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HomeMy WebLinkAboutContract 48134 CITY SF,CRETAW -t A 312016 FEDERAL BUREAU OF INVESTIGATION CONTRACT WO, 19/3 CHILD EXPLOITATION TASK FORCE (CETF) Memorandum of Understanding(MOU) PARTIES 1. This Memorandum of Understanding (MOU) is entered into by the following"Participating Agencies": a. Federal Bureau of Investigation(FBI) b City of Fort Worth on behalf of Fort Worth Police Department C. d. AUTHORITIES 2. Authority for the FBI to enter into this agreement 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. PURPOSE 3. The purpose of this MOU is to delineate the responsibilities of Dallas Child Exploitation Task Force (CETF)participants, maximize inter-agency cooperation,and formalize relationships between the participating agencies for policy guidance, planning,training, 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. The 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. MISSION 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 theFBI'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 Dallas Division of the FBI and/or their 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 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. y N n Official Law Enforcement Use Only Child Exploitation Task Force O A n Memorandum Of Understanding(2012) m rnr 70 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 A 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 agency 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. 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 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 Official Law Enforcement Use Only Child Exploitation Task Force Memorandum Of Understanding(2012) 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 RESOURCE CONTROL 14. The head of each Participating Agency shall retain control of resources dedicated by thatagency to the CETF, including personnel, as well as the continued dedication of those resources. The Participating Agency head or designee 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. Subjectto 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 FBI and Participating Agency 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 Participating Agency 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 FBI and Participating Agency for full-time employee(s)assigned to CETF, consistent with regulations and policy. Otherwise, overtime shall be compensated in accordance with applicable Participating Agency overtime provisions and shall be subject to the prior approval of appropriate personnel. LIABILITY 18. The Participating Agencies 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 Participating Agency shall immediately notify the FBI of any civil, administrative, orcriminal claim, complaint, discovery request, or other request for information of which the agency 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, underthe circumstances and pursuant to the statutes and regulations identified below. DURATION 21. The term of this MOU is for the duration of the CETF's operations, contingent upon approval of necessary funding, but may be terminated at any time upon written mutual consent of the agency involved. 22. Any Participating Agency 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 an entity withdraws from the MOU, the entity will return equipment to the supplying agency/agencies. Similarly, remaining agencies will return to a Official Law Enforcement Use Only Child Exploitation Task Force Memorandum Of Understanding(2012) 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 withdrawing agency any unexpended equipment supplied by the withdrawing agency during any CETF participation. MODIFICATIONS 24. Modifications/amendments to this MOU and corresponding SOP shall be brought in writing tothe attention of each Participating Agency. 25. Participating Agencies and their assignees are bound by the terms of the MOU and SOP,as modified from time to time, although a Participating Agency may terminate its participation with the CETF pursuant to the terms related to the SOP. 26. Participating Agency will not be bound by any amended terms of the MOU or SOP during notice period (currently 30 days) required by the MOU prior to terminating participation. SIGNATORIES (to be sinned by individual field office SAC) Z"" Print Name: Thomas M. Class Print Name: Valerie Washington Title: SAC Title: Assistant City Manager Organization: FBI Organization: City of Fort Worth Date: Print Name: Joel F. Fitzgerald Title: Chief of Police Organization: Fo Worth Police Department Date: kt(�2 — rint Name: aleshia Farm Title:Assistant City Att Organizati n: City of �N Date: " ® rint Na a Title: Cit ecretary Organization: City of F Date: OFFICIAL RECORD CITY SECRETARY FT.WORTH, TX Official Law Enforcement Use Only Child Exploitation Task Force Memorandum Of Understanding(2012) 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