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Resolution No. 2012-222RESOLUTION NO. 2012-222 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND AUTHORIZING THE EXECUTION OF AN AGREEMENT BY AND BETWEEN THE CITY OF VERNON AND THE ORGANIZED CRIME DRUG ENFORCEMENT TASK FORCES REGARDING REIMBURSEMENT FOR OVERTIME AND OTHER AUTHORIZED EXPENDITURES FOR FISCAL YEAR 2012-2013 WHEREAS, the City Council of the City of Vernon desires to enter into an Agreement,with the Organized Crime Drug Enforcement Task Forces ("OCDETF"), regarding the State and Local Overtime and Authorized Expense/Strategic Initiative Programs (the "Program"); and WHEREAS, OCDETF is a federal drug enforcement program in the United States, overseen by the Attorney General and the Department of Justice; and WHEREAS, the objective of the Program is the disruption of major drug trafficking operations and related crimes, such as money laundering, tax and weapon violations, and violent crime; and WHEREAS, the Program provides funding to local law enforcement agencies to cover expenses related to OCDETF investigations, including the reimbursement of overtime costs and authorized travel and per diem expenses; and WHEREAS, the Police Department has a Detective assigned to the Southwest Borders Initiative ("SWBI"), which is -operated by members of the Drug Enforcement Administration ("DEA"); and WHEREAS, members of the SWBI often conduct specific narcotic investigations that are funded by the OCDETF which allows the Police Department to submit for reimbursement of overtime costs for OCDETF related cases as well as authorized travel and per diem expenses, up to $25,000.00 for each fiscal year; and WHEREAS, by memo dated October 23, 2012, the Police Department has recommended that the City enter into an agreement with OCDETF for reimbursement of authorized overtime and travel/per diem expenses incurred in connection with OCDETF program investigations. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: SECTION 1: The City Council of the City of Vernon hereby finds and determines that the recitals contained hereinabove are true and correct. SECTION 2: The City Council of the City of Vernon hereby .approves the Agreement with the Organized Crime Drug Enforcement Task Forces for the State and Local Overtime and Authorized Expense/Strategic Initiative Programs, in substantially the same form as the copy which is attached hereto as Exhibit A. SECTION 3: The City Council of the City of Vernon hereby authorizes the Interim Chief of Police,'or his designee, to execute said Agreement for, and on behalf of, the City of Vernon and the Interim City Clerk is hereby authorized to attest thereto. SECTION 4: The City Council of the City of Vernon hereby instructs the City Administrator, or his designee, to take whatever actions are deemed necessary or desirable for the purpose of implementing and carrying out the purposes of this Resolution and the transactions herein approved or authorized, including but not limited to, any non -substantive changes to the Agreement attached herein. SECTION 5: The City Council of the City of Vernon hereby directs the Interim City Clerk, or the Interim City Clerk's designee, to send a fully executed Agreement to OCDETF. - 2 - SECTION 6: The City Council of the City of Vernon finds that this action is exempt under the California Environmental Quality Act (CEQA), in accordance with Section 15061(b)(3), the general rule that CEQA only applies to projects that may have an effect on the environment. 'SECTION 7: The Interim City Clerk of the City of Vernon shall certify to the passage, approval and adoption of this resolution, and the Interim City Clerk of the City of Vernon shall cause this resolution and the Interim City Clerk's certification to be entered in the File of Resolutions of the Council of this City. - APPROVED AND ADOPTED this 6th day of November, 2012. Name: William J. Davis tATTES iJ Dana Veed, Interim City Clerk Title: Mayor / _3_ STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, Dana Reed, Interim City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 2012-222, was duly passed, approved and adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Tuesday, November 6, 2012, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this day of November, 2012, at Vernon, California. (SEAL) Dan Re d, Interim City Clerk - 4 - Organized Crime Drug Enforcement Task Forces State and Local Overtime and Authorized Expense/Strategic Initiative Programs Policies and Procedures Manual Fiscal Year 2013 Executive Office for the Organized Crime Drug Enforcement Task Forces Organized Crime Drug Enforcement Task Forces State and Local Overtime and Authorized Expense/Strategic Initiative Programs INTRODUCTION: The Organized Crime Drug Enforcement Task Forces (OCDETF) Program has consistently worked in close partnership with State and Local Law Enforcement Agencies in the Investigation and prosecution of major drug trafficking organizations. Since its inception in 1982, OCDETF has operated a Program designed to reimburse State and Local Law Enforcement Agencies for the overtime costs of sworn Law Enforcement officers incurred while assisting in OCDETF Investigations or more recently, approved Strategic Initiatives. State and Local officers assigned to assist in OCDETF Investigations or Strategic Initiatives perform a variety of functions, including but not limited to: interviewing witnesses, conducting surveillance, performing undercover assignments, handling informant transportation and/or prisoner transportation, preparing and executing search and arrest warrants, serving subpoenas, assisting with trial preparation, and testifying at trials. The sponsoring Federal Agency is expected to provide funds for case or Strategic Initiative related travel and per diem costs by State and Local officers. In limited cases, when the sponsoring Agency is unable to do so, overtime funding may be used for this purpose. The OCDETF State and Local Overtime Fund is not to be used for equipment procurement or operational subsidies; nor is it to be used for the purchase of evidence or for confidential informant payments. Additionally, overtime and expenses for personnel other than sworn Law Enforcement officers are not permitted. The OCDETF Executive Office is the coordination and policy office for the OCDETF State and Local Overtime and Authorized Expense/Strategic Initiative Programs. The OCDETF Executive Office will coordinate and manage funding on a nationwide basis for all State and Local Agreements and Reimbursement Requests. The OCDETF Executive Office is responsible for planning, developing, and implementing the policies and procedures for the State and Local Overtime and Authorized Expense/Strategic Initiative Programs with support from the OCDETF Regional Coordination Groups and the OCDETF Agencies. There is one Regional Coordination Group located in each of the nine OCDETF Regions. Each Regional Coordination Group is located in a core -city to assist with managing the State and Local Program in that geographic region. The Regional Coordination Group is also responsible for identifying and implementing any additional policy requirements for its specific region, as needed. 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. 2 POLICIES & PROCEDURES 1. Agreement a. Single Investigation. Agreements are specific to a single OCDETF Investigation or Strategic Initiative. While a single State or Local Law Enforcement Agency may be simultaneously participating in several OCDETF Investigations or Strategic Initiatives, a separate Agreement must be executed for each OCDETF Investigation or Strategic Initiative number. b. Eligibility. An Agreement to participate in the OCDETF State and Local Overtime and Authorized Expense/Strategic Initiative Programs ("Agreement") must be completed whenever a State or Local Law Enforcement Agency plans to seek reimbursement for the overtime costs and authorized travel and per diem expenses resulting from participation in an OCDETF Investigation or Strategic Initiative. It must be carefully reviewed and understood by all approving officials. - The sponsoring Federal Agency must be a participant in the Department of Justice Assets Forfeiture Fund. c. Funding. Funds awarded to an OCDETF Region shall be allocated on a case by case or Strategic Initiative by Strategic Initiative basis, after a review of the substance and needs of each particular Investigation or Strategic Initiative. Funds shall not simply be equally divided among participating Agencies or divided based upon some pre- existing ratio. The sponsoring Federal Agency must be a participant in the Department of Justice Assets Forfeiture Fund. d: Agreement Term. Agreements are approved on a fiscal year basis. The fiscal year of the Federal Government begins on October 1 of a given year and ends on September 30 of the following year. An Agreement must fall within a fiscal year period. If there is a pre-existing active Investigation or Strategic Initiative utilizing State and Local Overtime, the Agreement should be dated from the beginning of the fiscal year (October 1) through the entire fiscal year (September 30). However, if a case is newly initiated during the fiscal year, the beginning Agreement date should accurately reflect when the case will begin using State and Local Overtime funding (beginning date of the Agreement through September 30). It is extremely important that start dates are accurate on the Agreement, as funds may deobligated if there is prolonged inactivity. e. Inactivity Deobli ations. If an Agreement does not have any activity during the last ninety (90), days from the last time a bill has been submitted or during the first ninety (90) days from the date the Agreement was signed, the funds shall be deobligated. For example, if an Agreement is dated October 1", and there is no activity by December 31", the Agreement's funds will be deboligated. The Executive Assistant/Program Specialist will run a 90 day inactivity report from MIS on a monthly basis to identify inactive Agreements eligible for deobligation. If there is justification for not deobligating funds, that should be kept on file and be available upon request. The OCDETF Executive Office will assist with the monitoring of the aging Agreements. Further, if a State or Local Agencydetermines that it is no longer performing work under a particular Agreement, a modification memorandum identifying the amount to be deobligated will be submitted to the OCDETF Executive Office as soon as possible. 3 f. Agreement Caps. No individual Agreement with a State or Local Department may exceed $25,000, 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 $50,000 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/Deputy Budget Officer when seeking to exceed the above stated funding levels. g. OCDETF Director Approval. A single OCDETF Investigation may not exceed $100,000 without written approval from the OCDETF Director. The $100,000 cap is a cumulative total from all prior fiscal years, not just funding in the current fiscal year. To receive approval to exceed this level of funding, please submit a written request including justification (generally prepared by individual with direct knowledge of case details and State & Local officer activities) from the AUSA Regional Coordinator to the OCDETF Director through the OCDETF Budget Officer. Approvals will be reviewed and granted on a case -by -case basis. h. Agreement Cover Page. All missing fields (except for the DC #) must be accurately completed before an Agreement is accepted. Please verify that all phone numbers, email addresses, and fax numbers are correct. Funding Modifications. Each Reimbursable Agreement will be allowed no more than six (6) modifications per year. If the funds fora 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 or designee and forwarded to the OCDETF Executive Office in a timely manner not to exceed thirty (30) days. The modification must be included in the Region's State and Local Agreement file and be available upon request. Full Time Requirement. Officers assigned to OCDETF Investigations or Strategic Initiatives must work full-time on the Investigation(s) or Strategic Initiative(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) 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 Local Law Enforcement Agency for a limited amount of those overtime costs.] k. Officers List. The "List of State or. Local Law Enforcement Officers Assigned to Participate in the State and Local Overtime and Authorized Expense/Strategic Initiative Program" identifies the specific State or Local officers who have been assigned to the Investigation or Strategic Initiative and are expected to be eligible to receive overtime or travel and per diem funding. Only officers listed on this form are M eligible to receive overtime reimbursement. Officers not listed on this form, submitted with the original Agreement, that seek overtime reimbursement must be approved and listed on the Notification of Change in Law Enforcement Officers Form. The change notification form must be received by the Executive Office before overtime is reimbursed. 1. Required Signatures (1) Each Agreement must be approved and signed by a State or Local Law Enforcement Agency official, who is authorized to assign the participating Law Enforcement officers to the OCDETF Investigation or Strategic Initiative; the SAC (or designee) of the sponsoring Federal Agency field office where the State or Local officers will . be working; the sponsoring Agency Regional OCDETF Coordinator; and the AUSA Regional OCDETF Coordinator. (2) When an OCDETF Investigation or Strategic Initiative involves more than one Federal Law Enforcement Agency, a single Agreement may be used and .an official from the sponsoring Federal Agency must sign the Agreement. There must be a separate Agreement for each State or Local Agency, and for each Investigation or Strategic Initiative in which a State or Local Agency is participating. (3) Other signatures may also be required at the discretion of the AUSA Regional OCDETF Coordinator. (4) All required signatures must be obtained before the Agreement can be accepted and the funds obligated. m. Agreement/Modification Approval (1) The sponsoring Agency Regional OCDETF Coordinator(s) must submit the proposed Agreement to the OCDETF Regional Coordination Group for approval. This should occur, as part of the OCDETF Investigation selection process or soon thereafter if the need for State and Local participation is expected. Each fiscal year, the Strategic Initiatives will be reviewed for approval by the Regional Coordination Group and the OCDETF Executive Office. (2) The OCDETF Regional Coordination Group must review and approve all Agreements. Each Agreement shall be for a specific amount of funding and for a specific period of time. (3) The original signed Agreement must be submitted promptly to the OCDETF Executive Office for final review and acceptance. (4) The OCDETF Regional Coordination Group will ensure that the cumulative overtime and authorized expense commitments do not exceed the total regional fund allocation. The OCDETF Executive Office will not be liable to reimburse any overtime over the approved regional fund allocation. Prior approval must be received from the Regional Coordination Group in order to exceed the allocation. 5 (5) The OCDETF Regional Coordination Group also will ensure that official records are maintained to document the total number of regular and overtime hours worked by the State and Local officer(s). These records shall be maintained for six (6) years. (6) Reimbursement for any expenditure(s) above the Agreement amount must obtain prior approval by both the OCDETF Regional Coordination Group and the OCDETF Executive Office. (7) The Regional Coordination Group may approve reimbursement for State and Local overtime worked during the thirty (30) day period prior to the date the case was approved as an OCDETF Investigation. In no circumstance can the total amount of retroactive overtime paid exceed $5,000 or cross into another fiscal year. The Agreement beginning date may never be before the case was - approved as an OCDETF Investigation. [For example if the OCDETF case was approved on February 15th the OCDETF Regional Coordination Group may approve payment for overtime worked from January 161h through February 141h, and the date of the Agreement would be February 151h] (8) Amendments or changes in the amount of the Agreement or the listed participating Law Enforcement officers that occur after an Agreement has been executed must be agreed to by all approving officials. These amendments or changes must be transmitted by a screenshot of the modification successfully entered into MIS, signed by the AUSA Regional OCDETF Coordinator or designee for the region and forwarded to the OCDETF Executive Office. Deobligations only require the initials of the Executive Assistant/OCDETF Program Specialist. All changes made to the original Agreement must be approved and initialed by the person making the revision and the AUSA Regional OCDETF Coordinator. (9) If a State or Local officer is unable to be assigned to an OCDETF Investigation or Strategic Initiative on a frill -time basis, an exception to the full-time rule may be granted by the OCDETF Regional Coordination Group. Any established exceptions or waivers 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 Local Law Enforcement Agency for a limited amount of those overtime costs.] n. Periodic Review, Reporting; and Estimates. In order to obtain the required information regarding the "delivered" and "undelivered" status of open obligations, the following procedure must be followed in each region: (1) By the 10th of each month, the Executive Assistant/OCDETF Program Specialist (or other individual in the Core City U.S. Attorney's Office responsible for handling State and Local billing) will provide to the Federal Agency Regional Coordinators a report, listing all Agreements for which a State or Local Agency has not submitted a bill for at least thirty (30) days, reflecting time worked through the end of the previous month. (For example, 6 by March loth, the Executive Assistant/OCDETF Program Specialist will prepare a listing of State or Local Agreements for which Agencies have not submitted a bill reflecting work through February 28). (2) The sponsoring Agency Regional OCDETF Coordinator from the sponsoring Agency will be responsible for contacting the State and Local Agencies on that list to determine the status of existing obligations. Specifically, the State or Local Agency must provide the sponsoring Agency Regional OCDETF Coordinator with some form of documentation (either a copy of a bill, or an e- mail or fax) indicating the dollar amount to be reimbursed for any time worked by State and Local officers through the end of the month in question. Please note: The documentation provided to the sponsoring Agency Regional OCDETF Coordinator will not be a substitute for a formal bill. The Agency will still be expected to submit its formal bill to the Regional Coordination Group, in accordance with the State and Local Overtime and Authorized Expense/Strategic Initiative Policies and Procedures Manual. However, to the extent that bills are submitted in a timely fashion, but do not clear all approving officials within the 30-day period, this follow-up procedure will enable us to nevertheless account for the amounts expended under the Agreement during the prior months. o. Deobli ation. If a State or Local Agency indicates that it is no longer performing work under a particular Agreement, any unexpended funds under that Agreement should be immediately deobligated and a modification memorandum identifying the amount to be deobligated shall be submitted to the OCDETF Executive Office as soon as possible. p. Monthly Estimate Process. State and Local Agencies must provide estimates of expected overtime work on a monthly basis. These estimates are to be provided to the Agency Coordinator at the beginning of each month following a month in which overtime was earned. The Regional Agency Coordinator must provide an estimate of overtime to be worked in the current month to the OCDETF Executive Assistant/OCDETF Program Specialist in a timely manner, no later than the fifth business day of the month. The reimbursement amounts must then be entered into the Management Information System (MIS) by the Executive Assistant/OCDETF Program Specialist no later than the 12th of each month. The Executive Assistant/OCDETF Program Specialist is responsible for entering all information related to the Agreement into MIS. The Executive Assistant/OCDETF Program Specialist will also be responsible for generating a memo or letter from MIS and distributing to State and Local Agencies upon initial approval of the Agreement and in the instance of any modification to the funding amount in the Agreement. Additionally, the Executive Assistant/OCDETF Program Specialist will be responsible for generating any specific reports from MIS requested by the Federal Agency Coordinator and/or AUSA. 2. Reimbursement Requests a. Eligibility. Prior to any Reimbursement Request being submitted, a signed and fully executed Agreement between the State or Local Law Enforcement Agency and the 7 OCDETF Region must be in place. b. Submission. To receive reimbursement funds for overtime and authorized expenses incurred by their officers, State and Local Agencies must submit their specific OCDETF Reimbursement Request Form. The Reimbursement Request must contain the signature of the authorized State or Local official certifying that the overtime costs, authorized travel, and per diem expenses are for the Law Enforcement officers identified in the Agreement, and that the costs were incurred as part of the approved OCDETF Investigation or Strategic Initiative, and that the requested funds have been paid to the State and Local officer(s). C. Monthly Billing. Reimbursement Requests MUST be submitted from the State or Local Agency to the immediate supervisor of the sponsoring Federal case agent (GS, SSA, etc.) on a monthly basis if work has been performed for that month. Any deviation from monthly billing must be approved by the OCDETF Regional Coordination Group and the OCDETF Executive Office. d. Supporting Documentation. It is the responsibility of the State & Local Agency to retain and have available for inspection sufficient supporting documentation for all regular hours and overtime hours worked towards a specific OCDETF case. Officers' timesheets must reflect work towards a specific OCDETF case and must be reviewed and signed by an authorized State & Local official Federal Agency Review. The Sponsoring Federal Agency Supervisory Special Agent (or designee) of the field office of the Federal Agency with which the State/Local officer(s) is working must sign and forward the original signed Reimbursement Request to the sponsoring Agency Regional OCDETF Coordinator. The Sponsoring Federal Agency Supervisory Special Agent is responsible for determining that the monies claimed are in accordance with the Agreement and authorized by the Regional Coordination Group under the State and Local Overtime and Authorized Expense/Strategic Initiative Policies and Procedures Manual, and for insuring that overtime payments are legitimate and not excessive. f. Timing. The Reimbursement Request must be submitted to the Regional Coordination Group within thirty (30) days of the close of the month in which the overtime was worked. If the request is not submitted within this time period, it may not be honored and paid. g. Regional Coordinator Review. The sponsoring Agency Regional OCDETF Coordinator is then responsible for reviewing the request and for submitting the original signed Reimbursement Request to the AUSA Regional OCDETF Coordinator after ensuring that the request falls within • the allotted budget allocation for the Agreement. The total overtime payments for an individual officer for a 12-month period are not to exceed 25% of the current Federal salary rate in effect at the time the overtime was performed. The Executive Assistant/OCDETF Program Specialist will monitor these payments via MIS and communicate to the Federal Agency Regional OCDETF Coordinators who provide status updates to any officer approaching the threshold. Additionally, the Reimbursement Request contains an Officers Overtime Log that should be used to track individual officer's hours. The column in the Overtime Log entitled `Other Federal Overtime earned to date this Fiscal Year' should be used to track other Federal (non-OCDETF cases such as Safe Streets, HIDTA, IRS, ICE, FEMA, etc.) overtime hours earned in the Fiscal Year, so that when combined with the officer's total OCDETF overtime hours the individual officer's Federal overtime hours can be tracked towards the 25% threshold. h. MIS Responsibilities. The Executive Assistant/OCDETF Program Specialist is responsible for entering all information related to the Reimbursable Request into MIS. The Executive Assistant/OCDETF Program Specialist will also be responsible for generating a memo or letter from MIS and distributing to state and local Agencies in the instance of any cost modification to the Reimbursement Request. i. Authorization. Prior to payment, the initiating sponsoring Agency Regional OCDETF Coordinator must certify that only authorized expenses are claimed. The State or Local officers may follow the travel regulations of their respective Agencies when such written regulations exist as long as the State or Local regulations do not conflict with Federal regulations; otherwise, Federal travel regulations shall govern all State and Local travel and per diem. In no instance shall the amount claimed exceed Federal allowances. j. Officer Overtime Loa. The overtime log must be attached to the Reimbursement Request when submitting the monthly invoices. When completing the overtime log, each column must be completed with the totals reported at the bottom. The overtime log must include the number of regular hours worked, the number of overtime hours worked, the overtime rate, and the cumulative overtime total of each State and Local officer on all federal cases such as HIDTA, Safe Streets, etc. k. AUSA Review. The AUSA Regional OCDETF Coordinator is responsible for final review and approval of the Reimbursement Request. All changes made to the original Reimbursement must be approved and initialed by the person making the revision and the AUSA Regional OCDETF Coordinator. The Reimbursement Request shall then be transmitted promptly to the OCDETF Executive Office for payment processing, All Reimbursement Requests for overtime incurred in a prior fiscal year must be submitted to the OCDETF Executive Office no later than November 25 of the new fiscal year. Requests received after the November 25 cut-off date may not be reimbursed. 1. OCDETF Executive Office Responsibilities. The OCDETF Executive Office is responsible for ensuring that reimbursement is appropriate, that funds are available for payment, and that the reimbursement is processed and paid through the Financial Management Information System (FMIS) of the Department of Justice. 3. Payment a. Reimbursement Requests MUST be submitted from the State or Local Agency to the immediate supervisor of the sponsoring Federal case agent (GS, SSA, etc.) on a monthly basis if work has been performed for that month. Any deviation from monthly billing must be approved by the OCDETF Regional Coordination Group and the OCDETF Executive Office. b. Payments will be made directly to the State or Local Law Enforcement Agency for the expenses of the officers designated in the Agreement. Direct payments to officers are not allowed. c. Payments will be based upon: (a) the authorized overtime rate of each participating officer listed in the Agreement as established by his/her State or Local Agency and (b) ZE the authorized case or Strategic Initiative specific travel and per diem expenses incurred as a result of the Investigation or Strategic Initiative, to the extent that these costs are not covered by the sponsoring Federal Agency. The total overtime payments for an individual officer for a 12-month period (the Federal fiscal year is October ls` - September 30th), including all other non-OCDETF Federal sources (such as Safe Streets, HIDTA, IRS, ICE, FEMA, etc.) are not to exceed 25% of the current Federal salary rate in effect at the time the overtime was performed. The Executive Assistant/OCDETF Program Specialist will monitor these payments via MIS and communicate to the Federal Agency Regional OCDETF Coordinators who provide status updates to any officer approaching the threshold. d. Benefits (such as retirement, FICA, or other expenses) are NOT to be included in overtime payment. Reimbursement of overtime payment is based solely on the authorized overtime rate of each participating officer listed in the Agreement. e. The State or Local Law Enforcement Agency shall maintain for a period of six (6) years, complete and accurate records and accounts of all obligations and expenditures of funds under the Agreement in accordance with generally accepted accounting principles to facilitate on -site inspection and auditing of such records and accounts. f. The State or Local Law Enforcement Agency shall permit examination and auditing by representatives of OCDETF, the sponsoring Federal Agency, 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. In addition, all such records and reports shall be maintained until all audits and examinations are completed and resolved, or for a period of six (6) years after termination of the Agreement, whichever is later. Failure to provide proper documentation will limit State or Local Law Enforcement Agencies from receiving OCDETF funding in the future. g. Electronic Funds Transfer Process (1) 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). A benefit of receiving payments by EFT is that your funds are. directly deposited to your account at a financial institution and are available to you on the date of payment. In accordance with the act, all OCDETF reimbursement payments will be issued via EFT. (2) All participating State and Local Agencies must complete and submit the attached ACH vendor enrollment form. The OCDETF Executive Office must receive one ACH form from each participating Agency or police department prior to processing their reimbursement payments. (3) 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 A of each new Agreement. 10 (4) ACH banking information must be updated and submitted to your Regional Coordination Group when any banking information changes. Reasons for change include but are not limited to change in bank name, routing number, and account number. (5) If payment via EFT is unsuccessful after two attempts due to incorrect ACH banking information, the OCDETF Executive Office will submit payment for Reimbursement Requests with a Treasury Check. (6) The Internet Payment Platform (IPP) is the secure web -based payment information system provided by the U.S. Department of Treasury's Financial Management System. The IPP system can be used by the State or Local Agencies to exchange invoices and banking information in order to process and track payment reimbursement with the OCDETF Executive Office. Please refer to https://www.ipp.gov/ for registration, an instructional video, and a downloadable brochure on the IPP system. 4. Audit Review The State or Local Law Enforcement Agency shall permit examination and auditing by representatives of OCDETF, the sponsoring Federal Agency, 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. In addition, all such records and reports shall be maintained until all audits and examinations are completed and resolved, or for a period of six (6) years after termination of the Agreement, whichever is later. Failure to provide proper documentation will limit State or Local Law Enforcement Agencies from receiving OCDETF funding in the future. APPROVED FORMS (as of October 2012) 1. A nine -page OCDETF form to be used by State and Local Agencies and affected Federal Agencies when an Agreement is sought for the use of the OCDETF State and Local Overtime and Authorized Expense/Strategic Initiative Programs; 2. A one -page form to be used by the State and Local Agencies and affected Federal Agencies to notify the OCDETF Executive Office of the change in number of officers listed on an existing, approved Agreement; 3. A two -page form to be used by State and Local Agencies to request reimbursement of overtime and authorized expenses, including an Officers Overtime Log form, which should be used to assist in tracking individual officer hours and payments and to ensure that the annual maximum is not exceeded. While changes to these forms may be minor, previous versions are now obsolete and should no longer be used. 12 ORGANIZED CRIME DRUG ENFORCEMENT TASK FORCES Agreement FOR THE USE OF -THE STATE AND LOCAL OVERTIME AND AUTHORIZED EXPENSE/STRATEGIC INITIATIVE PROGRAM Federal Tax Identification #: DC#: Amount Requested: $ 20,000.00 Number of Officers Listed: 1 From: 10/01/12 Beginning Date of Agreement To: 09/30/13 Ending Date of Agreement State or Local Agency Narcotics Supervisor: Lt. Tony Zack Telephone Number: 323-587-5171 E-mail Address: azacic@covpd.org Fax # (if applicable): 323-826-1483 Sponsoring Federal Agency(ies): DEA OCDETF Investigation / Strategic Initiative Number: SW-CAC-1038 Federal Agency Investigation Number: R1-10-0100 State or Local Agency Name and Address: 4305 S. Santa Fe Ave Vernon, CA 90058 Sponsoring Federal Agency Group/Squad Supervisor: GS Gene Johns Telephone Number: E-mail Address: 213-621-6874 Gene.johns@usdoj.gov Please ' provide the name, telephone number, e-mail address, and fax number 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: Melodv Falvo Telephone Number: 323-587-5171 E-mail Address: mfalvo@covpd.org Fax # (if applicable): 323-826-1481 Agreement (FY13), This Agreement is between the above named State or Local Law Enforcement Agency and the Organized Crime 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, the sponsoring Agency Regional OCDETF Coordinator, the Assistant United States Attorney Regional OCDETF Coordinator, and the OCDETF Executive Office. 1. It is agreed that. the State or Local Law Enforcement officers named on this Agreement will assist in OCDETF Investigations, Strategic Initiatives and prosecutions as set forth in the Organized Crime Drug Enforcement Task Forces State and Local Overtime and Authorized Expense/Strategic Initiative Programs, Policies and Procedures Manual, Fiscal Year 2013. 2. No individual Agreement with a State or Local department may exceed $25,000, 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 $50,000 without express rp for 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/Deputy 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 must be transmitted by a memorandum approved and signed by the AUSA Regional OCDETF Coordinator or designee for the region and sent 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 and Authorized Expense/Strategic Initiative Programs, Policies and Procedures Manual requires that a modification memorandum identifying 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 must provide billing estimates or activity on a monthly basis. 6. The State or Local Law Enforcement Agency agrees to provide experienced drug Law Enforcement officers who are 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. 7. 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. Agreement (FYI 3) 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 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 Strategic Initiative will provide to the assigned State/Local officers the clerical, operational and administrative support that is mutually agreed to by the parties in this Agreement. 11 Officers assigned to OCDETF Investigations or Strategic Initiatives must work full- time on the Investigation(s) or Strategic Initiative(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) 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 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. It is the responsibility of the State & Local Agency to retain and have available for inspection sufficient supporting documentation for all regular hours and overtime hours worked towards a. specific OCDETF case. Officers' timesheets must reflect work towards a specific OCDETF case and must be reviewed and signed by an authorized State & Local official. 13. 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 receive a memo notifying them of the changes. 14. Overtime payments, including all other non-OCDETF Federal sources (such as Safe Streets, HIDTA, IRS, ICE, FEMA, etc.) 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 Executive Assistant/OCDETF Program Specialist will monitor these payments via MIS and communicate to the Federal Agency Regional OCDETF Coordinators who provide status updates to any officer approaching the threshold. Agreement (FYI 3) 15. 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, 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. 16. Under no circumstances will the State or Local Agency charge any indirect costs for the administration or implementation of this Agreement. 17. 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. 18. 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. Failure to provide proper documentation will limit State or Local Law Enforcement Agencies from receiving OCDETF funding in the future. 19. 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.g_, 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. 20. 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 thirty (30) days of the notice of termination. 21. 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 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. 22. All changes made to the original Agreement must be approved by the OCDETF Executive Office and initialed by the Executive Assistant/OCDETF Program Specialist of the Regional Coordination Group making the revision. The AUSA Regional OCDETF Coordinator or designee must initial all funding changes. Agreement (FYI 3). 23. 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. 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 Federal Agency and the State or Local Law 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 contingent 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 terins and conditions of the Agreement have been met. MONTHLY ESTIMATES ARE NOW REQUIRED. ESTIMATE FOR THE CURRENT MONTH MUST BE SENT TO AGENCY COORDINATOR NO LATER THAN FIFTH (5") BUSINESS DAY OF THE CURRENT MONTH. Approved By: Approved By: Approved By Daniel Calleros, Interim Chief of Police Authorized State or Local Official Title Date Sponsoring Federal Agency Special Agent in Charge or Designee Date Sponsoring Agency Regional OCDETF Coordinator Date Approved By: Assistant United States Attorney Regional OCDETF Coordinator Date Funds are encumbered for the State/Local Agency overtime costs and authorized expense/Strategic Initiative Programs specified above. Subject to availability of funds. Funds Certified: OCDETF Executive Office Approving Official: OCDETF Executive Office ATTEST: Dana Reed, Interim City Clerk Agreement (FY13) Date Date ORGANIZED CRIME DRUG ENFORCEMENT TASK FORCES STATE OR LOCAL LAW ENFORCEMENT OFFICERS ASSIGNED TO PARTICIPATE IN THE STATE AND LOCAL OVERTIME AND AUTHORIZED EXPENSE/STRATEGIC INITIATIVE PROGRAMS State or Local Agency: City of Vernon OCDETF Investigation / Strategic Initiative Number: SW-CAC-1038/R1-10-0100 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. NAME I. Addendum A Definition of "Full -Time Participation" Exemption Any Other Exceptions or Justifications Agreement (FYI 3) Addendum B Identification of Additional Policy Requirements Agreement (FYI 3) ACH VENDOR/MISCELLANEOUS PAYMENT ENROLLMENT FORM PAYEE/COMPANY INFORMATION (Include state and Local Agenev name as written on Agreement enver sheet) Name: City of Vernon Address: 4305 Santa Fe Ave Vernon, CA 90058 Taxpayer ID Number: 95-6000808 Contact Person Name: Joaquin Leon Telephone Number: 323- 583-8811, ext. 365 FINANCIAL INSTITUTION INFORMATION Bank Name: East West Bank — Corporate Bank Nine -Digit ABA Routing Transit Number: Depositor Account Number: Type of Account: (checking/savings) Checking Please return with the Reimbursable Agreement 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). A benefit of receiving payments by EFT is that your funds are directly deposited to your account at a financial 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 the OCDETF State and Local EFT Coordinator at 202-514-1860 To inquire about a bill please contact: https://www.ipp.goy/ Agreement (FYI 3) ORGANIZED CRIME DRUG ENFORCEMENT TASK FORCES NOTIFICATION OF CHANGE IN LAW ENFORCEMENT OFFICERS State or Local Agency: OCDETF Investigation / Strategic Initiative #: DC#: M - 32 Current Total Number of Officers: Revised Total Number of Officers: Effective Date of Change: Sponsoring Federal Agency Coordinator Approval: AUSA Regional OCDETF Coordinator or Designee Approval: The Law Enforcement officers listed below are added to the above identified OCDETF Investigation or Strategic Initiative. Any modifications must be approved by the sponsoring Federal Agency Coordinator and AUSA Regional OCDETF Coordinator or designee and forwarded to the OCDETF Executive Office. NAME TITLE/RANK DOB ADD/DELETE 1 2. 3. ORGANIZED CRIME DRUG ENFORCEMENT TASK FORCES far dew REIMBURSEMENT REQUEST FOR OVERTIME COSTS AND AUTHORIZED EXPENSE/ STRATEGIC INITIATIVE PROGRAMS. FOR STATE AND LOCAL LAW ENFORCEMENT PERSONNEL DATE OF REQUEST: STATE OR LOCAL FEDERAL TAX DC it (EXO L - 32 - IDENTIFICATION #: use Only): SEND PAYMENT TO: (State or Local Agency, Address, Gip Code) ADMINISTRATIVE OR FINANCIAL STAFF CONTACT: Telephone/E-mail: OCDETF INVESTIGATION / STRATEGIC INITIATIVE NUMBER: - - SPONSORING FEDERAL AGENCY INVESTIGATION NUMBER: BILLING PERIOD FOR WHICH AMOUNT REQUESTED: OVERTIME $ REIMBURSEMENT IS REQUESTED: AUTHORIZED EXPENSES $ FROM TO TOTAL $ Total Number Of Officers. Claiming Overtime: Total Number of Overtime Hours Claimed for All Officers: Total Number of Regular Hours Worked for All Officers In accordance with the executed State and Local Agreement, reimbursement is hereby requested for overtime and for authorized expense/Strategic Initiative programs of law enforcement officers from the above -named agency. I hereby certify that cumulative overtime from all Federal sources, inclusive of this request; for each officer covered by this request does not exceed 25% of the current approved Federal salary rate in effect at the time the overtime was performed. I further certify that the funds requested are for overtime, travel, Strategic Initiative operation expenses, and per diem expenses incurred by the officer(s) identified in the Agreement for work on the cited OCDETF investigation or Strategic Initiative, and that the State and Local officer(s) have been paid. NOTE: DIRECT PAYMENTS TO OFFICERS ARE NOT ALLOWED. Certified: Authorized State or Local Official Title Date Certified: Sponsoring Federal Agency Group/Squad Supervisor Date Approved: Sponsoring Federal Agency Regional OCDETF Coordinator Date Approved: Assistant United States Attorney Regional OCDETF Coordinator Date Approved for Payment: OCDETF Executive Office Reimbursement Request - (FYI 3) ORGANIZED CRIME DRUG ENFORCEMENT TASK FORCES AUTHORIZED OFFICERS OVERTIME LOG OCDETF Investigation/Strategic Initiative Number: State or Local Agency: Current Billing Period: Do not leave any columns blank; enter "0 "for any columns with a non -applicable amount. The `Totals' row of Columns A, B, D, and E must match the amounts listed on the Reimbursement Request. Column Label A B C D E F I G H State or Local Employee Name Number of Regular Hours Worked on case/ Strategic Initiative Number of Overtime Hours Worked on case/ Strategic Initiative Officer's Overtime Rate Authorized Expenses Claimed for this billing period OCDETF Overtime Amount Claimed for this billing period BxC=E Other Federal Overtime Earned* to date this fiscal year ** Cumulative OCDETF Overtime Charged including this billing period this fiscal year** Cumulative Overtime Charged from all Federal Sources this fiscal year ** F+G=H* * * Totals *Other Federal Overtime Earned is overtime earned iTom ALL non-U( DEJ 1, kederal Jources (such as Safe Streets, HIDTA, IRS, ICE, FEMA, etc.) **Fiscal Year is from October I" — September 30"' ***This amount cannot exceed 25% of the current Federal salary rate in effect at the time the overtime was performed Overtime Log - (FY 13) Barajas, Yesenia From: Calleros, Daniel [DCalleros@covpd.org] Sent: Monday, December 31, 2012 7:55 AM To: Barajas, Yesenia Cc: Subject: RE: Resolution No. 2012-221 & 2012-222 Attachments: OCDETF Agreement for FY 2013.pdf Yesenia, attached is a copy of the Organized Crime Drug Enforcement Task Forces Regarding Reimbursement for Overtime and Other Authorized Expenditures for Fiscal Year 2012-2013. We were not able to obtain a signed original due to the perplex approval process by the U.S. Department of Justice. Let me know if this will be an issue. In the past we were only provided a copy. Thanks Danny From: Barajas, Yesenia[ma iIto: Y13arajas@ci.vernon.ca.us] Sent: Wednesday, December 19, 2012 10:42 AM To: Calleros, Daniel Subject: Resolution No. 2012-221 & 2012-222 Good morning Chief, if you could please advise the status of the agreement for Resolution No. 2012-221: A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Agreement for the "Avoid the 100 DUI Campaign (West) Los Angeles County" By and Between the Vernon Police Department and the Gardena Police Department. Also, the agreement for Resolution No. 2012-222: A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Agreement By and Between the City of Vernon and the Organized Crime Drug Enforcement Task Forces Regarding Reimbursement for Overtime and Other Authorized Expenditures for Fiscal Year 2012-2013. Thank you, Yesenia Barajas Administrative Assistant City of Vernon T: 323) 583-881 1 ex 339 F: 323) 826-1438 _ybarajas@ci.vernon.ca.us CONFIDENTIALITY NOTICE: This e-mail transmission, and any documents, files or previous e-mail messages attached to it may contain confidential information that is legally privileged. If you are not the intended recipient, or a person responsible for delivering it to the intended recipient, you are hereby notified that any disclosure, copying, distribution or use of any of the information contained in or attached to this transmission is STRICTLY PROHIBITED. If you have received this transmission in error, please immediately notify the sender. Please destroy the original transmission and its attachments without reading or saving in any manner. 1 Law Enforcement Sensitive . U.S. Department of Justice United States Attorney Organized Crime Drug Enforcement Task Forces Southwest Region 1000 Louisiana, Suite 2300 713-567-9000 Houston, TX 77002 Fax: 713-718-3307 Lieutenant Tony Zack December 18, 2012 Vernon Police Department 4305 S. Santa Fe Ave. Vernon, CA 90058 Subject: Organized Crime Drug Enforcement Task Forces (OCDETF) State and Local Overtime and Authorized Expense Agreement for Fiscal Year 2013 Dear Lieutenant Zack: The Southwest Region OCDETF Regional Coordination Group has approved an OCDETF Agreement for the Vernon Police Department under the following terms: OCDETF Case M SW-CAC-1038 SIDESHOW Dates of the Agreement: 12/01/2012 through 09/30/2013 (Fiscal2013) Funding Amount: $ 17,202.25 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 originally 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 Coordinator prior 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 will be contingent.upon availability of funds. DEC U 5 RECI ORGANIZED CRIME DRUG ENFORCEMENT TASK FORCES Agreement FOR THE USE OF THE STATE AND LOCAL OVERTIME AND AUTHORIZED EXPENSE/STRATEGIC INITIATIVE PROGRAM Federal Tax Identification # ' 14 IJVV v DC#: OCDETF Investigation / Strategic Initiative Number: SW-CAC-1b38 Federal Agency Investigation Number: R1-10-0100 State or Local gen y N and Address: Vie. - � 4305 S. Santa Fe Ave Vernon, CA 90058 Amount Requested: sill 0-- Number of Officers Listed: 1_ (0 . From: IVOII12 Beginning Date of Agreement To: 09/30/13 Ending Date of Agreement State or Local Agency Narcotics Supervisor: Lt. Tony Zack Telephone Number: 323-587-5171 E-mail Address: azacWcovpd.org Fax # (if applicable): 323-826-1483 Sponsoring Federal Agency Group/Squad Supervisor: GS Gene Johns Telephone Number: 213-621-6874 E-mail Address: Gene.johns@usdoj.gov I Sponsoring Federal Agency(ies): I DEA Please provide the name, telephone number, e-mail address, and fax number 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: Melody Falvo Telephone Number: 323-587-5171 E-mail Address: mfalvoacovPd.orjz Fax # (if applicable): 323-826-1481 Agreement (FYI 3), This Agreement is between the above named State or Local Law Enforcement Agency and the Organized Crime 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, the sponsoring Agency Regional OCDETF Coordinator, the Assistant United States Attorney Regional OCDETF Coordinator, and the OCDETF Executive Office. 1 It is agreed that the State ,or Local Law Enforcement officers named on this Agreement will assist in OCDETF Investigations, Strategic Initiatives and prosecutions as set forth in the Organized Crime Drug Enforcement Task Forces State and Procedures Manual, 2. No individual Agreement with a State or Local department may exceed $25,000, 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 $50,000 without express rp for 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/Deputy 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 must be transmitted by a memorandum approved and signed by the AUSA Regional OCDETF Coordinator or designee for the region and sent 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 and Authorized Expense/Strategic. Initiative Programs, Policies and Procedures. Manual requires that a modification memorandum identifying 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 must provide billing estimates or activity on a monthly basis. 6. The State or Local Law Enforcement Agency agrees to provide experienced drug Law Enforcement officers who are 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. 7. 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. Agreement (FYI 3) 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 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 `Strategic Initiative will provide°to the assigned State/Local officers the clerical, operational and administrative support that is mutually agreed to by the parties in this Agreement. 11, Officers assigned to OCDETF Investigations or Strategic Initiatives must work full- time on the Investigations) or Strategic Initiatives) 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) 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 Local Law Enforcement Agency for a limited amount of those overtone 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. It is the responsibility of the State & Local Agency to retain and have available for inspection sufficient supporting documentation for all regular hours and overtime hours worked towards a specific OCDETF case. Officers' timesheets must reflect work towards a specific OCDETF case and must be reviewed and signed by an authorized State & Local official. 13. 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 receive a memo notifying them of the changes. 14. Overtime payments, including all other non-OCDETF Federal sources (such as Safe Streets, HIDTA, IRS, ICE, FEMA, etc.) 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 Executive Assistant/OCDETF Program Specialist will monitor these payments via MIS and communicate to the Federal Agency Regional OCDETF Coordinators who provide status updates to any officer approaching the threshold. Agreement (FY13) 15. 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, 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. 16. Under no circumstances will the State or Local Agency charge any indirect costs for the administration or implementation of this`Agreemefit 1.7. 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. 18. 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. Failure to provide proper documentation will limit State or Local Law Enforcement Agencies from receiving OCDETF funding in the future. 19. 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.g., 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. 20. 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 thirty (30) days of the notice of termination. 21. 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 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. 22. All changes made to the original Agreement must be approved by the OCDETF Executive Office and initialed by the Executive Assistant/OCDETF Program Specialist of the Regional Coordination Group making the revision. The AUSA Regional OCDETF Coordinator or designee must initial all funding changes. Agreement (FYI 3) 23. 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. This Agreement is not a contract or obligation to commit Federal funds in the maximum amounts projected. Funding allocations for the time period set Torth-arid 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 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 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. MONTHLY ESTIMATES ARE NOW REQUIRED. ESTIMATE FOR THE CURRENT MONTH MUST BE SENT TO AGENCY COORDINATOR NO LATER THAN FIFTH (5`h) BUSINESS DAY OF THE CURRENT MONTH. ' Approved By: Daniel Calleros, , Interim Chief of Police Approved By: Authorized State or F tc 1 Title Date 1 1 2 7 i 7 Approved By: Sponsoring IA,geho 1 Agent in Charge or Designee Dat 11 1 , 4rt l l , Approved By: S o ring Agency ency Regional O p g CD F Coordinator Date � Assistant United SIWV7ttorney Regional OCDETF Coordinator Date Funds are encumbered for the State/Local Agency overtime costs and authorized expense/Strategic Initiative Programs specified above. Subject to availability of funds. Funds Certified: OCDETF Executive Office Date Approving Official: OCDETF Executive Office Date AT ST: 1 D a eed, Interim City Clerk Agreement (FYI3) ORGANIZED CRIME DRUG ENFORCEMENT TASK FORCES STATE OR LOCAL LAW ENFORCEMENT OFFICERS . ASSIGNED TO PARTICIPATE IN THE STATE AND ]LOCAL OVERTIME AND AUTHORIZED EXPENSE/STRATEGIC INITIATIVE PROGRAMS State or Local Agency: City of Vernon OCDETF Investigation / Strategic Initiative Number: SW-CAC-1038/R1-10-0100 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. NAME TITLE/RANK W: 1. 2. 3. 4. 5. 6. 7. 8: 9. 10. Agreement (FY 13) Addendum A Definition of "Full -Time Participation" Exemption: The Southwest Region Coordination Group includes in the definition of "full-time participation" as the State/Local Law Enforcement Officer working the same hours on the assigned investigations as that of the case agent. Some regular hours must be worked before overtime will be reimbursed. Additionally, there will be exceptions for special circumstances for one-time events such as canine searches and aerial surveillance etc. All special circumstances must be approved in writing via E-Mail by the Regional Coordination Group prior to use. if special circumstances are not approved in advance, the exception may not be granted. Agreement (FY 13), Page 7 0 ACH VEND OR/MISCELLANEOUS PAYMENT ENROLLMENT FORM PAYEE/COMPANY INFORMATION (Include State and,Local Agency name as written on Agreement cover sheet) Name: City of Vernon Address: 4305 Santa Fe Ave Vernon, CA 90058 Taxpayer ID Number: 95-6000808 Contact Person Name: Joaquin Leon Telephone Number: 323- 583-8811, ext. 365 FINANCIAL INSTITUTION INFORMATION Bank Name: East West Bank - Corporate Bank Nine -Digit ABA Routing Transit Number: Depositor Account Number: Type of Account: (checking/savings) Checking Please return with the Reimbursable Agreement 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). A benefit of receiving payments by EFT is that your funds are directly deposited to your account at a financial 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 the OCDETF State and Local EFT Coordinator at202-514-1860 To inquire about bill please contact: https://www.ipp.goy/ Agreement (FYI 3) C C rev I /Z, �pFVER* =C IV V OCT 2 4 2012 (i l 2 6 2012 CITY ADMINISTRATION Gffv oFl=icE STAFF REPORT VERNON POLICE DEPARTMENT DATE: October 23, 2012 TO: Honorable Mayor and Council Members FROM: Daniel Calleros, Interim Chief of Police RE: Organized Crime Drug Enforcement Task Force Overtime and Expense Reimbursement Agreement Fiscal Year 2013 Purpose The purpose of this memorandum is to request approval from City Council for the execution of an agreement between the Organized Crime Drug Enforcement Task Force (OCDETF) and the City of Vernon, for reimbursement of overtime and authorized travel and per diem expenses resulting from OCDETF investigations. Summary OCDETF is a federal drug enforcement program in the United States, overseen by the Attorney General and the Department of Justice. The objective of the OCDETF program is the disruption of major drug trafficking operations and related crimes, such as money laundering, tax and weapon violations, and violent crime. Together with state and local law enforcement, the OCDETF utilizes the resources of eleven federal agencies to accomplish its objectives. This includes the Drug Enforcement Administration (DEA), the Federal Bureau of Investigation (FBI), U.S. Immigration and Customs Enforcement, the Bureau of Alcohol; Tobacco, Firearms and Explosives, the U.S. Marshals Service, the Internal Revenue Service, and the U.S. Coast Guard - in cooperation with the Department of Justice Criminal Division. The OCDETF program provides funding to support drug cases that law enforcement encounters in its ongoing investigations. The funding provided by OCDETF includes reimbursement of overtime costs and authorized travel and per diem expenses that result from OCDETF program investigations. The Police Department (PD) currently has a Detective assigned to the Southwest Border Initiative (SWBI) narcotics investigation taskforce, which is operated by members of the Drug Enforcement Administration (DEA). Members of the`SWBI task force often conduct specific narcotic investigations that are funded through the OCDETF program. Since members of SWBI taskforce conduct specific narcotic investigations funded by the OCDETF program, the PD can submit for reimburse of overtime costs for OCDETF related cases as well as authorized travel and per diem expenses. The OCDETF program provides up to $25,000.00 in overtime reimbursement each fiscal year. To be eligible for this funding, State or local officers must be specifically assigned to OCDETF investigations and the agency involved must enter into an agreement with the OCDETF program. Agreement Review The OCDETF agreement for Fiscal 2012-2013 has been reviewed and approved as to form by City Attorney's Office Recommendation request approval from City Council for participation in the OCDETF overtime and authorized expense reimbursement program for Fiscal Year 2012-2013. Fiscal Impact None Attachments OCDETF State and local overtime and authorized expense program policy and procedures manual / agreement Fiscal Year 2013