HomeMy WebLinkAboutContractCAG-23-407
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and policies governing the submission, retrieval, and chain of custody will be adhered to
by CEHTTF personnel.
32.All CEHTTF investigative records will be maintained at an approved FBI location.
Placement of all or part of said information into participating agency files rests with thediscretion of supervisory personnel of the concerned agencies, subject to CEHTTF
Supervisor approval.
33.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 and only with prior FBI approval.
INFORMATION SHARING
34.Records or reports created or obtained by the CEHTTF are the property of the FBI and
disclosure of such records, if it occurs, shall be pursuant to applicable federal law, with
the approval of FBI. If such records are shared outside of CEHTTF with state and/or
local law enforcement agencies, such records are merely loaned to the non-Federal
agency and are subject to retrieval by the FBI at its discretion. In the event that the
Renton Police Department receives a request pursuant to Washington's public records
statute, Chapter 42.56 RCW, the civil or criminal discovery process, or other judicial,
legislative, or administrative process, to disclose CEHTTF records, the Renton Police
Department will immediately notify the FBI of any such request in order to allow
sufficient time for the FBI to seek to prevent disclosure through appropriate channels, if
necessary.
35.No information possessed by the FBI, to include information derived from Informalcommunications between CEHTTF personnel and FBI employees not assigned to the
CEHTTF, may be disseminated by CEHTTF personnel to non-CEHTTF personnel
without the approval of the CEHTTF 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, CEHTTF 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.
36.The Parties acknowledge that this MOU may provide CEHTTF 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 CEHTTF personnel requires a change in privacy compliance
documents, those changes will be accomplished prior to access being granted.
37.Each Party that discloses personally identifiable information (PII) Is responsible for
making reasonable efforts to ensure that the information disclosed Is accurate,
complete, timely, and relevant.
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assigned to the CEHTTF who is named as a defendant in a civil action as a result of or
in conne ction 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 indlvidual defendant to the
U.S. Attorney Gen eral. 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 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 lega l representation or
Indemni fication to any CEHTTF personnel.
79.Liability for any conduct by CEHTTF personnel undertaken outside of the scope of their
duties and assignments pursuant to their federal deputation on the CEHTTF shall not be
the respcnsibility of the FBI or the United States.
DURATION
80.The term of this MOU is for the duration of the CEHTTF's operations, contingent upon
approval of necessary funding, but may be terminated at any time upon written mutual
consent of the agency involved.
81.Any participating agency may withdraw from the CEHTTF at any time by written
notification to the CEHTTF Supervisor with designated oversight for investigative and
personnel matters or program manager of the CEHTTF at least 30 days prior to
withdrawal.
82.Upon termination of this MOU, all equipment provided to the CEHTTF 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 CEHTTF participation.
MODIFICATIONS
83.This agreement may be modified at any time by written consent of all involved agencies.
84.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.
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