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HomeMy WebLinkAboutContract 49865 MEMORANDUM OF UNDERSTANDING—FOR OFFICIAL USE ONLY CITY SECRETARY CONTRACT NO. 8 AVE[tY m i FEDERAL BUREAU OF INVESTIGATION FINANCIAL CRIMES TASK FORCE DALLAS, TEXAS FEDERAL BUREAU OF INVESTIGATION CITY OF FORT WORTH ON BEHALF OF THE FORT WORTH POLICE DEPARTMENT 5678 , 4Q F C N F4 8L 99 v Official Law Enforcement Use Only Financial Crimes Task Force Memorandum of Understanding(2017) This document is the property of the FBI and is loaned to your agency. Neither it nor its cgntents may be re ease without authorization by FBI Headquarters. I OFFICIAL RECORD Page 1 of 15 CITY SECRETARY FT.FORTH,TX MEMORANDUM OF UNDERSTANDING—FOR OFFICIAL USE ONLY MEMORANDUM OF UNDERSTANDING TABLE OF CONTENTS Page IPARTIES ................................................................................. 4 II AUTHORITIES........................................................................... 4 IIIPURPOSE................................................................................. 4 IV. MISSION................................................................................... 4 V. SUPERVISION AND CONTROL..................................................... 4 A. Supervision B. Case Assignments C. Resource Control VI. OPERATIONS...... ..................................................................... 6 A. Investigative Exclusivity B. Confidential Human Sources C. Reports and Records VII. INFORMATION SHARING............................................................. 7 VIII. PROSECUTIONS........................................................................ 8 A. Investigative Methods/Evidence B. Undercover Operations IX. USE OF LESS-THAN-LETHAL-DEVICES........................................ 9 X. DEADLY FORCE AND SHOOTING INCIDENT POLICIES................... 9 XI. DEPUTATIONS .......................................................................... 10 XII. VEHICLES.......... ....................................................................... 10 XIII. SALARY/OVERTIME COMPENSATION .......................................... 10 XIV. PROPERTY AND EQUIPMENT.................................................... 11 XV. FUNDING.................................................................................. 11 XVI. FORFEITURES.......................................................................... 11 Official Law Enforcement Use Only Financial Crimes Task Force Memorandum of Understanding(2017) This document is the property of the FBI and is loaned to your agency. Neither it nor its contents maybe released without authorization by FBI Headquarters. Page 2 of 15 MEMORANDUM OF UNDERSTANDING—FOR OFFICIAL USE ONLY XVII. DISPUTE RESOLUTION.............................................................. 11 XVIII. MEDIA RELEASES..................................................................... 12 XIX. SELECTION TO FCTF AND SECURITY CLEARANCES.................... 12 XX. LIABILITY.................................................................................. 12 XXI. DURATION................................................................................ 13 XXII. MODIFICATIONS........................................................................ 14 XXIII. SIGNATORIES........................................................................... 14 Official Law Enforcement Use Only Financial Crimes Task Force Memorandum of Understanding(2017) 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. Page 3 of 15 MEMORANDUM OF UNDERSTANDING—FOR OFFICIAL USE ONLY FEDERAL BUREAU OF INVESTIGATION FINANCIAL CRIMES TASK FORCE (FCTF) MEMORANDUM OF UNDERSTANDING (MOU) PARTIES 1. This Memorandum of Understanding (MOU) is entered into by and between the Federal Bureau of Investigation (FBI) and the City of Fort Worth on behalf of the Fort Worth Police Department (hereafter Law Enforcement Agency, or LEA). 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 FBI Dallas Financial Crimes Task Force (FCTF) participants, maximize inter-agency cooperation, and formalize relationships between participating agencies for policy guidance, planning, training, and public and media relations. 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 FCTF is to build a specialized group of investigators responsible for the identification, investigation, prosecution, and forfeiture of all assets involved in the task force's investigations. The FCTF will seek to identify and develop new cases in the areas of corporate, securities, and commodities fraud; money laundering; bank fraud; mail and wire fraud; and other financial crimes with significant losses, local subjects, and forfeitable assets. The FCTF will identify and recruit confidential human sources (CHS) and review relevant intelligence data. This intelligence data will identify specific threat actors and organizations as well as emerging threats in the AOR. SUPERVISION AND CONTROL A. Supervision 5. Overall management of the FCTF shall be the responsibility of the participating agency heads and/or their designees. Official Law Enforcement Use Only Financial Crimes Task Force Memorandum of Understanding(2017) 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. Page 4 of 15 FOR OFFICIAL USE ONLY 6. The Special Agent in Charge (SAC) of the Dallas Field Office shall designate one Supervisory Special Agent (SSA) to supervise the FCTF. The SSA may designate a Special Agent to serve as the FCTF Coordinator. The FCTF Coordinator shall oversee day-to-day operational and investigative matters pertaining to the FCTF. 7. Conduct undertaken outside the scope of an individual's FCTF duties and assignments under this MOU shall not fall within the oversight responsibility of the FCTF Supervisor or Task Force Coordinator. As stated in Liability section on pages 12 and 13 below, neither the United States nor the FBI shall be responsible for such conduct. On a case-by-case basis, SSAs may authorize FCTF members to temporarily support priority FBI matters as necessary. 8. FCTF 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 FCTF. The FBI and the participating agency may provide for overtime reimbursement by the FBI by separate written agreement. 9. 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 DOJ. 10. All FCTF 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) 11. FCTF personnel will continue to report to their respective agency heads for non- investigative administrative matters not detailed in this MOU. 12. Continued assignment of personnel to the FCTF will be based on performance and at the discretion of appropriate management. The FBI SAC and FCTF Supervisor will also retain discretion to remove any individual from the FCTF. B. Case Assignments 13. The FBI FCTF Supervisor will be responsible for opening, monitoring, directing, and closing FCTF investigations in accordance with existing FBI policy and the applicable United States Attorney General's Guidelines. 14. Assignments of cases to personnel will be based on, but not limited to, experience, training, and performance, in addition to the discretion of the FCTF Supervisor. 15. For FBI administrative purposes, FCTF cases will be entered into the relevant FBI computer system. 16. FCTF personnel will have equal responsibility for each case assigned. FCTF personnel will be responsible for complete investigation from predication to resolution. Official Law Enforcement Use Only Financial Crimes Task Force Memorandum of Understanding(2017) 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. Page 5 of 15 FOR OFFICIAL USE ONLY C. Resource Control 17. The head of each participating agency shall determine the resources to be dedicated by that agency to the FCTF, 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 18. It is agreed that matters designated to be handled by the FCTF will not knowingly be subject to non-FCTF law enforcement efforts by any of the participating agencies. It is incumbent on each agency to make proper internal notification regarding the FCTF's existence and areas of concern. 19. It is agreed that there is to be no unilateral action taken on the part of the FBI or any participating agency relating to FCTF investigations or areas of concern as described in paragraph 3. All law enforcement actions will be coordinated and cooperatively carried out. 20. FCTF investigative leads outside of the geographic areas of responsibility for the FBI Dallas Division will be communicated to other FBI offices for appropriate investigation. A. Confidential Human Sources 21. The disclosure of FBI informants, or Confidential Human Sources (CHSs), to non-FCTF personnel will be limited to those situations where it is essential to the effective performance of the FCTF. These disclosures will be consistent with applicable FBI guidelines. 22. Non-FBI FCTF personnel may not make any further disclosure of the identity of an FBI CHS, including to other individuals assigned to the FCTF. No documents which identify, tend to identify, or may indirectly identify an FBI CHS may be released to the public without prior FBI approval, unless required by law. The City will notify the FBI of any requests for this information received under the Texas Public Information Act. 23. 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. 24. 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 FCTF investigations. Documentation of, and any payments made to, FBI CHSs shall be in accordance with FBI policy and procedure. 25. Operation, documentation, and payment of any CHS opened and operated in furtherance of an FCTF investigation must be in accordance with the United States Attorney Official Law Enforcement Use Only Financial Crimes Task Force Memorandum of Understanding(2017) 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. Page 6 of 15 FOR OFFICIAL USE ONLY General's Guidelines, regardless of whether the handling agency is an FBI FCTF participating agency. Documentation of state, county, or local CHSs opened and operated in furtherance of FCTF investigations shall be maintained at an agreed upon location. B. Reports and Records 26. 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 FCTF personnel will be made available for inclusion in the respective investigative agencies' files as appropriate. 27. FCTF reports prepared in cases assigned to FCTF personnel will be maintained at an FBI approved location; original documents will be maintained by the FBI. 28. Records and reports generated in FCTF cases which are opened and assigned by the FCTF Supervisor with designated oversight for investigative and personnel matters will be maintained in the FBI investigative file for the FCTF. 29. All evidence and original tape recordings (audio and video) acquired by the FBI during the course of the FCTF 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 FCTF personnel. 30. 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. 31. The Parties acknowledge that this MOU may provide FCTF 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 FCTF personnel requires a change in privacy compliance documents, those changes will be accomplished prior to access being granted. INFORMATION SHARING 32. No information possessed by the FBI, to include information derived from informal communications between FCTF personnel and FBI employees not assigned to the FCTF, may be disseminated by FCTF personnel to non-FCTF personnel without the approval of the FCTF 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, FCTF 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. 33. Each Party that discloses PH is responsible for making reasonable efforts to ensure that the information disclosed is accurate, complete, timely, and relevant. Official Law Enforcement Use Only Financial Crimes Task Force Memorandum of Understanding(2017) 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. Page 7 of 15 FOR OFFICIAL USE ONLY 34. 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. 35. 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. 36. 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). 37. 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 38. FCTF investigative procedures, whenever practicable, are to conform to the requirements which would allow for either federal or state prosecution. 39. A determination will be made on a case-by-case basis whether the prosecution of FCTF 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 FCTF. 40. 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 FCTF 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 41. 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. 42. 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 Official Law Enforcement Use Only Financial Crimes Task Force Memorandum of Understanding(2017) 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. Page 8 of 15 FOR OFFICIAL USE ONLY 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. 43. 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 44. All FCTF 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'- 45. The parent agency of each individual assigned to the FCTF 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. 46. The parent agency of each individual assigned to the FCTF 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 47. FCTF personnel will follow their own agencies' policies concerning firearms discharge and use of deadly force. ' 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. 2 Less-Than-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 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-Lethal Devices. "Less-lethal"is the industry standard and the terminology the FBI has elected to utilize in reference to this policy. Official Law Enforcement Use Only Financial Crimes Task Force Memorandum of Understanding(2017) 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. Page 9 of 15 FOR OFFICIAL USE ONLY DEPUTATIONS 48. Local and state law enforcement personnel designated to the FCTF, subject to a limited background inquiry, shall be sworn in as federal task force officers by acquiring Title 18 authority (via the 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 FCTF or until termination of the FCTF, whichever comes first. 49. Deputized FCTF 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 50. In furtherance of this MOU, employees of LEA may be permitted to drive FBI owned or leased vehicles for official FCTF 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 LEA FCTF personnel will require the execution of a separate Vehicle Use Agreement. Further, no LEA or FCTF personnel will operate an FBI owned or leased vehicle unless they are fully Federally Deputized. 51. The participating agencies agree that FBI vehicles will not be used to transport passengers unrelated to FCTF business. 52. The FBI and the United States will not be responsible for any tortious act or omission on the part of LEA and/or its employees or for any liability resulting from the use of an FBI owned or leased vehicle utilized by LEA FCTF personnel, except where liability may fall under the provisions of the Federal Tort Claims Act (FTCA), as discussed in the Liability Section herein below. 53. 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 LEA task force personnel while engaged in any conduct other than their official duties and assignments under this MOU. 54. To the extent permitted by applicable law, LEA 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 LEA FCTF personnel which is outside the scope of their official duties and assignments under this MOU. SALARY/OVERTIME COMPENSATION 55. The FBI and LEA remain responsible for all personnel costs for their FCTF representatives, including salaries, overtime payments and fringe benefits consistent with their respective agency, except as described below. Official Law Enforcement Use Only Financial Crimes Task Force Memorandum of Understanding(2017) 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. Page 10 of 15 FOR OFFICIAL USE ONLY 56. Subject to funding availability and legislative authorization, the FBI will reimburse to LEA the cost of overtime worked by non-federal FCTF personnel assigned full-time to FCTF, provided overtime expenses were incurred as a result of FCTF-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 LEA for full-time employee(s) assigned to FCTF, consistent with regulations and policy, prior to any reimbursement by the FBI. Otherwise, overtime shall be compensated in accordance with applicable LEA overtime provisions and shall be subject to the prior approval of appropriate personnel. PROPERTY AND EQUIPMENT 57. Property utilized by the FCTF in connection with authorized investigations and/or operations and in the custody and control and used at the direction of the FCTF, will be maintained in accordance with the policies and procedures of the agency supplying the equipment. Property damaged or destroyed which was utilized by FCTF in connection with authorized investigations and/or operations and is in the custody and control and used at the direction of FCTF, 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, 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 59. The FBI shall be responsible for processing assets seized for federal forfeiture in conjunction with FCTF operations. 60. 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 FCTF investigations may be equitably shared with the agencies participating in the FCTF. DISPUTE RESOLUTION 61. In cases of overlapping jurisdiction, the participating agencies agree to work in concert to achieve the FCTF's objectives. Official Law Enforcement Use Only Financial Crimes Task Force Memorandum of Understanding(2017) 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. Page 11 of 15 FOR OFFICIAL USE ONLY 62. 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 63. All media releases and statements will be mutually agreed upon and jointly handled according to FBI and participating agency guidelines. 64. Press releases will conform to DOJ Guidelines regarding press releases. No release will be issued without FBI final approval. SELECTION TO FCTF AND SECURITY CLEARANCES 65. If an LEA candidate for the FCTF 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. 66. If, for any reason, the FBI determines that an LEA candidate is not qualified or eligible to serve on the FCTF, the participating agency will be so advised and a request will be made for another candidate. 67. 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. 68. Before receiving unescorted access to FBI space identified as an open storage facility, FCTF personnel will be required to obtain and maintain a "Top Secret' security clearance. FCTF personnel will not be allowed unescorted access to FBI space unless they have received a Top Secret security clearance. 69. Upon departure from the FCTF, each individual whose assignment to the FCTF 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. LIABILITY 70. 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 FCTF. By entering into this MOU, the City of Fort Worth does not waive any of its immunities or defenses, either in statute or the common law. 71. 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 FCTF or otherwise relating to the FCTF. The participating agency acknowledges that financial and civil liability, if any and in accordance with applicable law, for the acts and Official Law Enforcement Use Only Financial Crimes Task Force Memorandum of Understanding(2017) 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. Page 12 of 15 FOR OFFICIAL USE ONLY omissions of each employee detailed to the FCTF 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 FCTF, the officer may request legal representation and/or defense by DOJ, under the circumstances and pursuant to the statutes and regulations identified below. 72. For the limited purpose of defending against a civil claim arising from alleged negligent or wrongful conduct under common law or the FTCA, 28 U.S.C. § 1346(b), and §§ 2671- 2680: An individual assigned to the FCTF 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 FCTF personnel. 73. 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 FCTF 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 Dallas Field Office, 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 FCTF personnel. 74. Liability, if any and in accordance with applicable law, for any conduct by FCTF 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 or agency involved, as applicable. DURATION 75. The term of this MOU is for the duration of the FCTF's operations, contingent upon approval of necessary funding, but may be terminated at any time upon written mutual consent of the agency involved. Official Law Enforcement Use Only Financial Crimes Task Force Memorandum of Understanding(2017) 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. Page 13 of 15 FOR OFFICIAL USE ONLY 76. Any participating agency may withdraw from the FCTF at any time by written notification to the SSA with designated oversight for investigative and personnel matters or program manager of the FCTF at least 30 days prior to withdrawal. 77. Upon termination of this MOU, all equipment provided to the FCTF 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 FCTF participation. MODIFICATIONS 78. This agreement may be modified at any time by written consent of all involved agencies. 79. 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 /o3Zo � Eric Jackson j Date Special Agent in Charge Federal Bureau of Investigation FOR THE CITY OF FORT WORTH kki;1 4�'- Va erie R. Washington Date Assistant City Manager FGRT�L City of Fort Worth ®; by: �— Wald P. Gonzales,Asstetity Sr' Official Law Enforcement Use Only Financial Crimes Task Force Memorandum of Understanding(2017) 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. Page 14 of 15 FOR OFFICIAL USE ONLY APPROVAL RECOMMENDED: Joel F. Fitzgerald Date Chief of Police Fort Worth Police Department ATTEST I 4- . Mar Kayser City Secretary APPROVED AS TO FORM AND LEGALITY: Ann ate nn City Attorney Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. Name: Cnir z- Title: Official Law Enforcement Use Only Financial Crimes Task Force Memorandum of Understanding(2017) 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. Page 15 of 15 COST REIMBURSEMENT AGREEMENT BETWEEN THE FEDERAL BUREAU OF INVESTIGATION (FBI) AND CITY OF FORT WORTH ON BEHALF OF THE FORT WORTH POLICE DEPARTMENT (AGENCY) TASK FORCE FILE # Pursuant to Congressional appropriations, the FBI receives authority to pay overtime for police officers assigned to the formalized Financial Crimes Task Force 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 Agency located at 505 W. Felix, Fort Worth, TX 76115, Taxpayer Identification Number: , Phone Number: 817-392-4200 that: 1) Commencing upon execution of this agreement, the FBI will, subject to availability of the required funding, reimburse the Agency for overtime payments made to the officers assigned full-time to the task force for activities to aide in the detection, investigation, and prosecution of crimes against the United States. 2) Requests for reimbursement will be made on a monthly basis and should be forwarded to the FBI 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 the Supervisor of the Agency to the FBI Task Force Squad Supervisor and Special Agent in Charge for their review, approval, and processing for payment. 3) Overtime reimbursements will be made directly to the Agency by the FBI . All overtime reimbursement payments are made by electronic fund transfer (EFT) . An ACH Vendor/Miscellaneous Payment Enrollment Form must be on file with the FBI to facilitate EFT. 4) 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 lst 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 the agency of the applicable annual limits prior to October lst of each year. 5) The number of Agency officers assigned full-time to the task force 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 task force, this number may change periodically, upward or downward, as approved in advance by the FBI . FBI and CFW- Financial Crimes Task Force Page 1 of 3 6) Prior to submission of any overtime reimbursement requests, the Agency must prepare an official document setting forth the identity of each officer assigned full-time to the task force, 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 field office for FBI review and approval. 7) Each request for reimbursement will include the name, rank, ID 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, signed by an appropriate Supervisor of the Agency, 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 task force. 8) Each request for reimbursement will include an invoice number, invoice date, taxpayer identification number (TIN) , and the correct banking information to complete the electronic fund transfer. The necessary banking information is the Depositor Account Title, Bank Account Number, Routing Number, and Type of Account (either checking, savings, or lockbox) . If the banking information changes, a new ACH Vendor/Miscellaneous Payment Enrollment Form must be submitted to the FBI . 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 signature of the parties and will remain in effect for the duration of the agency' s participation in the task force, 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. If any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. 11) By entering into this Funding Agreement, Agency does not waive or surrender any of its governmental powers or immunities. FOR THE CITY OF FORT WORTH FOR THE FBI: 131 20 Valerie Washington Date Eric Jackso Date Assistant City Manager Special Agewt in Charge City of Fort Worth Dallas Field Office FBI and CFW- Financial Crimes Task Force Page 2 of 3 APPROVAL RECOMMENDED: /7-L ��Y' j Joel F.--Fitzgerald Date Chief of Police Fort Worth Police Department ATTE n Parj Kayser, City S cr tary M&C: 1295: Not Required APPROVED AS TO FORM AND LEGALITY: J Ll ssistant City Attorney Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. 71 Name to Aff� Title FBI and CFW- Financial Crimes Task Force Page 3 of 3