C7O-Execute MOU South Florida Joint Terrorism Task ForceCOMMISSION 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 lnvestigation,
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.
lntended Outcome
Maintain crime rates at or below national trends.
Supporting Data (Surveys, Environmental Scan, etc.): According to the Center For Research and
)ublic 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 Cnme 44.9o/o, Enforcing Traffic Laws 36.1% and
ncreasino Visibilitv of Police in Neiohborhoods 32.4o/o.
lssue:
Shall the Commission adopt this Resolution?
Item Summary/Recommendation :
The Miami Division of the Federal Bureau of lnvestigation (FBl) 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.
ln 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 lnvestigations 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 Citv of Miami Beach should decide to withdraw.
NA
Financial lnformation:
Source of
Funds:
Amount Account
1
2
3
OBPI Total
Financial lmpact Summary:
NA
N/A
Department Director Assistant Gity Manager Qity Manager
Daniel J. Oates, Chiefffi'[)
Miami Beach Police Ddou rn
AGEN TEM caoMIAMIBTACHoArE ?/0'/q303
MIAMIBEACH
City of Miomi Beoch, 1700 Conveniion Cenler Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
the City
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 FLORIDAJOINTTERRORISM 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.
ADM IN ISTRATION RECOM MEN DATION
Approve the Resolution.
ANALYSIS
The Miami Division of the Federal Bureau of lnvestigation (FBl) 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.
ln an effort to support the JTTF, the Miami Beach Police Department (MBPD) has been asked bythe
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 lnvestigations
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 Cityof 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.
rr-rr,,,##tr
TO:
FROM:
Mayor Philip Levine and Members
Jimmy L. Morales, City Manager
DATE: September10,2014
SUBJECT: A RESOLUTION OF THE MAYOR
304
RESOLUTION NO.
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 MIAM! BEACH POLICE DEPARTMENT, AND THE
FEDERAL BUREAU OF INVESTIGATION, SOUTH FLORIDA JOINT
TERRORISM TASK FORCE FOR THE PURPOSE OF THE
PREVENTION, PREEMPTION, DETERRENCE AND INVESTIGATTON
OF TERRORIST ACTS, AND APPREHEND INDIVIDUALS WHO MAY
COMMIT OR PLAN TO COMMIT SUCH ACTS.
WHEREAS, the Miami Division of the Federal Bureau of lnvestigation (FBl) 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 lnvestigation, 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
GOMMISSION OF THE GITY 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 lnvestigation, 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 ADOPTED this day of September,2014.
ATTEST:
MAYOR PHILIP LEVINE
AppRovEDAS To
FORM & LANGUAGE
& FOH EXECUTION
RAFAEL E. GRANADO, CITY CLERK
305
JOINT TERRORISM TASK T'ORCE
S I'ANDARD MEMORANDUM OF UNDERSTANDING
BETWEEN
THE IIEDERAL BURLAU OF INVES'I'IGATION
AND
Miami Beach Police Department
PREAMBLE
'lhe 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 lJureau
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 F'BI recognizes the need for all federal, state.
local, and tribal agencies that are involved in fighting terrorism to coordinate ancl share
information ernd resources. 'to that end. the IBl believes that the creation of the FBI National
Joint -l'enorism 'l'ask Force (NJ'l''l"F) and Joint Terrorism'Iask Forces (J'l"fFs) embodies the
objectivcs of the l"J.S. policy on counterterrorism as set forth in Presidential Directives.
FBI policy for the NJ'I"[F and JT'I'Fs is to provide a vehicle to facilitate sharing F Bl information
with the intelligence eund law enforcement communities to protect the United States against threats
to our national securiqv, including international terrorism. and thereby improve the effectiveness of
law enforcement, consistent with the protection of classified or otherwise sensitivc intelligence
and law enfbrcement information, including sources and methods. All NJI'TF and JTTIr
operational and investigative activilv. 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.
'l'his Memorandum of Understanding (MOLI) shall serv'e to establish the parameters for the detail
of employees (Detailees or members) from the Participating Agency to the FBl-led J'l-'IF's in
selected locations around the [Jnited States.
I.PLJRP-OS-H
A. 'I'he purpose of this MOU is to outline the mission of the J'I"[F, 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
tcrrorism investigations.
306
FOR OFI.'ICIAL I-,SE ONLY
13. 'l'he MOl; specificalll represents the agreement befween the Flll and the
Participating Agenc;-. which will govern the process by which employees o{'the
Participating Agency are detailed to work with the FBI as part o( the J'|TF.
Cl. 'l'his MOU is not intended. and should not be construed, to create any right or
benefjt, substantive or procedural, enforceable at law or otherwise by any third
party against the parties. their parent agencies. the U.S., or the ofl'icers- employees.
agents or other associated personnel thereof.
II. MISSTQ](
'l'he mission of the J'l"l'F is to leverage the collective resourses of the member agencies for the
prevention. preemption. deterrence and investigation of terrorist acts that aff'ect United States
interests, and to disrupt and prevent tcrrorist acts and apprehend individuals who ma,,,- commit or
plan to commit such acts. 'fo further this rnission, the JTTF shall serve as a means to facilitate
inlormation sharing among J'I'TF members.
III. ALi'l'llQRIlY
Pursuemt to 28 1J.S.Cl. ' 533, 28 C.l".R. ' 0.85. Executive Order 12333, as amended, National
Sccurity Presidential Directive (NSPD) 46l Ilomeland Security Presidential Directive (llSPD) l5
and Annex Il thereto, the FBI is authorized to coordinate an intelligence. investigative. and
opcrationalresponse to terrorism. Ely virtue of that same authority, the FBI formed J'l"l'Fs
composed of other federal. state. local. and tribal larv enforcement agencies acting in support of the
aboye listed statutory and regulatory prol'isions.
ll'>urliciputing agencies muy include applicable authoriry\for enterinl; into this MOU.l
rv. eQN'lllQLLlNE.pQ_qJME"ljlS
A. Since the J'l"l'F operates under the authority of the Attorney General of'the LJnited
States. all J'l"l'F participants must adhere to applicable Attorney General=s
Guidelines and directives. to include the following, as amended or supplemented:
1. Attomey General=s Guidelines on General Crimes. Racketeering
Entcrprise and T'errorism linterprise Investigations;
2. Attome.v General=s Guidelines tbr FIII National Security Investigations
and F'oreign lntelligence Collection:
FOR oFFIcr,iI UsE oNLY
This document is the propertv of the t'BI and is lo*ned to your agency.
Neither it nor its contents may be released without authorization by FBI Headquarters.
307
rOR OFFICIAL USE ONI,Y
i. ;\tttlrnev General.=s Guidelines on Federal Bureau of Investigation
t- ndercover Operations;
4. Attorncy General=s Guidelines Regarding Prompt F{andling of lleports of
Possible Criminal Activity Involving Ioreign Intelligence Sources;
5. Attome-v- General Memoremdum dated March 6. 2002. titled alntelligence
Sharing Procedures fbr t-oreign Intelligence and Foreign
Counterintelligence Investigations Conducted by the FBIB:
6. Attorne.v- General=s Guidelines Regarding the Use of Confidential
Informants:
7 . Attorne;- (ieneral=s Guidelines on the Development and Opcration of FIJI
Criminal [nformants and Cooperative Witnesses in ]-,xtraterritorial
Jurisdictions:
8. Attorney General=s Guidelines Regarding Disclosure to the Director of'
Central Intelligence and Homeland Security Officials of Foreign
lntelligence Acquired in the Course of a Criminal Investigation: and
9. Nlemorandum from the Deputy Attomey (ieneral a:d the FBI Director re:
Field Guidance on lntelligcnce Sharing Procedures for [Foreign
Intelligence] and IF oreign Counterintelligence] Investigations ( December
24,2002).
B. All guidance on investigative matters handled by the JI"I'F will be issued b,v' the
Attomey General zrnd the FBI. 'l'he FIll will provide copies of the ahove-listcd
guidelines and any other applicable policies for referencc and revicw to all J'l"l'F
members, Notr,r'ithstanding the above, this MOU does not alter or abrogatc
existing directives or policies regarding the conduct of investigations or the use of
speciai investigative techniques or controlled informants. 'l'he FIll agrces to
conduct periodic briefings of the member agencies of the 3'11'1; pursuant to all legal
requirements and F BI policies.
v. s",r Rr.rc_ t-ir R-H_.11\D MANA_GIIAEN:I !!"[HLIA_$K.IABC-E
A. MtiMtllrRs
l. Each J'l"l-F shall consist of a combined body of sworn and non-swom
personnel from the FBI and each Participating Agency. I'his MO(J shall
apply to Panicipating Agencies that join the J'l"l'F subsequent to execution
of this agreement.
3
FOR OFFICIAL USE ONLY
'f his document is the propert-r' of the FBI and is loaned to your agency.
Neither it nor its contents mav be released without authorization by FBI Headquarters.
308
rOR OFTICIAL USE ONLY
B. P.RO c&A r\{ UAN AG E \4U-N 1:t) I RL_Cl:l
"I
gN, AND s Ltp_Ll RV I S_l O N
1. In order to comply with Presidential Directives. the policy and program
management of the J'tTFs is the responsibility of FBI Headquartcrs
(l"BIflQ). 'l'he overall commander of each individual J-l"l'li w.ill be the
Special Agent in Charge (SAC) or Assistant Director in Chiuge (ADIC). if
a-ssigned. of the FBI=s local Field Division. Ihe operational chain of
command beginning at the highest level. in each FIll Field Division will be
as follorvs: ADICI if zxsigned, SAC, Assistant Special Agent in Chuge
(ASAC). and Superv'isory Special Agenr U'fTf Superv.isorl.
2. Each Ftsl ADIC/SAC. through his or her chain-of'-command. is responsible
fbr administrati'v'e and operational matters directly associated with the
Division=s JTI'F(s). Operational activities will be supervised by F'BI
J-l'l'[; Supervisors. Staffing issues are the rcsponsibilitv of the trBI chain
0f command.
All investigations opened and conducted by the J'l"l'F must be conducted in
contbrmance rvith FBI policy, to include the above stated Controlling
I)ocuments. Each Flll ADICISAC, through his or her chain-of-command.
lvill ensure that all inrestigations are propcrly documented on [rBI forms in
accordance with FBI rules and regulations. Any operational problems will
be resolved at the field office level. Any problems not resolved at thc field
otlicc level w'ill be submitted to each ag€nc!=5 headquarters for resolution.
Hach Participating Agency reprcsentative will report to his or her rcspcctive
agency for personnel adminisEative matters. Each Participating Agency
shall be rcsponsible fbr the pay, overtime. leave. performance appraisals.
and other personnel matters relating to its employees detailed to i'l"l'Fs.
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.
Lach J'l"l'F member w'ill 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 ernd will be subject to the
Supplemental Standards of Ethical Conduct for employees of the
Department of Justice. where there is a conflict betw'een 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.
4
FOR OTFICIAL USE ONLY
This document is the properf;- of the FBI and is loaned to your agency.
Neither it nor its contents may be released w'ithout authorization by FBI Headquarters.
J.
I+.
5.
309
6.
rOR OT'FICIAL USE ONLY
J'l"l l: members are subject to removal fiom the J'l"l'F by the IiLll tbr
violation of any provision of this MotJ, the F.Ill=s ethical standards, the
Supplemental Standards of Ethical Conduct fbr employ.ccs of the
Department of Justice. or other applicable agreements, rules. and
regulations.
'l'he FBI maintains oversight and review responsibilit,v of the J1'-l'1.'s. In
the event of an FBI inquiry into J'l"l'F activities by an investigative or
administrative body. including but not limited to, the FIll=s Office of
Professional Responsibiliry" or the FBI. s Inspection Division. each
Participating Agency representative to thc JT-I'F. may be subject to
interview'bv the FBI.
7
C
t."I'he F'Bl will provide offrce space for all J'I'T'F members and support staff.
ln addition, the FBI will provide all necessary secretarial, clerical,
automation, and technical support for the J'l"t'F in accordance with FBI
guidelines and procedures. 'l'he FBI will provide all fumiture and ofllce
equipment. Participating agencies may bring office equipment or furniture
into FBI space with the approval of the f BI JI'I'F Supervisor and in
compliance w'ith IiBI regulations.
l'he introduction of office equipment and fumiture into FIll space by
Participating Agencies is discouraged. as any such material is subject to
examination tbr technical compromise. which may result in its being
dzrnaged or destroyed.
r\.CLHARANCTJS
5
rOR OT-FICIAL USE ONLY
'f his document is the propert-v of the FBI and is loaned to your agency.
Neither it nor its contents may be released without authorization by l'BI Headquarters.
2.
VI.
310
IOR OFFICIAL L,SE ONLY
State, local. and tribal members of the J"l'l'Fs. as well as appropriatc
superr,isorl personnel responsible for these individuals" must apply fbr zrnd
rece ive a'l'op Secret/sensiti ve compartmented Information (' I'sls cl I )
Security clearance granted by the IjBI. J'I'TF members firom other federa]
agencics must obtain a'fop SecreVSCll clearance fiom their agency and
have this information passed to &e IiBI. No one will have access to
sensitive or classified documents or materials or FBI space without a vali<l
security'clearance and the necessary Aneed-to-know.B Pursuant to the
provisions of Section I .2 of Executive order 12968. Detailees are required
to have signed a nondisclosure agreement approved by the I.'BI,,s Security
Division. Pursuant to federal law, JTTF members are slrictly forbidden
fiom disclosing any classitied information to individuals who do not
possess the appropriate security clea.rance and the need to know.
Nl J'[TI' management personnel must ensure that each parricipating J'l"l'F'
officer or agent undertakes all necessary steps to obtain a'l'SiSCI clearanse.
Conversion of FBI counterterrorism and J'I'TF spaces to Sensitive
Compartmented Information Facilities (SCIf s) is underwa.v-. This will
require that all J'l'l'F task force oificers enhance their clcarances to I'S/SCI
(SI.1'K. Gamma HCS-P).
Federal agencl- task fbrce officers should contact their Security officers zurd
request and obtain the follow'ing SCI Clearances: Sl, 1'K. Gamma, and
lICS-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. Il
providcd. the FBI rvill adjudicate SCI clearances. -['his action may involve
a prohibitively long process and should be avoided.
Hach Participating Agency fully understands that its personnel detailed to
the J't tF are not permitted to discuss oflicial J'ITF busincss w.ith
supervisors rvho are not members of the J'l"l'F unless the supervisor
possesses the appropriate scctrlity clearance and the dissemination or
discussion is specifically approved by the I-BI JT'l'f Supervisor.
Participating Agency'heads will be brief'ed regarding J'fl-F matters by the
S.,\C or ADIC. as appropriate, through established J'[T'F Executive Lloard
meetings.
In accordance with the Dircctor of Central Intelligence Directive (DCID)
6u'4, entitled Personnel Securitr Standards and Procedures Governing
Eligibilit-v for Access to Sensitive Compartrnented lnformation (SCI), the
Ftst will implement protocols to enswe Special Agent (SA) and'l'ask Forcc
Officers ('ffO) assigned to Joint'l'enorism'l'ask !'orces (i'l"ff ) in the field
and the National Joint'l'errorism Task l'orce (NJ'I'1'F) at FBI Ileadquarrers -
6
FOR OFFICIAL USE ONLY
This document is the propery* of the FBI and is loaned to your agency.
Neither it nor its contents may be released without authorization by FBI Headquarters.
)
4.
5.
311
rOR OFFICIAL USE ONLY
Liberty cirr:ssing I, are in compliance with stated directive. In order tg
compl;" rvith I)clD 614. all J'l'l'F personnel. including FBI and non-r;Bl
J'l"l'F members and contractors who perform functions requiring access tr:
lBl classified data net'*'orks and space. will be given counter-intelligence
tbcused poly'graphs. 'l'he UBI will recognize polygraph e.xaminations
conducted by outside federal agencies that meet the Ftsl=s pSpp
requirement. l'he FBI will make the final determination w'hether a
polygraph examination meets the PSPP requirements.
6- All JI'TI' members must agree to submit to counter-intelligence fbcused
polygraphs as part of the process for obtaining and retaining a'r'op Secret
Security Clearance.
B. RES I RICI'IONS ON IILECTRONIC EQUIPMI:NT
Pcrsonall,"- ormed Portable Electronic Devices (PHDs) including. but not [imited to,
personal digital assistants. Blackbeny devices. cellular telephones. and tw'o-way pagers are
prohibited in Flll space unless properly approved. No personally owned electronic devices
are permitted to operate within SCIFs as outlined in DCI Directive 619 and existing Bureau
policy'. Ali other non-F Eli orvned infbrmation technolog.v- and systems (such as computers.
printers. I'ax machines. copiers. PBDs, cameras. and media including diskenes, CIDS,
tapes) require Ftsl approval prior to introduction, operation, connection. or removal fiom
FBI spaccs to include SCIFs. Additionally, if approved by the Ftll Securitv Ofticer, these
systems must operate in cclmpliance with the FBI=s policies. guidelines. and procedures.
I)EP1J1'A fION
Non-f'ederal members of the J'l"fF who are subject to a background inquiry and are sworn law
enforcement ofllcers will be l'ederally deputized rvhile detailed to the J'I"[F'. 'l'he Ii BI w.ill securc
the required authorization tbr their deputation. Deputation of these individuals w'ill 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 Jl"l'l'=s assigned territory. Deputation
will allow non-fbderal members of the JT'['F to exercise federal law enforcement authoritv
throughout the United States.
IJnder the terms of this MOU, all Participating Agencies agree that non-sworn personnel detailcd to
the J'l"l'F will not : ( I ) participate in law enforcement activities. (2) carry a weapon: or
(3 ) participate in the execution of searcl,- arrest wtrrants.
VIII. S I.AI]I.NG COMMITMHNT
1
FOR OFFICIAL USE ONLY
This document is the property of the FBI and is loaned to your agency.
]ieither it nor its contetrts may be released without authorization by FBI Headquarters.
VII
312
TOR OFFICIAL USf, ONLY
A. In rie$, of the need tbr securir.v clearances and continuit,"- of investigators. all
pcrsonnel detailed to the J.l"l'F should be expected to be detailed for a period of at
least tw'o (2) vcars. fhis MOU imposes no mrximum limit as to the time that any
individual may'remain a member of the J'l"fF. All non-FBl members of the J'l"l'F
must adhere to the same rules and regulations as FUI employees w'ith regard to
conduct and activities while in FBI space. while operating FIll vehicles. aurd whilc
conducting J'l-l-F business. All 'l'ask Force members detailed from other f'ederal
agencies are responsible fbr maintaining an appropriate case load. as directed by
J'l"fF managemenr.
il. All investigators detailed to the J'l'l'F will be designated either full-time or
part-time. 'l'hc operationalneeds of the JT'I'lj recluire that any assignments to
special details. or duties outside of the Jl'l'F to full-time J'l"l'F members be
coordinatcd with the I'BI J'f'l'F Supervisor. 'fhough each J'I"I'F member will report
to his or her respective Participating Agency for pcrsonnel matters. he or she will
coordinate leave rvith the JTI'F=s i.BI JT]"l. Supervisor.
Cl. During perir:ds of heightened threats and emergencies. the JT'l'Fs may be expectedto operate 24 hours per daJ', seven day's per week. for extended periods of time.'l'o function properly, the J't"fF depends upon the unique contributions of each
Participating Agencl. Accordinglv, during these periods, each Participating
Agcncy member rvill be expected to be available to support J'f'fF activities.
8
rOR OFFICIAL USE ONLY
'f his document is the propert"v of the FBI and is loaned to your agency.
Neither it nor its contents may be released without authorization by FBI Headquarters.
313
F]OR OTFICIAI, USE ONI,Y
IX. I{I:CTORD.S. RF.POR fS rUlD IN,t-OR,VIA]_IQN _S,UABIN-G
A. All J l"ff matcrials and investigative records. including any Memorandum of'
Understanding. originate with. belong to. and w'ill be maintained by the IjBI. All
investigative reports will be prepared by JT'I'F personnel solely on FBI tbrms. All
information generated by the IjBI or the Jl"l'F will be controlled solely by the Ijtll
and may not be removed from FIll space without the approval of the JT'I'[;
Supervisor. Dissemination. access or other use of J'I'TF records will be in
accordance rvith Federal larv. Executive Orders, and Department of Justice and Ftsl
regulations and policy. including the dissemination and inlbrmation sharing
provisions olthe FBI Intelligence Policy Manual. As FBI records, they may be
disclosed only r,vith FBI permission and only in conformance with the provisions of
f'ederal law's and regulations. including the F'reedom of lnformation Act. 5 LI.S.Cl.
Section 552, and the Privacy Act of 1974. 5 U.S.C. Section 552a, as w.ell as
applicable civil and criminal discovery privileges. This policy includes any
disclosure of F'BI information. including J'l"l'F materials and investigati,,'e records.
to emplovees and oflicials of a Participating Agency who uc not members of a
J'l-l'F. which must be approved by the J1'-l-F supervisor. All electronic records and
infi:rmarion, including. but not limited to. systems. databases and media, are also
reguiated by I;BI policy. J'l"l'F members may request approval to disseminate IrBI
information tiom the J1'1'F Supen'isor.
Lach Participating Agency agrees to hal'e its Detailees t<l the J'I'J'F execute an
l'D-868, or a similar form approved by the FB[ 'l'his action obligates the f)etailce.
rvho is accepting a position of special trust in being granted access to classilied and
i:therwise sensitir,e infbrmation as part of the J'l'"fF. to be bound b.v- prepublicarion
revierv to protect against the unauthorized disclosure of such information.
I'he participation of other federal. state. local, and tribal partners on the J'l"l'F is
critical to the long-term success of the endeavor. Articulating thc level of effort tbr
these partnerships is a key measure of the J'I'TF-s perfbrmance. Accordingly. all
task tbrce members will be required to record their rvorkload in the 'l'ime l..itilization
Recordkeeping ('ftjRK) system used by the f BI.
X.COORDINA I'ION
A. 'I'he Participating Agency agrees to not knowingly act unilaterall,v.. on any matter
affbcting the J'I"l'F w'ithout flrst coordinating rvith the FBL 'l'he peulies agrec that
matters dcsignated to be handlcd by the JT IF shall not know'ingly bc subject to
non-J'f'l'I or non-FBI intelligence. law enlbrcement, or operationai efforts by the
Participating Agency. Intelligence. law cnforcemcnt, and operational actions w'ill
be coordinated and cooperatively carried out within the J'l'I'Fs.
9
FOR OFTICIAL USE OI{LY
This document is the properfy- of the FBI and is losned trr your agency.
Neither it nor its contents may be released without euthorization by FBI Headquarters.
u.
C.
314
XI.
FOR OT FICIAL USE ONLY
ll. J'l"l'F criminal investigativc procedures rvill conform to the requirements for lbderal
prosecution. It is expected that the appropriate United States Anorney. in
consultalion with the Ftsl and aff'ected JT'I'F pzulners. w'ill determine on a
ca.se-by-case basis whether the prosecution of cases will be at the federal or state
level. based upon which would better advance the interests ofjustice.
I-UNDING
'l'his MOLi is not an obligation or commitrnent of funds, nor a basis for uansfer of funds. Even
where one partv has agreed (or later does agree) to assume a particulu financial responsibility.
written agreement must be obtained before incurring an expense cxpected to be assumed by
another party. All obligations of and expenditures by the parties are subject to their respective
budgctary and fiscal processes and availability of f'unds pursuant to all laws, regulations. and
policies applicable thereto. 'l'hc parties acknowledge that there is no intimation, promise, or
guarantee that lunds will be available in future years. Ihe FBI and the Participating Agcncy ma,v-
enter into a separate agreement to reimburse the Participating Agency for approved overtime
expenses.
XII. I tlAVhL
AII J'l"l'F-related travel of non-Flll personnel requires thc approval of the appropriatc J'l"l'f
Supervisor and Participating Agency authorization prior to travcl. In order to avoid delay in
operational travei. the Participating Agencv will provide general travel authoritl' to all of its
participating employecs for the duration of the employee=s membership in the J'l"f'lis. For
domestic travel. each agency' member rvill be responsible for appropriate notifications within his or
her own agenc)'. as rvell as standard FBtr travel approvals and notification. 'l'he FBI will obtain
l;BI[{Q authorization and country clearances for all J]"I'F members who are required to travel
outside the tinited States. As noted above. the appropriate security clearance must be obtained
prior to an,v* international travel. I'he FIll rlill pa1'costs for travcl of all members of the J'l"l'Fs k:
conduct invcstigations outside of the J'l"l"F=s assigned territory.
xrr. YljrlilL,li|5 AN-D EuulpMEN'r
A. In furtherance of this MOU, employ'ees of the Participating Agency may be
permitted to drive FLll owned or leased vehicles for surveillance, case management
zu:d investigation in connection with any Jl"l'F investigation. I;BI vehicles must
onl1 be used fbr official J'I"I'F business and only in accordance with applicable F lll
rules and regulations.
l0
FOR OFUCIAL USE ONLY
This document is the propert-v of the t'BI and is loaned to your agency.
Neither it nor its contents ma-v- be released without authorization by FBI Headquarters.
315
cl.
IOR OFFICIAL L.SE ONLY
Inon-l''ederul entitie^s onl1,l An.v civil liability arising fiom the use of'an FBI owned
or leascd vehicle by a Participating Agency task tbrce member while engaged in any
conduct other than his or her official duties and assignments under this N,lotl shall
not be the responsibiiity of the FBI or the lJnitcd States. 'l'o the extenr permitteci hy
applicablc lau. the Participating Agency will hold harmless the FUt and thc Llnited
States for any claim for property damage or personal injury arising from an.v- use of
an FBI orvned or leased vehicle by a Participating Agency J'l"t'F member which is
outside of the scope of his or her official duties and assignments under this MO{"J.
For ofllcial inventory purposes, all JTTF equipment including badges, credentials
and other fbrrns of J'l"l'F identification subject to FBI property inventory
requirements will be produced by each J'frF member upon request. At the
completion of the member=s assignment on the J I"l t, or upon withdraw'al or
termination of the Participating Agency from the J]-rF. all equipment will be
returned to the supply'ing agenc.v.
xtv. FoRtrEl.t,irRji
'l'he l'tll shall he rcsponsible forthe processing of assets seized for f'ederal forf'eiture in
conjunction uith J'l"l'F operations, as provided by these rules and regulations. Assct fort'eitures
rvill be cclnducted in accordancc with federal law and the rules and regulations set forth hy the I"J.S.
Department of Justice and the F lll. Forf'eitures attributable to JT.l'lj investigations may be
distributed among the I'}articipating Agcncies in J'l"l'F-related operations at the discretion of the
I.BI.
XV. IILTMAN SOURCI:S
A. All human sources dereloped through the J'l"l'F will be handled in accordance
with the Attorne)' (ieneral=s and the F'BI'. s guidelines. policies and procedures.
Ll.
B.All humzrn sources developed during the course of any JT'I'I. investigation shall bc
operated with ali appropriate FBI suitability paperwork completed prior to use.
All source debrietings or lrritten products of information obtained from any human
source will use Iilll document format and handling procedures.
'l'he FBI. as permitted b."- federai iaw, agrees to pay rcasonable and necessarv
human source expenses incurred by the J'I'I'F. Allexpenses must be approved by
the I;Bl before they' are incuned. No payments may be made to J'l'fF human
sources without prior Ftsl approval.
C.
ll
}.OR OTFICIAL USE ONLY
This documcnt is the property of the FBI and is loaned to your agency.
Neither it nor its contents ma;.- be released without authorization by FBI Headquarters.
316
FOR OTFICIAL USE ONLY
XVI. !ILDIC]AI.
A. All Participating Agencies will ensure that detailed J-l-'l'F members are me<iicall.v
qualified according to their agencies' standards to perform larv enforcement duties. functions and
responsibilitics.
U. 'l'o ensure protection for purposes of the Federal Employees' Compensation Act
(till(lA), J'l"l'f members should be detailed to the FBI consistent with the provisions of'the
Intugovernmental Personnel Act (lPA). 5 U.S.C. ' 3374(d). This Act stipulates that "[al State
or local government employee who is given an appointrnent in a Federal agency for the period o{'
the assignment or rvho is on detail to a Fcderal agency and who sufl'ers disability or dies as a result
of personal injurl sustained while in the perfornance of his duty during the assignment shall be
treated . . . as though he rvere an employee as defined by section 8101 of this title who has
sustained the injury in the perforrnance of dutl'." Other provisions of federal lau, may extcnd
t'ECA benefits in more limited circumstances. I'he Department of Labor's Office ol Workers'
Ctlmpensation Programs is charged with making FECIA coveragc determinations and is available
to provide guideu:rce conceming specific circumstances.
xvrr. ll{AlNrNG
AllJl'T"lj memhers are required to attend FBI legal training in compliance rvith FBI regulations and
any other training deemed necessar)' by the FBI chain of command. 'Ihe F BI is responsible fbr the
costs of such training. The Participating Agency will bcar the costs of any training requiretl of its
t:wn employecs detailed to the J'l"l'F.
xvrrr. DE-A-DL\- FORCH AND SHOOTTNG INCtDENl'POLICIES
Nlembers of the J'l"l'f will follow their oun ogeocv=s policy concerning use of dearily fbrce.
12
FOR OFFICIAL USE ONLY
This document is the propertv of the FBI and is loaned to your agency.
Neither it nor its contents may be released without authorization by I'BI lleadquarters.
317
FOR OTFICIAI. USE ONLY
XIX. Dljl']AR'l ivlirN I Or DHIENSU COMP_QN-EN'I"S
'l'he Posse Clomitatus r\ct. l8 Lr.S.C. ' 1385, prohibits the Army and Air Force (Departmenl of
[)etcnse regulaticlns now restrict the activities of all branches or components of the Armed Sen,ices
under this Act) fiom being used as a posse comitatus or otherwise to executc the laws entrusted to
civilian law enlbrcement authorities. The restrictions of the Act do not apply to civilian employees
of the Department of l)efense rvho are not acting under the direct command and control ol'a
military otlicer. Other statutory provisions specifically authclrize certain indirect ancl direct
assistance and pa(icipation by the military in specified law enforcement functions anrl activities.
All l)epartment of Defense components (except strictly civilian components not acting under direct
command and controlof a militar-l olficer)w.ho enter into this agreement. shall cornply with all
Department of Dettnse regulations and statutory authorities (describing restrictions. aurhorizations
and conditions in support of lar,l' enforcement) including but not limited to Departrnent of f)efense
I)irectives5525.5.and3025.15.Chapter18ofTitle l0oftheUnitedStatesClodedealingwith
military support ibr civilian lal,l enforcement agencies and an,v other or subsequent rules,
regulations. and laws that may address this topic or that may amend, or modi{,v any of the above
provisions. 'l'his MOLj shall not be construed to authorize any additional or greater authority (than
already described) fbr Department of Defense components to act in the support of larv enforcemcnt
activities.
xx. MrolA
All media releascs rvill be mutuall-u- agreed upon and jointly handled by the member Participating
Agencies of the appropriate J'l'I'F. Press releases will conform to DOJ Guidelines regarding press
releascs. No press release will be issued without prior FBI approval.
xxr. L{AItrLt-r_Y
-l'he Panicipating 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 J'l"l'F remains
vcsted with his or her employing agency. However. the Department of Justice (DOJ) may, in its
discretion. determine on a case-bv-case basis that an individual should be afforded legal
representation. legal det'ense. or indemnification of a civiljudgment. pursuant to federal law and
DOJ policy' and regulations.
A. COMMON LAW' |OR]'CLAIN,IS
l. Congress has provided that the exclusil,e remedy for the negligent or
rvrongful act or omission of an employee of the U.S. Govemment, acting
within the scope of his or her employment, shall be an action against the
{ jnitcd States under the F'I'CA. 28 U.S.C. , 1346(b), and ' 26Tt - 2680.
l3
FOR OTFICIAL USf, ONLY
This document is the properf.v- of the FBI and is loaned to y.our agency.
l{either it nor its contents may be released without authorization by FBI Headquarterc.
318
).
r()R 0I'FICIAL LrSE ONLY
Notuithstanding the provisions contained in Article XIll of this Mol.,;. fbr
the limited purpose of defending civil claims arising out of J'l"l'F activity. a
state, local. or tribal law enforcement officer who has been f'ederally
deputized and who is acting within the course and scope of his or hcr
offrcial duties and assignments pursuant to this Mou may be considered an
Aemplol'ee@ of the U.S. government, as def-rned at 28 Lj.S.C. , 2671. Sce 5
ti.S.C. ' 3374(c)(2).
Under the lederal Employee Liabiliry Refbrm and rort compensation Act
of 1998 (commonly kno*r: as the Westfall Act). 28 U.S.C. ' 2679(bX I ), if
en emplol'ee of the united States is named as a defendant in a civil action.
the Annmcy- General or his or her designee ma)'certif,v that the def'endant
acted r.vithin the scope of his or her employment at the tirne r:rf the incident
giving risc to the suit. 28 [J.S.C. ' 2679(d)(2). 'l"he United States can rhen
he suhstituted for the emplo,v-ee as the sole defendant with respect to any tort
claims alleged in the action. 28 U.S.C. , ?679(d)(2). If the tinited Statcs
is suhstituted as defendant. the individual employee is thereby protected
liom suit on any tort claim arising out of the incident.
If the Attorncy Ceneraldeclines to certifu that am employee was acting
within the scope of employrnent, 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 ollice or emplo."-ment.G 28 U.S.C. , 2679(d)(3).
t.iability for an,n- negligent or rvillt'ul acts of J"["['F members undertakcn
outside the terms of this MO[,r will be the sole rcsponsibilitv of the
respective employee and agency involved.
B.c- 0 N s r_u-rirrg-N AL c LArM s
l.Liabilitl' for violations of federal constitutional la,*. may rest with the
individual federal agent or officer pursuant to BiVgns v. Slx,Unknown
N4r1eq Aggsls ol&e L"pdq_ral Buqau p,f1\arpp-t1sp, 403 {.J.S. 388 (1971) or
pursuant to 4l U.S.C. ' 1983 for state of'ficers.
f'ederal. state. local, and tribal officers enjoy qualified immunity from suit
lor constitutional torts. ,linsofar as their conduct does not violate clearly
established starutory or constitutional rights of which a reasonable person
w'ould have knoun.G HarJow-u !-rggerald,457 tJ.S. 800 (1982).
l4
FOR OTFICIAL USE ONLY
This document is the proper$- of the FBI and is loaned to your agency.
Neither it nor its contents may be released without authorization by FBI Heade;uarters.
1
4.
2
319
FOR OTFICIAL USE ONLY
i. lf a Participating Agency J'l"l'F officer is named as a def'endant in his or her
indir,'idual capacity in a civil action alleging constitutional damages as a
resuit of conduct taken w'ithin the course of the J'I'T'F. the officer mav
request represenration by DOJ. 28 C.I.'.R. , ' 50.15. 50.16.
4. An emplo3,ee may be provided representation Awhen the actions li:r which
representation is requested reasonabl;- appears to have been performed
rvithin the scope of the employee=s employment. and the Attorney (ieneral.
or his or her designee, determines that providing representation would
othenvise be in the interest of the United States.@ 28 C.f;.R. ' 50.15(a).
5. A J'l'I'f member'.s written request for representation should be directed to
the Attorney General and provided to the Clhief Division Clounsel (CDCI) of
the FBI division coordinating the JI"I'F. The CDC will forward thc
representation request to the F BI *s Office of the General Counscl (OGC).
together with a letterhead memorandum concerning the factual basis of the
lawsuit. FBI -- s OGC will then forw'ard the request to the Civil Division of
DOJ. together with an agency recommendation concerning scope of
emplo-vment and DOJ representation. 28 C.F.R. , 50.15(aX3).
6. If a J'l''l'F member is found to be liable fbr a constitutional tort. he or shc may'
request indemnification from DOJ to satisty' an adverse judgement rendered
against the employee in his or her individual capacity. 28 C.l,.R.
' 50.15(cX4). 'l'he criteria for payment are substantially simileu to those
used to determine whether a fedsral employee is entitled to DOJ
reprcsentation under 28 Cl.t.R.' 50.15(a).
7. Determinations concerning legal representation and indemnification by the
[-inited States are discretionary and are made by DOJ on a case-by-case
basis. 'Ihe FBI cannot guarantee that the Unitcd States will provide legal
representation. legal defensc. or indemnification to any federal or state
emplol"ee detailed to the JTI-F, and nothing in this Article shall be dcemed tt:
create an1'legalright on the part of any J'I'I'F personnel.
(1. ITXPRLSS, RESERVA"|IONS
1. Nothing in this Article shall be deemed to create an employment relationship
betueen the FBI or the United States and any Participating Agency J'l"l'l;
member other than for exclusive purposes of the I."|CA. as outlined heroin.
l5
rOR OFTIChL 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 ['BI Headquarters.
320
FOR OTTICIAL tSE ONLY
2. I'he participating agencies do not waive any available delcnses andior
limitations on liability. No Participating Agency shall bc considercd to be
an agent of any other Participating Agency.
xxrr. t)-uRal-roN
I'he term of the MoU shall be an indefinite period. -l'he MoU may bc terminated at
rvill by any party. provided rwitten notice is provided to the other perties of not iess
thaur sixty (60) days. LJpon termination of the MOt,l. all equipment will be retumed
to the supplying agency(ies). It is understood that the termination of this agreement
b) an,r- one of the Participating Agencies will have no effect on the agreement
between the FBI zurd all other participating agencies.
Notr,l'ithstanding this provision. the provisions of Paragraph IX. enritled
RECORDS, REPORTS AND INFORMATION SHARING. and Paragraph XXt,
entitled l.IABILIl'Y. will continue untilail potential liabilities have lapsed.
Similarly, the inherent disclaimer limitation contained in the LXPRESS
RHSITRVAI'ION provision w'ill survive any termination.
XXIII, AMIJNDMTJN'I S
I'his agrecment in no manner affects amy existing MOUs or agreements rvith the F BI or any other
agcnc)'. 'l'his agreement may'be arnended only by mutual u'ritten consent of the parties. 'l'he
modifications shall have no fbrce ard effect unless such modifications are reduced to writing and
signed by an autl2crr7&)epresentative of the FBI and the Perticipating Agency.]
SI(JNA'I-()RII1
Date:
SAC - FI]I
I6
FOR OFFICIAL USE ONLY
This document is the propert-v of the f'Bl and is loaned to your sgenc).
Neither it nor ils contents may be released without authorization by t'BI Headquarters.
A.
ti.
321
COST REIMBURSEMENT AGREEMENT
BIlTWEEN
THE T EDERAL BUREAU OF INVESTIGATION (TBI)
ANI)
MIAMI BEACH POLTCE DEPAR'TMENT
]'ASK FORC]B TILE #41s-MM-C48640
l)ursuant to Congressional appropriations, the FBI receives authority to pay overtime for police
ollicers assigned to the fbrmalized South Florida JTTF as set forth below fbr expenses necessary-
fbr detection. investigation. and prosecution of crimes against the United States. It is hereby
agreed betw'een the FBI and Miami lleach Police Department located at 1100 Washington
Avenue Miami Beach. I-L 33139. -l'axpayer ldentification Number
305-673-7925 .
Phone Number
l. Commencing upon execution of this agreement, the FIll wiil. subject to availability of
required tunding, reimburse the agency tbr overtime paymcnts made to officers assignecl full-
timc to the task force.
7. Rcquests for reimbursement will be made on a mnnthly basis and should be fbrwarded to
the FBI tield ollice as soon as practical after the first of thc month w'hich follows the month fbr
*'hich rcimbursement is requested. Such requests should be tbrw'arded by a Supervisor of the
agenc)' to the lrBI 'fask Force Squad Supervisor and Special Agent in Charge fur thcir review.
approval. and proccssing for payment.
3. Overtime rcimbursements rvili be made directly'to the agency by the Ftsl. All overtime
reimbursement payments are made by electronic fund transfer Gf D. An ACH Vendor/
Miscellaneous Payment Flnrollment Form must be on file rvith the FBI to facilitate tjFl'.
4. Overtime reimbursements will be calculated at the usual rate for which the individual
o{tccr's time would be compensated in the absence of this agreement. IIowever, said
reimbursement, per officer. shall not exceed monthly and/or annual limits established annually by
the HBI. 'l'he limits. calculated using Federal pay' tables, w'ill be in effect for the l;ederal fiscal
y-ear running fiom October I'1of one -vear thn:ugh September 3Oth of the following year, unless
changed during the period. 'fhe FBI resen'es the right to change the reimhursement limits.
uprvard or downw'iud. for subsequent periods based on fiscal priorities and appropriations limits.'l'he Ftll will notiiy the agency of the applicable annual limits prior to October I't of each year.
5. 'l'he number of agency officers a-ssigned full-time to the task force and entitled to
overtirne reimhursement by the FBI shall be approved by the FBI in advance of each fiscal year.
l]ased on the needs of the task fbrce, this number may change periodically, upward or downward.
as approved in advance by'the FBI.
(X'('() ('R.4 template 5,23.'01
322
6. Prior to submission of an1'overtime reimbursement requests. the agenc,"- must prepare an
oflcial document setting fbrth the identity of each officer assigned full-time to the task fbrce,
along with the rcgular and overtime hourll'rates fbr each officer. Should any officers change
during the -v-'ear. a similar statement must be prepared regarding the new officers prior to
submitting arny overtime reimburscment requests for the officers. 'l'he document should be sent
to the field offrce fbr FBI review and approval.
7. Irach request fbr reimbursement will include the name. rank, ID number, overtime
compensation rate. number of reimbursable hours claimed. and the dates of those hours fbr each
otlicer {br whom reimbursement is sought. 'l'he request must be accompanied by a certiticati<ln.
signed by an appropriate Supervisor ofthe agency. that the request has been personally
reviewed, the inlbrmation dcscribed in this paragraph is accurate. and the personnel fbr whom
reimbursement is claimed were assigned full-time to the task force.
8. [:ach request for reimbursement will include an invoice number, invoice date, taxpayer
identiiication number ('llN), and the correct banking information to completc the electronic fund
fransfer. 'l'he necessar) baurking inibrmation is the Depositor Account-I'itle. Bank Account
Number. Routing Number" and'l'ype of Account (either checking, savings. or lockbox). If the
banking intbrmation changes. a new ACII Vendor/Miscellaneous Payment Enrollment l:orm
must be submitted to the FBI.
9. Rcquests ibr reimbursement must be received by the F BI no later than Deccmber 3 l " of'
the next fiscal ycar fbr which the reimbursement applies. For example, reimbursemcnts fbr the
fiscal y'eer ending September 30. 2005 must be received by the FBI by' December 31. 2005. 'l-he
IiBI is not obligated to reimburse any requests received after that time.
10. 'l'his agreement is effective upon signature of the parties ard will remain in effect for the
duration of the agency''s participation in the task force. contingent upon approval ol'necessarv
funding- and unless terminated in accordance with the provisions herein. fhis agreement may be
modifred at any time by'written consent of the parties. It may be terminated at any timc 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 TTIE AGENCY:FOR THE FBI:
f)ate Special Agcnt in Charge I)ate
Contracting Officer
FBI Headquarters
O('('O ('R.{ template 5 l3'01
Date
323
THIS PAGE INTENTIONALLY LEFT BLANK
324