FEDERAL BUREAU OF INVESTIGATION (FBI)

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54. To the extent permitted by applicable law, SAPID agrees 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 SAPID OCAOCTF personnel which is outside the scope of their official duties and assignments under this MOU. SALARY/OVERTIME COMPENSATION 55. The FBI and SAPID remain responsible for all personnel costs for their OCAOCTF representatives, including salaries, overtime payments and fringe benefits consistent with their respective agency, except as described in paragraph 56 below. 56. Subject to funding availability and legislative authorization, the FBI will reimburse to SAPID the cost of overtime worked by non-federal OCAOCTF personnel assigned full- time to OCAOCTF, provided overtime expenses were incurred as a result of OCAOCTF- 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 SAPID for full- time employee(s) assigned to OCAOCTF, consistent with regulations and policy, prior to any reimbursement by the FBI. Otherwise, overtime shall be compensated in accordance with applicable SAPID overtime provisions and shall be subject to the prior approval of appropriate personnel. PROPERTY AND EQUIPMENT 57. Property utilized by the OCAOCTF in connection with authorized investigations and/or operations and in the custody and control and used at the direction of the OCAOCTF, will be maintained in accordance with the policies and procedures of the agency supplying the equipment. Property damaged or destroyed which was utilized by OCAOCTF in connection with authorized investigations and/or operations and is in the custody and control and used at the direction of OCAOCTF, will be the financial responsibility of the agency supplying said property. FUNDING 58. 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, the FBI and OCAOCTF shall bear its own costs in relation to this MOU. Expenditures by the FBI and OCAOCTF 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. FORFEITURES 59. The FBI shall be responsible for processing assets seized for federal forfeiture in conjunction with OCAOCTF operations.