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HomeMy WebLinkAbout2018 CON MOU Federal Bureau of Investigation FBI - East County Regional Gang Task Force - Safe Streets Task Force (ECRGTF-SSTF)NOTE TO FILE 07-31-2019 IN THE MATTER OF: The 2018 MOU Federal Bureau of Investigation (FBI) East County Regional Gang Task Force, Safe Streets Task Force (ECRGTF- SSTF). Please note the following: NO FULLY EXECUTED ORIGINAL MOU AGREEMENT WAS FILED WITH THE OFFICE OF THE CITY CLERK. ORIGINATING DEPARTMENT: NTF CDC Housing & Economic Development City Attorney _ Human Resources City Manager MIS Community Svcs. Planning Eng/PW X Police Finance Fire CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT ego 665- 3-12 - a1EETING DATE: June 19, 2018 AGENDA ITEM NO. 8 ITEM TITLE: Resolution of the City Council of the City of National City authorizing the Chief of Police to sign a Memorandum of Understanding with the Federal Bureau of Investigation (FBI) to participate in the East County Regional Gang Task Force (ECRGTF) — Safe Streets Task Force (SSTF), 2) authorizing the acceptance of funds, and 3) authorizing the establishment of an appropriation and corresponding revenue budget for overtime up to the amount of $17,548 per fiscal year. The ECRGTF-SSTF conducts criminal investigations to identify and target criminal enterprise groups responsible for drug trafficking, money laundering and crimes of violence to include robbery and homicide. The ECRGTF require MOUs with the FBI and the San Diego County Sheriff's Department. PREPARED BY: Manuel Rodriguez, Chief of Police PHONE: Ext.4511 EXPLANATION: DEPARTMENT: Police APPROVED BY: If the Resolution is approved by the City Council, it will allow the Chief of Police to sign a Memorandum o nderstanding with the FBI to participate in the East County Regional Gang Task Force — Safe Streets Task Force (EC TF-SSTF). The FBI and the County of San Diego oversee the task force and both require separate MOUs. This resolution is to sign the MOU with the FBI. The ECRGTF-SSTF will identify and target for prosecution criminal enterprise groups responsible for crimes of violence and the apprehension of dangerous fugitives where there may be a federal interest. In addition, the ECRGTF-SSTF will enhance the effectiveness of the federal/state/local law enforcement resources through well -coordinated information sharing/investigative/prosecutorial avenues. The National City Police Department will dedicate one Police Investigator to the task force. For the purposes of the MOU, each participating agency is responsible for providing its respective personnel assigned to the ECRGTF-SSFT with salaries, anefits and overtime. Overtime will be reimbursed up to the amount of $17,548 per year as set forth by the Notice of Limits it State and Local Overtime Reimbursements. In furtherance, the assigned Investigator will be provided the use of a FBI owned vehicle during the time that investigator is assigned to the ECRGTF-SSTF. The duration of the MOU is ongoing, contingent to funding for the program. FINANCIAL STATEMENT: ACCOUNT NO. Revenue: 290-11663-3470 Expense: 290-411-663-1 * APPROVED: ` I Finance APPROVED: (Other State Grants) $17,548 (Personnel) $17,548 No net financial impact. Revenues off -set expenses. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: MIS STAFF RECOMMENDATION: Approve Resolution. BOARD / COMMISSION RECOMMENDATION: .TTACHMENTS: FBI MOU Resolution We so -rosi `Zia .2eli{- FOR OFFICIAL USE ONLY 1 FEDERAL BUREAU OF INVESTIGATION EAST COUNTY REGIONAL GANG TASK FORCE (ECRGTF) SAFE STREETS TASK FORCE (SSTF) MEMORANDUM OF UNDERSTANDING PARTIES This Memorandum of Understanding (MOU) is entered into by and between the Federal Bureau of Investigation (FBI) and the National City Police Department (NCPD). Nothing in this MOU should be construed as limiting or impeding the basic spirit of cooperation which exists between these agencies. AUTHORITIES 1. Authority for the FBI to enter into this agreement can be found at Title 28, United States Code (U.S.C.), Section (§) 533; 42 U.S.C. § 3771; Title 28, Code of Federal Regulations (C.F.R.), § 0.85; and applicable United States Attorney General's Guidelines. PURPOSE 2. The purpose of this MOU is to delineate the responsibilities of the East County Regional Gang Task Force participants, maximize inter -agency cooperation, and formalize relationships between the participating agencies for policy guidance, planning, training, public and media relations. This MOU is not intended, and should not be construed, to create any right or benefit, substantive or procedural, enforceable at law or otherwise by any third party against the parties, the United States, or the officers, employees, agents, or other associated personnel thereof. MISSION 3. The mission of the SSTF is to identify and target for prosecution criminal enterprise groups responsible for drug trafficking, money laundering, alien smuggling, crimes of violence such as murder and aggravated assault, robbery, and violent street gangs, as well as to intensely focus on the apprehension of dangerous fugitives where there is or may be a federal investigative interest. The SSTF will enhance the effectiveness of federal/state/local law enforcement resources through a well -coordinated initiative seeking the most effective investigative/prosecutive avenues by which to convict and incarcerate dangerous offenders. SUPERVISION AND CONTROL A. Supervision 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. FOR OFFICIAL USE ONLY 2 4. Overall management of the SSTF shall be the shared responsibility of the participating agency heads and/or their designees. 5. The Special Agent in Charge (SAC) of the San Diego Division shall designate one Supervisory Special Agent (SSTF Supervisor) to supervise the SSTF. The SSTF Supervisor may designate a Special Agent to serve as the Safe Streets Task Force Coordinator (Task Force Coordinator), overseeing the day-to-day operational and investigative matters pertaining to the SSTF. 6. Responsibility for conduct, not under the direction of the SAC, SSTF Supervisor, or Task Force Coordinator of each SSTF member, both personally and professionally, shall remain with the respective agency head and each agency shall be responsible for the actions of its respective employees. 7. Each SSTF member will be subject to the laws, regulations, policies, and personnel rules applicable to his or her respective agency. FBI participants will continue to adhere to the Bureau's ethical standards, including Department of Justice (DOJ)/FBI regulations relating to outside employment and prepublication review matters, and will remain subject to the Supplemental Standards of Ethical Conduct for employees of the DOJ. 8. Each SSTF member will continue to report to his or her respective agency head for non -investigative administrative matters not detailed in this MOU. 9. Continued assignment to the SSTF will be based on performance and at the discretion of each SSTF member's respective supervisor. The FBI SAC and SSTF Supervisor will also retain discretion to remove any member from the SSTF. B. Case Assignments 10. The FBI SSTF Supervisor will be responsible for opening, monitoring, directing, and closing SSTF investigations in accordance with existing FBI policy and the applicable United States Attorney General's Guidelines. 11. Assignments of cases to personnel will be based on, but not limited to, experience, training and performance, in addition to the discretion of the SSTF Supervisor. 12. For FBI administrative purposes, SSTF cases will be entered into the relevant FBI computer system. 13. SSTF members will have equal responsibility for each case assigned. SSTF personnel will be totally responsible for the complete investigation from predication to resolution. C. Resource Control 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 Headuarters. FOR OFFICIAL USE ONLY 3 14. The head of each participating agency shall determine the resources to be dedicated by that agency to the SSTF, including personnel, as well as the continued dedication of those resources. The participating agency head or designee shall be kept fully apprised of all investigative developments by his or her subordinates. OPERATIONS A. Investigative Exclusivity 15. It is agreed that matters designated to be handled by the SSTF will not knowingly be subject to non-SSTF law enforcement efforts by any of the participating agencies. It is incumbent on each agency to make proper internal notification regarding the SSTF's existence and areas of concern. 16. It is agreed that there is to be no unilateral action taken on the part of the FBI or participating agencies relating to SSTF investigations or areas of concern as described in paragraph 3. All law enforcement actions will be coordinated and cooperatively carried out. 17. SSTF investigative leads outside of the geographic areas of responsibility for FBI San Diego Division will be communicated to other FBI offices for appropriate investigation. B. Informants 18. The disclosure of FBI informants to non-SSTF members will be limited to those situations where it is essential to the effective performance of the SSTF. These disclosures will be consistent with applicable FBI guidelines. 19. Non -FBI SSTF members may not make any further disclosure of the identity of an FBI informant, including to other members of the SSTF. No documents which identify, tend to identify, or may indirectly identify an FBI informant may be released without prior FBI approval. 20. In those instances where a participating agency provides an informant, the FBI may, at the discretion of the SAC, become solely responsible for the informant's continued development, operation, and compliance with necessary administrative procedures regarding operation and payment as set forth by the FBI. 21. The United States Attorney General's Guidelines and FBI policy and procedure for operating FBI informants and cooperating witnesses (CWs) shall apply to all FBI informants and CWs opened and operated in furtherance of SSTF investigations. Documentation of, and any payments made to, FBI informants and CWs shall be in accordance with FBI policy and procedure. 22. Operation, documentation, and payment of solely state, county, or local informants and CWs opened and operated by non -FBI SSTF members in furtherance of SSTF 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. FOR OFFICIAL USE ONLY 4 investigations must be in accordance with the United States Attorney General's Guidelines. Documentation of state, county, or local informants and CWs opened and operated in furtherance of SSTF investigations shall be maintained at an agreed to location. C. Reports and Records 23. All investigative reporting will be prepared in compliance with existing FBI policy. Subject to pertinent legal and/or policy restrictions, copies of pertinent documents created by each member of the SSTF will be made available for inclusion in the respective investigative agencies' files as appropriate. 24. SSTF reports prepared in cases assigned to state, county, or local participants will be maintained at an FBI approved location; original documents will be maintained by the FBI. 25. Records and reports generated in SSTF cases which are opened and assigned by the FBI SSA with designated oversight for investigative and personnel matters will be maintained in the FBI investigative file for SSTF. 26. SSTF investigative records maintained at the San Diego Field Office of the FBI will be available to all SSTF members, as well as their supervisory and command staff subject to pertinent legal, administrative and/or policy restrictions. 27. All evidence and original tape recordings (audio and video) acquired by the FBI during the course of the SSTF investigations will be maintained by the FBI. The FBI's rules and policies governing the submission, retrieval and chain of custody will be adhered to by SSTF personnel. 28. All SSTF investigative records will be maintained at an approved FBI location. Placement of all or part of said information into participating agency files rests with the discretion of supervisory personnel of the concerned agencies, subject to SSA approval. 29. Classified information and/or documents containing information that identifies or tends to identify an FBI informant shall not be placed in the files of participating agencies unless appropriate FBI policy has been satisfied. 30. The Parties acknowledge that the information that members will be able to access as a result of this MOU may contain information about U.S. persons, which may be protected by the Privacy Act of 1974 and/or Executive Order 12333. The Parties expressly agree that all such information will be handled lawfully pursuant to the provisions thereof. The Parties further agree that if this access to information by the members requires a change in privacy compliance documents, those changes will be accomplished prior to access being granted. 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. FOR OFFICIAL USE ONLY 5 INFORMATION SHARING 31. No information possessed by the FBI, to include information derived from informal communications by the SSTF member with personnel of the FBI, may be disseminated by the SSTF member to non-SSTF personnel without the approval of the SSTF Supervisor and in accordance with the applicable laws and internal regulations, procedures or agreements between the FBI and the participating agencies that would permit the participating agencies to receive that information directly. Likewise, the SSTF member will not provide any participating agency information to the FBI that is not otherwise available to it unless authorized by appropriate participating agency officials. PROSECUTIONS 32. SSTF investigative procedures, whenever practicable, are to conform to the requirements which would allow for either federal or state prosecution. 33. A determination will be made on a case -by -case basis whether the prosecution of SSTF cases will be at the state or federal level. This determination will be based on the evidence obtained and a consideration of which level of prosecution would be of the greatest benefit to the overall objectives of the SSTF. 34. 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 SSTF case at the state or local level, the FBI agrees to provide all relevant information to state and local authorities in accordance with all applicable legal limitations. A. Investigative Methods/Evidence 35. For cases assigned to an FBI Special Agent or in which FBI informants or CWs are utilized, the parties agree to conform to federal standards concerning evidence collection, processing, storage, and electronic surveillance. However, in situations where the investigation will be prosecuted in the State Court where statutory or common law of the state is more restrictive than the comparable federal law, the investigative methods employed by FBI case agents shall conform to the requirements of such statutory or common law pending a decision as to venue for prosecution. 36. In all cases assigned to state, county, or local law enforcement participants, the parties agree to utilize federal standards pertaining to evidence handling and electronic surveillance activities as outlined in the Domestic Investigations and Operations Guide to the greatest extent possible. However, in situations where the statutory or common law of the state is more restrictive than the comparable federal law, the investigative methods employed by state and local law enforcement agencies shall conform to the requirements of such statutory or common law pending a decision as to venue for prosecution. 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. FOR OFFICIAL USE ONLY 6 37. The use of other investigative methods (search warrants, interceptions of oral communications, etc.) and reporting procedures in connection therewith will be consistent with the policies and procedures of the FBI. B. Undercover Operations 38. All SSTF undercover operations will be conducted and reviewed in accordance with FBI guidelines and the Attorney General's Guidelines on Federal Bureau of Investigation Undercover Operations. All participating agencies may be requested to enter into an additional agreement if a member of the participating agency is assigned duties which require the officer to act in an undercover capacity. DEADLY FORCE AND SHOOTING INCIDENT POLICIES 39. Members of the SSTF will follow their own agency's policy concerning firearms discharge and use of deadly force. DEPUTATIONS 40. Local and state law enforcement personnel designated to the SSTF, subject to a limited background inquiry, may be sworn as federally deputized Special Deputy United States Marshals, with the FBI securing the required deputation authorization. These deputations should remain in effect throughout the tenure of each investigator's assignment to the SSTF or until the termination of the SSTF, whichever comes first. 41. Deputized SSTF members will be subject to the rules and regulations pertaining to such deputation. Administrative and personnel policies imposed by the participating agencies will not be voided by deputation of their respective personnel. VEHICLES 42. In furtherance of this MOU, employees of LEA may be permitted to drive FBI owned or leased vehicles for official SSTF business and only in accordance with applicable FBI rules and regulations, including those outlined in the FBI Manual of Administrative Operations and Procedures (MAOP), Part I, Section 3.1. The assignment of an FBI owned or leased vehicle to a LEA SSTF member will require the execution of a separate Vehicle Use Agreement. 43. The participating agencies agree that FBI vehicles will not be used to transport passengers unrelated to SSTF business. 44. The FBI and the United States will not be responsible for any tortious act or omission on the part of LEA and/or its employees or for any liability resulting from the use of an FBI owned or leased vehicle utilized by an LEA SSTF member, except where liability may fall under the provisions of the Federal Tort Claims Act (FTCA), as discussed in the Liability Section herein below. 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. FOR OFFICIAL USE ONLY 7 45. The FBI and the United States shall not be responsible for any civil liability arising from the use of an FBI owned or leased vehicle by an LEA task force member while engaged in any conduct other than his or her official duties and assignments under this MOU. 46. To the extent permitted by applicable law, LEA agrees to hold harmless the FBI and the United States, for any claim for property damage or personal injury arising from any use of an FBI owned or leased vehicle by an LEA SSTF member which is outside the scope of his or her official duties and assignments under this MOU. SALARY/OVERTIME COMPENSATION 47. The FBI and LEA remain responsible for all personnel costs for their SSTF representatives, including salaries, overtime payments and fringe benefits consistent with their respective agency, except as described in paragraph 48 below. 48. Subject to funding availability and legislative authorization, the FBI will reimburse to LEA the cost of overtime worked by non-federal SSTF members assigned full-time to SSTF, provided overtime expenses were incurred as a result of SSTF-related duties, and subject to the provisions and limitations set forth in a separate Cost Reimbursement Agreement to be executed in conjunction with this MOU. A separate Cost Reimbursement Agreement must be executed between the FBI and LEA for full-time employee(s) assigned to SSTF, consistent with regulations and policy, prior to any reimbursement by the FBI. Otherwise, overtime shall be compensated in accordance with applicable LEA overtime provisions and shall be subject to the prior approval of appropriate personnel. PROPERTY AND EQUIPMENT 49. Property utilized by the SSTF in connection with authorized investigations and/or operations and in the custody and control and used at the direction of the SSTF, will be maintained in accordance with the policies and procedures of the agency supplying the equipment. Property damaged or destroyed which was utilized by SSTF in connection with authorized investigations and/or operations and is in the custody and control and used at the direction of SSTF, will be the financial responsibility of the agency supplying said property. FUNDING 50. This MOU is not an obligation or commitment of funds, nor a basis for transfer of funds, but rather is a basic statement of the understanding between the parties hereto of the tasks and methods for performing the tasks described herein. Unless otherwise agreed in writing, each party shall bear its own costs in relation to this MOU. Expenditures by each party will be subject to its budgetary processes and to the availability of funds and resources pursuant to applicable laws, regulations, and policies. The parties expressly acknowledge that the above language in no way implies that Congress will appropriate funds for such expenditures. 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. FOR OFFICIAL USE ONLY 8 FORFEITURES 51. The FBI shall be responsible for processing assets seized for federal forfeiture in conjunction with SSTF operations. 52. 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 SSTF investigations may be equitably shared with the agencies participating in the SSTF. DISPUTE RESOLUTION 53. In cases of overlapping jurisdiction, the participating agencies agree to work in concert to achieve the SSTF's objectives. 54. The participating agencies agree to attempt to resolve any disputes regarding jurisdiction, case assignments, workload, etc., at the field level first before referring the matter to supervisory personnel for resolution. MEDIA RELEASES 55. All media releases and statements will be mutually agreed upon and jointly handled according to FBI and participating agency guidelines. 56. Press releases will conform to DOJ Guidelines regarding press releases. No release will be issued without FBI final approval. SELECTION TO SSTF AND SECURITY CLEARANCES 57. If an LEA candidate for the SSTF will require a security clearance, he or she will be contacted by FBI security personnel to begin the background investigation process prior to the assigned start date. 58. If, for any reason, the FBI determines that an LEA candidate is not qualified or eligible to serve on the SSTF, the participating agency will be so advised and a request will be made for another candidate. 59. Upon being selected, each candidate will receive a comprehensive briefing on FBI field office security policies and procedures. During the briefing, each candidate will execute non -disclosure agreements (SF-312 and FD-868), as may be necessary or required by the FBI. 60. Before receiving unescorted access to FBI space identified as an open storage facility, SSTF members will be required to obtain and maintain a "Top Secret" security clearance. SSTF members will not be allowed unescorted access to FBI space unless they have received a Top Secret security clearance. 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. FOR OFFICIAL USE ONLY 9 61. Upon departure from the SSTF, each candidate will be given a security debriefing and reminded of the provisions contained in the non -disclosure agreement previously agreed to by the SSTF member. LIABILITY 62. The participating agencies acknowledge that this MOU does not alter the applicable law governing civil liability, if any, arising from the conduct of personnel assigned to the SSTF. 63. The participating agency shall immediately notify the FBI of any civil, administrative, or criminal claim, complaint, discovery request, or other request for information of which the agency receives notice, concerning or arising from the conduct of personnel assigned to the SSTF or otherwise relating to the SSTF. The participating agency acknowledges that financial and civil liability, if any and in accordance with applicable law, for the acts and omissions of each employee detailed to the SSTF remains vested with his or her employing agency. In the event that a civil claim or complaint is brought against a state or local officer assigned to the SSTF, the officer may request legal representation and/or defense by DOJ, under the circumstances and pursuant to the statutes and regulations identified below. 64. For the limited purpose of defending against a civil claim arising from alleged negligent or wrongful conduct under common law under the FTCA, 28 U.S.C. § 1346(b), and §§ 2671-2680: An officer who has been specially deputized and who is named as a defendant in a civil action as a result of or in connection with the performance of his or her official duties and assignments pursuant to this MOU may request to be certified by the Attorney General or his designee as having acted within the scope of federal employment at the time of the incident giving rise to the suit. 28 U.S.C. § 2679(d)(2). Upon such certification, the officer will be considered an "employee" of the United States government for the limited purpose of defending the civil claim under the FTCA, and the claim will proceed against the United States as sole defendant. 28 U.S.C. § 2679(d)(2). Once an individual is certified as an employee of the United States for purposes of the FTCA, the United States is substituted for the employee as the sole defendant with respect to any tort claims. Decisions regarding certification of employment under the FTCA are made on a case -by -case basis, and the FBI cannot guarantee such certification to any SSTF member. 65. For the limited purpose of defending against a civil claim arising from an alleged violation of the U.S. Constitution pursuant to 42 U.S.C. § 1983 or Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics, 403 U.S. 388 (1971): An officer who has been specially deputized and who is named as a defendant in a civil action as a result of or in connection with the performance of his or her official duties and assignments pursuant to this MOU may request individual -capacity representation by DOJ to defend against the claims. 28 C.F.R. §§ 50.15, 50.16. Any such request for individual -capacity representation must be made in the form of a letter from the individual defendant to the U.S. Attorney General. The letter should be provided to Chief Division Counsel (CDC) for the FBI San Diego Division, who will then 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. FOR OFFICIAL USE ONLY 10 coordinate the request with the FBI Office of the General Counsel. In the event of an adverse judgment against the individual officer, he or she may request indemnification from DOJ. 28 C.F.R. § 50.15(c)(4). Requests for DOJ representation and indemnification are determined by DOJ on a case -by -case basis. The FBI cannot guarantee the United States will provide legal representation or indemnification to any federal, state or local law enforcement officer. 66. Liability for any conduct by an SSTF member undertaken outside of the scope of his or her assigned duties and responsibilities under this MOU shall not be the responsibility of the FBI or the United States and shall be the sole responsibility of the respective employee and/or agency involved. DURATION 67. The term of this MOU is for the duration of the SSTF's operations, contingent upon approval of necessary funding, but may be terminated at any time upon written mutual consent of the agency involved. 68. Any participating agency may withdraw from the SSTF at any time by written notification to the SSA with designated oversight for investigative and personnel matters or program manager of the SSTF at least 30 days prior to withdrawal. 69. Upon termination of this MOU, all equipment provided to the SSTF will be returned to the supplying agency/agencies. In addition, when an entity withdraws from the MOU, the entity will return equipment to the supplying agency/agencies. Similarly, remaining agencies will return to a withdrawing agency any unexpended equipment supplied by the withdrawing agency during any SSTF participation. MODIFICATIONS 70. This agreement may be modified at any time by written consent of all involved agencies. 71. 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. 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. FOR OFFICIAL USE ONLY 11 SIGNATORIES John A. Brown Special Agent in Charge San Diego Division Federal Bureau of Investigation Manuel Rodriguez Chief National City Police Department Law Enforcement Agency Chief Division Counsel San Diego Division Federal Bureau of Investigation Date Date Date 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. RESOLUTION NO. 2018 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CHIEF OF POLICE TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH THE FEDERAL BUREAU OF INVESTIGATION (FBI) TO PARTICIPATE IN THE EAST COUNTY REGIONAL GANG TASK FORCE — SAFE STREETS TASK FORCE, AUTHORIZING THE ACCEPTANCE OF FUNDS THE ESTABLISHMENT OF AN APPROPRIATION AND CORRESPONDING REVENUE BUDGET FOR OVERTIME UP TO THE AMOUNT OF $17,548 PER FISCAL YEAR WHEREAS, a Memorandum of Understanding ("MOU") with the Federal Bureau of Investigation ("FBI") is required for the National City Police Department to participate in the East County Regional Gang Task Force — Safe Streets Task Force (ECRGTF-SSTF); and WHEREAS, the FBI and the County of San Diego County Sheriff's Department oversee the task force and both require separate MOUs; and WHEREAS, the ECRGTF-SSTF identifies and targets criminal enterprise groups responsible for crimes of violence for prosecution and the apprehension of dangerous fugitives where there may be a federal interest; and WHEREAS, the ECRGTF-SSTF will enhance the effectiveness of the federal, state, local law enforcement resources through well -coordinated information sharing, investigative, and prosecutorial avenues; and WHEREAS, for the purposes of the MOU, each participating agency is responsible for providing its respective personnel assigned to the ECRGTF-SSFT with salaries, benefits and overtime; and WHEREAS, overtime will be reimbursed up to the amount of $17,548 per year as set forth by the Notice of Limits for State and Local Overtime Reimbursements; and WHEREAS, the National City Police Department will dedicate one Police Investigator to the task force who will be provided the use of a FBI -owned vehicle during the time that the police investigator is assigned to the ECRGTF-SSTF; and WHEREAS, the duration of the MOU is ongoing, contingent to funding for the program. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Chief of Police to execute a Memorandum of Understanding with the Federal Bureau of Investigation (FBI) to participate in the East County Regional Gang Task Force (ECRGTF) — Safe Streets Task Force (SSTF). BE IT FURTHER RESOLVED that the City Council hereby authorizes the acceptance of funds and the establishment of an appropriation and corresponding revenue budget for overtime up to the amount of $17,548 per fiscal year. [Signature Page to Follow] Resolution No. 2018 — Page Two PASSED AND ADOPTED this 19th day of June, 2018. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney Ron Morrison, Mayor RESOLUTION NO. 2018 — 87 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CHIEF OF POLICE TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH THE FEDERAL BUREAU OF INVESTIGATION (FBI) TO PARTICIPATE IN THE EAST COUNTY REGIONAL GANG TASK FORCE — SAFE STREETS TASK FORCE, AUTHORIZING THE ACCEPTANCE OF FUNDS THE ESTABLISHMENT OF AN APPROPRIATION AND CORRESPONDING REVENUE BUDGET FOR OVERTIME UP TO THE AMOUNT OF $17,548 PER FISCAL YEAR WHEREAS, a Memorandum of Understanding ("MOU") with the Federal Bureau of Investigation ("FBI") is required for the National City Police Department to participate in the East County Regional Gang Task Force — Safe Streets Task Force (ECRGTF-SSTF); and WHEREAS, the FBI and the County of San Diego County Sheriff's Department oversee the task force and both require separate MOUs; and WHEREAS, the ECRGTF-SSTF identifies and targets criminal enterprise groups responsible for crimes of violence for prosecution and the apprehension of dangerous fugitives where there may be a federal interest; and WHEREAS, the ECRGTF-SSTF will enhance the effectiveness of the federal, state, local law enforcement resources through well -coordinated information sharing, investigative, and prosecutorial avenues; and WHEREAS, for the purposes of the MOU, each participating agency is responsible for providing its respective personnel assigned to the ECRGTF-SSFT with salaries, benefits and overtime; and WHEREAS, overtime will be reimbursed up to the amount of $17,548 per year as set forth by the Notice of Limits for State and Local Overtime Reimbursements; and WHEREAS, the National City Police Department will dedicate one Police Investigator to the task force who will be provided the use of a FBI -owned vehicle during the time that the police investigator is assigned to the ECRGTF-SSTF; and WHEREAS, the duration of the MOU is ongoing, contingent to funding for the program. NOW, THEREFORE, BE IT RESOLVED that the City Cou ncil of the City of National City hereby authorizes the Chief of Police to execute a Memorandum of Understanding with the Federal Bureau of Investigation (FBI) to participate in the East County Regional Gang Task Force (ECRGTF) — Safe Streets Task Force (SSTF). BE IT FURTHER RESOLVED that the City Council hereby authorizes the acceptance of funds and the establishment of an appropriation and corresponding revenue budget for overtime up to the amount of $17,548 per fiscal year. [Signature Page to Follow] Resolution No. 2018 — 87 Page Two PASSED AND ADOPTED this 19th day of June018. ATTEST: 1.e'' Micha R. Ila, y Clerk APPROVED AS TO FORM: Morris -Jo orney on Morrison, Mayor Passed and adopted by the Council of the City of National City, California, on June 19, 2018 by the following vote, to -wit: Ayes: Councilmembers Cano, Mendivil, Morrison, Rios, Sotelo-Solis. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California City Clerk of the City of National City, California By: I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2018-87 of the City of National City, California, passed and adopted by the Council of said City on June 19, 2018. City Clerk of the City of National City, California By: Deputy