MOU Agreement cif Isis° L C)!Q— 2:1
MEMORANDUM OF UNDERSTANDING BETWEEN
• UNITED STATES MARSHALS SERVICE
AND
CITY OF MIAMI BEACH
PARTIES AND AUTHORITY:
This Memorandum of* Understanding (MOU) is entered into this f k- day of
thVenrl6j.e/ , 2010, by the CITY OF MIAMI BEACH, on behalf of the MIAMI BEACH
POLICE DEPARTMENT, and the United States Marshals Service (USMS) pursuant to 28.
U.S.C. § 566(e)(1)(B). As set forth in the Presidential Threat Protection Act of 2000 and
directed by the Attorney General, the USMS has been granted authority to direct and coordinate
permanent Regional Fugitive Task Forces consisting of Federal, State, and Local Law
Enforcement authorities for the purpose of locating and apprehending fugitives. The authority of
the USMS to investigate fugitive matters as directed by the Attorney General is set forth in 28
USC § 566. The Director's authority to direct and supervise all activities of the USMS is set forth
in 28 USC § 561(g) and 28 CFR 0.111. The authority of United States Marshals and Deputy
U.S. Marshals, "in executing the laws of the United States within a State ...Rol exercise the
same powers which a sheriff of the State may exercise in executing the laws thereof' is set forth
in 28 USC § 564. Additional authority is derived from 18 USC § 3053 and Office of Investigative
Agency Policies Resolutions 2 & 15. (See also) "Memorandum for Howard M. Shapiro, General
Counsel, Federal Bureau of Investigation" concerning the "Authority to Pursue Non - Federal
Fugitives ", issued by the U.S. Department of Justice, Office of Legal Counsel, dated February
21, 1995. (See also) Memorandum concerning the Authority to Pursue Non - Federal Fugitives,
issued by the USMS Office of General Counsel, dated May, 1, 1995. (See also) 42 U:-S.C. §
16941(a)(the Attorney General shall use the resources of federal law enforcement, including the
United States Marshals Service, to assist jurisdictions in locating and apprehending sex
offenders who violate sex offender registration requirements).
MISSION:
The primary mission of the task force is to investigate and arrest, as part of joint law
enforcement operations, persons who have active state and federal warrants for their arrest.
The intent of the joint effort is to investigate and apprehend local, state and federal fugitives,
thereby improving public safety and reducing violent crime.
Each participating agency agrees to refer cases for investigation by the RFTF (Regional
Fugitive Task Force). Cases will be adopted by the RFTF at the discretion of the RFTF Chief
Inspector. Targeted crimes will primarily include violent crimes against persons, weapons
offenses, felony drug offenses, failure to register as a sex offender, and crimes committed by
subjects who have a criminal history involving violent crimes, felony drug offenses, and /or
weapons offenses. Upon receipt of a written request, the RFTF may also assist . non-
participating law enforcement agencies in investigating, locating and arresting their 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.
Participating agencies retain responsibility for the cases they refer to the RFTF.
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 NCIC (and
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other applicable state or local lookout systems) as appropriate by the concerned state or local
agency.
SUPERVISION:
The RFTF will consist of law enforcement and administrative personnel from federal,
state, and local law enforcement agencies. Agency personnel must be approved by the RFTF
Chief Inspector prior to assignment to the RFTF. Agency personnel may. be removed at any
time at the discretion of the RFTF Chief Inspector.
•
Direction and coordination of the RFTF shall be the responsibility of the USMS RFTF
Chief Inspector. 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.
A Task Force Advisory Committee, consisting of representatives of participating
agencies and USMS_ RFTF personnel, may be established at the discretion of the RFTF Chief
Inspector and will meet and confer as necessary to review and address issues concerning
operational matters within the RFTF.
PERSONNEL:
In accordance with Homeland Security Presidential Directive 12, personnel assigned to
the task force are required to undergo background investigations in order to be provided
unescorted access to USMS offices, records, and computer systems. The USMS shall bear the
costs associated with those investigations. Non -USMS law enforcement officers assigned to the
task force will be deputized as Special Deputy U.S. Marshals. Task force personnel may be
required to travel outside of the jurisdiction to which they are normally assigned in furtherance of
task force operations. 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.
REIMBURSEMENT:
If the Marshals Service receives Asset Forfeiture funding for either 1) overtime incurred
by state and local investigators who provide full time support to USMS RFTF joint law
enforcement task forces; or 2) travel, training, purchase or lease of police vehicles, fuel,
supplies or equipment for state and local investigators in direct support of state and local
investigators, the USMS shall, pending availability of funds, reimburse your organization for
expenses incurred, depending on which category of funding is provided.
Reimbursement of overtime work shall be consistent with the Fair Labor Standards Act.
Annual overtime for each state or local law enforcement officer is capped at the equivalent of
25% of a GS- 1811 -12, Step 1, of the general pay scale for the RUS. Reimbursement for all
types. of qualified expenses shall be contingent upon availability of funds and the submission of
a proper invoice which shall be submitted quarterly on a fiscal year basis, and which provides
the names of the investigators who incurred overtime for the RFTF during the quarter; the
number of overtime hours incurred, the hourly regular and overtime rates in effect for each
investigator, and the total quarterly cost. The invoice must be submitted to the RFTF Chief
Inspector, who will review the invoice, stamp and sign indicating that services were received
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•
and that the invoice is approved for payment. Invoices for equipment, supplies, training, fuel,
and vehicle lease must provide supporting documentation including receipts.
VEHICLES AND EQUIPMENT:
Notwithstanding the above, pending the availability of asset forfeiture funding and
approval by the USMS in advance of any purchase, the USMS may reimburse or make direct
payments to qualified third party vendors for vehicles and equipment purchased by the
undersigned state or local agency in support of full time state and local investigators assigned to
the RFTF involved in joint law enforcement operations. Such vehicle and equipment purchases
are to be contracted for and titled in the name of the state or local law enforcement agency and
must comply with requirements prescribed by the USMS pursuant to this MOU and applicable
policies of the United States Department of Justice. Vehicles and equipment purchased by state
and local law enforcement agencies with asset forfeiture monies provided by the USMS must
remain available for exclusive use of the task force officers assigned to the RFTF by the
undersigned participant agency for the duration of the task force. Upon termination of the
agreement, usage and disposition of such vehicles are at the discretion of the undersigned state
or local law enforcement agency.
Pending the availability of funds and equipment, the USMS will issue USMS radios,
telephones, and other communication devices to each task force officer to be used for official
RFTF business. All equipment used by or assigned to task force officers by the USMS or an •
agency will remain the property of the agency issuing the equipment and will be returned to that
agency upon termination of the task force, or upon agency request.
RECORDS AND REPORTS:
Original reports of investigation, evidence, and other investigative materials generated,
seized, or collected by the RFTF shall be retained by the agency in the RFTF responsible for
the case. However, evidence may be turned over to other law enforcement agencies as
appropriate. Copies of investigative 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 Justice Detainee Information System (JDIS) - Warrant Information
Network (WIN). Statistics will be made available to any participating agency upon request.
INFORMANTS:
Pending the availability of funds, the USMS may provide funding for the payment of
informants. However, all payments of informants utilizing USMS funding shall comply with
USMS policy.
USE OF FORCE:
All members of the RFTF shall comply with their agencies' guidelines concerning the use
of firearms, deadly force, and less- lethal devices. Copies of all applicable firearms, deadly force,
and less- lethal policies shall be provided to the RFTF Chief Inspector and each concerned task
force officer. In the event of a shooting involving task force personnel, the incident will be
investigated by the appropriate agency(s).
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NEWS MEDIA
Media inquires will be referred to the RFTF Chief Inspector. A press release may be
issued and press conference held, upon agreement and through coordination with participant
agencies' representatives. All press releases will exclusively make reference to the task force.
RELEASE OF LIABILITY:
Each agency shall be .responsible for the acts or omissions of its employees.
Participating agencies or their employees shall not be considered as the agents of any other
participating agency. Nothing herein waives or limits sovereign immunity under federal or state
statutory or constitutional law. . .
EFFECTIVE DATE AND TERMINATION:
This MOU is in effect once signed by a law enforcement participant agency.
Participating agencies may withdraw their participation after providing 30 days advanced written
notice to the RFTF Chief Inspector.
• IN WITNESS WHEREOF, the Parties hereto have executed this Memorandum of
Understanding, as of the day and year first written above by their duly authorized
representatives.
RFTF Chief I
Print Na e: AINK9I( v,1 e
APPROVED AS TO
FORM ANGUAGE
Participant A f ncy Re. res tative & F►. • ELUTION
Print Name. ( ..9 (240,3 ��,rz - � l�t�l � 0 I
olity TORNEY p (1. E
Assistant Director, 100.
Print Name:
Jorge M. Gon ez, G'ty age (Alb
:City mi
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Y c
ATTEST °.`'
/' / w -
Robert Parcher, City Clerk
City of;Miarni Beach
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