HomeMy WebLinkAboutBack-Up DocumentsU.S. Department of Justice
United States Marshals Service
Joint Law Enforcement Operations Task Force
Obligation Document
INSTRUCTIONS: See last page for detailed instructions,
SECTION I: OBLIGATION
DOCUMENT CONTROL I JLE0-18-0303
SECTION 2: PARTICIPATING AGENCIES
Notification to slate and oca1 agcnccs of funding provided in support ofloint Law Enforcement Operations, pursuant to the
Memorandum of Understanding (1vIOU) baiween;
lvliami, FL Police Department
and
FLRFTF
All other terms and conditions of the MOU remain the same,
SECTION 3: PERIOD OF PERFORMANCE
October 2, 20i 7 to September 30, 2018
SECTION 4: APPROPRIATION DATA
FISCAL, YEAR ORGANIZATION FUND PROJECT SOC / PURPOSE DOLLAR ANIOUNT
2018 A340I AFF-B-OP ILEOT S8 25302 - TFO Ove mc S100,000,00
Total Obligation Amount:
S100,000.00
SE ON 5: DESCRIPTION OF OBLrGAnON
SECTION 6: CONTACT INFORMATION
IlaTRICT/R FT N TACT°,
Name: Daniel Benson
Phone: 786-433-6524
E-mail: Daniel.Benson@UDOJ.GOV
Name:
Phone:
.STAT
SECTION 7: AUTHORIZATION
USMS Representative - Certifica
Signature:
Chief Deputy or RF
Signature:
Michael II per, Chief DIB Financial 11.1a r
rn der - Ojjg2n,jSp
Rick Jsuj Ghi9 o iesda:tos I3ranch
Reimbursement of avetrinie mark shall be consistent with al( Fair Labor SIOndords 'ter, Annual overtime far each slate or local law enforcement
officer is rapped ot (he equivalent of 25% of a GS-1811-12,, Step I, ofthe general pay Jerde for the RUS, Reimbursement for all types of quaqied
expenses shall be contingent upon availability affunds and the surunisston of a proper requeir for reimbursement which shall be submitted monthly
ar quarterly on a fiscal year basis, and which provides the names oldie Investigators u, ho incurred overtime far the Task Force during the quarter:
the number of overtime hours incurred, the hourly regular and overtime rates in effect for each investigator.
Date:
Date:
Departmental Representative - Acknowledgement:
Signal urt: Date:
[Type Name and Tile]
Page 1 of 2
Form USNI.607
Roy, C8/16
United States Marshals Service
Regional Fugitive Task Force — Memorandum of Understanding
PARTIES AND AUTHORI.TY:
This Memorandum of Understanding (MOU) Is entered into by the
Miami Police Department
and the United States Marshals Service (USMS) pursuant to 28 U.S.C. § 566(e)(1)(B). As set
forth in the Presidential Threat Protection Act of 2000 and directed by the Attorney General, the
USMS has been granted authority to direct and coordinate permanent Regional Fugitive Task
Forces consisting of Federal, state, and local law enforcement authorities for the purpose of
lorfiting and apprehending fi3gitives. The authority of the USMS to investigate fugitive matters
as directed by the Attorney General is set forth in 28 USC § 566. The Director's authority to
direct and supervise all activities of the USMS Is set forth in 28 USC § 561(g) and 28 CFR
0.111. The authority of United States Marshals and Deputy U.S. Marshals, "In executing the laws
of the United States within a State . [toj exercise the same powers which a sheriff of the State
may exexcise in executing the laws thereof' is set forth In 28 USC § 564. Additional authority is
derived from 18 USC § 3053 and Office of Investigative Agency Policies Resolutions 2 & 15.
(See afro) "Memorandum for Howard M. Shapiro, General Counsel, Federal Bureau of
Investigation" concerning the "Authority to Pursue Non -Federal Fugitives", issued by the U.S.
Department ofJustice, Office of Legal Counsel, dated February 21, 1995. (See also)
Memorandum concerning the Authority to Pursue Non -Federal Fugitives, issued by the USMS
Office of General Counsel, dated May, 1, 1995. (See alzo) 42 U.S.C. § 16941(a)(the Attorney
General shall use the resources of federal law enforcement, including the United States Marshals
Senile; to assist jurisdictions In locating and apprehending sex offenders who violate sec
offender registration requirements).
MISSION:
The primary mission of the task force is to investigate and arrest, as part ofjo int law enforcement
operations, persons who have active state and federal warrants for their arrest The Intent of the
joint effort Is to Investigate and apprehend local, state and federal fugitives, thereby improving
public safety and reducing violent crime.
Each participating agency agrees to refer cases for Investigation by the RFTF (Regional Fugitive
Task Force). Cases will be adopted by the RFTF at the discretion of the RFTF Chief Inspector.
Targeted crimes will primarily include violent crimes RT.? ;tuft persons, weapons offenses, felony
drug offenses, failure to register as a sex offender, and crimes committed by subjects who have a
criminal history involving violent crimes, felony drug offenses, and/or weapons offenses. Upon
receipt ofa written request, the RFTF may also assist non -participating law enforcement
agencies in investigating, locating and arresting their fugitives. Task force personnel will be
assigned federal, state, and local fugitive cases for investigation. Investigative teams will consist
of personnel from different agencies whenever possible. Participating agencies retain responsibility
for the cases they refer to the RFTF.
Federal fugitive cases referred to the task force for investigation by any participating agency will
be entered into the National Crime Information Center (NCIC) by the USMS or originating
agency, as appropriate. State or local Bagitive cases will be entered into NCIC (and other
applicable state or local lookout systems) as appropriate by the concerned state or local agency..
Page 1 of 4
itF17 t4101.1 TUN. 10/16
SUPERVISION:
The RFTF will consist of law enforcement and administrative personnel from federal, state, and
local law enforcement agencies. Agency personnel must be approved by the RFTF Chief
Inspector prior to assignment to the RFTF. Agency personnel may be removed at any time at the
discretion of the RFTF Chief Inspector.
Direction and coordination of the RFTF shall be the responsibility of the USMS RFTF Chief
Inspector. Administrative matters which are heernal to the participating agencies remain the
responsibility ofthe respective agencies. Furthermore, each agency retains responsibility for the.
conduct of its personnel
A Task Force Advisory Committee, consisting of representatives of participating agencies and
USMS RFTF personnel, may be established at the discretion ofthe RFTF Chieflnspector and
will meet and confer as necessary to review and address issues concerning operational matters
within the RFTF.
PERSONNEL:
In accordance with Homeland. Security Presidential Directive 12, personnel assigned to the task
force are required to undergo background investigations in order to be provided unescorted'.
access to USMS offices, records, and computer systems. The USMS shall bear the costs
associated with those investigations, Non-USMS law enforcement officers assigned to the task
force will be deputized as Special Deputy U.S. Marshals.
Task force personnel may be required to travel outside of the Jurisdiction to which they are
normally assigned in furtherance of task force operations. State or local task force officers
traveling on official business at the direction ofthe USMS shall be reimbursed directly by the
USMS for their travel expenses in accordance with applicable federal laws, rules, and
regulations.
REIMBURSEMENT:
If the Marshals Service receives Asset Forfeiture Ruining for either 1) overtime incurred
by state and local investigators who provide full time support to USMS RFTF Joint law
enforcement task forces; or 2) travel, training, purchase or lease of police vehicles, fuel,
supplies or equipment for state and local investigators In direct support of state and local
investigators, the USMS shall, pending availability of funds, reimburse your organization for
expenses incurred, depending on which category of funding is provided.
Reimbursement of overtime work shall be consistent with the Fair Labor Standards Act.
Annual overtime for each state or local law enforcement o it cer is capped at the equivalent of
25%o ofa GS-1811-12, Step 1, of the general pay scale for the RUS. Reimbursement for all types
of qualified expenses shall be contingent upon availability of funds and the submission of
a proper request for reimbursement which shall be submitted quarterly on a fiscal year basis, and
which provides the names of the Investigators who incurred overtime for the RFTF during the
quarter; the number of overtime hours incurred, the hourly regular and overtime rates in effect
for each investigator, and the total quarterly cost
Page 2 of 4
RF17MOU Rev.1G/16
The request fur reimbursement must be submitted to the RFTF Chief Inspector, who will review
the request for reimbursement, stamp and sign dedicating that services were received and that the
request for reimbursement is approved for payment. Supporting documentation must accompany
requests for reimbursement for equipment, supplies, training, fuel, and vehicle Teasers.
VEHICLES AND EQUIPMENT:
Notwithstanding the above, pending the availability ofasset forfeiture finding and approval by
the USMS in advance of any purchase, the USMS may acquire vehicles and equipment
purchased in support of full time state and local investigators assigned to the RFTF involved in
joint law enforcement operations. Such vehicle and equipment purchases are to be titled to the
state or local law enforcement agency and must comply with requirements prescribed by the
USMS pursuant to this MOU and applicable policies ofthe United States Department ofJustice.
Vehicles and equipment provided to state and local law enforcement agencies with asset
forfeiture monies provided by the USMS must remain available for exclusive use of the task
force officers assigned to the RFTF by the undersigned participant agency far the duration of the
tasic force. Upon termination of the agreement, usage and disposhion of such vehicles are at the
discretion of the undersigned state or local law enforcement agency.
Pending the availability of fluids and equipment, the USMS will issue USMS radios, telephones,
and other communication devices to each task force officer to be used for official RFTP
business. All equipment used by or assigned to task force officers by the USMS or an agency
will remain the property of the agency issuing the equipment and will be returned to that agency
upon termination of the task force, or upon agency request.
RECORDS AND REPORTS:
Original reports of investigation, evidence, and other investigative materials generated, seized, or
collected by the RFTF shall be retained by the agency in the RFTF responsible for the case.
However, evidence may be turned over to other law enforcement agencies as appropriate. Copies
of investigative reports and other materials may be provided to other agencies In accordance with
applicable laws, rules, and regulations. Task force statistics will be mal:gained in the USMS
Justice Detainee Information System (JDIS) - Warrant Information Network (WIN). Statistics
will be made available to any participating agency upon request.
INFORMANTS:
Pending the availability of fiends, the USMS may provide funding for the payment of informants.
However, all payments of informants utilizing USMS sending shall comply with USMS policy.
USE OF FORCE:
Ali members of the RFTF will comply with their agencies' guidelines concerning the use of
firearms, deadly force, and less -than -lethal devices, to include completing all necessary training
and certification requirements. AU members ofthe RFTF and their parent agencies will read and
adhere to the DOJ Policy Statement on the Use Of Less -Than -Lethal Devices, dated. May 16,
2011. Copies of all applicable firearms, deadly force, and less -than -lethal policies shall be
provided to the RFTF Chief Inspector and each concerned task force officer. In the event of a
shooting involving task force personnel, the incident will be investigated by the appropriate
agency(s).
Page 3 of 4
RFIFMOU Rev. I0/26
NEWS MEDIA
Media inquires will bc referred to the RFTP Chief Inspector. A press release may be issued and
press conference held, upon agreement and through coordination with participant agencies'
representatives. Al! press releases will exclusively make reference to the task force,
RELEASE OF LIABILITY:
Each agency shall be responsible for the acts or emissions of its employees. Participating
agencies or their employees shall not be considered as the agents of any other participating
agency. Nothing herein waives or limits sovereign immunity under federal or state statutory or
constitutional law.
EFFECTIVE DATE AND TERMINATION:
This MOU is in effect once signed by a law enforcement participant agency. Participating
agencies may withdraw their participation after providing 30 days advanced written notice to the
RFTF Chief Inspector.
RFTF: Florida Caribbean Regional Fugitive Task Force
United States Tarsha I orRFTF Cornrnac
Thaddeus Lee
Print Kunz
Participant Agency:
Nat= Miami Police Department
Siotatm
Location (city& swo: Miami, FL
Phone: (305) 603-6640
Participant Agency Representative:
Rolfn T.1Rnoc.. Chi pf
Print Nem& Title
tut&
Assistant Director, Investigative Operations Divisio
Derrick Driscoll
Print Nirra
S4natwe Derrick Driscoll
Assistant Director
Investigative Operations Division
FEB 0 8 2012
Dine
Page 4 of 4
Date
RFrF NOV Rev. 10/16
U.S, Marshals Service
Memorandum of Understanding — Regional Fugitive Ta
CITY OF MIANII, a Florida NIttnicipal Corporation
Date:
Attest:
Todd B. Hannon, City Clerk
Approved as nd Correctness:
Approved as to Insurance Requirements:
By: Date:
Ann -Marie Sharpe, Director of
Risik Manapment
Forcc