HomeMy WebLinkAboutContract 33516 CITY SECRETARY,85
CONTRACT NO.
MEMORANDUM OF UNDERSTANDING (MOU)
This Memorandum of Understanding (MOU) is being executed by the below listed agencies:
Federal Bureau of Investigation (FBI)
Fort Worth Police Department (FWPD)
Nothing in this MOU should be construed as limiting or impeding the basic spirit of
cooperation, which exists between the participating agencies, listed above.
I. PURPOSE
This MOU establishes and delineates the mission of the Safe Streets Violent Crime/Major
Offenders Task Force (VC/MOTF), herein after referred to as the VC/MOTF, as a joint
cooperative effort. Additionally, the MOU formalizes relationships between and among the
participating agencies in order to foster an efficient and cohesive unit capable of addressing bank
robberies, violent fugitives, commercial robberies, kidnappings or other aggravated crimes of
violence within the Dallas/Fort Worth Metropolitan area. It is the desire of the participating
agencies to achieve maximum inter-agency cooperation in a combined law enforcement effort
aimed at reducing the most violent criminal activity within the communities served.
II. MISSION
The mission of the VC/MOTF is to identify and target for prosecution individuals involved
in aggravated crimes of violence. The VC/MOTF will enhance the effectiveness of
federal/state/local law enforcement resources through a well coordinate initiative seeking the most
effective investigative/prosecutive avenues by which to convict and incarcerate dangerous
offenders.
III. ORGANIZATIONAL STRUCTURE
A. Composition
The VC/MOTF will consist of a combined enforcement body of agencies participating in
this MOU. These participating agencies will provide full-time assigned personnel, as set forth
below:
FBI - Headquarters City will consist of the Violent Crimes Supervisor, seven (7) Special Agents
and sufficient clerical support to ensure administrative support. The Fort Worth Resident Agency
will consist of the Supervisory Special Agent and five (5) Special Agents presently handling
violent crimes/fugitives investigations, as well as sufficient clerical support to ensure
administrative support.
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DPD -two (2) Crimes Against Persons (CAPERS)Detectives on a full time basis and the
services of the Robbery Unit Sergeant of CAPERS insofar as deemed necessary by DPD to ensure
desired application of DPD investigative resources.
DPD -two (2) Criminal Intelligence Detectives on a full time basis and the services of the
Criminal Intelligence Sergeant insofar as deemed necessary by DPD to ensure desired application
of DPD investigative resources.
DPD-one(1)Youth Division Gang Investigator on a full time basis and the services of the
Youth Division Gang Unit Sergeant insofar as deemed necessary by DPD to ensure desired
application of DPD investigative resources.
IPD - one (1)Detective on a full time basis and the services of the CID Captain insofar as
deemed necessary by the IPD to ensure desired application of the IPD investigative resources.
FWPD -two (2) CAPERS Detectives on a full time basis and the services of the Robbery
Unit Sergeant of CAPERS insofar as deemed necessary by FWPD to ensure desired application of
FWPD investigative resources.
TDCI -two (2) Investigators on a full time basis. One in the Dallas Region and one in the
Fort Worth Region, along with the CID Captain insofar as deemed necessary by IPD to ensure
desired application of IPD investigative resources.
B. Direction
All participants acknowledge that the VC/MOTF is a joint operation in which all agencies
act as partners in the operation of the task force. An Executive Board,made up of the heads of the
participating entities, will be responsible for the policy and direction of the VC/MOTF. The
Executive Board will meet quarterly in order to collectively provide policy oversight. Membership
on the Executive Board can be delegated by the law enforcement agency head to a subordinate.
C. Supervision
The day-to-day operation and administrative control of the VC/MOTF will be the
responsibility of a Supervisory Special Agent(SSA) of the FBI. The daily management of the
VC/MOTF will be closely coordinated with the Executive Board. Responsibility for the conduct
of VC/MOTF members, both personally and professionally, shall remain with the respective
agency heads. Each participating agency, upon request, will be provided with an update as to the
program, direction and accomplishments of the VC/MOTF.
IV. PROCEDURES
A. Personnel
Continued assignment of personnel to the VC/MOTF will be based upon performance and
will be the discretion of the respective agency heads/supervisors. Each participating agency, upon
request, will be provided with an update as to the program, direction and accomplishment of the
VC/MOTF.
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'B. Deputization
All local and state law enforcement personnel assigned to the VC/MOTF, are subject to a
limited background inquiry, will be sworn as deputized Special Federal Officers, with the FBI
securing the required deputization authorization. These deputizations will remain in effect
throughout the tenure of each investigator's assignment to the VC/MOTF or until termination of
the task force, whichever occurs first.
(NOTE: Full background investigations and Top Secret security clearances are required in those
instances where the VC/MOTF will be housed in FBI space and all members will have unescorted
access.)
Personnel from participating agencies will receive a comprehensive briefing on FBI field
office security policy and procedures. During the briefing, each individual will execute
non-disclosure agreements (SF-312 and FD-868). Upon departure from the VC/MOTF, personnel
from participating agencies will execute non-disclosure agreements (SF-312 and FD-868)and will
be given a security debriefing.
C. Investigations
All VC/MOTF investigations will be initiated in accordance with United States Attorney
General Guidelines on General Crimes, Racketeering Enterprise and Domestic Security/Terrorism
Investigations (AG Guidelines). The investigative methods employed will be consistent with the
policies and procedures of the FBI and the AG Guidelines. However, in situations where the
statutory or common law of Texas is more restrictive than 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.
D. Prosecution
The criteria for determining whether to prosecute a particular violation in state or federal
court will focus upon achieving the greatest overall benefit to law enforcement and the public. Any
question, which arises pertaining to prosecutive jurisdiction, will be resolved through discussion
among all investigative agencies and prosecutive entities having an interest in the matter.
V. ADMINISTRATIVE
A. Case Assignments
The FBI SSA assigned to the VC/MOTF will oversee the prioritization and assignment of
targeted cases and related investigative activity in accordance with the stated objectives and
direction of the VC/MOTF. Cases will be assigned to investigative teams based on experience,
training, performance, expertise, and existing caseload.
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,B. Records and Reports
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 each member
of the task force will be made available for inclusion in the respective investigative agencies' files
as appropriate.
VC/MOTF investigative reports will be prepared on FBI forms and will be maintained at
the FBI office. Duplicates of any investigative reports will be available to participating agencies
upon request.
C. Evidence and Undercover Operations
All evidence and original tape records (audio and video) acquired during the course of
VC/MOTF investigations will be maintained by the FBI. The FBI's rules and policies governing
the submission, retrieval and chain of custody will be adhered to by the VC/MOTF personnel.
All VC/MOTF undercover operations will be conducted and reviewed in accordance with
FBI guidelines and the Attorney General's Guidelines on Undercover Operations.
D. Investigative Exclusivity
Matters designated to be handled by the VC/MOTF will not knowingly be subject to
non-Task Force law enforcement efforts. It is incumbent upon each agency to make proper internal
notification regarding VC/MOTF existence, including its areas of concern.
There shall be no unilateral action taken on the part of any participating agency relating to
VC/MOTF investigations. All law enforcement action will be coordinated and conducted in a
cooperative matter. VC/MOTF investigative leads outside the Dallas Division FBI territory will
be communicated to other FBI offices for appropriate investigation.
E. Informants and Cooperating Witnesses
The United States Attorney General Guidelines and the FBI's guidelines regarding the
operation of informants and cooperating witnesses will apply to all informants and
cooperating witnesses directed by members of the VC/MOTF. The FBI agrees, subject to funding
availability, to pay informants/cooperating witnesses' expenses in accordance with FBI policies
and procedures which are determined by the FBI to be reasonable and necessary. An appropriate
FBI informant/cooperating witness file will be opened wherein all information furnished by the
informant/cooperating witness will be maintained. In addition, any recommendations for
payments to this informant/cooperating witness will also be documented therein.
F. Staff Briefings
Periodic briefings on VC/MOTF investigations will be provided to the heads of theL11 ILI
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participating agencies or their designees.
VI. MEDIA
All media releases pertaining to VC/MOTF investigations and/or arrests will be coordinated
and made jointly by all participants of this MOU. No unilateral press releases will be made by any
participating agency without the prior approval of the other participants. No information
pertaining to the VC/MOTF itself will be released to the media without mutual approval of all
participants.
VII. EQUIPMENT
A.Vehicles-The Dallas FBI Field Office will supply vehicles for the FWPD VC/MOTF members,
subject to funding availability.
B. Communications -Dallas FBI Field Office vehicles are presently equipped with FBI radios
having voice privacy capability. Dallas FBI Field Office will provide FBI radios with the same
voice privacy capability for the FWPD VC/MOTF members,.subject to funding availability.
C. Cellular Telephones-The FBI will ensure VC/MOTF personnel have suitable access to cellular
telephones in order to accomplish task force objectives, subject to funding availability.
VIII. FUNDING
Each participating agency agrees to provide the full time services of its respective personnel
for the duration of this operation. Participating agencies agree to assume all personnel costs for
their task force representatives, including salaries, overtime payments and fringe benefits
consistent with their respective agency. Subject to funding availability and legislative
authorization, the FBI will reimburse to participating local and state agencies the cost of overtime
worked by VC/MOTF members assigned full time to the task force, providing overtime expenses
were incurred as a result of VC/MOTF related duties. Separate Contract Reimbursable
Agreements (CRAB) will be executed by the FBI and each participating agency consistent with
regulations and policy.
IX. LIABILITY
Unless specifically addressed by the terms of this MOU,the parties agree to be responsible
for the negligent or wrongful acts or omissions of their respective employees. Legal representation
by the United States is determined by DOJ on a case-by-case basis. The FBI cannot guarantee the
United States will provide legal representation to any Federal, State, or local law enforcement
officer.
Congress has provided that the exclusive remedy for the negligent or wrongful act or
omission of an employee of the United States government, acting within the scope of his
employment, shall be an action against the United States under the Federal Tort Claims
(FTCA), 28 U.S.C. Section 1346(b), Sections 2671 - 2680.
For the limited purpose of defending claims arising out of Task Force activity, state or local
law enforcement officers who have been specially deputized and who are acting within the course
and scope of their official duties and assignments pursuant to this MOU, may be considered an
"employee" of the United States government as defined in 28 U.S.C. Section 2671. See 5 U.S.C.
Section 3374 (c)(2).
Under the Federal Employees Liability Reform and Tort Compensation Act of 1988
(commonly known as the Westfall Act, 28 U.S.C. Section 2679 (b)(1),the Attorney General or his
designee may certify that an individual defendant acted within the scope of his/her employment at
the time of the incident giving rise to the suite. Id., 28 U.S.C. Section 2679(d)(2). The United
States can then be substituted for the employee as the sole defendant with respect to any tort claims,
28 U.S.C. Section 2679(d)(2). If the United States is substituted as defendant, the individual
employee is thereby protected from suits in his/her official capacity.
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/her office or employment," 28 U.S.C. Section
2679 (d)(3).
Liability for any negligent or willful acts of Task Force employees, undertaken outside the
terms of the MOU will be the sole responsibility of the respective employee and agency involved.
Liability for violations of federal constitutional law rests with the individual federal agent
or officer pursuant to Bivens vs. Six Unknown Named Agents of the Federal Bureau of Narcotics,
403 U.S. 388 (1971) or pursuant to 42 U.S.C. Section 1983 for state and local officers or cross
deputized federal officers.
Both state and federal officers enjoy qualified immunity from suit for constitutional torts
"insofar as their conduct does not violate clearly established statutory or constitutional rights of
which a reasonable person would have known." Harlow vs. Fitzgerald, 457 U.S. 800 (1982).
TASK FORCE officers may request representation by the U.S. Department of Justice for
civil suits against them in their individual capacities for actions taken within the scope of
employment. 28 C.F.R. Sections 50.15 and 50.16.
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] designee determines that providing representation
would otherwise be in the interest of the United States." 28 C.F.R. Section 50.15(a).
A TASK FORCE officer'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
TASK FORCE. The CDC will then forward the representation request to the FBI's Office of
General Counsel (OGC) together with a letterhead memorandum concerning the factual basis for
the lawsuit. FBI/OGC will then forward the request to the Civil Division of DOJ togetffl-
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agency recommendation concerning scope of employment and Department representation.
28 C.F.R. Section 50.15(a)(3).
If a TASK FORCE officer is found to be liable for a constitutional tort,he/she may request
indemnification from DOJ to satisfy an adverse judgment rendered against the employee in his/her
individual capacity, 28 C.F.R. Sections 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. Section 50.15(a).
X. DURATION
This MOU shall remain in effect until terminated as specified below. Continuation of this
MOU shall be subject to the availability of necessary funding. This agreement may be modified
at any time by written consent of all involved agencies. This agreement may be terminated at any
time by any of the participating agencies, including the FBI. The participating agencies may
withdraw from this agreement at any time by providing a 30-day written notice of its intent to
withdraw to all other participating agencies. Upon the termination of the VC/MOTF and the MOU,
all equipment will be returned to the supplying agencies.
XI. SPECIFIC FWPD/FBI PROVISIONS:
The following provisions are included in this MOU at the specific request of the Fort
Worth Police Department:
a. Compliance with FBI policies and procedures does not relieve Fort Worth City officers
from adherence to all Fort Worth Police Department policies and procedures. Specifically,FWPD
Code of Conduct, and the use of deadly force and firearms policies.
The involvement of the FWPD officer(s)the City officer(s) in any incident resulting in the
death or serious injury to any person in the custody of a City officer(s), or the death of any person
with whom the City officer(s) has had primary involvement, will be reported to the FWPD. The
involvement of City officer(s)in such incidents will be investigated by the FWPD Critical Incident
Investigation Team and the FBI. The FBI will cooperate in such investigation to the fullest extent
possible, consistent with internal FBI policy.
b. FWPD officers assigned to the VC/MOTF shall be required to qualify with their
firearms according to current FWPD procedure. They shall also be mandated to attend a sufficient
number of in-service training seminars in order to meet training standards of the department and
the State.
c. Any incident involving an alleged violation of the FWPD Code of Conduct, by a
FWPD officer(s) shall be investigated by the FWPD Internal Affairs Department. The FBI will
cooperate in such investigation to the fullest extent possible, consistent with internal FBI policy.
d. In the event an assigned FWPD officer(s) is involved in an accident, an accident
investigation will be conducted per FBI guidelines. In addition, unless a conflict with an
undercover operation exists, the accident will also be investigated per FWPD policie
procedures.
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e. In the event any detailed officer(s) shall be cited as party of any civil law suits, state or
-federal, arising out of the performance of VC/MOTF objectives,he/she shall be entitled to the
same benefits to which he/she would be entitled had said officer not been detailed to the
VC/MOTF..
f. FWPD's designated officers shall receive the same wage, salary,pension and other
compensation and all other rights for such services,including injury or death benefits and worker's
compensation benefits, as though said officer(s)were not detailed to VC/MOTF. Moreover, all
wages and disability payments, including worker's compensation benefits, pension payments,
damage to equipment and clothing and medical expenses, shall be paid as though said officer(s)
were not detailed to the VC/MOTF.
g. During the period of assignment to the VC/MOTF,the City of Fort Worth will remain
responsible for establishing the salary and benefits, including overtime of the City of Fort Worth
officer(s) assigned to the VC/MOTF, and for making all payments due them.
This agreement may be modified at.any time by written consent of all involved agencies. "
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.
ATTEST: CITY OF FORT WORTH
By:
City Secretary Joe ni a"
Assistant City Manager
APPROVED AS TO FORM FEDERAL BUREAU OF
AND LEGALITY: INVESTIGATION:
David Yett, City Attorney
By: �'��✓'G�� �� Z�f�'! L
Assistant City Attorney adalupe Gonzalez
Special Agent in Charge
Dallas,Texas
Cor:tract .�utho iz fJioxp�
Date
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 1/10/2006
DATE: Tuesday, January 10, 2006
LOG NAME: 35SAFESTREETS REFERENCE NO.: **C-21245
SUBJECT:
Authorize Execution of a Memorandum Agreement and a Cost Reimbursement Agreement with the
United States Federal Bureau of Investigation to Assist the Safe Streets Violent Crime/Major
Offenders Task Force
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager to execute a Memorandum Agreement and Cost Reimbursement Agreement
with the United States Federal Bureau of Investigation (FBI) to assist in official investigations and to receive
reimbursement for overtime expenses for participation in the Safe Streets Violent Crime/Major Offenders
Task Force (VC/MOTF); and
2. Authorize the Agreement to begin when authorized agents of all parties have signed the Agreement, and
continue until terminated by either party with 30-days notice, subject to the availability of funding.
DISCUSSION:
The United States Federal Bureau of Investigation has established the Safe Streets Violent Crime/Major
Offenders Task Force (VC/MOTF) as a joint cooperative effort to combine law enforcement resources
aimed at reducing the most violent criminal activity within the community. The unit will maximize inter-
agency cooperation targeting bank robberies, violent fugitives, commercial robberies, kidnappings and other
aggravated crimes of violence.
The Fort Worth Police Department will temporarily assign two Fort Worth police officers to participate in the
Safe Streets Violent Crime/Major Offenders Task Force. The agreement allows the Fort Worth Police
Department to request reimbursement of payment of overtime costs for related work performed by its
officers assigned to assist the United States Federal Bureau of Investigation's Safe Streets Violent
Crime/Major Offenders Task Force.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that the Police Department will be responsible for the collection of revenues
under this agreement.
Logname: 35SAFESTREETS Page 1 of 2
TO Fund/Account/Centers FROM Fun d/Accou nt/C enters
GG01 488100 0356300 $0.00
Submitted for City Manager's Office bT. Joe Paniagua (6140)
Originating Department Head: Ralph Mendoza (4210)
Additional Information Contact: John Ramirez (4229)
Logname: 35SAFESTREETS Page 2 of 2