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07-681Amended — August 1, 2007 Presented By: Referred To: RESOLUTION OF SAINT PAUL, MINNESOTA Council File # Green Sheet # O� �s�r 3041292 � '� 1 WHEREAS, the City of Saint Paul, Police Department, has entered into an agreement with Immigration and Customs 2 Enforcement (ICE); and 3 4 WHEREAS, this agreement provides funding for the reimbursement of overtime expenses and other law enforcement 5 expenses incurred by the Saint Paul Police Department related to joint operations to participate in activities 6 surroundine human traffickin2 issues: and 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 WHEREAS, a 2007 financing and spending plan needs to be established for these funds; and WHEREAS, The Mayor pursuant to Section ] 0.07.1 of the Charter of the City of Saint Paul, does certify that there are available for appropriation funds of $60,000 in excess of those estimated in the 2007 budget; and WHEREAS, The Mayor recommends that the following addition be made to the 2007 budget CURRENT BUDGET CHANGES 436-Police Special Projects Fund FINANCING PLAN: 34207 - Immigration & Customs Enforcement (ICE) 4399 - Services - N.O.C. Total Changes to Financing SPENDING PLAN: 34207 - Immigration & Customs Enforcement (ICE) 0141 - Overtime 0299 - Other Miscellaneous Services 0349 - Other Equipment & Parts Total Changes to Spending 60.000 60,000 53,300 4,900 1.800 60,000 AMENDED BUDGET 60,000 53,300 4,900 1,800 30 31 THEREFORE BE IT RESOLVED, that the Saint Paul City Council approves these changes to the 2007 32 budget. Yeas Absen[ � � Requested by Department of: Police By: Adopted by Council:Date: ��l✓ ; Adoption Certified by Council Secretary: By: Appr� By: ICE budget cr 2o07.xis Approval Reco ende by Fin ial Services: By: " Council File # RESOLUTION OF SAINT PAUL, MINNESOTA Presented By: Referred To: Green Sheet # v 7-�A 3041292 1 W�IEREAS, the City of Saint Paul, Police Department, has entered into an agreement with Iii�migration and Customs 2 Enforcement (ICE); and 3 4 WHEREAS, this ageement provides funding for the reimbursement of overtime expenses and other law enforcement 5 expenses incurred by the Saint Paul Police Department related to joint operations; and WHEREAS, a 2007 financing and spending plan needs to be established for these funds; and 9 WHEREAS, The Mayor pursuant to Section 10.07.1 of the Charter of the City of Saint Paul, does certify that there are 10 available for appropriation fixnds of $60,000 in excess of those estunated in the 2007 budget; and 11 12 WHEREAS, The Mayor recommends that the following addition be made to the 2007 budget: 13 14 CiJRRENT 15 BUDGET CHANGES 16 436-Police Special Projects Fund 17 FINANCING PLAN: 18 34207 - Immigration & Customs Enforcement (ICE) 19 20 21 22 23 24 25 26 27 28 29 4399 - Services - N.O.C. Total ChanQes to Financing SPENDING PLAN: 34207 - Immigration & Customs Enforcement (ICE) 0141- Overtime 0299 - Other Miscellaneous Services 0349 - Other Equipment & Parts Total Changes to Spending 60,000 60,000 53,300 4,900 1.800 60,000 60,000 53,300 4,900 1,800 30 THEREFORE BE IT RESOLVED, that the Saint Paul City Council approves these changes to the 2007 31 budget. Yeas Adopted by Council:Date: Absent Adoption Certified by Council Secretary: B Approved by Mayor:Date: By: � � by City for Submissiou to Council: AMENDED BUDGET ICE budget cr2007.xis Requested by Department of: � Green Sheet Green Sheet Green Sheet Green Shest Green Sheet Green Sheet � d � pp -raxe n�,��� ' Corttatt Pe�sort & Phone: Chief JOhn Harrington 266-5588 Doa Type: RESOLU710N W/$ TRANSAC E-Dowment Required: Y Document Contaet: Amy Brown 2&.,�N-0��� i Green Sheet NO: 3041292 � Assign Number For Routing order CoMact Phooe: 266-5507 , I Total # of Signature Pages _ (Clip AI! Lxations for Signature) 0 ;Pdice Deparlweut Pdice DeP2i��t 1 ar�enf PdiceDe ariment 2 inanoalServices Direcior ASnancialServi � � aCit9 Aito[u¢9 � �t9 AttOrne9 4 �Mayor's Og"ice I MaYOr s a I cti�r cmm�a � 6 ity Cierk City Qerk 7 oliceDe aNnent PdiceDe arlment Signatures on the atrached council resolu6on escablishing a 2007 fmancing and spending plau for ihe Immigraflon and Customs Enforcement {ICE) [ask force . iaanons: npprove (n) or r Planning Commission CIB Committee Civil Service Commission 7. Has this persoNfirm ever worked under a contract ior this tlepartment? Yes No 2. Has this persron/firtn ever been a city employee? Yes No 3. Does ihis person/firm possess a skill not norcnally possessetl by any cunent city employee? Yes No Explain all yes answers on separate sheet and attach to green sheet Initiating Problem, lssues, Opportun"Ry (Who, What, When, Where, Whyj: The Saint Paul Police Deparrment has entered into an agreement with ICE, this agreement provides funding for the reimbursement of overtime expenses and other law enforcement expenses occur�ed by the Saint Paul Police Deparanent related to joint operations. Advanqges N Approved: Opportunity to use funds for overtime expenses related to the joint operaGons of the task force. Disadvantages If Approved: None. Uisadvantages If NoT Approvetl: Lost opportunity to use fimds for ove.rtime expenses re]ated to joint operations of the [ask force. TrensaMion: Fundin9 Source: Financial Information: (Explain) � , ;.�°"" �; � �o-. �<4 " �''" � � ' �. �° `' � 3�,.s �" � .., .. � r�"Y i�.l Ilf CosVRevenue Budgeted: Activiry Number; 34207 � �� �� � �. e J P k".:�� L`il , r h�=a�ras:� JUl. 19 211�3 June 28, 2007 10:36 AM Page 1 c�a- \3Q�t.S �- D 7���'d MElV10RANDUM OF UNDERSTANDING (MOtn BETWEEN IMMIGRATION AND CUSTOMS ENFORCEMENT AND LOCAL, COLTNTY, OR STATE LAW ENFORCEMENT AGENCY FOR THE REIMBURSEMENT OF JOINT OPERATIONS EXPENSES FROM TAE TREASURY FORFEITURE FUND This Agreement is entered into by the St. Paul Police Deparhnent in St. Paui, Minnesota (NCIC CODE #__) and lirunigration and Customs Enforcement (ICE}, SAC St. Paui for the purpose of the reimbursement of costs incurred by the St. Paul Police Department in providing resources to joint operations/task forces. Payments may be made to the extent they are included in the ICE Fiscal Yeaz Plan, and the money is available within the Treasury Forfeiture Fund to satisfy the request(s) for the reimbursement of overtime expenses and other taw enforcement e�penses 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 untess explicitly terminated, in writing, by either party. II. AUTHORITY This Agreemant is established pursnant 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, county, and state law enforcament agencies as participants of joint operations/task forces with a federal agency participating in the Treasury Forfeiture Fund. III. PURPOSE OF TFIIS AGREEMEIYT This Agreement establishes the responsibilities of both parties and Yhe procedures for the reimbursement of certain overtime expenses and other law enforcement expenses pursuant to 31 USC 9703. N. APPLICABILITY OF TAIS AGREEMENT This agreement is valid for all joinY investigations led by ICE SAC St. Paul, witI� the participation of the St. Paul Police Department and until terminated, in writing, by either party. V. TERMS, CONDITIONS, AND PROCEDURES 0�-�8� -2- A. Assignment of Officer(s) To the masimum extent possible, the St. Paul Police Department shall assign dedicated officers to any investigation or joint operation. Included as part of this Agreement, the St. Paul Police Department shall provide the ICE SAC St. Paul with the names, titles, four last digts of SSNs, badge or ID numbers, and hourly overtime wages of the officer(s) assigned to the joint operation. This inforxnation must be updated as necessary. B. Submission of Requests for Reimbursement (Invoices) and Supporting Documentation The St. Paul Police Department may request the reimbursement of overtime salary expenses directly related to work on a joint operation with ICE SAC 5t. Paul performed by its officer(s) assigned to this joint operation. In addition, the St. Paul Police Departrnent may request reimbursement of other investigatzve 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 Department maV 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 check. To receive reimbursement payments, the St. Paul Police Department must ensure that Customs and Border Protection, National Finance Center (CBP/NFC) has a current ACH Form on file with the agency's bank account information, for the purposes of Electronic Funds Transfer. The ACH Form must be sent to the following address: CBP National Finance Center Attn: Forfeiture Fund 6026 LAKESIDE BLVD. INDIANAPOLIS, IN 46278 If any changes occur in the law enforcement agency's bank account information, a new ACH Form must be filled out and sent to the CBP/NFC as soon as possible. -3- d � ��0 3. Jn order to receive the reimbursement of officers' overtime and other expenses relafed to joiat operarions, the St. Paui Police Department must submit to ICE SAC St. Paul the TEOAF Form "I.ocal, Counry, and State Law Enforcement Agency Request for Reimbursement of Joint Operations Expanses {Invoice)", signed by an authorized representative of that agency and accompanied by snpporting documents such as copies of time sheets and receipts. 4. The St. Paul Police Department remains fully responsible, as the employer of the officer(s) assigned to the investigation, for the payment of overtime salaries and related benefits such as tax withholdings, insurance coverage, and all other requirements under the law, regulation, ordinance, or contzact, regazdless of the reimbursable overtime charges incurred. Txeasury Forfeiture Fund reimburses overtime salaries. Benefits are not reimbursable. 5. Tha maacimum reimbursement entitlement foz overtime worked on behalf of the joint investigation is set at $I5,000 per officer per year. The St. Paul Police Department will submit all requests for the reimbursament of joint oparations' expenses to ICE SAC St. Paul, at the following address: US Immigration and Customs Enforcement, Attn. Daniel Faflak, Group Supervisor, 2901 Metro Drive, Suite 100, Bloomington, Minnesota 55425, Ph. 952-853-2702. VI. PROGRAlV1 AUDIT This Agreement and its provisions are subject to audit by ICE, the Department of the Treasury Office of Inspector General, the Generai Accounting Office, and other government designated auditors. The St. Paul Police Deparhnent agrees to permit such audits and agrees ta maintain al] records relating to these transactions 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 inciude reviews of any and aii records, documents, reports, accounts, invoices, receipfs of expenditures related to this agreement, as well as interviews of any and ali personnel involved in these transacrions. VII. REVTffiONS v7 �a� The terms of this Agreement may be amended upon the written approval by both parties. The revision becomes effective on the date of approval. VIII. NO PRIVATE RIGHT CREATED This is an intemal govemment agreement between the ICE SAC St. Paul and the St. Paul Police Deparhnent, and is not intended to confer any right or benefit to any private person or party. Signatures: , !`-ti- �';., ,��� '- .��� - v �� -- �-_._ Mark Cangemi, Special �,g�n in Charge SAC St. Paul OI US Immigration and Customs Enforcement Date: E fZ � � c�,6 � � Jo,Kn M. Harrington, Police Ckuef S�f Paul Police Department St. Paul, Minnesota �� Cit torney � "� Date: �;�i�,s'/ . ..,-_�� _ _ ;, , Mayor