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Home My WebLink AboutCAG2017-0343 - Original - FBI - MOU Criminal Enterprise Task Force - 03/27/2017ApprovalOriginator:Department: Date Sent:Date Required: Authorized to Sign: o Director or Designee o Mayor Date of Council Approval: Budget Account Number: Budget? o Yes o No Grant? o Yes o No Type:Review/Signatures/RoutingDate Received by City Attorney:Comments: Date Routed to the Mayor’s Office: Date Routed to the City Clerk’s Office:Agreement InformationVendor Name:Category: Vendor Number:Sub-Category: Project Name: Project Details: Agreement Amount: Start Date: Basis for Selection of Contractor: Termination Date: Local Business? o Yes o No* *If meets requirements per KCC 3.70.100, please complete “Vendor Purchase-Local Exceptions” form on Cityspace. Notice required prior to disclosure? o Yes o No Contract Number: Agreement Routing Form For Approvals, Signatures and Records Management This form combines & replaces the Request for Mayor’s Signature and Contract Cover Sheet forms. (Print on pink or cherry colored paper) Visit Documents.KentWA.gov to obtain copies of all agreementsadccW22373_1_20 MEMORANDUM OF UNDERSTANDING . Fon orpIcIRI- Use oruIy FEDERAL BUREAU OF INVESTIGATION SEATTLE TRANSNATIONAL ORGANIZED CR¡ME WESTERN"HEMISPI-IERE GRIMINAL ENTERPRISE TASK FORCE SEATTLE, WASI-IINGTON FEDERAI- BUREAU OF !NVESTIGAÏION KENT PCLICE DEPARTÍVIENT 1 Fon OrplctAl [JsE Oruly This document is the property of the FBI and is loaned to vour aoencv.Neither it nor its contents may Od reléased without authorization O'/f niÉäailquarters ÀC-1,a> MEMORANDUM OF UNDERSTANDING - Fon orrlcnl Use or.¡Iy MEMORANDUM OF UNDERSTANDING TABLE OF CONTENTS V I PARTIES II AUTHORITIES III PURPOSE IV. MISSION SUPERVISION AND CONTROL A. Supervision B. Case Assignments C. Resource Control VI OPERATIONS. A. lnvestigative Ëxclusivity B. Confidential Human Sources C. Reports and Records VII. INFORMATION SHARING VIII. PROSECUTIONS. A. lnvestigative Methods/Evidence B. Undercover Operations 4 4 4 4 Page 4 10 10 10 11 6 B B tx. X. XI, xil. xilt XIV USE OF LESS-THAN-LETHAL.DEVICES DEADLY FORCE AND SHOOTING INCIDENT POLICIES DEPUTATIONS VEH ICL.ES SALARYIOVËRTtME COMpENSATTON ...:...... .... PROPERTY AND EQUIPMENT... . 2 Fon Orncrnl UsE Oruly ,LO Thi Neither it n l s document is the property of the FBI and is loaned to your agency.or its contents may be released without auihorization by FBI Éeadquarters 11 XV. XVI. XVII. XVIII XIX. XX. XXI. XXII. XXIII MEMORANDUM OF UNDERSTANDING . FoR orrlcle¡- Use oruIY FUNDI NG 3 FoR Orrrclar UsE 0¡¡ly This document is the propertv of the FBI and is loaned to vour aoencv. Neither it nor its contents may neJ reléased without authorization by FBI Éeadquarters 12 FORFEITURES 12 DISPUTE RESOLUTION 12 MEDIA RELEASES 12 SELECTION TO CE Task Force AND SECURTTY CLEARANCES 12 LIABILITY 13 DURATION 14 MODIFICATIONS 15 SIGNATORIES 15 MEMORANDUM OF UNDERSTANDING . Fon oTTIcIAL UsE ouly FEDERAL BUREAU OF INVESTIGATION SEATTLE TRANSNATIONAL ORGANIZED CRIME WESTERN HEMISPHERE CRIMINAL ENTERPRISE TASK FORCE (CE Task Force) MEMORANDUM OF UNDERSTANDING I. PARTIES This Memorandum of Understanding (MOU) is entered into by and between the Federal Bureau of lnvestigation (FBl) and the Kent Police Department (KPD). Nothing in this MOU should be construed as limiting or impeding the basic spirit of cooperation which exists between these agencies. AUTH ORITIES 2. Authority for the FBI to enter into this agreement can be found at Title 28, United States Code (U.S.C.), Section (S) 533; 42 U.S.C. S 3771; Title 28, Code of Federal Regulations (C.F.R.), S 0.85; and applicable United States Attorney General's Guidelines. III. PURPOSE 3. The purpose of this MOU is to delineate the responsibilities of the Seattle Task Force (CE Task Force) personnel to 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. IV. MISSION 4. The mission of the CE Task Force is to identify, target, and prosecute Transnational. Criminal Organizations who are engaged in criminal activity'involving a myriad of federal violations including but not limited to: drug trafficking, money laundering, homicide, extortion, kidnapping, and public corruption. The CE Task Force will enhance the effectiveness of federal/state/local law enforcement resources through a well-coordinated initiative seeking the most effective investigative/prosecutorial avenues by which to convict and incarcerate dangerous offenders. SU PERVISI Ot{ AN D COi-XTROL A. Supervision 4 Fon Orrrclal l,.ise Ol¡ry This document is the propertv of the FBI and is loaned to vour aoencv. Neither it nor its contents may Oei released without authorizatron Oy f et Ëeadquarters It 6 FoR Ornclnr Use Oruly 5. Overall management of the CE Task Force shall be the shared responsibility of the participating agency heads and/or their designees. The Special Agent in Charge (SAC) of the Seattle Division shall designate one Supervisory Special Agent (CE Task Force Supervisor) to supervise ihe CE Task Force. The cE Task Force supervisor may designate a special Agent to serve as the Transnational Organized Crime Western Hemisphere CE Task Force Coordinator (Task Force Coordinator). Either the CE Task Force Supervisor or the Task Force Coordinator shall oversee day{o-day operational and investigative matters pertaining to the CE Task Force. Conduct undertaken outside the scope of an individual's CE Task Force duties and assignments under this MOU shall not fall within the oversight responsibility of the CE Task Force Supervisor or Task Force Coordinator. As stated in paragraph 70, below, neither the United States nor the FBI shall be responsible for such conduct. FBI employees will continue to adhere to the Bureau's ethical standards, including Department of Justice (DOJyFBI 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. CE Task Force personnel will continue to reportto their respective agency heads for non- investigative administrative matters not detailed in this MOU. Continued assignment of personnel to the CE Task Force will be based on performance and at the discretion of appropriate management. The FBI SAC and CE Task Force Supervisor will also retain discretion to remove any individual from the CE Task Force. 7 I I 10. B. Case Assignments 11. The FBI CE Task Force Supervisor will be responsible for opening, monitoring, directing, and closing CE Task Force investigations in accordance with existing FBI policy and thé 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 CE Task Force Supervisor. 13. For FBI administrative purposes, CE Task Force cases w¡lt Oe entered into the relevant FBI computer system. 14. CE Task Force personnel will have equal responsibility for each case assigneOl Cf fast Force personnel will be responsible for complete investigation from predicátion to resolution. 5 Foq OrncrAL UsE Orr¡r_y This document is the property of the FBI and is loaned to vour aoencv.Neither it nor its contents may ne released without authorization Uy f ntÉeadquarters Fon Ornclal Use Oruly C. Resource Gontrol 15. The head of each participating agency shall determine the resources to be dedicated by that agency to the CE Task Force, 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 ñis or her subordinates. VI. OPERATIONS A. lnvestigative Exclusivity 16. lt is agreed that matters designated to be handled by the CE Task Force will not knowingly be subject to non-CE Task Force law enforcement efforts by any of the participating agencies. lt is incumbent on each agency to make proper internal notification regarding the CE Task Force's existence and areas of concern. 17 . lt is agreed that there is to be no unilateral action taken on the part of the FBI or any participating agency relating to CE Task Force investigations or areas of concern as described in paragraph 3. All law enforcement actions will be coordinated and cooperatively carried out. 18. CE Task Force investigative leads outside of the geographic areas of responsibility for FBI Seattle 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-CE. Task Force personnel will be limited to those situations where it is essential to the effective performance of the CE Task Force. These disclosures will be consistent with appllcable FBI guidelines. 20. Non-FBl CE Task Force personnel may not make any further disclosure of the identity of an FBI CHS, including to other individuals assigned to the CE Task Force. No documents which identify, tend to identify, or may indirectly identify an FBI CHS may be released without prior FBI approval. 21. ln those instances where a participating agency provides a CHS, the FBI may, with the agreement of the participating agency, 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. 22., The United States Attorney General's Guidelines and FBI policy and proceclure for operating FBI CHSs shail apply to all FBI CHSs opened and operated in furtherance of 6 Fon OrncrAl UsE Oruly This document is the property of the FBI and is loaned to Vour aqencv. Neither it nor its contents may nd reléased without authorization by FBI Éeadquarters FoR Orrrclnl Use O¡,¡l_y CE Task Force 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 CE Task Force investigation must be in accordance with the United States Attorney General's Guidelines, regardless of whether the handling agency is an FBI CE Task Force participating agency. Documentation of state, county, or local CHSs opened and operated in furtherance of CE Task Force 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 CE Task Force personnel may be made available for inclusion in the respective investigative agencies' files as appropriate. 25. CE Task Force reports prepared in cases assigned to CE Task Force personnelwill be maintained at an FBI approved location; original documents will be maintained by the FBI. 26. Records and reports generated in CE Task Force 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 CE Task Force. 27. CE Task Force investigative records maintained at the Seattle Field Office of the FBI will be available to all CE Task Force 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 CE Task Force investigations will be maintained by the FBl. The FBI's rules and policies governing the submission, retrieval and chain of custody will be adhered to by CE Task Force personnel. 29. All CE Task Force 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 agenıies-, suóject to SSA approval. 30 Classified information andior documents containing information that identifies or tends to identify an FBI CHS shall not be placed in the files of par.ticipating agencies unless appropriate FBI policy has been satisfied. The Parties acknowledge that this MOU may provide CE Task Force personnel with access to information about U.S. persons which is protected by the Privacy Act of 1g74 and/or Executive Order 1233g. The Parties expressly agree that all such information will pon ornÉrRl use o¡¡ly This document is the propertv of the FBI and is loaned to vour aoencv.Neither it nor its contents may be reléased withoui authorization by FBI Éteadquarters. 31 vil. 32 33 Fon Orncnl Use Oruly be handled lawfully pursuant to the provisions thereof. The Parties further agree that if this access to information by CE Task Force personnel requires a change in privacy compliance documents, those changes will be accomplished prior to access being granted. INFORMATION SHARING No information posàessed by the FBl, to include information derived from informal communications between CE Task Force personnel and FBI employees not assigned to the CE Task Force, may be disseminated by CE Tast< Force personnelto non-CE Task Force personnel without the approval of the cE Task Force supervisor and i¡ 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, CE Task Force 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. Each Party that discloses information 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). VIII. P-ROSECUT¡ONS 37. CE Task Force investigative procedures, whenever practicable, are to conform to the requirements which would allow for either federal or state prosecution. 38. A determination will be made on a case-by-case basis whether the prosecution of CE Task Force 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 CE Task Force. B Fon OrncrAL UsE Oruly This document is the propertv of the FBI and is loaned to vour aoencv. Neither it nor its contents may be reléased without authorization bi FBI Éeadquarters Fon Orncrlr- Use Oruly 39. ln 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 CE Task Force 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. lnvestigative Methods/Evidence 40. For cases assigned to an FBI SpecialAgent 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. 41. ln 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 lnvestigations 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. 42. ïhe 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 FBl. B. Undercover Operations 43. All CE Task Force undercover operations will be conducted and reviewed in accordance with FBI guidelines and the Attorney General's Guidelines on Federal Bureau of lnvestigation 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. I FoR Orncral Usr On¡ly This document is the orooertv of the FBI and is loaned to vour aoencv. Neither it nor its contents may nei reléased without authorization b'y FBI Éeadquarters Fon Ornclel Use O¡¡r_y IX. USE OF L ES S.THA .DEVICESl 44. Ïhe parent agency of each individual assigned to the CE Task Force 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-than-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. 45. State/local officers participating in joint task force operations must be made aware of and adhere to the DOJ Less-Than-Lethal Devices Policy. X.DEAD LY FORCE AND SHOOTING INCI NT POLICIES 46. CE Task Force personnel will follow their own agencies' policies concerning firearms discharge and use of deadly force. XI. DEPUTATIONS 47. Local and state law enforcement personnel designated to the CE Task Force, 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 CE Task Force or until the termination of the CE Task Force, whichever comes first. 48. Deputized CE Task Force personnel will be subject to the rules and regulations pertaining to such deputation. Task Force personnel will continue to reportto their respective agency for personnel administrative matters. xil.VE HICLES 49. ln furtherance of this MOU, employees of KPD may be permitted to drive FBI owned or leased vehicles for official CE Task Force 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 lmplementation Guide (0430PG). The assignment of an FBI owned or leased vehicle to KPD CE Task Force personnel will require the execution of a separate Vehicle Use Agreement. 50. The participating agencies agree that FBI vehicles will not be used to transport passengers unrelated to CE Task Force business. ' Pursuant to Section Vlll 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 ancl adhere to the policy and its limits on DOJ officers. 10 FOR OTTIcIAL USE ONLy This document is the property of the FBI and is loaned to your aqencv. Neither it nor its contents may Uei reléased without authorization Uy f nt Éeadquarters Fon Orncrnl Use Oruly 51. The FBI and the United States will not be responsible for any tortious act or omission on the part of KPD and/or its employees or for any liability resulting from the use of an FBI owned or leased vehicle utilized by KPD CE Task Force personnel, except where liability may fall under the provisions of the Federal Tort Claims Act (FTCA), as discussed in the Liability Section herein below. 52. 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 KPD task force personnel while engaged in any conduct other than their official duties and assignments under this MOU. 53. To the extent permitted by applicable law, KPD 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 KPD CE Task Force personnel which is outside the scope of their official duties and assignments under this MOU. XIII. SALARY/OVERTIM E COMPENSATION 54. The FBI and KPD remain responsible for all personnel costs for their CE Task Force representatives, including salaries, overtime payments and fringe benefits consistent with their respective agency, except as described in paragraph 56 below. 55. Subject to funding availability and legislative authorization, the FBI will reimburse to LEA the cost of overtime worked by non-federal CE Task Force personnel assigned full{ime to CE Task Force, provided overtime expenses were incurred as a result of CE Task Force-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 KPD for full-time employee(s) assigned to CE Task Force, consistent with regulations and policy, prior to any reimbursement by the FBl. Otherwise, overtime shall be compensated in accordance with applicable KPD overtime provisions and shall be subject to the prior approval of appropriate personnel. X¡V. PROPERT'Y D EQUIPMENT 56. Property utilized by the CE Task Force in connection with authorized investigations and/or operations and in the custody and control and used at the direction of the CE Task Force, will be maintained in accordance with the policies and procedures of the agency supplying the equipment. Property damaged or destroyed which was utilized by CE Task Force in connection with authorlzed investigations and/or operations and is in the custody and control and used at the direction of CE Task Force, will be the financial responsibility of the agency supplying said property. 11 Fon Orn¡clnl UsE Oruly This document is the propertv of the FBI and is loaned to vour aoencv. Nleither it nor its contents may be! reléased without authorization by FBI Éeadquarters FoR Orncral Use Ouly XV. FUNDING 57. 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. XVI. FORFEITURES 58. The FBI shall be responsible for processing assets seized for federal forfeiture in ,conjunction with CE Task Force operations. 59. 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 CE Task Force investigations may be equitably shared, in accordance with federal law, with the agencies participating in the CE Task Force. XVII. DISPUTE RESOLUTION 60. ln cases of overlapping jurisdiction, the participating agencies agree to work in concert to achieve the CE Task Force's objectives. 61. 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. XVIII. MEDIA RELEASES 62 63 XIX. 64 All media releases and statements will be mutually agreed upon and jointly handled according to FBI and participating agency guidelines. Press releases will conform to DOJ Guidelines regarding press releases. No release will be issued without FBI final approval. SELECTION lO CE Task Foree AND SECURITY CLEARAN€ES lf a KPD candidate for the CE Task Force 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. 12 Fon OrncrAL UsE Orury This document is the propertv of the FBI and is loaned to vour aoencv. Neither it nor its contents may bé releasecl without authorizaiion by FBI Éeadquarters Fon Ornclnl Use Oruly 65. lf, for any reason, the FBI determines that an KPD candidate is not qualified or eligible to serve on the CE Task Force, the participating agency will be so advised and a request will be made for another candidate. 66. Upon being selected, each candidate will receive a comprehensive briefing on FBI field office security policies and procedures. During the briefing, each candidale will execute non-disclosure agreements (SF-31 2 and FD-868), as may be necessary or required by the FBl. 67. Before receiving unescorted access to FBI space identified as an open storage facility, CE Task Force personnelwill be required to obtain and maintain a "Top Secret" security clearance. CE Task Force personnelwill not be allowed unescorted access to FBI space unless they have received a Top Secret security clearance. 68. Upon departure from the CE Task Force, each individual whose assignment to the CE Task Force 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. XX. LIABILITY 69. 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 CE Task Force. 70. 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 CE Task Force or otherwise relating to the CE Task Force. The participating agency acknowledges that financial and civil liability, if any, and in accordance with applicable law, for acts and/or omissions of the assigned individual not within with the performance of the assigned individual's official duties and assignments pursuant to this MOU is not the responsibility of the FBI or the United States. ln the event that a civil claim or complaint is brought against a state or local officer assigned to the CE Task Force, in connection with the performance of his or her official duties and assignments pursuant to this MOU, the officer may request legal representation by DOJ, under the circumstances and pursuant to the statutes and regulations identified below. 71 . For the limited purpose of defending against a civil claim arising from alleged negligent or wrongful conduct undercommon law underthe FTCA,28 U.S.C. S 1346(b), and gg 2671- 2680: An individual assigned to the CE Task Force who is named as a defendant in a civil action as a result of or in connection with the performance of his or her official duties and assignments pursuant to this MOU may request to be certified by the Attorney General or his designee as having acted within the scope of federal employment at the time of the incident giving rise to the suit. 28 u.s.c. S 2679(dX2). upon such 13 rhis document is the ffr"Pfã'tÎl#rtri:f;ill.ttrnuo ro vour aqencv Neither it nor its contents may Oei reléased without authorization bi FBI Éeadquariers. Fon Ornclll- Use Oruly 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. S 2679(dX2). 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 CE Task Force personnel. 72. 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. S 19S3 or Bivens v. Six Unknown Named Aqents of the Federal Bureau of Narcotics, 403 U.S. 388 (1971): An individual assigned to the CE Task Force 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. SS 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 Seattle Division, who will then coordinate the request with the FBI Office of the General Counsel. ln the event of an adverse judgment against the individual, he or she may request indemnification from DOJ. 28 C.F.R. S 50.15(cXa). 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 CE Task Force personnel. 73. Liability for any conduct by CE Task Force 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. XXI. DURATION 74. Ïhe term of this MOU is for the duration of the CE Task Force's operations, contingent upon approval of necessary funding, but may be terminated at any time upon written mutual consent of the agency involved. 75. Any participating agency may withdraw from the CE Task Force at any time by written notification to the SSA with designated oversight for investigative and personnel matters or program manager of the CE Task Force at least 30 days prior to withdrawal. 76. Upon termination of this MOU, all equipment provided to the CE Task Force will be returned to the supplying agency/agencies. ln addition, when an entity withdraws from the MOU, the entity will return equipment to the supplying agency/agencies. Similarly, remaining agencies will return to a withdrawing agency any unexpended equipment supplied by the withdrawing agency during any CE Task Force participation. 14 rhis document is the #35"ff:iÎtrrgÎ:frÌ3tun"a ro vour aoencv Neither it nor its contents may Oei reléased without authorization Oy f At Éeadquariers. Fon Orncral Usr Oruly XXII. MODIFICATIONS 77. This agreement may be modified at any time by written consent of all involved agencies 78. 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. XXIII. SIGNATORIES SpecialAgent Date Fèderal Bu Se C Date Kent Police Department 15 FoR OFFtctAr_ Use 0¡¡lyïhis document is the property of the FBI and is loaned to your aqencv.Neither it nor its contents may be reléased without authorization bi FBI Éeadquarters in Charge u of lnvestigation n