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HomeMy WebLinkAboutContract 61382CSC No. 61382 For Official Use Only 1 FEDERAL BUREAU OF INVESTIGATION NORTH TEXAS CHILD EXPLOITATION and HUMAN TRAFFICKING TASK FORCE MEMORANDUM OF UNDERSTANDING PARTIES 1. This Memorandum of Understanding (MOU) is entered into by and between the Federal Bureau of Investigation (FBI) and the City of Fort Worth, on behalf of the Fort Worth Police Department (participating agencies) (collectively: the parties). Nothing in this MOU should be construed as limiting or impeding the basic spirit of cooperation which exists between these agencies. 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 the City of Fort Worth, on behalf of Fort Worth Police Department personnel participating on the North Texas Child Exploitation and Human Trafficking Task Force (NTCEHTTF); maximize inter -agency cooperation, and formalize relationships between participating agencies 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 parry 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 NTCEHTTF, which are described in greater detail in the Standard Operating Procedures (SOP) utilized by the NTCEHTTF. MISSION 4. The mission of the NTCEHTTF 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. 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. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX For Official Use Only 2 .SUPERVISION AND CONTROL A. Supervision 5. Overall management of the NTCEHTTF shall be the responsibility of the Special Agent in Charge (SAC) of the Dallas, Texas, Division of the FBI and/or their designee. 6. The SAC shall designate one Supervisory Special Agent (SSA) to supervise the day-to- day operational and investigative matters pertaining to the NTCEHTTF. The NTOCTF SSA may designate a Special Agent to serve as the NTOCTF Coordinator. Either the NTOCTF Supervisor or the NTOCTF Coordinator shall oversee day-to-day operational and investigative matters pertaining to the NTOCTF. 7. Conduct undertaken outside the scope of an individual's NTCEHTTF duties and assignments under this MOU shall not fall within the oversight responsibility of the NTCEHTTF SSA or NTCEHTTF Coordinator. As stated in paragraph 76, below, neither the United States nor the FBI shall be responsible for such conduct. 8. NTCEHTTF personnel will report to his or her respective agency for personnel and administrative matters. Each participating agency shall be responsible for the pay, overtime, leave, performance appraisals, and other personnel matters relating to its employees detailed to the NTCEHTTF. The FBI and the participating agency may provide for overtime reimbursement by the FBI through separate written agreement. 9. All FBI personnel will adhere to the FBI'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. 10. All NTCEHTTF personnel, which includes Task Force Officers, Task Force Members, and Task Force Participants, must adhere to the applicable U.S. Attorney General's Guidelines and Domestic Operations Investigative Guidelines (DIOG). 11. NTCEHTTF personnel will continue to report to their respective agency heads for non - investigative administrative matters not detailed in this MOU_ 12, Continued assignment of personnel to the NTCEHTTF will be based on performance and at the discretion of appropriate management. The FBI SAC and NTCEHTTF SSA will also retain discretion to remove any individual from the NTCEHTTF. B. Case Assignments 13. The FBI NTCEHTTF SSA will be responsible for opening, monitoring, directing, and closing NTCEHTTF investigations in accordance with existing FBI policy and the applicable U.S. Attorney General's Guidelines. FOR OFFICIAL USE ONLY This document is the property of the FBI and is loanedeto your agency. Neither it nor its contents may be released without authorization by FBI Headquarters. For Official Use Only 3 14. Assignments of cases to personnel will be based on, but not limited to, experience, training, and performance, in addition to the discretion of the NTCEHTTF SSA. 15. For FBI administrative purposes, NTCEHTTF cases will be ;entered into the relevant FBI computer systems. 16. NTCEHTTF personnel will have equal responsibility for each case assigned. NTCEHTTF personnel will be responsible for completion of the investigation from predication to resolution. C. Resource Control 17. The head of each participating agency shall determine the resources to be dedicated by that agency to the NTCEHTTF, 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. OPERATIONS A. investigative Exclusivity 18. It is agreed that matters designated to be handled by the NTCEHTTF will not knowingly be subject to non- NTCEHTTF law enforcement efforts by any of the participating agencies. It is incumbent on each agency to make proper internal notification regarding the NTCEHTTF's. existence and areas of operation. 19. It is agreed that there is to be no unilateral action taken on the part of the FBI or any participating agency relating to NTCEHTTF investigations or areas of operation as described in paragraph 3. All law enforcement actions will be coordinated and cooperatively carried out. 20. NTCEHTTF investigative leads outside of the geographic areas of responsibility for the FBI Dallas Field Office will be communicated to other FBI offices for appropriate investigation. S. Confidential Human Sources 21. The disclosure of FBI informants, or Confidential Human Sources (CHSs), to non- NTCEHTTF personnel will be limited to those situations where it is essential to the effective performance of the NTCEHTTF. These disclosures will be consistent with applicable FBI guidelines. 22. Non -FBI NTCEHTTF personnel may not make any further disclosure of the identity of an FBI CHS, including to other individuals assigned to the NTCEHTTF. No documents which identify, tend to identify, or may indirectly identify an FBI CHS may be released without prior FBI approval. 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 4 23. In those instances where a participating agency provides a OHS, the FBI may become solely responsible for the CHSs continued development, operation, and compliance with necessary administrative procedures regarding operation and payment as set forth by the FBI. 24. The U.S. Attorney General's Guidelines and FBI policy and procedure for operating FBI CHSs shall apply to all FBI CHSs opened and operated in furtherance of NTCEHTTF investigations. Documentation of, and any payments made to, FBI CHSs shall be in accordance with FBI policy and procedure. 25.Operation, documentation, and payment of any CHS opened and operated in furtherance of an NTCEHTTF investigation must be in accordance with the U.S. Attorney General's Guidelines, regardless of whether the handling agency is an FBI NTCEHTTF participating agency. Documentation of state, county, or local CHSs opened and operated in furtherance of NTCEHTTF investigations shall be maintained at an agreed upon location. C. Reports and Records 26. 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 NTCEHTTF personnel will be made available for inclusion in the respective investigative agencies' files as appropriate. 27. NTCEHTTF reports prepared in cases assigned to NTCEHTTF personnel will be maintained at an FBI approved location; original documentswill be maintained by the FBI. 28. Records and reports generated in NTCEHTTF cases which are opened and assigned by the NTCEHTTF SSA with designated oversight for investigative and personnel matters will be maintained in FBI investigative files. 29. NTCEHTTF investigative records maintained at the Dallas Field Office of the FBI will be available to all NTCEHTTF personnel, as well as their supervisory and command staff subject to pertinent legal, administrative and/or policy restrictions. 30. All evidence and original tape recordings (audio and video) acquired by the FBI during the course of the NTCEHTTF investigations will be maintained by the FBI. The FBI's rules and policies governing the submission, retrieval, and chain of custody will be adhered to by NTCEHTTF personnel. 31. All NTCEHTTF investigative records will be maintained at an approved FBI location. Placement of all or part of said information into participating agency files rests with the discretion of supervisory personnel of the concerned agencies, subject to NTCEHTTF SSA approval. 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 5 32. Classified information and/or documents containing information that identifies or tends to identify an FBI CHS shall not be placed in the files of participating agencies unless appropriate FBI policy has been satisfied. 33. The Parties acknowledge that this MOU may provide NTCEHTTF personnel with access to information about U.S. persons which is protected by the; Privacy Act of 1974 and/or Executive Order 12333. The Parties expressly agree that all such information will be handled lawfully pursuant to the provisions thereof. The Parties further agree that if this access to information by NTCEHTTF personnel requires a change in privacy compliance documents, those changes will be accomplished prior to access being granted. INFORMATION SHARING 34. No information possessed by the FBI, to include information derived from informal communications between NTCEHTTF personnel and FBI employees not assigned to the NTCEHTTF, may be disseminated by NTCEHTTF personnel to non- NTCEHTTF personnel without the approval of the NTCEHTTF SSA andin accordance with the applicable laws and internal regulations, procedures or agreements between the FBI and the participating agencies that would permit the participating agencies to receive information directly. Likewise, NTCEHTTF personnel will not provide any participating agency Information to the FBI that is not otherwise available'to it unless authorized by appropriate participating agency officials. 35. Each Party that, discloses Personally Identifiable Information (PI1) is responsible for making reasonable efforts to ensure that the information disclosed is accurate, complete, timely, and relevant. 36. The FBI is providing access to information from its records with the understanding that in the event the recipient becomes aware of any inaccuracies in the data, the recipient will promptly notify the FBI so corrective action can be taken. Similarly, if the FBI becomes aware that information it has received pursuant to this MOU, is inaccurate, it will notify the contributing Party so corrective action can be taken. 37. Each Party is responsible for ensuring information it discloses was not knowingly obtained or maintained in violation of any law or policy applicable to the disclosing Party, and information is only made available to the receiving Party as may be permitted by laws, regulations, policies, or procedures applicable to the disclosing Party. 38. Each Party will immediately report to the other Party each instance in which data received from the other Party is used, disclosed, or accessed in an unauthorized manner (including any data losses or breaches). 39. The Parties agree that each or all may audit the handling and maintenance of data in electronic and paper recordkeeping systems to ensure that appropriate security and privacy protections are in place. 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 6 PROSECUTIONS 40. NTCEHTTF investigative procedures, whenever practicable., are to conform to the requirements which would allow for either state or federal prosecution. 41. A determination will be made on a case -by -case basis whether the prosecution of NTCEHTTF cases will be at the state or federal level. This determination will be based on the evidence obtained and a consideration of which level of prosecution would be of the greatest benefit to the overall objectives of the NTCEHTTF. 42. In the event a state or local matter is developed which is outside the jurisdiction of the FBI or it is decided to prosecute a NTCEHTTF case at the state or local level, the FBI agrees to provide all relevant information to state and local authorities in accordance with all applicable legal limitations. A. Investigative Methods/Evidence 43. For cases assigned to a FBI Special Agent or in which FBI CHSs are utilized, the Parties agree to conform to federal standards concerning evidence collection, processing, storage, and electronic surveillance. However, in situations where the investigation will be prosecuted in the State Court where statutory or common' law of the state is more restrictive than the comparable federal law, the investigative methods employed by FBI case agents shall conform to the requirements of such statutory or common law pending a decision as to venue for prosecution. 44. In all cases assigned to state, county, or local law enforcement participants, the Parties agree to utilize federal standards pertaining to evidence handling and electronic surveillance activities as outlined in the OIOG to the greatest extent possible. However, in situations where the statutory or common law of the state'is more restrictive than the comparable federal law, the investigative methods employed by state and local law enforcement agencies shall conform to the requirements of such statutory or common law pending a decision as to venue for prosecution. 45. The use of other investigative methods (search warrants, interceptions of oral communications, etc.) and reporting procedures in connection therewith will be consistent with the policies and procedures of the FBI. B. Undercover Operations 46. All NTCEHTTF undercover operations will be conducted and reviewed in accordance with FBI guidelines and the U.S. Attorney General's Guidelines on FBI Undercover Operations. All participating agencies may be requested to enter into an additional agreement if an employee of the participating agency is assigned duties which require the officer to act in an undercover capacity. 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 USE OF LESS -THAN -LETHAL -DEVICES' 47. The parent agency of each individual assigned to the NTCEHTTF will ensure that while the individual is participating in FBI -led task force operations in the capacity of a task force officer, task force member, or task force participant, the individual will carry only less -lethal devices the parent agency has issued to the individual, and the individual has been trained in accordance with the agency's policies and procedures. 48. The parent agency of each individual assigned to the NTCEHTTF will ensure the agency's policies and procedures for use of any less -lethal device will be carried by the task force officer, task force member, or task force participant are consistent with the OOJ policy statement on the Use of Less -Than -Lethal Devi6es.2 DEADLY FORCE AND SHOOTING INCIDENT POLICIES 49. NTCEHTTF personnel will follow their own agencies' policies concerning firearms discharge and use of deadly force. DEPUTATIONS 50. Local and state law enforcement personnel designated to the NTCEHTTF, subject to a limited background inquiry, shall be sworn as federal task force officers by acquiring Title 21 and Title 18 authority (via the United States Marshals), with the FBI securing the required deputation authorization. These deputations should remain in effect throughout the tenure of each investigator's assignment to the NTCEHTTF or until the termination of the NTCEHTTF, whichever comes first. 51. Deputized NTCEHTTF personnel will be subject to the rules and regulations pertaining to such deputation. Administrative and personnel policies imposed by the participating agencies will not be voided by deputation of their respective: personnel. 1 Pursuant to Section Vill of the DOJ Less -Than -Lethal Devices Policy dated May 16, 2011, all state/local officers participating in joint task force operations must be made aware of and adhere to the policy and its limits on DOJ officers. z Less -lethal -When use of force is required, but deadly force may not be appropriate, law enforcement officers may employ less -lethal weapons to gain control of a subject. Less -lethal weapons are designed to induce a subject to submit or comply with directions. These weapons give law enforcement officers the ability to protect the safety of officers, subjects, and the, public by temporarily incapacitating subjects. While less -lethal weapons are intended to avoid causing any serious harm or injury to a subject, significant injuries and death can occur from their use. The term "less -than -lethal" is synonymous with "less -lethal", "non -lethal', "non -deadly", and other terms referring to devices used in situations covered by the DOJ Policy on the Use of Less -Than -Lethal Devices. "Less -lethal' is the industry standard and the terminology the FBI has elected to utilize in reference to this policy. 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 8 VEHICLES 52. In furtherance of this MOU, employees of participating agencies may be permitted to drive FBI owned or leased vehicles for official NTCEHTTF business and only in accordance with applicable FBI rules and regulations, including those outlined in the FBI Government Vehicle Policy Directive (04300) and the Government Vehicle Policy Implementation Guide (0430PG). The assignment of an FBI 'owned or leased vehicle to participating agency NTCEHTTF personnel will require the execution of a separate Vehicle Use Agreement. 53. The participating agencies agree FBI vehicles will not be used to transport passengers unrelated to NTCEHTTF business. 54. The FBI and the. United States will not be responsible for any tortious act or omission on the part of each participating agency and/or its employees or for any liability resulting from the use of an FBI owned or leased vehicle utilized by participating agency NTCEHTTF personnel, except where liability may fall under,, the provisions of the Federal Tort Claims Act (FTCA), as discussed in the Liability Section herein below. 55. The FBI and the United States shall not be responsible for any civil liability arising from the use of an FBI owned or leased vehicle by participating agency NTCEHTTF personnel while engaged in any conduct other than their official duties and assignments under this MOU. 56. To the extent permitted by applicable law, the participating agencies agree to hold harmless the FBI and the United States; for any claim for property damage or personal injury arising from any use of an FBI owned or leased vehicle by participating agency NTCEHTTF personnel which is outside the scope of their official duties and assignments under this MOU. SALARY/OVERTIME COMPENSATION 57. The FBI and each participating agency remain responsible for all personnel costs for their NTCEHTTF representatives, including salaries, overtime payments, and fringe benefits consistent with their respective agency, except as described in paragraph 58 below. 58. Subject to funding availability and legislative authorization, the FBI will reimburse to participating agencies the cost of overtime worked by non-federal NTCEHTTF personnel assigned full-time to NTCEHTTF, provided overtime expenses were incurred as a result of NTCEHTTF-related duties, and subject to the provisions and limitations set forth in a separate Cost Reimbursement Agreement to be executed in conjunction with this MOU. A separate Cost Reimbursement Agreement must be executed between the FBI and participating agencies for full-time employee(s) assigned to NTCEHTTF, consistent with regulations and policy, prior to any reimbursement by the FBI. Otherwise, overtime shall be compensated in accordance with applicable participating; agency overtime provisions and shall be subject to the prior approval of appropriate personnel. 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 9 PROPERTY AND EQUIPMENT 59. Property utilized by the NTCEHTTF in connection with authorized investigations and/or operations and in the custody and control and used at the direction of the NTCEHTTF, will be maintained in accordance with the policies and procedures of the agency supplying the equipment. Property damaged or destroyed which was utilized by NTCEHTTF in connection with authorized investigations and/or operations and is in the custody and control and used at the direction of NTCEHTTF will be the financial responsibility of the agency supplying said property. FUNDING 60. This MOU is not an obligation or commitment of funds, nor a basis for transfer of funds, but rather is a basic statement of the understanding between the Parties hereto of the tasks and methods for performing the tasks described herein. Unless otherwise agreed in writing, each Party shall bear its own costs in relation to this MOU. Expenditures by each Party will be subject to its budgetary processes and toithe availability of funds and resources pursuant to applicable laws, regulations, and policies. The Parties expressly acknowledge the above language in no way implies that Congress will appropriate funds for such expenditures. FORFEITURES 61. The FBI shall be responsible for processing assets seized for federal forfeiture in conjunction with NTCEHTTF operations. 62. Asset forfeitures will be conducted in accordance with federal law and the rules and regulations set forth by the FBI and DOJ. Forfeitures attributable to NTCEHTTF investigations may be equitably shared with the agencies participating in the NTCEHTTF. DISPUTE RESOLUTION 63. In cases of overlapping jurisdiction, the participating agencies agree to work in concert to achieve the NTCEHTTF's objectives. 64. The participating agencies agree to attempt to resolve any disputes regarding jurisdiction, case assignments, workload, etc., at the field level first before referring the matter to supervisory personnel for resolution. MEDIA RELEASES 65. All media releases and statements will be mutually agreed upon and jointly handled according to FBI and participating agency guidelines. 66. Press releases will conform to DOJ Guidelines regarding press releases. No release will be issued without FBI final approval. 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 10 SELECTION TO NTCEHTTF AND SECURITY CLEARANCES 67. If a participating agency candidate for the NTCEHTTF will require a security clearance, he or she will be contacted by FBI security personnel to begin the background investigation process prior to the assigned start date. 68. If, for any reason, the FBI determines a participating agency candidate is not qualified or eligible to serve on the NTCEHTTF, the participating agency will be so advised and a request will be made for another candidate. 69. Upon being selected, each candidate will receive a comprehensive briefing on FBI field office security policies and procedures. During the briefing, each candidate will execute non -disclosure agreements (SF-312 and FD-868), as may be necessary or required by the FBI. 70. Before receiving unescorted access to FBI space identified as an open storage facility, NTCEHTTF personnel will be required to obtain and maintain a "Top Secret" security clearance. NTOCTF personnel will not be allowed unescorted access to FBI space unless they have received a Top Secret security clearance. 71. Upon departure from the NTCEHTTF, each individual whose assignment to the NTOCTF is completed will be given a security debriefing and reminded of the provisions contained in the non -disclosure agreement to which he or she previously agreed. LIABILITY 72. The Parties acknowledge this MOU does not alter the applicable law governing civil liability, if any, arising from the conduct of personnel assigned to the NTCEHTTF. 73. Each participating agency shall immediately notify the FBI of any civil, administrative, or criminal 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 NTCEHTTF or otherwise relating to the NTCEHTTF. Each participating agency acknowledges financial and civil liability, if any and in accordance with applicable law, for the acts and omissions of each employee detailed to the NTCEHTTF remains vested with his or her employing agency. In the event a civil claim or complaint is brought against a state or local officer assigned to the NTCEHTTF, the officer may request legal representation and/or defense by DOJ, under the circumstances and pursuant to the statutes and regulations identified below. 74. For the limited purpose of defending against a civil claim arising from alleged negligent or wrongful conduct under common law under the FTCA, 28 U.S.C. §1346(b) and §§26712680: an individual assigned to the NTCEHTTF who is named as a defendant in a civil action as a result of or in connection with the performance of his or her official duties and assignments pursuant to this MOU may request to be certified by the U.S. Attorney General or his designee as having acted within the; scope of federal employment at the time of the incident giving rise to the suit. 28 U.S.C. §2679(d)(2). 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 11 Upon such certification, the individual will be considered an, "employee" of the United States government for the limited purpose of defending the=civil claim under the FTCA, and the claim will proceed against the United States as sole defendant. 28 U.S.C. §2679(d)(2). Once an individual is certified as an employee; of the United States for purposes of the FTCA, the United States is substituted for the employee as the sole defendant with respect to any tort claims. Decisions regarding certification of employment under the FTCA are made on a case -by -case basis, and the FBI cannot guarantee such certification to any NTCEHTTF personnel. , 75. For the limited purpose of defending against a civil claim arising from an alleged violation of the U.S. Constitution pursuant to 42 U.S.C. §1983 or Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics, 403 U.S. 388 (1971): an individual assigned to the NTCEHTTF who is named as a defendant in a civil action as a result of or in connection with the performance of his or her official duties and assignments pursuant to this MOU may request individual -capacity representation by DOJ to defend against the claims. 28 C.F.R. §§ SOA S, SO.16. Any such request for individual -capacity representation must be made in the form of a letter from the individual defendant to the U.S. Attorney General. The letter should be provided to Chief Division Counsel (CDC) for the FBI Dallas Field Office, who will then coordinate the request with the FBI Office of the General Counsel. In the event of an adverse judgment against the individual, he or she may request indemnification from DOJ. 28 C.F.R. §SOA S(c)(4). Requests for DOJ representation and indemnification are determined by DOJ on a case -by -case basis. The FBI cannot guarantee the United States will provide legal representation or indemnification to any NTCEHTTF personnel. 76. Liability for any conduct by NTCEHTTF personnel undertaken outside of the scope of their assigned duties and responsibilities under this MOU shall not be the responsibility of the FBI or the United States and shall be the sole responsibility of the respective employee and/or agency involved. DURATION 77. The term of this MOU is for the duration of the NTCEHTTPs operations, contingent upon approval of necessary funding, but may be terminated at any time upon written mutual consent of the agency involved. 78. Any participating agency may withdraw from the NTCEHTTF at any time by written notification to the NTCEHTTF SSA with designated oversight for investigative and personnel matters or program manager of the NTCEHTTF at least 30 days prior to withdrawal. 79. Upon termination of this MOU, all equipment provided to the NTCEHTTF 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 withdrawing agency any unexpended equipment supplied by the withdrawing agency during any NTCEHTTF participation. 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 12 MODIFICATIONS 80. This agreement may be modified at any time by written consent of all involved agencies. Modifications to this MOU shall have no force and effect unless such modifications are reduced to writing and signed by an authorized representative of each participating agency. SIGNATORIES Ll SMOice Date Ftion D Apr 6 2024 r jAmon Af 6, 2024 10:01 CDTI WilliamJohnson Date Asst. City Manager City of Fort Worth RubPrtaI,,r7N,-4, Apr 5, 2024 Robert Alldredge Date Assistant Chief of Police Fort Worth Police Department OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 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. [Executed effective as of the date signed by the Assistant City Manager below.] / [ACCEPTED AND AGREED:] City: By: W��� 20::1.:-,T Name: William Johnson Title: Assistant City Manager Date: Apr 6, 2024 City: �, d-„art Ald •... F• • a„ Name: Robert A. Alldredge Title: Executive Assistant Chief Date: Apr5, 2024 CITY OF FORT WORTH INTERNAL ROUTING PROCESS: Approved as to Form and Legality: erg By: 4 ..:K co- Apr 5, 2024 Name: Jerris Mapes Title: Assistant City Attorney Contract Authorization: M&C: 24-0210 Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. By: �Apr 4, 2024 Name: Shundalyn Evans Title: Supplemental Funding Manager anu q0 FORT�aO Ao �9da a City Secretary: coo osd Padzo o*� ddan nEXP`�44 May 8, 2024 By: Name: Jannette Goodall Title: City Secretary OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX For Official Use Only FEDERAL BUREAU OF INVESTIGATION NORTH TEXAS CHILD EXPLOITATION and HUMAN TRAFFICKING TASK FORCE Cost Reimbursement Agreement fNTCEHTTF File No.: 305-DL-Cl10697-CETF Pursuant to Congressional appropriations, the Federal Bureau of Investigation (FBI) receives authority to pay overtime for police officers assigned to the formalized North Texas Child Exploitation and Human Trafficking Task Force (NTCEHTTF), 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 Fort Worth Police Department (FWPD), located at 505 W Felix, Fort Worth Texas, 76115, Taxpayer Identification Number: f75-60005281, and Telephone Number: 817-392-4200, that: 1. This Agreement is entered into pursuant to, and as an annex to, the FBI NTCEHTTF Memorandum of Understanding (MOU) signed by the Chief of Police (FWPD) on IMarch 19, 20241, 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 availability of required funding, reimburse FWPD for overtime payments made to officers assigned to and working full time on NTCEHTTF related matters. 3. Requests for reimbursement will be made on a monthly basis and should be forwarded to the FBI Dallas 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 at FWPD to the FBI NTCEHTTF Squad Supervisor and FBI Dallas 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 FWPD using the FBI's Unified Financial Management System (UFMS). To facilitate EFT, FWPD must establish an account online in the System for Award Management (SAM) at www.sam.aov. Each request for reimbursement will include an invoice number, invoice date, and a taxpayer identification number (TIN). Verification of FWPD banking information is required on an annual basis in order to keep payment information current. For additional information regarding the UFMS and SAM, contact the FBI Dallas 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 1st 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 FWPD of the applicable annual limits prior to October 1 st of each year. 6. The number of FWPD personnel assigned full-time to the NTCEHTTF 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 NTCEHTTF, 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 he released without authorization by FBI Headquarters. For Official Use Only 7. Prior to submission of any overtime reimbursement requests, FWPD must prepare an official document setting forth the identity of each officer assigned full-time to the NTCEHTTF, 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 Dallas 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 at FWPD 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 NTCEHTTF. 9. Requests for reimbursement must be received by the FBI no later than December 31 st of the next fiscal year for which the reimbursement applies. For example, reimbursements for the fiscal year ending September 30, 2017, must be received by the FBI by December 31, 2017. 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 FWPD's participation on the NTCEHTTF, 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. Signa rie B. Chad YarbrVCharge Special Agent Federal Bureau of Investigation Dallas Division Date: 2 2 j Financial Manager Federal Bureau of Investigation Date: L16,ui,, le _. I:9. 11 CD' William Johnson Asst. City Manager City of Fort Worth Fort Worth, Texas Date. Apr 6, 2024 Robert Alldredge Assistant Chief of Police Fort Worth Police Department Date: Apr 5, 2024 2 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. [Executed effective as of the date signed by the Assistant City Manager below.] / [ACCEPTED AND AGREED:] City: By: A' , =T Name: William Johnson Title: Assistant City Manager Date: Apr 6, 2024 City: Name: Robert A. Alldredge Title: Executive Assistant Chief Date: Apr 5, 2024 CITY OF FORT WORTH INTERNAL ROUTING PROCESS: Approved as to Form and Legality: BY: Apr5,2024 Name: Jerris Mapes Title: Assistant City Attorney Contract Authorization: M&C: 24-0210 Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. By: sh` r°'°"`' Apr 4, 2024 Name: Shundalyn Evans Title: Supplemental Funding Manager City Secretary: '� . May 8, 2024 By: Name: Jannette Goodall Title: City Secretary FORTWORTH City of Fort Worth Inter -Office Correspondence DATE: April 4, 2024 FROM: Shundalyn Evans, Supplemental Funding Manager Fort Worth Police Department TO: Sarah Shannon, Finance Manager Fort Worth Police Department Robert Alldredge, Assistant Chief Fort Worth Police Department William Johnson, Assistant City Manger Fort Worth City Manager's Office SUBJECT: NORTH TEXAS CHILD EXLPLOITATION & HUMAN TRAFFICKING TASK FORCE Attached for your approval is the FY24 Memorandum of Understanding (MOU) between the North Texas Child Exploitation and Human Trafficking Task Force (NTCEHTTF) and the City of Fort Worth per the approved M&C 24-0210. The mission of the NTCEHTTF is to provide a rapid, proactive, and intelligence -driven investigative response to the sexual victimization of children and other crimes against children. In addition, a separate Cost Reimbursement Agreement has been executed in conjunction with this MOU and is attached for approval per the funding information listed in the M&C. �errr,� Maae� Apr 5, 2024 Jerris Mapes Date Sr. Assistant City Attorney Apr4, 2024 Sarah Shannon Date Finance Manager 701 to Apr 5, 2024 Keith Morris Date Assistant Finance Director l,7 „111APr s, x24 12:35 COT) Apr 5, 2024 Robert Alldredge Date Police Assistant Chief lF,Ilidn, j �i; 1,or IA r F. 2024 10:01 CDT) Apr 6, 2024 William Johnson Date Assistant City Manager M&C Review Page 1 of 2 CITY COUNCIL AGENDA Create New From This M&C Official site of the City of Fort Worth, Texas FORT I ORTII '111� DATE: 3/19/2024 REFERENCE NO.: **M&C 24-0210 LOG NAME: 35FBINTCEHTTF CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: (ALL) Authorize Execution of an Agreement with the Federal Bureau of Investigation for Reimbursement of Overtime Costs in an Amount Up to $41,415.00 for Participation in the Federal Bureau of Investigation North Texas Child Exploitation and Human Trafficking Task Force for Fiscal Year 2024, and Adopt Appropriation Ordinance RECOMMENDATION: It is recommended that the City Council: Authorize the execution of an agreement with the Federal Bureau of Investigation North Texas Child Exploitation and Human Trafficking Task Force for Fiscal Year 2024; Authorize the acceptance of reimbursement funds for overtime expenses in the amount of $41,415.00; and Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grants Operating Other Fund, subject to receipt of the grant, in an amount up to $41,415.00, for the purpose of funding the Police Department's participation in the Federal Bureau of Investigation North Texas Child Exploitation Human Trafficking Task Force. DISCUSSION: The mission of the North Texas Child Exploitation and Human Trafficking Task Force (NTCEHTTF) is to provide a rapid, proactive, and intelligence -driven investigative response to the sexual victimization of children and other crimes against children within the Federal Bureau of Investigation's (FBI) jurisdiction and to identify and rescue child victims. NTCEHTTF's primary objective is to reduce the vulnerability of children to sexual exploitation and abuse, reduce the negative impact of domestic and international parental rights disputes, and strengthen the capabilities of the FBI and federal, state, local, and international law enforcement through training, intelligence -sharing, technical support, and investigative assistance. There will be two officers assigned to the task force whose overtime expenses are reimbursable under a Cost Reimbursement Agreement. This Mayor and Council Communication is necessary to appropriate funds for the reimbursement of overtime costs in the amount of $41,415.00 ($20,707.50 per officer) for work performed by the officers assigned to the task force. The term of this memorandum of understanding is for the duration of the NTCEHTTF operations and may be terminated at any time upon 30-day written notification. Indirect costs are not eligible for reimbursement. The City is not required to provide matching funds. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds will be available in the current operating budget, as appropriated, in the Grants Operating Other Fund. The Police Department (and Financial Management Services) will be responsible for the collection and deposit of funds due to the City. Prior to expenditure being incurred, the Police Department has the responsibility to validate the availability of funds. This is a reimbursement grant. http://apps.cfwnet.org/council_packetlmc_review.asp?ID=31917&councildate=3/19/2024 4/2/2024 M&C Review Page 2 of 2 TO Fund Department Account Project I Program ! Activity Budget Reference # Amount I ID I I ID I I Year I (Chartfield 2) FROM � Fund Department Account Project Program Activity Budget Reference # Amount ID I I ID I I Year I (Chartfield 2) Submitted for City Manager's Office bv: Fernando Costa (6122) Orininatinq Department Head: Additional Information Contact: Neil Noakes (4212) Sarah Shannon (4254) Adriana Gonzales (4217) ATTACHMENTS ORD.APP 35FBINTCEHTTF AO(r3).docx (Public) http://apps.cfwnet.org/council_packet/mc_review.asp?ID=31917&councildate=3/19/2024 4/2/2024