Loading...
HomeMy WebLinkAbout065296 - General - Contract - Federal Bureau of Investigation (FBI)COUNTER-UAS TASK FORCE (CUTF) MEMORANDUM OF UNDERSTANDING CSC No. 65296 MEMORANDUM OF UNDERSTANDING BETWEEN THE FEDERAL BUREAU OF INVESTIGATION AND CITY OF FORT WORTH ON BEHALF OF THE FORT WORTH POLICE DEPARTMENT 1) PARTIES (the "Participating Agency") FOR THE ESTABLISHMENT AND OPERATION OF A COUNTER-UAS TASK FORCE (CUTF) 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 (hereinafter, the "Participating Agency"). The FBI and the Participating Agency are also referred to herein individually as a "Party" or collectively as the "Parties." b. 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. No assignment of rights, duties, or obligations of this MOU shall be made by any Party without the express written approval of a duly authorized representative of all other Parties. 2) PURPOSE a. The purpose of this MOU is to formalize the relationship between the FBI and the Participating Agency to establish a Counter-UAS Task Force (CUTF) and to document the agreed responsibilities, functions, and procedures of the Parties with respect to extending federal counter-UAS authorities pursuant to 6 U.S.C. § 124n, as revised by the SAFER SKIES Act and subsequent guidance published by the Attorney General, to trained and certified state, local, tribal, and territorial (SLTT) law enforcement officers for the detection, identification, monitoring, tracking, and mitigation of unmanned aircraft systems (UAS) that pose a threat to public safety or national security. b. This MOU will enhance the effectiveness of federal and SLTT law enforcement resources through well -coordinated initiatives that seek the most effective avenues by which to ensure public safety, protect critical infrastructure, and support the investigation and prosecution of individuals involved in illegal or threatening UAS- related activities. OFFICIAL RECORD CUTF_M0U_Template_v1.0_20260223_OGC-APPROVED CITY SECRETARY Page 1 FT. WORTH, TX COUNTER-UAS TASK FORCE (CUTF) MEMORANDUM OF UNDERSTANDING 3) MISSION a. The mission of the CUTF is to leverage the collective resources of the Parties for the prevention, preemption, deterrence, and investigation of: (1) Terrorist acts involving the use of unmanned aircraft systems that affect United States interests; (2) The use of UAS to conduct surveillance, reconnaissance, or intelligence collection against law enforcement entities or critical assets where such use poses an identifiable threat to officer safety, operational security, or national security; (3) UAS interference with wildland fire suppression, law enforcement operations, or emergency response efforts; (4) UAS threats to public safety at special events, mass gatherings, and critical infrastructure; and (5) Other criminal or national security threats involving UAS as determined by the FBI. b. To further this mission, the CUTF shall serve as a means to facilitate information sharing, joint training, and coordinated counter-UAS operational responses among CUTF participating agencies. c. Nothing in this MOU shall be construed to authorize counter-UAS activities directed at UAS operations that constitute the lawful exercise of First Amendment rights, including newsgathering and the observation or recording of law enforcement activities in public spaces. All counter-UAS operations by the CUTF must be conducted in accordance with federal law, and applicable policies of the Department of Justice and Federal Bureau of Investigation. 4) AUTHORITIES The FBI is authorized to coordinate intelligence, investigative, and operational responses to various criminal, cyber, and national security threats pursuant to: Title 28, United States Code § 533 (Investigative and Other Officials; appointment); 34 U.S.C. § 10211 (Training and Manpower Development); 28 C.F.R. § 0.85 (General Functions, Director, FBI), 0.85(I) (Primary Jurisdiction in Terrorism Matters); 18 U.S.C. § 3107 (Services of Warrants and Seizures by FBI); 18 U.S.C. § 3052 (Powers of the FBI). b. Pursuant to 6 U.S.C. § 124n, as revised by the SAFER SKIES Act, the FBI's federal counter-UAS authorities may be extended to qualified and federally deputized SLTT law enforcement personnel. Participating personnel must be trained and certified through the National Counter-UAS Training Center (NCUTC) Counter-UAS System Operator (CUSO) course, except as otherwise provided in Section 7 of this MOU. CUTF—MO U_Template_v1.0_20260223_OGC-APPROVED Page 2 COUNTER-UAS TASK FORCE (CUTF) MEMORANDUM OF UNDERSTANDING c. Additional authorities include: Executive Order 12333, as amended; the Attorney General Guidelines for FBI Domestic Operations (AGG-DOM); applicable Homeland Security Presidential Directives (HSPDs) and National Security Presidential Memoranda (NSPMs), including NSPM-36; and 18 U.S.C. § 1030. 5) SUPERVISION AND CONTROL a. FBI Headquarters (FBIHQ), through its Critical Incident Response Group (CIRG), retains responsibility for program management, policy direction, and programmatic standards governing all counter-UAS task forces established under this authority. Operational direction of the CUTF shall reside with the Special Agent in Charge of the Dallas Field Office, exercised through the following chain of command: Special Agent in Charge (SAC), Assistant Special Agent in Charge (ASAC), and CUTF Supervisory Special Agent (SSA). The SAC shall designate one SSA to supervise day- to-day operational and investigative matters pertaining to the CUTF. All operational activities shall conform to the policies, standards, and directives issued by CIRG. b. CIRG's Counter-UAS Operations Unit (CUOU) shall provide operational oversight for the CUTF. All counter-UAS activities conducted under this MOU, including but not limited to detection, identification, monitoring, tracking, and mitigation operations, must be approved by the CUOU and conducted in accordance with the FBI Counter- UAS Policy Guide, applicable Attorney General regulations, and SAFER SKIES Act implementation guidance. No counter-UAS mitigation activity shall be initiated without prior CUOU authorization, except in exigent circumstances as defined in the FBI Counter-UAS Policy Guide, in which case the CUOU shall be notified at the earliest practicable opportunity. c. All CUTF personnel will fall under the supervision of the FBI for the duration of designated CUTF activity only, or when conducting similar related counter-UAS actions at a related event, incident, or intelligence -driven activity. Designated CUTF activity is defined as: a planned counter-UAS operation or activity, an emergency counter-UAS response, or other threatening UAS incident or intelligence threat - driven activity. d. All guidance on investigative matters handled by the CUTF will be issued by the Attorney General (AG), the U.S. Attorney's Office, or the FBI. The FBI will make available to the Participating Agency applicable guidelines and policies, including the AGG-DOM and the FBI's Domestic Investigations and Operations Guide (DIOG). e. The relevant CUTF SSA will be responsible for opening, monitoring, directing, and closing CUTF investigations in accordance with existing FBI policy and the applicable United States AG Guidelines. f. Assignments of cases and operational duties to personnel will be based on, at a minimum, experience, training, certification status, and performance, in addition to the discretion of the relevant CUTF SSA. CUTF—MO U_Template_v1.0_20260223_OGC-APPROVED Page 3 COUNTER-UAS TASK FORCE (CUTF) MEMORANDUM OF UNDERSTANDING g. Each participant will continue to report to his or her respective agency head for matters not detailed in this MOU and will be subject to the personnel rules, regulations, laws, and policies applicable to those agencies. 6) STAFFING COMMITMENT AND RESPONSIBILITIES In light of the significant cost and effort in on -boarding new CUTF personnel, as well as the need for continuity to successfully combat national security, criminal, and UAS-related threats, the Participating Agency agrees to provide its personnel to the FBI CUTF for a period of at least one year(s). This MOU imposes no maximum limit as to the time that any individual may remain on the CUTF. The FBI retains discretion over the length of service of CUTF personnel, in coordination with the Participating Agency. b. This is a part-time task force assignment. There is no expectation of overtime. CUTF personnel will be activated for designated CUTF operations, training events, and other mission requirements as coordinated between the CUTF SSA and the Participating Agency. c. During periods of heightened threats and emergencies, the CUTF may need to operate 24 hours a day for an extended period of time. During these periods, all CUTF personnel are expected to support CUTF activities unless released to the Participating Agency. Such activations will be directed by the FBI field office in coordination with FBIHQ, through CIRG. d. CUTF personnel must adhere to the FBI's ethical standards and the Supplemental Standards of Ethical Conduct for employees of the Department of Justice (DOJ), and the same rules and regulations as FBI employees with regard to security policies, conduct and activities while in FBI space, the handling of FBI property, the operation of FBI vehicles, and the conduct of CUTF business. e. Continued assignment to the CUTF will be in coordination with the SAC and the Participating Agency. The FBI SAC retains the discretion to remove any CUTF personnel from the CUTF. f. CUTF personnel are subject to removal from the CUTF by the FBI for any violation of any provision of this MOU, the FBI's ethical standards, the Supplemental Standards of Ethical Conduct for employees of DOJ, any other applicable agreements, rules, and regulations, or at the discretion of the FBI. g. CUTF personnel must sign an acknowledgment of their respective roles and responsibilities before coming on -board. h. All CUTF personnel are required to attend FBI legal training in compliance with FBI regulations and any other training deemed mandatory and/or necessary by the FBI chain of command. The FBI is responsible for the costs of such training. The Participating Agency will bear the costs of its own agency -required training, including the costs associated with initial NCUTC CUSO certification. CUTF—MO U_Template_v1.0_20260223_OGC-APPROVED Page 4 COUNTER-UAS TASK FORCE (CUTF) MEMORANDUM OF UNDERSTANDING CUTF personnel may be assigned to support multiple FBI task forces concurrently, subject to the approval of the relevant task force supervisors and the Participating Agency. Participation on the CUTF does not preclude assignment to other FBI task forces, provided such concurrent assignments do not interfere with the personnel's CUTF duties and obligations. 7) TRAINING AND CERTIFICATION a. All SLTT law enforcement officers assigned to the CUTF who will operate counter- UAS systems must be trained and certified through the NCUTC CUSO course as a prerequisite to operating counter-UAS equipment under federal authority. No alternative, equivalent, or substitute certification will be accepted in lieu of NCUTC CUSO certification for the operation of counter-UAS detection or mitigation equipment under this MOU. b. Personnel who have not yet completed CUSO certification at the time of assignment to the CUTF shall be granted a grace period not to exceed 180 days from the date of assignment to obtain certification. During the grace period, such personnel may participate in CUTF planning, training, and administrative activities but shall not operate counter-UAS detection or mitigation systems under federal authority until NCUTC CUSO certification is obtained. c. Current NCUTC CUSO certification that remains in good standing is a prerequisite to any initial or ongoing federal deputation for counter-UAS operations under this MOU. Lapse of NCUTC CUSO certification will result in immediate suspension of counter-UAS operational authorities until recertification is achieved through the NCUTC. d. The Parties agree that an additional goal of this MOU is to engage in co -training ventures to ensure continuity and proficiency of responses to incidents involving UAS threats to public safety and national security. e. The Parties will meet routinely to discuss and establish training activities and venues, as well as to discuss other issues of mutual concern regarding counter-UAS operations. Unless otherwise agreed to, each Party will bear the cost of its own participation in training exercises. f. The FBI shall share intelligence information regarding UAS threats and will provide access to relevant training and information -sharing forums. 8) DEFINITION OF CUTF PERSONNEL a. As used in this MOU, the term "CUTF personnel" means and includes Task Force Officer (TFO), Task Force Member (TFM), and Task Force Participant (TFP), as those terms are defined in the Joint Task Force Policy Guide (1178PG) section 4.3. This section of the JTFPG is available upon request. CUTF—MO U_Template_v1.0_20260223_OGC-APPROVED Page 5 COUNTER-UAS TASK FORCE (CUTF) MEMORANDUM OF UNDERSTANDING 9) FEDERAL DEPUTATION a. Non-federal law enforcement officers participating under this MOU shall be sworn as Special Deputy United States Marshals to assist with enforcing the United States Code, including investigative and protective functions via counter-UAS operations under 6 U.S.C. § 124n, as revised by the SAFER SKIES Act, in connection with the CUTF activities contemplated by this MOU. The extension of federal counter-UAS authority to SLTT personnel under this MOU flows specifically through their status as federally deputized personnel. Deputations are commensurate with the investigative and operational authority of the FBI, and issued pursuant to 28 C.F.R. § 0.112 (Special Deputation) and 28 U.S.C. § 566. b. DOJ has limited its commitment to represent task force personnel to those who were formally deputized by a federal agency, and will require the requesting agency to demonstrate that a written deputation was in place at the time of the incident in question. Accordingly, SLTT law enforcement officers must be federally deputized under Title 18 of the United States Code while assigned to the CUTF. The FBI likewise requires federal law enforcement officers who serve on the CUTF to be deputized while so assigned. The FBI will secure the required authorization for deputations, as needed. Deputations shall remain in effect throughout the tenure of each individual's assignment to the CUTF or until the termination of this MOU, whichever comes first. c. Deputation under this MOU will provide federal authority: (1) for qualifying individuals to fully participate in all operations and investigations contemplated by this MOU; (2) to operate counter-UAS detection, identification, monitoring, tracking, and mitigation systems under federal authority; (3) where the FBI has primary or concurrent jurisdiction in the matter supported by this MOU; and only (4) when requested or authorized by the Dallas Field Office. d. A deputation remains in effect for two years from the date the individual is deputized by the United States Marshals Service. If an individual deputized pursuant to this MOU is to continue deputation beyond the expiration date, a renewal may be requested if all Parties agree. Sponsorship for federal deputations may be revoked by the sponsoring agency (FBI) at any time, and for any reason, deemed appropriate. Should the MOU be terminated, or the employing agency withdraw, any FBI sponsorships of related deputations will be immediately revoked. e. Parties to this MOU agree to immediately inform the FBI Field Office counter-UAS coordinator should any deputized individual be removed, transferred, suspended, or reassigned (for any reason) from duties consistent with this MOU. The granting of a federal deputy status does not confer any rights upon the receiving individual other than those outlined herein. Under the terms of this MOU, the Participating Agency agrees that non -law enforcement officers detailed to the CUTF will not: (1) participate in law enforcement activities; (2) carry a weapon, either lethal or non -lethal, during the CUTF—MO U_Template_v1.0_20260223_OGC-APPROVED Page 6 COUNTER-UAS TASK FORCE (CUTF) MEMORANDUM OF UNDERSTANDING performance of CUTF duties; or (3) participate in the execution of search or arrest warrants. g. Participating state agencies shall be responsible for cross -deputations for local officers as permitted or required by state law, and as appropriate. 10) PERSONNEL AND EQUIPMENT a. The Parties will share available personnel, equipment, resources, and expertise regarding counter-UAS detection, identification, monitoring, tracking, and mitigation operations, and the investigation of UAS-related criminal incidents, as necessary. FBI -Provided Equipment b. The FBI may provide counter-UAS detection and/or mitigation equipment to the Participating Agency for use in CUTF operations. All FBI -provided equipment remains the property of the FBI and shall be used solely for authorized CUTF operations. The Participating Agency shall safeguard, maintain, and account for all FBI -provided equipment in accordance with FBI policy. Upon termination of this MOU or the Participating Agency's withdrawal from the CUTF, all FBI -provided equipment shall be returned to the FBI in accordance with FBI property management procedures. Agency -Provided Equipment c. The Participating Agency may provide its own counter-UAS equipment for use in CUTF operations, subject to CUOU approval to ensure compatibility, interoperability, and compliance with federal requirements. The maintenance and repair of all equipment and property provided by the Participating Agency under this MOU will be the management and fiscal responsibility of the Participating Agency. General Equipment Provisions d. All counter-UAS equipment operated under this MOU, whether FBI -provided or agency -provided, must be approved by the CUOU and comply with all applicable federal regulations, including Federal Aviation Administration (FAA) requirements, National Telecommunications and Information Administration (NTIA) spectrum management requirements, Federal Communications Commission (FCC) requirements, and frequency allocation protocols. e. For official inventory purposes, all equipment including radios, badges, credentials, and other forms of CUTF identification subject to FBI property inventory requirements will, upon request, be produced by everyone who participates in the CUTF. f. At the completion of an individual's assignment on the CUTF, upon request, or upon withdrawal or termination of the Participating Agency from the CUTF, all FBI equipment and property will be returned to the FBI in accordance with FBI policy. CUTF—MO U_Template_v1.0_20260223_OGC-APPROVED Page 7 COUNTER-UAS TASK FORCE (CUTF) MEMORANDUM OF UNDERSTANDING g. As this is a part-time task force, the FBI will not provide permanent office space, vehicles, fuel purchase cards, or communication devices to CUTF personnel. Based on operational need, the FBI Field Office may provide necessary support during activated CUTF operations, subject to available field office resources. 11) OPERATIONS AND INVESTIGATIONS Controlling Guidance a. Operational and investigative actions, techniques, and procedures will be consistent with current DOJ guidance, the FBI Counter-UAS Policy Guide, applicable Attorney General regulations, SAFER SKIES Act implementation guidance, and other applicable FBI policy. In connection with investigations involving only state violations and state prosecutions, actions will be consistent with policies and procedures of relevant state law to the extent they do not conflict with federal requirements under this MOU. b. All counter-UAS operations conducted under this MOU are subject to CUOU approval as set forth in Section 5(b). Only CUTF personnel who hold current NCUTC CUSO certification and who are federally deputized under this MOU are authorized to operate counter-UAS systems on behalf of the FBI CUTF. c. In the event that discrepancies develop between federal and state/local rules, regulations, statutes, or other state/local practices and policies, federal mandates will control. d. At all times, FBI employees are required to comply with all current FBI policies, irrespective of any discrepancy or conflict with state/local rules, regulations, statutes, or state/local practices and policies. At all times, non -FBI employees are required to comply with the policies of their department/agency to the extent they do not conflict with the terms of this MOU. Joint Investigations e. To the extent possible, UAS-related criminal investigations will be jointly performed by the Parties, with no Party acting independently unless that Party has exclusive jurisdiction. In circumstances where a matter is best addressed by fewer than all Parties, non -responding Parties will be promptly notified. A determination will be made on a case -by -case basis whether to request prosecution of cases arising under this MOU from federal or state authorities. The determination will be based on all considerations at issue and may include the evidence gathered, the potential violations, the sentencing options, and the amenability of prosecuting authorities to support investigative needs. g. The Parties understand and agree that all follow-up investigative activities, including evidence collection, are secondary to public safety concerns, which are paramount. CUTF—MO U_Template_v1.0_20260223_OGC-APPROVED Page 8 COUNTER-UAS TASK FORCE (CUTF) MEMORANDUM OF UNDERSTANDING h. Collection of potential evidence pursuant to activities conducted under this MOU (including by individuals acting under federal deputation) will be accomplished in conformance with FBI evidence recovery procedures and, unless otherwise agreed to by the FBI, will be stored and forensically exploited by the FBI. 12) AFTER -ACTION AND OPERATIONAL REPORTING a. Following any counter-UAS mitigation event conducted under this MOU, the CUTF SSA shall ensure that a detailed after -action report is prepared and submitted to the CUOU within the timeframe specified in the FBI Counter-UAS Policy Guide. The after - action report shall include, at a minimum: the nature of the UAS threat; the counter- UAS systems employed; the mitigation actions taken; the outcome of the operation; any injuries, property damage, or unintended consequences; and any lessons learned. b. The CUTF SSA shall ensure that all counter-UAS operational activities, including detection -only operations, are documented and reported to the CUOU in accordance with the FBI Counter-UAS Policy Guide and SAFER SKIES Act reporting requirements. Such reporting shall include the type and duration of operations, systems deployed, and any UAS contacts detected or identified. c. The CUOU may prescribe additional reporting requirements, formats, and timelines as necessary to ensure compliance with statutory reporting obligations, including any reporting requirements under the SAFER SKIES Act and applicable Attorney General Guidance and federal regulations. d. The Participating Agency shall cooperate fully in the preparation of all after -action and operational reports and shall ensure that its CUTF personnel provide timely and accurate information for inclusion in such reports. 13) SECURITY CLEARANCE AND ACCESS a. CUTF personnel may require access to sensitive and/or classified information, classified systems, and/or secure office space in connection with CUTF duties. Security clearance requirements for individual CUTF personnel will be determined based on operational need and the specific duties assigned. b. At a minimum, a Limited Access Request must be submitted and approved for all CUTF personnel prior to accessing FBI space or FBI systems. A SECRET security clearance is recommended for all CUTF personnel to facilitate effective participation in CUTF operations and information sharing. A TOP SECRET clearance with access to Sensitive Compartmented Information (SCI) may be pursued for personnel whose duties require access to higher -level classified information, subject to FBI Security Division approval. c. All CUTF personnel will execute non -disclosure agreements deemed necessary by the FBI for the protection of classified and sensitive information, including but not CUTF—MO U_Template_v1.0_20260223_OGC-APPROVED Page 9 COUNTER-UAS TASK FORCE (CUTF) MEMORANDUM OF UNDERSTANDING limited to an SF-312 (Classified Nondisclosure Agreement) and an FD-857 (Sensitive Information Nondisclosure Agreement), as appropriate to their level of access. d. Supervisors in the Participating Agency responsible for the CUTF personnel may only be provided with classified information in accordance with FBI policy, if they have the appropriate security clearance to receive the classified information, and the requisite need to know. e. All members of the CUTF must certify they have not failed an FBI polygraph at any time. If a potential CUTF member has at one time failed an FBI polygraph, they are not eligible to be in FBI space and, therefore, not eligible to be a member of the task force. The Participating Agency agrees to have CUTF personnel sign an FD-868 (Nondisclosure Agreement for Joint Task Force Members, Contractors, Detailees, Assignees, and Interns). This action obligates an individual participating in the CUTF, who is accepting a position of special trust with access to classified and otherwise sensitive information, to be bound by prepublication review to protect against the unauthorized disclosure of such information. These provisions are consistent with and do not supersede, conflict with, or otherwise alter the employee obligations, rights, or liabilities created by existing statute or Executive order relating to (1) classified information, (2) communications to Congress, (3) the reporting to an Inspector General of a violation of any law, rule, or regulation, or mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety, or (4) any other whistleblower protection. The definitions, requirements, obligations, rights, sanctions, and liabilities created by controlling Executive orders and statutory provisions are incorporated into this agreement and are controlling. 14) DEADLY FORCE AND LESS -THAN -LETHAL DEVICES Deadly Force a. Non -FBI CUTF personnel will follow the Participating Agency's policy concerning the use of deadly force. Less -than -Lethal Devices b. Pursuant to the DOJ Less -Than -Lethal Devices Policy, all state/local officers participating in CUTF operations must be made aware of and adhere to the policy and its limits on DOJ officers. c. The Participating Agency of each individual assigned to the CUTF will ensure the agency's policies and procedures for use of any less -than -lethal device that will be carried by CUTF personnel are consistent with the DOJ policy statement on the Use of Less -Than -Lethal Devices. CUTF—MO U_Template_v1.0_20260223_OGC-APPROVED Page 10 COUNTER-UAS TASK FORCE (CUTF) MEMORANDUM OF UNDERSTANDING d. The Participating Agency of each individual assigned to the CUTF will ensure that, while the individual is participating in FBI -led CUTF operations in the capacity of CUTF personnel, the individual will carry only less -than -lethal devices the Participating Agency has issued to the individual, and on which the individual has been trained, in accordance with the agency's policies and procedures. 15) INFORMATION SHARING, REPORTS, AND RECORDS a. All investigative and intelligence reporting will be prepared and disseminated in compliance with FBI policy, including but not limited to DIOG section 14. Subject to any legal or policy restrictions, copies of documents created for a CUTF matter based upon information obtained from participation on the CUTF by any CUTF personnel will be considered to be federal documents under the control of the FBI and shall be maintained in accordance with FBI records management policy and applicable law. b. All information learned during the course of a CUTF investigation is subject to FBI information sharing policies and may not be disclosed outside of the FBI without the approval of the FBI CUTF Supervisor. CUTF personnel may not disclose any FBI or CUTF-related information outside of the FBI, including any disclosure to the Participating Agency, without the prior approval of the FBI CUTF SSA. c. All CUTF materials and investigative records originate with, belong to, and will be maintained by the FBI, to include but not limited to MOUs, interview reports (i.e., FD-302), interview notes, surveillance logs, subpoenaed records, counter-UAS operational data, and other investigative information. All information generated in the course of investigations by the CUTF will be controlled solely by the FBI and may only be removed from FBI space with the approval of the CUTF SSA. d. CUTF personnel are strictly prohibited from disclosing any unclassified information to individuals without a need to know. CUTF personnel are strictly prohibited from disclosing any classified information to individuals who do not possess the appropriate security clearance and a need to know. e. All records prepared and shared among the Parties may not be released or distributed to third parties or non-parties to this MOU without the express permission of the drafting agency. Each Party shall immediately notify the other Parties of any civil, administrative, or criminal claim, complaint, discovery request, or other request for disclosure of information (other than the federal Freedom of Information Act), concerning or arising from operations involving, or conduct of, personnel assigned under this MOU. Both Parties agree to cooperate fully with one another in the event of any investigation arising from alleged negligence or misconduct arising from acts or omissions related to the operational relationship. Nothing in this paragraph prevents any Party from conducting an independent administrative review of any incident giving rise to a claim. Any releases of information pursuant to the federal FOIA will be handled according to the standard FOIA consultation and referral processes CUTF—MO U_Template_v1.0_20260223_OGC-APPROVED Page 11 COUNTER-UAS TASK FORCE (CUTF) MEMORANDUM OF UNDERSTANDING applicable to federal agencies. These equities may include, but are not limited to, emails and other correspondence between the Parties. g. CUTF information may identify individuals whose information may be protected by the Privacy Act of 1974 and "United States persons" whose information may be protected by Executive Order 12333 (as amended). All such information shall be handled lawfully pursuant to the provisions thereof. h. The FBI and the Participating Agency will immediately report to each other every instance wherein data received from each other is used, disclosed, or accessed in an unauthorized manner, including any data losses or breaches. i. The FBI and the Participating Agency agree to abide by the DOJ Privacy, Civil Rights, and Civil Liberties Protection Policy for the Information Sharing Environment to the extent that any CUTF-related information is covered by that policy. 16) COUNTER-UAS SENSOR DATA RETENTION AND HANDLING a. Counter-UAS sensor data, including but not limited to radio frequency (RF) detection logs, radar data, electro-optical and infrared (EO/IR) video feeds, UAS tracking data, and electronic signatures collected during CUTF operations, shall be treated as federal records under the control of the FBI. b. All counter-UAS sensor data shall be collected, stored, processed, and retained in accordance with FBI records management policy, applicable federal law (including the Privacy Act of 1974 and the Federal Records Act), and any specific data handling requirements set forth in the FBI Counter-UAS Policy Guide and SAFER SKIES Act implementation guidance. c. Counter-UAS sensor data that is not associated with an active investigation or intelligence matter shall be retained for the period specified in the FBI Counter-UAS Policy Guide or applicable records retention schedule, after which it shall be purged in accordance with FBI records management procedures. d. Access to counter-UAS sensor data shall be limited to personnel with a demonstrated need to know and, where applicable, the appropriate security clearance. The CUTF SSA shall maintain access controls and audit logs for counter- UAS sensor data in accordance with FBI policy. e. Counter-UAS sensor data that may contain information about United States persons shall be handled in accordance with the minimization procedures required by Executive Order 12333 (as amended), the Privacy Act of 1974, and applicable Attorney General guidelines. The Participating Agency shall not independently retain, copy, or transmit counter- UAS sensor data collected during CUTF operations without the prior written approval of the CUTF SSA. CUTF—MO U_Template_v1.0_20260223_OGC-APPROVED Page 12 COUNTER-UAS TASK FORCE (CUTF) MEMORANDUM OF UNDERSTANDING 17) COORDINATION a. Intelligence, law enforcement, and operational actions will be coordinated and cooperatively carried out within the CUTF. The Participating Agency will not knowingly act unilaterally on any matter affecting the CUTF. b. The Parties agree that matters designated to be handled by the CUTF shall not knowingly be subject to non-CUTF or non -FBI intelligence, law enforcement, or operational efforts by the Participating Agency. All law enforcement actions will be coordinated and cooperatively carried out. c. It is expected that the appropriate United States Attorney, in consultation with the FBI and affected CUTF partners, will determine on a case -by -case basis whether the prosecution of cases will be at the federal or state level, based upon which would better advance the interests of justice. 18) INTEROPERABILITY AND DECONFLICTION WITH OTHER FEDERAL COUNTER-UAS PROGRAMS a. The Parties acknowledge that multiple federal departments and agencies, including but not limited to the Department of Homeland Security (DHS), the Department of Defense (DOD), and the Department of Energy (DOE), possess independent counter- UAS authorities and may conduct counter-UAS operations in the same geographic areas or at the same events as the CUTF. b. Prior to conducting counter-UAS operations at any event, location, or incident where other federal counter-UAS programs are known or expected to be operating, the CUTF SSA shall coordinate with the CUOU to ensure deconfliction of counter-UAS activities. The CUOU shall serve as the primary point of coordination between the CUTF and other federal counter-UAS programs at the headquarters level. c. At the operational level, the CUTF SSA shall establish and maintain communication with counterparts from other federal agencies conducting counter-UAS operations to ensure that detection, tracking, and mitigation activities do not conflict, create mutual interference, or result in unsafe conditions. Frequency deconfliction and spectrum management shall be coordinated through the CUOU and in accordance with applicable interagency agreements. d. In the event of overlapping or concurrent counter-UAS operations involving multiple federal agencies, the determination of lead agency responsibility shall be made in accordance with applicable Presidential directives, interagency agreements, and the FBI Counter-UAS Policy Guide. The FBI retains primary counter-UAS responsibility in matters with a nexus to terrorism or criminal investigation. e. The Participating Agency shall promptly notify the CUTF SSA of any independent contact, coordination, or agreement with other federal counter-UAS programs that may affect CUTF operations. CUTF—MO U_Template_v1.0_20260223_OGC-APPROVED Page 13 COUNTER-UAS TASK FORCE (CUTF) MEMORANDUM OF UNDERSTANDING 19) LIMITATIONS ON FEDERAL AUTHORITIES a. The authority exercised by the FBI is primarily derived from federal law, Presidential directives, and delegations by the Attorney General. No FBI employee or FBI - sponsored Special Deputy U.S. Marshal under this MOU may exceed those authorities when acting within the scope of their federal employment. b. Counter-UAS activities conducted under this MOU are authorized solely pursuant to the authorities identified in Section 4 and subject to the approval and oversight requirements of Section 5(b). All such activities must comply with the limitations and requirements of those authorities, including any restrictions on the types of counter- UAS actions authorized, the circumstances under which they may be employed, and the reporting requirements associated therewith. c. It is understood by all Parties that the FBI maintains primary responsibility as Lead Agency in all events or incidents with a potential nexus to terrorism and/or involving a weapon of mass destruction, whether or not UAS are involved. 20) PRESS RELEASES a. All media releases involving CUTF matters will be conducted by the FBI. No press release involving a CUTF matter will be issued without prior FBI approval. b. Any release to the media will be consistent with established press policies of the investigating Parties in consultation with the appropriate prosecuting authorities. 21) SALARY, OVERTIME COMPENSATION, AND FUNDING The Participating Agency CUTF personnel will report to their respective agency for personnel administrative matters. The Participating Agency shall be responsible for the pay, overtime, leave, performance appraisals, and other personnel matters relating to its employees detailed to the FBI CUTF. The Participating Agency will, at their discretion, solicit input from the CUTF SSA for performance appraisals based on their employees' work on the CUTF. b. FBIHQ, including CIRG, will not provide funding for vehicles, fuel purchase cards, communication devices, or similar operational support items for CUTF operations. Any such costs must be borne by the FBI Field Office from its own resources, the Participating Agency, or through other applicable task force or interagency funding mechanisms. Personnel who serve on multiple FBI task forces concurrently may have access to equipment or resources provided through those other task force arrangements, subject to applicable policies and approvals. c. This MOU is not an obligation or commitment of funds nor a basis for a transfer of funds. Even where one of the Parties has agreed (or later does agree) to assume a particular financial responsibility, such Party's express written approval must be obtained before incurring any expense expected to be assumed by the other Party. All obligations and expenditures by the Parties will be subject to each Party's respective budgetary and fiscal processes and availability of funds pursuant to all CUTF—MO U_Template_v1.0_20260223_OGC-APPROVED Page 14 COUNTER-UAS TASK FORCE (CUTF) MEMORANDUM OF UNDERSTANDING applicable laws, regulations, and policies. The Parties acknowledge that there is no intimation, promise, or guarantee that funds will be available in future years. 22) TRAVEL a. All CUTF-related travel of non -FBI personnel requires the approval of the CUTF SSA and Participating Agency authorization prior to travel. To avoid delays in operational travel, the Participating Agency will provide general travel authority to all of its participating employees for the duration of the employee's membership in the CUTF. b. For domestic travel, CUTF personnel will be responsible for appropriate notifications within his or her Participating Agency, as well as standard FBI travel approvals and notification. The CUTF will obtain FBIHQ authorization and country clearances for CUTF personnel required to travel outside the United States. The FBI will pay costs for travel in accordance with the Federal Travel Regulations of all CUTF personnel to conduct investigations outside the field office or home agency territory. 23) FORFEITURE a. The FBI shall be responsible for processing assets seized for federal forfeiture in conjunction with CUTF operations. Civil judicial and criminal forfeiture are allowed under 6 U.S.C. § 124n. While it has been contemplated that the FBI would have administrative forfeiture authority, the regulations have not yet been enacted and DOJ has not yet authorized use of the statute for administrative forfeiture. 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 CUTF investigations may be equitably shared with the Participating Agency in accordance with applicable law and DOJ policy. 24) LIABILITY General a. The Parties acknowledge that this MOU does not alter applicable law governing any claim for civil liability arising out of any activity conducted pursuant to this MOU or otherwise relating to this MOU. DOJ may, in its discretion, determine on a case -by - case basis that an individual should be afforded legal representation, legal defense, or indemnification of a civil judgment, pursuant to federal law and DOJ policy and regulations. Common Law Tort Claims b. Congress has provided that the exclusive remedy for the negligent or wrongful actor omission of an employee of the U.S. Government, acting within the scope of his or CUTF—MO U_Template_v1.0_20260223_OGC-APPROVED Page 15 COUNTER-UAS TASK FORCE (CUTF) MEMORANDUM OF UNDERSTANDING her employment, shall be an action against the United States under the Federal Tort Claims Act (FTCA), 28 U.S.C. § 1346(b), and §§ 2671-2680. c. Notwithstanding any other provision contained in this MOU, for the limited purpose of defending civil claims arising out of CUTF operations, any individual detailed from a Participating Agency who is acting within the course and scope of his or her official duties and assignments pursuant to this MOU may be considered an "employee" of the U.S. government, as defined at 28 U.S.C. § 2671. See 5 U.S.C. § 3374(c)(2). d. Under the Federal Employee Liability Reform and Tort Compensation Act of 1998 (commonly known as the Westfall Act), see 28 U.S.C. § 2679(b)(1), 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 employment at the time of the incident giving rise to the suit. The United States can then be substituted for the employee as the sole defendant with respect to any tort claims alleged in the action. Decisions to certify that an employee was acting within the scope of his or her employment at the time of the incident giving rise to the suit, see 28 U.S.C. § 2679(d)(1)&(2), are made on a case -by -case basis, and such certification cannot be guaranteed. e. If the Attorney General declines to certify that an employee was acting within 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). Individual Caaacity Claims Under The U.S. Constitution or Federal Statutes f. Liability for violations of federal constitutional law may rest with the individual agent or officer pursuant to Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics, 403 U.S. 388 (1971). Other federal statutes may also allow for individual capacity claims against agents or officers acting under color of law. g. Federal officers enjoy qualified immunity from suit for alleged violations of the U.S. Constitution and most federal statutes that create an express or implied cause of action for damages "insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known." Harlow v. Fitzgerald, 457 U.S. 800, 818 (1982). h. If any Participating Agency's CUTF personnel is named as a defendant in his or her individual capacity in a civil action alleging constitutional damages as a result of conduct taken within the scope of CUTF-related duties, the individual may request representation by DOJ. 28 C.F.R. §§ 50.15, 50.16. i. An employee may be provided representation "when the actions for which representation is requested reasonably appear to have been performed within the scope of the employee's employment, and the Attorney General, or his or her designee, determines that providing representation would otherwise be in the interest of the United States." 28 C.F.R. § 50.15(a). CUTF—MO U_Template_v1.0_20260223_OGC-APPROVED Page 16 COUNTER-UAS TASK FORCE (CUTF) MEMORANDUM OF UNDERSTANDING j. A written request for representation by CUTF personnel should be directed to the Attorney General and provided to the Chief Division Counsel (CDC) of the FBI division coordinating the CUTF. The CDC will forward the representation request to the FBI's Office of the General Counsel (OGC), together with a letterhead memorandum concerning the factual basis of the lawsuit. FBI's OGC will then forward the request to the Civil Division of DOJ, together with an agency recommendation concerning scope of employment and DOJ representation. 28 C.F.R. § 50.15(a)(3). k. If any CUTF personnel is found to be liable for a constitutional tort, he or she may request indemnification from DOJ to satisfy an adverse judgment rendered against the employee in his or her individual capacity. 28 C.F.R. § 50.15(c)(4). The criteria for payment are substantially similar to those used to determine whether a federal employee is entitled to DOJ representation under 28 C.F.R. § 50.15(a). Determinations concerning legal representation and indemnification by the United States are discretionary and are made by DOJ on a case -by -case basis. The FBI cannot guarantee that the United States will provide legal representation, legal defense, or indemnification to any federal or state employee detailed to the CUTF, and nothing in this MOU shall be deemed to create any legal right on the part of any CUTF personnel. Express Reservations m. The Parties do not waive any applicable defenses and/or limitations on liability. n. Unless otherwise authorized by the FBI, liability for any conduct by CUTF personnel undertaken outside of the scope of their duties and assignments pursuant to their federal deputation on the CUTF shall not be the responsibility of the FBI or the United States. o. Neither the FBI nor the United States shall be responsible for any liability arising from the use of an FBI owned or leased vehicle by CUTF personnel while engaged in any conduct outside the scope of their duties and assignments pursuant to their federal deputation on the CUTF. p. To the extent permitted by applicable law, the Participating Agency 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 CUTF personnel which is outside the scope of their duties and assignments pursuant to their federal deputation on the CUTF. q. It is agreed that the officers, agents, employees, and/or volunteers of the FBI shall not be deemed employees of the Participating Agency for workers' compensation, other insurance coverage, or for any other purpose. CUTF—MO U_Template_v1.0_20260223_OGC-APPROVED Page 17 COUNTER-UAS TASK FORCE (CUTF) MEMORANDUM OF UNDERSTANDING 25) EFFECT OF THIS AGREEMENT a. This MOU does not constitute an agreement for any Party to assume or waive any liability or claim under any applicable law. b. This agreement is not intended to be enforceable in any court or administrative forum. The Parties will seek to resolve any disputes regarding this agreement by mutual consultation. c. This MOU supersedes all other MOUs entered into by these Parties that cover the same subject matter. 26) DISPUTE RESOLUTION In cases of overlapping jurisdiction, the Parties agree to work in concert to achieve the CUTF's mission and objectives. The Parties agree to attempt to resolve any disputes regarding jurisdiction, case assignments, workload, and other operational matters at the field level first before referring the matter to supervisory personnel for resolution. b. Disagreements between the FBI and the Participating Agency arising under or relating to this MOU will be resolved only by consultation between the participants and will not be referred to a court of law or to any other person or entity for settlement. The final authority to resolve any disputes will be the SAC of the Dallas Division and the designated head of the Participating Agency. 27) EFFECTIVE DATE, DURATION, AND TERMINATION This MOU shall be effective when executed by all Parties and will continue in effect until terminated. b. This MOU shall be reviewed every three years from its last signature date but may be terminated at any time upon written mutual consent of the FBI and the Participating Agency. This MOU will remain in effect until it is terminated by written mutual consent of the FBI and Participating Agency, or until such time a new MOU is executed between the FBI and the Participating Agency. c. Any Participating Agency may withdraw from the CUTF at any time by written notification to the SAC at least 60 days prior to withdrawal. d. Upon termination of this MOU, all equipment provided to the CUTF will be returned to the supplying Party. When a Participating Agency withdraws from the MOU, the Participating Agency will return equipment to the supplying Party. e. This MOU shall be reviewed by the designated Points of Contact for all Parties, and the FBI Chief Division Counsel, no later than every three years from the last signature date to determine whether this MOU should be revised, continued, or canceled. CUTF—MO U_Template_v1.0_20260223_OGC-APPROVED Page 18 COUNTER-UAS TASK FORCE (CUTF) MEMORANDUM OF UNDERSTANDING 28) MODIFICATIONS a. This agreement in no manner affects any existing agreements with the FBI or any other agency. This agreement may be amended only by mutual written consent of the Parties. The modifications shall have no force or effect unless such modifications are reduced to writing and signed by an authorized representative of the FBI and the Participating Agency. 29) SIGNATORIES FBI Dallas Field Office: By: Name: R. Joseph Rothrock Title: Special Agent in Charge Date: City: Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and By: administration of this contract, including Name: William Johnson ensuring all perforinance and reporting Title: Assistant City Manager requirements. 06/03/2026 Date: &ZL,.t�' 0ao Kathryn Agee (J . 2026 1 . 1:08 CDT) By: Approved as to Form and Legality: Name: Kathryn Agee Title: Senior Management Analyst By: Keanail tth all (Jun 2. 2026 11:10:21 CDT) FpgtgYp City Secretary: °�a,� Name: Keanan Matthews Hall g€ ono Title: Senior Assistant City Attorney O aoan�ap�a„a By: Name: Jannette S. Goodall Contract Authorization: Title: City Secretary M&C: N/A Police Department: By: 'UNMA4 Dayjd Carab al (Jun 3, 2026 06:15:48 CDT) Name: David Carabajal Title: Executive Assistant Chief 06/03/2026 Date: OFFICIAL RECORD CITY SECRETARY CUTF_MOU_Template_v1.0_20260223_OGC-APPROVED FT. WORTH, TX Page 19 FORT WORTH. City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: Federal Bureau of Investigation (FBI) Subject of the Agreement: Counter-UAS Task Force MOU to be executed prior to FIFA 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 "Permanent"? *Yes ❑ No 8 If unsure, see back page for permanent 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. Effective Date: Upon ACM signature If different from the approval date. Expiration Date: Three years following 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. Project 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 processing in the following 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.