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06-559Council File # RESOLUTION OF SAINT PAUL, MINNESOTA Presented By: Green Sheet # �� 3030731 � Referred To: Committee:Date: 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. 29 30 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 � 0� '35� 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. � � ��r Disadvantaqes If Approved: None. JUN 0 5 Za06 .. � ... :A, . `., a 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 �� � S� 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 � s� -2- 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. -3- ob-��9 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 o� -s.� � 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: i f- < ��� Mazk Cangemi, Special Agent in Charge SAC St. Paul OI US Iminigration and Customs Enforcement Date: f `�. �� i �'.. � ,f ,� ohn M. Harrington, Chief of Police St. Paul Police Department St. Paul Minnesota 5 -;�r c�� Date: � ,, �Cy Attorney � � rf ` \` � i \ � :,` J : •\ i Di 'nanciai Services f � Mayor