06-559Council File #
RESOLUTION
OF SAINT PAUL, MINNESOTA
Presented By:
Green Sheet #
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3030731
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Referred To: Committee:Date:
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RESOLVED, that the City of Saint Paul, Police Department, is autharized to enter into the attached
memorandum of understanding with Immigration and Customs Enforcement (ICE) for the
reimbursement of joint operations expenses from the treasury forfeiture fund. A copy of said
agreement is to be kept on file and on record in the Office of Financial Services.
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Yeas
Adopted by Council: Date:
Adoprion Certified by Cou
By:
Approved by a r: ��
B :
Absent
Secretary: `
Requested by Department of:
by City Attorney:
Q:\Fiscal�AO&CR�2006\ICE SAC 7ask Force agreement.cr2006.x1s
Appro e y ayor for Submission to Council:
By:
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
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DeparhnenUoffice/council: Date Initiated:
Po -p���e��t „-�,Y-06 Green Sheet NO: 3030731
Contact Person 8, Phone: Deoartrnent Sent To Person InitiallDate
Chief John Hartington � 0 Ii nt
Must Be on
Number
For
Routing
Order
2 i ial e'c Dire r Fn nci 1
3 i Attorne Cih Attornev _�
4 or's ce or
5 ouncd Council
6 i Clerk Cti lerk
7 olice De artment Police De artment
Total # of Signature Pages _(Clip All Locations for Signature)
Action Requested•
Signatpres oa the attached council resolurion authorizing the City of Saint Paul, Police Depaztment, to enter into the attached
memorandum of understanding with lmmigrafion and Customs Enforcement (ICE) for the reunbursement of joint operation expenses
from the treasury forfeiture fund.
RecommendaUons: Approve (A) or Reject (R):
Planning Commission
CIB Committee
� Civil Service Commission
Personal Service Contracts Mus[ Mswer the Following Questions:
1. 41as this person/firm ever worked under a contract for this department?
Yes No
2. Has this person/firm ever been a city employee?
Yes No
3. Does this person/firm possess a skill not normally possessed by any
current city employee?
Yes No
Explain all yes answers on separate sheet and attach to green sheet
Initiating Problem, Issues, Opportunity(Who, What, When, Where, Why):
The attached agreement establishes the responsibiliries of both parties and the procedures for the reunbursement of joint
operations/task force overtime expenses and other law enforcement expenses. For more informarion regarding this counci] resolution
please give Amy Brown a call at 651-266-5507.
Advantages If Approved:
Abiliry to work with ICE and exchange information that will unprove investigations.
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Disadvantaqes If Approved:
None.
JUN 0 5 Za06
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Disadvantageslf Not Approved:
Lost oppoihmity for reunbursement from ICE for costs incurred by the Saint Paul Pohce Department in providing resources to joint
operations/task forces.
of
Fundina source: Immigration and
Financial Information: Customs Enforcement
(Explain)
CosURevenue 9udgetetl:
Activity Number: 04000
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MF1VIpRANDUM OF UNDERSTANDING (MOin BETWEEN
IMIVIIGRATION AND CUSTOMS ENFORCEMENT AND LOCAL,
COUNTY, OR STATE LAW ENFORCEMENT AGENCY FOR THE
RFTMRUR ,��EME1YT OL Tn1NT OP�RATIOL�T$ EXPENSES FROM
THE TREASURY FORFEITURE FUND
This Agreement is entered into by the St. Paul Police Departtnent in St. Paui, Minnesota
(NCIC CODE #_� and Immigration and Customs Enforcement (ICE), SAC St. Paul
for the purpose of the reunbursement of costs incurred by the St. Paul Police Department
in providing resources to joint operarions/task forces.
Payments may be made to the extent they aze included in the ICE Fiscal Yeaz Plan, and
the money is available within the Treasury Forfeiture Fund to satisfy the request(s) for
the reimbwsement of overtizne expenses and other law enforcement expenses related to
joint operations.
I, LIFE OF THIS AGREEMENT
This Agreement becomes effective on the date it is signed by both parties. It remains
in force unless explicitly terminated, in writing, by either party.
II. AUTHORITY
This Agreement is established pursuant to the provisions of 31 USC 9703, the
Treasury Forfeiture Fund Act of 1992, which provides for the reimbursement of
certain expenses incurred by local, cbunty, and state law enforcement agencies as
participants of joint operations/task forces with a federal agency participating in the
Treasury Forfeiture Fund.
III. PURPOSE OF TffiS AGREEMENT
This Agreement establishes the responsibilities of both parties and the procedures for
the reimbursement of certain overtime eacpenses and other law enforcement expenses
pursuant to 31 USC 9703.
N, APPLICABILIT'Y OF THIS AGREEMENT
Tl�is a�eement i� valid ior ail joint i�vesiigaiions icc� by i�E SHC St. Paui, with tne
participation of the St. Paul Police Department and unril temunated, in writing, by
either party.
V. TERMS, CONDPTIONS, AND PROCEDURES
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A. Assignment of Officer(s)
o e maximu�l e�nt�sossibt , .
assign dedicated officers to any investigation or joint operarion.
Included as part of this Agreement, the St. Paul Police Depattment shall
provide the ICE SAC St. Paul with the names, titles, four last digits of
SSNs, badge or ID numbers, and hourly overtime wages of the officer(s)
assigned to the joint operation. This information must be updated as
necessary.
B. Submission of Requests for Reimbursement (Invoices) and
Supporting Documentation
The St. Paul Police Deparhnent may request the reunbursement of
overtime salary expenses d'uectly related to work on a joint operation
with ICE SAC St. Paul performed by its officer(s) assigned to this
joint operation. In addition, the St. Paul Police Department may
request reimbursement o£ other investigative expenses, such as travel,
fuel, training, equipment and other similar costs, incurred by officer(s)
assigned as members of the designated joint operations with the ICE
SAC St. Paul.
The St. Paul Police Depattment ma not request the reimbursement of
the same expenses from any other Federal law enforcement agencies
that may also be participating in the investigation.
2. Reimbursement payments will not be made by eheck. To receive
reimbursement payments, the St. Paul Police Department must ensure
that Customs and Border Protection, Narional Finance Center
(CBP/NFC) has a cunent ACH Form on file with the agency's bank
account informarion, for the purposes of Electronic Funds Transfer.
The ACH Form must be sent to the following address:
CBP Nadonal Finance Center
Attn: Forfeiture Fund
6026 I,AKESIDE BLVD.
INDIANAPOL15, IN 46278
If any changes occur in the law enforcement agency's bank account
EIIfOZii13�16i1� n RcJJ c�i�i1 i�viul Iii�i �i3Z ifil8u Giit ais(�i Sciit i u1Z
CBP/NFC as soon as possible.
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3. In order to receive the reimbursement of officers' overtime and other
eapenses related to joint operations, the St. Paul Police Department
„ � �ttbmit te �G�SAE . " �
and State Law Enforcement Agency Request for Reimbursement of
Joint Operations ExPenses (Invoice)", signed by an authorized
representative of that agency and accompanied by supporting
documents such as copies of time sheets and receipts.
4. The St. Paul Police Depazhnent remains futly responsible, as the
employer of the officer(s) assigned to the investigation, for the
payment of overtime salaries and related benefits such as taac
withholdings, insurance coverage, and all other requirements under the
law, regulation, ordinance, or contract, regardless of the reimbursable
overtime charges incurred. Treasury Forfeiture Fund reun�urses
overtime salaries. Benefits are not reimbursable.
5. The maximum reimbursement entitiement for overtime worked on
behalf of the joint investigation is set at $15,000 per officer per year.
6. The St Paul Police Department will submit all requests for the
reimbursement of joinf operations' expenses to ICE SAC St. Paul, at
the following address: US Immigrarion and Customs Enforcement,
Attn. Daniel Faflak, Group Supervisor, 2901 Metro Drive, Suite 100,
Bloomington, Minnesota 55425, Ph. 952-853-2702.
VI. PROGRAM AUDIT
This Agreement and its provisions aze subject to audit by ICE, the Depaztment
of the Treasury Office of Inspector General, the General Accounting Office,
and other govemment designaied auditors. The St. Paul Police Department
agrees to pemvt such audits and agrees to maintain all records relating to
these transacrions for a period not less than three years; and in the event of an
on-going audit, until the audit is completed.
These audits may include reviews of any and all records, documents, reports,
accounts, invoices, receipts of expenditures related to this agreement, as well
as interviews of any and all personnel involved in these iransactions.
VII. REVISION3
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The terms of this Agreement may be amended upon the written approval by
both parties. The revision becomes effective on the date of approval.
NO PRNATE RIGHT CREATED
This is an internal govemment agreement between the ICE SAC St. Paul
and the St. Paul Police Department, and is not intended to confer any right
or benefit to any private party.
SIGNATURES:
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Mazk Cangemi, Special Agent in Charge
SAC St. Paul OI
US Iminigration and Customs Enforcement
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ohn M. Harrington, Chief of Police
St. Paul Police Department
St. Paul Minnesota
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Date:
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�Cy Attorney � �
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Di 'nanciai Services
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Mayor