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03-1133Council File # Green Sheet # Presented By: RESOLUTION OF SAINT PAUL, MINNESOTA 03-1t33 205984 �� Referred To: Committee:Date: 1 RESOLVED, that the City of Saint Paul, Police Department, is authorized to enter into the attached 2 agreement with the Federal Bureau of Investigations to participate in the Minnesota Violent 3 Crime/Fugitive Task Force from October 1, 2003 through September 30, 2004. A copy of said 4 agreement is to be kept on file in the Office of Financial Services. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Requested by Department of: Benanav I ✓ I � � ( 8/akev � oi � pOIiCC _ �fi- b3� �\33 COST REIMBURSEMENT AGREEMENT BFTWEEN TriE FFDERAL BUREAU Or ?NVESTIGATION AND THE ST. PAUL POLICE DEPARTMENT SAFE STREETS TASK FORCE FILE � 166E-MP-60225 31C-MP-56801 Pursuant to Public Law Number for Fiscal Year (FY) 2003, the FBI has been authorized to pay overtime for the police officer(s) assigned to the formalized Minnesota Child Prostitution Initiative (MCPI), as part of the Minnesota Violent Crime/Euaitive Task Force (MVC/FTE) as set forth below for expenses necessary for detection, investigation, and prosecution of crimes against the United States. It is hereby agreed between the FBI and the St. Paul Police Denartment, located at 100 East Eleventh Street, St. Paul. Minnesota 55101 Taxpayer ldentification Number: 41-6005521, Phone Number: (651) 291-1111 that: 1) Commencing on October 1, 2003, the FBI wi11, subject to the availability of the required funding, reimburse the St. Paul Police Department for overtime payments made to the officer(s) assigned full-time to the task force. 2) Requests for reimbursement will be made on a monthly basis and should be forwarded to FBI Headquarters as soon as practical after the first of the month which follows the month for which reimbursement is requested. Such requests should be forwarded by the Supervisor of the St. Paul Police Denartment to the FBI Task Force Squad Supervisor and Special Agent in Charge for their review, approval, and submission. 3) Overtime reimbursements will be made directly to the St. Paul Police Denartment by the FBI. All overtime reimbursement payments are made by electronic fund transfer (EFT). An ACH Vendor/Miscellaneous Payment Enrollment Form (ACH) must be on file with FBI Headquarters to facilitate payment. 4) Overtime reimbursements £or o£ficers fully assigned to the MVC/FTF wi11 be calculated at the usual rate for which the individual officer's time would be compensated in the absence of this agreement, up to a monthly maximum of $893.29. 5) It is agreed that the St. Paul Police Deoartment will have three (3) officer(s) assigned full-time to the task force. 6) It is agreed that the maximum monthly overtime reimbursement allocation computed for each full-time task force � Q3- \133 orficer will not exceed $893.29. 7) At �he beginning of each fiscal year, prior to submission oi any overtime reimbursement requests, �he aaency must prepare an official document setting iorth the identity oi each oificer assigned full-time to the Saie Screets Task Force (SSTF) along with the regular and overtime hourly rates for each oii?cer. Should any officers change during the year, a similar statement must be prepared regarding the new ofiicer(s) prior Lo submitting any overtime reimbursement requests £or the ofPicer(s). A separate document must be obtained for each SSTF. The document should be sent to the field office, to be forwarded to FBIHQ. 8) Each request for reimbursement will include the name, rank, ID number, overtime compensation rate, number of reimbursable hours claimed and the dates of those hours for each officer Por whom reimbursement is sought. Each reimbursement request must be accompanied by a certification signed by an appropriate Supervisor of the Department that the request has been personally reviewed, that the information described in this paragraph is accurate, and the personnel for whom reimbursement is claimed were assigned full-time to task force cases. 9) Each request for reimbursement will include: an invoice number, invoice date, taxpayer identification number (TIN) and the correct banking information to complete the electronic fund transfer. The necessary banking information is the Depositor Account Title, Bank Account Number, Routing Number, and Type of Account (either checking, savings, or lockbox). If the banking information changes, a new ACH Vendor/Miscellaneous Payment Enrollment Form must be submitted to the FBI. 10) This agreement may be modified at any time by written consent of the parties. This agreement may be terminated unilaterally at any ti e by the FBI and will not extend beyond September 30 2004 Requests for reimbursement must be received by the FBI no�at�� than December 31, 200A; to be payable. St. Paul Police Special P,gent In Date Date Of£ice of the Qi'iief Contracting Officer Date FBI HeadcTUar�ers `-' - p3-11�'� MEMORANDUM OF UNDERSTANDING (MOU) This Memorandum of Understanding (MOU) is being executed by the below listed agencies: Federal Bureau of Investigation (FBI), Minneapolis Police Department (MPD), St. Paul Police Department (SPPD), Minnesota Bureau of Criminal Apprehension (BCA) Nothing in this MOU should be construed as limiting or impeding the basic spirit of cooperation which exists between the participating agencies listed above. I. PURPOSE AND MISSIQN � This MOU establishes and delineates the mission of the FBI's Minnesota Child Prostitution Initiative, hereinafter referred to as the MCPI, as a joint cooperative effort, and part of the Minnesota Safe Streets/Violent Crime Task Force. Additionally, the MOU formalizes the relationship between the FBI, MPD, SPPD and BCA in order to foster an efficient and cohesive unit capable of addressing child prostitution enterprises operating within Minneeo*_a. It is th° desire of th2 participatiny agencies to aciZieve maximum inter-agency cooperation in an effort to reduce child exploitation/prostitution activity within the communities served. The mission of the MCPI is to identify and target for prosecution criminal enterprises which promote and facilitate child exploitation/prostitution. The MCPI will enhance the effectiveness of federal and local law enforcement resources through a well coordinated initiative seeking the most effective investigative and p3-��33 prosecutive avenues by which to convict and incarcerate offenders. II. ORGANIZATI0I3AL STRUCTS3RTs A. Composition The MCPI will be comprised of the following personnel: FBI -(Up to) two (2) full-time Special Agents SPPD -(Up to) three (3) full-time Officers/Investigators MPD -(Up to) two (2) full time Officers/Investigators BCA -(Up to) one (1) full time Special Agent B. Direction The FBI, MPD, SPPD and BCA acknowledge that the MCPI is a joint operation in which each agency acts as partners in the operation of the MCPI. The policy and direction of the MCPI is governed by the "Innocence Lost" initiative, established by the United States Department of Justice (DOJ), in co-ordination with the National Center for Missing and Exploited Children (NCMEC). Periodic briefings on MCPI investigations will be provided to the heads of the participating agencies or their designees, and updates as to the program, direction and accomplishments of the MCPI will be provided upon request. C. Sut�ervision The day to day operation and administrative control of the MCPI will be the shared responsibility of a Supervisory Special Agent (SSA) of the FBI and the designated supervisory personnel from each participating entity. The daily management of the MCPI will be coordinated with the Executive Board. Responsibility for 2 ��' ��3�J the conduct of MCPI members, both personally and professionally, sha11 remain with the respective agency heads. III. PROCEDURES A. Personnel Continued assignment of_personnel to the MCPI wi11 be based upon performance and will be at the discretion of the respective agency head/supervisor. The FBI, MPD, SPPD and BCA, agree to provide the services of its respective personnel for the duration of this operation. The FBI, MPD, SPPD and BCA also agree to assume al1 personnel costs, including salaries, fringe benefits, and overtime (if applicable)(see Section VII, below) of its personnel assigned to the MCPI . B. Deputation Subject to the successful completion of a limited background inquiry, a11 personnel designated to the MCPI not currently under a grant of federal authority through deputation will be federally deputized as a Special Deputy United States Marshal (conferring Title 18 jurisdiction) and/or Special Federal Officer (conferring Tit1e 21 jurisdiction), with the FBI securing the required deputation authorization. These deputations will remain in effect throughout the tenure of each investigator's assignment to the MCPI or until termination of the MCPI, whichever occurs first. Each designated MCPI officer will receive a briefing on FBI field office security policy and procedures and be required to execute a non-disclosure agreement. 3 a3-��3� C. Investiaations All MCPI investigations will be initiated in accordance with the United States Attorney General's Guidelines on General Crimes, Racketeering EnLerprise and Terrorism EnLerprise Investigations (AG Guidelines). The investigative methods employed wi11 be consistent with the policies and procedures of the FBI and the applicable AG Guidelines. All personnel will adhere to applicable'State of Minnesota statutes and regulations and policies and procedures from their respective Agency. In situations where the statutory or common law of Minnesota is more restrictive than comparable federal law, the investigative methods employed by investigators shall conform to the requirements of such statutory or common law pending a decision as to venue for prosecution. D. Prosecution Prosecution of cases investigated by the MCPI will be the responsibility of the United States Attorney for the State and District of Minnesota and/or appropriate Minnesota State Attorney General. In those instances where the results of investigation indicate clear Federal violations in addition to state violations, the FBI, MPD, SPPD and BCA jointly will make a recommendation as to whether or not Federal prosecution should be pursued. In all cases where state and Federal crimes are uncovered, prosecutive decisions crill b ° �::2 final i2SNOi1Si��'iiiiiy Gi � Lnited States Attorney. It is agreed that prosecution should take place in that jurisdiction that has the highest likelihood of conviction and long-term incarceration. 0 ��-1�.3� E. Asset Forfeiture Al1 seizures made in connection with MCPI investigations or operations shall be processed for federal forfeiture by Lhe FBI. Seizures/forfeitures wi11 be conducted in accordance with the rules and regulations set forth by the FBI and Department of Justice (DOJ). Forfeitures at�ributable to MCPI investigations wi11 be equitably distributed between the agencies participating in the MCPI , with such distribution to be determined by the Executive Committee. Among the factors to be considered by the Executive Committee in the distribution are: (1) the level of involvement and participation of the agency in the case and MCPI , and (2) the needs of the agency. Seizures which are not processed for federal forfeiture may be subject to forfeiture pursuant to applicable Minnesota procedures. IV. ADMINISTRATION A. Case Assianments The FBI SSA assigned to the MCPI , along with the designated superv3sory personnel from each other entity, will oversee the prioritization and assignment of targeted cases and related investigative activity in accordance with the stated objectives and direction of the PACE MCPI . Cases will be assigned to investigative teams based on e�perience, training, performance, expertise, and existing case load. MCPI personnel will be totally respo.^.sible for the complete investigation of selected cases. B. Records and Reports 5 d� ���3 It is the intent of the participating parties that all investigative reporting will be prepared in compliance with existing FBI policy. Subject to pertinenL legal and/or policy restrictions, copies of pertinent documents created by each member of the MCPI will be made available for inclusion in the respective investigative agencies' files as appropriate. A11 FBI investigative reports will be completed according to FBI format and maintained by the FBI at the FBI's Minneapolis Division office. Investigative reports will be prepared on FBI forms by members of the MCPI . Upon completion of a training and familiarization period, each member of the MCPI will share in the preparation of FBI reports relating to criminal enterprise investigations. The information obtained during investigations will be documented consistent with the approved investigative techniques o£ the FBI. , Any and all FBI microcomputer databases used by or in connection with the MCPI must comply with the provisions of the federal Privacy Act and applicable FBI policies and procedures, including the FBI's Privacy Impact Assessment Guidelines. C. Evidence, Use of Investiaative Techniaues and Undercover Operations All evidence and original tape recordings (audio and video) acquired during the course of MCPI investigations will be maintained by the FBI. The rBI's rules and policies governing submission, retrieval and chain of custody will be adhered to by L^ the MCPI personnel. Evidence collected or acquired in the course of an investigation prior to its designation as a MCPI investigation will remain in the custody of the collecting agency. The use of investigative techniques (for example, search warrants, court-authorized interception of communicaLions, and consensual monitoring) will be reviewed, approved, and conducted in accordance with applicable FBI guidelines, policies, and procedures. A11 MCPI undercover operations wi11 be conducted and reviewed in accordance with the Attorney General's Guidelines on Undercover Operations and applicable FBI policy and procedures. The United States Attorney General Guidelines and the FBI's policy regarding the operation of informants and cooperative witnesses will apply to all informants and cooperative witnesses directed by members of the MCPI . The FBI agrees, subject to funding availability, to pay informants/cooperative witnesses' expenses in accordance with FBI policies and procedures and which are determined by the FBI to be reasonable and necessary. An appropriate FBI informant/cooperative witness file will be opened wherein all information furnished by the informant/cooperative witness will be maintained. In addition, any recommendations for payments to this informant/cooperative witness will also be documented *hereir.. 7 03-��33 0 �3 D. Investicrative Fxclusivitv Matters designaLed to be handled by the MCPI will not knowingly be subject �o non-MCPI law enforcement efforts. It is incumbent upon both agencies to make proper internal notification regarding MCPI existence, including its areas of concern. There shall be no unilateral action taken on the part of either participating agency relating to MCPI investigations. All law enforcement action will be coordinated and conducted in a cooperative matter. MCPI investigative leads outside the Minneapolis FBI territory will be communicated to other FBI offices for appropriate investigation. V. EQUIPMENT A. Vehicles The participating agencies agree to provide sufficient vehicles to their respective MCPI participants. It is the intent of the FBI, subject to funding availability, to provide leased vehicles for the use of MCPI participants, and any lease agreements will be handled through separate contractual arrangements by the FBI. The FBI may authorize members of the MCPI to use and drive the vehicles owned or leased by the FBI on for purposes of surveillance, investigation, or undercover activity in furtherance of the MCPI mission and in compliance with existing FBI policy for operation of United States Government vehicles, with such vehicles restricted to official use only. Such authorization must be provided at a supervisory level no lower than the FBI SSA with administrative responsibility for the MCPI . Non-1aw F:3 s �� ��� enforcement personnel not furLhering the MCPI mission may not be transported in FBI-providen vehicles. The participating agencies agree that they are responsible for the actions of their personnel only to the extent required by statute, case iaw, or contractual relationship with its personnel. The participating agencies agree that they are not responsible for any negligent or wrongful act or omission on the part of the other agencies' employees in connection with the use or operation of vehicles, or any damages incurred to those vehicles as a result of any action or omission on the part of the other agency's members, designee or employees. Specifically, prior to returning any vehicle owned or leased by another participating agency, the agency using or operating the vehicle agrees to repair, at its expense, any damage to the vehicle caused by its employee. Expenses associated with routine maintenance and normal wear and tear will be borne by the agency which owns or leases the vehicle. Fue1 will be provided by the agency using or operating the vehicle. B. Communications Subject to availability, the FBS, MPD, SPPD and BCA will maintain radio equipment that will be accessible to each member of the MCPI . Radio equipment wi11 be used during operations which require members of the MCPI to have common communication channels. C. ^ffi^e S�a^e Subject to availability, the FBI will provide office space for the MCPI . This space, if available, will be located within the Minneapolis FBI Division Headquarters. � p3-1�3� D. Propertv and Eauipment Other property of the participating agencies may be provided on a case by case basis when needed to conduct MCPI investigations and operations. Property in the custody or control and used by or at the direction of the MCPI that is damaged or destroyed will be the financial responsibility o£ the agency supplying the property. Upon the termination of the MCPI and the MOU or withdrawal of a participating member, all equipment will be returned to the supplying agency. E. Safetv Equinment The FBI, MPD, SPPD, and BCA will supply its MCPI representatives with body armor, raid jackets and weapons. The participating agency supplying this equipment will be responsible for its maintenance. VI. FUNDING Each participating agency agrees to provide the services of its respective personnel as outlined in Section II.A., above, for the duration of this operation. Participating agencies agree to assume all personnel costs for their MCPI representatives, including salaries and fringe benefits consistent with their respective agency. Subject to funding availability and legislative authorization, the PBI will reimburse to the participating local agency tihe cost of overtime worked by MCPI members assigned full time to the MCPI , providing overtime expenses were incurred as a result of MCPI related duties. A separate Contract Reimbursable Agreement (CRA) will be executed between the FBI and each 10 �� ��3� contributing entity consistent with regulations and policy. VIS. LIAB2LITY Unless speciiically addressed by the terms of this MOU, the parties agree to be responsible for the actions of their personnel only to the extent required by statute, case law, or contractual relationship with their personnel. The participating agencies agree that they are not responsible for any negligent, wrongful, or willful act or omission on the part of the other agencies� employees. Legal representation of an individual federal agent or local law enforcement officer by the United States in any civil action arising from participation in the MCPI is determined by the Department of Justice (DOJ) on a case-by-case basis. The FBI cannot guarantee that the United States will provide such legal representation. , A. Federal Tort Claims Act Under the Federal Tort Claims Act (FTCA), 28 U.S.C. § 1346(b), §§ 2671-2680, the exclusive remedy for the negligent or wrongful act or omission of an employee of the United States government, acting within the scope of his or her employment, shall be an action against the United States. For the limited purpose of defending claims arising out of MCPI activity, local 1aw enforcement officers who have been specially deputized and who are acting within the course and scope of their official duties and assignments pursuant to this MOU may be considered an "employee" of the United States government if the Attorney General or his 11 b� ��,33 designee certifies that the individual defendant acted within the scope o- his or her employment at the time of the incident giving rise to the suit. The United States can then be substituted for the employee as the sole defendant with respect to any tort claims and the individual employee is thereby protected from suit in his or her official capacity. Liability for any negligent, wrongful, or willful acts of any officer undertaken outside the terms of this MOU wi11 be the sole responsibility of the respective employee and agency involved. If the Attorney General declines to certify that an employee was acting within the scope of employment, the employee may at any time before trial petition the court to find and certify that the employee was acting within the scope of his office or employment. B. Violations of -Federal Constitutional Law Liability for violations of federal constitutional law may be imposed on the individual federal agent or deputized officer pursuant to Bivens v. Six Unknown Named Aqents of the Federal Bureau of Narcotics, 403 U.S. 388 (1971), and on any non-deputized local officer pursuant to Title 42, U.S.C., § 1983. A local MCPI officer deputized as a Special Deputy United States Marshal or Special Federal Officer may request representation by DOJ for civil suits against him/her in his/her 1P.�1V1'?ll"dl C3 ivi aC�10I'i5 taiCcii Nii��"11it ��12 SCOIJ2 OS employment and under the terms of this MOU. The determination of whether to grant representation shall be made by DOJ in accordance with Title 28 C.F.R. § 50.15(a)("[An] employee...may be provided i� 03'1133 representation...when the actions for which representation is requested reasonably appear to have been periormed within the scope of the employee's employment and the Attorney General or his designee determines that provicYing representation would otherwise be in the interest of the United States"). All requests by deputized MCPI officers for representation shall be coordinated through the Chief Division Counsel o£ the Minneapolis Division of the FBI. If a MCPI officer is found to be liable for a constitutional tort, he/she may request indemnification from DOJ to satisfy an adverse judgment rendered against the employee in his/her individual capacity. The criteria for payment are substantially similar to those used to determine whether a federal employee is entitled to DOJ representation under Title 28, C.F.R., � 50.15. The FBI can guarantee neither that the United States will provide representation in the civil suit against a federal, state, or local law enforcement officer nor indemnification to satisfy an adverse judgment. VIII. MEDIA All media releases pertaining to MCPI investigations and/or arrests wi11 be coordinated and made jointly by the FBI, MPD, SPPD and BCA. Media releases will be co-ordinated and disseminated by the FBI Media Representative. Each participating entity agrees that any inquiries from the media regarding MCPI operations, investigations and/personnel, wi11 be referred to the FBI Media 13 03-��33 Representative. 2X. MODIFICATIONS This agreement may be modified at any time by written consent of Lhe FBI, MPD, SPPD and BCA. Modifications to this MOU shall have no force and effect unless such modifications are reduced to writing and signed by an authorized representative of each participating agency. X. DURATION This MOU shall remain in effect until terminated by mutu,al consent of the participating agencies, provided that continuation of this MOU shall be subject to the availability of necessary funding. This agreement may be terminated at any time by either of the participating agencies. A participating agency may withdraw from this agreement at any time by providing a 30-day written notice of its intent to withdraw to the other participating agency. Additional agencies may join the MCPI upon the unanimous approval of participating agencies. New participating agencies will review the MOU in force,-and the agency's authorized representative wi11 sign an addendum to the MOU signifying that they have read the MOU and agree to abide by its terms. � � € x P F � 03 ��33 X2. ENTIRE AGREEMENT The participating agencies agree that the above terms constitute the entire agreement in this matter. By subscription of their signatures below, the parties herewith acknowledge that they have read, understood, and will abide by the foregoing statements. al Bureau of Investigation D. Stre Special Federal �rzerce ge in Charge re of Investigation is ivi ion inne Po 'ce P lice Ll partment Date �, Chief of St. Paul Michae Superi Bureau of Criminal Apprehension ate Date Robert K. Olson Date Chief of Police Minneapolis Police Department � ` ��ti� �- � S� a�S �1 �S lQ � 15 DE ARTMENT/OFFICEICOUNCIL DATE INITIATED Poi�� ianios GREEN S ET No. 2 984 CONTACT P RSON & PHONE INmA �rvmnVOA7E � ChiefWilliamFinney 266-5588 �I DEPARTMQITNRECT 4 ���a,�� MUST BE ON COUNCIL AGENDA BY (DATE) Please process ASAP �CIIY%RORNEY • ' `�' L� � �CLERK I� ❑FNANCIPLSERVICESqR ❑��SERV/ACCTG �WR�ORASSISTPNi) �w�A��S TOTAL # OF SIGNATURE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE) CTION REQUESTED Signatures requested on the attached council resolution authorizing the City of Saint Paul, Police Departrnent, to enter into the attached agreement with the Federal Bureau of Investigations. RECOMMENDATION APPfOV¢ (A) Of R2J2C[ (R) PERSONAL SERVICE CONTRAGTS MUST ANSWER THE FOLLOWING QUESTIONS: i. Has this persoNfirm ever worked under a conlrect for this department? ' PLANNING COMMISSION YES NO CIB COMMITTEE 2. Has ihis person/firm ever been a city employee'+ CIVIL SERVICE COMMISSION YES NO 3. Does this persoNfirtn possess a skill not nortnally possessed by any wrrent crty employee'+ YES NO 4. Is this persoNfirtn a targeted vendoY? YES NO Explain all yes answers on separete sheet and attach fo green sheei INITIATING PROBLEM ISSUE, OPPORTUNITY (WHO, WHAT, WHEN, WHERE, WHY) The Saint Paul Police Department will participate in the Minnesota Violent Crime/Fugitive Task Force (MVC/FTF) with the Federal Bureau of Inves[igations. The Saint Paul Police Departrnent will be reimbursed for overtime expenses. ADVAN7AGESIFAPPROVED The Saint Paul Police Department will continue to participate in the above mentioned federal task force with other federal and local agencies. DISADVANTAGESIPAPPROVED yo ' Yrfi," 9 �'•:,G�e"S�:°�^.mi ..+'.'.='y5'CC°S.i �.���ir None. l� � C �. �{ �� `� DISADVANTAGESIF NOTAPPROVED The Saint Paul Police Department will disconUnue its participation in this federal task force. TOTAL AMOUNT OF TRANSACTION $ 893.29/month per officer COST/REVENUE BUDGETED (CIRCLE ONE) YES NO FUNDING SOURCE FC(ICT� Bllt03ll O{ IIIV0Sr1g3t10II5 ACTIVIN NUMBER credit revenue to 04000 FINANCIAL INFORMATION (EXPLAIN)