10-140Council File #16 — /�D
Green Sheet #3092776
RESOLUTION
CITY OF SA�[VT PAUL, MINNESOTA 9
Presented
1 RESOLVED, that the City of Saint Paul, Police Department is authorized to enter into the attached Joint
2 Powers Agreement with the United States Marshals Service (USMS) to participate in the District of MN
3 Fugitive Task Force (DTF). A copy of said agreement is to be kept on file and on record in the Office of
4 Financial Services.
Bostrom
Carter
Harris
Thune
by
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Adopted by Council: Date °�//!l�/J Approv�fl 6y�G�aydr/f�r Sub�}�sion to Council
Adoption Certified b Counc' Secretary By:
BY� / / //1/O��/ //i�lJ
Approp y o• Date �(o
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� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Gresn Sheet �
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Depar[ment/Office/Council: '� Dafe initiated: ��
Pp Police Department ; z, oE�2oo9 Green Sheet NO: 3092776
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� Deoartment Sent To Person InitiallDate
Contact Person & Phone: - �----------- ---- ----- - -- ,
GhiefJohnHarrin9ton � o PoLCeDepartmeot____._ .__ . _ PoticeDeparhueuc___
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266-5588 ' 1 PohceDepartment_ _ __ ', P _ '�
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Must Be on Council Agenda by (Date): ', Number Ty e -�� � � �
3 Financial Sernces _ __ _ __ ' � � _ � IDrector, FSO _ _
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-____ __ -__ _ ____--__ __ _, Routing � 4 Mayor•sOffice. __— --_-- ,- _
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Doc.T RESOLUTION �I Order 5 Cooncil______ ,___ _ __Council _ _
y �� � , 6 Cdy Clerk__ _ City Clerk ___ __
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>_- ____-_-_ -_____.. �_'___-___ __-. _:'__ ,
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i 7 Potice Department _ _ J _ _ _ P4GCe Department_ _ � ___ _ _
E-DocumentRequired: Y I �'
Document Contact: Evette Scarver ��
, ConWCt Phone: 266-5541 '�
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, Total # oF Signature Pages! (qip All Locations for Signature)
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4 Action Requested:
'� Signatures on the attached council resolution authorizing the City of Saint Paul, Police Deparhnent to enter into the attached Joint
Powers Agreement with the United States Mazshals 5ervice (USMS).
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Recommendations: Approve (A� or Rejeet (R):
Planning Commission
CIB Committee
Civil Service Commission
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�� �� Personaf Service Cortraats PAust Answer the Fullowing Questions:
I � 1. Has this persoNfirm ever worked under a contract for this department?
� Yes No
i
� 2. Has this persoNfirm ever been a city employee?
I ' Yes No
3. Does this person/firm possess a skill not normally possessed by any
current city employee?
Yes No
' � Explain all yes answere on separete sheet and attach to green sheet.
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�Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
; The City of Saint Paul, Police Deparhnent will participate in the Distcict of MN Fugitive Task Force with the USMS to assist in the
�i apprehension of fugitives. The USMS will reimburse the City of Saint Paul, Police Deparhnent for overtime hours worked.
i
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� pdvantages If Approved:
�! Opportunity to partnership with outside agencies to apprehend fugitives.
� Disadvantages If Approved:
� None.
�I � DisativanWges If Not Approved:
I Lost opportunity to partnership with outside agencies to apprehend fugirives.
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Totai Amount of
'i, �' � ..(7��� � CosURevenue Budgeted:
� Transaction:
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Fundi�y source: United tates Marshals Service qctiviry Number.
, Financiallnformation:
I (ExPlain)
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December 21, 2009 226 PM Page 1
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Obligation Number:
D41-10-0444
FISCAL YEAR 2010
?v�iv_ro�An�nuM oF uNn�us�Asv�axc
JOINT LAW ENFORCEMENT OPERATIONS
Memorandum of Understanding (MOi� between:
St. Paul Police Department
And
United States Marshals Service
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The purpose of this MOU notice is to obligate funding for state and local agencies to
purchase fuel and retrofitting for vehicles provided with Asset Forfeiture funding, pursuant to the
Memorandum of Understanding (MOU) between the Marshals Service and
St. Paul Police Department.
Period of Performance: October 6, 2009 to September 30, 2010
FY 2010 Appropriation Data:
D41 5042X JLEOTFS 4 soc 2607 (Fuel obligation) $ 6,000
D41 5042X JLEOTFS 4 soc 2544 (Retrofitting obligation) $ 5,000
State and local agencies are to purchase fuel and retrofitting for vehicles provided to support
joint law enforcement operations and Marshals Service fugitive task forces. A total of
$ 6,000 is provided for each vehicle for fuel. A total of $ 5,000 is provided for
each vehicle for retrofitting. Upon receipt of a proper invoice for these purchases, the Marshals
Service will reimburse the state and local agencies for these expenses.
��,�.P.a,,, v�
Certification of Funds Available: Sharon Eliason ����
Sharon Eliason
Admin Officer
District of Minnesota - D41
MOU Authorization: �� f��
Chris Kawaters
Deputy or RFTF Commander
Representative
11/12/09
Date
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,'Date
/ Da� �
Form USM-607
Rev.11/09
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U.S. Department of Justice
United States Marshals Service
Minnesota Disfrict
Minneapolrs, MN 55495
MEMORANDUM OF IJNDERSTANDING
U. S. Marshals Service District of NIN
Fugitive Apprehension Task Force
November 16, 20Q9
This memorandum of Understanding (MOU) is entered into by the Saint Paul Police
Department and tLe United States Marshals Service (USMS) pursuant to the Presidential
Threat Protection Act of 2000 (Public L. 106-544, § 6, December 19, 2000, 114 Stat. 2718,
28 U.S.c. § 566 note). The Presidential Threat Protection Act of 2000 provides that, "the
Attorney General shall, upon consultation with appropriate Department of Justice and
Department of the Treasury law enforcement components, establish permanent Fugitive
Apprehension Task Forces consisting of Federal, State, and local law enforcement authorities
in designated regions of the United States, to be directed and coordinated by the United
States Mazshals Service, for the purpose of locating and apprehending fugitives."
1. Period of Performance: This MOU may be renewed annually based on written
notification from the USMS, on or about October 1 of each new fiscal year. Participating
agencies may withdraw their participation after providing 30 days advance written notice to
the Chief Deputy or Task Force Coordinator. Subject to availability of funds, this MOU will
be renewed annually based on written notification from the U.S. Mazshals Service.
2. Reimbursement: The Marshals Service receives Asset Forfeiture funding for either 1)
overtime incurred by state and local investigators who provide full time support to Marshals
Service district fugitive apprehension task forces; or 2) travel, training, purchase ar lease
of police vehicles, fuel, supplies or equipment for state and local investigators in
direct support of state and local investigators. The USMS X shail o shall not reimburse
your organization for expenses incuned, depending on which category of funding is
provided. An MOU must be signed and executed on or prior to the date of the Purchase
Order which is the obligating document.
Reimbursement of overtime work shall be consistent with the Fair L,abor Standards Act.
Overtime per law enforcement officer is capped at no more that $16,903 per year.
Reimbursement of for all types of expenses as defined above shall be contingent upon the
submission of a proper invoice which shall be submitted on a quarterly fiscal year basis, and
which provides the names of the investigators who incurred overtune for the district fugirive
apprehension task force during the quarter; the number of overtime hours incurred; the
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hourly regular and overtime rates in effect for each investigator, and the total quarterly cost.
The invo9ce should be submitted to the USMS Chief Deputy or Task Force Coordinator, who
will review the invoice, stamp and sign indicating t$at services were received and that the
invoice is approved for payment. Invoices for equipment, supplies, training, fue1, and
vehicle lease should provide supporting documentation including receipts.
Group supervisors are responsible for scheduling the duty hours of the personnel assigned to
their group, subject to the supervision of the Task Force Coordinator and the availability of
compensation.
Agencies within the Dishict may join the task force at any tune with the consent of the
USMS and after consultation with the Task Force Advisory Committee. Agencies that wish
to join will sign a copy of the existing MOU for the District. The addirion of agencies to the
District Task Force is contingent upon the availability of funds each fiscal year.
3. Personnel and Supervision; The district task force will consist of law enforcement and
administrative personnel from federal, state, and local enforcement agencies. Each
participating agency may agree to assign at least one full-time law enforcement officer to the
task force or conduct operations in an ad-hoc basis. Additional law enforcement o�cers may
assist with iask force operations as necessary.
Airection and coordination of the district task force shall be the responsibility of the USMS
Chief Deputy. Subject to the needs of the task force, participating agencies may assign
supervisory personnel to serve as group supervisors within the task force. Each group
supervisor will be responsible for the operational supervision of a multi-agency group of
federal, state, and local law enforcement officers assigned to the task force. The current task
force, if applicable, will be integrated within the district fugitive task force to formulate a
joint task force with a greater scope of responsibility and wider area of coverage.
Administrative matters which are internal to the participating agencies remain the
responsibility of the respective agencies. Furthermore, each agency retains responsibility for
the conduct of its personnel.
4. Task Force Advisory Committee: A Task Force Advisory Committee, consisting of
representatives of each participating agency, shall meet and confer as necessary to review and
address issues concerning the district task force.
5. Vehicles and Equipment: Any vehicles, equipment, credentials, or other items issued to
task force personnel by the USMS shall remain the properiy of the USMS at ail times.
Govemment vehicles shall be used only for o�cial purposes and solely far the use in the
performance of the task force. They shall not be used for transportation between residence
and place of employment.
Any other equipment used by or assigned to task force officers will remain the property of
the agency issuing the equipment and will be returned to that specific agency upon
termination of the task force or upon agency request. Equipment and supplies purchased by
the state and ]ocal agencies in support of full time state and local investigators assigned to
the district fugitive apprehension task force will remain the properiy of that state or local
agency.
Pending the availability of funding, each participating agency agrees to furnish one vehicle
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lol�y�
for use by the task force for each law enforcement ofFicer assigned to the task force (unless a
USMS owned or leased vehicle is assigned to the officer). Each agency is responsible for the
fuel, maintenance and other expenses associated with the use of its vehicles. Pending the
availability of funds and equipment, the USMS will issue USMS radios to each task force
officer. Each participating agency agrees to provide mobile and/or handheld radio equipment
capable of communicating on their law enforcement radio network. Pending the availability
of funds, the USMS will futnish cellulaz telephones to be used for o�cial district task force
business.
6. Background Investigations and Special Deputafion: Personnel assigned to the task
force may be required to undergo background investigations in order to be provided access to
USMS offices, records, and computer systems. In the event that such background
investigations aze xequired by the USMS for state or local personnel, the USMS shall bear
the costs associated with those investigations. Non-USMS law enforcement o�cers assigned
to the task force will be deputized as Special Deputy U.S. Marshals.
7. Records, Reports, and Evidence: Original reports of investigation, evidence, and other
investigative materials generated, seized, or collected by the dish fugitive task force shall
be retained by the agency in the district fugitive task force responsible for the case. However,
evidence may be turned over to other law enforcement agencies as appropriated. Copies of
invesrigative reports and other materials may be provided to other agencies in accordance
with applicable laws, rules, and regulations. Task force statistics will be maintained in the
USMS Warrant Information Network (WII�. Staristics will be made available to any
participating agency upon request.
8. Referral and Assignment of Cases: Each participating agency agrees to refer cases for
invesfigation by the district fugitive task force. Upon receipt of a written request, the district
fugifive task force may also assist non-participating law enforcement agencies in locating
and arresfing their dangerous fugitives. Task force personnel will be assigned federal, state,
and local fugitive cases for investigation. Investigative teams will consist of personnel from
different agencies whenever possible. Each participating agency retains responsibility for the
cases they refer to the district fugitive task force.
9. NCIC Entries: Federal fugitive cases referred to the task force for investigation by any
participating agency will be entered into the National Crime Information Center (NCIC) by
the USMS or originating agency, as appropriate. State or local fugitive cases will be entered
into NCTC (and other applicable state or local lookout systems) as appropriate by the
concerned state or local agency.
10. Travel: Task force personnel may be required to travel outside of the jurisdiction to
which they aze normally assigned in furtherance of task force business. State or local task
force officers traveling on official business at the direction of the USMS shall be reimbursed
directly by the USMS for their travel expenses in accordance with applicable federal laws,
rules, and regulations.
11. Informants: Pending availability of funds, the USMS may provide funding for the
payment of informants. However, all payments of informants urilizing USMS funding shall
comply with USMS policies and procedures concerning confidential informants and
protected sources.
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12. Use of Firearms and Deadly Force: All members of the disirict fugitive task force shall
comply with their agency's guidelines conceming the use of fireanns and deadly force.
Copies of all applicable firearms and deadly force policies shall be provided to the Task
Force Chief and each concemed task force o�cer.
13. News Media: Press conferences, press releases, and other statements to the media
concerning task force arrests and operations shall be coordinated among all the participating
agencies.
14. Release of Liabilify: Each agency shall be responsible for the acts or omissions of its
personnel. Participating agencies or o�cers shall not be considered as the agent of any other
participating agency. Nothing herein is intended to waive or limit sovereign immunity under
federal or state statutory or constitutional law.
onn nanmgton, (.�f51et; Saint
aul Police Dep aent
Date: 6
a�Gum ni e `
States Marshal, District of
Minnesota
Date: �l �+
City Attorney,
City of Saint Paul
Date:
Director, Human Rights,
City of Saint Paul
Date:
Director, Financial Services
City of Saint Paul
Date:
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