HomeMy WebLinkAboutFEDERAL BUREAU OF INVESTIGATION-CORRECTIONAL INTELLIGENCE TASK FORCEINSURANCE NOT REQUIRED
N-2023-063
WORK MAY PROCEED
CLERK OF THE COUNCIL
DATE' MEMORANDUM OF UNDERSTANDING
MAR 2 4 2023 BETWEEN THE FEDERAL BUREAU OF INVESTIGATION -
CORRECTIONAL INTELLIGENCE TASK FORCE
AND THE CITY OF SANTA ANA
o: pd �7Ai vie A ) (3,'^� e
PARTIES
1. This Memorandum of Understanding (MOU) is entered into by and between the
Federal Bureau of Investigation (FBI) and the City of Santa Ana (City) (collectively
referred to as, "the Parties"). Nothing in this MOU should be construed as limiting or
impeding the basic spirit of cooperation, which exists between these agencies.
2. All existing FBI and City policies will remain in effect, and nothing in this MOU shall be
construed as modifying existing policy requirements for the respective agencies.
PURPOSE
3. This MOU establishes the Parties' participation in the FBI task force known as the
Correctional Intelligence Task Force (CITF). The CITF is composed of various states'
law enforcement and corrections agencies. The purpose of the CITF is to share
intelligence and data derived from correctional facilities. For purposes of this MOU and
the accompanying Data Sharing Agreement, "intelligence" is information provided by the
City to the CITF and "data" is information provided by the CITF to the City. For purposes
of this MOU and accompanying Data Sharing Agreement (DSA), "intelligence" includes
both "telephonic transactional intelligence" and "other intelligence," unless specifically
indicated otherwise. Other intelligence to include but not limited to, inmate biographical
data, intake information, gang affiliation, violation of rule/law while incarcerated,
associations, visitors, financial records, mail records, assigned cell inmates, inmate
assigned tablets data, photographs of inmate and information gathered from contraband
such as cell phones. "Other intelligence" will be provided by the City on a discretionary
basis through secure methods.
4. 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. No assignment of rights, duties, or obligations of this
MOU shall be made by any party without the express written approval of a duly
authorized representative of all other parties.
MISSION
5. The Correctional Intelligence Task Force's mission is to systematically integrate
intelligence and operations to initiate and/or enhance law enforcement suppression
efforts through the identification, exploitation and dissemination of cross -programmatic
intelligence derived from correctional facilities.
FOR OFFICIAL 115E ONLY
This document is the properly of the FBI and the City
Neither it nor its contents may be released without authorization by the FBI and the City
AUTHORITIES
6. 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.
ORGANIZATIONAL STRUCTURE
7. The CITF is currently comprised of supervisors and analytical staff from the FBI and
other states' departments of correction and law enforcement agencies, including FBI
contractually hired subject matter experts. Both Parties may assign personnel to the
CITF, to include contractually hired personnel. Newly assigned personnel to the CITF
must be agreed upon by both parties. Assigned personnel must meet and be able to
obtain the proper clearances for access to the Information and databases granted by
both Parties. Both Parties agree either directly or through the assigned personnel to
provide requested information to meet those clearances.
8. The day-to-day supervision and administrative control of the City or FBI personnel
assigned to the CITF will be retained by the respective Party. Responsibility for
personnel conduct, both personally and professionally, shall remain with the personnel's
agency. Each Party shall be responsible for the actions of its respective employees.
Each Party has the discretion to add, remove or change its personnel assigned to the
CITF.
9, The City will brief any CSA staff assigned to the CITF on relevant City policies and
procedures. The FBI will brief all staff assigned to the City and CITF on relevant FBI
policies and procedures.
10. The CITF is a multi -agency operation with each agency acting as a partner. The City will
designate a CITF point of contact (POC). The POC will work with the CITF to address
CITF policy, operations, personnel, equipment, program progress, and performance
measurements.
INFORMATION SHARING
11. The intelligence and data to be shared is covered in the accompanying Data Sharing
Agreement, which is included herewith as Addendum A. The intelligence collected and
any data (such as analytical products) produced by the CITF based on the intelligence
collected will be shared with all participants in the CITF. CITF intelligence and data may
be considered confidential under federal or the CSA State law.
12. Intelligence provided by the City to the CITF will be at the discretion of the City. The FBI
will provide data to the City through the CITF for its use as allowed in this MOU and
accompanying Data Sharing Agreement.
13. The Parties acknowledge that the intelligence and data involved in this MOU may
identify U.S. persons, whose information is protected by the City, state and federal laws,
including the Privacy Act of 1974 and Executive Order 12333 (or any successor
FOR OFFICIAL USF ONLY
'Phis document is the property of tile FBI and file City.
Neither it nor its contents may be released without nuihomation by the FBI and the City.
executive order). All such information will be handled lawfully by the Parties. The FBI
agrees that it will endeavor to ensure that federal privacy laws will be followed by CITF
members.
14. 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, and such disclosure is consistent with relevant
statutes, applicable United States Attorney General's Guidelines, and FBI policy.
15. 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.
16. The City shall obtain permission from the FBI CITF's Supervisory Special Agent (SSA)
or the Supervisory Intelligence Analyst (SIA) before it discloses to a third party any
Intelligence received pursuant to this MOU or from the CITF, unless such disclosure is
otherwise authorized by state and federal law. All intelligence and data to be
disseminated will be documented within the CITF database or case management system
to memorialize recipient agency, date, and description of all information disseminated. In
the event CSA receives a request pursuant to a sunshine law, public records statute,
freedom of information law, the civil or criminal discovery process, or other judicial,
legislative, or administrative process, to disclose information concerning the subject of
this MOU, the City will immediately notify the FBI of any such request in order to allow
the FBI sufficient time to seek to protect its equities through appropriate channels, if
necessary. This provision survives the termination of this agreement.
17. To the extent a Party discloses information received under this MOU to a third party, the
Party is to provide notice to the third party to which the information was disclosed that
the third party pursuant to paragraph 16 is prohibited from further disclosure, except to
the extent required by applicable law, unless it obtains authorization in writing from the
FBI CITF's SSA or SIA.
18. To prevent unauthorized disclosure, copying, use, or modification of information
provided to a Party under this MOU, the receiving Party is to use security mechanisms
and reasonable safeguards to prevent unauthorized access.
19, Each party agrees to provide, upon request, details regarding the handling and
maintenance of data in electronic and paper recordkeeping systems maintained
pursuant to the provisions of this MOU, in order to allow the other party to ensure that
appropriate security and privacy protections are in place. Such information shall be
provided to the extent allowable by the laws, regulations, and policies governing each
party.
20, 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).
1:0I2 OFFICIAL tJSC ONLY
'Phis document is the property of the FBI and the City.
Neither it nor ns eontentS may be released without authoriaatiun by the FBI and the City.
FUNDING AND EQUIPMENT
21. This MOU is not an obligation or commitment of funds, nor a basis for transfer of funds.
All obligations and expenditures by the Parties are subject to their respective budgetary
and fiscal processes and availability of funds pursuant to all laws, regulations, and
policies applicable thereto. The Parties acknowledge that there is no intimation, promise,
or guarantee that funds will be available in future years.
22. Each Party agrees to assume all personnel costs for its employees assigned to the CITF
including salaries, overtime payments, and fringe benefits consistent with that Party's
governing laws, regulations, and policies.
23. The FBI will operate any necessary portals for the City to transmit the intelligence to the
CITF. The FBI has the responsibility for ensuring that the portals are operational and
providing the necessary support for the City's participation in the CITF. For the
purposes of the telephonic transactional intelligence, the Parties will work together to
determine how the intelligence will be gathered and transmitted to the FBI. Each Party
will provide their personnel assigned to the CITF with any other equipment necessary to
fulfill their duties. The information provided by the City to the CITF will be maintained in
a database managed by the FBI. The City will not be responsible for maintaining any
specific CITF database or information.
DISPUTE RESOULTION
24. The participating agencies agree to attempt to resolve any disputes regarding this
agreement to include but not limited to jurisdiction, case assignments, workload,
etc., at the field level first before referring the matter to supervisory personnel for
resolution.
MEDIA RELEASES
25. All media releases and statements will be mutually agreed upon and jointly
handled according to FBI and the City's policies and guidelines.
26. Press releases will conform to DOJ Guidelines regarding press releases. No
release will be issued without FBI final written approval.
CIVIL LIABILITY OF THE PARTIES
27. Each party agrees to notify the other in the event of receipt of a 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 CITF or otherwise relating to the CITF. Both Parties agree to cooperate fully with one
another in the event of any investigation arising from alleged negligence or misconduct
arising from acts or omissions related to the CITF. Nothing in this paragraph prevents
any party from conducting an independent administrative review of any incident giving
rise to a claim.
FOR oFFICIAI- Use oNl-v
'Phis doeumimt is the property or the FBI and the City.
Neither it nor its contents may he released without authorimdon by the FBI and the City.
28. The Parties understand that this MOU does not alter applicable state and federal law
that might govern any claim of civil liability arising out of their participation in the CITF.
a. COMMON LAW TORT CLAIMS
i. Congress has provided that the exclusive remedy for the negligent or wrongful act or
omission of an employee of the U.S. Government, acting within the scope of his or her
employment, shall be an action against the United States under the Federal Tort
Claims Act, 28 U.S.C. § 1346(b), and §§ 2671-2680.
ii. Notwithstanding any other provision contained in this MOU, for the limited purpose of
defending civil claims arising out of CITF activity, any employee detailed from a
Participating Agency who is acting within the course and scope of his or her official
duties and assignments pursuant to this MOU may be considered an "employee" of the
U.S. government, as defined at 28 U.S.C. § 2671. See 5 U.S.C. § 3374(c)(2).
iii. Under the Federal Employee Liability Reform and Tort Compensation Act of 1998
(commonly known as the Westfall Act), see 28 U.S.C. § 2679(b)(1), if an employee of
the United States is named as a defendant in a civil action, the Attorney General or his
or her designee may certify that the defendant acted within the scope of his or her
employment at the time of the incident giving rise to the suit. 28 U.S.C. §
2679(d)(1)&(2). The United States can then be substituted for the employee as the
sole defendant with respect to any tort claims alleged in the action. 28 U.S.C. §
2679(d)(1)&(2). Decisions to certify that an employee was acting within the scope of
his or her employment at the time of the incident giving rise to the suit, see 28 U.S.C. §
2679(d)(1)&(2), are made on a case -by case -basis, and such certification cannot be
guaranteed.
iv. If the Attorney General declines to certify that an employee was acting within the
scope of employment, "the employee may at any time before trial petition the court to
find and certify that the employee was acting within the scope of his office or
employment." 28 U.S. C. § 2679(d)(3).
b. INDIVIDUAL CAPACITY CLAIMS UNDER THE U.S. CONSTITUTION OR FEDERAL
STATUTES
i. Liability for violations of the U.S. Constitution may rest with the individual agent or officer
acting under color of federal law pursuant to Bivens v. Six Unknown Named Agents of
the Federal Bureau of Narcotics, 403 U.S. 388 (1971) or pursuant to 42 U.S.C. § 1983
for officers acting under color of state law. Other federal statutes may also allow for
individual capacity claims against agents or officers acting under color of law.
ii. Federal, state, local, and tribal officers enjoy qualified immunity from suit for alleged
violations of the U.S. Constitution and most federal statutes that create an express or
implied cause of action for damages "insofar as their conduct does not violate clearly
established statutory or constitutional rights of which a reasonable person would have
known." Harlow v. Fitzgerald, 457 U.S. 800, 818 (1982).
FOR OFFICIAL USE ONLY
This document is the property or the FBI and the Cm
Neither it nor its contents my be released without authorisation In, the FBI and the City
iii. If a CITF officer is named as a defendant in his or her individual capacity in a civil action
alleging constitutional or statutory violations as a result of conduct taken within the scope
of [operational relationship] -related duties, the officer may request representation by
DOJ. 28 C.F.R. §§ %15, 50.16.
iv. An employee may be provided representation "when the actions for which representation
is requested reasonably appear to have been performed within the scope of the
employee's employment, and the Attorney General, or his or her designee, determines
that providing representation would otherwise be in the interest of the United States." 28
C.F.R. § 50.15(a).
v. A CITF member's written request for representation should be directed to the Attorney
General and provided to the Chief Division Counsel (CDC) of the FBI division
coordinating the CITF. The CDC will forward the representation request to the FBI's
Office of the General Counsel (OGC), together with a letterhead memorandum
concerning the factual basis of the lawsuit. FBI's OGC will then forward the request to
the Civil Division of DOJ, together with an agency recommendation concerning scope of
employment and DOJ representation. 28 C.F.R. § 50.15(a)(3).
vi. If a CITF member is found to be liable for a constitutional tort, he or she may request
indemnification from DOJ to satisfy an adverse judgment rendered against the employee
in his or her individual capacity. 28 C.F.R. § 50.15(c)(4). The criteria for payment are
substantially similar to those used to determine whether a federal employee is entitled to
DOJ representation under 28 C.F.R. § 50.15(a).
vii. Determinations concerning legal representation and indemnification by the United States
are discretionary and are made by DOJ on a case -by -case basis. The FBI cannot
guarantee that the United States will provide legal representation, legal defense, or
indemnification to any federal or state employee detailed to the CITF, and nothing in this
MOU shall be deemed to create any legal right on the part of any CITF personnel.
29, 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. No assignment or rights, duties, or obligations of this MOU shall be
made by any party without the express written approval of a duly authorized
representative of all other parties.
DURATION
30. The MOU will remain in effect until terminated as specified herein. Continuation of this
MOU shall be subject to the availability of necessary funding. This MOU may be
modified at any time by written consent of authorized representatives of both Parties.
31, This MOU may be terminated at any time by either Party by providing a 60-day written
notice of its intent to withdraw to the other Party's designed CITF POC. Information
shared pursuant to this MOU does not have to be returned to the supplying Party, but
FOR OFFICIAL USG ONLY
This doeunxnt is the Properly of the FBI and the City.
Neither it nor its contents may be released widunl uuthod/lation by tiro FBI and the City.
the Parties agree that such information will remain confidential to the extent allowed by
federal and State where partner is located state law.
32. This MOU may be amended only by mutual, written consent of the Parties. The
modifications shall have no force and effect unless such modifications are reduced to
writing and signed by an authorized representative of the FBI and the name of partner
agency.
CITF DSA
33. This MOU incorporates by reference the Data Sharing Agreement (DSA) attached
hereto as Addendum A.
Complete Agreement
34. This MOU and the DSA (Addendum A) constitute the complete agreement of the
Parties as to Name of Partner Agency's participation in the CITF.
SIGNATURES
35. By signing below, the FBI and the City agree to the terms and conditions set forth in the
MOU and Addendum A.
CITY OF SANTA ANA
(See attached signature page)
David Valentin
Chief
of Police
EDER L BUREAU INV STIG TI
Luis M. Quesada
Assistant Director
Criminal Investigative Division
Date
3/3
Date
FOR OFFICIAL usr: ONtx
This document is the property or the 1431 and the City.
Neither a nor its contents may be released withom:mthoriiution by the 1'13t and the City.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year
first above written.
ATTEST:
er of the Council
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
CITY OF SANTA ANA
KR STINE RIDGE
City Manager
By:
amara Bogosian avid Valentin
Senior Assistant City Attorney Chief of Police
FOR APPROVAL:
FOR OFFICIAL. USE ONLY
This doeument is the property of the FBI and the City
Neither it nor its contents may be released without authorvanon by the FBI and the Cit)
ADDENDUM A
DATA SHARING AGREEMENT
BETWEEN THE FEDERAL BUREAU OF INVESTIGATION
AND THE CITY OF SANTA ANA
Introduction
1. The City of Santa Ana (City) and the Federal Bureau of Investigation (FBI) of the
Department of Justice (collectively referred to as "the Parties') intend to further enhance
and strengthen their cooperative law enforcement relations by sharing intelligence and
data pursuant to this Data Sharing Agreement (DSA), which is attached to and
incorporated by reference into a Memorandum of Understanding (MOU) between the
Parties.
2. This DSA is intended to document the agreed upon responsibilities and functions of the
Parties with respect to the sharing of the Parties' available Intelligence and data with the
FBI's Correctional Intelligence Task Force (CITF). For purposes of this DSA, information
the City provides to the CITF is considered "intelligence" and information provided to
Name of Partner Agency from the CITF is considered "data." This DSA documents the
responsibilities of the City in providing certain intelligence to the CITF and in receiving
data from the CITF. Intelligence and data that are shared can include, but are not
limited to, information from inmate records, and intelligence derived from correctional
facilities.
3. The FBI derives its authority to enter into this DSA from 18 U.S.C. §§ 3107 and 3052
(FBI law enforcement powers); 28 U.S.C. § 533 (appointment of law enforcement
officers); 42 U,S.C. § 3771 (authority for criminal justice systems development and
certain training activities); and 28 C.F.R. § 0.85 (general functions of the Director). The
DPA is authorized to enter this DSA pursuant to proper legal authority to include, without
limitation, PC 13300 § (c)(8).
Backaround
4. The City regularly collects and maintains records of calls placed by inmates and the
related transactional data to include but not limited to: inmate name; prison registration
number; date, time, duration of each call/message; number dialed; originating telephone
number; and inmate/recipient email addresses. Inmates are provided with notice during
intake processing that non -privileged telephone conversations and email transmittals are
subject to monitoring for law enforcement purposes. This data, specifically, is referred to
as "telephonic transactional intelligence." The City will provide the FBI telephonic
transactional intelligence on at least a weekly basis in bulk transmission through secure
methods, including, but not limited to, disc or secured VPN, or in a constant state of
encryption from the moment that it is retrieved from the City until it is stored on the FBI's
network or system, in such a manner that the intelligence is encrypted at rest and in
transport. For purposes of this DSA, the City may decide to allow the FBI limited access
to telephonic transactional intelligence consistent with the requirements in this
agreement and applicable law.
FOR OFFICIAL USE ONLY
This document is the property of the 1'131 mtd tite City.
Neither it nor its Contents may be released without authorization by the F131 and the City
5. The City has intelligence related to its inmates, to include, but is not limited to,
biographical data, intake information, gang affiliation, violations of rule/law while
incarcerated, associations, visitors, financial records, mail records, assigned cell
inmates, assigned inmate tablets data, photographs of inmates, and information lawfully
gathered from contraband such as cell phones. By sharing this intelligence with the FBI
through the CITF, security threats may be identified. This intelligence, specifically, is
referred to as "other intelligence." The City will provide the FBI with "other intelligence"
on a discretionary basis through secure methods.
Responsibilities
6. Pursuant to this DSA and the accompanying MOU, the City will provide, at Its sole
discretion, intelligence as outlined under the section titled "Background" to the FBI for
use in the CITF. The FBI will fully investigate any connection and any related leads to
determine whether an inmate is involved in criminal or terrorist activity. The FBI will
share such connections or threats identified with the City and other members of the
CITF, according to the CITF protocols and applicable law.
7. As it pertains to inmate call records from institutional phones and devices such as
assigned tablets, only transactional intelligence related to non -privileged calls will be
provided by the name of partner agency to the FBI.
8. The FBI will process the City's telephonic transactional data and other intelligence
through the CITF, which includes comparing this information to intelligence in FBI
databases and other CITF members' databases. When there is a match, the analytic
results, i.e., data, will be disseminated to the relevant FBI Headquarters substantive unit
and to the FBI field office from which intelligence was derived and the CITF will share
the data with the City. The FBI will retain the transactional intelligence for future
analysis.
9. The Parties acknowledge that this DSA may be subject to laws and internal guidelines
concerning privacy, civil liberties, and other rights in the information sharing
environment. The Parties agree to adhere to these laws and guidelines.
10. Intelligence supplied by the City to the FBI is the property of the City and shall not be
shared with any third parties or other entities outside the CITF without the express,
written consent of the CSA. The shared intelligence shall not be used for any purpose
not directly related to the scope defined in this DSA or accompanying MOU without the
express, written consent of the City.
11. Any data provided to the City through this DSA or otherwise through the CITF is
provided to the CSA for its official use, but shall remain the property of the CITF. With
respect to data received by the City from the CITF, in the event that City receives a
request pursuant to public records act laws and statutes, freedom of information laws,
the civil or criminal discovery process, or other judicial, legislative, or administrative
process, to disclose this data, City will immediately notify the FBI of any such request in
FOR OFMCIAL USE ONLY
This document is the property ofthe F131 and the City.
Neither it nor its contents may be micioud without authorization by the F131 and the City.
order to allow the FBI sufficient time to seek to protect its equities through appropriate
channels, if necessary. This provision survives the termination of this agreement
Data Security
12. The FBI shall employ industry best practices, both technically and procedurally, and
adhere to all applicable federal data security standards, regulations, and guidelines to
protect the CSA's intelligence from unauthorized physical and electronic access.
Data Classification
13. The City's intelligence is considered either confidential or non -confidential, depending on
the nature of the intelligence. Intelligence considered confidential under Partner
Agency's state laws will be protected to the extent possible under Partner Agency state
or federal laws.
14, The Parties anticipate that intelligence shared with the FBI will involve an aggregation of
data classes including sensitive and confidential information. Therefore, whenever data
elements are aggregated for collection, transmission, or storage, the aggregated data
shall be handled using the protocols that apply to the most sensitive data element.
Compliance & Breach Notification
15. Any intelligence or data collection, use, storage, or dissemination conducted by the
Parties participating in the CITF pursuant to this agreement shall comply with all
applicable laws, executive orders, and regulations protecting the identifying information
of U.S. persons, such as the Privacy Act of 1974.
16, Each Party will immediately report to the other Party each instance in which intelligence
or data received from the other Parry is used, disclosed, or accessed in any manner that
violates state or federal law or violates this DSA or accompanying MOU (including any
data losses or breaches). In the event where personally identifiable information of the
CSA inmate is reasonably believed to have been acquired or accessed by an
unauthorized person, the FBI shall notify the City of the breach of the security system
containing such data no later than 48 hours of Its own internal notification of the breach,
comply with all notification actions, and assist the City with all notification actions
required by all applicable laws, regulations, and policies.
17. CSA contact for such notification is:
Kenneth Willard
Correctional Manager
Santa Ana Police Department
714-245-8128
kwillard@santa-ana.org
FOR OFFICIAL USE: ONLY
This document is file property of the I131 and the City.
Neither it nor its contents may be released without authorization by the 1`131 unit the City.
18. FBI contact for such notification is:
Tracey Jones
Associate Chief Security Officer
Criminal Investigative Division
Federal Bureau of Investigation
202-324-8838
tdjones3@fbi.gov
Liability
19. The Parties understand that this DSA does not alter applicable state or federal law
governing any claim of civil liability arising out of any activity conducted pursuant to this
agreement. Each Party agrees to notify the other in the event of a receipt of such a civil
claim. Both Parties agree to cooperate fully with one another in the event of an official
investigation arising from alleged negligence or misconduct arising from acts related to
this DSA. Nothing in this paragraph prevents any Party from conducting an independent
administrative review of the incident -giving rise to the claim.
20. This DSA 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, City, or the officers, employees, agents, or other associated
personnel thereof. No assignment of rights, duties, or obligations of this DSA shall be
made by any Party without the express written approval of a duly authorized
representative of the other Party.
21. The Parties acknowledge that financial and civil liability, if any and in accordance with
applicable law, for the acts and omissions of employees in relation to this DSA remain
vested with the employing agency. However, the U.S. Dept. of Justice (DOJ) may, in its
discretion, determine on a case -by -case basis that an individual should be afforded legal
representation, legal defense, or indemnification of a civil judgment, pursuant to federal
law and DOJ policy and regulations.
Modification
22. This DSA may be modified at any time by mutual written consent of both Parties. Such
modification should be effective on a date as may be jointly determined by the Parties.
Effective Date and Termination
23. This DSA shall be effective when executed by both Parties and pursuant to the MOU to
which it is attached.
24. This DSA may be terminated by either Party at any time by termination of the MOU to
which it is attached.
FOR OFFICIAL. USE ONLY
Phis document is the property at the PHI and the City.
Neither it nor its contents may be released W11IIDnt authorinaion by the PHI and the City.
By the signatures of their duly authorized representative below, the City and the FBI agree to all
the provisions of this Data Sharing Agreement as an Addendum to the MOU to which it is
attached.
CITY OF SANTA ANA
(See attached signature page) _
David Valentin Date
Chief of Police
Date
Assistant Director
Criminal Investigative Division
FOR OFFICIAL USE ONLY
'Phis document is the property or the FHt and the City.
Neither it nor its contents may be released without authorisation by the 17DI and the Citv.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year
first above written.
ATTEST:
CITY OF SANTA ANA
KRISTINE RIDGE
e Coun I City Manager
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By:
Tamara Bogosian
Senior Assistant City Attorney
RECOMMENDED FOR APPROVAL:
1 Valentin
Chief of Police
FOR OFFICIAL USE ONLY
'fins decunrem to the property orthe FBI and the City
Neither it nor as contents may be released without authorizatton by the FBI and the City