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Memo of Understanding (LEACH) LAW ENFORCEMENT AGAINST CHILD HARM (LEACH) OPERATIONAL TASK FORCE MEMORANDUM OF UNDERSTANDING WHEREAS the below subscribed law enforcement agencies have joined together in a multi-agency task force inte;ded to combat crimes committed against children and the criminal exploitation of children that is committed and/or facilitated by or through the use of computers, and to disrupt and dismantle organizations engaging in such activity; and WHEREAS, the undersigned agencies agree to utilize applicable state and federal laws to prosecute criminal, civil, and forfeiture actions against identified violators, as appropriate; and WHEREAS, the Broward Sheriff's Office is the recipient of a federal grant disbursed by the Office of Juvenile Justice and Delinquency Prevention (OJJDP) in Washington, D.C. to assist law enforcement in investigating and combating the exploitation of children which occurs through the use of computers by providing funding for equipment, training, and expenses, including travel and overtime funding, which are incurred by law enforcement as a result of such investigations, NOW THEREFORE, the parties agree as follows: Each of the undersigned law enforcement agencies approve, authorize and enter into this Agreement to implement the LEACH Task Force for the purposes and goals indicated below: Parties To This Agreement: The Florida Department of Law Enforcement, The Broward Sheriffs Office, The City of Miami Police Department The Miami-Dade Police Department Additional parties may enter into this Agreement at a later date, upon an affirmative vote of a majority of the LEACH Advisory Board members. The Advisory Board may sign an Agreement reflecting the addition of a new Party to this Agreement. Any party may cancel its participation in this Agreement upon delivery of written notice of cancellation to all Parties to the Agreement. LEACH MISSION The Task Force is to effect dedicated and intensive investigative, proactive, and general law enforcement efforts primarily with regard to the investigation of the criminal exploitation of children committed by or through the use of computers, computer technology, and the Internet. Such crimes include, but are not limited to, the procuring, collection, transfer or distribution of child pornography, and, the luring, seduction or enticement of a child for sexual purposes through computer on-line services, bulletin board services, or Internet services. The principal goals of the task force shall be the successful identification, apprehension and prosecution of child molesters, child pornographers, child pornography collectors or distributors, child abusers, and preferential sexual offenders who target children. The Task Force shall stnve to prevent the victimization and sexual exploitation of children and to identify and assist victims and potential victims of child pornography, computer pornography and child abuse. Such efforts shall include, but are not limited to, covert undercover operations designed to detect illegal activity and to identify those involved in such activity including those directing or otherwise controlling organized child pornography rings; the collection and maintenance of an intelligence database identifying known and suspected child molesters, child pornographers, child pornography collectors or distributors, child abusers and preferential sexual offenders who .target children; the arrest and prosecution of those involved (utilizing state and federal prosecutions, as appropriate); the seizure and forfeiture of assets of those engaged in such activity or otherwise supporting such activity (utilizing state and federal forfeiture options, as appropriate); and the referral of investigative leads and intelligence to such other federal, state, or local law enforcement authorities as may be required and appropriate under the Task Force's operations. The Parties to this Agreement are contributing personnel and resources in support of the Task Force efforts, with the operations of the Task Force being coordinated with FDLE and BSO and other Task Force members. JURISDICTION The principal sites of Task Force activity shall be Broward County, Miami-Dade County, and Palm Beach County, Florida. Nothing in this Agreement shall be construed as to grant jurisdiction outside a Task Force member's normal territorial boundaries. The appropriate federal and/or state authorities will be contacted should an investigation extend outside the jurisdiction of the participating Task Force agencies. Nothing herein shall otherwise limit the jurisdiction and powers normally possessed by an employee as a member of the employee's Agency. COMPOSITION AND SUPERVISION The undersigned agencies agree to the creation of a LEACH Advisory Board, comprised of a member of the Broward Sheriff's Office and the Florida Department of Law Enforcement and other participating agencies as may be decided by FDLE and BSO. The Advisory Board shall act as a governing board for issues before the Task Force but not relating to the day-to-day operations of the participating Agencies. The Advisory Board will also be responsible for determining the equipment, personnel, and training needs of the Task Force. The day-to-day operational decisions for individual cases will be the responsibility of the originating agency. However, all cases will be monitored by BSO and FDLE. Furthermore, the authorization of overtime, the purchase of equipment and any other expenditures will be the responsibility of BSO (as the grant recipient), to the extent that these costs will be funded - as permitted - by the federal grant disbursed by OJJDP. All personnel participating in Task Force operations and the equipment utilized by such personnel as provided or assigned by the Advisory Board shall be under the supervision, direction and control of a Task Force Supervisor(s), who will be one member of BSO and one member of FDLE. Standard operating procedures will be further guided by the OJJDP Internet Crimes Against Children ("ICAC'') Guidelines which are attached and incorporated herein as Exhibit "A." In no event will a Task Force member be expected or required to violate or otherwise fail to maintain restrictions or limitations imposed by law, or the member's employing Agency's rules, standards, or policies while the member engages in Task Force operations. Upon written notification to all Parties, a Party to this Agreement may otherwise add, substitute, reinstate, or replace any of its sworn or support employees participating in the Task Force. However, the Advisory Board may request that a particular sworn member or support person assigned to the Task Force no longer be allowed to participate in the Task Force. LIABILITY AND COST-RELATED ISSUES Each Party to this Agreement agrees to assume its own liability and responsibility for the acts, omission, or conduct of such Party's own employees while such employees are engaged in Task Force operations. Each Party agrees to maintain its own comprehensive general liability insurance, professional liability insurance, automobile liability insurance and workers' compensation insurance policies or maintain a self-insuring fund or the term of this Agreement in the amounts determined by each Party to adequately insure such Party's liability assumed herein, but in no event shall such coverage be less than the amount of statutory waiver of sovereign immunity. Each Party agrees to provide the other Parties with proof of insurance (comprehensive general liability, professional liability, automobile liability and workers' compensation) or proof that the Party maintains a self-insurance fund consistent with F.S.S. Chapter 768.28. Each Party (indemnitor) hereby shall, to the extent permitted by law, indemnify from any liability and hold harmless the other Parties (indemnitees), their employees, agents, or servants against liability including, but not limited to, court costs and attorneys' fees, arising from any actions, causes of actions, suits, trespasses, damages, judgments, executions, claims, and demands of any kind whatsoever, in law or in equity, brought against the indemnitees, their employees, agents, and servants as a result of the indemnitor, its employees, agents or servants' negligent acts or negligent omissions, while acting within the scope of their employment. Each Party will at all times be entitled to the benefits of sovereign immunity as provided in F.S.S. 768.28 and common law. Nothing contained herein shall be construed as a waiver of sovereign immunity. Each Party to this Agreement agrees to furnish necessary personnel, property, police equipment, vehicles, resources and facilities to render services to each other Party to this Agreement in order to effect the purposes of the Task Force and agrees to bear the cost of loss or damage to such equipment, vehicles, or property. Parties understand and agree that they will be responsible for their own liability and bear their own costs with regard to their property and resources. This provision shall not preclude necessary property, resources or costs being purchased or funded via legally vested Task Force funds, if agreed to by the Parties. Each participating agency shall compensate its employees during the time they participate in Task Force operations and shall defray the actual expenses of its employees while so engaged, including any amounts paid or due for compensation due to personal injury or death while such employees are engaged in Task Force operations. The privileges and immunities from liability, exemption from laws, ordinances, and rules, and all pension, insurance, relief, disability, workers' compensation, salary (including overtime compensation or compensatory time), death and other benefits that apply to the activity of an employee of an Agency when performing the employee's duties shall apply to the employee to the same degree, manner, and extent while such employee acts under this Agreement. This provision shall not preclude payment of compensation (including overtime compensation), if allowed, through the use of legally vested Task Force funds, as agreed to by the Parties. FORFEITURE ACTIONS No funds or other property seized by Task Force operations are to be utilized by any Task Force agency prior to successful forfeiture or, if no forfeiture is pursued, until title or interest in the property otherwise vests in one or more Task Force agencies by operation of law. Forfeiture actions based upon seizures made by the Task Force may be pursued in either state or federal actions. Actions shall be based upon current statutory and case law. The Parties agree that the local Sheriffs offices', which are signatories to this Agreement, by and through their attorneys, will be primarily responsible under this Agreement for pursuing all Task Force forfeiture actions on behalf of all of the Parties in state court when a seizure occurs in that particular Sheriff's jurisdiction. The Parties agree that FDLE, through it's attorneys, will be primarily responsible under this Agreement for pursuing all Task Force forfeiture actions when a seizure occurs outside of the jurisdiction of any of the signatory parties to this Agreement, but within the State ~f Florida, on behalf of all parties in state court. However, this provision shall not preclude the use of other forfeiture attorneys or personnel as needed on particular matters. Distribution of the proceeds from successful forfeiture actions shall be equitable among the Parties to this Agreement and shall take into account their relative roles in support of the efforts of the Task Force unless an alternate distribution allocation among the Parties has been agreed to. Any Party to this Agreement may request copies of forfeiture complaints and pleadings filed by reason of Task Force seizures and such copies shall be promptly provided to the requester. All decisions regarding forfeiture proceedings shall remain with the agency (county or state), depending on which agency would be filing for forfeiture if an action is instituted. However, if any legal dispute or concern as to the form or sufficiency of forfeiture actions or other action proposing to vest the interest of Task Force agency(ies) in seized cash or property is raised by any of the Parties to this Agreement, an attempt to resolve the issue through informal discussion and contact shall be made. In the event any Party to this Agreement believes there is no legal sufficiency upon which to pursue the forfeiture of particular seized cash or property, and the concerns cannot be resolved, no forfeiture action on behalf of the Task Force is to be filed. All options available to state and local law enforcement agencies with regard to unclaimed evidence or abandoned property, gifts and plea agreements are available to the Task Force, provided the property under consideration otherwise qualifies under law for such consideration. RECORDS AND REPORTS The Parties to this Agreement agree that all Task Force reports will be maintained by BSO and/or FDLE, utilizing case numbers which identify all reports as LEACH Task Force case investigations. All case reports will also be maintained by the lead investigating agency for each individual case. I OJJDP INTERNET CRIMES AGAINST CHILDREN TASK FORCE PROGRAM GUIDELJNES The Parties to this Agreement acknowledge that they have received and reviewed the attached Office of Juvenile Justice and Delinquency Prevention (OJJDP) Internet Crimes Against Children (ICAC) Task Force Program Guidelines. The guidelines were promulgated for use in connection with funds dispensed by the Broward Sheriff's Office (BSO) under the 1998 federal OJJDP Internet Crimes Against Children Grant awarded to BSO. The guidelines specify how Task Force investigations may be conducted, and include provisions on Case Management, Workspace and Equipment, Case Predication and Prioritization, Recordkeeping, Undercover Investigations, Evidence Procedures, Information Sharing, Supervision, Selection of ICAC Personnel, Prevention and Education Activities, Media Releases, and the ICAC Task Force Review Board. The guidelines are specifically incorporated herein by reference and are attached hereto, and by entering this Agreement, the Parties agree to abide by all covenants, restrictions, limitations, and guidelines contained therein and conduct all investigation in accordance thereto. Failure to abide by said guidelines will result in the removal of said Task Force member by the Task Force LEACH committee members and/or the participating agency from the LEACH Task Force. In the event that a Task Force member's employing agency's own rules, protocols, procedures or guidelines are discovered to be in conflict with, and are more restrictive in application than the OJIDP ICAC Task Force Program Guidelines, that Task Force member shall immediately notify the Task Force supervisor and that Task Force agency shall not be required to aid or assist in the investigation. In no event will a Task Force member be expected or required to violate or exceed or otherwise fail to maintain restrictions or limitations imposed by law, or the member's employing Agency's rules, standards, or policies while the member engages in Task Force operations. In accordance with the OJIDP ICAC grant disbursed to the LEACH Task Force through the Broward Sheriff's Office, the OJIDP may order a review and audit of Task Force operations with regard to the seizure and handling of all evidence, property, or cash or any other aspect of Task Force operations. The Parties agree to cooperate in any such audit by allowing full access to documents, personnel and facilities necessary to perform the audit function. INTERPLA Y WITH STATE AND FEDERAL AUTHORITIES The Parties to this Agreement recognize that the United States Department of Justice and the United States Customs Service have requested that the efforts of the Task Force be closely coordinated with federal authorities having interests in child pornography investigations and child exploitation investigations involving the use of computers and the Internet. The Parties to this Agreement further recognize that investigations of this nature may involve violations of law in other state jurisdictions. In the event that a Task Force member determines that the investigation involves the jurisdictional territory of another state, he/she shall immediately notify the Task Force supervisor. The police authority in the sister state and the Child Pornography Pointer System (CPPS) that is maintained by the Federal Bureau of Investigation's Innocent Images Task Force shall then be notified in accordance with OJJDP ICAC policy guidelines and apprised of the facts of the investigation. COMPLAINTS AGAINST TASK FORCE MEMBERS Whenever a complaint has been lodged as a result of Task Force efforts, the Task Force supervisor shall ascertain at a minimum: The identity(ies) of the complainant(s) and an address where the complainant(s) may be contacted, the nature of the complaint any supporting evidence or facts as may be available, including the names and addresses of witnesses to that which has been complained about, the identity(ies) of the Task Force participant(s) accused and the employing Agency(ies) of the participant(s) accused. The Task Force supervisor will promptly provide to each affected employing Agency the above information for administrative review and appropriate handling or disposition. Each affected employing Agency shall, upon completion of said review, notify all Task Force Advisory Board members of its findings and any actions taken. OBLIGATION TO COORDINATE WITH PROSECUTOR'S OFFICE The principal goal of this Task Force is the successful prosecution of criminal violators. Successful prosecution requires close coordination with prosecuting authorities, both in the state and federal courts. Members of the Task Force are obligated to coordinate their efforts in such a way as to support the efficient prosecution of cases, including, but not limited to, prompt responses to requests from prosecutors for information or assistance in handling Task Force generated cases, and reasonable availability for pretrial conferences with prosecutors, discovery depositions, pretrial hearings and trials. Civil or administrative actions derived from Task Force operations are likewise to receive coordinated support efforts from Task Force members. The Task Force supervisors shall monitor the efforts of Task Force members in support of criminal prosecutions, civil actions, administrative actions and forfeiture cases. Such monitoring shall include regular contact with assigned prosecutors or attorneys pursuing actions on behalf of the Task Force to assure the expected level of support from Task Force members is occurring. Failure by a member of the Task Force to support such efforts on a routine and regular basis in the manner set forth herein shall constitute grounds for removal from the Task Force. COPY TO EACH PARTICIPATING TASK FORCE MEMBER When this Agreement is fully executed, a copy shall be provided to each Task Force member so that each member may be fully aware of the powers, limitations, and expectations applicable to Task Force members and operations. TERM OF AGREEMENT This Agreement shall be effective as to the executing Parties upon execution by the Florida Department of Law Enforcement and the Broward Sheriffs Office and at least one other participating Agency. As each additional Party executes this Agreement, it shall be effective as to the newly executing Party. This Agreement may be duplicated for dissemination to all Parties, and such duplicates shall be of the same force and effect as the original. This Agreement shall remain in full force as to all participating Parties until January 1, 2001 unless otherwise terminated as provided herein. This Agreement may be terminated upon the consent of all partIcIpating Parties. Any Party may withdraw its individual participation upon notification to all participating Parties. This Agreement may be extended on a year-by-year basis, subject to the continuation of all terms and limitations expressed herein, by execution by the participating Parties of written notification of extension of agreement. IN WITNESS WHEREOF, the Parties hereto sign on the date specified. For the Florida Department of Law Enforcement Doyle Jourdan, Regional Director Date: For the Broward County Sheriff's Office Kenneth C. Jenne, II, Sheriff Date: ~ For the City of Miami Police Department Date: LAW ENFORCEMENT AGAINST CHILD HARM (LEACH) OPERATINAL TASK FORCE MEMORANDUM OF UNDERSTANDING For the Miami Beach Police Department NeiRn t &n APPROVED AS TO FORM & LANGUAGE & FOR EXECUTtON 111 tr/tJMi~ ,. Ci1y Aflomay 2/3/uu DClI~