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HomeMy WebLinkAboutR-2021-132 Resolution authorizing a Memorandum of Understanding with the Federal Bureau of Investigations (FBI) related to the Safe Streets Task ForceA RESOLUTION RESOLUTION NO. R-2021-132 authorizing a Memorandum of Understanding between the Federal Bureau of Investigations ("FBI") and the Yakima Police Department as it relates to the Safe Streets Task Force WHEREAS, the Yakima Police Department and FBI seek to maintain a Safe Streets Task Force to identify and target for prosecution criminal enterprise groups responsible for drug trafficking, money laundering, and serious crimes of violence within the City of Yakima; and WHEREAS, the Memorandum of Understanding sets forth the conditions of cooperation between the parties and the obligations of each party with respect to the Task Force; and, WHEREAS, the City Council deems it to be in the best interest of the City to approve the MOU, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA The City Manager is hereby authorized and directed to execute the Memorandum of Understanding between the Federal Bureau of Investigations ("FBI") and the Yakima Police Department as it relates to the FBI Safe Streets Task Force. ADOPTED BY THE CITY COUNCIL this 5th day of October, 2021, atricia Byers, ayor FOR OFFICIAL USE ONLY 1 FEDERAL BUREAU OF INVESTIGATION SOUTHEAST WASHINGTON SAFE STREETS TASK FORCE MEMORANDUM OF UNDERSTANDING PARTIES This Memorandum of Understanding (MOU) is entered into by and between the Federal Bureau of Investigation (FBI) and the Yakima Police Department (participating agency) (collectively: the Parties). 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; 34 U.S.C. § 10211; Title 28, Code of Federal Regulations (C.F.R.), § 0.85; and applicable United States Attorney General's Guidelines. PURPOSE The purpose of this MOU is to delineate the responsibilities of the Southeast Washington Safe Streets Task Force (SSTF) personnel; formalize relationships between participating agencies for policy guidance, planning, training, public and media relations; and maximize inter -agency cooperation. This MOU is not intended, and should not be 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 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 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 A. Supervision Overall management ofthe S8TFshall bGthe shared responsibility ofthe FBI and participating agency heads and/or their designees. 6, The Special Agent inCharge 0SAC>ofthe FBI Seattle Division shall designate one Supervisory Special Agent f8STFSupervisor) tosupervise the 8STF. TheGGTF Supervisor may designate a Special Agent to serve as the SSTF Coordinator. Either the O8TF Supervisor orthe SSTFCoordinator shall oversee day-to-dayoperational and investigative matters pertaining tothe SGTF. 7. Conduct undertaken outside the scope ofonindividua'sGSTF duties and assignments under this MOU shall not fall within the oversight responsibility of the SSTF Supervisor or SOTFCoundincder. As stated inparagraph 76. bo|ovx. neither the United States nor the FBI shall beresponsible for such conduct, & SSTFpersonnel will report tohis nrher respective agency for personnel and administrative matters. Each participating agency shall beresponsible for the pay, overtime, |eave, performance appraisals, and other personnel matters relating to its employees detailed tothe 8STF. The FBI and the participating agency may provide for overtime reimbursement bythe FBI byseparate written agreement. All FBI personnel will adhere to the FBI's ethical otmnde[de. including Department of Justice (DOU)/FB| regulations relating t0 outside employment and prepublication review mmttene, and will remain subject bothe Supplemental Standards of Ethical conduct for employees gfthe [JOJ. 10. All SSTF personnel, which includes Task Force Officers, Task Force Members, and Task Force Particip8nt8, must adhere hothe applicable U.S. Attorney General's Guidelines and Domestic Investigations, and Operations Guide (DIOG), 11. SSTF personnel will continue to report to their respective agency heads for non - investigative administrative matters not detailed in this MOU, 12. Continued assignment of personnel to the SSTFwil| be based on performance and at the discretion ofappropriate management. The FBI SAC and 88TFSupervisor will also retain discretion to remove any individual from the SSTF. El Case Assignments 13. The FBI SGTFSupervisor will be responsible for opening, monitorino, direoting, and closing SSTF investigations in accordance with existing FBI policy and the applicable U.G.Attorney General's Guidelines, FOR OFFICIAL USE ONLY This document |sthe property ofthe FBI and is loaned hoyour Neither it nor its contents may be released without authorization by FBI Headquortem. FOR OFFICIAL USE ONLY 14. Assignments of cases to personnel will be based on, but not limited to, expeheOCe, training, and performance, in addition to the discretion of the S8TFSupenvisor 15, For FBI administrative pmrposea. G8TF cases will be entered into the relevant FBI computer system. 16, S8TFpersonnel will have equal responsibility for each case assigned. GGTFpersonne| will be responsible for complete investigation from predication to resolution, C. Resource Control 17. 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 ordesignee shall bekept fully apprised ofall investigative developments byhis orher subordinates, OPERATIONS A. Investigative Exclusivity 18. |tisagreed that matters designated tobehandled by the SSTF will not knowingly be subject tonOn-5GTFlaw enforcement efforts bvany Vfthe participating agencies, It is incumbent on each agency to make proper internal notification regarding the SSTF's existence and areas of concern, 19. It is agreed that there is to be no unilateral action taken on the part of the FBI or any participating agency relating bJGOTFinvestigations nrareas mfconcern aadescribed in paragraph 4. All law enforcement actions will becoordinated and cooperatively carried out 208STF investigative leads outside ofthe geographic areas ofresponsibility for the FBI Seattle Division will be communicated to other FBI offices for appropriate investigation, B. Confidential Human Sources 21. The disclosure nfFBI informants, or Confidential Human Sources 8CHSs\,tn non-S5TF personnel will be limited to those situations where it is essential to the effective performance of the8STF. These disclosures will beconsistent with applicable FBI 22. Non -FBI G8TFpersonnel may not make any further disclosure Ofthe identity ofanFBI [|H8.including toother individuals assigned tothe G8TF. No documents which identify, tend to identify, or may indirectly identify an FBI CHS may be released without prior FBI approval, FOR OFFICIAL USE ONLY This document isthe property ofthe FBI and is loaned uoyour Neither itnor its contents may he released without authorization by FBI Heodquartern. FOR OFFICIAL USE ONLY 23. |nthose instances where aparticipating agency provideso{}H8.the FBI may 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 FBL 24. The U.GAttorney General's Guidelines and FBI policy and procedure for operating F0| CH8ushall apply 10all FBI CHGeopened and operated infurtherance ofS8TF investigations. Documentation of, and any payments 0ade to, FBI GHSs shall be in accordance with FBI policy and procedure. 25. Operation,documentation, and payment qfany CHSopened and operated in furtherance ofen8STFinvestigation must beinaccordance with the U.S. Attorney General's Guidelines, regardless ofwhether the handling agency i8Gn FBI S8TFparticipating agency. Documentation ofstate, county, orlocal CH8aopened and operated in furtherance of SSTF investigations shall be maintained at an agreed upon location, C. Reports and Records 26, All investigative napnrbnQ will be prepared in compliance with existing FBI policy. Subject tupertinent legal and/or policy restrictions, copies ofpertinent documents created hy SSTF personnel will be made available for inclusion in the respective investigative agencies' files as appropriate. 27. G8TFreports prepared incases assigned to S8TFpersonnel will bemaintained atgnFBI approved location; original documents will be maintained by the FBI, 28. Records and reports generated inS8TFcases which are opened and assigned by the GGTFSupervisor with designated oversight for investigative and personnel matters will be maintained in the FBI investigative file for SSTF, 29. 88TF investigative records maintained an the Seattle Field Dffims of the FBI will be available to all SSTF personnel, as well as their supervisory and command staff subject to pertinent legal, administrative and/or policy restrictions. 30. All evidence and original tape recordings (audio and video) acquired by the FBI during the course nfthe 8STFinvestigations will bemaintained bythe FBI. The FBI's rules and policies governing the submission, retrieval, and chain of custody will be adhered to by GGTFpernonnei 31. All S8TFinvestigative records will bemaintained ctanapproved 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 SSTF Supervisor approval. FOR OFFICIAL USE ONLY This document is the property of theFB and is loaned toyour agenny Neither it nor its contents may be released without authorization by FBI Headquartara. FOR OFFICIAL USE ONLY 32. Classified information and/or documents containing information that identifies ortends bo identify an FBI CHS shall not be placed in the files of participating agencies unless appropriate FBI policy has been satisfied, 33. The Parties acknowledge that this MOUmay provide SSTF personnel with access to information about U.S. persons which is protected by the Privacy Act of 1074 and/or Executive Order 12333. The Parties expressly agree that all such information will Ue handled lawfully pursuant tothe provisions thereof. The Parties further agree that ifthis access toinformation bySSTFpersonnel requires achange inprivacy compliance documents, those changes will be accomplished prior to access being granted. INFORMATION SHARING 34. Noinformation possessed bvthe FBI, toinclude information derived from informal communications between SSTF personnel and FBI employees not assigned to the SSTF, may be disseminated by SSTF personnel 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 direct|y. Likewise. 8STF personnel will not provide any participating agency information tothe FBI that ionot otherwise available to it unless authorized by appropriate participating agency officials. 35. Each Party that discloses PUkoresponsible for making reasonable efforts tnensure that the information disclosed is accurate, complete, timely, and relevant. 36. 'The FBI iaproviding access tninformation from its records with the understanding that in the event the recipient becomes avvone of any inaccuracies in the data, the recipient will promptly notify the FBI aP that corrective action can be taken. Similarly, if the FBI becomes mVxano that information it has received pursuant tothis K0C]U is inaccunJte, it will notify the contributing Party sothat corrective action can betaken. 37 Each Party is responsible for ensuring that information it discloses was not knowingly obtained or maintained in violation of any law nr policy applicable to the d|ao|oo|n8 Party. and that information is only made available to the receiving Party as may be permitted by ]mm/e, nagu|gtiono, po|ioies, or procedures applicable to the disclosing Party. 38. 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 orbreachoa). 39. 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 inplace. FOR OFFICIAL This document isthe property ofthe FBI and is loaned bzyour Neither knor its contents may bereleased without authorization byFBI Heacqumrtero, FOR OFFICIAL USE ONLY PROSECUTIONS 40. 8STFinVeDtigadve procedures,whenever practicable, are toconform to the requirements which would allow for either federal or state prosecution, 41. A determination will be made on a case -by -case basis whether the prosecution of SSTF cases will be;dthe state n[federal level. This determination will bebased onthe evidence obtained and a consideration ofwhich level Ofprosecution would beOfthe greatest benefit tothe overall objectives ofthe SSTF. 42. In the event that ostate 0r local matter, isdeveloped that isoutside the jurisdiction nfthe 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 43. For cases assigned toonFB[8 ia|AgentorinvvhichFBiCf1Ssareuti|ized.thn Parties agree to conform to federal standards concerning evidence collection, processing, storage, and electronic surveillance. However, insituations where the investigation will heprosecuted inthe State Court where statutory orcommon law mfthe state |amore 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 mdecision gotgvenue for prosecution, 44. 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 []|{}G tothe greatest extent possible, However, in situations xvhena the statutory or cnrDrDon |avv 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 iavV pending 8decision astovenue for prosecution, 45 The use of other investigative methods (search mxarnanbs, interceptions of oral communications, etc.) and reporting procedures in connection therewith will be consistent with the policies and procedures ofthe FBI. B. Undercover Operations 46. All SSTFundercover operations will beconducted and reviewed inaccordance with FBI guidelines and the U.S. Attorney General's Guidelines on FBI Undercover Operations. All participating agencies may berequested toenter into anadditional agreement if an employee of the participating agency is assigned duties which require the officer to act in anundercover capacity, FOR OFFICIAL USE ONLY This document isthe property ofthe FBI and isloaned rmgenny Neither itnor its contents may be released without authorization by FBI Headquadena. FOR OFFICIAL USE ONLY USE OFLESS-THIAN-LETHAL-DEDCE-S' 47 The parent agency of each individual assigned bnthe 8STFwill 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 inaccordance with the agency's policies and procedures, 4& The parent agency ofeach individual assigned tothe 8STFwill ensure that the agency's policies and procedures for use ofany less -lethal device that will he carded bythe task force officer, task force member, or task force participant are consistent with the DOJ policy statement nnthe Use ofLess-Thmn-Lethm|[>evices.o DEADLY, FORCE��������T|�KS|�K�|�EmTP��L|C|ES � � � 49SSTFpersonnel will follow their own agencies' policies concerning firearms discharge and use ofdeadly force. DEPUTATIONS 50. Local and state law enforcement personnel designated to the SGTF.subject toalimited background inquiry, shall be sworn as federal task force officers either by acquiring Title 21 or Title 18authority (via the United States Marshals), with the FBI securing the required deputation authorization. These deputations should remain ineffect throughout the tenure ofeach investigator's assignment 1Vthe S8TForuntil the termination ofthe SSTF.whichever comes first. 51. Deputized S8TFpersonnel will be subject tmthe rules and regulations pertaining to such deputmtion. Administrative and personnel policies imposed by the participating agencies will not Uevoided bydeputation oftheir respective personnel, / 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 tothe policy and its limits onD[)Jofficers, z Less -lethal — When use of force is required, but deadly force may not be appropriate, law enforcement officers may employ less -lethal weapons to gain control of a subject, Less -lethal weapons are designed toinduce osubject tosubmit orcomply with directions. These weapons give law enforcement officers the ability toprotect the safety nfofficers, subjects, and the public bytemporarily incapacitating subjects, While less -lethal weapons are intended to avoid causIng any serious harm or injury toasubject, significant injuries snddeaLhoanoncorhromthoiruae. The term ^|eso-thun-|etha|^insynonymous with ^|ess-|ntha|^.^non'|etho|^."non'daad|y''.and other terms referring to devices used in situations covered by the DOJ Policy on the Use of Less-Than- LethalDaviceo. "Less -lethal" is the industry standard and the terminology the FBI has elected to utilize in reference bmthis policy. FOR OFFICIAL FOR OFFICIAL USE ONLY VEHICLES 52. In furtherance of this MOU.employees of participating agencies maybe 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 iOthe FBI Government Vehicle Policy Directive /0430O\ and the Government Vehicle Policy |nnp|ennenbytinn Guide(O45OPG). The assignment of8nFBI owned Vrleased vehicle tDparticipating agency SSTF personnel will require the execution of a separate Vehicle Use Agreement. 53. The participating agencies agree that FBI vehicles will not be used to transport passengers unrelated to SSTF business. 54. The FBI and the United States will not be responsiblefor any tOrtiouuact mromission on the part Ofeach participating agency and/or its employees orfor any liability resulting from the use nfmnFBI owned orleased vehicle utilized byparticipating agenoyGSTF personnel, except where liability may fall under the provisions of the Federal Tort Claims Act(FTCA). as discussed iothe Liability Section herein below. 55. 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 participating agency SSTF personnel while engaged in any conduct other than their official duties and assignments under this MOU. 56. Tothe extent permitted byapplicable law, the participating agencies agree to hold harmless the FBI and the United States, for any claim for property damage mrpersonal injury arising from any use of an FBI owned or leased vehicle by participating agency 8STFpersonnel which iooutside, the scope 0ftheir official duties and assignments under thieMOU. SALARY/OVERTIME COMPENSATION 57. The FBI and each participating agency 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 58 below. 5& Subject to funding availability and legislative authorization, the FBI will reimburse to participating agencies the cost of overtime worked by non-federal SSTF personnel assigned full-time to S3TF, provided overtime expenses were incurred oso result of GSTF'nB[8ted duties, and subject tothe provisions and limitations set forth in m separate Cost Reimbursement Agreement to be executed inconjunction m/iththioyW{}U. A separate Cost Reimbursement Agreement must be executed between the FBI and participating agencies for full-time employee(s) assigned to SSTF, consistent with nagu|mUono and po|icy, prior to any reimbursement by the FBI, C#henw/se, overtime shall becompensated inaccordance with applicable participating agency overtime provisions and shall besubject tothe prior approval ofappropriate personnel, FOR OFFICIAL USE ONLY This document hsthe property ofthe FBI and ialoaned boyour agency. Neither it nor its contents may be released without authorization by FBI Headquarters. FOR OFFICIAL USE ONLY 9 PROPERTY AND EQUIPMENT 59. Property utilized bvthe SSTFinconnection with authorized investigations and/or operations and inthe custody and control and used atthe direction nfthe 88TP.will bo maintained in accordance with the policies and procedures of the agency supplying the equipment. Property damaged ordestroyed which was utilized bySGTFiDconnection with authorized investigations and/or operations and is in the custody and control and used atthe direction ofS8TF.will bethe financial responsibility Ofthe agency supplying said property. FUNDING 60. This MOUisnot mnobligation orcommitment of funds, nor abasis for transfer of fumds, 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 inwriting, each Party shall bear its own costs inrelation 10 thisyNOU. Expenditures by each Party will besubject toits budgetary processes and b]the availability offunds and resources pursuant to applicable laws, reQu|ationa, and policies. The Parties expressly acknowledge that the above language innoway implies that Congress will appropriate funds for such expenditures. FORFEITURES 61, The FBI shall beresponsible for processing assets seized for federal forfeiture hn conjunction with SSTF operations, 62. Asset forfeitures will be conducted inaccordance with federal law and the rules and regulations set forth bvthe FBI and [)OJ. Forfeitures attributable toG8TFinvestigations maybe equitably shared with the agencies participating inthe 88TF. DISPUTE RESOLUTION 63. In cases of overlapping jurisdiction, the participating agencies agree to work in concert to achieve the SSTF's objectives. 64. The participating agencies agree toattempt tmresolve any disputes regarding jurisdiction, case assignments, workload, etn.adthe field level first before referring the matter tV supervisory personnel for resolution, MEDIA RELEASES 65. All media releases and statements will bemutually agreed upon and jointly handled according tVFBI and participating agency guidelines. FOR OFFICIAL USE ONLY This document is the propertyof the FBI and isloaned to!your agency, Neither itnor its contents may be released without authorization by FBI Headquarters. FOR OFFICIAL USE ONLY 10 88. Pnano releases will conform to DOJ Guidelines regarding press releases. No release will beissued without FBI final approval. SELECTION TOGSTFAND SECURITY CLEARANCES 67. If a participating agency candidate for the 8STFwiU require o security clearance, he or she will be contacted by FBI security personnel to begin the background investigation process prior tothe assigned start date, 68. If, for any reason, the FBI determines that a participating agency candidate is not qualified or eligible to serve on the SSTF, the participating agency will be so advised and arequest will bemade for another candidate. 09. Upon being selected, each candidate will receive acomprehensive briefing onFBI 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. 70. Before receiving unescorted access to FBI space identified as an open storage facility, SGTF personnel will be required to obtain and maintain a "Top Secret" security clearance. SSTF personnel will not be allowed unescorted access to FBI space unless they have received @ Top Secret security clearance. 71. Upon departure from the SSTF.each individual whose assignment tothe 8STFis completed will be given a security debriefing and reminded of the provisions contained in the non -disclosure agreement tmwhich heQrshe previously agreed, LIABILITY 72 The Parties 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, 73. Each participating agency uhoU immediately notify the FBI of any civU, aUministoative, 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 8BTForotherwise relating tothe SOTF. Each participating agency acknowledges that financial and civil Dabi|ity, if any and in accordance with applicable |avv, for the mots and omissions of each employee detailed to the SSTF remains vested with his or her employing agency. In the event that e civil claim or complaint is brought against m 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. FOR OFFICIAL USE ONLY This document is the property ofthe FBI and is loaned to your eq�ncy Neither itnor its contents may be released without authorization by FBI Headquortem. FOR OFFICIAL USE ONLY 11 74, For the limited purpose Ofdefending against a civil claim arising from alleged negligent or wrongful conduct under common law under the FTCA.28U.8.C. §1346(b) and G§3071- 2O88:anindividual assigned to the G8TFwho isnamed asadefendant iD@civil action as aresult ofo[inconnection with the performance ofhis orher official duties and assignments pursuant tothis K8C}Umay request tnbgcertified bythe U.8.Attorney General or his designee as having acted within the scope of federal employment at the time ofthe incident giving rise to the suit, 28 U.S.C. G 3679(d)(2). Upon such certificadioO, the individual will be considered an "emp|oyee"Qfthe United States government for the limited purpose of defending the civil claim under the FTCA, and the claim will proceed against the United States aGsole defendant. 28U.S.C. §287S(d)(2). Once anindividual is certified as aOemployee ofthe United States for purposes ofthe FTCA.the United States issubstituted for the employee aothe sole defendant with respect toany tort claims. Decisions regarding certification ofemployment under the FTCAare made onecmse-bv-oaoebasis, and the FBI cannot guarantee such certification tmany SSTFpersonnel. 75. For the limited purpose ofdefending against @ civil claim arising from onalleged violation mfthe U.S.Constitution pursuant to42U.8.C. §19G3orBivenoy.Six Unknown Named Acients ofthe Federal Bureau ofNarcotics, 4O3U.8'3OD(1S71): anindividual assigned to the SSTFwho ionamed aoadefendant in acivil action @Garesult oforinconnection with the performance of his or her official duties and assignments pursuant to this MOU may request individ u al-ca pa city representation by DOJ to defend against the claims, 38 C.F.R,8§5Q.15.5O.16. Any such request for individual -capacity representation must bm 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 Seattle 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 OCQ. 28C.F.R. § 50.15(o)(4). Requests for [)OJrepresentation and indemnification are determined byDOJqnocaae-by-oaaebasis, The FBI cannot guarantee the United States will provide legal representation or indemnification to any SSTFpenaonne|. 76. Liability for any conduct bvSGTFpersonnel undertaken outside Ofthe scope oftheir assigned duties and responsibilities under this M[)Ushall not bethe responsibility ofthe FBI or the United States and shall be the o0|e responsibility of the respective employee and/or agency involved, DURATION 77 The term of this MOU is for the duration of the SSTF's operations, contingent upon approval ofnecessary funding, but may beterminated sdany time upon written mutual consent ofthe agency involved, FOR OFFICIAL USE ONLY This document imthe property ofthe FBI and isloaned to your Neither |tnor its contents may be released without authorization by F8| Roadquertera. FOR OFFICIAL USE ONLY 12 78. Any participating agency may withdraw from the SSTF at any time by written notification to the SSTF Supervisor with designated oversight for investigative and personnel matters or program manager of the SSTF at least 30 days prior to withdrawal. 79. Upon termination of this MOU, all equipment provided to the SSTF will be returned to the supplying agency/agencies. in addition, when an entity vvithdrayvs from the MOU, the entity will return equipment to the supplying agencyfagencies. Similarly, remaining agencies will return to a withdrawing agency any unexpended equipment supplied by the withdrawing agency during any SSTF participation. ODIFICATIONS 80. This agreement may be modified at any time by written consent of all involved agencies. 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. Donald M. V ret Special Agent in Charge Seattle Division F al Bureau oUpestiiation Bob -Harrison YLill City Manager City of Yakima CFTY CONTRACT NO: RESOLUTION NOU t Off 1 Date FOR OFFICIAL USE ONLY This document is the property of the FBI arid is loaned to your agency. Neither it nor its contents may be released without authorizatlon by FBI Headquarters 1 ITEM TITLE: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEM ENT Item No. 4.H. For Meeting of: October 5, 2021 Resolution authorizing a Memorandum of Understanding with the Federal Bureau of Investigations (FBI) related to the Safe Streets Task Force SUBMITTED BY: Jay Seely, Captain Matt Murray, Chief of Police SUMMARY EXPLANATION: A memorandum of understanding between the Federal Bureau of Investigations (FBI) and the Yakima Police Department as it relates to the Safe Streets Task Force (SSTF). The Task Force will identify federal investigative interests and enhance the effectiveness of resources and seek the most effective investigative/prospective avenues to convict and incarcerate dangerous offenders. ITEM BUDGETED: NA STRATEGIC PRIORITY: Public Safety APPROVED FOR SUBMITTAL BY THE CITY MANAGER RECOMMENDATION: Adopt resolution. ATTACHMENTS: Description Upload Date ❑ resolution 9/27/2021 0 FBI MOU 9/23/2021 Type Resolution Backup Material