Loading...
HomeMy WebLinkAbout2018 CON MOU Federal Bureau of Investigation FBI - Human Trafficking and Child Exploitation Task Force (HTCETF)NOTE TO FILE 02-17-2020 IN THE MATTER OF: MOU between the City of National City and the Federal Bureau of Investigation (FBI) — Human Trafficking and Child Exploitation Task Force (HTCETF), and Cost Reimbursement Agreement. Please note the following: NO FULLY EXECUTED ORIGINAL MOU OR AGREEMENT WAS FILED WITH THE OFFICE OF THE CITY CLERK. ORIGINATING DEPARTMENT: NTF CDC Housing & Grants City Attorney Human Resources City Manager MIS Community Svcs. _ Planning Engineering X Police Finance Public Works Fire Nutrition Center Successor Agency CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: July 24, 2018 AGENDA ITEM NO. 4 TEM TITLE: Resolution of the City Council of the City of National City 1) authorizing the Chief of Police to sign a Memorandum of Understanding with the Federal Bureau of Investigation (FBI) to participate in operations with the Human Trafficking and Child Exploitation Task Force (HTCETF), 2) authorizing the Chief of Police to sign a Cost Reimbursement Agreement (CRA) with the FBI, 3) authorizing the acceptance of HTCETF funds of up to $18,042 per fiscal year, and 4) authorizing the establishment of a Police Department Grants Fund appropriation and corresponding revenue budget for the funds. The HTCETF conducts criminal investigations to identify and target criminals who engage in sex trafficking, forced labor trafficking, domestic servitude and to rescue child victims; to reduce the vulnerability of children to sexual exploitation and abuse. PREPARED BY: Greg Seward, Lieutenant PHONE: Ext. 4538 DEPARTMENT: Police EXPLANATION: APPROVED BY: If the Resolution is approved by the City Council, it will allow the Chief of Police to sign a Memorandum of Unde tanding with the FBI and a Cost Reimbursement Agreement (CRA) to have a National City Police Officer participate in, operations with the Human Trafficking and Child Exploitation Task Force (HTCETF). The HTCETF conducts criminal investigations to identify and target criminals who engage in sex trafficking, forced labor trafficking, domestic servitude and to rescue child victims; to reduce the vulnerability of children to sexual exploitation and abuse. In addition, the HTCETF will enhance the effectiveness of the federal/state/local law enforcement resources through well -coordinated information sharing/investigative/prosecutorial avenues. The MOU will allow our Human Trafficking Task Force (HTTF) Officer to participate in joint operations with HTCETF. By participating in these operations, the HTCETF may reimburse NCPD for overtime expended on these federal criminal prosecutions. For the purposes of the MOU, each participating agency is responsible for providing its respective personnel to participate in operations to the HTCETF with salaries, benefits and overtime. Overtime will be reimbursed by HTCETF for lualifying cases up to the amount of $18,042 per year as set forth by the Salary / ive l ime Compensation section. In urtherance, the assigned Investigator may be provided the use of a FBI owned/leas d vehi le. The duration of the MOU is ongoing, contingent to funding for the program. FINANCIAL STATEMENT: ACCOUNT NO. Revenue: 290-11667-3498 Expense: 290-411-667-1 * APPROVE APPROVED: (Other Federal Grants) $18,042 (Personnel) $18,042 No net financial impact. Revenues off -set expenses. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: zr Finance MIS STAFF RECOMMENDATION: Approve Resolution. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: BI MOU 1-BI Cost Reimbursement Agreement State and Local OT Authorization Amount Resolution ��so/6"-N, %IN. ,ISl- I3`( FOR OFFICIAL USE ONLY 1 FEDERAL BUREAU OF INVESTIGATION HUMAN TRAFFICKING AND CHILD EXPLOITATION TASK FORCE MEMORANDUM OF UNDERSTANDING PARTIES 1. This Memorandum of Understanding (MOU) is entered into by and between the Federal Bureau of Investigation (FBI) and the City of National City, National City Police Department. Nothing in this MOU should be construed as limiting or impeding the basic spirit of cooperation which exists between these agencies. AUTHORITIES 2. Authority for the FBI to enter into this agreement can be found at Title 28, United States Code (U.S.C.), Section (§) 533; 42 U.S.C. § 3771; Title 28, Code of Federal Regulations (C.F.R.), § 0.85; and applicable United States Attorney General's Guidelines. PURPOSE 3. The purpose of this MOU is to delineate the responsibilities of Human Trafficking and Child Exploitation Task Force (HTCETF) personnel formalize relationships between participating agencies for policy guidance, planning, training, public and media relations; and maximize inter- agency cooperation. 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, the United States, or the officers, employees, agents, or other associated personnel thereof.) MISSION 4. The mission of the Human Trafficking and Child Exploitation Task Force (HTCETF) is to provide a rapid and intelligence -driven investigative response to sex trafficking; forced labor trafficking; domestic servitude; the victimization of children and other crimes against children within the FBI's jurisdiction; to identify and rescue child victims; to reduce the vulnerability of children to sexual exploitation and abuse; to reduce the negative impact of domestic and international parental rights disputes; and to strengthen the capabilities of the FBI and federal, state, local, and international law enforcement through training, intelligence -sharing, technical support, and investigative assistance. 5. The defined priority threats that are aligned with the mission of the HTCETF are: A. Human Trafficking i. Recruitment, harboring, transportation, provision, or obtaining of a person for labor or commercial sexual services B. Child Abductions i. Non -ransom child abductions ii. Domestic parental kidnapping C. Sexual Exploitation of Children Enterprises i. Domestic Child Sex Trafficking 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 ii. Online Networks and Enterprises D. Contact Offenses Against Children i. Domestic travel with intent to engage in illegal sexual activity with a minor ii. Child Sex Tourism — travel abroad to engage in commercial sexual exploitation of a child under the age of 18 iii. Production of Child Pornography iv. Coercion/enticement of a minor E. Trafficking of Child Pornography i. Mass Distribution of Child Pornography ii. Possession of Child Pornography F. International Parental Kidnapping G. Other Crimes Against Children i. All other crimes against children violations within the FBI's jurisdiction should be investigated in accordance with available resources. SUPERVISION AND CONTROL A. Supervision 6. Overall management of the task force shall be the shared responsibility of the participating agency heads and/or their designees. 7. The Special Agent in Charge (SAC) of the San Diego Division shall designate one Supervisory Special Agent (HTCETF Supervisor) to supervise the HTCETF. The HTCETF Supervisor may designate a Special Agent to serve as the Task Force Coordinator (Task Force Coordinator). Either the HTCETF Supervisor or the Task Force Coordinator shall oversee day-to-day operational and investigative matters pertaining to the HTCETF. 8. Conduct undertaken outside the scope of an individual's HTCETF duties and assignments under this MOU shall not fall within the oversight responsibility of the HTCETF Supervisor or Task Force Coordinator. As stated in paragraph 74, below, neither the United States nor the FBI shall be responsible for such conduct. 9. HTCETF personnel will report to his or her respective agency for personnel and administrative matters. Each participating agency shall be responsible for the pay, overtime, leave, performance appraisals, and other personnel matters relating to its employees detailed to the HTCETF. The FBI and the participating agency may provide for overtime reimbursement by the FBI by separate written agreement. 10. All FBI personnel will adhere to the FBI's ethical standards, including Department of Justice (DOJ)/FBI regulations relating to outside employment and prepublication review matters, and will remain subject to the Supplemental Standards of Ethical conduct for employees of the DOJ. 11. All HTCETF personnel, which includes Task Force Officers, Task Force Members, and Task Force Participants, must adhere to the applicable U.S. Attorney General's Guidelines and Domestic Operations Investigative Guidelines (DIOG). 12. HTCETF personnel will continue to report to their respective agency heads for non -investigative administrative matters not detailed in this MOU. 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 13. Continued assignment of personnel to the HTCETF will be based on performance and at the discretion of appropriate management. The FBI SAC and HTCETF Supervisor will also retain discretion to remove any individual from the HTCETF. B. Case Assignments 14. The FBI HTCETF Supervisor will be responsible for opening, monitoring, directing, and closing HTCETF investigations in accordance with existing FBI policy and the applicable United States Attorney General's Guidelines. 15. Assignments of cases to personnel will be based on, but not limited to, experience, training and performance, in addition to the discretion of the HTCETF Supervisor. 16. For FBI administrative purposes, HTCETF cases will be entered into the relevant FBI computer system. 17. HTCETF personnel will have equal responsibility for each case assigned. HTCETF personnel will be responsible for complete investigation from predication to resolution. C. Resource Control 18. The head of each participating agency shall determine the resources to be dedicated by that agency to the HTCETF, including personnel, as well as the continued dedication of those resources. The participating agency head or designee shall be kept fully apprised of all investigative developments by his or her subordinates. OPERATIONS A. Investigative Exclusivity 19. It is agreed that matters designated to be handled by the HTCETF will not knowingly be subject to non-HTCETF law enforcement efforts by any of the participating agencies. It is incumbent on each agency to make proper internal notification regarding the HTCETF's existence and areas of concern. 20. It is agreed that there is to be no unilateral action taken on the part of the FBI or any participating agency relating to HTCETF investigations or areas of concern. All law enforcement actions will be coordinated and cooperatively carried out. 21. HTCETF investigative leads outside of the geographic areas of responsibility for FBI San Diego Division will be communicated to other FBI offices for appropriate investigation. B. Confidential Human Sources 22. The disclosure of FBI informants, or Confidential Human Sources (CHSs), to non-HTCETF personnel will be limited to those situations where it is essential to the effective performance of the HTCETF. These disclosures will be consistent with applicable FBI guidelines. FOR OFFICIAL USE ONLY This document is the property of the FBI and is loaned to your agency. Neither it nor its contents may be released without authorization by FBI Headquarters. FOR OFFICIAL USE ONLY 4 23. Non -FBI HTCETF personnel may not make any further disclosure of the identity of an FBI CHS, including to other individuals assigned to the HTCETF. No documents which identify, tend to identify, or may indirectly identify an FBI CHS may be released without prior FBI approval. 24. In those instances where a participating agency provides a CHS, the FBI may, at the discretion of the SAC, become solely responsible for the CHS's continued development, operation, and compliance with necessary administrative procedures regarding operation and payment as set forth by the FBI. 25. The United States Attorney General's Guidelines and FBI policy and procedure for operating FBI CHSs shall apply to all FBI CHSs opened and operated in furtherance of HTCETF investigations. Documentation of, and any payments made to, FBI CHSs shall be in accordance with FBI policy and procedure. 26. Operation, documentation, and payment of any CHS opened and operated in furtherance of an HTCETF investigation must be in accordance with the United States Attorney General's Guidelines, regardless of whether the handling agency is an FBI HTCETF participating agency. Documentation of state, county, or local CHSs opened and operated in furtherance of HTCETF investigations shall be maintained at an agreed upon location. C. Reports and Records 27. All investigative reporting will be prepared in compliance with existing FBI policy. Subject to pertinent legal and/or policy restrictions, copies of pertinent documents created by HTCETF personnel will be made available for inclusion in the respective investigative agencies' files as appropriate. 28. HTCETF reports prepared in cases assigned to HTCETF personnel will be maintained at an FBI approved location; original documents will be maintained by the FBI. 29. Records and reports generated in HTCETF cases which are opened and assigned by the HTCETF Supervisor with designated oversight for investigative and personnel matters will be maintained in the FBI investigative file for HTCETF. 30. HTCETF investigative records maintained at the San Diego Field Office of the FBI will be available to all HTCETF personnel, as well as their supervisory and command staff subject to pertinent legal, administrative and/or policy restrictions. 31. All evidence and original tape recordings (audio and video) acquired by the FBI during the course of the HTCETF investigations will be maintained by the FBI. The FBI's rules and policies governing the submission, retrieval and chain of custody will be adhered to by HTCETF personnel. 32. All HTCETF investigative records will be maintained at an approved FBI location. Placement of all or part of said information into participating agency files rests with the discretion of supervisory personnel of the concerned agencies, subject to SSA approval. 33. Classified information and/or documents containing information that identifies or tends to identify an FBI CHS shall not be placed in the files of participating agencies unless appropriate FBI policy has been satisfied. FOR OFFICIAL USE ONLY This document is the property of the FBI and is loaned to your agency. Neither it nor its contents may be released without authorization by FBI Headquarters. FOR OFFICIAL USE ONLY 5 34. The Parties acknowledge that this MOU may provide HTCETF personnel with access to information about U.S. persons which is protected by the Privacy Act of 1974 and/or Executive Order 12333. The Parties expressly agree that all such information will be handled lawfully pursuant to the provisions thereof. The Parties further agree that if this access to information by HTCETF personnel requires a change in privacy compliance documents, those changes will be accomplished prior to access being granted. INFORMATION SHARING 35. No information possessed by the FBI, to include information derived from informal communications between HTCETF personnel and FBI employees not assigned to the HTCETF, may be disseminated by HTCETF personnel to non-HTCETF personnel without the approval of the HTCETF Supervisor and in accordance with the applicable laws and internal regulations, procedures or agreements between the FBI and the participating agencies that would permit the participating agencies to receive that information directly. Likewise, HTCETF personnel will not provide any participating agency information to the FBI that is not otherwise available to it unless authorized by appropriate participating agency officials. 36. Each Party that discloses PII is responsible for making reasonable efforts to ensure that the information disclosed is accurate, complete, timely, and relevant. 37. The FBI is providing access to information from its records with the understanding that in the event the recipient becomes aware of any inaccuracies in the data, the recipient will promptly notify the FBI so that corrective action can be taken. Similarly, if the FBI becomes aware that information it has received pursuant to this MOU is inaccurate, it will notify the contributing Party so that corrective action can be taken. 38. Each Party is responsible for ensuring that information it discloses was not knowingly obtained or maintained in violation of any law or policy applicable to the disclosing Party, and that information is only made available to the receiving Party as may be permitted by laws, regulations, policies, or procedures applicable to the disclosing Party. 39. Each Party will immediately report to the other Party each instance in which data received from the other Party is used, disclosed, or accessed in an unauthorized manner (including any data losses or breaches). 40. The Parties agree that either or both may audit the handling and maintenance of data in electronic and paper recordkeeping systems to ensure that appropriate security and privacy protections are in place. PROSECUTIONS 41. HTCETF investigative procedures, whenever practicable, are to conform to the requirements which would allow for either federal or state prosecution. 42. A determination will be made on a case -by -case basis whether the prosecution of HTCETF cases will be at the state or federal level. This determination will be based on the evidence obtained and FOR OFFICIAL USE ONLY This document is the property of the FBI and is loaned to your agency. Neither it nor its contents may be released without authorization by FBI Headquarters. FOR OFFICIAL USE ONLY 6 a consideration of which level of prosecution would be of the greatest benefit to the overall objectives of the HTCETF. 43. In the event that a state or local matter is developed that is outside the jurisdiction of the FBI or it is decided to prosecute a HTCETF case at the state or local level, the FBI agrees to provide all relevant information to state and local authorities in accordance with all applicable legal limitations. A. Investigative Methods/Evidence 44. For cases assigned to an FBI Special Agent or in which FBI CHSs are utilized, the parties agree to conform to federal standards concerning evidence collection, processing, storage, and electronic surveillance. However, in situations where the investigation will be prosecuted in the State Court where statutory or common law of the state is more restrictive than the comparable federal law, the investigative methods employed by FBI case agents shall conform to the requirements of such statutory or common law pending a decision as to venue for prosecution. 45. In all cases assigned to state, county, or local law enforcement participants, the parties agree to utilize federal standards pertaining to evidence handling and electronic surveillance activities as outlined in the Domestic Investigations and Operations Guide to the greatest extent possible. However, in situations where the statutory or common law of the state is more restrictive than the comparable federal law, the investigative methods employed by state and local law enforcement agencies shall conform to the requirements of such statutory or common law pending a decision as to venue for prosecution. 46. The use of other investigative methods (search warrants, interceptions of oral communications, etc.) and reporting procedures in connection therewith will be consistent with the policies and procedures of the FBI. B. Undercover Operations 47. All HTCETF undercover operations will be conducted and reviewed in accordance with FBI guidelines and the Attorney General's Guidelines on Federal Bureau of Investigation Undercover Operations. All participating agencies may be requested to enter into an additional agreement if an employee of the participating agency is assigned duties which require the officer to act in an undercover capacity. USE OF LESS -THAN -LETHAL -DEVICES' 48. The parent agency of each individual assigned to the HTCETF will ensure that while the individual is participating in FBI -led task force operations in the capacity of a task force officer, task force member, or task force participant, the individual will carry only less -lethal devices that the parent agency has issued to the individual, and that the individual has been trained in accordance with the agency's policies and procedures. Pursuant to Section VIII of the DOJ Less -Than -Lethal Devices Policy dated May 16, 2011, all state/local officers participating in joint task force operations must be made aware of and adhere to the policy and its limits on DOJ officers. FOR OFFICIAL USE ONLY This document is the property of the FBI and is loaned to your agency. Neither it nor its contents may be released without authorization by FBI Headquarters. FOR OFFICIAL USE ONLY 7 49. The parent agency of each individual assigned to the HTCETF will ensure that the agency's policies and procedures for use of any less -lethal device that will be carried by the task force officer, task force member, or task force participant are consistent with the DOJ policy statement on the Use of Less -Than -Lethal Devices.2 DEADLY FORCE AND SHOOTING INCIDENT POLICIES 50. HTCETF personnel will follow their own agencies' policies concerning firearms discharge and use of deadly force. DEPUTATIONS 51. Local and state law enforcement personnel designated to the HTCETF, subject to a limited background inquiry, may be sworn as federally deputized Special Deputy United States Marshals, with the FBI securing the required deputation authorization. These deputations should remain in effect throughout the tenure of each investigator's assignment to the HTCETF or until the termination of the HTCETF, whichever comes first. 52. Deputized HTCETF personnel will be subject to the rules and regulations pertaining to such deputation. Administrative and personnel policies imposed by the participating agencies will not be voided by deputation of their respective personnel. VEHICLES 53. In furtherance of this MOU, employees of participating agencies may be permitted to drive FBI owned or leased vehicles for official HTCETF business and only in accordance with applicable FBI rules and regulations, including those outlined in the FBI Government Vehicle Policy Directive (0430D) and the Government Vehicle Policy Implementation Guide (0430PG). The assignment of an FBI owned or leased vehicle to HTCETF personnel will require the execution of a separate Vehicle Use Agreement. 54. The participating agencies agree that FBI vehicles will not be used to transport passengers unrelated to HTCETF business. 55. The FBI and the United States will not be responsible for any tortious act or omission on the part of each participating agency and/or its employees or for any liability resulting from the use of an FBI owned or leased vehicle utilized by HTCETF personnel, except where liability may fall under the 2 Less -lethal — When use of force is required, but deadly force may not be appropriate, law enforcement officers may employ less -lethal weapons to gain control of a subject. Less -lethal weapons are designed to induce a subject to submit or comply with directions. These weapons give law enforcement officers the ability to protect the safety of officers, subjects, and the public by temporarily incapacitating subjects. While less -lethal weapons are intended to avoid causing any serious harm or injury to a subject, significant injuries and death can occur from their use. The term "less -than -lethal" is synonymous with "less -lethal", "non -lethal", "non -deadly", and other terms referring to devices used in situations covered by the DOJ Policy on the Use of Less -Than Lethal Devices. "Less - lethal" is the industry standard and the terminology the FBI has elected to utilize in reference to this policy. FOR OFFICIAL USE ONLY This document is the property of the FBI and is loaned to your agency. Neither it nor its contents may be released without authorization by FBI Headquarters. FOR OFFICIAL USE ONLY 8 provisions of the Federal Tort Claims Act (FTCA), as discussed in the Liability Section herein below. 56. The FBI and the United States shall not be responsible for any civil liability arising from the use of an FBI owned or leased vehicle by participating agency HTCETF personnel while engaged in any conduct other than their official duties and assignments under this MOU. 57. To the extent permitted by applicable law, the participating agencies agree to hold harmless the FBI and the United States, for any claim for property damage or personal injury arising from any use of an FBI owned or leased vehicle by HTCETF personnel which is outside the scope of their official duties and assignments under this MOU. SALARY/OVERTIME COMPENSATION 58. The FBI and each participating agency remain responsible for all personnel costs for their HTCETF representatives, including salaries, overtime payments and fringe benefits consistent with their respective agency, except as described in paragraph 59 below. 59. Subject to funding availability and legislative authorization, the FBI will reimburse to participating agency the cost of overtime worked by non-federal HTCETF personnel assigned full-time to HTCETF, provided overtime expenses were incurred as a result of HTCETF-related duties, and subject to the provisions and limitations set forth in a separate Cost Reimbursement Agreement to be executed in conjunction with this MOU. A separate Cost Reimbursement Agreement must be executed between the FBI and participating agency for full-time employee(s) assigned to HTCETF, consistent with regulations and policy, prior to any reimbursement by the FBI. Otherwise, overtime shall be compensated in accordance with applicable participating agency overtime provisions and shall be subject to the prior approval of appropriate personnel. PROPERTY AND EQUIPMENT 60. Property utilized by the HTCETF in connection with authorized investigations and/or operations and in the custody and control and used at the direction of the HTCETF, will be maintained in accordance with the policies and procedures of the agency supplying the equipment. Property damaged or destroyed which was utilized by HTCETF in connection with authorized investigations and/or operations and is in the custody and control and used at the direction of HTCETF, will be the financial responsibility of the agency supplying said property. FUNDING 61. This MOU is not an obligation or commitment of funds, nor a basis for transfer of funds, but rather is a basic statement of the understanding between the parties hereto of the tasks and methods for performing the tasks described herein. Unless otherwise agreed in writing, each party shall bear its own costs in relation to this MOU. Expenditures by each party will be subject to its budgetary processes and to the availability of funds and resources pursuant to applicable laws, regulations, and policies. The parties expressly acknowledge that the above language in no way implies that Congress will appropriate funds for such expenditures. FOR OFFICIAL USE ONLY This document is the property of the FBI and is loaned to your agency. Neither it nor its contents may be released without authorization by FBI Headquarters. FOR OFFICIAL USE ONLY 9 FORFEITURES 62. The FBI shall be responsible for processing assets seized for federal forfeiture in conjunction with HTCETF operations. 63. Asset forfeitures will be conducted in accordance with federal law, and the rules and regulations set forth by the FBI and DOJ. Forfeitures attributable to HTCETF investigations may be equitably shared with the agencies participating in the HTCETF. DISPUTE RESOLUTION 64. In cases of overlapping jurisdiction, the participating agencies agree to work in concert to achieve the HTCETF's objectives. 65. The participating agencies agree to attempt to resolve any disputes regarding jurisdiction, case assignments, workload, etc., at the field level first before referring the matter to supervisory personnel for resolution. MEDIA RELEASES 66. All media releases and statements will be mutually agreed upon and jointly handled according to FBI and participating agency guidelines. 67. Press releases will conform to DOJ Guidelines regarding press releases. No release will be issued without FBI final approval. SELECTION TO HTCETF AND SECURITY CLEARANCES 68. If a participating agency candidate for the HTCETF will require a security clearance, he or she will be contacted by FBI security personnel to begin the background investigation process prior to the assigned start date. 69. If, for any reason, the FBI determines that a participating agency candidate is not qualified or eligible to serve on the HTCETF, the participating agency will be so advised and a request will be made for another candidate. 70. Upon being selected, each candidate will receive a comprehensive briefing on FBI field office security policies and procedures. During the briefing, each candidate will execute non -disclosure agreements (SF-312 and FD-868), as may be necessary or required by the FBI. 71. Before receiving unescorted access to FBI space identified as an open storage facility, HTCETF personnel will be required to obtain and maintain a "Top Secret" security clearance. HTCETF personnel will not be allowed unescorted access to FBI space unless they have received a Top Secret security clearance. 72. Upon departure from the HTCETF, each individual whose assignment to the HTCETF is completed will be given a security debriefing and reminded of the provisions contained in the non- disclosure agreement to which he or she previously agreed. FOR OFFICIAL USE ONLY This document is the property of the FBI and is loaned to your agency. Neither it nor its contents may be released without authorization by FBI Headquarters. FOR OFFICIAL USE ONLY 10 LIABILITY 73. The participating agencies acknowledge that this MOU does not alter the applicable law governing civil liability, if any, arising from the conduct of personnel assigned to the HTCETF. 74. The participating agency shall immediately notify the FBI of any civil, administrative, or criminal claim, complaint, discovery request, or other request for information of which the agency receives notice, concerning or arising from the conduct of personnel assigned to the HTCETF or otherwise relating to the HTCETF. 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 HTCETF remains vested with his or her employing agency. In the event that a civil claim or complaint is brought against a state or local officer assigned to the HTCETF, the officer may request legal representation and/or defense by DOJ, under the circumstances and pursuant to the statutes and regulations identified below. 75. For the limited purpose of defending against a civil claim arising from alleged negligent or wrongful conduct under common law under the FTCA, 28 U.S.C. § 1346(b), and §§ 2671-2680: An individual assigned to the HTCETF who is named as a defendant in a civil action as a result of or in connection with the performance of his or her official duties and assignments pursuant to this MOU may request to be certified by the Attorney General or his designee as having acted within the scope of federal employment at the time of the incident giving rise to the suit. 28 U.S.C. § 2679(d)(2). Upon such certification, the individual will be considered an "employee" of the United States government for the limited purpose of defending the civil claim under the FTCA, and the claim will proceed against the United States as sole defendant. 28 U.S.C. § 2679(d)(2). Once an individual is certified as an employee of the United States for purposes of the FTCA, the United States is substituted for the employee as the sole defendant with respect to any tort claims. Decisions regarding certification of employment under the FTCA are made on a case -by -case basis, and the FBI cannot guarantee such certification to any HTCETF personnel. 76. For the limited purpose of defending against a civil claim arising from an alleged violation of the U.S. Constitution pursuant to 42 U.S.C. § 1983 or Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics, 403 U.S. 388 (1971): An individual assigned to the HTCETF who is named as a defendant in a civil action as a result of or in connection with the performance of his or her official duties and assignments pursuant to this MOU may request individual -capacity representation by DOJ to defend against the claims. 28 C.F.R. §§ 50.15, 50.16. Any such request for individual -capacity representation must be made in the form of a letter from the individual defendant to the U.S. Attorney General. The letter should be provided to Chief Division Counsel (CDC) for the FBI San Diego Division, who will then coordinate the request with the FBI Office of the General Counsel. In the event of an adverse judgment against the individual, he or she may request indemnification from DOJ. 28 C.F.R. § 50.15(c)(4). Requests for DOJ representation and indemnification are determined by DOJ on a case -by -case basis. The FBI cannot guarantee the United States will provide legal representation or indemnification to any HTCETF personnel. 77. Liability for any conduct by HTCETF personnel undertaken outside of the scope of their assigned duties and responsibilities under this MOU shall not be the responsibility of the FBI or the United States and shall be the sole responsibility of the respective employee and/or agency involved. FOR OFFICIAL USE ONLY This document is the property of the FBI and is loaned to your agency. Neither it nor its contents may be released without authorization by FBI Headquarters. FOR OFFICIAL USE ONLY 11 DURATION 78. The term of this MOU is for the duration of the HTCETF's operations, contingent upon approval of necessary funding, but may be terminated at any time upon written mutual consent of the agency involved. 79. Any participating agency may withdraw from the HTCETF at any time by written notification to the SSA with designated oversight for investigative and personnel matters or program manager of the HTCETF at least 30 days prior to withdrawal. 80. Upon termination of this MOU, all equipment provided to the HTCETF will be returned to the supplying agency/agencies. In addition, when an entity withdraws from the MOU, the entity will return equipment to the supplying agency/agencies. Similarly, remaining agencies will return to a withdrawing agency any unexpended equipment supplied by the withdrawing agency during any HTCETF participation. MODIFICATIONS 81. This agreement may be modified at any time by written consent of all involved agencies. 82. Modifications to this MOU shall have no force and effect unless such modifications are reduced to writing and signed by an authorized representative of each participating agency. SIGNATORIES Special Agent in Charge Date Federal Bureau of Investigation Manuel Rodriguez, Chief of Police Date NATIONAL CITY POLICE DEPARTMENT 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 FEDERAL BUREAU OF INVESTIGATION Human Trafficking & Child Exploitation Task force Cost Reimbursement Agreement HTCETF File No.: 50-SD-C66039 Pursuant to Congressional appropriations, the Federal Bureau of Investigation (FBI) receives authority to pay overtime for police officers assigned to the formalized Human Trafficking & Child Exploitation Task Force (HTCETF), 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 the National City Police Department (NCPD), located at 1200 National City Blvd, National City, CA 91950, Taxpayer Identification Number: 95-6000749, and Telephone Number: (619) 336-4538, that: 1. This Agreement is entered into pursuant to, and as an annex to, the FBI HTCETF Memorandum of Understanding (MOU) signed by the Chief of Police of the National City Police Department on and must be read and interpreted in conformity with all terms of that document. 2. Commencing upon execution of this Agreement, the FBI will, subject to availability of required funding, reimburse NCPD for overtime payments made to officers assigned to and working full time on HTCETF related matters. 3. Requests for reimbursement will be made on a monthly basis and should be forwarded to the FBI San Diego Field Office as soon as practical after the first of the month which follows the month for which reimbursement is requested. Such requests should be forwarded by a Supervisor at NCPD to the FBI HTCETF Squad Supervisor and FBI San Diego Special Agent in Charge for their review, approval, and processing for payment. 4. Overtime reimbursement payments from the FBI will be made via electronic funds transfer (EFT) directly to NCPD using the FBI's Unified Financial Management System (UFMS). To facilitate EFT, NCPD must establish an account online in the System for Award Management (SAM) at www.sam.qov. Each request for reimbursement will include an invoice number, invoice date, and a taxpayer identification number (TIN). Verification of NCPD banking information is required on an annual basis in order to keep payment information current. For additional information regarding the UFMS and SAM, contact the FBI San Diego Financial Manager. 5. Overtime reimbursements will be calculated at the usual rate for which the individual officer's time would be compensated in the absence of this Agreement. However, said reimbursement, per officer, shall not exceed monthly and/or annual limits established annually by the FBI. The limits, calculated using Federal pay tables, will be in effect for the Federal fiscal year running from October 1st of one year through September 30th of the following year, unless changed during the period. The FBI reserves the right to change the reimbursement limits, upward or downward, for subsequent periods based on fiscal priorities and appropriations limits. The FBI will notify NCPD of the applicable annual limits prior to October 1st of each year. 6. The number of NCPD Officers / deputies assigned full-time to the HTCETF 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 HTCETF, this number may change periodically, upward or downward, as approved in advance by the FBI. 1 For Official Use Only This document is the property of the FBI and is loaned to your agency. Neither it nor its contents may be released without authorization by FBI Headquarters. For Official Use Only 7. Prior to submission of any overtime reimbursement requests, NCPD must prepare an official document setting forth the identity of each officer assigned full-time to the [HTCETF], 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 San Diego Field Office for FBI review and approval. 8. Each request for reimbursement will include the name, rank, identification number, overtime compensation rate, number of reimbursable hours claimed, and the dates of those hours for each officer for whom reimbursement is sought. The request must be accompanied by a certification and signed by an appropriate Supervisor at NCPD 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 HTCETF. 9. Requests for reimbursement must be received by the FBI no later than December 31st of the next fiscal year for which the reimbursement applies. For example, reimbursements for the fiscal year ending September 30, 2017, must be received by the FBI by December 31, 2017. The FBI is not obligated to reimburse any requests received after that time. 10. This Agreement is effective upon signatures of the parties and will remain in effect for the duration of NCPD's participation on the HTCETF, 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. Signatories: FBI Special Agent Federal Bureau of Investigation Date: Financial Manager Federal Bureau of Investigation Date: Manuel Rodriguez Chief of Police National City Police Department Date: 2 For Official Use Only This document is the property of the FBI and is loaned to your agency. Neither it nor its contents may be released without authorization by FBI Headquarters. NOTICE OF LIMITS FOR FY 2018 STATE AND LOCAL OVERTIME REIMBURSEMENTS Subject to the availability of funding and legislative authorization, the FBI may reimburse state and local law enforcement agencies (LEA) for the cost of overtime incurred by officers assigned full-time to FBI managed task forces provided the overtime expenses were incurred as a result of task force related activities. Consistent with regulation and policy, a separate Cost Reimbursement Agreement (CRA) must be executed between the FBI and the LEA and an underlying Memorandum of Understanding (MOU) must exist in support of the task force relationship. For Fiscal Year 2018, the maximum limits for reimbursements under these CRAs are S1,503.50 per month and $18,042 per year for each officer assigned full-time to the task force. These limits are effective for overtime worked on or after October 1, 2017. These reimbursements are limited to eligible officers' direct overtime salary expenses and shall not include any costs associated with the LEA's indirect expenses or officers' benefits such as retirement, social security, and similar related expenses. FBI field offices and state and local law enforcement agencies may process overtime reimbursement requests under formally executed CRAs in accordance with the authority of this notice. This notice is issued unilaterally by the FBI's Budget Officer and does not require formal acceptance and signature by FBI field offices and state and local law enforcement agencies. Mark H. molds Budget Officer Federal Bureau of Investigation ate RESOLUTION NO. 2018 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CHIEF OF POLICE TO EXECUTE A MEMORANDUM OF UNDERSTANDING AND A COST REIMBURSEMENT AGREEMENT WITH THE FEDERAL BUREAU OF INVESTIGATION (FBI) FOR PARTICIPATION IN OPERATIONS WITH THE HUMAN TRAFFICKING AND CHILD EXPLOITATION TASK FORCE (HTCETF); AUTHORIZING THE ACCEPTANCE OF HTCETF FUNDS OF UP TO $18,042 PER FISCAL YEAR; AND AUTHORIZING THE ESTABLISHMENT OF A POLICE DEPARTMENT GRANTS FUND APPROPRIATION AND CORRESPONDING REVENUE BUDGET FOR THE FUNDS WHEREAS, the Human Trafficking and Child Exploitation Task Force ("HTCETF") conducts criminal investigations to identify and target criminals who engage in sex trafficking, forced labor trafficking, and domestic servitude, as well as rescue child victims and reduce the vulnerability of children to sexual exploitation and abuse; and WHEREAS, the HTCETF enhances the effectiveness of the Federal, State, and local law enforcement resources through well -coordinated information sharing, investigative, and prosecutorial avenues; and WHEREAS, for the National City Police Department ("NCPD") to participate in the HTCETF the City is required to enter into a Memorandum of Understanding ("MOU") with the Federal Bureau of Investigation ("FBI") to allow a National City Police officer to participate in joint operations with HTCETF; and WHEREAS, the MOU requires each participating agency to be responsible for providing its respective personnel that participate in operations to the HTCETF with salaries, benefits and overtime; and WHEREAS, through the execution of a Cost Recovery Agreement, overtime expended on federal criminal prosecutions will be reimbursed by HTCETF for qualifying cases up to the amount of $18,042 per year, as set forth by the Salary/Overtime Compensation section of the MOU; and WHEREAS, the duration of the MOU is ongoing, contingent to funding for the program. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Chief of Police to execute a Memorandum of Understanding with the FBI for a National City Police officer to participate in operations with the Human Trafficking and Child Exploitation Task Force ("HTCETF"). BE IT FURTHER RESOLVED that the City Council authorizes the acceptance of the reimbursable grant funds in the amount of $18,042 per fiscal year. BE IT FURTHER RESOLVED that the City Council authorizes the establishment of an appropriation and corresponding revenue budget for overtime for the not to exceed amount of $18,042 per fiscal year. [Signature Page to Follow] Resolution No. 2018 — Page Two PASSED and ADOPTED this 24th day of July, 2018. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney RESOLUTION NO. 2018 — 134 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CHIEF OF POLICE TO EXECUTE A MEMORANDUM OF UNDERSTANDING AND A COST REIMBURSEMENT AGREEMENT WITH THE FEDERAL BUREAU OF INVESTIGATION (FBI) FOR PARTICIPATION IN OPERATIONS WITH THE HUMAN TRAFFICKING AND CHILD EXPLOITATION TASK FORCE (HTCETF); AUTHORIZING THE ACCEPTANCE OF HTCETF FUNDS OF UP TO $18,042 PER FISCAL YEAR; AND AUTHORIZING THE ESTABLISHMENT OF A POLICE DEPARTMENT GRANTS FUND APPROPRIATION AND CORRESPONDING REVENUE BUDGET FOR THE FUNDS WHEREAS, the Human Trafficking and Child Exploitation Task Force ("HTCETF") conducts criminal investigations to identify and target criminals who engage in sex trafficking, forced labor trafficking, and domestic servitude, as well as rescue child victims and reduce the vulnerability of children to sexual exploitation and abuse; and WHEREAS, the HTCETF enhances the effectiveness of the Federal, State, and local law enforcement resources through well -coordinated information sharing, investigative, and prosecutorial avenues; and WHEREAS, for the National City Police Department ("NCPD") to participate in the HTCETF the City is required to enter into a Memorandum of Understanding ("MOU") with the Federal Bureau of Investigation ("FBI") to allow a National City Police officer to participate in joint operations with HTCETF; and WHEREAS, the MOU requires each participating agency to be responsible for providing its respective personnel that participate in operations to the HTCETF with salaries, benefits and overtime; and WHEREAS, through the execution of a Cost Recovery Agreement, overtime expended on federal criminal prosecutions will be reimbursed by HTCETF for qualifying cases up to the amount of $18,042 per year, as set forth by the Salary/Overtime Compensation section of the MOU; and WHEREAS, the duration of the MOU is ongoing, contingent to funding for the program. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Chief of Police to execute a Memorandum of Understanding with the FBI for a National City Police officer to participate in operations with the Human Trafficking and Child Exploitation Task Force ("HTCETF"). BE IT FURTHER RESOLVED that the City Council authorizes the acceptance of the reimbursable grant funds in the amount of $18,042 per fiscal year. BE IT FURTHER RESOLVED that the City Council authorizes the establishment of an appropriation and corresponding revenue budget for overtime for the not to exceed amount of $18,042 per fiscal year. [Signature Page to Follow] Resolution No. 2018 — 134 Page Two PASSED and ADOPTED this 24th day of July, 2018. ATT l ,./Michael RvDalla, City Clerk APPROVED AS TO FORM: orris -Jones Attorney Morrison, Mayor Passed and adopted by the Council of the City of National City, California, on July 24, 2018 by the following vote, to -wit: Ayes: Councilmembers Cano, Mendivil, Morrison, Rios, Sotelo-Solis. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California City Clerk of the City of National City, California By: I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2018-134 of the City of National City, California, passed and adopted by the Council of said City on July 24, 2018. City Clerk of the City of National City, California By: Deputy