INITIAL GRANT APPLICATION ROUTING FORM - SIGNED.PDF
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Initial Grant Application Routing Form Instructions: Complete entire section designated for Program Coordinator, obtain respective department approval(s) and deliver to Finance Grants Program Coordinator CCB 4th Floor (Heather Pfeiffer and Diane Cabanillas). Please note that fourteen (14) business days is required for Executive review and approval. TO BE COMPLETED BY PROGRAM COORDINATOR Department (Circle One): APD Grantor: FBI Central AZ Safe Trails Task Force Program Coordinator: Saul Schoon Phone Number: 602-506-3697 Grant Title: FBI Central AZ Safe Trails Task Force Grant Application Deadline: NIA Internal / External Partners: N/A Grant Start Date: When application is fully executed with all appropriate signatures Grant End Date: One year after grant is executed Letters of Support Provided By: N/A Amount of Grant Request . $18,449.00 Number of Judicial Branch FTEs Requested: 0 Match / In-kind Funds: N/A Cash Match = $0 In-Kind = $0 Grant Type: A This grant is NEW to this department. This grant is a renewal or continuation of an EXISTING grant held by this department. LI This grant is an ENHANCEMENT grant to this department providing expansion to an existing grant or a new area of emphasis. Indirect Costs: Allowed Percentage Recoverable Amount Request = $0.00 Brief statement explaining purpose of grant: Grant from the Federal Bureau of Investigation Central Arizona Safe Trails Task Force (CASTTF) for overtime payments made to officers assigned to and working full time on CASTTF related matters. DEPARTMENT APPROVALS This funding agreement has been reviewed and approved by: (Please enter "NIA" in the fields below where the Approver does not apply) Department Administrator Date: Initials: N/A Chief Probation Officer Initials: N/A Date: Finance Grant Program Coordinator Judicial Branch Administrator Initials: N/A Date: This ' rant a • ilic. on EXECUTIVE ..—,.. has been 'laced on the ADMINISTRATION ONLY court-wide Grant Tracker: LI YES NO Initials:477 AWA "mem Date: 151M Te ii. Court Counsel Initials: Date: Superior Court Presiding Judge: LI Grant application APPROVED • Grant application NOT APPROVED Signature Date Applies to AOC grant funding only: Clerk of the Court: LI Grant application APPROVED • Grant application NOT APPROVED Signature Date Rev. 01.04.19 For Official Use Only FEDERAL BUREAU OF INVESTIGATION CENTRAL ARIZONA SAFE TRAILS TASK FORCE Cost Reimbursement Agreement ICASTTF1 File No.: f196:113X-C3103878 Pursuant to Congressional appropriations, the Federal Bureau of Investigation (FBI) receives .authority to pay overtime for police officers assigned to the formalized Central Arizona Safe Trails Task Force - (CASTTF) 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 MARICOPA COUNTY . ADULT PROBATION DEPARTMENT (MCAPD) located at 201 W. Jefferson St, Phoenix AZ 85003 Taxpayer Identification Number: 88-8000472 and Telephone Number: 802.506-3871 that: 1. This Agreement is entered into pursuant to, and as an annex to, the FBI CASTTF MemoranduM of Understanding (Mou) signed by the Adult Probation Chief of MCAPD on March 19, 2020, 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 MCAPD for overtime payments made to officers assigned to and working full time on CASTTF related matters. 3. Requests for reimbursement will be made on a monthly basis and should be forwarded to the FBI Phoenix 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 MCAPD to the FBI CASTTF Squad Supervisor and FBI Phoenix 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 1 (EFT) directly to MCAPD using the FBI's Unified Financial Management System (UFMS)..To facilitete .‘ EFT, MCAPD must establish an account online in the System for Award Management (SAM) at , , • ' www.sam.00v, Each request for reimbursement will include an invoice numbef, invoice date, and a ; : taxpayer identification number (TIN). Verification of MCAPD banking information is required on an - annual basis in order to keep payment information current. For additional information regarding the , ft; UFMS and SAM, contact the FBI Phoenix Financial Manager. ::: 4 4 5. Overtime reimbursements will be calculated at the usual rate for which the individual officer's,: tri time would be compensated In the absence of this Agreement. However, said reimbursement, per officer, shall not exceed monthly andior 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 MCAPD of the applicable annual limits prior to October 1st of each year. 6. The number of MCAPb officers assigned full-time to the CASTIF and entitled to overtime " reimbursement by the FBI shall be approved by the FBI in advance of each fiscal. year. Based on tht needs of the CASTTF, this number may change periodically, upward or downward, as approved in advance by the FBI. • 1 1 • For Official Use Only This document is the property of the FBI and is.ionned 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, MCAPD must prepare an official document setting forth the identity of each officer assigned full-time to the CASTTF, 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 Phoenix 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 MCAPD that the request 4s 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 CASTTF. 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 MCAPD's participation on the CASTTF, 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: Sean L. Kaul Special Agent In Charge Federal Bureau of Investigation Date: 6291c4 ab.1;7 MichAl Cimino Chief Probation Officer . Maricopa County Adult Probation Department Date: March.19, 2020 a. z Financial Manager Federal Bureau of Investigation Date: 4/.4b2.0,1(2 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 FEDERAL BUREAU OF INVESTIGATION CENTRAL ARIZONA SAFE TRAILS 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 MARICOPA COUNTY ADULT PROBATION 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 Central Arizona Safe Trails Task Force (CASTTF) 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 CASTTF 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 CASTTF 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. FOR OFFICIAL USE ONLY This document is the property of the FBI and is loaned to your agency. Neither it nor its contents may be released without authorization by FBI Headquarters. FOR OFFICIAL USE ONLY 2 SUPERVISION AND CONTROL A. Supervision 5. Overall management of the CASTTF shall be the shared responsibility of the participating agency heads and/or their designees, 6, The Special Agent in Charge (SAC) of the Phoenix Division shall designate one Supervisory Special Agent (CASTTF Supervisor) to supervise the CASTTF. The CASTTF Supervisor may designate a Special Agent to serve as the Central Arizona Safe Trails Task Force Coordinator (Task Force Coordinator), Either the CASTTF Supervisor or the Task Force Coordinator shall oversee day-to-day operational and investigative matters pertaining to the CASTTF, 7. Conduct undertaken outside the scope of an individual's CASTTF duties and assignments under this MOU shall not fall within the oversight responsibility of the CASTTF 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. CASTTF 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 (D0J)/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, CASTTF 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 CASTTF will be based on performance and at the discretion of appropriate management. The FBI SAC and CASTTF Supervisor will also retain discretion to remove any individual from the CASTTF. B. Case Assignments 11. The FBI CASTTF Supervisor will be responsible for opening, monitoring, directing, and closing CASTTF 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 CASTTF Supervisor. 13. For FBI administrative purposes, CASTTF cases will be entered into the relevant FBI computer system. 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 3 14. CASTTF personnel will have equal responsibility for each case assigned. CASTTF personnel will be responsible for complete investigation from predication to resolution. All CASTTF personnel will be placed on call for certain periods of time through out the month, as determined by the SSA and CASTTF Coordinator. LEA acknowledges that, at times, their assigned agency personnel may be required to respond, as members of CASTTF, to other tribal nations under the jurisdiction of the FBI and will be acting in furtherance of the mission of the CASTTF, the FBI and the FBI Phoenix Division. C. Resource Control 15. The head of each participating agency shall determine the resources to be dedicated by that agency to the CASTTF, 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 CASTTF will not knowingly be subject to non-CASTTF law enforcement efforts by any of the participating agencies. It is incumbent on each agency to make proper internal notification regarding the CASTTF'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 CASTTF investigations or areas of concern as described in paragraph 3. All law enforcement actions will be coordinated and cooperatively carried out. 18. CASTTF investigative leads outside of the geographic areas of responsibility for FBI Phoenix 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- CASTTF personnel will be limited to those situations where it is essential to the effective performance of the CASTTF. These disclosures will be consistent with applicable FBI guidelines. 20. Non-FBI CASTTF personnel may not make any further disclosure of the identity of an FBI CHS, including to other individuals assigned to the CASTTF. 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 is the property of the FBI and is loaned to your agency. Neither it nor its contents may be released without authorization by FBI Headquarters. FOR OFFICIAL USE ONLY 4 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 CASTTF 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 an CASTTF investigation must be in accordance with the United States Attorney General's Guidelines, regardless of whether the handling agency is an FBI CASTTF participating agency. Documentation of state, county, or local CHSs opened and operated in furtherance of CASTTF 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 CASTTF personnel will be made available for inclusion in the respective investigative agencies' files as appropriate, 25. CASTTF reports prepared in cases assigned to CASTTF personnel will be maintained at an FBI approved location; original documents will be maintained by the FBI. 28. Records and reports generated in CASTTF 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 CASTTF. 27. CASTTF investigative records maintained at the Phoenix Field Office of the FBI will be available to all CASTTF personnel, as well as their supervisory and command staff subject to pertinent legal, administrative and/or policy restrictions. 28. All original tape recordings (audio and video and ELSUR) acquired by the FBI during the course of the CASTTF investigations will be maintained by the FBI. However, at the discretion of the SSA, all other types of evidence acquired during the course of CASTTF investigations may be maintained either at the FBI or MARICOPA COUNTY ADULT PROBATION DEPARTMENT. The FBI's rules and policies governing the submission, retrieval and chain of custody will be adhered to by CASTTF personnel. 29. All CASTTF 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. FOR OFFICIAL USE ONLY This document is the property of the FBI and is loaned to your agency. Neither it nor its contents may be released without authorization by FBI Headquarters. FOR OFFICIAL USE ONLY 5 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 CASTTF 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 CASTTF 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 CASTTF personnel and FBI employees not assigned to the CASTTF, may be disseminated by CASTTF personnel to non-CASTTF personnel without the approval of the CASTTF 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, CASTTF 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 Pll 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. FOR OFFICIAL USE ONLY This document is the property of the FBI and is loaned to your agency. Neither it nor its contents may be released without authorization by FBI Headquarters. FOR OFFICIAL USE ONLY 6 PROSECUTIONS 38. CASTTF investigative procedures, whenever practicable, are to conform to the requirements which would allow for either federal, state or tribal prosecution. 39. A determination will be made on a case-by-case basis whether the prosecution of CASTTF cases will be at the tribal, 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 CASTTF. 40. In the event that a state, tribal or local matter is developed that is outside the jurisdiction of the FBI or it is decided to prosecute a CASTTF case at the tribal, state or local level, the FBI agrees to provide all relevant information to tribal, 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 or Tribal Court where statutory or common law of the state or tribal nation 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, tribal 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 or tribal nation is more restrictive than the comparable federal law, the investigative methods employed by state, tribal 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 CASTTF 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 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 additional agreement if an employee of the participating agency is assigned duties which require the officer to act in an undercover capacity. USE OF LESS-THAN-LETHAL-DEVICES 1 45. The parent agency of each individual assigned to the CASTTF 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 CASTTF 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. CASTTF 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 CASTTF, 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 CASTTF or until the termination of the CASTTF, whichever comes first. 49. Deputized CASTTF 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 CASTTF 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). I 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. FOR OFFICIAL USE ONLY This document is the property of the FBI and is loaned to your agency. Neither it nor its contents may be released without authorization by FBI Headquarters. FOR OFFICIAL USE ONLY 8 The assignment of an FBI owned or leased vehicle to LEA CASTTF 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 CASTTF 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 CASTTF 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 CASTTF 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 CASTTF 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 CASTTF personnel assigned full-time to CASTTF, provided overtime expenses were incurred as a result of CASTTF-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 CASTTF, 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 CASTTF in connection with authorized investigations and/or operations and in the custody and control and used at the direction of the CASTTF, will be maintained in accordance with the policies and procedures of the agency supplying the equipment. Property damaged or destroyed which was utilized by CASTTF in connection with authorized investigations and/or operations and is in the custody and 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 control and used at the direction of CASTTF, 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 CASTTF 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 CASTTF investigations may be equitably shared with the agencies participating in the CASTTF. DISPUTE RESOLUTION 61. In cases of overlapping jurisdiction, the participating agencies agree to work in concert to achieve the CASTTF'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 CASTTF AND SECURITY CLEARANCES 65. If an LEA candidate for the CASTTF 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. FOR OFFICIAL USE ONLY This document is the property of the FBI and is loaned to your agency. Neither it nor its contents may be released without authorization by FBI Headquarters. FOR OFFICIAL USE ONLY 10 66. If, for any reason, the FBI determines that an LEA candidate is not qualified or eligible to serve on the CASTTF, 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, CASTTF personnel will be required to obtain and maintain a "Top Secret" security clearance. CASTTF personnel will not be allowed unescorted access to FBI space unless they have received a Top Secret security clearance. 69. Upon departure from the CASTTF, each individual whose assignment to the CASTTF 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 CASTTF. 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 CASTTF or otherwise relating to the CASTTF. 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 CASTTF 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 CASTTF, 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 §§ 2671- 2680: An individual assigned to the CASTTF who is named as a defendant in a civil action as a result of or in connection with the performance of his or her official duties and assignments pursuant to this MOU may request to be certified by the Attorney General or his designee as having acted within the scope of federal employment at the time of the incident giving rise to the suit. 28 U.S.C. § 2679(d)(2). Upon such certification, the individual will be considered an "employee" of the United States government for the limited purpose of defending the civil claim under the FICA, and the claim will proceed FOR OFFICIAL USE ONLY This document is the property of the FBI and is loaned to your agency. Neither it nor its contents may be released without authorization by FBI Headquarters. FOR OFFICIAL USE ONLY 11 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 FICA, 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 CASTTF 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 CASTTF 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 Phoenix 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 CASTTF personnel. 74. Liability for any conduct by CASTTF 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 CASTTF'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 CASTTF at any time by written notification to the SSA with designated oversight for investigative and personnel matters or program manager of the CASTTF at least 30 days prior to withdrawal. 77. Upon termination of this MOU, all equipment provided to the CASTTF will be returned to the supplying agency/agencies. In addition, when an entity withdraws from the MOU, the entity will return equipment to the supplying agency/agencies. Similarly, remaining agencies will return to a withdrawing agency any unexpended equipment supplied by the withdrawing agency during any CASTTF participation. MODIFICATIONS 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. SIG NATORI ES Spec15lAgent in Charge Federal Bureau of Investigation FOR OFFICIAL USE ONLY 12 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. Micheel Cimino, Chief Probation Officer Maricopa County Adult Probation Department r#0.20 .70 Date March 19,2020 Date FOR OFFICIAL USE ONLY This document is the property of the FBI and Is loaned to your agency. Neither it nor its contents may be released without authorization by FBI Headquarters.