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HomeMy WebLinkAbout2019 CON MOU Federal Bureau of Investigation FBI - San Diego Violent Crimes/Bank Robbery Task Force (SDVCTF)NOTE TO FILE 02-17-2020 IN THE MATTER OF: The Memorandum of Understanding (MOU) between the Federal Bureau of Investigation (FBI) and the National City Police Department for the San Diego Violent Crimes/Bank Robbery Task Force (SDVCTF) and cost reimbursement. Please note the following: NO ORIGINAL FULLY EXECUTED MOU WAS FILED WITH THE OFFICE OF THE CITY CLERK. A PARTIALLY EXECUTED COPY OF THE MOU IS ON FILE. ORIGINATING DEPARTMENT: NTF CDC Housing & Economic Development City Attorney Human Resources City Manager MIS Community Svcs. Planning X Police Engineering/Public Works _ Finance Neighborhood Services Building Fire FOR OFFICIAL USE ONLY FEDERAL BUREAU OF INVESTIGATION SAN DIEGO VIOLENT CRIMES / ROBBERY TASK FORCE MEMORANDUM OF UNDERSTANDING PARTIES 1. This Memorandum of Understanding (MOU) is entered into by and between the Federal Bureau of Investigation (FBI) and the National City Police Department (LEA). Nothing in this MOU should be construed as limiting or impeding the basic spirit of cooperation which exists between these agencies. AUTHORITIES 2. Authority for the FBI to enter into this agreement can be found at Title 28, United States Code (U.S.C.), Section (§) 533; 42 U.S.C. § 3771; Title 28, Code of Federal Regulations (C.F.R.), § 0.85; and applicable United States Attorney General's Guidelines. PURPOSE 3. The purpose of this MOU is to delineate the responsibilities of San Diego Violent Crimes / Bank Robbery Task Force (SDVCTF) personnel formalize relationships between participating agencies for policy guidance, planning, training, public and media relations; and maximize interagency cooperation. This MOU is not intended, and should not be construed, to create any right or benefit, substantive or procedural, enforceable at law or otherwise by any third party against the parties, the United States, or the officers, employees, agents, or other associated personnel thereof. MISSION 4. The mission of the VCTF 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 VCTF 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. 1 FOR OFFICIAL USE ONLY 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. SUPERVISION AND CONTROL A. Supervision 5. Overall management of the VCTF shall be the shared responsibility of the participating agency heads and/or their designees. 6. The Special Agent in Charge (SAC) of the San Diego Division shall designate one Supervisory Special Agent (VCTF Supervisor) to supervise the VCTF. The VCTF Supervisor may designate a Special Agent to serve as the Violent Crime Task Force Coordinator (Task Force Coordinator). Either the VCTF Supervisor or the Task Force Coordinator shall oversee day-to-day operational and investigative matters pertaining to the VCTF. 7. Conduct undertaken outside the scope of an individual's VCTF duties and assignments under this MOU shall not fall within the oversight responsibility of the VCTF Supervisor or Task Force Coordinator. As stated in paragraph 74, below, neither the United States nor the FBI shall be responsible for such conduct. 8. VCTF personnel will be subject to the laws, regulations, policies, and personnel rules applicable to their respective agencies. FBI employees 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. 9. VCTF personnel will continue to report to their respective agency heads for non - investigative administrative matters not detailed in this MOU. 10. Continued assignment of personnel to the VCTF will be based on performance and at the discretion of appropriate management. The FBI SAC and VCTF Supervisor will also retain discretion to remove any individual from the VCTF. B. Case Assignments 11. The FBI VCTF Supervisor will be responsible for opening, monitoring, directing, and closing VCTF investigations in accordance with existing FBI policy and the applicable United States Attorney General's Guidelines. 12. Assignments of cases to personnel will be based on, but not limited to, experience, training and performance, in addition to the discretion of the VCTF Supervisor. 2 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 13. For FBI administrative purposes, VCTF cases will be entered into the relevant FBI computer system. 14. VCTF personnel will have equal responsibility for each case assigned. VCTF personnel will be responsible for complete investigation from predication to resolution. C. Resource Control 15. The head of each participating agency shall determine the resources to be dedicated by that agency to the VCTF, 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 16. It is agreed that matters designated to be handled by the VCTF will not knowingly be subject to non-VCTF law enforcement efforts by any of the participating agencies. It is incumbent on each agency to make proper internal notification regarding the VCTF's existence and areas of concern. 17. It is agreed that there is to be no unilateral action taken on the part of the FBI or any participating agency relating to VCTF investigations or areas of concern as described in paragraph 3. All law enforcement actions will be coordinated and cooperatively carried out. 18. VCTF investigative leads outside of the geographic areas of responsibility for FBI Southern Division will be communicated to other FBI offices for appropriate investigation. B. Confidential Human Sources 19. The disclosure of FBI informants, or Confidential Human Sources (CHSs), to non-VCTF personnel will be limited to those situations where it is essential to the effective performance of the VCTF. These disclosures will be consistent with applicable FBI guidelines. 20. Non -FBI VCTF personnel may not make any further disclosure of the identity of an FBI CHS, including to other individuals assigned to the VCTF. No documents which identify, tend to identify, or may indirectly identify an FBI CHS may be released without prior FBI approval. 3 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 21. In those instances where a participating agency provides a CHS, the FBI may, at the discretion of the SAC, become solely responsible for the CHS's continued development, operation, and compliance with necessary administrative procedures regarding operation and payment as set forth by the FBI. 22. The United States Attorney General's Guidelines and FBI policy and procedure for operating FBI CHSs shall apply to all FBI CHSs opened and operated in furtherance of VCTF investigations. Documentation of, and any payments made to, FBI CHSs shall be in accordance with FBI policy and procedure. 23. Operation, documentation, and payment of any CHS opened and operated in furtherance of a VCTF investigation must be in accordance with the United States Attorney General's Guidelines, regardless of whether the handling agency is an FBI VCTF participating agency. Documentation of state, county, or local CHSs opened and operated in furtherance of VCTF investigations shall be maintained at an agreed upon location. C. Reports and Records 24. 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 VCTF personnel will be made available for inclusion in the respective investigative agencies' files as appropriate. 25. VCTF reports prepared in cases assigned to VCTF personnel will be maintained at an FBI approved location; original documents will be maintained by the FBI. 26. Records and reports generated in VCTF 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 VCTF. 27. VCTF investigative records maintained at the San Diego Field Office of the FBI will be available to all VCTF personnel, as well as their supervisory and command staff subject to pertinent legal, administrative and/or policy restrictions. 28. All evidence and original tape recordings (audio and video) acquired by the FBI during the course of the VCTF 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 VCTF personnel. 29. All VCTF 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. 4 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 30. Classified information and/or documents containing information that identifies or tends to identify an FBI CHS shall not be placed in the files of participating agencies unless appropriate FBI policy has been satisfied. 31. The Parties acknowledge that this MOU may provide VCTF personnel with access to information about U.S. persons which is protected by the Privacy Act of 1974 and/or Executive Order 12333. The Parties expressly agree that all such information will be handled lawfully pursuant to the provisions thereof. The Parties further agree that if this access to information by VCTF personnel requires a change in privacy compliance documents, those changes will be accomplished prior to access being granted. INFORMATION SHARING 32. No information possessed by the FBI, to include information derived from informal communications between VCTF personnel and FBI employees not assigned to the VCTF, may be disseminated by VCTF personnel to non-VCTF personnel without the approval of the VCTF 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, VCTF personnel will not provide any participating agency information to the FBI that is not otherwise available to it unless authorized by appropriate participating agency officials. 33. Each Party that discloses PII is responsible for making reasonable efforts to ensure that the information disclosed is accurate, complete, timely, and relevant. 34. The FBI is providing access to information from its records with the understanding that in the event the recipient becomes aware of any inaccuracies in the data, the recipient will promptly notify the FBI so that corrective action can be taken. Similarly, if the FBI becomes aware that information it has received pursuant to this MOU is inaccurate, it will notify the contributing Party so that corrective action can be taken. 35. Each Party is responsible for ensuring that information it discloses was not knowingly obtained or maintained in violation of any law or policy applicable to the disclosing Party, and that information is only made available to the receiving Party as may be permitted by laws, regulations, policies, or procedures applicable to the disclosing Party. 36. Each Party will immediately report to the other Party each instance in which data received from the other Party is used, disclosed, or accessed in an unauthorized manner (including any data losses or breaches). 37. The Parties agree that either or both may audit the handling and maintenance of data in electronic and paper recordkeeping systems to ensure that appropriate security and privacy protections are in place. 5 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 PROSECUTIONS 38. VCTF investigative procedures, whenever practicable, are to conform to the requirements which would allow for either federal or state prosecution. 39. A determination will be made on a case -by -case basis whether the prosecution of VCTF 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 VCTF. 40. In the event that a state or local matter is developed that is outside the jurisdiction of the FBI or it is decided to prosecute a VCTF case at the state or local level, the FBI agrees to provide all relevant information to state and local authorities in accordance with all applicable legal limitations. A. Investigative Methods/Evidence 41. For cases assigned to an FBI Special Agent or in which FBI CHSs are utilized, the parties agree to conform to federal standards concerning evidence collection, processing, storage, and electronic surveillance. However, in situations where the investigation will be prosecuted in the State Court where statutory or common law of the state is more restrictive than the comparable federal law, the investigative methods employed by FBI case agents shall conform to the requirements of such statutory or common law pending a decision as to venue for prosecution. 42. In all cases assigned to state, county, or local law enforcement participants, the parties agree to utilize federal standards pertaining to evidence handling and electronic surveillance activities as outlined in the Domestic Investigations and Operations Guide to the greatest extent possible. However, in situations where the statutory or common law of the state is more restrictive than the comparable federal law, the investigative methods employed by state and local law enforcement agencies shall conform to the requirements of such statutory or common law pending a decision as to venue for prosecution. 43. The use of other investigative methods (search warrants, interceptions of oral communications, etc.) and reporting procedures in connection therewith will be consistent with the policies and procedures of the FBI. B. Undercover Operations 44. All VCTF undercover operations will be conducted and reviewed in accordance with FBI guidelines and the Attorney General's Guidelines on Federal Bureau of Investigation Undercover Operations. All participating agencies may be requested to enter into an additional agreement if an employee of the participating agency is assigned duties which require the officer to act in an undercover capacity. 6 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 USE OF LESS -THAN -LETHAL -DEVICES' 45. The parent agency of each individual assigned to the VCTF will ensure that while the individual is participating in FBI -led task force operations in the capacity of a task force officer, task force member, or task force participant, the individual will carry only less lethal devices that the parent agency has issued to the individual, and that the individual has been trained in accordance with the agency's policies and procedures. 46. The parent agency of each individual assigned to the VCTF will ensure that the agency's policies and procedures for use of any less -lethal device that will be carried by the task force officer, task force member, or task force participant are consistent with the DOJ policy statement on the Use of Less -Than -Lethal Devices. DEADLY FORCE AND SHOOTING INCIDENT POLICIES 47. VCTF personnel will follow their own agencies' policies concerning firearms discharge and use of deadly force. DEPUTATIONS 48. Local and state law enforcement personnel designated to the VCTF, 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 VCTF or until the termination of the VCTF, whichever comes first. 49. Deputized VCTF personnel will be subject to the rules and regulations pertaining to such deputation. Administrative and personnel policies imposed by the participating agencies will not be voided by deputation of their respective personnel. VEHICLES 50. In furtherance of this MOU, employees of LEA may be permitted to drive FBI owned or leased vehicles for official VCTF business and only in accordance with applicable FBI rules and regulations, including those outlined in the FBI Government Vehicle Policy Directive (0430D) and the Government Vehicle Policy Implementation Guide (0430PG). ' Pursuant to Section VIII of the DOJ Less -Than -Lethal Devices Policy dated May 16, 2011, all state/local officers participating in joint task force operations must be made aware of and adhere to the policy and its limits on DOJ officers. 7 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 The assignment of an FBI owned or leased vehicle to LEA VCTF personnel will require the execution of a separate Vehicle Use Agreement. 51. The participating agencies agree that FBI vehicles will not be used to transport passengers unrelated to VCTF business. 52. The FBI and the United States will not be responsible for any tortious act or omission on the part of LEA and/or its employees or for any liability resulting from the use of an FBI owned or leased vehicle utilized by LEA VCTF personnel, except where liability may fall under the provisions of the Federal Tort Claims Act (FTCA), as discussed in the Liability Section herein below. 53. The FBI and the United States shall not be responsible for any civil liability arising from the use of an FBI owned or leased vehicle by LEA task force personnel while engaged in any conduct other than their official duties and assignments under this MOU. 54. To the extent permitted by applicable law, LEA agrees to hold harmless the FBI and the United States, for any claim for property damage or personal injury arising from any use of an FBI owned or leased vehicle by LEA VCTF personnel which is outside the scope of their official duties and assignments under this MOU. SALARY/OVERTIME COMPENSATION 55. The FBI and LEA remain responsible for all personnel costs for their VCTF representatives, including salaries, overtime payments and fringe benefits consistent with their respective agency, except as described in paragraph 56 below. 56. Subject to funding availability and legislative authorization, the FBI will reimburse to LEA the cost of overtime worked by non-federal VCTF personnel assigned full-time to VCTF, provided overtime expenses were incurred as a result of VCTF-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 VCTF, consistent with regulations and policy, prior to any reimbursement by the FBI. Otherwise, overtime shall be compensated in accordance with applicable LEA overtime provisions and shall be subject to the prior approval of appropriate personnel. PROPERTY AND EQUIPMENT 57. Property utilized by the VCTF in connection with authorized investigations and/or operations and in the custody and control and used at the direction of the VCTF, will be maintained in accordance with the policies and procedures of the agency supplying the equipment. Property damaged or destroyed which was utilized by VCTF in connection 8 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 with authorized investigations and/or operations and is in the custody and control and used at the direction of VCTF, will be the financial responsibility of the agency supplying said property. FUNDING 58. This MOU is not an obligation or commitment of funds, nor a basis for transfer of funds, but rather is a basic statement of the understanding between the parties hereto of the tasks and methods for performing the tasks described herein. Unless otherwise agreed in writing, each party shall bear its own costs in relation to this MOU. Expenditures by each party will be subject to its budgetary processes and to the availability of funds and resources pursuant to applicable laws, regulations, and policies. The parties expressly acknowledge that the above language in no way implies that Congress will appropriate funds for such expenditures. FORFEITURES 59. The FBI shall be responsible for processing assets seized for federal forfeiture in conjunction with VCTF operations. 60. Asset forfeitures will be conducted in accordance with federal law, and the rules and regulations set forth by the FBI and DOJ. Forfeitures attributable to VCTF investigations may be equitably shared with the agencies participating in the VCTF. DISPUTE RESOLUTION 61. In cases of overlapping jurisdiction, the participating agencies agree to work in concert to achieve the VCTF's objectives. 62. The participating agencies agree to attempt to resolve any disputes regarding jurisdiction, case assignments, workload, etc., at the field level first before referring the matter to supervisory personnel for resolution. MEDIA RELEASES 63. All media releases and statements will be mutually agreed upon and jointly handled according to FBI and participating agency guidelines. 64. Press releases will conform to DOJ Guidelines regarding press releases. No release will be issued without FBI final approval. SELECTION TO VCTF AND SECURITY CLEARANCES 9 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 65. If an LEA candidate for the VCTF will require a security clearance, he or she will be contacted by FBI security personnel to begin the background investigation process prior to the assigned start date. 66. If, for any reason, the FBI determines that an LEA candidate is not qualified or eligible to serve on the VCTF, the participating agency will be so advised and a request will be made for another candidate. 67. Upon being selected, each candidate will receive a comprehensive briefing on FBI field office security policies and procedures. During the briefing, each candidate will execute non -disclosure agreements (SF-312 and FD-868), as may be necessary or required by the FBI. 68. Before receiving unescorted access to FBI space identified as an open storage facility, VCTF personnel will be required to obtain and maintain a "Top Secret" security clearance. VCTF personnel will not be allowed unescorted access to FBI space unless they have received a Top Secret security clearance. 69. Upon departure from the VCTF, each individual whose assignment to the VCTF is completed will be given a security debriefing and reminded of the provisions contained in the non -disclosure agreement to which he or she previously agreed. LIABILITY 70. The participating agencies acknowledge that this MOU does not alter the applicable law governing civil liability, if any, arising from the conduct of personnel assigned to the VCTF. 71. The participating agency shall immediately notify the FBI of any civil, administrative, or criminal claim, complaint, discovery request, or other request for information of which the agency receives notice, concerning or arising from the conduct of personnel assigned to the VCTF or otherwise relating to the VCTF. 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 VCTF 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 VCTF, the officer may request legal representation and/or defense by DOJ, under the circumstances and pursuant to the statutes and regulations identified below. 72. For the limited purpose of defending against a civil claim arising from alleged negligent or wrongful conduct under common law under the FTCA, 28 U.S.C. § 1346(b), and §§ 26712680: An individual assigned to the VCTF 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 10 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 incident giving rise to the suit. 28 U.S.C. § 2679(d)(2). Upon such certification, the individual will be considered an "employee" of the United States government for the limited purpose of defending the civil claim under the FTCA, and the claim will proceed against the United States as sole defendant. 28 U.S.C. § 2679(d)(2). Once an individual is certified as an employee of the United States for purposes of the FTCA, the United States is substituted for the employee as the sole defendant with respect to any tort claims. Decisions regarding certification of employment under the FTCA are made on a case -by -case basis, and the FBI cannot guarantee such certification to any VCTF personnel. 73. For the limited purpose of defending against a civil claim arising from an alleged violation of the U.S. Constitution pursuant to 42 U.S.C. § 1983 or Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics, 403 U.S. 388 (1971): An individual assigned to the VCTF 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 coordinate the request with the FBI Office of the General Counsel. In the event of an adverse judgment against the individual, he or she may request indemnification from DOJ. 28 C.F.R. § 50.15(c)(4). Requests for DOJ representation and indemnification are determined by DOJ on a case -by -case basis. The FBI cannot guarantee the United States will provide legal representation or indemnification to any VCTF personnel. 74. Liability for any conduct by VCTF personnel undertaken outside of the scope of their assigned duties and responsibilities under this MOU shall not be the responsibility of the FBI or the United States and shall be the sole responsibility of the respective employee and/or agency involved. DURATION 75. The term of this MOU is for the duration of the VCTF's operations, contingent upon approval of necessary funding, but may be terminated at any time upon written mutual consent of the agency involved. 76. Any participating agency may withdraw from the VCTF at any time by written notification to the SSA with designated oversight for investigative and personnel matters or program manager of the VCTF at least 30 days prior to withdrawal. 77. Upon termination of this MOU, all equipment provided to the VCTF 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 11 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 agencies will return to a withdrawing agency any unexpended equipment supplied by the withdrawing agency during any VCTF participation. MODIFICATIONS 78. This agreement may be modified at any time by written consent of all involved agencies. 79. Modifications to this MOU shall have no force and effect unless such modifications are reduced to writing and signed by an authorized representative of each participating agency. SIGNATORIES Scott Brunner Special Agent in Charge Federal Bureau of Investigation Jose T NATI Law forcement Agency Date occico-Vt 9 LICE DEPARTMENT Date 12 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 FEDERAL BUREAU OF INVESTIGATION San Diego Violent Crimes/Bank Robbery Task Force Cost Reimbursement Agreement SDVCTF File No.: TBD Pursuant to Congressional appropriations, the Federal Bureau of Investigation (FBI) receives authority to pay overtime for police officers assigned to the formalized San Diego Violent Crimes/Bank Robbery Task Force (SDVCTF), as set forth below, for expenses necessary for detection, investigation, and prosecution of crimes against the United States. It is hereby agreed between the FBI and the National City Police Department (NCPD), located at 1200 National City Blvd, National City, CA 91950, Taxpayer Identification Number: 95-6000749, and Telephone Number: (619) 336-4538, that: 1. This Agreement is entered into pursuant to, and as an annex to, the FBI SDVCTF Memorandum of U ers anding (MOU) signed by the Chief of Police of the National City Police Department on 0Coa7 1 of , and must be read and interpreted in conformity with all terms of that document. 2. Commencing upon execution of this Agreement, the FBI will, subject to availability of required funding, reimburse NCPD for overtime payments made to officers assigned to and working full time on SDVCTF related matters. 3. Requests for reimbursement will be made on a monthly basis and should be forwarded to the FBI San Diego Field Office as soon as practical after the first of the month which follows the month for which reimbursement is requested. Such requests should be forwarded by a Supervisor at NCPD to the FBI SDVCTF Squad Supervisor and FBI San Diego Special Agent in Charge 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 NCPD using the FBI's Unified Financial Management System (UFMS). To facilitate EFT, NCPD must establish an account online in the System for Award Management (SAM) at www.sam.gov. Each request for reimbursement will include an invoice number, invoice date, and a taxpayer identification number (TIN). Verification of NCPD banking information is required on an annual basis in order to keep payment information current. For additional information regarding the UFMS and SAM, contact the FBI San Diego Financial Manager. 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 annually by the FBI. The limits, calculated using Federal pay tables, will be in effect for the Federal fiscal year running from October 1st of one year through September 30th of the following year, unless changed during the period. The FBI reserves the right to change the reimbursement limits, upward or downward, for subsequent periods based on fiscal priorities and appropriations limits. The FBI will notify NCPD of the applicable annual limits prior to October 1st of each year. 6. The number of NCPD Officers / deputies assigned full-time to the SDVCTF and entitled to overtime reimbursement by the FBI shall be approved by the FBI in advance of each fiscal year. Based on the needs of the SDVCTF, 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 contents may be released without authorization by FBI Headquarters. For Official Use Only 7. Prior to submission of any overtime reimbursement requests, NCPD must prepare an official document setting forth the identity of each officer assigned full-time to the SDVCTF, along with the regular and overtime hourly rates for each officer. Should any officers change during the year, a similar statement must be prepared regarding the new officers prior to submitting any overtime reimbursement requests for the officers. The document should be sent to the San Diego Field Office for FBI review and approval. 8. Each request for reimbursement will include the name, rank, identification number, overtime compensation rate, number of reimbursable hours claimed, and the dates of those hours for each officer for whom reimbursement is sought. The request must be accompanied by a certification and signed by an appropriate Supervisor at NCPD that the request has been personally reviewed, the information described in this paragraph is accurate, and the personnel for whom reimbursement is claimed were assigned full-time to the SDVCTF. 9. Requests for reimbursement must be received by the FBI no later than December 31st of the next fiscal year for which the reimbursement applies. For example, reimbursements for the fiscal year ending September 30, 2017, must be received by the FBI by December 31, 2017. The FBI is not obligated to reimburse any requests received after that time. 10. This Agreement is effective upon signatures of the parties and will remain in effect for the duration of NCPD's participation on the SDVCTF, contingent upon approval of necessary funding, and unless terminated in accordance with the provisions herein. This Agreement may be modified at any time by written consent of the parties. It may be terminated at any time upon mutual consent of the parties, or unilaterally upon written notice from the terminating party to the other party at least 30 days prior to the termination date. Signatories: FBI Special Agent Federal Bureau of Investigation Date: Financial Manager Federal Bureau of Investigation Date: Jose Te : z Chief . olic Natio - City ': Department Date: C6/497/! q 2 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. NOTICE OF LIMITS FOR FY 2018 STATE AND LOCAL OVERTIME REIMBURSEMENTS Subject to the availability of funding and legislative authorization, the FBI may reimburse state and local law enforcement agencies (LEA) for the cost of overtime incurred by officers assigned full-time to FBI managed task forces provided the overtime expenses were incurred as a result of task force related activities. Consistent with regulation and policy, a separate Cost Reimbursement Agreement (CRA) must be executed between the FBI and the LEA and an underlying Memorandum of Understanding (MOU) must exist in support of the task force relationship. For Fiscal Year 2018, the maximum limits for reimbursements under these CRAs are S1,503.50 per month and S18,042 per year for each officer assigned full-time to the task force. These limits are effective for overtime worked on or after October 1, 2017. These reimbursements are limited to eligible officers' direct overtime salary expenses and shall not include any costs associated with the LEA's indirect expenses or officers' benefits such as retirement, social security, and similar related expenses. FBI field offices and state and local law enforcement agencies may process overtime reimbursement requests under formally executed CRAs in accordance with the authority of this notice. This notice is issued unilaterally by the FBI's Budget Officer and does not require formal acceptance and signature by FBI field offices and state and local law enforcement agencies. Mark H.(Remolds Budget Officer Federal Bureau of Investigation 6f(yl RESOLUTION NO. 2019 - 91 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING: 1) THE CHIEF OF POLICE TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH THE FEDERAL BUREAU OF INVESTIGATION (FBI) TO PARTICIPATE IN OPERATIONS WITH THE SAN DIEGO VIOLENT CRIMES / BANK ROBBERY TASK FORCE (SDVCTF), 2) AUTHORIZE THE CHIEF OF POLICE TO EXECUTE A COST REIMBURSEMENT AGREEMENT (CRA) WITH THE FBI, 3) AUTHORIZE THE ACCEPTANCE OF SDVCTF FUNDS IN A NOT -TO EXCEED AMOUNT OF $18,042 PER FISCAL YEAR, AND 4) AUTHORIZE THE ESTABLISHMENT OF A POLICE DEPARTMENT GRANTS FUND APPROPRIATION AND CORRESPONDING REVENUE BUDGET FOR THE FUNDS WHEREAS, the Violent Crimes Task Force (VCTF) conducts criminal investigations to identify and target criminals and criminal enterprises who engage in crimes of violence such as murder, aggravated assault, robbery and violent street gangs where there is or may be a federal investigative interest to enhance the effectiveness of the federal/state/local law enforcement resources through well -coordinated information sharing, investigative and prosecutorial avenues; and WHERAS, the Memorandum of Understanding (MOU) with the FBI and a Cost Reimbursement Agreement (CRA) will allow a National City Police Officer to participate in operations with the San Diego Violent Crimes Task Force (SDVCTF) as a collateral duty; and WHEREAS, the Memorandum of Understanding (MOU) will allow a National City Detective to participate in joint operations with San Diego Violent Crimes Task Force (SDVCTF) WHEREAS, by participating in these operations, the SDVCTF may reimburse the National City Police Department for overtime expended on these federal criminal prosecutions; and WHEREAS, each participating agency is responsible for providing its respective personnel to participate in operations to the SDVCTF with salaries, benefits and overtime which will be reimbursed by SDVCTF for qualifying cases up to the amount of $18,042 per year as set forth by the Salary /Overtime Compensation section; and WHEREAS, the duration of this MOU is ongoing and contingent upon funding for the program. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes Chief of Police to execute a Memorandum of Understanding with the Federal Bureau of Investigation (FBI) to participate in operations with the San Diego Violent Crimes / Bank Robbery Task Force (SDVCTF). Resolution 2019 — 91 Page Two BE IT FURTHER RESOLVED that the City Council of the City of National City authorizes the Chief of Police to execute a Cost Reimbursement Agreement (CRA) with the Federal Bureau of Investigation (FBI) FBI. BE IT FURTHER RESOLVED that the City Council of the City of National City authorizes the acceptance of the San Diego Violent Crimes Task Force (SDVCTF) funds in the amount not -to -exceed of $18,042 per fiscal year, and authorizes the establishment of a Police Department Grants Fund appropriation and corresponding revenue budget for the funds. PASSED and ADOPTED this 18th day of June, 01 Ale': ndra Sotelo-Solis, Mayor ATTEST: fwMichael Fd1. Dalla, City Clerk APPROVED AS TO FORM: ngil ns- o es, ity Passed and adopted by the Council of the City of National City, California, on June 18, 2019 by the following vote, to -wit: Ayes: Councilmembers Cano, Morrison, Quintero, Rios, Sotelo-Solis. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: ALEJANDRA SOTELO-SOLIS Mayor of the City of National City, California MICHAEL R. DALLA City Clerk of the City of National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2019-91 of the City of National City, California, passed and adopted by the Council of said City on June 18, 2019. By: City Clerk of the City of National City, California JA7/2)(e4g4 Deputy CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT �3/ -2-o&- it- 24- MEETING DATE: June 18, 2019 AGENDA ITEM NO. 16 FEM TITLE: Resolution of the City Council of the City of National City 1) authorizing the Chief of Police to sign a Memorandum of Understanding with the Federal Bureau of Investigation (FBI) to participate in operations with the San Diego Violent Crimes / Bank Robbery Task Force (SDVCTF), 2) authorizing the Chief of Police to sign a Cost Reimbursement Agreement (CRA) with the FBI, 3) authorizing the acceptance of SDVCTF funds of up to $18,042 per fiscal year, and 4) authorizing the establishment of a Police Department Grants Fund appropriation and corresponding revenue budget for the funds. The SDVCTF conducts criminal investigations to identify and target criminals who engage in violent crimes such as murders, robberies and violent street gangs. PREPARED BY: Greg Seward, Lieutenant PHONE: Ext. 4538 EXPLANATION: If the Resolution is approved by the City Council, it will allow the Chief of Police to sign a Mem. , ndu .t I erstanding with the FBI and a Cost Reimbursement Agreement (CRA) to have a National City Police Officer ..rticipate in operations with the San Diego Violent Crimes Task Force (SDVCTF) as a collateral duty. The VCTF conducts criminal investigations to identify and target criminals and criminal enterprises who engage in violent crimes of violence such as murder, aggravated assault, robbery and violent street gangs where there is or may be a federal investigative interest. In addition, the VCTF will enhance the effectiveness of the federal/state/local law enforcement resources through well -coordinated information sharing / investigative / prosecutorial avenues. The MOU will allow a National City Detective Officer to participate in joint operations with SDVCTF. By participating in these operations, the SDVCTF may reimburse NCPD for overtime expended on these federal criminal prosecutions. For the purposes of the MOU, each participating agency is responsible for providing its respective personnel to participate in ^perations to the SDVCTF with salaries, benefits and overtime. Overtime will be reimbursed by SDVCTF for qualifying 3ses up to the amount of $18,042 per year as set forth by the Salary /Overtime Compensation section. In furtherance, the assigned Investigator may be provided the use of a FBI owned/leased vehicle. The duration of the MOU is ongoing, contingent to funding for the program. DEPARTMENT: Police FINANCIAL STATEMENT: ACCOUNT NO. Revenue: 290-11771-xxxx Expense: 290-411-771-1 * APPROVED BY: APPROVED: APPROVED: (Other Federal Grants) $18,042 (Personnel) $18,042 No net financial impact. Revenues off -set expenses. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Approve Resolution. BOARD / COMMISSION RECOMMENDATION: '1TTACHMENTS: BI MOU FBI Cost Reimbursement Agreement State and Local OT Authorization Amount Resolution ie s-64 4aN 7?) < ?,'?/ 7 - 9 FOR OFFICIAL USE ONLY FEDERAL BUREAU OF INVESTIGATION SAN DIEGO VIOLENT CRIMES / ROBBERY TASK FORCE MEMORANDUM OF UNDERSTANDING PARTIES 1. This Memorandum of Understanding (MOU) is entered into by and between the Federal Bureau of Investigation (FBI) and the National City Police Department (LEA). Nothing in this MOU should be construed as limiting or impeding the basic spirit of cooperation which exists between these agencies. AUTHORITIES 2. Authority for the FBI to enter into this agreement can be found at Title 28, United States Code (U.S.C.), Section (§) 533; 42 U.S.C. § 3771; Title 28, Code of Federal Regulations (C.F.R.), § 0.85; and applicable United States Attorney General's Guidelines. PURPOSE 3. The purpose of this MOU is to delineate the responsibilities of San Diego Violent Crimes / Bank Robbery Task Force (SDVCTF) personnel formalize relationships between participating agencies for policy guidance, planning, training, public and media relations; and maximize interagency cooperation. This MOU is not intended, and should not be construed, to create any right or benefit, substantive or procedural, enforceable at law or otherwise by any third party against the parties, the United States, or the officers, employees, agents, or other associated personnel thereof. MISSION 4. The mission of the VCTF 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 VCTF 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. 1 FOR OFFICIAL USE ONLY 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. SUPERVISION AND CONTROL A. Supervision 5. Overall management of the VCTF shall be the shared responsibility of the participating agency heads and/or their designees. 6. The Special Agent in Charge (SAC) of the San Diego Division shall designate one Supervisory Special Agent (VCTF Supervisor) to supervise the VCTF. The VCTF Supervisor may designate a Special Agent to serve as the Violent Crime Task Force Coordinator (Task Force Coordinator). Either the VCTF Supervisor or the Task Force Coordinator shall oversee day-to-day operational and investigative matters pertaining to the VCTF. 7. Conduct undertaken outside the scope of an individual's VCTF duties and assignments under this MOU shall not fall within the oversight responsibility of the VCTF Supervisor or Task Force Coordinator. As stated in paragraph 74, below, neither the United States nor the FBI shall be responsible for such conduct. 8. VCTF personnel will be subject to the laws, regulations, policies, and personnel rules applicable to their respective agencies. FBI employees 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. 9. VCTF personnel will continue to report to their respective agency heads for non - investigative administrative matters not detailed in this MOU. 10. Continued assignment of personnel to the VCTF will be based on performance and at the discretion of appropriate management. The FBI SAC and VCTF Supervisor will also retain discretion to remove any individual from the VCTF. B. Case Assignments 11. The FBI VCTF Supervisor will be responsible for opening, monitoring, directing, and closing VCTF investigations in accordance with existing FBI policy and the applicable United States Attorney General's Guidelines. 12. Assignments of cases to personnel will be based on, but not limited to, experience, training and performance, in addition to the discretion of the VCTF Supervisor. 2 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 13. For FBI administrative purposes, VCTF cases will be entered into the relevant FBI computer system. 14. VCTF personnel will have equal responsibility for each case assigned. VCTF personnel will be responsible for complete investigation from predication to resolution— C. Resource Control 15. The head of each participating agency shall determine the resources to be dedicated by that agency to the VCTF, 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 16. It is agreed that matters designated to be handled by the VCTF will not knowingly be subject to non-VCTF law enforcement efforts by any of the participating agencies. It is incumbent on each agency to make proper internal notification regarding the VCTF's existence and areas of concern. 17. It is agreed that there is to be no unilateral action taken on the part of the FBI or any participating agency relating to VCTF investigations or areas of concern as described in paragraph 3. All law enforcement actions will be coordinated and cooperatively carried out. 18. VCTF investigative leads outside of the geographic areas of responsibility for FBI Southern Division will be communicated to other FBI offices for appropriate investigation. B. Confidential Human Sources 19. The disclosure of FBI informants, or Confidential Human Sources (CHSs), to non-VCTF personnel will be limited to those situations where it is essential to the effective performance of the VCTF. These disclosures will be consistent with applicable FBI guidelines. 20. Non -FBI VCTF personnel may not make any further disclosure of the identity of an FBI CHS, including to other individuals assigned to the VCTF. No documents which identify, tend to identify, or may indirectly identify an FBI CHS may be released without prior FBI approval. 3 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 21. In those instances where a participating agency provides a CHS, the FBI may, at the discretion of the SAC, become solely responsible for the CHS's continued development, operation, and compliance with necessary administrative procedures regarding operation and payment as set forth by the FBI. 22. The United States Attorney General's Guidelines and FBI policy and procedure for operating FBI CHSs shall apply to all FBI CHSs opened and operated in furtherance of VCTF investigations. Documentation of, and any payments made to, FBI CHSs shall be in accordance with FBI policy and procedure. 23. Operation, documentation, and payment of any CHS opened and operated in furtherance of a VCTF investigation must be in accordance with the United States Attorney General's Guidelines, regardless of whether the handling agency is an FBI VCTF participating agency. Documentation of state, county, or local CHSs opened and operated in furtherance of VCTF investigations shall be maintained at an agreed upon location. C. Reports and Records 24. 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 VCTF personnel will be made available for inclusion in the respective investigative agencies' files as appropriate. 25. VCTF reports prepared in cases assigned to VCTF personnel will be maintained at an FBI approved location; original documents will be maintained by the FBI. 26. Records and reports generated in VCTF 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 VCTF. 27. VCTF investigative records maintained at the San Diego Field Office of the FBI will be available to all VCTF personnel, as well as their supervisory and command staff subject to pertinent legal, administrative and/or policy restrictions. 28. All evidence and original tape recordings (audio and video) acquired by the FBI during the course of the VCTF 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 VCTF personnel. 29. All VCTF 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. 4 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 30. Classified information and/or documents containing information that identifies or tends to identify an FBI CHS shall not be placed in the files of participating agencies unless appropriate FBI policy has been satisfied. 31. The Parties acknowledge that this MOU may provide VCTF personnel with access to information about U.S. persons which is protected by the Privacy Act of 1974 and/or Executive Order 12333. The Parties expressly agree that all such information will be handled lawfully pursuant to the provisions thereof. The Parties further agree that if this access to information by VCTF personnel requires a change in privacy compliance documents, those changes will be accomplished prior to access being granted. INFORMATION SHARING 32. No information possessed by the FBI, to include information derived from informal communications between VCTF personnel and FBI employees not assigned to the VCTF, may be disseminated by VCTF personnel to non-VCTF personnel without the approval of the VCTF 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, VCTF personnel will not provide any participating agency information to the FBI that is not otherwise available to it unless authorized by appropriate participating agency officials. 33. Each Party that discloses PII is responsible for making reasonable efforts to ensure that the information disclosed is accurate, complete, timely, and relevant. 34. The FBI is providing access to information from its records with the understanding that in the event the recipient becomes aware of any inaccuracies in the data, the recipient will promptly notify the FBI so that corrective action can be taken. Similarly, if the FBI becomes aware that information it has received pursuant to this MOU is inaccurate, it will notify the contributing Party so that corrective action can be taken. 35. Each Party is responsible for ensuring that information it discloses was not knowingly obtained or maintained in violation of any law or policy applicable to the disclosing Party, and that information is only made available to the receiving Party as may be permitted by laws, regulations, policies, or procedures applicable to the disclosing Party. 36. Each Party will immediately report to the other Party each instance in which data received from the other Party is used, disclosed, or accessed in an unauthorized manner (including any data losses or breaches). 37. The Parties agree that either or both may audit the handling and maintenance of data in electronic and paper recordkeeping systems to ensure that appropriate security and privacy protections are in place. 5 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 PROSECUTIONS 38. VCTF investigative procedures, whenever practicable, are to conform to the requirements which would allow for either federal or state prosecution. 39. A determination will be made on a case -by -case basis whether the prosecution of VCTF 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 VCTF. 40. In the event that a state or local matter is developed that is outside the jurisdiction of the FBI or it is decided to prosecute a VCTF case at the state or local level, the FBI agrees to provide all relevant information to state and local authorities in accordance with all applicable legal limitations. A. Investigative Methods/Evidence 41. For cases assigned to an FBI Special Agent or in which FBI CHSs are utilized, the parties agree to conform to federal standards concerning evidence collection, processing, storage, and electronic surveillance. However, in situations where the investigation will be prosecuted in the State Court where statutory or common law of the state is more restrictive than the comparable federal law, the investigative methods employed by FBI case agents shall conform to the requirements of such statutory or common law pending a decision as to venue for prosecution. 42. In all cases assigned to state, county, or local law enforcement participants, the parties agree to utilize federal standards pertaining to evidence handling and electronic surveillance activities as outlined in the Domestic Investigations and Operations Guide to the greatest extent possible. However, in situations where the statutory or common law of the state is more restrictive than the comparable federal law, the investigative methods employed by state and local law enforcement agencies shall conform to the requirements of such statutory or common law pending a decision as to venue for prosecution. 43. The use of other investigative methods (search warrants, interceptions of oral communications, etc.) and reporting procedures in connection therewith will be consistent with the policies and procedures of the FBI. B. Undercover Operations 44. All VCTF undercover operations will be conducted and reviewed in accordance with FBI guidelines and the Attorney General's Guidelines on Federal Bureau of Investigation Undercover Operations. All participating agencies may be requested to enter into an additional agreement if an employee of the participating agency is assigned duties which require the officer to act in an undercover capacity. 6 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 USE OF LESS -THAN -LETHAL -DEVICES' 45. The parent agency of each individual assigned to the VCTF will ensure that while the individual is participating in FBI -led task force operations in the capacity of a task force officer, task force member, or task force participant, the individual will carry only less lethal devices that the parent agency has issued to the individual, and that the individual has been trained in accordance with the agency's policies and procedures. 46. The parent agency of each individual assigned to the VCTF will ensure that the agency's policies and procedures for use of any less -lethal device that will be carried by the task force officer, task force member, or task force participant are consistent with the DOJ policy statement on the Use of Less -Than -Lethal Devices. DEADLY FORCE AND SHOOTING INCIDENT POLICIES 47. VCTF personnel will follow their own agencies' policies concerning firearms discharge and use of deadly force. DEPUTATIONS 48. Local and state law enforcement personnel designated to the VCTF, 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 VCTF or until the termination of the VCTF, whichever comes first. 49. Deputized VCTF personnel will be subject to the rules and regulations pertaining to such deputation. Administrative and personnel policies imposed by the participating agencies will not be voided by deputation of their respective personnel. VEHICLES 50. In furtherance of this MOU, employees of LEA may be permitted to drive FBI owned or leased vehicles for official VCTF business and only in accordance with applicable FBI rules and regulations, including those outlined in the FBI Government Vehicle Policy Directive (0430D) and the Government Vehicle Policy Implementation Guide (0430PG). ' Pursuant to Section VI II of the DOJ Less -Than -Lethal Devices Policy dated May 16, 2011, all state/local officers participating in joint task force operations must be made aware of and adhere to the policy and its limits on DOJ officers. 7 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 The assignment of an FBI owned or leased vehicle to LEA VCTF personnel will require the execution of a separate Vehicle Use Agreement. 51. The participating agencies agree that FBI vehicles will not be used to transport passengers unrelated to VCTF business. 52. The FBI and the United States will not be responsible for any tortious act or omission on the part of LEA and/or its employees or for any liability resulting from the use of an FBI owned or leased vehicle utilized by LEA VCTF personnel, except where liability may fall under the provisions of the Federal Tort Claims Act (FTCA), as discussed in the Liability Section herein below. 53. The FBI and the United States shall not be responsible for any civil liability arising from the use of an FBI owned or leased vehicle by LEA task force personnel while engaged in any conduct other than their official duties and assignments under this MOU. 54. To the extent permitted by applicable law, LEA agrees to hold harmless the FBI and the United States, for any claim for property damage or personal injury arising from any use of an FBI owned or leased vehicle by LEA VCTF personnel which is outside the scope of their official duties and assignments under this MOU. SALARY/OVERTIME COMPENSATION 55. The FBI and LEA remain responsible for all personnel costs for their VCTF representatives, including salaries, overtime payments and fringe benefits consistent with their respective agency, except as described in paragraph 56 below. 56. Subject to funding availability and legislative authorization, the FBI will reimburse to LEA the cost of overtime worked by non-federal VCTF personnel assigned full-time to VCTF, provided overtime expenses were incurred as a result of VCTF-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 VCTF, consistent with regulations and policy, prior to any reimbursement by the FBI. Otherwise, overtime shall be compensated in accordance with applicable LEA overtime provisions and shall be subject to the prior approval of appropriate personnel. PROPERTY AND EQUIPMENT 57. Property utilized by the VCTF in connection with authorized investigations and/or operations and in the custody and control and used at the direction of the VCTF, will be maintained in accordance with the policies and procedures of the agency supplying the equipment. Property damaged or destroyed which was utilized by VCTF in connection 8 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 with authorized investigations and/or operations and is in the custody and control and used at the direction of VCTF, will be the financial responsibility of the agency supplying said property. FUNDING 58. This MOU is not an obligation or commitment of funds, nor a basis for transfer of funds, but rather is a basic statement of the understanding between the parties hereto of the tasks and methods for performing the tasks described herein. Unless otherwise agreed in writing, each party shall bear its own costs in relation to this MOU. Expenditures by each party will be subject to its budgetary processes and to the availability of funds and resources pursuant to applicable laws, regulations, and policies. The parties expressly acknowledge that the above language in no way implies that Congress will appropriate funds for such expenditures. FORFEITURES 59. The FBI shall be responsible for processing assets seized for federal forfeiture in conjunction with VCTF operations. 60. Asset forfeitures will be conducted in accordance with federal law, and the rules and regulations set forth by the FBI and DOJ. Forfeitures attributable to VCTF investigations may be equitably shared with the agencies participating in the VCTF. DISPUTE RESOLUTION 61. In cases of overlapping jurisdiction, the participating agencies agree to work in concert to achieve the VCTF's objectives. 62. The participating agencies agree to attempt to resolve any disputes regarding jurisdiction, case assignments, workload, etc., at the field level first before referring the matter to supervisory personnel for resolution. MEDIA RELEASES 63. All media releases and statements will be mutually agreed upon and jointly handled according to FBI and participating agency guidelines. 64. Press releases will conform to DOJ Guidelines regarding press releases. No release will be issued without FBI final approval. SELECTION TO VCTF AND SECURITY CLEARANCES 9 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 65. If an LEA candidate for the VCTF will require a security clearance, he or she will be contacted by FBI security personnel to begin the background investigation process prior to the assigned start date. 66. If, for any reason, the FBI determines that an LEA candidate is not qualified or eligible to serve on the VCTF, the participating agency will be so advised and a request will be made for another candidate. 67. Upon being selected, each candidate will receive a comprehensive briefing on FBI field office security policies and procedures. During the briefing, each candidate will execute non -disclosure agreements (SF-312 and FD-868), as may be necessary or required by the FBI. 68. Before receiving unescorted access to FBI space identified as an open storage facility, VCTF personnel will be required to obtain and maintain a "Top Secret" security clearance. VCTF personnel will not be allowed unescorted access to FBI space unless they have received a Top Secret security clearance. 69. Upon departure from the VCTF, each individual whose assignment to the VCTF is completed will be given a security debriefing and reminded of the provisions contained in the non -disclosure agreement to which he or she previously agreed. LIABILITY 70. The participating agencies acknowledge that this MOU does not alter the applicable law governing civil liability, if any, arising from the conduct of personnel assigned to the VCTF. 71. The participating agency shall immediately notify the FBI of any civil, administrative, or criminal claim, complaint, discovery request, or other request for information of which the agency receives notice, concerning or arising from the conduct of personnel assigned to the VCTF or otherwise relating to the VCTF. 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 VCTF 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 VCTF, the officer may request legal representation and/or defense by DOJ, under the circumstances and pursuant to the statutes and regulations identified below. 72. For the limited purpose of defending against a civil claim arising from alleged negligent or wrongful conduct under common law under the FTCA, 28 U.S.C. § 1346(b), and §§ 26712680: An individual assigned to the VCTF 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 10 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 incident giving rise to the suit. 28 U.S.C. § 2679(d)(2). Upon such certification, the individual will be considered an "employee" of the United States government for the limited purpose of defending the civil claim under the FTCA, and the claim will proceed against the United States as sole defendant. 28 U.S.C. § 2679(d)(2). Once an individual is certified as an employee of the United States for purposes of the FTCA, the United States is substituted for the employee as the sole defendant with respect to any tort claims. Decisions regarding certification of employment under the FTCA are made on a case -by -case basis, and the FBI cannot guarantee such certification to any VCTF personnel. 73. For the limited purpose of defending against a civil claim arising from an alleged violation of the U.S. Constitution pursuant to 42 U.S.C. § 1983 or Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics, 403 U.S. 388 (1971): An individual assigned to the VCTF 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 coordinate the request with the FBI Office of the General Counsel. In the event of an adverse judgment against the individual, he or she may request indemnification from DOJ. 28 C.F.R. § 50.15(c)(4). Requests for DOJ representation and indemnification are determined by DOJ on a case -by -case basis. The FBI cannot guarantee the United States will provide legal representation or indemnification to any VCTF personnel. 74. Liability for any conduct by VCTF personnel undertaken outside of the scope of their assigned duties and responsibilities under this MOU shall not be the responsibility of the FBI or the United States and shall be the sole responsibility of the respective employee and/or agency involved. DURATION 75. The term of this MOU is for the duration of the VCTF's operations, contingent upon approval of necessary funding, but may be terminated at any time upon written mutual consent of the agency involved. 76. Any participating agency may withdraw from the VCTF at any time by written notification to the SSA with designated oversight for investigative and personnel matters or program manager of the VCTF at least 30 days prior to withdrawal. 77. Upon termination of this MOU, all equipment provided to the VCTF 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 11 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 agencies will return to a withdrawing agency any unexpended equipment supplied by the withdrawing agency during any VCTF participation. MODIFICATIONS --78. This agreement may be modified at any time by written consent of all involved agencies. 79. Modifications to this MOU shall have no force and effect unless such modifications are reduced to writing and signed by an authorized representative of each participating agency. SIGNATORIES Scott Brunner Special Agent in Charge Federal Bureau of Investigation Jose Tellez, Chief NATIONAL CITY POLICE DEPARTMENT Law Enforcement Agency Date Date 12 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 FEDERAL BUREAU OF INVESTIGATION San Diego Violent Crimes/Bank Robbery Task Force Cost Reimbursement Agreement SDVCTF File No.: TBD Pursuant to Congressional appropriations, the Federal Bureau of Investigation (FBI) receives authority to pay overtime for police officers assigned to the formalized San Diego Violent Crimes/Bank Robbery Task Force (SDVCTF), as set forth below, for expenses necessary for detection, investigation, and prosecution of crimes against the United States. It is hereby agreed between the FBI and the National City Police Department (NCPD), located at 1200 National City Blvd, National City, CA 91950, Taxpayer Identification Number: 95-6000749, and Telephone Number: (619) 336-4538, that: 1. This Agreement is entered into pursuant to, and as an annex to, the FBI SDVCTF Memorandum of Understanding (MOU) signed by the Chief of Police of the National City Police Department on , and must be read and interpreted in conformity with all terms of that document. 2. Commencing upon execution of this Agreement, the FBI will, subject to availability of required funding, reimburse NCPD for overtime payments made to officers assigned to and working full time on SDVCTF related matters. 3. Requests for reimbursement will be made on a monthly basis and should be forwarded to the FBI San Diego Field Office as soon as practical after the first of the month which follows the month for which reimbursement is requested. Such requests should be forwarded by a Supervisor at NCPD to the FBI SDVCTF Squad Supervisor and FBI San Diego Special Agent in Charge 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 NCPD using the FBI's Unified Financial Management System (UFMS). To facilitate EFT, NCPD must establish an account online in the System for Award Management (SAM) at www.sam.qov. Each request for reimbursement will include an invoice number, invoice date, and a taxpayer identification number (TIN). Verification of NCPD banking information is required on an annual basis in order to keep payment information current. For additional information regarding the UFMS and SAM, contact the FBI San Diego Financial Manager. 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 annually by the FBI. The limits, calculated using Federal pay tables, will be in effect for the Federal fiscal year running from October 1st of one year through September 30th of the following year, unless changed during the period. The FBI reserves the right to change the reimbursement limits, upward or downward, for subsequent periods based on fiscal priorities and appropriations limits. The FBI will notify NCPD of the applicable annual limits prior to October 1st of each year. 6. The number of NCPD Officers / deputies assigned full-time to the SDVCTF and entitled to overtime reimbursement by the FBI shall be approved by the FBI in advance of each fiscal year. Based on the needs of the SDVCTF, 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 contents may be released without authorization by FBI Headquarters. For Official Use Only 7. Prior to submission of any overtime reimbursement requests, NCPD must prepare an official document setting forth the identity of each officer assigned full-time to the SDVCTF, along with the regular and overtime hourly rates for each officer. Should any officers change during the year, a similar statement must be prepared regarding the new officers prior to submitting any overtime reimbursement requests for the officers. The document should be sent to the San Diego Field Office for FBI review and approval. 8. Each request for reimbursement will include the name, rank, identification number, overtime compensation rate, number of reimbursable hours claimed, and the dates of those hours for each officer for whom reimbursement is sought. The request must be accompanied by a certification and signed by an appropriate Supervisor at NCPD that the request has been personally reviewed, the information described in this paragraph is accurate, and the personnel for whom reimbursement is claimed were assigned full-time to the SDVCTF. 9. Requests for reimbursement must be received by the FBI no later than December 31st of the next fiscal year for which the reimbursement applies. For example, reimbursements for the fiscal year ending September 30, 2017, must be received by the FBI by December 31, 2017. The FBI is not obligated to reimburse any requests received after that time. 10. This Agreement is effective upon signatures of the parties and will remain in effect for the duration of NCPD's participation on the SDVCTF, contingent upon approval of necessary funding, and unless terminated in accordance with the provisions herein. This Agreement may be modified at any time by written consent of the parties. It may be terminated at any time upon mutual consent of the parties, or unilaterally upon written notice from the terminating party to the other party at least 30 days prior to the termination date. Signatories: FBI Special Agent Federal Bureau of Investigation Date: Financial Manager Federal Bureau of Investigation Date: Jose Tellez Chief of Police National City Police Department Date: 2 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. NOTICE OF LIMITS FOR FY 2018 STATE AND LOCAL OVERTIME REIMBURSEMENTS Subject to the availability of funding and legislative authorization, the FBI may reimburse state and local law enforcement agencies (LEA) for the cost of overtime incurred by officers assigned full-time to FBI managed task forces provided the overtime expenses were incurred as a result of task force related activities. Consistent with regulation and policy, a separate Cost Reimbursement Agreement (CRA) must be executed between the FBI and the LEA and an underlying Memorandum of Understanding (MOU) must exist in support of the task force relationship. For Fiscal Year 2018, the maximum limits for reimbursements under these CRAs are S1,503.50 per month and 818,042 per year for each officer assigned full-time to the task force. These limits are effective for overtime worked on or after October 1, 2017. These reimbursements are limited to eligible officers' direct overtime salary expenses and shall not include any costs associated with the LEA's indirect expenses or officers' benefits such as retirement, social security, and similar related expenses. FBI field offices and state and local law enforcement agencies may process overtime reimbursement requests under formally executed CRAs in accordance with the authority of this notice. This notice is issued unilaterally by the FBI's Budget Officer and does not require formal acceptance and signature by FBI field offices and state and local law enforcement agencies. Mark H. molds Budget Officer Federal Bureau of Investigation ate RESOLUTION NO. 2019 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING: 1) THE CHIEF OF POLICE TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH THE FEDERAL BUREAU OF INVESTIGATION (FBI) TO PARTICIPATE IN OPERATIONS WITH THE SAN DIEGO VIOLENT CRIMES / BANK ROBBERY TASK FORCE (SDVCTF), 2) AUTHORIZE THE CHIEF OF POLICE TO EXECUTE A COST REIMBURSEMENT AGREEMENT (CRA) WITH THE FBI, 3) AUTHORIZE THE ACCEPTANCE OF SDVCTF FUNDS IN A NOT -TO EXCEED AMOUNT OF $18,042 PER FISCAL YEAR, AND 4) AUTHORIZE THE ESTABLISHMENT OF A POLICE DEPARTMENT GRANTS FUND APPROPRIATION AND CORRESPONDING REVENUE BUDGET FOR THE FUNDS WHEREAS, the Violent Crimes Task Force (VCTF) conducts criminal investigations to identify and target criminals and criminal enterprises who engage in crimes of violence such as murder, aggravated assault, robbery and violent street gangs where there is or may be a federal investigative interest to enhance the effectiveness of the federal/state/local law enforcement resources through well -coordinated information sharing, investigative and prosecutorial avenues; and WHERAS, the Memorandum of Understanding (MOU) with the FBI and a Cost Reimbursement Agreement (CRA) will allow a National City Police Officer to participate in operations with the San Diego Violent Crimes Task Force (SDVCTF) as a collateral duty; and WHEREAS, the Memorandum of Understanding (MOU) will allow a National City Detective to participate in joint operations with San Diego Violent Crimes Task Force (SDVCTF) WHEREAS, by participating in these operations, the SDVCTF may reimburse the National City Police Department for overtime expended on these federal criminal prosecutions; and WHEREAS, each participating agency is responsible for providing its respective personnel to participate in operations to the SDVCTF with salaries, benefits and overtime which will be reimbursed by SDVCTF for qualifying cases up to the amount of $18,042 per year as set forth by the Salary /Overtime Compensation section; and WHEREAS, the duration of this MOU is ongoing and contingent upon funding for the program. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes Chief of Police to execute a Memorandum of Understanding with the Federal Bureau of Investigation (FBI) to participate in operations with the San Diego Violent Crimes / Bank Robbery Task Force (SDVCTF). Resolution 2019 — Page Two BE IT FURTHER RESOLVED that the City Council of the City of National City authorizes the Chief of Police to execute a Cost Reimbursement Agreement (CRA) with the Federal Bureau of Investigation (FBI) FBI. BE IT FURTHER RESOLVED that the City Council of the City of National City authorizes the acceptance of the San Diego Violent Crimes Task Force (SDVCTF) funds in the amount not -to -exceed of $18,042 per fiscal year, and authorizes the establishment of a Police Department Grants Fund appropriation and corresponding revenue budget for the funds. PASSED and ADOPTED this 18th day of June, 2019. Alejandra Sotelo-Solis, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Angil Morris -Jones, City Attorney