08-1016Cou ncil File # ������_- -
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-- — — — -- �rsen 5heef �€ 3058546
Referred To:
RESOLUTION
OF SAINT PAUL, MINNESOTA
1 WI�REAS, the City of Saint Paul, Police DeparCZnent, has entered into an agreement with Immigration and Customs
2 Enforcement (ICE} (#02-13945-n; and
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4 WHEREAS, this agreement provides funding for the reimbursement of overtime expenses and other taw enforcement
5 expenses incurred by the Saint Paul Police Department related to joint operations to participate in activities
6 surrounding human uafficldng issues; and
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WI�REAS, a 2008 financing and spending plan needs to be established for these funds; and
WHEREAS, The Mayor pursuant to Section 10.07.1 of the Charter of the City of Saint Paul, does certify that [here are
available for appropriation funds of $15,000 in excess of those estimated in the 2008 budget; and
WHEREAS, The Mayor recommends that the following addition be made to the 2008 budget:
CURRElYT AMENDED
SUDGET CHANGES BUDGET
436-Police Special Pro,jects Fund
FINr1NCING PLAN:
34207 - Immigration & Customs Enfarcement (ICE)
4399 - Services - N.O.C.
Total Changes to Financin�
SPENDING PLAN:
34207 - Immigration & Customs Enforcement (ICE)
0141 Overrime
0439 Fringe Benefit
0449 Workers Comp
0389 Other Miscellaneous Supplies
Total Changes to Spending
0 15,00a 15,000
0 15,000 15,000
0
0
0
—�_
11,895
1,63Q
475
1.000
15,000
11,895
1,630
475
�bii'6�
>
31 THEREFORE BE IT RESOLVED, that the Saint Paul City Council approves these changes to the 2008
32 budget.
Yeas �� Nays �� Absent
Requested by Department of:
By:
Adopted by Conncil:Date: qf/p'`��
Adoption Certified by Council Secretary:
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�ppr
�y:
Apprhdal Recommended Uy Fina cial Se •'ces:
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By:
For
By:
Ap�
By:
ICE Budget CR 2008 xls
en $heet
P p -po�;�Dep�„e�� ; 2,-A��-oB ; Green Sheet NO: 3058546
� Contact Person & Phone• � � Department Sent To Person InitiailDate
, Chief John Harrington � ', 0 Police Depar[ment � Police Deparhnent
Zsf'S586 � Assign � 1 PoticeDeparm�ent PoliceDepartment _
� Must 6e o� Council Agenda 6y (Date): ', Num6er Z Citv Attornev City AKOrney ' ✓ �
For
' Routing 3 avor's Office Mavor
i Doc. Type: PUBLIC HEARING (RESOLUI � Order �� ,
, 4 Coancil Council _ ,
� i 5 City Clerk i City Clerk
�, E-Document Required: Y �� — �
� Document Contact: Evette Scarver �� ' 6 olice Deoartment Police Department __
ConWct Phone: 266-5547
Total # of Signature Pages _�_ (Clip Aif Locations for Signature)
Signatures on the attached council resolution establishing a 2008 financing and spending plan for the Immigration and Customs
Enforcement (ICE) task fozce.
iaauons: Hpprove �H� or K
Planning Gommission
CIB Committee
Crvil Service Commission
1. Nas this personlfirm ever worked under a contrect for this depadment�
Yes No
2. Has this person/frm ever been a city employee?
Yes No
3. Does this person/firm possess a skill not nottrtalty possessed by any
current city employee?
Yes No
�', I Explain all yes answers on separete sheet and altach to green sfieet
__--._—._.___'__ — —._^_ _—__._ _._
�� Initiating Problem, Issues, Oppoduniry (Who, What, When, Where, Why):
j The Saint Paul Police Department has eotered into an agreement with ICE, this agreement provides funding for Yhe reimbursement of
� overtime expenses and o[her law enforcement expenses occurred by the Saint Paul PoLice Department related to joint operations.
i
�I Advantages If Approved:
�� Oppor[unity to use funds for overtime expenses related [o the joint operations of the [ask force.
�
m u�,��� �r �Q
Disadvantages If Approved:
None.
AU� 2'� 2Q�8
.S�A°7'9.�_A`�eY��A@6�@,6 �
�i Disadvantages If Not Approved: �� ��������� -- I
' Lost opportunity to use funds for overtime expenses related to joint operations of the task force. i
�Transaction: $15,000.00
Funding Source: 436
Financial Information:
(Explain)
Cost/Revenue Budgeted:
Activity Number: 3420�
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August 21, 2008 120 PM Page 1
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_- — -- � "Codncii File # �
Green Sheet # 3030731
RESOLUTION . — _
�
Referred To: Committee:Date:
1 RESOLVED, that the City of Saint Paul, Police Department, is authorized to enter into the attached
2 memorandum of nnderstanding with Immigration and Customs Enforcement (ICE) for the
3 reimbursement of joint operations eapenses from the treasury forfeiture fund. A copy of said
4 agreement is to be kept on file and on record in the Office of Plnancial Services.
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Requested by Department of:
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by City Attorney:
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a Fs'
Approved b�
By:
Appr e y ayor for Submission to Council:
sy: �
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Adoption Certified by Council Secretary: -`' ,''
Bq� ��A�e f .�.�{�� � . �
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#ii'�I�ti'�iTION AND CLTSTOMS ENFORCEMENT AND LOCAL,
COUN'I`Y, OR STATE LA'F7V ENFORCEMENT AGENCY FOR TF�E
REIMBURSEMENT O£ J�INT OPERATIONS EXPENSES FROM
THE TREA4URY FORFEITUI2E FUND
This Agreement is entered into by tne St. Paul Police Depariment in St. Paui, Minnesota
(NCIC CODE #!) and Immigration and Customs Enforcement (TCE), SAC St. Paul
for the purpose of the reimbursement of costs incuned by the St. Paul Police Department
in providing resources to joint operationslYask forces.
Payments may be made to the extent they are inciuded in the ICE Fiscal Year Plan, and
the money is available within the Treasury Farfeiture Fund to satisfy the request(s) for
the reimbursement of overtime expenses and other law enforcement expenses related to
joittt operations.
L LIFE OF THIS AGRE�MENT
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
TYris 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 expensas incu,-red hy local, county, and state law enforcement agencies as
participants ofjoint operations/task farces with a federal agency participating in the
Treasury Forfeiture Pund.
III. PURPOSE OF TffiS AGREEMENT
This Agreernent estabIishes the responsibilities of both parties and the procedures for
the reimbursemenC of certain overtime expenses antl other law enforcement expenses
�ursuaat tc 31 US� 97C3.
N. APPLICABILITY dF'TI�IS AGREEMENT
This agreement is valid far all jeint investigations led by ICE SAC St. Paul, with the
narticipation of the St. Paul Police Departrnent and untii terminated, in writing, by
either party.
V, TER11�5, CONDITIONS, R1�1D PROC�I?URES
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A. Assignmexzt of Officer(s)
To the maximum extent possible, the St. Paui Police Department shall
assign dedicated offcers to any investigarion or}oint operation.
Included as part of t?us Agreement, the St. Pau1 Poiice Department shall
provide the ICE SAC St. Paul with the names, titles, four last digiYs of
SSNs, badge or ID r_umbers, and hourly overtime wages of the officer(s)
assigned to the }oint.opexation. This information must be updated as
neaessary.
B. Submissiom of Reqnests for Reimbnrsement (Tnvoices) and
Supporting Documentation
The St. Paul Police Department may request the reim6ursement of
overtime salary expenses directly related to work on a joint operation
with ICE SAC St. Paul performed by its officer(s) assigned to tlus
joint operation. In addition, the St. Paul Police Depariment may
reqnest reimbursement of other investigative expenses, such as travel,
fuel, training, equipment and other similar costs, incurred by officer(s)
assigned as members ofthe 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
reinbursement puyments, the St. Paul Police Department must ensure
that Customs anci Border Protection, National Finance Center
(CBP,rnTFC) has a canent ACH Fcrm-on file with the agency's ha�-ik
account information, for the pnrposes ofElectronic Funds Transfer.
The ACH Form must be sent to the following address:
CBP National Fit�ance Center
Attn: Forfeiture Fund
6025 LAKESIDE BLVD.
it�vItli�larOLIS, IlV 4627&
if any changes oecur in the iaw enforcement agency's banic accouni
information, a new ACH Form must be filled out and sent to the
CBP/NFC as soon as possible.
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3. In order to receive the reimbursement of officers' overtime and other
expenses related to joint operations, the St. Paui Police Department
must submit to ICE SAC St. Paul the TEOAF Form "Local, County,
and State Law Er�forcement Agency Request for Reimbursement of
3oint Operarions Expenses (Invoice}", si�aeci by an authorized
representative of ihat agency and accompanied by suoporting
documents such as copies of time sheets and receipts.
4. The St. Paul Poliee Department remains fully responsib?e, as the
employer of the qfficer(s) assigned to the investigation, for the
payment of overtAme salaries and related benefits such as tas
withholdings, insurance coverage, and all other requirements under the
law, reguiation, ordinance, or contract, regardless of the reimbursable
overtime charges incurred. Treasury For£eiture Fund reimburses
overtime salaries. Benefits ate not reirribursable.
5. The maximum reimbursement entitlement for overtime worked on
behalf of the joini. investigation is set at $15,000 per officer per year.
6. The St. Paul Police Department will submit all requests for the
reimbursement oY joint operations' expenses to ICE SAC St. Paul, at
the following add-ess: US Immigrafion and Customs Enforcement,
Attn. Daniel Faflak, Group Supervisor, 2901 Metro Drive, Suite 100,
Bloomington, Minnesota 55425, Ph. 952-853 �702.
VI. PROGRAM ATJDIT
This Agreement and its provisions are suh}ect to audit by ICE, the Departrnent
ofthe Treasury Office of'Inspect�r General, the Generat Accounting Office,
and other govemment designated auditors. The St. Paul Police Department
agrees to permit such au�its and agrees to maintain ali records relating to
tl7ese transactions for a period not less than tluze years; and in tt�e event of an
on-going audit, until the audit is completed.
These audits may includE reviews of an}� and a11 recerds, docnments, reperts,
acccunts, invcices, receipts af expenditures :elated to this agreeriant, as well
as iuterviews of any and ill personnel involved in these transactions.
VII. REVTSIONS
becomes effective on the date of approval.
VIII. NO PRIV ATE RTGHT CREATED
��I6/1�
This is an internal gove:zunent agreement befween 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:
J i
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I�" '�V� Ii �� ��� t ,.�L-/VV�
Mark Cangemi, Special in Charge
SAC St. Paul OI
US Immigration and Customs Enforcement
Date: � � � O,E
/ �
Jo}in M. Harrington, Police Chief
� Paul Police Department
St. Paul, Minnesota
Date:
^ �,
Cit torney
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