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AG 19-008 - VNET -1-17.7TURN TO: 57tM P14TNNo EXT: / 72,$ CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM . ORIGINATING DEPT./DIV: hi-4 61(A d ORIGINATING STAFF PERSON: 557 VE ARaU71Iti'T EXT: 6 ']2d 3. DATE REQ.BY: l54-1 . TYPE OF DOCUMENT(CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT(E.G.,RFB,RFP,RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT O GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES/CDBG ❑ REAL ESTATE DOCUMENT 0 SECURITY DOCUMENT(E.G.BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACT AMENDMENT(AG#): ❑ INTERLOCAL IS OTHER g,oiliJ3U!(SemeN7 hGRG-rpZvv7 . PROJECT NAME: HYDRO YDi O SLi 9-NAME OF CONTRACTOR: V IN ET ADDRESS: ��� t T��ctt, 0,0E, S .� Kcw-6._Lt 1'ti 48'034-ELEPHONE 2o4-76y 390 E-MAIL: E. 01,54,4 NJ,6-oV -- -- — FAX:_ SIGNATURE NAME: OjSON —_ TITLE 5uPE,2ytS0,t . EXHIBITS AND ATTACH M ENTS:11: SCOPE,WORK OR SERVICES ❑ COMPENSATION 0 INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALI. OTI-IER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN 0 REQUIRED LICENSES ❑ PRIOR CONTRACT,/.AMENDMENTS TERM: COMMENCEMENT DATE: 10/1/ COMPLETION DATE: 1/30/11 TOTAL COMPENSATION$ U?' lb /OW -+-o 4A cAay ri"00. 32It (INCLUDE EXPENSES AND SALES TAX,IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE-ATTACH SCHEDULE OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSEL YES ONO IF YES,MAXIMUM DOLLAR AMOUNT: $ 2 Q.10 IS SALES TAX OWED ❑YES 'ANO IF YES,$ PAID BY:❑CONTRACTOR❑CITY RETAINAGE: RETAINAGE AMOUNT: 0 RETAINAGE AGREEMENT(SEE CONTRACT) OR 0 RETAINAGE BOND PROVIDE C] PURCHASING: PLEASE CHARGE TO: 0. DOCUM ENT/CONTRACT REVIEW INITIAL/DATE REVIEWED INITIAL/DATE APPROVED ❑ PROJECT MANAGER DIRECTOR c• 'SY1 1 ] • 14 •)e -- ❑ RISK MANAGEMENT (IE APPLICABLE ❑ LAW 7YLG l l 113) J g I. COUNCIL APPROVAL(IF APPLICABLE) SCHEDULED COMMITTEE DATE: COMMITTEE APPROVAL DATE: SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE: I' , 't 2. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: DATEREC'D: _ ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE,LICENSES, EXHIBITS ❑ CREATE ELECTRONIC REMINDER/NOTIFICATION FOR I MONTH PRIOR TO EXPIRATION DATE (Include dept.support staff if necessary and feel free to set notification more than a month in advance if council approval is needed.) INITIAL/DATE SIGNED ❑ LAW DEPARTMENT *SIGNATORY(MAYOR OR DIRECTOR) CITY CLERK 1r at Li ASSIGNED AG# • # Cct-abS ❑ SIGNED COPY RETURNED D TE SENT: :OMMENTS: 1/n(IIR ORGANIZED CRIME DRUG ENFORCEMENT TASK FORCES FY 2019 Agreement FOR THE USE OF THE STATE OR LOCAL OVERTIME AND AUTHORIZED EXPENSE/STRATEGIC INITIATIVE PROGRAM DINS#: 812509901 UFMS Doe#: Federal Tux Identification f6: 91-id62550 DC//: Amount nested: OCDETF'Investigation/Strategic Initiative Number: PA-WAW-0330 5,000.00 Operation Number ofOficers Listed: Name: Hydro Slayer From: October 1,2018 Federal Agency Investigations: Beginning DateorAgreement Number: RE-18-0016 To: September 30,2019 finding Daic of Agreement State or Local Organization Name: State or Local organixutiutt Federal Way Police Department Address to receive OCDETF paperwork(no Pt)Boxes): Narcotics Supervisor. Lt.John Stieben A•rrN Lt.John Stieben Telephone Number: (253)835-6842 33325 8th Avenue South E-mail Address: lohn.sueben@dtyortederatway.eom Federal Way,WA 98003 Sponsoring Federal Agency croup/Squed Supervisor: Daniel E.Olson Sponsoring Federal Agency(ies): Telephone Number: (206)764-3640 DEA E-mail Address: daniel.e,olson@usdoj.gov ..;a.•• ,moa*., <. _,......._.. .. e� ., .4ra.a.:• a+n .,....., .y_,t1-ca:n - Please provide the name, telephone number, e-mail address, and fax number for the financial staff person at the State or Local Organization, who is directly responsible for the billing on the Reimbursement Request: Name: Hardeep Goraya Telephone Number: (253) 835-2524 E-mail Address: hardoep.goraya@cityoffederalway.com s ' Agreement(FY19),Page 1 This Agrdcment is between the above named State or Local Law Enforcement Organization and the Organized Crime Drug Enforcement Task Forces(OCDETF)Program.This Agreement shall be effective when signed by an authorized State or Local Organization official,the sponsoring Federal Agency Special Agent-In-Charge,the sponsoring Agency Regional OCDETF Coordinator,the Assistant United States Attorney Regional OCDETF Director,and the OCDETF Executive Office. I. 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 or Local Overtime and Authorized Expense/Strategic Initiative Programs, Policies and Procedures Manual, Fiscal Year 2019. 2. No individual Agreement with a State or Local organization may exceed S25,000, 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 exceedS50,000 without express pLiqt 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 Director to the OCDE'IF Budget Officer/Deputy Budget Officer when seeking to exceed the above stated funding levels. w moresix modifications 3. Each Reimbursable Agreement will be allowed no than (6) 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 Director 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 Organization indicates that it is no longer performing work under a particular Agreement,the State or 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 or Local Law Enforcement Organization 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. Agreement(FY19).rage 2 4 S • 6. Officers who arc 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. 7. Officers who are deputized may possess Federal Law Enforcement authority as specified by the Agency affording the deputation. 8. 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. 9. OCDETF and the sponsoring Federal Law Enforcement Agency(ies) for the approved OCDETF Investigation or Strategic Initiative will provide to the assigned State or Local officers the clerical, operational and administrative support that is mutually agreed to by the parties in this Agreement. 10. Officers assigned to OCDETF Investigations or Strategic Initiatives should work full-time on the Investigation(s) or Strategic initiative(s) in order to be paid overtime. In order to satisfy the"full-time"expectation, a Law Enforcement officer should 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 d requestedby the Regional Coordination Group and attached as Addendum A to the Agreement. [The parent State or Local Organization 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 Organization for a limited amount of those overtime costs.] The Organization 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. 11. it is the responsibility ofthe State or Local Organization 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 or Local official. 12. Analysis of reimbursement claims by the Regional Coordination Group may result in a modification of the obligation of tinids contained within this Agreement as well as the time period covered. The Organization affected by any such modification will• receive a memo notifying them of the changes. Agreement(FY19),Page 3 Y # 13. 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 Organization is responsible for ensuring that this annualPaY ment 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. 14. The overtime log must be attached to the reimbursement request when submitting the monthly invoices. The Sponsoring Federal Agency Supervisory Special Agent and the State or Local official authorized to approve the Reimbursement Request must certify that only authorized expenses arc 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. 15. Under no circumstances will the State or Local Organization charge any indirect costs for the administration or implementation of this Agreement. 16. The State or Local Organization shall maintain complete and accurate records and accounts of all obligations and expenditures of funds under this Agreement for a period of six (6) years and in accordance with generally accepted accounting principles to facilitate inspection and auditing of such records and accounts. 17. The State or Local Organization 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 Organizations from receiving OCDETF funding in the future. 18. The State or Local Organization wilt 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 (sec,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. 19. This Agreement may be terminated by any of the parties by written notice to the other parties ten (10) business days prior to termination. Billing for outstanding obligations shall be received by OCDF.TF within thirty (30) days of the notice of termination. Agreement(FY 19).Page 4 20.The Debt Collection Improvement Act of 1996 requires that most payments made by the Federal government, including vendor payments, must be made by electronic funds transfer (EFT). In accordance with the act, all OCDETF reimbursement payments will be issued via EFT. All participating State and Local Organizations must complete and submit the attached EFT tbrm. The OCDETF Executive Office must receive one EFT form from each participating organization prior to processing their reimbursement payments. in certain circumstances the OCDETF Executive Office may make exceptions for Organizations that are unable to accept this form of payment, however, such Organizations must include written justification in the addendum of each new Agreement. 21.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 Director or designee must initial all funding changes. 22.The Regional Coordination Group is responsible for identifying and implementing any additional policy requirements, as needed, for its specific region. Those regional policies will be documented in the Addendum B and attached to the approved Agreement. The Organizations 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. 23.Restrictions: Fringe benefits(such as retirement, FICA,or other expenses)arc NOT to be included in overtime payment. Auxiliary educational benefits are also 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. Under no circumstances may a State or Local agency include any administrative fees for the processing of overtime.Additionally,officers are not eligible for reimbursement of compensation time earned in lieu of overtime payment.OCDETF will only reimburse an actual$amount paid to the officer for overtime worked,any additional benefit(including compensation time)will NOT be reimbused. 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 Organization. They are, therefore,subject to modification by OCDF.TF 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. Each Agreement must be approved and signed by a State or Local Law Enforcement Organization official who has supervisory authority over, and is authorized to assign, the participating Law Enforcement officers to the OCDETF investigation or Strategic Initiative. Agreement WY 19).Nage 5 Approved By: A e. _ l a CP Avtlrorf_ad Si e a•Lao Oficial Tisk Doter STet isr Al4 Print Name Approved By: /Hi - S vnsot�ingFederal Agency Special Agent in Charge or Designee !.tate Print Noose Ai, 1'1/14/18 Approved By: { z �. __...._� Sitott£oi•lp •Agency Regiona OC:DFTF Coordinator Date Approved By: ` /r / `" Assistant United States Attorney Regianai OCDE1 Dh ii for `P tie Funds are encumbered for the State or Local Organization overtime costs and authorized expense/Strategic Initiative Programs specified above. Subject to availability of funds. Funds Certified: OCDi;•'l7�Executive Office Date Approving Official: OCDEW Executive 0,ffice Date Agreement(TY l 9).Page 6 ADDENDUM A OCDETF Pacific Region DEFINITION OF_"FULL-TliVME_PARTICIPATION" The OCDETF State and Local Overtime(SLOT) Program is designed to only reimburse overtime costs incurred by officers working full-time on OCDETF cases. In order to comply with the requirement that an officer/agent work full-time,the officer/agent must: Be assigned to work on OCDETF matters full-time and work forty (40) hours per week on a single OCDETF investigation or multiple OCDETF investigations. Overtime in excess of 40 hours will therm be reimbursed. If the officer/agent is not exclusively assigned to work full-time on OCDETF mutters, then overtime can be reimbursed if the officer/agent worked eight(8) hours regular time in a given day on the OCI)ETF investigation before claiming any overtime.Overtime in excess of eight(8)hours will then be reimbursed. EXCEPTIONS TO THE"FULL-TIME PARTICIPATION RULE" PART TIME- If an officer/agent works more than eighty(80)hours regular time per month on OCDETF matters,then the officer/agent will get reimbursed for needed overtime that month(no exemption letter needed). LIMITED PART TIME If an officer works between one(l)and seven(7)hours regular time per month on OCDETF matters,no more than sixteen(16)hours of overtime will be reimbursed that month(no exemption letter needed). Occasionally dedicated OCDETF resources cannot handle a particular enforcement action, such as an unexpected surveillance;or unforeseen circumstances require additional nonfederal resources and the investigation would suffer without those additional resources. In those circumstances,more than sixteen (16)hours of overtime may be reimbursed for that month,but will require an exemption letter. This letter has to be submitted with the monthly Reimbursement Request. The letter must 1)explain/provide justification for the unforeseen circumstance(s)which occurred that month;must 2)list the names of each officers)/agents(s)for whom this circumstance pertains;and 3)must state that the sponsoring federal agency supervisor in the district where the investigation is being conducted,approves of this request. ZERO PARTICIPATION(Zero Regular Hours Worked) If an officer/agent works zero(0)regular hours on OCDETF matters during the month,the officer/agent will be limited to being reimbursed no more than sixteen(16)hours overtime for that month(an exemption letter is required as described above,plus an explanation of whyzero(0)regular hours were worked). in very rare,unforeseen circumstances,where over sixteen(16)hours of overtime reimbursement are being requested,an additional explanation of the zero regular hours worked must be added to the exemption letter. The request for over sixteen(16)hours of overtime reimbursement should be limited to extremely rare circumstances. All requests for overtime for matters where unforeseen circumstances are claimed will be reviewed for final approval by the sponsoring federal agency Pacific Region OCDETF Coordinator(or his/her designee)and the Pacific Region OCDETF Director(or his/her designee). Acknowledged: �iurlrctrlces! fcrrc a 1.x<rl tltr r Title Dale (Name and Signature) • L Agreement(FY 19).Page 8 �JTL� ADDENDUM B OCDETF Pacific Region I, Authorization to expend funds under the Agreement For The Use of State and Local Overtime ("Agreement") is effective only after it has been approved and funded for a specific amount by the OCDETF Regional Coordination Group ("RCG"). Mere submission of an Agreement does not authorize an expenditure of any funds. The amount requested may be reduced to a lower amount by the RCG. When submitting the agreement, a mailing address for the State or Local Agency Narcotics Supervisor must be provided (if different from the cover page of the Agreement): State or Local Agency Narcotics Supervisor: Lt • John Stieben Address: 33325 8th Avenue South, Fedex.al Way, WA 98003 2. Participation by additional officer(s)requires the submission to the Sponsoring Federal Agency Coordinator of a Notification of Change in Officer Form,which identifies the new officers. 3. This agreement does not authorize any expenditures beyond the funds allocated by the RCG to this investigation. This Agreement does not require the RCG to pay for any overtime worked without sufficient,previously authorized funding. 4. Reimbursement for travel and per diem costs for state and local officers under this agreement is the responsibility of the sponsoring federal agency. 5. OCDETF State and Local Overtlnm funds are not to be used for: a. equipment procurement b. agency operational subsidies c. purchases of evidence d. payments to confidential informants e. reimbursements to anyone other than sworn law enforcement officers. f. reimbursement of compensation time earned in lieu of overtime payment 6.All overtime reimbursement requests must be submitted to the RCG within thirty(311)ruts of the close of the month In which the overtime was worked. 7. It is the responsibility of your agency to report cumulative overtime for each officer on the Officer Overtime Log,which may not exceed S I/1,343.75 from any Federal source this fiscal year. Acknowledged: 0 \ Date ,tuthari.'4\1„le ar Lora .Octal 7711e (Name and-- tSignature) S Ter vie'Agreement(FY 19).Pulte 9 NZ 5h COUNCIL MEETING DATE: January 2,2019 ITEM#: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: OVERTIME REIMBURSEMENT FROM DEA FOR MARIJUANA INVESTIGATION FY2019 POLICY QUESTION: Should the City of Federal Way/Federal Way Police Department accept a maximum of $25,000 from the Drug Enforcement Administration(DEA)for an Organized Crime Drug Enforcement Task Force(OCDETF) investigation into marijuana manufacturing for FY2019? COMMITTEE: PRHS&PSC MEETING DATE: Dec. 11,2018 CATEGORY: ® Consent n Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY:LIEUTENANT J. STIEBEN DEPT: Police Attachments: 1. Staff Report 2. OCDETF Agreement Options Considered: 1. Accept the OCDETF Agreement 2. Reject the OCDETF Agreement MAYOR'S RECOMMENDATION: Option 1 MAYOR APPROVAL: IRECTOR APPROVAL: • min't e ounm Initial/Date Initial/Date Initial/Date COMMITTEE RECOMMENDATION: I move to forward Option 1 to the January 2019 consent agenda for approval. / 2 L// J ommittee Chair Committee ember Corn '�e Member PROPOSED COUNCIL MOTION: I move approval to accept a maximum of $25,000 from the Drug Enforcement Administration (DEA) for overtime incurred during an OCDETF marijuana manufacturing investigation, and authorize the Chief of Police to execute said agreement. (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) C UNCIL ACTIO APPROVE 1) 10,2,010‘ COUNCIL BILL# DENIED 1sT reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING(ordinances only) ORDINANCE# REVISED—11/2016 RESOLUTION# CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: December 11, 2018 TO: Parks, Recreation, Human Services and Public Safety Council Committee VIA: Jim Ferrell, Mayor FROM: Andy J. Hwang, Chief of Police SUBJECT: Drug Enforcement Administration(DEA)Interagency Agreement for Marijuana Investigation FY2019. Financial Impacts: The Drug Enforcement Administration(DEA) is providing funding to local law enforcement agencies to support locating and eradicating illicit cannabis plants, and for the investigation and prosecution of cases involving controlled substances. DEA will be awarding the Federal Way Police Department a maximum of$25,000 for the Organized Crime Drug Enforcement Task Force (OCDETF). This will be paid as direct reimbursement for overtime spent on the investigation. Background Information: The Drug Enforcement Administration petitioned the Department of Justice (OCDETF) for funding and support to investigate and prosecute illicit marijuana manufacturers in the Puget Sound Metro Region. This request was ultimately approved and the Hydroslayer OCDETF investigation began in August 2018. Qualified overtime worked by Federal Way Police SIU members will be reimbursed at the overtime rate minus benefits,premiums, and educational incentives. A monthly report with supporting payroll records will be submitted by the Department and an account will be designated by Finance to receive these payments. The OCDETF program has authorized the Federal Way Police Department to receive a maximum amount of$25,000 for Fiscal Year(FY) 2019 and the program will be managed by Special Investigations Unit Lieutenant John Stieben. 1