09-717Council File # �/ �/
GreenSheet# /
RESOLUTION
CITY
PAUL, MINNESOTA
Presented by
�0
1 RESOLVED, that the City of Saint Paul, Police Department, is authorized to enter into Organized Crime
2 Drug Enforcement (OCDETF) agreements with the United States Departrnent of Justice for the period of
3 January 1, 2009 through December 31,2009 to participate in any Federal Bureau of Investigation or Drug
4 Enforcement Agency task force operations far this period. A copy of said agreements are to be kept on file
5 and on record in the Office of Financial Services.
of.
Adoption Certified by Council Secretary
By: bcKSO/J
Approved yo : Date � L �
By:
Approv Ci Att�rney � � -
By:
Approved y ayor for Submission to Council
BY �Gi.�t,C� 9El/1 p u?t ir.,c'�
Adopted by Council: Date ��Q'��d�
o9-n� �
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
PD - I OS-JUN-09 � Green Sheet NO: 3071397
� Confact Person & Phone:
�� Chief John Harrinpton
; 266-5588
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Must Be on Courtcil Agenda by (Date):
'', Doa Type: RESOLUTION �
�
� A55ign
i Number
For
+ Routing
I Order
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� E-Document Required: Y � I
' Document CorHact: Evette Srarver ' � .
� Contad Phone: 266-5541 j i
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��� ToWI # of Signature Pages 1(Clip All Loeations for Signature)
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, Action Requested:
DeDartment SeMTOPerson Initial/Date �
0 �Gce DeQartm _ � Potice Deparlment ' _ �
7�gotiee Department _ J ' f Police Depar(ment i
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3
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6 iPolice Deoartment ____I'� PWice Deoartment i ',
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Signatures on the attached council resolution authorizing the City of Saint Paul, Police Department, to enter into Organized Crime
Drug Enforcement (OCDETF) ageements with the United States Deparhnent of Justice for the period of January 1, 2009 through
December 31, 2009 ` ` a��T" "
... _ ,,�` w
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/firm ever worked under a contract for ihis department?
Yes No
2. Has this person/firm ever been a ciry employee?
Yes No
3. Does this person/firm possess a skill not normally possessed by any
current ciry employee?
Yes No
Explain all yes answers on separate sheet and attach to green sheet.
__-___.. ___-_._..________ __-- --__ _-�- -.___. _ ____ ___-__ -�
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): I
The City of Saint Paul Police Departrnent wishes to enter into OCDETF agreements upon receipt of such agreemenu during the period i
of January 1, 2009 through December 31, 2009. Authorizarion is needed. �
I
�--- � �-- - - � - - -� -- --------- ------- --
'i AdvanWges If Approved:
; The Saint Paul Police Department will be able to enter into agreements with the United States Deparhnent of Juslice in a timely
�� manner to participate in the Organized Crime Drug Enforcement Task Force.
' - ---- - --------- - - - - -- --------- --------- -
i Disadvantages If Approved:
; None.
DisativanW ges If Not Approved:
The Saint Paul Police Department will not be able to enter into the agreements with the United States Justice Department for
participa6on in the Organized Crime Drug Enforcement Task Force in a timely manner.
TotalAmountof VBri011S
Transaction:
Fund�n9 source: United States Department of
Justice
Financial Information:
(Explain)
CosURevenue Budgeted:
Activiiy Number. 001-04000
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June 9, 2009 11:06 AM Page 1
GS 071397
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ORGAIVIZED CRZME DRUG ENFORCE_MENT S FOR
A '--
FOR TF� ItSE OF'1'HE STATE Ai�ID LOCAL
OVERTllvIE AND AUTHORIZED EXPENSE / STRAT`EGIC INITIATIVE
PROGR.AM
Federal Tax Identification n: ��� - ��GC��S � DC n:
Amount Requested:
$ l� ��O
Number of Officers Listed: �
From: �� "- � - �GC !�
Beginning Date of Agreement
To: 9-30-2009
Endmg Date of Agreement
State or Local Agency n
Narcotics Supervisor: �� f �. -/�% ��f «
Telephone Number: �c S�' 7 7r'o7 � y�
E-mailAddress:l�CN+��'�� ° S�Sj�� �6•
$'T , , =�t.v , u S'
Fax Number: 6-S -,,� /�-� �/�
OCDETF Investigation / Strategic Initiative
Number:GL- ✓'/1 �- G!�'f�
Federal Agency Investigation
Number: i��/-} 2' i - G�7 - G/ 7aZ
State or Local Agency Name and Address:
S�'l' /�.�c�'L �� %i C 1�2t`(�T
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Sponsoring Federal Agency
Group/Squad Supervisor. t��.-.� -�'H ^+� pi /QE.
TelephoneNumber: ��� "�7 ��" ��� � 7
E-mail Address:-�9 �� •�� �' %1 e� F�%
Sponsoring Federal Agency(ies):
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: ,f��(-"�/A �.�'��/�<cs�.
Telephone Number: L S/-��� - SS �/G
E-mail Address: � �t � (� -�`1 �"-��'ff �^i � C! . ���"�
FaxNumber:�/- n7��� �C'�
Agreement (Oct. 08), Page 1
11
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09-717
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
wili assist in Or�anized Crime Drug Enforcement Task Force investigations and
prosecutions as set forth in the Or�anized Crime Dru� Enforcement Task Forces State
2. No individual agreement with a State or Local deparhnent may exceed $20,OOQ and
the cumulative 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 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 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. 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 wark 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 perforxned.
5. 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 are not deputized shall possess no law enforcement authority other than
that confened by virtue of their position 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 deputation.
9. 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 viriue of their participation in the investigation.
Agreement (Oct. 06), Page 2
09-717
10. OCDETF and the sponsoring Federal law enforcement agency(ies) for the approved
OCDETF investigahon will provide to the assia ed State/Local officers the clerical,
operational and administrative support that is mutually agreed to by the parties to this
agreement.
ll.Officers assi�ed to OCDET`F investigations must work full-time on the
investigarion(s) in order to be paid overtune. In order to satisfy the "full-time"
requirement, a law enforcement officer must work forry (40) hours per week or eight
(8) hours per day on a single or multiple OCDETF investigation(s). Any established
exceptions or waivers to this definition shali 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 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 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 thiriy (30)
days of the close of the month in which the overtime was worked.
12. Analysis of reimbussement 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 Coordinatar 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 inspection and auditing of such records and accounts.
Agreement (Oct. 06), Page 3
09-717
17. The State or Local agency shall permit exatnination and auditing by representatives
of the OCDETF Program, the sponsoring Federal agency(ies), the U.S. Departinent
of Justice, the Comptroller General of the United States, and/or any of their duly-
authorized agents and representarives, of any and al1 records, documents, accounts,
invoices, receipts, or expenditures relating to this agreement.
18. The State or Local agency wi11 comply with Title VI of the Civil Rights Act of 1964
and all requirements applicable to OCDETF a�eements pursuant to the reb lations
of the Department of 7ustice see e�¢., 28 C.F.R. Part 42, Subparts C and G; 28
C.F.R. 50.3 (1991)) relating to discrimination on the �ounds of race, color, sex, age,
national origin ar handicap.
19. This agreement may be terminated by any of the parties by written notice to the ofher
parties ten (10) business days prior to terinination. Billing for outstanding obligations
shall 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 are unable to accept this
form of payment, however, they must include written justification in the addendusn
of each new agreement.
21. Ail 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 OCDETF AUSA Coordinator or
designed must initial all fiuiding changes.
Agreement (Oct. 06), Page 4
09-717
This an eement is not a contract or obligation to commit Federal funds in the maximum amounts
projecfed. Funding allocations for fhe time period set forth and agreed to herein represent
projecrions only and are based upon consultation between the sponsoring Federal agency and the
State ar Local 1aw enforcement agency. They are, therefore, subject to modification by
OCDETF based upon the progress and needs of the OCDETF investigation. Additionally,
resources aze 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: � �
thorized S a e or ocal
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Approved By '
pon�dring eder IAgen �
Approved By: �
Agent in Charge or
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Date
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e ate
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Approved By� � �6f"� `°'� 1 �. ����� �.m - -- � a,
JAN � 200�
Regianal Assistant United States Attorney OCDETF Caordinator 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 Off ce
City�.ttorney
tor,
Agreement (Oct. 06), Page 5
es ����_c.���
Date
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Date
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Date �
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09-717
ORGANIZED CRIME DRUG ENFORCENIENT TASK FORCES
STATE OR LOCAL LAW ENFORCEMENT OFFICERS
ASSIGNED TO PARTICIPATE IN THE STATE AND
LOCAL OVERTIl9E A1vD AUTHORIZED EXPENSE PROGRANd
State or Local Agency: St Paul MN Police Department
OCBETF Investigation Number: GLMN 0196
The law enforcement o�cers listed below will assist with the above identified
OCDETF investigation. Any modification of the list of iaw 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.
NAME
1. Larry Sandell
2. Tim McCarty
3. Mark Neison
4. Mike Meyer
5. Tim Hale
TITLE/RANK
Sergeant
Sergeant
Officer
Officer
Officer
DOB
9-29 f� � �
9-11- ���' �
6-20 � �l � �'
8-5- � �1 ��
10-16 1 �j � J
Agreement (Oct. 06), Page 6
09-717
GREAT LAKES REGION ADDENDUM A
Definition of "Full-Time Participation" Exemption
The "full-time" rule states:
Officers assigned to OCDETF investigations must workfull-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 single or multiple OCDETF investigation(s).
Any established exceptions or waivers to fhis definition shall be requested by
the Regional Coordination Group and attached as Addendum A to the
Agreement.
In paragraph I(9) of the Agreement approvai section, there is an exception ailowed for the
"State or 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 of narcotics 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 regular 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. 08), Page 7
09-717
Addendum S
Identification of Additional Policy Reguirements
GIZEAT LAKES REGION ADDENDU�IVI B
A reimbursement form must be submitted each month, even if the amount is zero.
Agreement (OcT. 08), Page 8
09-717
ACH VEIV�OR/!VIISCELLANEOUS PAYMENT
ENROLLMENT FORiVI
PEiI�E/C�n'�ANY L1��RM[1TIDiv (Include State and Local agency name as written on agreement cover
Name: C j� c� S� 9 vG -�o /it.e l.7-ePft �f rh en.f
Address: ?r � / �I�.�.n_
TaxpayerIDNumber: �//- �GOSSo?�
Contact Person Name: Cy�N /� � r�(I Telephone Number: � r �(� (�
iNSTTTUTION INFORMATION
Bank Name: (/.
Nine-Digit ABA Routing Transit
Denositor Account Number. .
of Account:
Please retum with the Reimbursable Agreement
wt /.fr/i-//OS=
The Debt Collectio� Improvement Act of 1996 requires that most payments made by the Federal govemment,
including vendor pa}rznents, must be made by electronic funds transfer (EFT). A benefit of receiving payments by
EFT is that your funds aze d'uectly deposited to your account at a fmancial institution and are available to you on the
date of payment.
If you have any question regarding the delivery of remittance information, please contact the financial institution
(bank) where your account is held.
If you have any question on the completion of this form, please contact Keith Matthews, EFT Coordinator, 202-307-
2042
To inquire about a bill please contact: http'/Ifmsapps treas.qov(paid/PAIDfaq asp
Agreement (Oct. 06), Page 8
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U.S. Department of Justice
United States Attorney
Organized Crime Drug Enforceme�t Task Forces
Great Lakes Region
219 S. Dearbom
SuRe 500
Chirago, IL 60604
312353-5300
Fax 312-886-3502
Sgf. Ken Sass December 31, 2008
St. Paul Police Department -
367 Grove
St. Paul, MN 55101
Subject: Organized Crime Drug Enforcement Task Forces (OCDETF) State and Local Overtime
and Authorized Expense Agreement for Fiscal Year 2009
Dear Sgt. Sass:
The Great Lakes Region OCDETF Regional Coordination Group has approved an OCDETF Agreement for the
St. Paul PD under the following terms:
OCDETF Case #:
Dates of the Agreement:
Law Enforcement Sensitive
GL-MN-0196 ICE BEAR
10/01/2008 through 09/30/2009 (Fiscal 2009)
Funding Amount: $ 15,000.00
Sponsoring Federal Agency: DEA
At no time should your State or Local agency exceed the approved funding noted above.
"Please note that the approved funding amount may be less than the amount originaily submitted to the
Regional Coordination Group.
Initial funding allocations represent projections only and therefore are subject to modification by the
Regional Coordination Group based upon the progress and needs of the OCDETF investigation. Federal
government accounting policy requires all open obligations be reviewed and validated at the end of each
quarter; therefore if no costs have been incurred within 90 days of the date of the agreement all funding
could automatically be de-obligated unless an extension has been requested and has been granted in
writing by the sponsoring Agency Regional OCDETF Coordinator.
If additional funding or agreement modifications are necessary, a written request must be submitted by the
sponsoring Agency Regional OCDETF Coordinator to the Assistant U.S. Attorney (AUSA) Regional
OCDETF Coordi�ator rp ior to incurring any overtime and/or expenses. The sponsoring Federal agency
and State or Local agency will be notified in writing on the status of the request. Any supplemental funding
wiil be continqent upon availability of funds.
o9-�i�
Law Enforcement Sensitive
OCDETF Agreement for Fiscal Year 2009
A reimbursement request will not be deemed "submitted" unless it is completely and accurately prepared.
Reimbursement requests must be submitted within 30 days of overtime worked. The requests must be
approved and signed by the sponsoring Federal agency prior to being forwarded to the U.S. Attorney's
office. All requests wifhout tfie proper signatures will be returned. Approved funds that do not have
properly submitted reimbursement requests submitted on a timely basis will be de-obligated by the
committee to meet other financial responsibilities.
The State or Local agency is responsible for ensuring and monitoring overtime payments. These payments
may not, on an annual per person basis, exceed $16,328.75 (increased to 25% of a GS-12 Step 1 Federal
salary rate in effect for fiscal year beginning October 2008). The field office of the sponsoring Federal agency
and the sponsoring Agency Regional OCDETF Coordinator will also monitor these payments, as stated in
section 13 of the agreement. Without approval from the Regional Coordination Group and the grant of
a waiver from the OCDETF Executive Offce in Washington D.C. an agency may not be reimbursed in
excess of $20,000.00 on any OCDETF investigation in a given year.
Reimbursement requests which are not submitted for payment in a timely manner are subject to
availability of funds.
If you have any questions, please do not hesitate to contact your sponsoring Agency
Regional OCDETF Coordinator Gary Boertlein at 312-886-1316.
Very truly yours,
Patrick Fitzgerald
United States Attorney
c
Matthew ch eider
OCDETF Coordinator
Great Lakes Region