10-111Councit File # � j
Green Sheet #3093958
RESOLUTION lD
CITY OF SAfNT PAUL, MINNESOTA
Presented by
1 RESOLVEA, that the City of Saint Paul, Police Department is authorized to enter into Organized Crime
2 Drug Enforcement (OCDETF) agreements with the United States Department of Justice for the period of
3 January 1, 2010 through December 31, 2010 to participate in any Federal Bureau of Investigation or Drug
4 Enforcement Agency task force operations for this period. A copy of said agreements are to be kept on file
5 and on record in the Office of Financial Services.
Bostrom
Carter
Harris
sr�rx
Thune
Adopted by Council: Date
By:
�
Adoption ' d by Counc I, ecretary By;
�
Approve yMa or: ate . .� ��a
By:
City Attorney
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� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
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DepartmeMlOfficelCouneil: � Date Init7ated:
Pp Po,��BflePartme�t 0.4JpN2010 Green Shee NO: 3093958
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-�-^� Departrnent SeMTOPerson InifiallDffie ,
ConWCt Person & Phone: � ' � _ -- - _ _ _ �
ChiefJohn Harrinqton o Pol,ceoepartmene _ =ea�iceDepa_rqne❑t
266-5588 1 PoLce Department __ = Pohce DeQartmeM ___. _/
_ _ _ _ _ _ _ _ _ _ , pgsi9n 2 C� Attorne _ _._ _ _ _ C�AKOrneY -. � _
Must Be #n,�o u(tcil A enda b Date : � Number ty �� �
_ �...j/� ( / 71 _ _ Y t _ 1 _ _ _ _: For , 3 �nancu9t Servmes _ _ Director FSO _ _ __ _
`� (� �/ U � Routing 4 JYIaYOr s Office Mayor _
�� REEOLUTION Order �� 5 Coaacd Counc�I _
DoC.7ype' i b Cit�Cluk____ __ __.-__ _� _ _- _C�i�Clerk_ _ ' ,
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_ _ _. . - —___ ._.- - ,_ _ _� ,
" - � '� 7 goUceDe�artment __ . . _ Police Denarm�ent _ _ _ _ _ __
E-Document Requiretl: Y �
Document Contact: Evette Scarver ', � ,
Contad Phone: 266-554t ��, �'
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Total # of Signature Pages _ lClip All Locations for Signature)
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' Action Requested: i
' Signatures on the attached council resolution authorizing the Ciry of Saint Paul, Police Department to entec into Organized Crime
I Drug Enfoxcement (OCDETF) agreements with the United States Depariment of Justice for the period of January 1, 2010 t3uough i
December 31, 2010. '
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� Recommendations: Approve (A) or Reject (R): � Personat Service GonVacts Must Answer the Following Questions: '
� Planning Commission i 1. Has this person/firm ever worked under a conhact for this department? ��
� CIB Committee Yes No I
Civil Service Commission � 2. Has this person/firtn ever been a city employee? �
Yes No �
�, 3. Dces this personlfirm possess a skill not normally passessed by any I
� � cument citY empbyee� _ �
� Yes No
� � E�cplain a41 yes answers on separete sheet and attach to green sheet. ,�
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, Initiating Problem, issues, OppoRUnity (Who, What, When, Where, Why):
' The City of 5aint Paul Police Department wishes to enter into OCDETF eements u on recei t of such a eements durm the eriod I
i of January 1, 2010 through December 31, 2010. Authorization is needed. I
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I r
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Advantages If Approved: �
The Saint Paul Police Depar[cnent will be able to enter into agreements with the United States Deparhnent of Justice in a timely I
manner to participate in the Organized Crime Drug Enfoicement Task Fotce. I
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' DisadvantageslfApproved:
i None. !
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'� Disadvantages If Not Approved: �
�� The Saint Paul Police Department wIll not be able to enter into the agceements with the United States Deparhnent of Tustice foz �
, participation in the Organized Crime Drug Enforcement Task Force in a timely manuer. '�
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�� � Total Amount of CpsNRevenue Budgeted: '� �� i
Transaction: 436-34230 •-�����
' United States DepaRment of pc�ivtty Number: ��
', Funding Source: �i
, Justice ��� � y ;
� Flnancial Information: U�� B� i
(Explain) i
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January 4, 2010 8:09 AM Page 1
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ORGANIZED CRIME DRUG ENFORCEMENT TASK FORCES /� �(( f
! �
Agreement
FOR THE USE OF THE STATE AND LOCAL
�VERTIME AND AUTHORiZED EXPENS� / STRA TEGIC INITIATIVE
PROGRAM
Federal Tax Identification #:
Amount Requested:
$15,000
Number of Officers Listed: � � �
From: December 1 2009
Bea muno �ate of Ag�eement
To: September 30, 2010
Endina Date of Aa eement
State or Loca! Agency
Narcotics Supervisor: CDR Kathp Wuorinen
Telephone Number: 651-266-5888
E-mail Address:
Fax Number:
kathv.wuorinen C� ci.stpaul.mn.us
651-266-9494
Dc�:
OCDETF Investigation / Strategic Initiative
Number: GL-MN-0026
Federal Agency Investigation
Number: T.i�09-0107
State or Locai Agency Name and Address:
St. Paul Police
367 Grove
St. Paul, MN 55101
G/S
Sponsodng Federal Agency Michael D.
QrouplSquad Supervisor: Rothermund
Telephone
Number: 612328-1850
E-mail Address: Michael.D.Rothermund@usdo
Sponsoring Federal Agency(ies): Drug Enforcemene Adminisuauon
Please provide the name, telephone number, e-mail address, and fax number for the
administrative Qr financial staff person at the State or Local agency, who is directly responsible
for the billings under this Reimbursement Agreement:
Name: An�ela Anderson
Telephone Number: 651-266-5540
E-mail Address: angela.anderson@ci.stpaul.mn.us
Fax Number: 651-266-5908
41-60005521
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This a,�reement is between the above named State or Local ]aw enforcement agency and the
Organized Crime Dmg Enforcement Task Forces (OCDETF) Frogram. This agreement shall be
effective when signed by an authorized State or Local agency official, the sponsoring Federal
Agency Special Agent-In-Charge, the sponsoring Agency Regional OCDETF Coordinator, the
Assistant United States Attomey Regional OCDETF Coordinator, and the OCDETF Executive
Office.
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 OCDETR
Executive Office. The OCDETF Executive Office will entertain requests to exceed
these funding levels ln 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 no more than six (6) modifications
per year. Tn addition, if the funds for a particulaz 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 Reoional
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 lonner performing work under a particular Agreement, the State and
Local Overtime Procedures Manual requires that a modification memorandum
identrfying the amount to be deobligated be submitted to the OCDETF Executive
Office as soon as possible after determining that no work is being performed.
5. The State and Local law enforcement agency is to provide monthly billing estimates
or activity upon request.
The State or Local law enforcement agency agrees ta provide experienced drug law
enforcement officers who are identified in this agreement to work on the specified
OCDBTF investigation or Strategic Initiative. 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 conferred 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.
Agreement (Oct. 09), Page 2
It is agreed that the State or Local law enforcement officers named on Chis agreement
will assist in OCDET'F investigations, Strategic Initiarives and prosecurions as set
�o-��f
9. Any State or L,ocal officers assigned to an OCDETF Investigation or Strategic
Initiative in accordance with this agreement are not considered Federal employees
and do not take on the benefits of Federal employmenC by virtue of their participation
in the investagation or Strategic Initiarive.
10. OCDETF and the sponsoring Federal law enforcement agency(ies) for the approved
OCDETF investigation or Strategic Initiative will provide to the assigned StatelLocal
officers the clerical, operational and administrative support that is mutually agreed to
by the parties in this agreement.
11. Officers assigned tQ OCDETF investigations or Strategic Initiatives must work fu11-
t3me an the investigation(s) or 5trategic Initiative(s) in order to be paid overtime. In
order to satisfy the "full-time" requiremenC, a law enforcement officer must work
forty (40) hours per week or eight (8) hours per day on a single or multiple OCDETF
invesCigation(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 an OCDETF
investigation or Strategic Initiative, the OCDETF Program will reimburse the parent
State or L,ocal law enforcement agency for a limated 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 compleCe 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
[he close of the month in which the overtime was worked.
12. Analysis of reimbursement claims by the Regional Coordlnation 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 receive
a memo notifying them of the changes.
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 tlme the overtime is
performed. The State or Local agency is responsible for ensuring that this annual
payment is not exceeded. The Executive AssistantlOCABTR Program Specialist will
monitor these payments via MTS and communicate to the Federal Agency Regional
OCDETF Coordinators who provide status updates to any officer approaching the
threshold.
14. The overtime log must be attached to the reimbursement request when submittino the
monthly invoices. The Sponsoring Federal Agency Supervisory Special Agent and
the State or Local official authorized to approve the Reim6ursement Request must
certify that only authoriZed expenses are claimed, the regular hours requirement is
satisfied, and that overtime has not exceeded 25% of the current Federal salary rate
in effect at the time the overtime was worked.
Agreement (Oct. 09), Page 3
l6�ii �
15. Under no circumstances will the State or I.ocal agency charge any indirect costs for
the administration or implementation of this agreement.
16. The State or Local agency shall maintain compiete 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 pernut examination and auditing by representatives
of the OCDETF Program, the sponsoring Federal agency(ies), the U.S. Department
of 7ustice, the Comptroller 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 Failure to provide
proper documentation will limit State or Local law enforcement agencies from
receiving OCDETF funding in the future.
18. The State or Locai ageney 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, �, 28 C.F.R. Part 42, Subparts C and CC; 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
pareies ten (10) business days prior to termination. Billing for outsGanding obligationa
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
paymentis 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 may make exceptions 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.
21. All changes made to the oria nal agreement must be approved by the OCDETF
Executive Office and initialed by the Executive AssistanUOCDETF Program
Specialist 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 additiona] policy requirements, as needed, for its specific region. Those regional
policies will be documented in the Addendum B and attached to the approved
A�reement. 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. 09), Page 4
4
�a-�11
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 hased upon consoltation between the sponsoring Federal agency and the
State or Loca1 Iaw enforcement agency. They are, therefore, subject to modification by
OCDETF based upon the progress and needs of the OCDETF investigation or Strategic
Initiative. Additionally, resources are conringent upon the availability of funds per the approval
and signature of the OCDETF Executive Office obligating authority. The OCDETF Executive
Office will approve and certify that all the terms and conditions of the agreement have been met.
Approved S y:
Approved By:
Approved By:
Approved Sy:
Approved By:
Approved By:
Authorized State or Local Official Title Date
Sponsoring Federal Agency Special Agsnt in Chargs or Designee Date
Sponsordng Agency Regioaal OCDETF Coordinatar
AssistanE United States Attorney Regional OCDETF Coordiraator Date
Saint Pauf Ciry Attorney
Date
Director, Financin.l Services
Date
Funds are encumbered for the State/Local Agency overtime costs and authorized
expenselStrateo c Initiative Programs specified above. Subject to availability of funds.
Funds Certified:
OCDETF Hxecutive Office
Approving Official:
OCDETF Executive Offzce Date
Agreement (Oct. 09), Pa�e
/0-��1
ORGANIZED CRIME DRUG ENFORCEMENT TASK FORCE5
STATE OR LOCAL LAW ENFORCEMENT OFFICERS
AS5IGNED TO PARTICIPATE IN THE STATE AND
LOCAL OVERTIME AND AUTHORIZED EXPENSElSTRATEGIC
INITIATIVE PROGRA,MS
state or Local agency: St. Paul Police Department
OCDETF Investigation ! Strategic Initiarive Number: GL-MN-0026
The law enforcement officers listed below will assist with the above identified OCDETF
invespgation or Strategic InitiaCive. Any modification of the list of law enfoxcement 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
TITLE(RANK
� :
1. Craig Gromek Sgt �
2.
Tim McCarty Sgt �
3. �
Mark Nelson Officer
4. �
Tim Ha1e Officer
Holter
Officar
Sand
� � Steve Anderson Sgt �
8.
James Labane Officer �
�� Paul Cottingham Officer �
10 . � Michael Herschman Offieer
Agreement (Oc[. 09), Page 6
6
Addendum A
Definition of "Full-Time Participation" Exemption
Any Other Exceptions or 7ustifications
�o-�l (
Agreement (Oct. 09), Page 7
7
�o-�ll
Addendum B
Identification of Additional Policy Requirements
A�reement (Oct. 09), Page 8
0