FEDERAL BUREAU OF INVESTIGATION (FBI) (6)

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FOR OFFICIAL USE ONLY 9 SALARY/OVERTIME COMPENSATION 60. The FBI and each participating agency remain responsible for all personnel costs for their OC STOP TF representatives, including salaries, overtime payments, and fringe benefits consistent with their respective agency, except as described in paragraph 61 below. 61. Subject to funding availability and legislative authorization, the FBI will reimburse to participating agencies the cost of overtime worked by non-federal OC STOP TF personnel assigned full-time to OC STOP TF, provided overtime expenses were incurred as a result of OC STOP TF-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 OC STOP TF, 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 62. Property utilized by the OC STOP TF in connection with authorized investigations and/or operations and in the custody and control and used at the direction of the OC STOP TF, will be maintained in accordance with the policies and procedures of the agency supplying the equipment. Property damaged or destroyed which was utilized by OC STOP TF in connection with authorized investigations and/or operations and is in the custody and control and used at the direction of OC STOP TF, will be the financial responsibility of the agency supplying said property. FUNDING 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 will appropriate funds for such expenditures. FORFEITURES 64. The FBI shall be responsible for processing assets seized for federal forfeiture in conjunction with OC STOP TF operations. 65. 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 OC STOP TF investigations may be equitably shared with the agencies participating in the OC STOP TF. FOR OFFICIAL USE ONLY