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2051 MOU w/FBI for Child Expoitation Task Force (CETF)Official Law Enforcement Use Only FEDERAL BUREAU OF INVESTIGATION A061 CHILD EXPLOITATION TASK FORCE (CETF) Memorandum of Understanding (MOU) PARTIES 1. This Memorandum of Understanding (MOU) is entered into by the Federal Bureau of Investigation (FBI) and Sanford Police Department (SPD) (collectively referred to as the "Parties"). AUTHORITIES 2. Authority for the FBI to enter into this MOU can be found at Title 28, United States Code (U.S.C.), Section (@ 533; 42 U.S.C. § 3771; Title 28, Code of Federal Regulations (C.F.R.), § 0.85; and applicable United States Attorney General's Guidelines. The SPD is authorized to enter into this MOU pursuant to Chapter 23, Florida Statutes, or any other applicable laws of the State of Florida. PURPOSE 3. The purpose of this MOU is to delineate the responsibilities of Tampa Division's Child Exploitation Task Force (CETF) participants, maximize inter -agency cooperation, and formalize relationships between the Parties for policy guidance, planning, training, and public and media relations. This MOU is not intended, and should not be construed, to create any right or benefit, substantive or procedural, enforceable at law or otherwise by any third party against the Parties, the United States, or the officers, employees, agents, or other associated personnel thereof. This MOU also outlines the mission and procedures for the CETF, which are described in greater detail in the Standard Operating Procedures (SOP) utilized by the CETF. 4. The mission of the CETF is to provide a rapid, proactive, and intelligence -driven investigative response to the sexual victimization of children and other crimes against children within the FBI's jurisdiction; to identify and rescue child victims; to reduce the vulnerability of children to sexual exploitation and abuse; to reduce the negative impact of domestic and international parental rights disputes; and to strengthen the capabilities of the FBI and federal, state, local, and international law enforcement through training, intelligence -sharing, technical support, and investigative assistance. SUPERVISION AND CONTROL 5. Overall management of the CETF shall be the responsibility of the Special Agent in Charge (SAC) of the Tampa Division of the FBI and/or designee. 6. The SAC shall designate one Supervisory Special Agent (SSA) to supervise day-to-day operational and investigative matters pertaining to the CETF. 7. For the purposes of this MOU, a CETF member is considered full-time when that member is primarily assigned duties aligned with the defined priority threats that are dedicated to the mission Official Law Enforcement Use Only This document contains neither recommendations nor conclusions of the FBI. This document is the property of the FBI and is loaned to your agency; it and its contents are not to be distributed outside your agency. Page 1 of 4 Official Law Enforcement Use Only of the CETF on a full-time basis. On a case-by-case basis, SSAs may authorize CETF members to temporarily support other priority FBI matters as necessary. 8. Responsibility for conduct, not under the direction of the SAC or SSA, of each CETF member, both personally and professionally, shall remain with the respective agency head and each Party shall be responsible for the actions of its respective employees. 9. Each CETF member will be subject to the laws, regulations, policies, and personnel rules applicable to those of his or her respective agency. CETF members will be subject to a limited background check as required in order to obtain deputation under Title 18, U.S.C.; 28C.F.R. § 0.85; and applicable United States Attorney General's Guidelines. 10. FBI participants will continue to adhere to the Bureau's ethical standards, including Department of Justice (DOJ)/FBI regulations relating to outside employment and prepublication review matters, and will remain subject to the Supplemental Standards of Ethical Conduct for employees of the DOJ. 11. Each CETF member will continue to report to his or her respective agency head for non- investigative administrative matters not detailed in this MOU or SOP. 12. Continued assignment to the CETF will be based on performance and at the discretion of each CETF member's respective supervisor. The FBI SAC/SSA will also retain discretion to remove any member from the CETF. 13. The defined priority threats that are aligned with the mission of the CETFs are: a. Child Abductions • Non -ransom child abductions • Domestic parental kidnapping b. Sexual Exploitation of Children Enterprises • Domestic Child Prostitution • Online Networks and Enterprises c. Contact Offenses Against Children • Domestic travel with intent to engage in illegal sexual activity with a minor • Child Sex Tourism — travel abroad to engage in commercial sexual exploitation of a child under the age of 18 • Production of Child Pornography • Coercion/enticement of a minor d. Trafficking of Child Pornography • Mass Distribution of Child Pornography • Possession of Child Pornography Official Law Enforcement Use Only This document contains neither recommendations nor conclusions of the FBI. This document is the property of the FBI and is loaned to your agency; it and its contents are not to be distributed outside your agency. Page 2 of 4 Official Law Enforcement Use Only e. International Parental Kidnapping • International Parental Kidnapping f. Other Crimes Against Children All other crimes against children violations within the FBI's jurisdiction should be investigated in accordance with available resources RESOURCE CONTROL 14. The head of agency of each Party shall retain control of resources dedicated by that agency to the CETF, including personnel, as well as the continued dedication of those resources. The head of agency or designee for the SPD shall be kept fully apprised of all investigative developments by his or her subordinates. REPORTS AND RECORDS 15. All investigative reporting will be prepared in compliance with existing FBI policy. Subject to pertinent legal and/or policy restrictions, copies of pertinent documents created by each member of the CETF will be made available for inclusion in the respective investigative agencies' files as appropriate. SALARY/OVERTIME COMPENSATION 16. The Parties agree to assume all personnel costs for their CETF representatives, including salaries, overtime payments, and fringe benefits consistent with their respective agency. 17. Subject to funding availability and legislative authorization, the FBI may reimburse to the SPD the cost of overtime worked by non-federal CETF members assigned full-time to CETF, provided overtime expenses were incurred as a result of CETF-related duties: A separate Cost Reimbursement Agreement (CRA) must be executed between the Parties for full-time employee(s) assigned to CETF, consistent with regulations and policy. Otherwise, overtime shall be compensated in accordance with applicable SPD overtime provisions and shall be subject to the prior approval of appropriate personnel. LIABILITY 18. The Parties acknowledge that this MOU does not alter the applicable law governing civil liability, if any, arising from the conduct of personnel assigned to the CETF. 19. The SPD shall immediately notify the FBI of any civil, administrative, or criminal claim, complaint, discovery request, or other request for information of which the SPD receives notice, concerning or arising from the conduct of personnel assigned to the CETF or otherwise relating to the CETF. 20. In the event that a civil claim or complaint is brought against a state or local officer assigned to the CETF, the officer may request legal representation and/or defense by DOJ. Legal representation and indemnification by the United States is determined by the Department of Justice (DOJ) on a case-by-case basis pursuant to legal standards and DOJ policy. Official Law Enforcement Use Only This document contains neither recommendations nor conclusions of the FBI. This document is the property of the FBI and is loaned to your agency; it and its contents are not to be distributed outside your agency. Page 3 of 4 Official Law Enforcement Use Only DURATION 21. The term of this MOU is for the duration of the CETF's operations, contingent upon approval of necessary funding. 22. The SPD may withdraw from the CETF at any time by written notification to the SSA with designated oversight for investigative and personnel matters or program manager of the CETF Program (FBI HQ) at least 30 days prior to withdrawal. 23. Upon termination of this MOU, all equipment provided to the CETF will be returned to the supplying agency/agencies. In addition, when a Party withdraws from this MOU, the Party will return equipment to the supplying agency/agencies. Similarly, the remaining agencies will return to a withdrawing Party any unexpended equipment supplied by the withdrawing Party during any CETF participation. MODIFICATIONS 24. Modifications/amendments to this MOU and corresponding SOP shall be brought in writing to the attention of the other Party. 25. The SPD will not be bound by any amended terms of this MOU or SOP during notice period (currently 30 days) required by this MOU. EFFECTIVE DATE AND SIGNATORIES 26. This MOU shall become effective when signed and dated by the FBI and the duly authorized representative of the SPD. The FBI may enter into similar MOUS with other agencies. 4 ric W. Sporre Special Agent in Charge Federal Bureau of Investigation Date: 11 Cecil E. Smith Chief of Police Sanford Police Department Date: Official Law Enforcement Use Only This document contains neither recommendations nor conclusions of the FBI. This document is the property of the FBI and is loaned to your agency, it and its contents are not to be distributed outside your agency. Page 4 of 4 For Official Use Only FEDERAL BUREAU OF INVESTIGATION CHILD EXPLOITATION TASK FORCE Cost Reimbursement Agreement CETF File No.: 31E-TP-C70837-MOU Pursuant to Congressional appropriations, the Federal Bureau of Investigation (FBI) receives authority to pay overtime for police officers assigned to the formalized Child Exploitation Task Force (CETF), as set forth below, for expenses necessary for detection, investigation, and prosecution of crimes against the United States. It is hereby agreed between the FBI and the Sanford Police Department (SPD) located at 300 North Park Avenue, Sanford, Florida 32771, Taxpayer Identification Number: 59- 6000425, and Telephone Number: 407-688-5000, that: 1. This Agreement is entered into pursuant to, and as anannex to, the FBI CETF Memorandum of Understanding (MOU) with the SPD effective on ;�qAi;V t and must be read and interpreted in conformity with all terms of that document! 2. Commencing upon execution of this Agreement, the FBI will, subject to the availability of required funding, reimburse the SPD for overtime payments made to officers assigned to and working full time on CETF related matters. - 3. Requests for reimbursement will be made on a monthly basis and should be forwarded to the FBI Tampa Field Office as soon as practical after the first of the month which follows the month for which reimbursement is requested. Such requests should be forwarded by a Supervisor of the SPD to the FBI CETF Squad Supervisor and FBI Tampa's Special Agent in Charge for their review, approval, and processing for payment. 4. Overtime reimbursement payments from the FBI will be made via electronic funds transfer (EFT) directly to the SPD using the FBI's Unified Financial Management System (UFMS). To facilitate EFT, the SPD must establish an account online in the System for Award Management (SAM) at www.sam.gov. Each request for reimbursement will include an invoice number, invoice date, and a taxpayer identification number (TIN). Verification of SPD banking information is required on an annual basis in order to keep payment information current. For additional information regarding the UFMS and SAM, see the attached letter from FBI Tampa's Financial Manager. 5. Overtime reimbursements will be calculated at the usual rate for which the individual officer's time would be compensated in the absence of this Agreement. However, said reimbursement, per officer, shall not exceed monthly and/or annual limits established annually by the FBI. The limits, calculated using Federal pay tables, will be in effect for the Federal fiscal year running from October 1 st of one year through September 30th of the following year, unless changed during the period. The FBI reserves the right to change the reimbursement limits, upward or downward, for subsequent periods based on fiscal priorities and appropriations limits. The FBI will notify the SPD of the applicable annual limits prior to October 1 st of each year. 6. The number of SPD officers assigned full-time to the CETF and entitled to overtime reimbursement by the FBI shall be approved by the FBI in advance of each fiscal year. Based on the needs of the CETF, this number may change periodically, upward or downward, as approved in advance by the FBI, For Official Use Only This document is the property of the FBI and is loaned to your agency. Neither it nor its contents may be released without authorization by FBI Headquarters. For Official Use Only 7. Prior to submission of any overtime reimbursement requests, the SPD must prepare an official document setting forth the identity of each officer assigned full-time to the CETF, along with the regular and overtime hourly rates for each officer. Should any officers change during the year, a similar statement must be prepared regarding the new officers prior to submitting any overtime reimbursement requests for the officers. The document should be sent to the Tampa Field Office for FBI review and approval. 8. Each request for reimbursement will include the name, rank, identification number, overtime compensation rate, number of reimbursable hours claimed, and the dates of those hours for each officer for whom reimbursement is sought. The request must be accompanied by a certification and signed by an appropriate Supervisor of the SPD that the request has been personally reviewed, the information described in this paragraph is accurate, and the personnel for whom reimbursement is claimed were assigned full-time to the CETF. 9. Requests for reimbursement must be received by the FBI no later than December 31st of the next fiscal year for which the reimbursement applies. For example, reimbursements for the fiscal year ending September 30, 2019, must be received by the FBI by December 31, 2019. The FBI is not obligated to reimburse any requests received after that time. 10. This Agreement is effective upon signatures of the Parties and will remain in effect for the duration of the SPD's participation on the CETF, contingent upon approval of necessary funding, and unless terminated in accordance with the provisions herein. This Agreement may be modified at any time by written consent of the Parties. It may be terminated at any time upon mutual consent of the Parties, or unilaterally upon written notice from the terminating Party to the other Party at least 30 days prior to the termination date. Signatories: Eric W. Sporre Special Agent in Charge Federal Bureau of Investigation Date: Financial Mahpger Federal Bureau of Investigation Date: 0 � - 0 (, 19 - Cecil E. Smith Chief of Police Sanford Police Department Date: For Official Use Only This document is the property of the FBI and is loaned to your agency. Neither it nor its contents may be released without authorization by FBI Headquarters. ('SANF'ORD POLICE DEPARTMENT) TRANSMITTAL E O Du To: City Clerk RE: Request for Services The item(s) noted below is/are attached and forwarded to your office for the following action(s): Development Order Final Plat (original mylars) Letter of Credit Maintenance Bond Ordinance Performance Bond Resolution ❑ Mayor's signature ❑ Recording ❑ Rendering ® Safe keeping (Vault) El FBI Child Exploitation Task Force (CETF) Memorandum of Understanding and Cost Reimbursement Agreement Once completed, please: ❑ Return original ❑ Return copy ® Maintain the fully executed copy on file. Special Instructions: Please advise if you have any questions regarding the above. Thank you! .Tani Waad6 April 25, 2019 From Date