THE FEDERAL BUREAU OF INVESTIGATION OCVCTF

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DEPUTATIONS 48. Local and state law enforcement personnel designated to the OCVCTF, subject to a limited background inquiry, shall be sworn as federal task force officers either by acquiring Title 21 or Title 18 authority (via the 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 OCVCTF or until the termination of the OCVCTF, whichever comes first. 49. Deputized OCVCTF 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 SAPD may be permitted to drive FBI owned or leased vehicles for official OCVCTF business and only in accordance with applicable FBI rules and regulations, including those outlined in the FBI Government Vehicle Use Policy Guide (0791 PG) or superseding versions thereof. The assignment of an FBI owned or leased vehicle to SAPD OCVCTF 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 OCVCTF business. 52. The FBI and the United States will not be responsible for any tortious act or omission on the part of the SAPD and/or its employees or for any liability resulting from the use of an FBI owned or leased vehicle utilized by SAPD OCVCTF 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 shalt not be responsible for any civil liability arising from the use of an FBI owned or leased vehicle by SAPD 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, SAPD 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 SAPD OCVCTF personnel which is outside the scope of their official duties and assignments under this MOU. SALARY/OVERTIME COMPENSATION 55. The FBI and SAPD remain responsible for all personnel costs for their OCVCTF representatives, including salaries, overtime payments and fringe benefits consistent with their respective agency, except as described in paragraph 56 below. 7