA Regional Coordinator to the OCDETF budget officer when seeking to exceed the above stated funding levels. 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 memoranduxn 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 performing work under a particular Agreement, the State and Local Overtime Procedures Manual requires that a modification memozandum 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. 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 aze not deputized shall possess no law enforcement authority other than that confened by virtue of their position as a commissioned officer of their pazent agency. 8. Officers who are deputized may possess Federal law enforcement authority as specified by the agency affording the deputation. 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 ��i i�s 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. Il.Officers assigned to OCDETF investigations must work full-time on the investigation(s} in order to be paid overtune. 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 investigation, 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 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 Coordinataon 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 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 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 current Federal salary rate in effect at the time the overtime was worked. 15. Under no circumstances will the State or Local agency chazge 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 inspection and auditing of such records and accounts. A�eement (Oct. 06), Page 3 Oqi�s 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 3ustice (see, eg, 28 C.F.R. Part 42, Subparts C and G; 28 C.F.R. 50.3 (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 sha11 be received by OCDETF within thirty (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 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 aze 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 OCDET'F Executive Office and initialed by the Executive Assistant of the Regional Coordination Group making the revision. The OCDETF AU5A Coordinator or designed must initial all funding changes. Agreement (Oct. 06), Page 4 0 �9 i�s This agreement is not a conlract or obligafion to commit Federal funds in the maxunum 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 aze, therefore, sub�ect to modification by OCDETF based upon the progress and needs of the OCDETF investrgation. Additionally, resources are contingent upon the auailability of funds per the approval and signature of the AUSA OCDETF Coordinators obligating authority. The OCDET'F Executive Office will verify and accept that ail the terms and conditions of the aa eement have been met. Approved By: State or Local O�cial Approved By: Sponsoring Federal Agency 3pecial Agent Approved By: Approved By: Federal Agency OCl �nitad States A;pb'rney Title Date i �harge�or designee Date . �� Coordtnator Date E F oordinator Date Funds aze encumbered for the State/Locai expenses specified above. Subject to availability of Accepted By: OCDETF Executive �ce Approved By: Saint Paul City Attorney Approved By: Director, Financial Services Agreement (Oct. 06), Page 5 E overtime costs and authorized Date Date �, o G9 ��s ORGANIZED CRIME DRUG ENFORCEMENT TASK FORCES STATE OR LOCAL LAW ENFORCEMENT OFFICERS ASSIGNED TO PARTICIPATE IN THE STATE AND LOCAL OVERTIME AND AU'THORIZED EXPENSE PROGRAM State or Local Agency: S�- l` ��1 ��� �P,���°� �'"f OCDETF Investigation Number: �s L � ��N ' �1G�G� The law enforcement officers listed below will assist with the above identified OCDETF investigation. Any modification of the list of law enforcement o�cers must be agreed to in writing by all of the parties to this Agreement, made a part of the Agreement, and forwarded to the OCDETF Executive Office. NAME TITLE/RANK DOB 1. �L�i' � ��s �iG � Sc' �5 �' A v� � 2. 3. �./1fI,�2� tiC'% S�' � ��F'�`c .e� A. ��� �11Y �-��c�r � 5. '�I CC CI-��� C P/C � 6. 7. 8. 9. 10. Ageement (Oct. 06), Page 6 C�