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HomeMy WebLinkAbout064586 - General - Contract - FBI Longhorn Violent Crime Task Force (LVCTF)CSC No. 64586 FOR OFFlCIAL USE ONLY 1 FEDERAL BUREAU OF INVESTIGAT{ON LONGHORN VIOLENT CRIME TASK �ORCE MEMORANDUM OF UNDERSTANDING PARTIES 1. This Memorandum af Understanding (MOU) is entered into by and between the Federal Bureau of investigation �FBf) and the City of Fort Worth, on behalf af the Fort Worth Police DeparEment (participating agency) (coilectively: the Parties). Nothing in this MOU should be construed as limiting or impeding the basic spirit of cooperation which exists between these agencies. AUTHORIT���S 2. Authorify for the FBI to enter into tFiis agreement can be found at Title 28, United States Code (U.S.C.), Section (§) 533; 34 U.S.C. § 10211; Titie 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 responsibiliiies of the longharn Violent Crime Task Farce (LVCTF) personnel; formalize refafionships between participating agencies for policy guidance, p(anning, training, public and media relations; and maximize inter-ageney cooperation. This MOU is not in#ended, and should not be construed, to create any right or benefit, substantive or proceduraf, enforceable at law or othervvise by any third party against the parties, the United States, or the o�cers, employees, agents, or other associated personnel thereof. Na assignment of rights, duties, or obligations of this MOU shall be made by any party without the express written approval of a duly auf.�orized representative of all oiher parties. MISSION 4. The mission of the LVCTF is to identify and target for prosecution individuals and criminal enterprise groups responsible for violations of state and/or federal law, such as viofent crimes occurring in a public place, mass kitfings, carjacking, cflbbery, kidnapping and firearms violations, as welt as pursue dangerous fugifives where there is or may be a federal investigative interest. 7he LVCTF will enhance ihe effectiveness of federal/state/local law enforcemenfi resources through wel!-coordinated investigations seeking the most effective investigative/prosecutive avenues by which to convict and incarcerate dangerous offenders. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX FOR OFEICIAL USE ONLY This document is fhe properiy of the FBI and is loaned to your agency. Neither it nor its contents may be released withoutaukhorization by FBI HeacJquarters. FOR OFFIGIAL USE ONLY 2 SUPERYISION AND CONTROL A. Supervision 5. Overall management of the LVCTF sha(( be the shared responsibility of the participating agency heads and/or their designees. 6. The Special Agent in Charge (SAC) of the FBI Daltas Field Office shail designate one Supervisory Special Agent (LVCTF Supervisor) to supervise tFie LVCTF. The LVCTF Supervisor may designate a Special Agent to serve as the Violent Crime Task Force Coordinator (Task Force Goordinator). Either the LVCTF Supervisor or the Task Force Coordinator shali ovecsee day-to-day operaiional and investigative matters perfaining to the LVCTF. 7. Conduct undertaken outside the scope of an individuaPs LVCTF duties and assignments under this MOU shall not fal( within fhe oversight respansibili�iy of the LVCTF Supervisor or Task Force Coordinator, 8. LVCTF personnel will report to his or her respective agency for personnel and administ�ative matters. Each participating agency shatl be responsib(e for the pay, overtime, leave, pertormance appraisals, and other personnel matters re[aiing to its emplayees detailed to the LVCTF. The FBI and the participating agency may provide for overtime reimbursement by ihe FBI by separate written agreement. 9. All FBI personnel will adhere to the FBI's efhical standards, including Departmenfi of Justice (DOJ)/FBI regufafions relating to� outside emp[oyment and prepublication review matters, and will remain subject to the Supplemental Standards of Ethical conduct for emplayees of the DOJ. 10. All LVCTF personnel, which includes Tas[s Force Officers, Task Force Members, and Task Force Participants must adhere to the applicable U.S. Aftorney Generat's Guidelines and Domestic lnvestigations and Operations Guide (DIOGj. 11. LVCTF personnel will eontinue to report to their respective agency heads for non- investigative administrative matiers not detailed in this MOU. 12. Continued assignmerrt of personnel to the LVCTF will be based on pertormance and at the discretion of appropriate management. The FBI SAC and LVCTF Supervisor will also retain discretion to remove any individual frorrt fhe LVCTF. FOR OFFICIAL USE ONLY This document is the property of the FBI and is loaned to your agency. Neither it nor its contents may be released without au#horization by FBI Headquarters. FOR OFFIC(AL USE ONLY 3 B. Case Assignments 13. The FBI LVCTF Supervisor wiii be responsible far apening, monitoring, directing, ancf closing LVCTF investigations in aceordance with existing FBI policy and the applicable United States Attorney General's Guidelines. 14. Assignments of cases to personnel wiii be based on, but not limited to, experience, training and pertormance, in addition to the discretion of the LVCTF Supervisor. 15. For FBI administrative purposes, LVCTF eases wil! be entered into the re(evant FBI computer system. 16. LVGTF personnel wil( have equal responsibiE"ity for each case assigned. LVCTF personnel wiil be responsible for cornptete investigafion from predication to resolution. C. Resource Gon#rol 17. The head of each participating agency shall determine the resaurces to be dedicated by that agency to the LVCTF, incfuding personnel, as well as the continued dedication ofi those resources. The participating agency head or designee shall be kept fully apprised of atl investigative devetapments by his or her subordinates. OPERATIONS A. Investigative Exclusivity 18. I# is agreed that matters designated to be handled by the LVCTF will not knowingty be subject to non-LVCTF [aw enforcement efforts by any of the participating agencies. It is incumbent on each agency to make proper intemal notification regardi�g the LVCTF's existence and areas of concern. 19. It is agreed that there is to be no unilateral action #aken on the part of the FBI or any participating agency relating to L.VCTF investigations or areas of concem as described in paragraph 4. All law enforcement actions will be coordinated and cooperatively carried out. 20. LVCTF investigative leads outside of the geographic areas of respansibility for FBI Daltas Division will be communicated to other FBI offices for appropriate investigafion. B. Confidentiat Human Sources FOR OFFIGIAL USE ONLY This document is the property of the FBI and is loaned to yourage�ncy. Neither it nor its contents may be released without authorization by FBI Heaclquarters. FOR OFFICIAL USE ONLY 4 21. The disclosure of FBI informants, or Confidential Human Sources (CHSs), to non-LVCTF personnei will be limited to thase situations where it is essenfiai to the effective performance of the LVCTF and only with prior FBI approval. These disclosures will be consistent with applicabie FBI guidelines and policy. 22. Non-FBl LVCTF personnei may nofi make any further disclosure of the ideniity of an FBI CHS, including to other individuals assigned to the LVCTF. No documents or information which identify, tend ta identify, or may indirectly idenf"dy an FBt CHS may be released withoui prior FBl approvaf. 23. In those instances where a participating agency provides a CHS, the FBI may, at the discretion of the SAC, become solely respansible forthe CHS's continued development, operation, and compliance with necessary administrative procedures regarciing operation and payment as set forth by the FBI. 24. The United States Attomey General's Guidelines and FBI policy and procedure for operating FBI CHSs shal! apply to all FBI CHSs opened and operated in furtherance of LVCTF investigations. Documentation of, and any paymenfs made to, FBI CHSs shall be in accordance with FBI policy and procedure. 25. �peration, documentation, and payment of any CHS opened and operated in fnrtherance of an LVCTF investigation must be in accordance with the United States Attorney General's Guidelines, regardtess of whether the handling agency is an FBI LVCTF participating agency. Documentation of state, county, or local CHSs opened and aperated in furtherance of LVCTF investigations shall be maintained at an agreed upon location. C. Reports and Records 26. All investigative reporting will be prepared in compliance with existing FBI policy. Subject to pertinent tegal and/or policy restrictions, capies of pertinent documents created by LVCTF personnel wil[ be made available for inclusion in the respective investigative. agencies' fites as appropriate. 27. LVCTF reports prepared in cases assigned to LVCTF personnel will be maintained at an FBI approved location; original documents will be maintained by the FBI. 28. Records and reports generated in LVCTF cases which are opened and assigned by the FB( SSA with designated oversight for investigative and personnel matters will be maintained in the FBf investigative file for LVCTF. 29. LVCTF investigative records maintained at the Dallas Field Office of the F81 wil! be availabte #o atl LVCTF personnel, as well as their supervisory and command staff subjeci to pertinent legal, administrative and/or policy restrictions. FOR OFFICIAL USE ONLY This document is the property of the F81 and is loaned to your agency. Neither it nor its contents may be released without authorization by FBI Headquarters. FOR OFFICIAL USE ONLY 5 30. All evidence and originai tape recordings (audio and video) acquired by the FBI during the course of the LVCTF investigations wili be maintained by the FBI. The FBI's rules and po[icies governing the submission, retrieval and chain of custody will be adhered to by LVCTF personnel. 31. All LVCTF investigative records wili be maintained at an approved FBI location. Placement of ali or part of said information into participating agency files rests with the discretion of supervisory personnel of the concemed agencies, subject to SSA approval. 32. Classified information and/or documents containing information that idenf�'ies or tends to identify an FBI CHS shall not be placed in the fites of pa�ticipating agencies unless appropriate F81 policy has been satisfied and only with prior FBI approval. INFORMATION SHARING 33. Records or reports created or obtained by the LVCTF are the property of the FBI and discfosure of such records, if it occurs, shall be pursuant to applicable federal law, with the approval of FBI. If such records are shared outside of the LVCTF with state ancf/or locat taw enforcement agencies, such records are merely loaned to the non-Federal agency and are subject to retrieval by the FBI at its discretion. in the svent ihat the Fort Worth Police Department receives a request pucsuant fo s publie records Texas' statute, Texas Govemment Cade, Chapter 552, the civil or criminal discovery process, or other judicial, legislative, or administrative pr�ess, to disclose LVCTF records, the Fort Worth Police Department wili immediately notify the FBI of any such requesi in order to allow sufFcieni time for the FBI to seek to prevent disclosure through appropriate channels, if necessary. 34. No information possessed by the FBI, to include information derived from informal communications befinreen LVCTF personnet and FBi emp(oyees not assigned to the LVCTF, may be disseminated by LVCTF persannel to non-LVCTF personnel without the approval of the LVCTF Supervisor and in accordance wi#h the applicable laws and internat regulations, procedures or agreements befween the FBI and the participating agencies ihat would permit the participating agencies to receive that inforrnation directly. Likewise, LVCi'F personnel will not provide any participating agency information to the FBI that is not otherwise availabie to it unless authorized by appropriate participating agency o�cials. 35. The Parties acknowledge that thfs MOU may pravide LVCTF personnel with access #o information about U.S. persons which is protected by the Privacy Act of 1974 and/or Executive Order 12333. The Parties expressly agree that ali such information will be handled lawfully pursuant to the provisions thereof. The Parties further agree that if ihis access to information by LVCTF personnel requires a change in pr�vacy compliance documents, those changes will be accomplished prior to access being granted. FOR OFFICIAL USE QNLY 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. FOR OFFICIAL USE ONLY 6 36. Each Party that discioses PII is responsible for making reasanable efforts to ensure that the information disclosed is accurate, complete, time[y, and relevant. 37. 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 wil! promptly notify the FBI so that corrective acfion can be taken. Similariy, if the FBl becomes aware that information it has received pursuant to this MOU is inaccurate, it will notify the confri6uting Party so that corrective action can be iaken. 38. Each Party is responsibfe for ensuring that information it discloses was not knowingfy obtained or maintained in violation af any law or policy app[icable to the disclosing Party, and that information is onty made available to the receiving Party as may be permitted by taws, regulations, policies, or procedures appticable to the diselosing Parly. 39. 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). 40. Each party agrees ta provide, upon request, details regarding the handling and maintenance of data in e(ectronic and paper recordkeeping systems maintained pursuant to the provisions of this MOU, in order to allow the other party ta ensure that appropriate security and privacy protections are in place. Such information shatl be provided to the exient allowable by the laws, regulations, and policies governing each party. PROSECUTIONS 41. LVCTF investigative procedures, whenever practicabte, are to conform to the requirements which would allow for either federal or state prosecution. 42. A determination will be made on a case-by-case basis whether the prosecution of LVCTF cases will be at the state or federal fevel. This determination will be based on the evidence obtained and a consideration of which leve{ of prosecution would be of the greatest benefit to the overall objectives of the LVCTF. 43. 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 LVCTF case at the state or local levei, the FBI agrees to provide al( relevant information to state and loeal authorities in accordance with all applicable lega( limitations. A. Invesiigative Methods/Evidence 44. For cases assigned to an FBl Speciat Agent or in which FBI CHSs are utilized, the parties agree to conform to federal standards concerning evidence collection, processing, storage, and electronic surveillance. Hawever, in situations where the investigation witl FOR OFFIGIAL USE ONLY This documeni is the propertiy of the FBI and is loaned to your agency. Neither it nor its contents may be released without authorization by FBI Headquarters. fOR OFFICIAL USE ONLY 7 be prosecuted in the State Court where statutary or common law of the state is more restrictive than the comparabie federal law, the investigative methods emplayed by FBI case agents shatl conform to the requirements of such statutory or common law pending a decision as to venue for pcosecution. 45. tn ail cases assigned to state, county, or locallaw enforcement pariicipants, the parties agree to utilize federa( standards pertaining fo evidence handling and electronic surveillance activities as outlined in the Domestic lnvesfigations and Operations Guide to the greatest extent possible. H4wever, in situations where the sta#utory or common law of the state is more restrictive than the comparable federal law, the investigative methods emp[oyed by state and local law enforcement agencies shal( conform to the requirements of such statutory or common law pending a decision as to venue for prosecution. 46. The use of other investigative methods (search warran#s, interceptions of oral communications, etc.) and reporting procedures in connection therewith will be consistent with the policies and procedures of the FBf. 8. Undercaver Operations 47. AA LVCTF undercover operations will be conducted and reviewed in accordance with FBI guidelines and the Attarney General's Guidelines Qn Federat Bureau of Investigation Undercover Operations. All packicipating agencies may be requested to enter into an additiana( 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'- 48. The parenf agency of each individual. assigned to the LVCTF will ensure that while the individual is participafing in FBI-led task torce operations in the capacity of a task force afficer, task force member, or task force participant, the individual will earry only less- tethat devices #hat the parent agency has issued to the individual, and that the individual has been trained in accordance with the agency's policies and procsdures. � 49. The parent agency of each individual assigned to the LVCTF will ensure that the agency's policies and procedures far use of any less-lethat device that will be carried by � Pursuant to Section Vllt of the DOJ Less-Than-Le#hal Devices Policy dated May 16, 2011, all statellocal officers participating in joint task force operations must be made aware of and adhere fo the poticy and its limits on DOJ o�cers. FQR OFFICIAL USE ONLY This document is #he property af the FBI and is foaned to your agency. Neither it nor its contents may be released without aufhorization by FBI Headquarters. FOR OFFICIAL USE ONLY . $ the task force officer, task force member, or tasK force participant are consistent with the DOJ pt�licy statement an the Use of Less-Than-Lethal Devices.2 DEADLY FORCE AND SHOOTING INCIDENT P�LICIES 50. LVCTF personnel wiii fal[ow their own agencies' policies concerning firearms discharge and use of deadly force. 7�1�y�_�i�C�7►[+. 51. Local and state law enforcement personne( designated to the LVCTF, subject to a limited background inquiry, shali be swom as federal task force officers by acquiring Title 18 U.S.C. authority (via the United States Marshals Service) and Title 21 U.S.C. authority (via the FBI, to participate in federal drug investigations). The FBl will secure the required deputation authorizafion(s). The deputation(s) should remain in effect throughout the tenure of each investigator's assignment to the LVCTF or until the termination of the LVCTF, whichever comes first. 52. Deputized LVCTF personnel wili 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 respec#ive personnel. 53. State, local, fribal, and territorial faw enforcement officers (LEOs) who serve on the LVCTF must be federally deputized under Tit(e 9 8. They must also be deputized under Title 21 to participate in federal drug investigations. Ttte FBI may likev�rise require federal LEOs who serve on the LVCTF to be deputized while assigned to the LVCTF. The FBI will secure the required authorization for deputations, as needed. 54. Under tfie terms af this MOU, the ParEicipating Agency agrees that non-LEOs detaifed to #he LVCTF will not: (1 } participa#e in law enforcement activities; {2) carry a weapon, either lethal or non-tethal; or (3) participate in the executivn of search/arresi warrants. VEHICLES z Less-lethal — When use of force is required, but deadly force may not be appropriate, law enforcement officers may employ less-lefhal weapons to gain contro( of a subject. Less-letha[ 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 #he public by temporarity incapacitating subjects. While less-lethal weapons are intended to avoid causing any serious harm or injury to a subject, significani injuries and death can occur from their use. The term °less=than-lethal° is synonymous with "less-lethai", °non-tethal", "non-deadly", and ather terms referring to devices used in situations covered by the DOJ Policy on the Use of Less-Than-Lethal Devices. "Less-lethal" is the industry standard and the terminology the FBI has elected to utilize in reference to this poiicy. FOR OFFICIAL USE ONLY This document is the property of the FBI and is loaned to your age�ncy. Neither it nor its contents may be released wifhout authorization by FBI Headquarters. Ft)R OPFICIAL U5E ONLY 9 55. In furEherance of this MOU, empioyees of participating agencies may be permitted to drive FBI owned or leassd vehicles for official LVCTF business and only in accordance with appticabie FBI rules and regutations, including those outtined in the FBI Govemment Vehicl�e Use Policy Guide (1357PG). The assignment of an FBi owned or leased vehicle to participating agency LVCTF personnel wi(1 require fhe execution of a separate Vehicle Use Agreement. 56. The participating agencies agree that FBI vehieles wili not be used to transport passengers unreiated to LVCTF business. 57. Neither the FBI nor the United States shal[ be responsibfe for any civil liability arising from the use of an FBl owned or [eased vehicle by task force personnel while engaged in any conduct other than their officiai duties and assignments pursuant to their federal deputation on the LVCTF. 58. To the extent permitted by applicab{e law, Fart Worth Police Department agrees to ho{d harmisss the FBI and the United States for any claim for property damage or persanal injury arising from any use of an FBI owned or leased vehicle by task force personnel which is outside the scope of their official duties and assignmenks. SALARY/OVERTIME COMPENSATION 59. The FBl and each participating agency remain responsible for atl personnel costs for their LVCTF representatives, including sata�ies, overtime paymerrts and fringe benefits consistent with their respective agency, except as described in paragraph 60 below. 60. Subject to funding availability and legislative authorization, the FBI wilf reimburse to participating agencies the cost of overtime worked by non-federal LVCTF personnel assigned fult-fime to LVCTF, provided overtime expenses were incuRed as a result of LVCTF-related duties, and subject to the provisions and limitatians set forth in a separate Cost Reimbursement Agreement io be executed in conjunction with this MOU. A separate Cost Reimbursement Agreement must be executed between the FBl and the participa#ing agencies for fult-time employee(s) assigned to LVCTF, consistent with regulations and poticy, prior to any reimbursement by the FBI. Otherwise, overtime shall be compensated in accordance with applicable participating agency overEime provisions and shall be subject to the prior approval of appropriate personnel. PROPERTY AND EQUIPMENT 61. Properly utilized by the LVCTF in connection with au#horized investigations and/or operations and �n the custody and control and used at the direction of the LVCTF, wilf be maintained in accordance with the policies and procedures of the agency supplying the equipment. Property damaged or destroyed which was utilized by LVCTF in connection with authorized investigations and/or operations and is in the custody and control and FOR OFFICIAL USE ONLY This document is the property of the FBI and is loaned to your agency. Neither it nor its contents may be r.elease'd without authorization by FBI Headquarters. FOR OFFICIAL USE ONLY 10 used at fhe direction of LVCTF, will be the financial responsibility of#he agency suppiying said properfy. FUND[NG 62. This MOU is not an obligation or commitment of funds, nor a basis for iransfer of funds, but rather is a basic statement of the understanding between ihe parties hereto of the tasks and methods for pertorming 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 wilt be subjec# to its budgetary processes and to the availability of funds and resources pursuant to appiicable laws, regulations, and policies. The parties expressly acknowledge that the abave language in no way impties that Congress wil[ appropria#e funds for such expenditures. FORFEITURES 63. The FBI shatl be responsible for processing assets seized far federa( forfeiture in conjunction with LVCTF operations. 64. Asset forfei#ures will be conducted in accardance with #edera( law, and the rules and regulaiions set forth by the FBI and �OJ. Forfei#ures attributable to l.VCTF investigafions may be equitably shared with the agencies par�icipating in the LVCTF. DISPUTE RESOLUTlON 65. tn cases of overiapping jurisdiction, the particiPating agencies agree to work in concert to achieve the LVCTF's objectives. 66. The participating agencies agree to attempt to resolve any disputes regarding jurisdiction, case assignments, workload, etc., at the field tevel first before referring the matter to supervisory personnel for resolution. MEDIA RELEASES 67. All media releases and statements will be mutually agreed upon and jointly handled according to FBI and participating agency guidelines. 68. Press releases will conform to DOJ Guidelines regarding press releases. No release will be issued withaut FBI final approval. SELECTIOPI TO LVCTF AND SECURITY CLEARANCES 69. If a participating agency candidate for the LVCTF wil! 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. FOR OFFICfAL USE ONLY This document is the property of the FBl and is loaned to your agency. Neither it nor its contents may be celeased without author�zation by F81 Headquarters. FOR OFFICIAL USE ONLY 11 70. !f, for any reason, the FB! deiermines that a participating agency candidate is not qualified or eligibie to serve on the LVCTF, the participating agency will be so advised and a request will be made for another candidate. 71. Upon being selected, each candidate wili receive a comprehensive briefing on FBI field office securify po(icies and procedures. During the briefing, each candidate witl execute non-disclasure agreements (SF-312 and FD-8fi8), as may be necessary or required by the FBf. 72. Before receiving unescorted access to FBI space identified as an open storage facility, LVGTF personnel will be required to obtain and maintain a"Top Secret" securiiy clearance. LVCTF personnel wi{t not be al(owed unescorEed access ta FBt space untess they have received a Top Secret securify dearance. 73. Upon departure from #he I.VCTfi, each individual whose assignment to the LVGTF is compteted wiil be given a.security debriefing and reminded of the provisions contained in the non-disclosure agreement ta which he or she previously agreed. LIABIL(TY 74. The p�rticipating ageneies acknawledge #hat this MOU cloes not alter the appticable [aw goveming civil liability, if any, arising from the conduct of pecsonnel assigned to the LVCTF. 75. Each parly agrees to notify the other in the event of receipt of a civi[ ciaim arising from ihe scope of the FBI's relationship with the MOU's otner party. Both parties agree to cooperate fuliy with one another in the even# af any investigation arising from alleged negligence or misconduct arising from the operational relationship. Nothing in this paragraph prevents any party frpm conducting an independent administrative review of any incrdent giving rise to a claim. In the event that a civil claim or complaint is brought against a state or loca{ officer assigned ta the LVCTF, the o�cer may request legat representation andlor defense by D�J, under the circumstances and pursuant #o fhe statutes and regulations identifted below. 76. COMMaN LAW TORT CLAIMS A. Congress has provided that the exctusive remedy for the negligent or wrongful act or omission of an employee of the U.S. Govemment, acti�g within the scope of his or her empioyment, shali be an action against the United States under the �edera! Tork Claims Act, 28 U.S.C. § 1346{b), and §§ 2671-2680. B. Nofwithstanding any other provisian c�ntained in this MOU, for the limited purpose of defending civi( claims arising out of operational relationship activity, any empfoyee detaited from a Participating Agency who is acting within the course and scope of his or her offcial du6es and assignments pursuant to this POR OFFIClAL USE ONLY This document is the properly of the FBI and is loaned to your agency, Neither it nor its contents may be released without authorization by FBt Headquarters. FOR OFFICIAL USE ONLY - 12 MOU may 6e considered an "employee" of the U.S. government, as defined at 28 U.S.C. § 2671. See 5 U.S.C. § 3374(c)(2). C. Under the Federal Employee Liability Reform and Tort Compensation Act of 1998 (commoniy known as the WestFali Act), see 28 U.S.C. § 2679(b)(I), if an employee of the United States is named as a defendant in a civil action, the Attorney General or his or her designee may certify that the defendant acted within the scope of his or her empioyment at the time of the incident giving rise to the suit. 28 U.S.C. § 2679(d)(1)&(2}. The United States can then be substituted for the employee as the sole defiendant with respect io any tort ciaims aileged in the actian. 28 U.S.C. § 2679(d){1)8�(2). Decisions to certify that an employee was acting within the scope of his or her employment at the time of the inciden# giving rise to the suit, see 28 U.S.C. § 2679(d)(1)8�(2). are made on a case-by case-basis, and such certification cannot be guaranteed. D. If the Attomey General declines to certify that an emptoyee was acting wifhin the scope of employment, "the employee may at any time before trial petition the court to find and certify that the employee was acting within the scope of his office or employment " 28 U.S. C. § 2679(d)(3).". 77. For the limited purpase of defending against a civi[ claim arising from an alleged violation of the U.S. Constitution pursuant to 42 U.S.C. § 1983 or Bivens v. Siz Unknown Named Aaents of the Federa( Bureau of Narcatics, 4Q3 U.S. 388 (1971): An individual assigned #o the LVCTF who is named as a defendant in a civil action as a result of or in connection with the pertormance of his or her official duties and assignments pursuant to this MOU may request individua!-capacity representation by DOJ to defend against the claims. 28 C.F.R. §§ 50.15, 50.16. Any such request far 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 ta Chief Division Counsel (CDC) for the FBI Dallas Division, who will then coordinate the request with the FBI Office af the General Counsei. In the event of an adverse judgment against the individual, he or she may request indemn�cation from DOJ. 28 C.F.R. § 50.15(c)(4). Requests for DOJ representatian and indemnification are determined by DOJ on a case-by-case basis. The FB( cannot guaraniee the United States will provide legal representation or indemnification to any LVCTF personnel. 78. Liabifity for any conduct by fask force personnel unde�taken outside of the scope of their duties and assignments pursuant to their federal deputation on the LVCTF shafl not be the responsibility of the FBI or the United States. DURATION 79. The term of this MOU is for the dur.ation of the LVCTF's operations, contingent upon approval of necessary funding, but may be terminated at any time upon written mutual consent of the agency involved. FOR OFFICIAL USE ONlY This document is the property of the FBI and is (oanecf to your agency. Neither it nor its contents may be reteased without authorization by FBI Heaclquarters. FOR �FFICIAL USE ONLY 13 80. Any participating agency may withdraw from the LVCTF at any time by written notification to the SSA with designated oversight for investigative and personnel matters or program manager of the LVCTF at least 30 days prior to withdrawal. 81. Upon termination of this MOU, all equipment provided to the LVCTF will be retumed to the supplying agency/agencies. In addition, when an entity withdraws from the MOU, the entity wilf retum equipment to the supplying agency/agencies. Similarly, remaining agencies will retum to a withdrawing agency any unexpended equipment supplied by the withdrawing agency during any LVCTF participation. MODlFICATIONS 82. This agreement may be modified at any time by written consent of all involved agencies. 83. 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 � �`- � ` -�----�� R. Joseph Rothrock Special Agent in Charge Federal Bureau of Investigation �� g� William Johnson Assistant City Manager City of Fort Worth F�� zl2t�=� Date 9/10/2025 Date FOR OFFICIAL USE ONI.Y 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. �FFICIAL RECORD CITY SECRETARY FT. WORTH, TX FOR OFFICIAL USE ONLY 14 CITY OF FORT WORTH INTERNAL ROUTING PROCESS: Approval Recommended: Ro6 AII r ge (Sep 10, 2025 1'::Oi21 CDT) By: Name: Robert A. Alldredge Jr. Title: Interim Police Chief Approved as to Form and Legality: By: � � Name: Jerris Mapes Title: Sr. Assistant City Attorney Contract Authorization: M&C: N/A Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administrarion of this contract, including ensuring all performance and reporting requirements. B�. Ka���ep��S l�a�ee Name: Kathryn Agee Title: Senior Management Analyst City Secretary: By. �a� k �� � Name: Jannette S. Goodall Title: City Secretary 4 �foRT �a spFeoo h�°a '�°� �9d0 p�o .10 0 *°�+ d pd4p nEXPSoo �FFICIAL RECORD CITY SECRETARY FT. WORTH, TX FOR OFFICIAL USE ONLY 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. CSC No. 64586 For Official Use Only FEDERAL BUREAU OF INVESTIGATION Longhom Violent Crime Task Force Cost Reimbursement Agreement Fite No.: 333-DL-A3060870-MOU TF Pursuant to Congressional appropriations, the Federal Bureau of investigation (FB!) receives authority to pay overtime for police officers assigned to the formalized Longhom Violent Crime Task Force (LVCTF), 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 City of Fort Worth, on behalf of Fort Worth (FWPD), located at 505 W. Felix St., Fort Worth, TX 76115, Taxpayer ldentification Number. 75-6000528, and Telephone Number: 817-392-4200, that: 1. This Agreement is entered into pursuant to, and as an annex to, the FBI LVCTF Memorandum of Understanding (MOU) signed by the Assistant City Manager of the City of Fort Worth, on 9/10/2025 , and shall be read and interpreted in conformity with all terms of that document. 2. Commencing upon execution of this Agreement, the FBf wi(I, subject to avaifability of required funding, reimburse FWPD for overtime payments made to officers assigned to and working fuil time on LVCTF related matters. 3. Requests for reimbursement shall be made on a monthly basis utilizing the United States Department of the Treasury Invoice Processing Plaiform (IPP) software system and shall be submitted to the FBI Dallas Field O�ce immediately after the first of the month which follows the month for which reimbursement is requested. The reimbursement request shall be approved by the appropriate Supervisor (or their designee} at FWPD prior to the invoice submission in IPP. The invoice submitted in IPP will automatically route to the F81 LVCTF personnel for their review, approval, and processing for payment. 4. Overtime reimbursement payments from the FBI will be made via electronic funds transfer (EFT) directly to FWPD using the FBI's Unified Financial Management System (UFMS). To facilitate EFT, FWPD shall establish an account online in the System for Award Management (SAM) at www.SAM.Qov. Verification of FWPD banking information is required on an annuai basis in order to keep payment information current. For additional information regarding the UFMS and SAM, contact the FBI Dallas Financial Liaison Specialist. 5. 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 annual(y by the FB(. The fimits, calculated using Federal pay tables, will be in effect for the Federal fiscal year rvnning from October 1st of one year through September 30th of the foAowing 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 FWPD of the applicable annual limits prior to October 1 st of each year. 6. The number of FWPD officers assigned full-time to the LVCTF and entitted to overtime reimbursement by the FBI shall be approved by the FBI in advance of each frscal year. Based on the needs of the LVCTF, this number may change periodically, upward or downward, as approved in advance by the FBI. 1 For Official Use Only This document is the property of the FBI and is loaned to your agency. Neither it nor its contenu may be released without authorization by FBI Headquarters. Revised 05/24/2022 7. Prior to submission of any overtime reimbursement requests, FWPD shalf prepare an official document setting forth the identity of each officer assigned full-time to the LVCTF, along with the regular and overtime hourly rates for each officer. Should any officers change during the fiscat year, a similar statement shall be prepared regarding the new officers prior to submitting any overtime reimbursement requests for the officers. If the rate changes during the fiscal year for a previously assigned officer, an updated letter shall be attached with the invoice submission in IPP that reflects the new rate. The updated letter shall be mailed to the Dallas Field Office LVCTF personnel to maintain in FBI records. 8. Each request for reimbursement shall be submitted via lPP to the FBI. The request for reimbursement shall include an invoice number, invoice date, the name, ove�time compensation rate, number of reimbursable hours claimed, and the dates of those hours for each ofFcer for whom reimbursement is sought. An attachment signed and dated by an authorized Agency representative noting the dates and hours for each officer overtime reimbursement claimed shall be uploaded in IPP as supporting documentation for the invoice to confirm the information described in this paragraph is accurate, and the personnel for whom reimbursement is claimed were assigned full-time to the LVCTF. 9. Requests for reimbursement shall be submitted monthly and alt requests shall be received by the FBI no later than December 31 st of the next fiscal year for which the reimbursement applies. For example, reimbursements for the fiscal year ending September 30, 2022, shall be received by the FBI monthly and not later than December 31, 2022. The FBI is not obligated to reimburse any requests received untimely and not in accordance herewith. 10. This Agreement is effective upon signatures of the parties and will remain in effect for the duration of FVHPD's participation on the LVCTF, 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 or based on changing business operations and practices of the FBI. 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. Signatories: ��� ���� �. R. Joseph Rothrock Special Agent in Charge Federal Bureau of Investigation Date: l I i� I�> �� �.:�:_.� g�.,� William Johnson Assistant City Manager City of Fort Worth Date: 9/ 10/2025 Financial Liaison Spe�ialist Federal Bureau of Investigation �ate: / 0�3/�� � / 2 For Official Use Only This documcnt is the properiy of the FBI and is loaned to your agency. Ncither it nor its contents may be released without authorization by FBI Headquarters. ��� � � �y �,� � i� xK�� �� �� ����'��xy�,�I���,�� FT. WORTH, TX CITY OF FORT WORTH INTERNAL ROUTING PROCESS: Approval Recommended: Rob All r?e �Sep 10, 202517:01:21 CDT) By: Name: Robert A. Alldredge Jr. Title: Interim Police Chief Approved as to Form and Legality: 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. Kath ryn A�aee Kathryn Agee i5ep I0, 2C2S 15:42�r�1 CDrI By. Name: Kathryn Agee Title: Senior Management Analyst BY: Qa� �i1a0°°.�' O Name: Jerris Mapes Title: Sr. Assistant City Attorney Contract Authorization: M&C: N/A City Secretary: nna poFFoar�°a d�� �9..0 A ..�.� dP:°�:=a By. � Qa4n nE�p56p Name: Jannette S. Goodall Title: City Secretary 0 ��7 �� Cyl,l �:� �[K�7:a �7 C«] ��'i�'i xy:� � ��1:�'1 FT. WORTH, TX FORT �ORTH� City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name Federal Bureau of Investigation Memorandum of Understanding and Cost Reimbursement Sub�eCt Of the Agreement: The Memorandum of Understanding and Cost Reimbursement Agreement describes the responsibilities of the FBI Longhorn Violent Crime Task Force (LVCTF) and Fort Worth Police Department personnel and allows for FBI to reimburse the City for overtime for Police Officers assigned to LVCTF. M&C Approved by the Council? * Yes ❑ No 8 If �so, the M&C must be attached to the contract. Is this an Amendment to an Existing contract? Yes ❑ No 8 If �so, provide the original contract number and the amendment number. Is the Contract "PermanenY'? *Yes ❑ No 8 If �unsure, see back page for pernianent contract listing. Is this entire contract Confidential? *Yes 8 No ❑ If only specific information is Confidential, please list what information is Confidential and the page it is located. All pages of the FBI Memorandum of Understanding and the Cost Reimbursement Agreement are deemed CONFIDENTIAL for the duration of the LVCTF operations Effective Date: September 10, 2025 If different from the approval date. EXplratlOri Date: Duration of LVCTF operations If applicable. Is a 1295 Form required? * Yes ❑ No 8 *If �so, please ensure it is attached to the approving M&C or attached to the contract. Proj ect Number: If applicable. *Did you include a Text field on the contract to add the City Secretary Contract (CSC) number? Yes 8 No ❑ Contracts need to be routed for CSO processin� in the followin� order: 1. Katherine Cenicola (Approver) 2. Jannette S. Goodall (Signer) 3. Allison Tidwell (Form Filler) *Indicates the information is required and if the information is not provided, the contract will be returned to the department.