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HomeMy WebLinkAboutResolution - 2023-R0618 - MOU, FBI Child Exploitation Task Force (CETF) - 12/12/2023Resolution No. 2023-R0618 Item No. 5.32 December 12, 2023 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Chief of Police for the City of Lubbock Police Department is hereby authorized and directed to execute for and on behalf of the City of Lubbock, the Federal Bureau of Investigation North Texas Child Exploitation and Human Trafficking Task Force Memorandum of Understanding (MOU), by and between the Federal Bureau of Investigation (FBI) and the City of Lubbock on behalf of the Lubbock Police Department, and all related documents. Said MOU is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on December 12, 2023 AYOR ATTEST: APPROVEll AS TO CONTENT: , s..._ �^^ Gregory W. ushin, Interim Chief of Police APPROVED AS TO FORM: Ry Br ke, Senior Assistant City Attorney RES.FBI North �'exas Child Exploitation �'ask Force MOU I 1.17.23 Resolution No. 2023-R0618 FOR OFFICIAL USE ONLY 1 FEDERAL BUREAU OF INVESTIGATION NORTH TEXAS CHILD EXPl.OfTATION AND HUMAN TRAFFICKING TASK FORCE MEMORANDUM OF UNDERSTANDING f71:i�f�'� This Memorandum of Understanding (MOU) is entered into byand between the Federal Bureau of Investigation {FBI) and the Lubbock Police Depa�tment (collectively: the Parties). Nothing in this MOU should be construed as limiting or impeding the basic spirit of cooperation which exists between these agencies. .�: 2. Authority for the FBI to enter into this agreement can be found at Title 28, United States Code {U.S.C.), Section (§) 533; 34 U.S.C. § 10211; Title 28, Code of Federal Regulations (C.F.R.), § 0.85; and applicable United States Attomey General's Guidelines. I 1�I:71��'� � 3. The purpose of this MOU is to delineate the responsibilities of the North Texas Child Exploitation and Human Trafficking Task Force (CEHTTF) 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 o� benefit, substantive or procedural, enforceable at law or otherwise by any third party against the parties, the United States, or the o�cers, employees, agents, or other associated personnelthereof. No assignment of rights, duties, or obligations of this MOU shall be made by any pa�ty without the exp�ess written app�oval of a duly authorized representative of all other parties. �; • ► 4. The mission of the Child Exploitation and Human Trafficking Task Force (CEHTTF) isto provide a rapid, proactive, and intelligence-driven investigative �esponse to the sexual victimization of children, other crimes against children, and human trafficking within the FBI's jurisdiction; to identify and recover victims of child exploitation and human trafficking; to reduce the wlnerability of children and adults 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 CEHTTFsare: a. Child Abductions (Non-Ransom and Ransom) b. ProductioNManufacturing of Child Sexual Abuse Material FOR OFFICIAL USE ONI.Y FOR OFFICIAL USE ONLY 2 c. Sextortion d. Electronic G�oups/0rganizations/Enterprises for Profit e. TravelerslEnticement f. TraderslDistributors of Child Sexual Abuse Material g. Interstate Transportation of a Minor with Inte�t that Minor Engage in Mylllegal Sexual Activity h. Human Trafficking i. Child Sex Trafficking j. Adult Sex T�a�cking k. Forced Labor I. Domestic Servitude m. International Parental Kidnapping n. Possessors of Child Sexual Abuse Material o. Child Sex Tourism p. Unlawful Flight to Avoid Prosecution — Parental Kidnapping q. All other Crimes Against Children and Human Trafficking matters within the FBI's Jurisdiction : • ► : ► � • ► : � A. Supervision 6. Overall management of the CEHTTF sha{I be the shared responsibility of the FBI and participating agency heads and/or thei� designees. 7. The Special Agent in Charge (SAC) of the FBI Dallas Field Office shall designate one Supervisory Special Agent (CEHTTF Supervisor) to supervise the CEHTTF. The CEHTTF Supervisor may designate a Special Agent to serve as the CEHTTF Coordinator. 8. Conduct undenaken outside the scope of an individual's CEHTTF duties and assignments under this MOU shall not fall within the oversight responsibility of the CEHTTF Supervisor or CEHTTF Coordinator. As stated in paragraph 77, below, neither the United States nor the FBI shall be responsible for such conduct. 9. CEHTTF 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 CEHTTF. The FBI and the participating agency mayp�ovide for overtime reimbursement by the FBI by separate written agreement. 10. Atl FBI personnel will adhere to the FBI's ethical standards, inc{uding 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 CEHTTF pe�sonnel, which includes Task Force O�cers, Task Force Membe�s, and Task Force Participants, must adhe�e to the applicable U.S. Attomey Gene�al's Guidelines and Domestic Operations Investigative Guidelines (DIOG). FOR OFFICIAL USE ONLY FOR OFFICIAL USE ONLY 3 12. CEHTTF personnel will continue to report to their respective agency heads fornon- investigative administrative matters not detailed in this MOU. 13. Continued assignment of personnel to the CEHTTF will be based on performance and at the discretion of appropriate management. The FBI SAC and CEHTTF Supervisor will also �etain discretion to remove any individual from the CEHTTF. B. Case Assignments 14. The FBI CEHTTF Supervisor wili be responsible for opening, monitoring, directing, and closing CEHTTF investigations in accordance with existing FBI policy and theapplicable United States Attomey 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 CEHTTFSupervisor. 96. For FBI administrative purposes, CEHTTF cases will be entered into the relevant FBI computer system. 17. CEHTTF personnel will have equal responsibility for each case assigned. CEHTTF personnel will be responsible for complete investigation f�om 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 CEHTTF, including personnel, as well as the continued dedication of those resources. The participating agency head or designee shall be kept apprised of investigative developments by his or her subordinates. • ; •� A. Investigative Exclusivity 19. tt is agreed that matters designated to be handled by the CEHTTF will not knowingly be subject to non-CEHTTF law enforcement efforts by any of the participating agencies. It is incumbent on each agency to make proper internal notification regarding the CEHTTF's existence and areas of concem. 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 CEHTTF investigations or areas of concernas described in paragraphs 4 and 5. All law enforcement actions will be coordinated and cooperatively carried out. 21. CEHTTF investigative leads outside of the geographic areas of responsibility for the FBI will be communicated to other FBI offices for appropriate investigation. FOR OFFICIAL USE ONLY �OR OFFICIAL USE ONLY 4 B. Confidential Human Sources 22. The disclosure of FBi informants, or Confidential Human Sources (CHSs), to non- CEHTTF personnel will be limited to those situations where it is essential to the effective performance of the CEHTTF and only with prior FBI approvat. These disclosures will be consistent with applicable FBI guidelines and policy. 23. Non-FBI CEHTTF personnel may not make any further disclosure of the identity of an FBI CHS, including to other individuals assigned to the CEHTTF. No documents or information which identify, tend to identify, or may indirectly identify an F81 CHS may be released without prior FBI approval. 24. In those instances where a participating agency provides a CHS, the FBI may 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 CEHTTF investigations. Documentation of, and any payments made to, FBI CHSs shall be in accordance with FBI policy and procedure. 26. Ope�ation, documentation, and payment of any CHS opened and operated in furtherance of a CEHTTF investigation must be in accordance with the United States Attorney General's Guidelines, regardless of whether the handling agency is an FBI CEHTTF participating agency. Documentation of state, county, or local CHSs opened and operated in furtherance of CEHTTF investigations shall be maintained at an agreed upon Iocation. 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 CEHTTF pe�sonne{ will bemade available for inclusion in the respective investigative agencies' files as appropriate. 28. CEHTTF reports prepared in cases assigned to CEHTTF personnel will be mainlained at an FBI app�oved location; original documents will be maintained by the FBI. 29. Records and reports generated in CEHTTF cases which are opened and assigned by the CEHTTF Supervisor with designated oversight for investigative and personnel matters will be maintained in the FBI investigative file forCEHTTF. 30. CEHTTF investigative records maintained at the Dallas Field Office of the FBI will be available to all CEHTTF personnel, as well as their supervisory and command staff subject to pertinent legal, administrative, and/or policyrestrictions. 31. All evidence and original tape recordings (audio and video} acquired by the FBI during the course of the CEHTTF investigations will be maintained by the FBI. The FBI'srules FOR OFFICIAL USE ONLY FOR OFFICIAL USE ONLY 5 and policies governing the submission, retrieval, and chain of custody will be adhered to by CEHTTF personnel. 32. All CEHTTF 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 pe�sonnel of the concerned agencies, subject to CEHTTF Supervisor approval. 33. Classi�ed information and/or documents containing information that identifies or tends to identify an F61 CHS shall not be placed in the files of participating agencies unless appropriate FBI policy has bee� satisfied and o�ly with p�ior FBI approval. ► • : u : • ► . :.: ► 34. Records or repo�ts created or obtained by the [Abbreviated Name of Task Force] are the prope�ty of the FBI and disclosure of such �ecords, if it occu�s, shall be pursuant to applicable federal law, with the approval of FBI. If such reco�ds are shared outside of the [Abbreviated Name of Task Force] with state and/or local law enforcement agencies, such records are merely loaned to the non-Federal agency and are subject to retrieval by the FBI at its discretion. In the event that the [Name of Local Police DepartmentJ Police Department receives a request pursuant to [Name of State]'s public records statute, [State statuteJ, the civil or crimi�al discovery process, or other judicial, legislative, or administrative process, to disclose [Abbreviated Name of Task Force] records, the [Name of Local Police Department] Police Department will immediately notify the FBI of any such request in orde� to allow sufficient time for the FBl to seek to prevent disclosure through appropriate channels, if necessary. 35. No information possessed by the FBI, to include infotmation derived from informal communications between CEHTTF personne! and FBI employees not assigned to the CEHTTF, may be disseminated by CEHTTF personnel to non-CEHTTF personnei without the approval of the CEHTTF 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, CEHTTF personnel wifl not provide any participating agency information to the FBI that is not otherwise available to it unless authorized by appropriate participating agency officials. 36. The Parties acknowledge that this MOU may provide CEHTTF personnel with access to information about U.S. persons which is protected by the Privacy Act of 1974 and/or Executive O�der 12333. The Parties expressly ag�ee that all such information will be handled lawfully pursuant to the provisions thereof. The Parties further agree that if this access to 'tnformation by CEHTTF personnel requires a change in privacy compliance documents, those changes will be accomplished prior to access being granted. 37. Each Party that discloses personally identifiable information (PII) is responsiblefor making reasonable efforts to ensure that the information disclosed is accurate, cornplete, timely, and relevant. �OR OFFICIAL USE ONLY FOR OFFICIAL USE ONLY 6 38. 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 �ecipient 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 betaken. 39. Each Party is responsible for ensuring that information it discloses was not knowingly obtained or maintained in violation of any !aw 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. 40. Each Party will immediately repo�t to the other Party each instance in which data received from the other Party is used, disclosed, or accessed in anunauthorized manner (including any data losses or breaches). 41. Each party agrees to provide, upon request, details regarding the handling and maintenance of data in electronic and paper recordkeeping systems maintained pursuant to the provisions of this MOU, in order to allow the other party to ensure that appropriate security and privacy protections are in place. Such information shalf be provided to the extent allowable by the laws, regulations, and policies governing each party. �:Z�����ITj �t�l;�� 42. CEHTTF investigative procedures, whenever practicable, are to conform tothe requirements which would allow for either federal or state prosecution. 43. A determination will be made on a case-by-case basis whethe� the prosecution of CEHTTF cases will be at the state or federal level. This determination will be based on the evidence obtained and a consideration of which level of prosecution would be of the greatest benefit to the overall objectives of the CEHTTF. 44. 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 CEHTTF 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 45. For cases assigned to an FBI Special Agent or in which FBI CHSs are utilized, the Parties agree to conform to federal standards conceming evidence collection, processing, sto�age, and electronic surveillance. However, in situations where the investigation wiH 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 F61 case agents shall conform to the requirements of such statutory or common law pending a decision as to venue for prosecution. FOR OFFICIAL USE ONLY FOR OFFICIAL USE ONLY 7 46. 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 outiined in the D{OG 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 Iocal law enforcement agencies shall conform to the requirements of such statutory or common law pending a decision as to venue for prosecution. 47. The use of other investigative methods (search warrants, interceptions of oral communications, etc.) and reporting procedures in connection therewith wil{be consistent with the policies and procedures of the FBI. B. Undercover Operations 48. All CEHTTF undercover operations will be conducted and reviewed in accordance with FBI guidelines and the United States Attorney General's Guidelines on FBI Undercover Operations. All participating agencies may be requested to enter into an additional agresment 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' 49. The parent agency of each individual assigned to the CEHTTF 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. 50. The parent agency of each individual assigned to the CEHTTF 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 Pursuant to Section VIII of the DOJ Less-Than-Lethal Devices Po(icy 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. Less-lethal — When use of fo�ce is required, but deadly force may not be approp�iate, 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 compty with directions. These weapons give law enforcement officers the abitity to protect the safety of officers, subjects, and the public by temporarily i�capacitating 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" fs 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 FOR OFFICIAL USE ONLY � � r ■: :, � ■ • • , i t , •• s 51. CEHTTF personnel will follow their own agencies' policies co�cemingfirearms discharge and use of deadly force. � •� 52. Local and state law enforcement personnef designated to the CEHTTF, subject to a limited background inquiry, shall be sworn as federal task fo�ce officers by acquiring Title 18 authority (via the United States Marshals) and Title 21 U.S.C. authority (via the FBI, to participate in federal drug investigations). The FBI will secure the required deputation authorization(s). These deputation(s} should remain in effect throughout the tenure of each investigator's assignment to the CEHTTF or until the termination of the CEHTTF, whichever comes flrst. 53. Deputized CEHTTF 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. 54. State, local, tribal, and territorial law enforcement officers (LEOs) who serve on the CEHTTF must be federally deputized under Title 18. They must also be deputized under Title 21 to participate in federal drug investigations. The FBI may likewise require fede�al LEOs who serve on the CEHTTF to be deputized while assigned to the CEHTTF. The FBI will secure the requi�ed authorization fo� deputations, asneeded. 55. Under the terms of this MOU, the Participating Agency agrees that non-LEOs detailed to the CEHTTF will not: (1} participate in law enforcement activities; {2) carry a weapon, either lethal or non-lethal; or (3) participate in the execution of search/arrestwamants. _�I�TL�� 56. In furtherance of this MOU, employees of participating agencies may be permitted to drive FBI owned or leased vehicles for official CEHTTF business and only in accordance with applicable FBI rules and regulations, including those outlined in the FBI Government Vehicle Use Policy Guide {1093PG}. The assignment of an FBI owned or leased vehicle to participating agency CEHTTF personnel will require the execution of a separate Vehicle Use Agreement. 57. The participating agencies agree that FBI vehicles will not be used to transport passengers unrelated to CEHTTF business. 58. Neither the FBI nor the United States shall be responsible for any civil liability arising f�om the use of an FBI owned or leased vehicle by [task force personnel] whileengaged in any conduct other than their official duties and assignments pursuant to their federal deputation on the CEHTTF. FOR OFFtCIAL USE ONLY FOR OFFICIAL USE ONLY 9 59. To the extent permitted by applicable law, the participating agencies agree to hoEd harmiess the FBI and the United States, for any claim for prope�ty damage or personal injury arising from any use of an FBI owned or leased vehicle by [task forcepe�sonnel] which is outside the scope of their official duties and assignments. :: � : �i �y�' ► �► 60. The FBI and each participating agency remain responsible for all personnel costs for their CEHTTF rep�esentatives, including salaries, overtime payments, and fringe benefits consistent with their respective agency, except as described in paragraph60 below. 61. Subject to funding availability and legislative authorization, the FBI will reimburse to participating agencies the cost of overtime worked by non-federal CEHTTF personnel assigned full-time to CEHTTF, provided overtime expenses were incuned as a result of CEHTTF-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 agencies for full-time employee(s) assigned to CEHTTF, consistent with regulations and policy, prior to any reimbursement by the FBI. Otherwise, overtime shall be compensated in acco�dance with applicable participating agency overtime provisions and shall be subject to the prior approval of appropriate personnel. ': �' : r _► � �' ' ii ► 62. Property utilized by the CEHTTF in connection with authorized investigations and/or operations and in the custody and control and used at the direction of the CEHTTF,will be maintained in accordance with the policies and p�ocedures of the agency supplying the equipment. Property damaged or destroyed which was utilized by CEHTTF in connection with authorized investigations and/or operations and is in the custody and control and used at the direction of CEHTTF, will be the financial responsibility of the agency supplying said property. ►� ► 63. 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 wili appropriate funds for such expenditures. FOR OFFICIAL USE ONLY FOR OFFICIAL USE ONLY 10 � : _ : _ 64. The FBI shall be respansible for processing assets seized for federal forfeiture in conjunction with CEHTTF operations. 65. Asset fvrfeitures will be conducted in accordance with federal law and the rules and �egulations set fo�th by the FBI and DOJ. Forfeitures attributable to CEHTTF investigations may be equitably shared with the agencies participating in theCEHTTF. � _ : _ • _ • ► 66. In cases of overlapping jurisdiction, the participating agencies agree to work in concert to achieve the CEHTTF's objectives. 67. 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. t� � : 68. All media releases and statements witl be mutually agreed upon and joi�tly handled accarding to FBI and participating agency guidelines. 69. Press releases will conform to DOJ Guidelines regarding p�ess releases. No release will be issued without FBf final approval. � ► � . � _ ► � : r _ : _ ► 70. If a participating agency candidate for the CEHT'7� 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. 71. If, for any reason, the FBI determines that a participating agency candidate is �ot qualified or eligible to serve on the CEHTTF, the participating agency will be so advised and a request will be made for another candidate. 72. 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. 73. Befo�e receiving unescorted access to FBI space identified as an open storage facility, CEHTTF personnel will be required to obtain and maintain a"Top Secret" security clearance. CEHTTF personnel wiil not be allowed unescorted access to F61 space unless they have received a Top Secret securityclearance. 74. Upon depanure from the CEHTTF, each individual whose assignment to the CEHTTF is completed will be given a security debriefing and reminded of the provisions contained in the non-disclosure agreement to which he or she previouslyagreed. FOR OFFICIAL USE ONLY FOR OFFICIAL USE ONLY 'i 1 f�T�i�� 75. The pa�ticipating agencies acknowledge that this MOU does not alter the applicabletaw governing civil liabi{ity, if any, arising from the conduct of personnel assigned to the CEHTTF. 76. Each pa�ty agrees to notify the other in the event of receipt of a civil claim arising from [scope of the FBI's relationship with the MOU's other party]. Both parties agree to cooperate fuily with one another in the event of any investigation arising from alleged negligence or misconduct arising from the [operational relationship]. Nothing in this pa�agraph prevents any party from conducting an independent administrative review of any incident giving �ise to a claim. In the event that a civil claim or complaint is brought against a state or local officer assigned to the CEHTTF, the oKcer may request legal rep�esentation and/or defense by DOJ, under the circumstances and pursuant to the statutes and regulations identified below. 77. COMMON LAW TORT CLAIMS A. Congress has provided that the exclusive remedy for the negligent or wrongful act or omission of an employee of the U.S. Government, acting within the scope of his or her employment, shall be an action against the United States under the Federal Tort Claims Act, 28 U.S.C. § 1346(b), and §§ 2671-2680. B. Noiwithstanding any other provision contained in this MOU, for the limited purpose of defending civil claims arising out of [operational relationship] activity, any employee detaifed from a Participating Agency who is acting within the course and scope of his or her official duties and assignments pursuant to this MOU may be considered an "employee" of the U.S. government, as defined at 28 U.S.C. § 2671. See 5 U.S.C. §3374(c)(2). C. Under the Federal Employee Liability Reform and Tort Compensation Act of 1998 (commonly known as the Westfall Act), see 28 U.S.C. § 2679(bxl}, if an empioyee of the United States is named as a defendant in a civil action, the Attorney General or his or he� designee may certify that the defendant acted within the scope of his or her employment at the time of the incident giving rise to the suit, 28 U.S.C. § 2679(d)(1)&(2). The United States can then be substituted for the employee as the sole defendant with respect to any tort claims alleged in the action. 28 U.S.C. § 2679(d)(1 }8(2). Decisions to certify that an employee was acting within the scope of his or her employment atthe time of the incident giving rise to the suit, see 28 U.S.C. § 2679(dx1)&(2), are made on a case-by case-basis, and such certification cannot beguaranteed. D. If the Attorney General declines to certify that an employee was acting within the scope of employment, "the employee may at any time before trial petition the court to find and certify that the employee was acting within the scope of his office or employment." 28 U.S. C. § 2679(d)(3).". 78. 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 Aqents of the Federal Bureau of Narcotics, 403 U.S. 388 (1971 }: An individual FOR OFFICIAI. USE ONLY FOR OFFICIAL USE ONLY 12 assigned to the CEHTTF 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 rep�esentation must be made in the form of a letter from the individual defendant to the U.S. Attorney Gene�al. The letter should be provided to Chief Division Counsel (CDC) for the FBI Dallas Division, who will the� 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 iegal representation or indemnification to any CEHTTF personnel. 79. Liability for any conduct by CEHTTF personnel unde�taken outside of the scope of their duties and assignments pursuant to their federal deputation on the CEHTTF shall not be the responsibility of the FBI or the United States. � : = • ► 80. The term of this MOU is for the duration of the CEHTfF's operations, contingent upon approval of necessary funding, but may be terminated at any time upon written mutual consent of the agency involved. 81. Any participating agency may withdraw from the CEHTTF at any time by written notification to the CEHTTF Supenrisor with designated oversight for investigative and pe�sonnel matters or program manager of the CEHTTF at least 30 days prior to withdrawal. 82. Upon termination of this MOU, all equipment provided to the CEHTTF will be �etumed to the supplying agency/agencies. In addition, when an entity withdraws from the MOU, the entity will retum 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 CEHTTF participation. �i�! : 1�► 83. This agreement may be modified at any time by written consent of all involved agencies. 84. Modifications to this MOU shall have no force and effect unless such modifications are �educed to writing and signed by an authorized representative of each participating agency. FOR OFFICIAL USE ONLY FOR OFFICIAL USE ONLY 13 ► •: Special Agent in Charge Federal Bureau of Investigation �� Greg Rush' Chief of Police Lubbock Police Department APPROVED AS TO FORM: sist�t City Attorney Date � / __ z� -z-3� Date .�.��1 �� Date FOR OFFICIAt USE ONLY �or Ofticial Use Only FEDERAL BUREAU OF INVESTiGATION NORTH TEXAS CHILD EXPLOITATION AND HUMAN TRAFFICKING TASK FORCE Cost Reimbursement Agreement [NTCEHTTFI File No.: 333-DL-A3060870-MOU TF Pursuant to Congressionai appropriations, the Federal Bureau of Investigation (FBI) receives authority to pay overtime for police officers assigned to the formalized NTCEHTTF, 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 Lubbock Police Department located at 916 Texas Ave. Lubbock, TX 79401, Taxpayer Identification Number: 1-75-6000590-6, and Telephone Number: 806-775-2755, that: 1. This Agreement is entered into pursuant to, and as an annex to, the FBI NTCEHTTF Memorandum of Understanding {MOU) signed by the Chief of LPD on April 14, 2016 and shall be read and interpreted in confo�mity with all terms of that document. 2. Commencing upon execution of this Agreement, the FBI will, subject to availability of required funding, reimburse LPD for overtime payments made to o�cers assigned to and working full time an NTCEHTTF related matters. 3. Requests for reimbursement shall be made on a monthly basis utilizing the United States Depa�tment of the Treasury Invoice Processing Platform (IPP) software system and shall be submitted to the FBI Dallas Field Office immediately after the first of the month which foliows the month for which reimbursement is requested. The reimbursement request shall be approved by the appropriate Supervisor (or their designee) at LPD prior to the invoice submission in IPP. The invoice submitted in IPP will automatically route to the FBI NTCEHTTF personnel for their review, approval, and processing for payment. 4. Overtime reimbursement payments from the FBl will be made via electronic funds transfer (EFT) directly to LPD using the FBI's Unified Financial Management System (UFMS). To facilitate EFT, LPD shall establish an account online in the System fo� Award Management (SAM) at www.SAM.qov. Ve�ification of LPD banking information is required on an annual basis in order to keep payment infomnation current. For additional information rega�ding the UFMS and SAM, contact the FBI Dallas Financial Liaison Specialist. 5. Overtime reimburseme�ts wil{ be calculated at the usual rate for which the individual officePs time would be compensated in the absence of this Agreement. However, said reimbursement, per oNcer, 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 foNowing year, unless changed during the period. The FBI reserves the right to change the reimburseme�t limits, upward or downward, for subsequent periods based on fiscal priorities and appropriations Eimits. The FBI will notify LPD of the applicabEe annual iimits prior to October 1 st of each year. 6. The number of LPD deputies assigned full-time to the NTCEHTTF and entitled to overtime reimbursement by the FBI shall be approved by the F81 in advance of each fiscal year. Based on the needs of the NTCEHTTF, this number may change periodically, upward or downward, as approved in advance by the FBI. 7. Prior to submission of any overtime reimbursement requests, LPD shall prepare an official document setting forth the identity of each o�cer assigned full�time to the NTCEHT'1'F along with the 1 For Official Use Only Thi� di�cumcn� i. thr pr<�Ex:rty ol thc FBI �nJ i, k�;uicd to yuur agcncy. Ncithcr u nur uh cunt�nt, may bc rcica<cd wi�hout authi�rizalian by FBI Hwdyuancrs. Revised OS/24/2022 regular and overtime hourly �ates for each officer. Should any officers change during the fiscal year, a similar statement shall be prepared regarding the new officers prior to submitting any overtime reimbursement requests for the officers. If the rate changes cluring the fiscal year for a previously assigned officer, an updated letter shall be attached with the invoice submission in IPP that reflects the new rate. The upcSated letter shalE be mailed to the Dallas Field Office NTCEHTTF personnel to maintain in FBI records. 8. Each request for reimbursement shall be submitted via !PP to the FB1. The request for reirnbursement shall include an invoice number, invoice date, the name, overtime compensation rate, number of reimbursable hours claimed, and the dates of those hours for each officer for whom reimbursement is sought. An attachment signed and dated by an authorized Agency representative noting the dates and hours for each officer overtime reimbursement claimed sha11 be uploaded in IPP as supporting documentation for the invoice to confirm the information described in this paragraph is accurate, and the personnel for whom reimbursement is claimed were assigned full-time ko the NTCEHTTF. 9. Requests fo� reimbursement shall be submitted monthly and all requests shall 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, 2022, shall be received by the FB! monthly and not later than December 31, 2022. The FB! is not obligated to reimburse any requests received untimely and not in accordance herewith. 10. This Agreement is effective upon signatures of the parties and will remain in effect for the duration oi LPD's participation on the NTCEHTTF, contingent upon approval of necessary funding, and unless te�minated in accordance with the provisions herein. This Agreement may be modified at any time by written consent of the pariies or based on changing business operations and practices of the FBI. It may be terminated at any time upon mutual consent of the pa�ties, or unilaterally upon written notice from the terminating party to the other party at least 30 days prior to the te�mination date. Signatories: B. Chad Yafbrough Special Agent in Charge Federal Bureau of lnvestigation Greg Rus� h�� � Chief of Police Lubbock Pofice Department Date: Financiai �iaison Specialist Federal Bu�eau of Investigation Date: Date: !I- Z7 -z� 2 For Official Use Only This Jocumcnt is thr pro�xrty oFthc FBI anJ i. luan�d tu yuur ugcncy Nruhcr n nor i�s comcnts n+uy tx: rct�a,��f with��ut �uthoniahon by FBI Hcadyuan��r, Revised OS/24/2022