HomeMy WebLinkAboutContract 44638 (2)1
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FEDERAL BUREAU OF INVESTIGATION ���
TARRANT COUNTY SAFE STREETS TASK FORCE
MEMORANDUM OF UNDERSTANDING
PARTIES
This Memorandum of Understanding (MOU) is entered into by and between the Federal
Bureau of Investigation (FBI) and the Fort Worth Police Department (FWPD). Nothing in
this MOU should be construed as limiting or impeding the basic spirit of cooperation
which exists between these agencies.
AUTHORITIES
2. Authority fo.r 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 the Tarrant County Safe
Streets Task Force (TCSSTF) 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
constr�ed, 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
�FF���Ad RECORD
CI'PY SECRETARY
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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.
4. The mission of the SSTF is to identify and target for prosecution criminal enterprise
groups responsible for drug trafficking, money laundering, alien smuggling, crimes of
violence such as murder and aggravated assault, robbery, and violent street gangs, as
well as to intensely focus on the apprehension of dangerous fugitives where there is or
may be a federal investigative interest. The SSTF will enhance the effectiveness of
federal/state/local law enforcement resources through a well-coordinated initiative
seeking the most effective investigative/prosecutive avenues by which to convict and
incarcerate dangerous offenders.
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SUPERVISION AND CONTROL
A. Supervision
5. Overall management of the SSTF shali be the shared responsibility of the participating
agency heads and/or their designees.
6, The Special Agent in Charge (SAC) of the Dallas Division shall designate ane
Supervisory Special Agent (SSTF Supervisor) to supervise the SSTF. The SSTF
Supervisor may designate a Special Agent to serve as the Safe Streets Task Force
Coordinator (Task Force Coordinator). Either ihe SSTF Supervisor or the Task Force
Coordinator shall oversee day-to-day operational and investigative matters pertaining to
the SSTF.
7. Conduct undertaken outside the scope of an individual's SSTF duties and assignments
under this MOU shall not fall within the oversight responsibility of the SSTF Supervisor or
Task Force Coordinator, As stated in paragraph 74, below, neither the United States nor
the FBI shafl be responsible for such conduct.
8. SSTF personnel will be subject to the laws, regulations, policies, and personnel rules
applicable to their respective agencies, FBI employees wili continue to adhere to the
Bureau's ethical standards, including Department of Justice {DOJ}/FBI regulations
relating to autside empfoyment and prepublication review matters, and will remain subject
to the Supplemental Standards of Ethical conduct for empfoyees of the DOJ.
9. SSTF personnel will continue to report to their respective agency heads for non-
invesiigative administrative matters not detailed in this MOU.
10. Continued assignment of personnel to the SSTF will be based on performance and at the
discretion of appropriate managernent. The FBI SAC and SSTF Supervisor will also
retain discretion ta remove any individual from ihe SSTF.
B. Case Assignments
11. The FBI SSTF Supervisor will be responsible for opening, monitoring, directing, and
closing SSTF invesfigations in accordance with existing FBI policy and the applicable
United States Attorney General's Guidelines.
42. Assignments of cases to personnel will be based on, but not limit�d to, experience,
training and pertormance, in addition ta the discretion of the SSTF Supervisor.
13. For FBI administrative purposes, SSTF cases will be entered into the relevant FBI
computer system,
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Neither it nor its contents may be released without authorization by FBI Headquarters.
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14. SSTF personnE! will have equal responsibility for each case assigned. SS7F personnel
will be responsible for complete investigation from predication to resolution.
C. Resaurce Control
15. The head af each participating agency shall determine the resources to be dedicated by
that agency to the SS7F, including personnel, as well as the continued dedication of
those resources. The participating agency head or designee shall be Scept fully apprised
of all investigative developments by his ar her subordinates.
OPERATIONS
A. lnvestigative Exclusivity
16. It is agreed that mafters designated to be handled by the SSTF will not knowingly be
subject to non-SSTF Eaw enforcement efforts by any of the participating agencies. It is
incumbent on each agency to make proper internal notification regarding the SSTF's
existence and areas of concern.
17. It is agreed that there is to be no unilateral action taken on the part af the FBI or any
participating agency relating to SSTF investigations or areas of concern as described in
paragraph 3, All law enforcement actions will be coordinated and cooperatively carried
out.
18. SSTF investigative IEads outside of the geographic areas of responsibility for FBI DalEas
Division will be communicated to other FBI offices for appropriate investigation.
B. Confidential Hurnan Saurces
19. The disclosure of FBI infarmants, or Canfedential Human Sources (CHSs), to non-SSTF
personnel will be fimited to those situations where it is essential to the effective
performance of the SSTF. These disclosures will be consistent with applicable FBI
guidelines.
20. Non-FSI SSTF personnel may not make any further disclosure af the identity of an FB1
CHS, including to other individuals assigned to the SSTF, No documents which identify,
tend to identify, or may indirectly identify an FBI CHS may be released without prior FBI
appraval.
21. 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.
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Neither it nor its conients may be released without authorization by FBI Headquarters.
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22. The United States Aftorney General's Guidelines and FBI policy and procedure for
operating FBI CHSs shall apply #o all �BI ChlSs opened and operated in furtherance of
SSTF investigations. Documentation of, and any payments made to, FBI CE-ISs shail be
in accordance with FBI poticy and procedure.
23. Operation, documentation, and payment of any CHS opened and operated in furtherance
of an SSTF investigation must be in accordance with the United States Attorney
General's Guidelines, regardless of whether the handling agency is an FBI SS7F
participating agency. Documentation of state, county, or local CHSs opened and
operated in furtherance of SSTF investigatians shall be maintained at an agreed upon
locatian.
C. Reports and Records
24. All investigative reporting wili be prepared in compliance with exisfing �BI policy. Subject
to pertinent iegal and/or policy restrictions, copi�s of pertinent documents crEated by
SSTF personnel will be made available for inclusion in the respective investigative
agencies' files as appropriate.
25. SSTF reports prepared in cases assigned to SSTF personnel will be maintained at an
�BI approved location; original documents will be maintained by the FBI.
26. Records and reports generated in SSTF cases which are opened and assigned by the
FBl SSA with designated oversight for investigative and personnel matters will be
maintained in the FBI investigative �le for SSTF.
27. SSTF investigative records maintained af the Dallas Field Office of the FBI will be
available to all SSTF personnel, as well as their supervisory and command staff subject
to pertinent legal, administrative and/or policy restrictions.
28. AII evidence and original #ape recordings (audio and video) acquired by the FBI during
the course of the SSTF investigations will be maintained by the FBI. The FBI's rules and
policies governing the submission, retrieval and chain of cus#ody will be adhered to by
SSTF personnel.
29. All SSTF 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
supervisary personnel of the concerned agencies, subject to SSA approval.
30. Classified information andlor documents containing informatian that identifies or tends ta
identify an FBI CHS shall not be placed in fhe files of participating agencies unless
appropriate FBI policy has been satisfied.
31. 7he Parties acknowledge that this MOU may provide SSTF personnel with access to
informatian about U.S. persons which is protected by the Privacy Act of 1974 and/or
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Executive Order 12333. The Parties expressly agree ihat ail such inforrnation will be
handled lawfully pursuant to the provisions thereof. The Parties further agree that if this
access to information by SSTF personnei requires a change in privacy compliance
documents> those changes will be accomplished prior to access being granted.
INFORMA710N SWARING
32. No infarmation possessed by the FBI, to include information derived from informal
communications between SSTF personnel and FBI employees nat assigned to the SST�,
may be disseminated by SSTF personnel ta non-SSTF personnel without the approval of
the SSTF Supervisar 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 direcfly. �ikewise, SSTF
personnel will not provide any participating agency information to the FBI that is not
otherwise available ta it unless authorized by appropriate participating agency officials.
33. Each Party that discloses Pll is responsibie for making reasonable efforts to ensure that
the infarmation disclosed is accurate, complete, timely, and relevant.
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, fhe recipient will
promptly notify the F�I so that corrective action can be taken. Similarly, if the FBI
becomes aware that informatian it has received pursuant to this MOU is inaccurate, it will
notify the cantributing Party so that corrective action can be taken.
35. Each Party is responsible for ensuring that infarmation it cEiscloses was not knowingly
obtained or maintained in violation of any law or policy applicable to the disclosing Pariy,
and that information is only made availabfe 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 ather Party each instance in which data received
from the other Pariy is used, disclosed, ar accessed in an unauthorized manner
{including any data losses or breaches).
37. The Parties agree tha# either or both may audit the handling and maintenance of data in
electronic and paper recordkeeping systems to ensure tha# appropriate security and
privacy protectians are in place.
PROSECUTIONS
38. SSTF investigative procedures, whenever practicable, are to conform to fhe requirements
which would allow for either federal or state prosecution.
39. A determination will be mad� on a case-by-case basis whether the prosecution of SSTF
cases will be at the state or federal level. This determination will be based on the
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evidence obtained and a consideration of which level of prosecution wouid be of the
greatest bene�t to the overall objectives of the SSTF.
40. In the event that a state or local matte� is developed that is outside the jurisdiction of the
FBI or it is decided to prosecuie a SSTF case at the state or local ievel, the FBI agrees to
provide all relevant information to state and locai authorities in accordance with all
applicable legal limitations.
A. Investigative MethodslEvidence
41. For cases assigned to an FBI Special Agent or in whieh �BI 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 cormparable federal taw, the investigative methods employed by �BI
case agents shalt conform to the requirernents of such stacutory or common law pending a
decision as to venue for prosecution.
42. In all cases assigned to sfate, county, or local law enforcement par�icipants, 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
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 sha(1 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 pracedures of the FBi.
B. Undercaver Operations
44. All SST� undercover operations will be conducted and reviewed in accordance with FBI
guidelines and the Attorney General's Guidelines on Federai Bureau of Investigafion
Undercover Operations. All participafing agencies may be requested to enter into an
additional agreement if an emplayee of the participating agency is assigned duties which
require the officer to act in an undercover capacity.
USE OF LESS-THAN-LE7HAL-DEVICES'
' Pursuant to Section VIII of the DOJ Less-ihan-Lethal Devices Policy dated May
16, 2011, all statellocal officers participating in joint task force opera#ions must be made aware of and
adhere to the policy and its limits on DOJ officers.
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i'his document is the property of the �BI and is loaned to your age�ncy.
Neither it nor its contents may be released without authorization by FBI Headquarters.
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45. The parent agency of each individual assigned to the SSTF wiil 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 SSTF 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 statemenf an the Use of Less-Than-Lethal Devices.
DEADLY FORCE AND SH007lNG INCIDENT POUCI�S
47. SSTF personnel will follow their own agencies' policies concerning firearms discharge
and use of deadly force.
DEPUTATl�NS
48, Local and state law enforcement personnel designated to the SSTF, subject to a limited
background inquiry, rnay be sworn as federally deputized Special Deputy United States
Marshals, with the FBl securing the required deputation authorization. These deputations
should remain in effect throughout the tenure of each investigator's assignment to the
SSTF or untii the termination of the SSTF, whichever comes first.
49. Deputized SSTF 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. fn furtherance of this MOU, employees of LEA may be permitted to drive FBI owned or
leased vehicles for official SSTF business and onfy in accordance with applicable FBI
rules and regulations, including thase outlined in the �BI Government Vehicle Policy
Directive {0430D) and the Government Vehicle Policy Implementation Guide {0430PG).
The assignment of an FBI owned or leased vehicle to �EA SSTF personnel will require
the execution of a separate Vehicte Use Agreement.
51. The participating agencies agree that FBI vehicles wilf not be us�d to transport
passengers unrelated ta SSTF business.
52. The FBI and the Unitad States wil! not be responsible for any tortious aci 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 l.�A SSTF personnel, except where liability may fall
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Neither it nor its contents may be released w�thaut author3zation by FBI Headquarters.
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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 shal! not be responsible for any civi! 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 du#ies and assignments under this MOU.
54. Ta the extent permitted by applicable law, LEA agrees to hold harmless th� �8l and the
United States, for any claim for property damage or personal injury arising from any use
of an FBI owned ar leased vehicle by LEA SSTF personnel which is autside the scope of
their o�cial duties and assignments under this MOU.
SA�ARYIOV�RTIME C4MP�NSATION
55. The FBI and LEA remain responsible for all personnel costs far their SSTF
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 LEA
the cost of avertime worked by non-federal SSTF persannel assigned full-time to SSTF,
provided avertime expenses were incurred as a resuft of SSTF-related duties, and
subject to the provisions and limitations set for#h in a separate Cost Reimbursement
Agreement ta be executed in conjunction with this MOU. A separate Cost
Reimbursement Agreement must be executed between the FBI and LEA for full-tim�
employee(s} assigned to SSTF, 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 EQUlPMENT
57. Property utilized by the SSTF in connection with authorized investigations and/or
operations and in the custody and control and used at the direction of fhe SSTF, will be
maintained in accordance with the palicies and procedures of the agency supplying fhe
equipment. Property damaged or destroyed which was utilized by SSTF in connection
with authorized investigations and/or operations and is in the custody and control and
used at the direction of SSTF, will be th� financial responsibility of the agency suppiying
said property.
FUNDING
58. l"his MOU is not an obligation or commitment of funds, nor a basis far 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 atherwise agreed
in writing, each party shall bear its own costs in relation ta this MOU. Expenditures by
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each party wiil be subject to its budgEtary processes and fo 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.
�ORFEtTURES
59. 7he FBI shall be responsible for processing assets seized for federal forfeiture in
conjunction with SSTF operations.
6a. Asset forFeitures will be conducted in accordance with federal law, and the rules and
regulations set farth by the FBI and QOJ. Forfeitures attributable to SSTF investigations
may be equitably shared with the agencies participating in the SSTF.
DiSPUTE RESOLUTION
61. In cases of overlapping jurisdic#ian, the participating agencies agree to work in cancert to
achieve the SSTF's objeciives.
62. The pa�ticipating agencies agree to attempt to resolve any disputes regarding jurisdiction,
case assignments, workload, etc., at the �eld level first before referring fhe matter to
supervisory personnel for resolution.
MEDIA RELEASES
63. All media releases and statements will be mutually agreed upan 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.
SEL�CTION TO SSTF AND S�CURITY CLEARANCES
65. If an LEA candidate for the SSTF will require a security clearance, he ar she will be
cantacted by FBI securiiy personnel to begin the background investigation process prior
to #he assigned start date.
66. If, for any reason, the FBI determines that an LEA candidate is not qualified or eligible to
serve on the SSTF, ihe 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 brie�ng on FBI field
office security policies and procedures. During the briefing, each candidate will execute
non-disclosure agreemenfs (SF-312 and FD-868), as may be necessary or required by
the FBI.
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68. Before receiving unescorted access fa FBI space identified as an open storage facility,
SSTF personnel wilE be required to obtain and maintain a"Top Secret" security clearance.
SSTF personnel will noi be allowed unescorted access to FBI space unless they have
received a Top Secret security clearance,
69. Upon deparkure from the SSTF, each individual whose assignment to the SSTF is
completed will be given a security debriefing and reminded of the provisions contained in
the nan-disclosure agreement to which he or she previously agreed.
LIABILlTY
70. The participating agencies acknowledge that this MOU does not alfer the applicable law
governing civil liability, if any, arising from the conduct of personnel assigned to the
SSTF.
71. The participating agency shall immediately notify the �BI of any civil, administrative, or
criminal claim, complaint, discovery request, or other request for infarrnation of which the
agency receives notice, concerning or arising from the conduct af personnel assigned to
the SSTF or otherwise relating to the SSTF. The participating agency acknowledges that
financial and civil liability, if any and in accordance with applicable law, for the acts and
omissions of each emplayee detailed to the SSTF remains vested with his or her
employing ag�ncy. In the event that a civil claim or complaint is brought against a state
or local o�cer assigned to the SS7F, 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 civi! claim arising from alleged negligent or
wrongful conduct under common law under the FTCA, 28 U.S.C. § 1346(b), and §§ 2671-
2680: An individual assigned to the SSTF who is named as a defendant in a civil action
as a result of or in connection with the perfarmance of his or her official duties and
assignments pursuant to this M4U may request to be certified by ihe Attorney General or
his designee as having acted within ihe scope of federal employment at the time of the
incident giving rise to the suit. 28 U.S.C. § 2679(d}(2). Upon such certi�cation, the
individual will be considered an "empinyee" 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 individuai
is certified as an employee of the United States for purposes of the FTCA, the Unitad
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 certificatian to any SSTF
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 8ivens v. Six Unknown Named
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Aaents of the Federal Bureau of Narcotics, 403 U.S. 388 (1971 }: An individual assigned
#a the SS7F who is named as a defendant in a civil action as a result of or in connection
wiih fhe performance of his o� her official duties and assignments pursuant to this MOU
may request individual-capacity represeniation by bOJ 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 shauid be provided to Chief Division Counsel (CDC) for #he FBI Dallas
Division, who will then coordinate the request with the FBI Office of the Generai Counsel.
In the event of an adverse judgment against the individual, he or she may request
indemnificafion from DOJ. 28 C.F.R. § 50.15(c)(4). Requests for DOJ representation
and indemnification are determined by D4J on a case-by-case basis. 7he FBI cannat
guarantee the United States will provide legal representation or indemnification to any
SSTF personnel.
74. Liability for any conduct by SSTF personnel undertaken outside of the scope of their
assigned duties and responsibilities under this MOU shall not be the responsibiiity of the
FBI or the United States and shall be the sale responsibility of the respective employee
and/or agency involved.
DURATION
75. The term of this MOU is for the duration of the SSiF's operatians, contingent upon
approval of necessary funding, bu# may be terminated at any time upon written mutual
consent of the agency involved.
76. Any participating agency may wiihdraw from the SSTF at any time by written notification
to the SSA with designated oversight for investigative and personnel matters or program
manager of the SS7F at least 30 days prior to withdrawal.
77. Upon termination of this MOU, all equipment provided to the SSTF 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 wil! refurn to a withdrawing agency any unexpended equipment supplied by the
wi#hdrawing agency during any SSTF participation.
MODIFiCATfONS
78. This agreement may be modified at any time by written consent of all invofved agenciss.
79. Modifications ta 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.
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SfGNATORIES
Special Age in Charg
Federa! Bur u af Inve ti ation
w.
hie of olice
F�rt Worth Police Department
CITY OF FORT WORTH
. d�.z¢. �
Charles W. Daniels 17ate
' tant City Manager
APPROVED AS TO FORM AND LEGALITY:
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Jessi � a Sangs�ing Date
Assistant City Attorney
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Date
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Date
ATTEST: �
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City Secretax i - Date
Authorization:
Contract No.
M&C: '�' t�'
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i'his document is the properfy af the FBI and is loaned to your agency.
Neither it nor its contents may be released without authorizafion by �BI Headquarters.
AFFICIAL RECORD
CI4Y SECRETARY
ET. WORI'H, TX