2014-28724 Reso RESOLUTION NO. 2014-28724
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY
MANAGER AND CITY CLERK TO EXECUTE A MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF MIAMI BEACH, ON
BEHALF OF THE MIAMI BEACH POLICE DEPARTMENT, AND THE
FEDERAL BUREAU OF INVESTIGATION, SOUTH FLORIDA JOINT
TERRORISM TASK FORCE FOR THE PURPOSE OF THE
PREVENTION, PREEMPTION, DETERRENCE AND INVESTIGATION
OF TERRORIST ACTS, AND APPREHEND INDIVIDUALS WHO MAY
COMMIT OR PLAN TO COMMIT SUCH ACTS.
WHEREAS, the Miami Division of the Federal Bureau of Investigation (FBI) has
established the South Florida Joint Terrorism Task Force ("Task Force") for the purpose of
prevention, preemption, deterrence and investigation of terrorist acts, and apprehend individuals
who may commit or plan to commit such acts; and
WHEREAS, the Task Force enhances the effectiveness of Federal, State and local law
enforcement resources through a well coordinated initiative seeking the most effective
investigative and prosecutive avenues, and to facilitate the sharing of FBI information with the
intelligence and law enforcement communities to protect the United States and the City of Miami
Beach against threats to our national security, including international terrorism; and
WHEREAS, a detective sergeant from the Miami Beach Police Department shall be
assigned to the Task Force, to work in conjunction with Federal, State and local law
enforcement personnel in identifying, locating, and apprehending those individuals who commit
these crimes in the City of Miami Beach and South Florida; and
WHEREAS, it is a great benefit to the Miami Beach Police Department to participate in
this Task Force because of the increased investigative resources and capability, and shall
thereby improve the effectiveness of the Miami Beach Police Department law enforcement
activities; and
WHEREAS, upon the availability of funding, the FBI will reimburse the City of Miami
Beach and the Miami Beach Police Department for overtime expenses, travel, and provide
access to a vehicle that shall be utilized for investigative purposes of the Task Force; and
WHEREAS, the City of Miami Beach, on behalf of the Miami Beach Police Department,
and the Federal Bureau of Investigation, wishes to execute a Memorandum of Understanding,
commencing upon the signatures of all parties, and shall remain in effect for the duration of the
Miami Beach Police Department's participation in the Task Force.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the City Manager and City
Clerk are hereby authorized to execute the attached Memorandum of Understanding with the
Federal Bureau of Investigation, Miami Division, South Florida Joint Terrorism Task Force, for
the purpose of the prevention, preemption, deterrence and investigation of terrorist acts and
apprehend individuals who may commit or plan to commit such acts.
PASSED and AD th U day of September, 2014. ;�f
ATTEST: ''• .
MAYOR PHIL%I1 CE
RAFAEL E. GRANA ,� TY ;I I APPROVED AS TO
� FORM&LANGUAGE
&FOR EXECUTION
oe
City Attorne 1 66 to
COMMISSION ITEM SUMMARY
Condensed Title:
A resolution of the Mayor and City Commission of the City of Miami Beach, Florida, authorizing the
City Manager and City Clerk to execute a Memorandum of Understanding between the City of Miami
Beach, on behalf of the Miami Beach Police Department and the Federal Bureau of Investigation,
South Florida Joint Terrorism Task Force for the purpose of the prevention, preemption, deterrence
and investigation of terrorist acts and apprehend individuals who may commit or plan to commit such
acts.
Key Intended Outcome Supported:
Maintain crime rates at or below national trends.
Supporting Data (Surveys, Environmental Scan, etc.): According to the Center For Research and
Public Policy, and Business Residential Satisfaction Survey of City of Miami Beach residents in 2009,
ndicated that their three top most important areas of for the City of Miami Beach to address in an effort to
mprove public safety throughout the City is Preventing Crime 44.9%, Enforcing Traffic Laws 36.1% and
lincreasing Visibility of Police in Neighborhoods 32.4%.
Issue:
Shall the Commission adopt this Resolution?
Item Summa /Recommendation:
The Miami Division of the Federal Bureau of Investigation (FBI) has established the South Florida
Joint Terrorism Task Force (JTTF) ('Task Force") for the purpose of prevention, preemption,
deterrence and investigation of terrorist acts, and apprehend individuals who may commit or plan to
commit such acts. This Task Force will enhance the effectiveness of Federal, State and local law
enforcement resources through a well coordinated initiative seeking the most effective investigative
and prosecutive avenues and to facilitate the sharing of FBI information with the intelligence and law
enforcement communities to protect the United States and the City of Miami Beach against threats to
our national security, including international terrrorism.
In an effort to support the JTTF, the Miami Beach Police Department (MBPD) has been asked by the
FBI to participate and execute a Memorandum of Understanding between the FBI and the City of
Miami Beach on behalf of the MBPD. As a result, a Detective from the Criminal Investigations Division
will be assigned to the JTTF to work in conjunction with their personnel in identifying, locating and
apprehending individuals who commit these crimes in the City of Miami Beach and South Florida.
Participation in the JTTF will benefit the City of Miami Beach and the MBPD because of access to
increased investigative resources and capabilities. Pursuant to the Memorandum of Understanding
the FBI has agreed to provide access to a vehicle; reimburse the City of Miami Beach for overtime
expenses, travel, and investigative expenses incurred by the MBPD Detective in connection with JTTF
investigations pending available funding. Upon the signatures of all the parties to the Memorandum of
Understanding, the Detective can participate in the JTTF for the duration of the Task Force unless
either the FBI or the City of Miami Beach should decide to withdraw.
'Tkdvisory Board Recommendation:
[_NA
Financial Information:
Source of Amount Account
Funds: 1
2
3
OBPI Total
Financial Impact Summary:
NA
City Clerk's Office Legislative Tracking:
N/A
Sign-Offs:
Department Director Assistant City Manager 'ty Manager
Daniel J. Oates, Chief
Miami Beach Police
MIAMIBEACH ADEN ITEM C-70
DATE
MIAMI BEACH
City of Miami Heath, 1700 Convention Center Drive,Miami Beach, Florida 33139,vwvw.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Members o the City mmission
FROM: Jimmy L. Morales, City Manager
DATE: September 10, 2014
SUBJECT: A RESOLUTION OF THE MAYOR AND ITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER AND CITY CLERK TO
EXECUTE A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF MIAMI
BEACH, ON BEHALF OF THE MIAMI BEACH POLICE DEPARTMENT, AND THE
FEDERAL BUREAU OF INVESTIGATION,SOUTH FLORIDA JOINT TERRORISM TASK
FORCE FOR THE PURPOSE OF THE PREVENTION, PREEMPTION, DETERRENCE
AND INVESTIGATION OF TERRORIST ACTS AND APPREHEND INDIVIDUALS WHO
MAY COMMIT OR PLAN TO COMMIT SUCH ACTS.
ADMINISTRATION RECOMMENDATION
Approve the Resolution.
ANALYSIS
The Miami Division of the Federal Bureau of Investigation (FBI) has established the South Florida
Joint Terrorism Task Force (JTTF) ("Task Force") for the purpose of prevention, preemption,
deterrence and investigation of terrorist acts; and apprehend individuals who may commit or plan to
commit such acts. This Task Force will enhance the effectiveness of Federal, State and local law
enforcement resources through a well-coordinated initiative seeking the most effective investigative
and prospective avenues and to facilitate the sharing of FBI information with the intelligence and law
enforcement communities to protect the United States and the City of Miami Beach against threats to
our national security, including international terrorism.
In an effort to support the JTTF,the Miami Beach Police Department(MBPD)has been asked by the
FBI to participate and execute a Memorandum of Understanding between the FBI and the City of
Miami Beach on behalf of the MBPD. As a result, a Detective from the Criminal Investigations
Division will be assigned to the JTTF to work in conjunction with their personnel in identifying,locating
and apprehending individuals who commit these crimes in the City of Miami Beach and South Florida.
Participation in the JTTF will benefit the City of Miami Beach and the MBPD because of access to
increased investigative resources and capabilities. Pursuant to the Memorandum of Understanding
the FBI has agreed to provide access to a vehicle; reimburse the City of Miami Beach for overtime
expenses, travel, and investigative expenses incurred by the MBPD Detective in connection with
JTTF investigations pending available funding. Upon the signatures of all the parties to the
Memorandum of Understanding,the Detective can participate in the JTTF for the duration of the Task
Force unless either the FBI or the City of Miami Beach should decide to withdraw.
JLM:4 tr
I
JOINT TERRORISM TASK FORCE
STANDARD MEMORANDUM OF UNDERSTANDING
BETWEEN
THE FEDERAL BUREAU OF INVESTIGATION
AND
Miami Beach Police Department
PREAMBLE
The policy of the United States with regard to domestic and international terrorism is to deter,
defeat, and respond vigorously to all terrorist attacks on our territory and against our citizens, or
facilities. Within the United States,the Department of Justice,acting through the Federal Bureau
of Investigation(FBI), is the lead agency domestically for the counterterrorism effort.
In'order to ensure that there is a robust capability to deter, defeat, and respond vigorously to
terrorism in the U.S. or against any U.S. interest, the FBI recognizes the need for all federal, state,
local, and tribal agencies that are involved in fighting terrorism to coordinate and share
information and resources. To that end, the FBI believes that the creation of the FBI National
Joint Terrorism Task Force (NJTTF) and Joint Terrorism Task Forces(JTTFs)embodies the
objectives of the U.S. policy on counterterrorism as set forth in Presidential Directives.
FBI policy for the NKTF and JTTFs is to provide a vehicle to facilitate sharing FBI information
with the intelligence and law enforcement communities to protect the United States against threats
to our national security,including international terrorism,and thereby improve the effectiveness of
law enforcement, consistent with the protection of classified or otherwise sensitive intelligence
and law enforcement information, including sources and methods. All NJTTF and JTTF
operational and investigative activity, including the collection, retention and dissemination of
personal information, will be conducted in a manner that protects and preserves the constitutional
rights and civil liberties of all persons in the United States.
This Memorandum of Understanding(MOU) shall serve to establish the parameters for the detail
of employees(Detailees or members) from the Participating Agency to the FBI-led J'FTFs in
selected locations around the United States.
I. PURPOSE
A. The purpose of this MOU is to outline the mission of the JTTF,and to formalize the
relationship between the FBI and the Participating Agency-_ in order to maximize
cooperation and to create a cohesive unit capable of addressing the most complex
terrorism investigations.
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B. The MOU specifically represents the agreement between the FBI and the
Participating Agency, which will govern the process by which employees of the
Participating Agency are detailed to work with the FBI as part of the JTTF-
C. 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, their parent agencies, the U.S.,or the officers,employees,
agents or other associated personnel thereof.
II. MISSION
The mission of the JTTF is to leverage the collective resources of the member agencies for the
prevention, preemption, deterrence and investigation of terrorist acts that affect United States
interests, and to disrupt and prevent terrorist acts and apprehend individuals who may commit or
plan to commit such acts. To further this mission, the JTTF shall serve as a means to facilitate
information sharing among JTTF members.
III. AUTHORITY
Pursuant to 28 U.S.C. ' 533, 28 C.F.R. ' 0.85, Executive Order 12333, as amended,National
Security Presidential Directive (NSPD)46/Homeland Security Presidential Directive (HSPD) 15
and Annex II thereto, the FBI is authorized to coordinate an intelligence, investigative, and
operational response to terrorism. By virtue of that same authority, the FBI formed JTTFs
composed of other federal,state,local,and tribal law enforcement agencies acting in support of the
above listed statutory and regulatory provisions.
[Participating agencies may include applicable authority for entering into this MOU.]
IV. CONTROLLING DOCUMENTS
A. Since the JTTF operates under the authority of the Attorney General of the United
States, all JTTF participants must adhere to applicable Attorney General=s
Guidelines and directives,to include the following=as amended or supplemented:
1. Attorney General=s Guidelines on General Crimes, Racketeering
Enterprise and Terrorism Enterprise Investigations;
2. Attorney General=s Guidelines for FBI National Security Investigations
and Foreign Intelligence Collection;
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Neither it nor its contents may be released without authorization by FBI Headquarters.
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3. Attorney General=s Guidelines on Federal Bureau of Investigation
Undercover Operations;
4. Attorney General=s Guidelines Regarding Prompt Handling of Reports of
Possible Criminal Activity Involving Foreign Intelligence Sources;
5. Attorney General Memorandum dated March 6, 2002; titled AIntelligence
Sharing Procedures for Foreign Intelligence and Foreign
Counterintelligence Investigations Conducted by the FBI @;
6. Attorney General=s Guidelines Regarding the Use of Confidential
Informants;
7. Attorney General=s Guidelines on the Development and Operation of FBI
Criminal Informants and Cooperative Witnesses in Extraterritorial
Jurisdictions,
S. Attorney General=s Guidelines Regarding Disclosure to the Director of
Central Intelligence and Homeland Security Officials of Foreign
Intelligence Acquired in the Course of a Criminal Investigation; and
9. Memorandum from the Deputy Attorney General and the FBI Director re:
Field Guidance on Intelligence Sharing Procedures for [Foreign
Intelligence] and [Foreign Counterintelligence] Investigations (December
24, 2002).
B. All guidance on investigative matters handled by the JTTF will be issued by the
Attorney General and the FBI. The FBI will provide copies of the above-listed
guidelines and any other applicable policies for reference and review to all JTTF
members. Notwithstanding the above, this MOU does not alter or abrogate
existing directives or policies regarding the conduct of investigations or the use of
special investigative techniques or controlled informants. The FBI agrees to
conduct periodic briefings of the member agencies of the JTTF pursuant to all legal
requirements and FBI policies.
V. STRUCTURE AND MANAGEMENT OF THE TASK FORCE
A. MEMBERS
1. Each JTTF shall consist of a combined body of sworn and non-sworn
personnel from the FBI and each Participating Agency. This MOU shall
apply to Participating Agencies that join the JTTF subsequent to execution
of this agreement.
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Neither it nor its contents may be released without authorization by F.BI Headquarters.
FOR OFFICIAL USE ONLY
B. PROGRAM MANAGEMENT. DIRECTION. AND SUPERVISION
1. In order to comply with Presidential Directives, the policy and program
management of the JTTFs is the responsibility of FBI Headquarters
(FBIHQ). The overall commander of each individual JTTF will be the
Special Agent in Charge (SAC) or Assistant Director in Charge (ADIC), if
assigned, of the FBI=s local Field Division. The operational chain of
command beginning at the highest level, in each FBI Field Division will be
as follows: ADIC if assigned, SAC, Assistant Special Agent in Charge
(ASAC), and Supervisory Special Agent [JTTF Supervisor].
2. Each FBI ADIC/SAC, through his or her chain-of-command, is responsible
for administrative and operational matters directly associated with the
Division=s JTTF(s). Operational activities will be supervised by FBI
JTTF Supervisors. Staffing issues are the responsibility of the FBI chain
of command.
3. All investigations opened and conducted b the JTTF must be conducted in
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conformance with FBI policy, to include the above stated Controlling
Documents. Each FBI ADIC/SAC,through his or her chain-of-command,
will ensure that all investigations are properly documented on FBI forms in
accordance with FBI rules and regulations. Any operational problems will
be resolved at the field offs v
office level. An problems not resolved at the field
Any
level will be submitted to each agency=s headquarters for resolution.
4. Each Participating Agency representative will report to his or her respective
agency for personnel 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 JTTFs.
As discussed later herein at Paragraph XI, the FBI and the Participating
Agency may provide for overtime reimbursement by the FBI by separate
written agreement.
5. Each JTTF member will be subject to the personnel rules, regulations,laws,
and policies applicable to employees of his or her respective agency and
also will adhere to the FBI=s ethical standards and will be subject to the
Supplemental Standards of Ethical Conduct for employees of the
Department of Justice. Where there is a conflict between the standards or
requirements of the Participating Agency and the FBI; the standard or
requirement that provides the greatest organizational protection or benefit
will apply, unless the organizations jointly resolve the conflict otherwise.
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Neither it nor its contents may be released without authorization by FBI Headquarters.
FOIE OFFICIAL USE ONLY
6. JTTF members are subject to removal from the J"ITF by the FBI for
violation of any provision of this MOU, the FBI=s ethical standards, the
Supplemental Standards of Ethical Conduct for employees of the
Department of Justice, or other applicable agreements, rules, and
regulations.
7. The FBI maintains oversight and review responsibility of the JTTFs. In
the event of an FBI inquiry into JTTF activities by an investigative or
administrative body, including but not limited to, the FBI=s Office of
Professional Responsibility or the FBI=s Inspection Division, each
Participating Agency representative to the JTTF. may be subject to
interview by the FBI.
C. PHYSICAL LOCATION AND SUPPORT:
1. The FBI will provide office space for all JTTF members and support staff.
In addition, the FBI will provide all necessary secretarial, clerical,
automation, and technical support for the JTTF in accordance with FBI
guidelines and procedures. The FBI will provide all furniture and office
equipment. Participating agencies may bring office equipment or furniture
into FBI space with the approval of the FBI JTTF Supervisor and in
compliance with FBI regulations.
2. The introduction of office equipment and furniture into FBI space by
Participating Agencies is discouraged, as any such material is subject to
examination for technical compromise, which may result in its being
damaged or destroyed.
VI. SECURITY PROGRAM
A. CLEARANCES
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Neither it nor its contents may be released without authorization by FBI Headquarters.
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1. State, local, and tribal members of the JTTFs, as well as appropriate
supervisory personnel responsible for these individuals, must apply for and
receive a Top Secret/Sensitive Compartmented Information (TS/SCI)
Security Clearance granted by the FBI. JTTF members from other federal
agencies must obtain a Top Secret/SCI clearance from their agency and
have this information passed to the FBI. No one will have access to
sensitive or classified documents or materials or FBI space without a valid
security clearance and the necessary Aneed-to-know.@ Pursuant to the
provisions of Section 1.2 of Executive Order 12968, Detailees are required
to have signed a nondisclosure agreement approved by the FBI=s Security
Division. Pursuant to federal law, JTTF members are strictly forbidden
from disclosing any classified information to individuals who do not
possess the appropriate security clearance and the need to know.
2. All JTTF management personnel must ensure that each participating JTTF
officer or agent undertakes all necessary steps to obtain a TS/SCI clearance.
Conversion of FBI counterterrorism and JTTF spaces to Sensitive
Compartmented Information Facilities (SCIFs) is underway. This will
require that all JTTF task force officers enhance their clearances to TS/SCI
(SI; TK, Gamma; HCS-P).
3. Federal agency task force officers should contact their Security Officers and
request and obtain the following SCI Clearances: SI, TK, Gamma, and
HCS-P. If the parent agency refuses or is unable to provide the appropriate
clearances, the FBI will request the task force officer=s security file. If
provided;the FBI will adjudicate SCI clearances. This action may involve
a prohibitively long process and should be avoided.
4. Each Participating Agency fully understands that its personnel detailed to
the JTTF are not permitted to discuss official JTTF business with
supervisors who are not members of the JTTF unless the supervisor
possesses the appropriate security clearance and the dissemination or
discussion is specifically approved by the FBI JTTF Supervisor.
Participating Agency heads will be briefed regarding JTTF matters by the
SAC or ADIC, as appropriate, through established JTTF Executive Board
meetings.
5. In accordance with the Director of Central Intelligence Directive (DCID)
6/4, entitled Personnel Security Standards and Procedures Governing
Eligibility for Access to Sensitive Compartmented Information(SCI), the
FBI will implement protocols to ensure Special Agent(SA) and Task Force
Officers (TFO) assigned to Joint'Terrorism Task Forces(J"I'TF) in the field
and the National Joint Terrorism Task Force(NJTTF)at FBI Headquarters-
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Neither it nor its contents may be released without authorization by FBI Headquarters.
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Liberty Crossing 1, are in compliance with stated directive. In order to
comply with DCID 6/4, all JTTF personnel, including FBI and non-FBI
JTTF members and contractors who perform functions requiring access to
FBI classified data networks and space, will be given counter-intelligence
focused polygraphs. The FBI will recognize polygraph examinations
conducted by outside federal agencies that meet the FBI=s PSPP
requirement. The FBI will make the final determination whether a
polygraph examination meets the PSPP requirements.
6. All JTTF members must agree to submit to counter-intelligence focused
polygraphs as part of the process for obtaining and retaining a Top Secret
Security Clearance.
B. RESTRICTIONS ON ELECTRONIC EQUIPMENT
Personally owned Portable Electronic Devices (PEDs) including, but not limited to,
personal digital assistants, Blackberry devices, cellular telephones, and two-way pagers are
prohibited in FBI space unless properly approved. No personally owned electronic devices
are permitted to operate within SCIFs as outlined in DCI Directive 6/9 and existing Bureau
policy. All other non-FBI owned information technology and systems (such as computers,
printers, fax machines, copiers, PEDs, cameras, and media including diskettes, CDS,
tapes) require FBI approval prior to introduction, operation, connection, or removal from
FBI spaces to include SCIFs. Additionally, if approved by the FBI Security Officer, these
systems must operate in compliance with the FBI=s policies, guidelines, and procedures.
VII. DEPUTATION
Non-federal members of the JTTF who are subject to a background inquiry and are sworn law
enforcement officers will be federally deputized while detailed to the n'TF. The FBI will secure
the required authorization for their deputation. Deputation of these individuals will ensure that
they are able to assist fully in investigations in compliance with applicable federal statutes. On
occasion, investigations may be conducted outside of the JTTF=s assigned territory. Deputation
will allow non-federal members of the JTTF to exercise federal law enforcement authority
throughout the United States.
Under the terms of this MOU,all Participating Agencies agree that non-sworn personnel detailed to
the JTTF will not : (1) participate in law enforcement activities, (2) carry a weapon; or
(3)participate in the execution of search/arrest warrants.
VIII. STAFFING COMMITMENT
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A. In view of the need for security clearances and continuity of investigators, all
personnel detailed to the JTTF should be expected to be detailed for a period of at
least two (2)years. This MOU imposes no maximum limit as to the time that any
individual may remain a member of the JTTF. All non-FBI members of the JTTF
must adhere to the same rules and regulations as FBI employees with regard to
conduct and activities while in FBI space, while operating FBI vehicles, and while
conducting JTTF business. All Task Force members detailed from other federal
agencies are responsible for maintaining an appropriate case load, as directed by
JTTF management.
B. All investigators detailed to the JTTF will be designated either full-time or
part-time. The operational needs of the JTTF require that any assignments to
special details, or duties outside of the JTTF to full-time JTTF members be
coordinated with the FBI JTTF Supervisor. Though each JTTF member will report
to his or her respective Participating Agency for personnel matters, he or she will
coordinate leave with the JTTF=s FBI JTTF Supervisor.
C. During periods of heightened threats and emergencies, the JTTFs may be expected
to operate 24 hours per day, seven days per week, for extended periods of time.
To function properly, the JTTF depends upon the unique contributions of each
Participating Agency. Accordingly, during these periods, each Participating
Agency member will be expected to be available to support JTTF activities.
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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
IX. RECORDS. REPORTS AND INFORMATION SHARING
A. All JTTF materials and investigative records, including any Memorandum of
Understanding, originate with, belong to, and will be maintained by the FBI. All
investigative reports will be prepared by JTTF personnel solely on FBI forms. All
information generated by the FBI or the JTTF will be controlled solely by the FBI
and may not be removed from FBI space without the approval of the JTTF
Supervisor. Dissemination, access or other use of JTTF records will be in
accordance with Federal law, Executive Orders, and Department of Justice and FBI
regulations and policy, including the dissemination and information sharing
provisions of the FBI Intelligence Policy Manual. As FBI records, they may be
disclosed only with FBI permission and only in conformance with the provisions of
federal laws and regulations, including the Freedom of Information Act, 5 U.S.C.
Section 552, and the Privacy Act of 1974, 5 U.S.C. Section 552a, as well as
applicable civil and criminal discovery privileges. This policy includes any
disclosure of FBI information, including JTTF materials and investigative records,
to employees and officials of a Participating Agency who are not members of a
JTTF, which must be approved by the JTTF supervisor. All electronic records and
information, including, but not limited to, systems, databases and media, are also
regulated by FBI policy. JTTF members may request approval to disseminate FBI
information from the JTTF Supervisor.
B. Each Participating Agency agrees to have its Detailees to the JTTF execute an
FD-8681 or a similar form approved by the FBI . This action obligates the Detailee,
who is accepting a position of special trust in being granted access to classified and
otherwise sensitive information as part of the JTTF, to be bound b YP prepublication
ublication
review to protect against the unauthorized disclosure of such information.
C. The participation of other federal state, and tribal partners on the JTTF is
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critical to the long-term success of the endeavor. Articulating the level of effort for
these partnerships is a key measure of the JTTF=s performance. Accordingly, all
task force members will be required to record their workload in the"Time Utilization
Recordkeeping (TURK) system used by the FBI.
X. COORDINATION
A. The Participating Agency agrees to not knowingly act unilaterally on any matter
affecting the JTTF without first coordinating with the FBI. The parties agree that
matters designated to be handled by the JTTF shall not knowingly be subject to
non-JTTF or non-FBI intelligence, law enforcement, or operational efforts by the
Participating Agency. Intelligence, law enforcement, and operational actions will
be coordinated and cooperatively carried out within the JTTFs.
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Neither it nor its contents may be released without authorization by FBI Headquarters.
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B. JTTF criminal investigative procedures will conform to the requirements for federal
prosecution. It is expected that the appropriate United States Attorney, in
consultation with the FBI and affected JTTF partners, will determine on a
case-by-case basis whether the prosecution of cases will be at the federal or state
level, based upon which would better advance the interests of justice.
XI. FUNDINIG
This MOU is not an obligation or commitment of funds, nor a basis for transfer of funds. Even
where one party has agreed (or later does agree)to assume a particular financial responsibility,
written agreement must be obtained before incurring an expense expected to be assumed by
another party. All obligations of and expenditures by the parties are subject to their respective
budgetary y and fiscal processes and availability of funds pursuant to all laws, regulations, and
policies applicable thereto. The parties acknowledge that there is no intimation, p romise, or
guarantee that funds will be available in future years. The FBI and the Participating Agency may
enter into a separate agreement to reimburse the Participating Agency for approved overtime
expenses.
XII. TRAVEL
All JTTF-related travel of non-FBI personnel requires the approval of the appropriate JTTF
Supervisor and Participating Agency authorization prior to travel. In order to avoid delay in
operational travel, the Participating Agency will provide general travel authority to all of its
participating employees for the duration of the employee=s membership in the JTTFs. For
domestic travel,each agency member will be responsible for appropriate notifications within his or
her own agency, as well as standard FBI travel approvals and notification. The FBI will obtain
FBIHQ authorization and country clearances for all JTTF members who are required to travel
outside the United States. As noted above, the appropriate security clearance must be obtained
prior to any international travel. The FBI will pay costs for travel of all members of the JTTFs to
conduct investigations outside of the JTTF=s assigned territory.
XIII. VEHICLES AND EQUIPMENT
A. In furtherance of this MOU, employees of the Participating Agency may be
permitted to drive FBI owned or leased vehicles for surveillance, case management
and investigation in connection with any JTTF investigation. FBI vehicles must
only be used for official JTTF business and only in accordance with applicable FBI
rules and regulations.
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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
B. [non-Federal entities only)Any civil liability arising from the use of an FBI owned
or leased vehicle by a Participating Agency task force member while engaged in any
conduct other than his or her official duties and assignments under this MOU shall
not be the responsibility of the FBI or the United States. To the extent permitted by
applicable law; the Participating Agency will 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 a Participating Agency JTTF member which is
outside of the scope of his or her official duties and assignments under this MOU.
C. For official inventory purposes, all JTTF equipment including badges, credentials
and other forms of JTTF identification subject to FBI property inventory
requirements will be produced by each JTTF member upon request. At the
completion of the member=s assignment on the JTTF, or upon withdrawal or
termination of the Participating Agency from the JTTF, all equipment will be
returned to the supplying agency.
XIV. FORFEITURE,
The FBI shall be responsible for the processing of assets seized for federal forfeiture in
conjunction with JTTF operations; as provided by these rules and regulations. Asset forfeitures
will be conducted in accordance with federal law and the rules and regulations set forth by the U.S.
Department of Justice and the FBI. Forfeitures attributable to JTTF investigations may be
distributed among the Participating Agencies in JTTF-related operations at the discretion of the
FBI.
XV. HUMAN SOURCES
A. All human sources developed through the JTTF will be handled in accordance
with the Attorney General=s and the FBI=s guidelines; policies and procedures.
B. All human sources developed during the course of any JTTF investigation shall be
operated with all appropriate FBI suitability paperwork completed prior to use.
All source debriefings or written products of information obtained from any human
source will use FBI document format and handling procedures.
C. The FBI, as permitted by federal law, agrees to pay reasonable and necessary
human source expenses incurred by the JTTF. All expenses must be approved by
the FBI before they are incurred. No payments may be made to JTTF human
sources without prior FBI approval.
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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
XVI. MEDICAL
A. All Participating Agencies will ensure that detailed JTTF members are medically
qualified according to their agencies' standards to perform law enforcement duties, functions and
responsibilities.
B. To ensure protection for purposes of the Federal Employees' Compensation Act
(FECA), JTTF members should be detailed to the FBI consistent with the provisions of the
Intergovernmental Personnel Act(IPA), 5 U.S.C. ' 3374(d). This Act stipulates that "[a] State
or local government employee who is given an appointment in a Federal agency for the period of
the assignment or who is on detail to a Federal agency and who suffers disability or dies as a result
of personal injury sustained while in the performance of his duty during the assignment shall be
treated . . . as though he were an employee as defined by section 8101 of this title who has
sustained the injury in the performance of duty." Other provisions of federal law may extend
FECA benefits in more limited circumstances. The Department of Labor's Office of Workers'
Compensation Programs is charged with making FECA coverage determinations and is available
to provide guidance concerning specific circumstances.
XVII. TRAINING
All JTTF members are required to attend FBI legal training in compliance with FBI regulations and
any other training deemed necessary by the FBI chain of command. The FBI is responsible for the
costs of such training. The Participating Agency will bear the costs of any training required of its
own employees detailed to the JTTF.
XVIII. DEADLY FORCE AND SHOOTING INCIDENT POLICIES
Members of the JTTF will follow their own agency=s policy concerning use of deadly force.
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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
XIX. DEPARTMENT OF DEFENSE COMPONENTS
The Posse Comitatus Act, 18 U.S.C. ' 1385, prohibits the Army and Air Force (Department of
Defense regulations now restrict the activities of all branches or components of the Armed Services
under this Act) from being used as a posse comitatus or otherwise to execute the laws entrusted to
civilian law enforcement authorities. The restrictions of the Act do not apply to civilian employees
of the Department of Defense who are not acting under the direct command and control of a
military officer. Other statutory provisions specifically authorize certain indirect and direct
assistance and participation by the military in specified law enforcement functions and activities.
All Department of Defense components(except strictly civilian components not acting under direct
command and control of a military officer) who enter into this agreement, shall comply with all
Department of Defense regulations and statutory authorities(describing restrictions,authorizations
and conditions in support of law enforcement) including but not limited to Department of Defense
Directives 5525.5, and 3025.15, Chapter 18 of Title 10 of the United States Code dealing with
military support for civilian law enforcement agencies and any other or subsequent rules,
regulations, and laws that may address this topic or that may amend, or modify any of the above
provisions. This MOU shall not be construed to authorize any additional or greater authority(than
already described)for Department of Defense components to act in the support of law enforcement
activities.
XX. MEDIA
All media releases will be mutually agreed upon and jointly handled by the member Participating
Agencies of the appropriate JTTF. Press releases will conform to DOJ Guidelines regarding press
releases. No press release will be issued without prior FBI approval.
XXI. LIABILITY
The Participating Agency acknowledges that financial and civil liability, if any and in accordance
with applicable law, for the acts and omissions of each employee detailed to the JTTF remains
vested with his or her employing agency. However, the Department of Justice (1301) may, in its
discretion, determine on a case-by-case basis that an individual should be afforded legal
representation, legal defense, or indemnification of a civil judgment, pursuant to federal law and
DOJ policy and regulations.
A. COMMON LAW TORT CLAIMS
1. Congress has provided that the exclusive remedy for the negligent or
wrongful act or omission of an employee of the U.S. Government, acting
within the scope of his or her employment, shall be an action against the
United States under the FICA, 28 U.S.C. ' 1346(b), and ' ' 2671 - 2680.
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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
2. Notwithstanding the provisions contained in Article X1II of this MOU, for
the limited purpose of defending civil claims arising out of JTTF activity, a
state, local, or tribal law enforcement officer who has been federally
deputized and who is acting within the course and scope of his or her
official duties and assignments pursuant to this MOU may be considered an
Aemployee@ of the U.S. government,as defined at 28 U.S.C. ' 2671. See 5
U.S.C. ' 3374(c)(2).
3. Under the Federal Employee Liability Reform and Tort Compensation Act
of 1998 (commonly known as the Westfall Act), 28 U.S.C. ' 2679(b)(1), if
an employee of the United States is named as a defendant in a civil action,
the Attorney General or his or her designee may certify that the defendant
acted within the scope of his or her employment at the time of the incident
giving rise to the suit. 28 U.S.C. ' 2679(d)(2). The United States can then
be substituted for the employee as the sole defendant with respect to any tort
claims alleged in the action. 28 U.S.C. ' 2679(d)(2). If the United States
is substituted as defendant, the individual employee is thereby protected
from suit on any tort claim arising out of the incident.
4. If the Attorney General declines to certify that an employee was acting
within the scope of employment,Athe employee may at any time before trial
petition the court to find and certify that the employee was acting within the
scope of his office or employment.@ 28 U.S.C. ' 2679(d)(3).
5. Liability for any negligent or willful acts of JTTF members undertaken
outside the terms of this MOU will be the sole responsibility of the
respective employee and agency involved.
B. CONSTITUTIONAL CLAIMS
1. Liability for violations of federal constitutional law may rest with the
individual federal agent or officer pursuant to Bivens v. Six Unknown
Names Agents of the Federal Bureau of Narcotics. 403 U.S. 388 (1971) or
pursuant to 42 U.S.C. ' 1983 for state officers.
2. Federal, state, local, and tribal officers enjoy qualified immunity from suit
for constitutional torts, Ainsofar as their conduct does not violate clearly
established statutory or constitutional rights of which a reasonable person
would have known.@ Harlow v. Fitzgerald, 457 U.S. 800 (1982).
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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
3. If a Participating Agency JTTF officer is named as a defendant in his or her
individual capacity in a civil action alleging constitutional damages as a
result of conduct taken within the course of the JTTF, the officer may
request representation by DOJ. 28 C.F.R. ' ' 50.15, 50.16.
4. An employee may be provided representation Awhen the actions for which
representation is requested reasonably appears to have been performed
within the scope of the employee=s employment, and the Attorney General,
or his or her designee, determines that providing representation would
otherwise be in the interest of the United States.@ 28 C.F.R. ' 50.15(a).
5. A JTTF member=s written request for representation should be directed to
the Attorney General and provided to the Chief Division Counsel (CDC) of
the FBI division coordinating the JTTF. The CDC will forward the
representation request to the FBI=s Office of the General Counsel (OGC),
together with a letterhead memorandum concerning the factual basis of the
lawsuit. FBI=s OGC will then forward the request to the Civil Division of
DOJ,together with an agency recommendation concerning scope of
employment and DOJ representation. 28 C.F.R. ' 50.15(a)(3).
6. If a JTTF member is found to be liable for a constitutional tort,he or she may
request indemnification from DOJ to satisfy an adverse judgement rendered
against the employee in his or her individual capacity. 28 C.F.R.
' 50.15(c)(4). The criteria for payment are substantially similar to those
used to determine whether a federal employee is entitled to DOJ
representation under 28 C.F.R. ' 50.15(a).
7. Determinations concerning legal representation and indemnification by the
United States are discretionary and are made by DOJ on a case-by-case
basis. The FBI cannot guarantee that the United States will provide legal
representation, legal defense, or indemnification to any federal or state
employee detailed to the JTTF,and nothing in this Article shall be deemed to
create any legal right on the part of any JTTF personnel.
C. EXPRESS RESERVATIONS
1. Nothing in this Article shall be deemed to create an employment relationship
between the FBI or the United States and any Participating Agency JTTF
member other than for exclusive purposes of the FTCA, as outlined herein.
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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
2. The participating agencies do not waive any available defenses and/or
limitations on liability. No Participating Agency shall be considered to be
an agent of any other Participating Agency.
XXII. DURATION
A. The term of the MOU shall be an indefinite period. The MOU may be terminated at
will by any party, provided written notice is provided to the other parties of not less
than sixty(60)days. Upon termination of the MOU,all equipment will be returned
to the supplying agency(ies). It is understood that the termination of this agreement
by any one of the Participating Agencies will have no effect on the agreement
between the FBI and all other participating agencies.
B. Notwithstanding this provision, the provisions of Paragraph IX, entitled
RECORDS, REPORTS AND INFORMATION SHARING, and Paragraph XXI,
entitled LIABILITY, will continue until all potential liabilities have lapsed.
Similarly, the inherent disclaimer limitation contained in the EXPRESS
RESERVATION provision will survive any termination.
XXIII. AMENDMENTS
This agreement in no manner affects any existing MOUs or agreements with the FBI or any other
agency. This agreement may be amended only by mutual written consent of the parties. The
modifications shall have no force and effect unless such modifications are reduced to writing and
signed by an aut ize epresentative of the FBI and the Participating Agency.
SIGNATORIES/
Date.
7 Date:
SAC- FBI
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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.
COST REIMBURSEMENT AGREEMENT
BETWEEN
THE FEDERAL BUREAU OF INVESTIGATION (FBI)
AND
MIAMI BEACH POLICE DEPARTMENT
TASK FORCE FILE# 415-MM-C48640
Pursuant to Congressional appropriations, the FBI receives authority to pay overtime for police
officers assigned to the formalized South Florida JTTF 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 Miami Beach Police Department located at 1100 Washington
Avenue Miami Beach, FL 33139, Taxpayer Identification Number Phone Number
305-673-7925 .
1. Commencing upon execution of this agreement,the FBI will, subject to availability of
required funding, reimburse the agency for overtime payments made to officers assigned full-
time to the task force.
2. Requests for reimbursement will be made on a monthly basis and should be forwarded to
the FBI 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
agency to the FBI Task Force Squad Supervisor and Special Agent in Charge for their review,
approval, and processing for payment.
3. Overtime reimbursements will be made directly to the agency by the FBI. All overtime
reimbursement payments are made by electronic fund transfer(EFT). An ACH Vendor/
Miscellaneous Payment Enrollment Form must be on file with the FBI to facilitate EFT.
4. 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 30`h 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 agency of the applicable annual limits prior to October 1St of each year.
5. The number of agency officers assigned full-time to the task force 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 task force; this number may change periodically, upward or downward,
as approved in advance by the FBI.
OCCO CRA template 5123104
6. Prior to submission of any overtime reimbursement requests, the agency must prepare an
official document setting forth the identity of each officer assigned full-time to the task force,
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 field office for FBI review and approval.
7. Each request for reimbursement will include the name, rank, ID 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,
signed by an appropriate Supervisor of the agency, 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 task force.
8. Each request for reimbursement will include an invoice number, invoice date, taxpayer
identification number(TIN), and the correct banking information to complete the electronic fund
transfer. The necessary banking information is the Depositor Account Title, Bank Account
Number, Routing Number, and Type of Account(either checking, savings,,or lockbox). If the
banking information changes, a new ACH Vendor/Miscellaneous Payment Enrollment Form
must be submitted to the FBI.
9. Requests for reimbursement must be received by the FBI no later than December 31"of
the next fiscal year for which the reimbursement applies. For example, reimbursements for the
fiscal year ending September 30, 2005 must be received by the FBI by December 31, 2005. The
FBI is not obligated to reimburse any requests received after that time.
10. This agreement is effective upon signature of the parties and will remain in effect for the
duration of the agency's participation in the task force, 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.
FOR THE AGENCY: FOR THE FBI:
Date Special Agent in Charge Date
Contracting Officer Date
FBI Headquarters
OCCO CRA template 512310=