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09-329CITY Presented by Council File # d -1 I-3�? -r l Green Sheet# RESOLUTION /� SAf{VT�AUL, MINNESOTA 1 RESOLVED, that the City of Saint Paul, Police Department, is authorized to enter into the attached agreement with the 2 United States Deparrment of Justice to participate in the Organized Crime Dmg enforcement (OCDETF} Task Force from 3 December 4, 2008 through September 30, 2009. A copy of said agreement is to kept on file and on record in the 4 Office of Financial Services. Absent Adopted by Council: Date � /s�d����1 Adoption Certified by Council Secretary By: ` Approved by Mayo Date 3��� By: R�2.to� ,�-/wo n o£ �pproved by O anc'al ervic; By: ---- --� v Approve i Attomey � $y: Approve � a or or bmissio o i By: d9 ��� �.� � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � .� , Contact Person & Phone: �� Chief John Harrinpton 266-5588 � Must Be on Counait Agenda by (Date): ; p�, -� RESOLUTION �i, E-DOCUment Required: Y � Document Contact: Evette Scarver �� ConWCtPhone: 2665547 Green Sheet NO: 3066360 0 i 2 3 4 5 6 � ToWI # of Signature Page �( Clip A Locat ions for Signat Signatures on the attached council resolution authorizing the City of Saint Paul, Police Department, to enter ino the attached with the United States Department of Justice, Organized Crune Drug Enforcement Task Force (OCDETF). Recommendations: Approve (A) or Reject (R): Planning Commission CIB Committee Civil Service Commission Personal Service Contracts Must Answer the Following Questions: 1. Has this person/Tirm ever worked u�der a conVact for this department? Yes No 2. Has this person/firm ever been a city employee? Yes No 3. Does this person�rm possess a skill not normally possessed by any current city employee? Yes No Explain all yes artswew on separate sheet and attach to green sheet. i Initlating Probiem, Issues, Opportunity (Who, What, When, Where, Why): ' The SaSnt Paul Police will pacticipate in the OCDETF with the United States Department of Justice from December 4, 2008 fluough I September 3Q 2009. Auffiorizarion is needed. � Ativanta9es !f Approved: j The Saint Paul Police Department wi11 participate in the above menrioned federal task force with other federal and local agencies. Disadvantages If Approved: None. �r �% Disadvantages If Not Approved: The Saint Paul Police Department will not participate in this fedezal task foxce. TotafAmountof $� Q,000.0 � Transaction: Fundiny so�rce: United States Department of Justice Financial Information: (Explain) 26-JAN-09 � ', Assign ' Number � I Por � Routing � Order � CosURevenue Budgeted: Activity Number. 001-04000 � ; � - February 25, 2009 1:29 PM Page 1 . GS 3066360 ORGAPiI2ED CRIME ARUG ENFORCEMENT TASK FORCE5 /�g �� A �r eement FOR TE� USE OF TF� STATE AND LOCAL OVERTIME AND AUTHORIZED EXPENSE f STRATEGIC II�IITIATIVE PROGRAM Federal Ta3c Idenfification #: _41-60005521 DC #: Amount Requested: $ 10,000 Number of Officers Listed: From: i�_p4 ���R Beginning Date of Agreeme�t To: 9-30-2009 Ending Date of Agreemeni State or Local Agency Sgt. Ken $3SS Nazcotics Supervisor: Te�ephone Number: 651-775-2345 E-mail Address: kenne I sass ci stoaul mn us Far Number: 651-256-9494 Sponsoring Federal Agency(ies): �� OCDETF Invesrigation / Strategic Initiative Number.GL-__��� Federal Agency Investigation IJ-07-0110 Number: State or Local Agency Name and Address: St. Paul Police Department 367 Grove cr ua��-�,� «�91 Sponsoring Federal Agency GS F Del Re Group/Squad Supervisor: Te�ephone Number: 612-344-4137 frank.del.re2(a�ci stpaul mn us E-mail Address: Please provide the name, telephone number and e-mail address for the administrative or financial staff person at the State or Locai agency, who is directly responsible far the billings under this Reimbursement Agreement: Name: An ela Anderson Telephone Number: 651-266-5540 E-mail Address: angela.anderson@ci.stpaul.mn.us F� Number: 651-266-5908 A�eement (Oct. 08), Page 1 O�-��� This agreement is between the above named State or Local law enforcement agency and the Organized Crune Drug Enforcement Task Forces (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, sponsoring Agency Regional OCDETF Coordinator, and the Assistant United States Attorney Regional OCDETF Coordinator. 1. It is agreed that the State or Loca1 law enforcement officers named on this agreement will assist in OCDETF investigations, 5trategic Initiatives and prosecutions as set fOY�l 1R �1C OT'�87717.e[� �'.nmP Tlnia Fnfn.rA.,,o,.t T�,.L �,._.,,.,, n._._ ___ � r_ ., 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 or Strategic Initiative in a single fiscal year may not exceed $30,000 without express rior approval from the OCDETF Bxecutive 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 no more than six (6) 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 Regiona7 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 automatically 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 memorandum idenhfymg the amount to be deobligated be subrnitted to the OCDETF Executive Office within five (5) working days of determining that no work is being performed. 5. The State and Locallaw enforcement agency is to provide monthly billing estimates or activity upon request. 6. The State or Local law enforcement agency agrees to provide experienaed drug law enforcement officers who are identified in this agreement to work on the specified OCDETR investigation or Strategic Initiative. Any change in law enforcement officers assigned must be agreed to by all approving officials. 7. Officers who are not deputized shall possess no iaw enforcement authority other than that conferred by virtue of their posrtion 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 deputaUon. Agreement (Oct. OS), Page 2 2 �� �� � 9. Any State or Local officers assigned to an OCDETF investigation or Strategic Initiative 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 or Strategic Initiative. 10. OCDET`F and the sponsoring Federal law enforcement agency{ies) for the approved OCDETF investigation or Strategic Initiative wi11 provide to the assigned State/Local officers the clerical, operational and administrative support that is mutually agreed to by the parties to this agreement. 11. Officers assigned to OCDETF investigations or Strategic Initiatives must wark full- time on the investigatian(s) or Strategic Ini6ative(s) in order to be paid overtime. In order to satisfy the "fu11-fime" requuement, a law enforcement officer must wark forty (40) hours per week or eigl�t (8} hours per day on a single or multiple OCDETF investigation(s) or Strategic Initiative(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 pazent State or Local agency must pay the base salary of its officers. In the event officers must work overtime on an OCDETF investigation or Strategic Initiative, 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 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 Coardination Crroup 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 per£ormed ($16,328.75 for FY2009). The State ar Local agency is responsible for ensuring that this annual payment is not exceeded. The field office of the sponsQring Federal agency and the sponsoring Agency Regional OCDETF Coordinator also will monitor these payments. 14. The overtime log must be attached to the reimbursement request when submitting the monthly lnvoices. The Sponsoring Federal Agency Supervisory Special Agent and the State or Local official authorized to approve the Reimbuxsement Request must certify that only authorized expenses aze 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 ar Local agency charge any indirect costs for the administration or implementation of this agreement. Agreement (Oct. 08), Page 3 d�-��y 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 accounring principles to facilitate inspection and auditing of such records and accounts. 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 Comptrolier General of the United States, andlor 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. 50.3 (1991)) relating to discnmination 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 far outstanding obligations shall be received by OCDETF within thirty (30) days of the notice of termination. 20. The Debt Collection Ixnprovement 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, a11 OCDETF reimbursement payments will be issued via EFT. AIl participating State and Local agencies must complete and submit the at[ached 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 O�ce may make exceptians for agencies that are unable to accept this form of payment, however, such agencies must include written justification in the addendum of each new agreement. 2l. 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 AUSA Regional OCDETF Coordinator or designee must initial all funding changes. 22. The Regional Coordination Group is responsible for identifying and implementing any additional policy requirements, as needed, for its specific region. Those regional policies will be documented in the Addendum B and attached to the approved Agreement. The Agencies are agreeing to adhere to these additional requirements and must have written approval by the Regional Coordination Group for any exceptions to the regional policies. Agreement (Oct. OS), Page 4 D�i��v 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 Fedexal agency and the State or Local law enforcement agency. They aze, therefore, subject to modification by OCDETF based upon the progress and needs of the OCDETF investigation or Strategic Initiative. Additionally, resources are contingent upon the availability of funds per the approval and signature of the AUSA Regional OCDETF Coordinators obligating authority. The OCDETF Executive Office will verify and accept that ail the terms and conditions of the agreement have been met. Approved By: Authorized State or LocalOffi� Approved By: i' Sponsarirag Federal.A ency Spe �__— Approved By: Sponsordng Agency Reglonal Ot Approved By: Assistant United States Attorney Funds aze encumbered for the 5xa 1 Strategic Initiative Programs sp�t�`ed a Accepted By: l OCDETF Executivs Office J �r Approved By: f , Saint Paul ` ' Attrn,ne"y_,_- � Approved By: � Director, Financial Services �I Title _,_--- --�. � zl �Igent an Charge or Designee �ETF Coor�t � ,/" i ��al OCDETF Coordinato lLoca] Agency overtime c �e. Subject to availabili Date Date Ucrte Date Date Date s and authorized expense of funds. Date Agreement (Oct. 08), Page 5 d�-�� � ORGAIVIZED CRIME DRUG ENFORCEMENT TASK FORCES STATE OR LOCAL LAW ENFORCEMENT OFFICERS ASSIGNED TO PARTICIPATE IN THE STATE AND LOCAL OVERTIME AND AITTHORIZED EXPENSE / STRATEGTC INITIATIVE PROGRAMS State or Local Agency: St. Paul Police Department OCDETF Invesrigation / Strategic Initiative Number: GL- MN-0169 The iaw enforcement officers listed below will assist with the above identified OCDETF investigation or Strategic Initiative. Any modification of the list of law enfarcement officers must be agreed to in writing by all of the parties to this Agreement, made a part of the Agreement, and forwazded to the OCDETF Executive Office. NAME TITLE/RANK DOB 1. Jenrufer Corcoran O�cer 2. Anthony Soencer Officer � 3. Phuone Chun� Officer � 4. Kevin Moore Sereeant � 5. Tracv Henrv O�cer � 6. 7. � 10 Agreement (Oct. 08), Page 6