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09-511Council File # �� -�I I Green 5heet# RESOLUTION �� CITY QF SAINT PAUL, MINNESOTA Presented by 1 RESOLVED, that the City of Saint Paul, Police Deparhnent, is authorized to enter into the attached ageement with the United 2 States Department of Justice to participate in the Organized Crime Drug Enforcement (OCDETF) Task Force from Mazch 1, 3 2009 througJi September 30, 2009. A copy of said agreement is to be kept on file and on record in the Office of Financial 4 Services. Bostrom Carter Hazris Thune Adopted by Council: Date ��/,jf�� Adoption Certified by Counc'I Secretaxy g � � Approved by ay . D ✓�1� By: � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � v I'✓�� . �eparhnenUOffice/COUnciL � Date Initialed: � ; Pp _Police Department ; 09-APR-09 � Green Sheet NO: 3069408 Contact Person 8 Phone: Chief John Harrinqion 2665588 Must Be nn Courecil Agenda by (Date): '� Doc. Type: RESOLUTION ' E-DOCUment Required: Y i I Documen! Contact: Evette Scarver I Contact Phone: 26G5541 Total # of Signature Pages (Clip All Loeafions for Signature) Aclion Requested: � Siguatures on the attached council resolution authori2ing the Ciry of Saint Paul, Police Department, to enter into the attached � agreement with the United States Department of Justice, Orgainzed Crime Drug Enforeement Task Force (OCDETF). Recommendations: Approve (A) or Reject (R): Planning Commission CIB Committee Civil Service Commission 0 1 2 3 4 5 6 � City Clerk � PoliceDeDa�lwent i Personal Service Contracts Must Mswer the Following Questions: 1. Has this persoNTrm ever worked under a contract for this departmeni? Yes No 2 Has this person/firm ever been a city employee? Yes No 3. Does this personlfirtn possess a skill not normally possessetl by any current city empioyee? Yes No Explain all yes answers on separate sheet and attach to green sheet. Initiating Problem, issues, Opportunity (Who, What, When, Where, Why): The Saint Paul Police Department will paxticipate in the OCDETF with the United States Depaxtment of Jusrice. The Saint Paul Police Depariment will be reimbursed for overtime expenses. Authorizarion is needed to enter into the attached agreement. " Advantages If Approvetl: � The Saint Paul Police Department will participate in the above menrioned federal task force with other local agencies. � DisadvantageslfApproved: ! None. ��� � � C��9 Disadvantages If Not Approved: � ;1��� ����a c � Tfie Saint Paul Police Department wiIl not participate in t(us federaL task fome. �'� �� Totaf Amounf of $15,000.00 Tf21153CfiOR: Funainy source: United States Department of Justice Financial Information: (Explain) Activity Number: 001-04000 � j Assign i Numb2f ; For Routing �i Order i i CosURevenue Budgeted: April 9, 2009 424 PM Page 1 GS 3069408 (/ i '� � � ORGANIZED CRIME DRUG ENFORCEMENT TASK FORCES FY 2009 AGREEME\ FOR THE USE OF TAE STATE A\sD LOCAL OVERTIME AND AUTHORIZED EXPENSE / STRATEGIC INITIATIVE PROGRAM Federal Tas Identification #: 41-6005521 DC �: Amount Requested: $ I5.000.00 Number of Officers Listed: 5 OCDETF Inveshganon / Strategic Initiative Number: GL-M�-172 Federal Agency Invesrigation Number: 245 E-MP-68178 From: 03/O1/2009 Begmmng Date of Agreement To: 09/30/2009 Endmg Dafe of Agreement State or Locai Agency Narcorics Supervisor: Tma McNamara Telephone Number: 651/266-5859 E-mail Addiess: tina.mcnamara(c�ci.sroaul.mn.us Fax Number: 651/266-5484 Sponsoring Federal Agency: Federal Bureau of Investigation State or Local Agency Name and Addcess: St. Paul Police Deparhnent 367 Grove Street St. Paul, Mmnesota 5�101 Sponsoring Federal Agency Group/Squad Supervisor: SSA Steven Warfield Telephone Number: 612/282-9640 &mail Address: steven.warfield(a�,ic.tbi.aov Please provide the name, telephone number and e-mail address for the administrative or financial staff person at the State or Locat_agency, who is directly responsible for The billings under this __ ___ ___ Reimbursement Agreement: Name: Renee Mannine Telephone Number: 651/266-5859 E-mail Address: renee.mannin��cistpaul.mn.us Fax Number: 651/266-5906 Dy-�{� This ag is between the above named State or Local law enforcement agency and the Organized Crime Drug Enforcement Task Force (OCDETF) Pro�am. This a�reement shall be effective when si�nedby an authorized State or L,ocal agency official, the sponsorin� Federal Agency Special Agent-In-Charge, the sponsoringAgencyReb onal OCDETF Coordinator, and the Assistant United States Attomey Regional OCDETF Coordinator. It is agreed that the State or Local law enforcement officers named on this agreement will assist in OCDETF investigations, Strategc Initiatives and prosecutions as set forth in the Oreanized Crime Dru2 Enforcement Task Forces State and Local Overtime and Authonzed Expense / Strate�ic Initiative Pro�rams, Policies and Procedures Manual, October, 2008. 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 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. 3. 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 Regional OCDETF Coordinator ar 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 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 law enforcement agency is to provide monthly billing estimates or ac�iuityugo�-re�est. - — - ---- - 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 or Strategic Initiative. Any change in law enforcement officers assigned must be agreed to by all approving officials. Agreement (Oct. 08), Page 2 o�-�i � Officers who are not deputized 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 aze deputized may possess Federal law enforcement authority as specified by the agency affording the deputation. Any State or Local officers assigned to an OCDETF invesrigation or Strategic Initiative 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 or Strategic Initiative. 10. OCDETF and the sponsoring Federal law enforcement agency(ies) for the approved OCDETF investigation or Sh Initiative 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. 11. Officers assigned to OCDETF investigations ar Strategic Initiatives musf work full-time on the investigation(s) or Strategic Initiative(s) in order to be paid overtime. Tn order to satis�y 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 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 parent State or Local agency must pay the base salary of its officers. In the event officers must work overtime on the 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 CoordinaCion 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 Yen (10) business days in advance ofsuch modification with foilow-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 jhe sponsoring Agency Regional OCDETF Coardinator also will monitor these payments. Agreement (Oct. 08), Page 3 (Y�-�I I 14. The overtime log must be attached to the reunbursement request when submitting the monthlyinvoices. TheSponsoringFederalAgencySupervisorySpecialAgentandtheState or L,ocal 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. 1�. Under no circumstances will the State or Locai 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 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 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 Justice (see, e.�., 28 C.F.R. Part 42, Subparts C and G; 28 C.F.R. 50.3 (1991)) relaring 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 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 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 far agencies that are unable to accept this form ofpayment, however, such agencies must include written justification in the addendum of each new agreement. 21. All changes made to the originai 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 regionai 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 Regonal Coordination Group for any exceptions to the regional policies. Agreement (Oct. 08), Page 4 V 1 This a�eement is not a contract or obligation to commit Federal funds in the maacimum 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 are, therefore, subject to modification by OCDETF based upon the pro� and needs of the OCDETF investigation or Strategic Initiative. Additionally, resources aze 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 all the terms and conditions of the agre�et�t,have been met. _ Approved By: Authorized State Approved By: Official TitZe � r��e �designee / / Date / I Date ate Date id authori ed expense / funds. Date Approved By: Agerzcy Special Federal Regional Approved By: j //' As �istant Onited States Attorn y Regional OCDETF Coordinator r'� Funds are e cumbered the State/Local Agency overtime Strategic Initiati e Pro s specified above. Subject to availaC Accepted By: OCDETF Execuave Office Agreement (Oct. 08), Page 5 b�-�I ORGANIZED CRIME DRIIG ENFORCEMENT TASK FORCES STATE OR LOCAL LAW ENFORCEMENT OFFICERS ASSIGNED TO PARTICIPATE IN THE STATE Ai�'D LOCAL OVERTIME AND AUTHORIZED EXPENSE / STRATEGIC INITIATIVE PROGRAMS State or Local A�ency: St Paul Police D�artment OCDETF Investigation / Strategic Iniriative Number: GL-MN-172 The law enforcement officers listed below will assist with the above identified OCDETF investigation or Strategic Initiative. Any modification of the list of law enforcement officers 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. i3AN1E TITLE/RANK DOB l. Richard Straka Sergeant 06/21i� 2. ChreelYang Police Officer OS/241'� 3. Charles Sims Police Officer 09/20�' 4. Detsouk Tiep Vixawonn Police Officer 09/20/� 5. Trac Lvnn Henrv Police Officer 12/8� 6. . _._ __ 7. 8. 9. 10. Agieement (Oct. 08), Page 6 b� ���( ( GREAT LAKES REGION ADDENDUM A Definition of "Full-Time Participation" Exemption The "full-rime" rule stafes: Officers assigned to OCDETF investigarions 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 (8) hours per day on a singJ e or mulriple OCDETF investigation(s). Any established exceptions or waivers to this definition shall be requested by the Regionai 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 "SYate oi' local officers unable to be assigned to an OCDETF investigation on a full-time basis," when an exception is granted by the OCDETF coordination group. Given the size ofnarcotics units in some of the departments in this Region and the increasing 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 regulaz time on the OCDETF investigation are excluded from this ratio calculation. Any Other Exceptions or Justifications - must be submitted in writing and approved by the Regional Coordination Group. Agreement (Oct. OS), Page 7 o�i�� � Great Lakes Addendum B Identification of Additional Policy Requirements A reimbursement form must be submitted each month, even if the amount is zero. Agieement (Oct. 08), Page 8