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HomeMy WebLinkAboutContract 35524 CITY SECRETARY %CONTRACT NO. ...f United States Marshals Service Northern District of Texas Dallas/Fort Worth Divisions MEMORANDUM OF UNDERSTANDING April 18, 2007 Page 1 of 14 TABLE OF CONTENTS GENERAL DEFINITIONS PURPOSE & MISSION AUTHORITY MEMORANDUM OF UNDERSTANDING ADVISORY GROUP SPECIAL DEPUTIZATION TRAINING FUNDING OVERTIME FUNDING STAFFING COMMITMENT TRAVEL VEHICLES & EQUIPMENT FUEL & MAINTENANCE SEIZURES & FORFEITURES STATISTICAL REPORTS MEDICAL DEADLY FORCE & SHOOTING RESPONSE LIABILITY Page 2 of 14 _ U GENERAL DEFINITIONS DFW FAST: Dallas/Ft .Worth Fugitive Apprehension Strike Team-A combination of diverse resources from the U.S. Marshals Service and various federal, state and local agencies, DFW FAST is dedicated to the apprehension of violent felony fugitives. DFW FAST MANAGEMENT: Supervisors, Lieutenants, Sergeants, Chiefs, etc from Participating Agency' s. DOJ: Department of Justice DUSM (S) : Deputy U. S. Marshal (s) DFW FAST Case: Fugitive cases accepted by DFW FAST (State & Federal Warrants) HIDTA: High Intensity Drug Trafficking Area ISD: U. S. Marshals Service' s Headquarters Investigative Services Division JDIS: Computer program and data base used by the U. S. Marshals Service that interfaces with Warrant Information Network (WIN) , NCIC, and NLETS OCDETF: Organized Crime and Drug Enforcement Task Force PHSI : Public Housing Safety Initiative PSN: Project Safe Neighborhood SDUSM (S) : U. S . Marshals Service supervisor (s) , responsible for day to day oversight of DFW FAST activities . STO (S) : Strike Team Officer(s) - Officer(s) or agent (s) assigned to DFW FAST from a department or agency other than the U. S . Marshals Service . USM 7 : USMS bi-weekly Time and Attendance Report USM 11 : USMS Investigative Report USM 133 : Use of Force Form USMS: United States Marshals Service USMS SRT: USMS Special Response Team Page 3 of 14 POLICY Pursuant to the Presidential Threat Protection Act of 2000 (Public L. 106-544 , § 6, December 19, 2000, 114 Stat. 2718, 28 U.S . C. § 566 (e) (1) (B) note) " the Attorney General shall, upon consultation with appropriate Department of Justice and Department of the Treasury law enforcement components, establish permanent Fugitive Apprehension Task Forces consisting of Federal, State and local law enforcement authorities in designated areas of the United States, to be directed and coordinated by the United States Marshals Service, for the purpose of locating and apprehending fugitives . " The USMS pursues fugitives through Regional Fugitive Task Forces (RFTF' s) and through District Fugitive Task Forces (DFTF' s) . The United States Marshals Service (USMS) Districts are the focal point for the establishment, implementation, and management of the District Fugitive Task Forces (DFTF) . In January 2004 , the United States Marshals Service established the Dallas - Fort Worth Fugitive Apprehension Strike Team (DFW FAST) . DFW FAST is the DFTF for the Northern District of Texas . With respect to the general management and operations of DFW FAST (DFTF) the participating law enforcement agencies do hereby agree to the following particulars : 1 . The USMS shall serve as the applicant, recipient and or proctor of any funding received on behalf of DFW FAST (DFTF) . 2 . The USMS is the chief administrative component of DFW FAST (DFTF) and shall assure compliance with program regulations and applicable federal, state and local laws with input from participating federal, state and local agencies . 3 . DFW FAST (DFTF) shall establish an "Advisory Group" consisting of all chief executive officers or their designee from member agencies that participate on DFW FAST (DFTF) . The DFW FAST (DFTF) Advisory Group will be headed by the United States Marshal or designee . Page 4 of 14 PURPOSE & MISSION DFW FAST (DFTF) was established to assist various state & local departments in the apprehension of dangerous and or violent criminals and other high priority cases as designated by referring agencies . DFW FAST is staffed with agents and officers representing each participating agency or department. The USMS is responsible for the oversight of all FAST cases and operations . DFW FAST is comprised of two offices located as follows : * Dallas Office : 1114 Commerce #707 Dallas, Texas 75242 (214) 767-6700 * Ft .Worth Office : 501 W. loth # 211 Ft.Worth, Texas 76102 (817) 978-3161 Each of the above DFW FAST locations will be staffed with a full time SDUSM. The Memorandum of Understanding (MOU) and Standard Operational Procedures outlined are provided as guidance for Agencies & Departments participating on DFW FAST. The following pages will ensure that all personnel assigned to the DFW FAST are FULLY aware of what duties are expected from them regarding duties while assigned to DFW FAST. As a general rule, all Strike Team Officers must adhere to parent agencies Policies and Procedures . Participating members may not adopt Policies and Procedures from other participating agencies without prior approval from both parties . Page 5 of 14 MEMORANDUM OF UNDERSTANDING ADVISORY GROUP A. DFW FAST Advisory Group will consist of representatives from all participating agencies and departments staffing DFW FAST (Full Time or Part Time) B. DFW FAST will conduct two (2) mandatory Advisory Group meetings each year for all Participating Agencies . C. DFW FAST will establish and maintain an e-mail group of supervisors and other managers from participating Agencies (DFW FAST MANAGEMENT) . D. DFW FAST SDUSM' s will notify DFW FAST MANAGEMENT of DFW FAST activities and operations . SPECIAL DEPUTATION A. All STO' s who are subject to a background inquiry and are sworn law enforcement officers will be federally deputized while assigned to DFW FAST. Deputation of these officers will ensure that they can exercise law enforcement authority throughout the United States in accordance with DFW FAST missions . B . All STO' s will be required to submit all applicable USMS documentation, forms, fingerprints, photos, etc. related to the Special Deputation process within thirty (30) days of assignment to DFW FAST. C. STO' s are responsible for ensuring that Special Deputation Authority is current at all times . D. STO' s may be granted temporary approval to work on DFW FAST pending final back ground investigation approval and security clearance . E. Special Deputation is ONLY in effect when conducting DFTF or RFTF business . Page 6 of 14 TRAINING A. DFW FAST Orientation training for all DUSM(S) and STO (S) will be required for all FAST personnel. Orientation training will include JDIS, Firearms, Report writing and other FAST related topics as determined by management (USMS or other) . Training in systems, legal, electronic surveillance, electronic interception, etc . may also be provided. B. All STO' s are required to attend DFW FAST training sessions each month. Training sessions will consist of at least 4 hours of live fire exercises each month. USMS Firearms Instructor and Range Officer will be present during all live fire exercises . C. DFW FAST SDUSM may approve STO absence for training sessions. D. Participating agencies must provide training Ammunition to all officers/agents assigned to DFW FAST from their respective departments, if needed due to dissimilar caliber of USMS weapon systems . FUNDING This MOU is not an obligation or commitment of funds, nor a basis for the transfer of funds . Even where a party has agreed (or later does agree) to assume a particular financial responsibility, the party' s or departments express written approval must be obtained before the incurring any expense by another party that would become the financial responsibility of the other party or department. All obligations of and expenditures by the parties will be subject to their respective budgetary and fiscal processes and availability of funds pursuant to all laws, regulations, and policies that may apply. The parties acknowledge that there is no intimation, promise, or guarantee that funds will be available in future years . The USMS and the participating agency or department may enter into a separate agreement to reimburse approved overtime related to DFW FAST missions (See OVERTIME FUNDING) . Page 7 of 14 DFW FAST assumes all expenses related to office supplies, office equipment and printing associated with DFW FAST missions . OVERTIME FUNDING The United States Marshals Service and DFW FAST will seek overtime funding for participating agencies on a case by case basis . Grants and Funding requests for specific Department of Justice initiatives (Project Safe Neighborhood and Public Housing Safety Initiative) related to DFW FAST operations will be reviewed and endorsed by the US Marshals Service prior to submission by the participating agencies. 1. NON-FEDERALLY REIMBURSABLE OVERTIME In the event that grant funding or USMS Federally Reimbursable Overtime is not available, SDUSM (S) will work with departmental supervisors to obtain authorization for STO (S) overtime, compensatory time, and/or flexible work schedules, where federal funding is not available. DFW FAST can not approved flex, compensatory time or other overtime without prior approval from parent agency. 2. FEDERALLY REIMBURSABLE OVERTIME If approved, Overtime funding may be provided by United States Marshals Service (OCDETF or USMS ISD Funds) . Overtime funding in this category will be reimbursed at a flat overtime rate for the specific officer claiming overtime . STO (S) receiving overtime that is funded through federal programs such as HIDTA and OCDETF will comply with all standards set forth by each respective program. SDUSM will determine the overtime needs of each case and will authorize overtime on a prioritized basis, to suit the overall needs of DFW FAST. Federally reimbursable overtime will be disseminated as equally as possible, considering the needs of DFW FAST. 3. PROJECT SAFE NEIGHBORHOOD GRANTS, WEED & SEED, ETC DFW FAST may sponsor grants and grant applications for overtime for state and local officers assigned to DFW FAST. Overtime funded under Project Safe Neighborhood or similar Page 8 of 14 grants for DFW FAST agencies, will be approved by SDUSM in conjunction with departmental supervisors. DFW FAST will remain responsible for all reimbursement requests for overtime hours for state and local officers receiving the above described funding. 4 . LEAP HOURS (DUSM(S) AND OTHER FEDERAL AGENTS/OFFICERS) Many federal agencies provide Law Enforcement Availability Pay (LEAP) to agents/officers . All personnel receiving LEAP are expected to work the hours necessary to qualify for LEAP status . STAFFING COMMITMENT In view of the need for security clearances, special deputation and the continuity of investigations, all personnel detailed to DFW FAST should be expected to be detailed for a period of at least two (2) years unless officer or agent is removed from DFW FAST for just cause. This MOU imposes no maximum limit as to the time that any individual may remain a member of DFW FAST. Parent agency may remove officers prior to the completion of two (2) years if removal is in the best interest of the parent agency. All non-USMS members of DFW FAST must adhere to the same rules and regulations as USMS employees with regard to conduct and activities while in USMS space, while operating USMS owned or leased vehicles, and while conducting DFW FAST business . All STO' s from Federal, State and Local agencies are responsible for maintaining an appropriate case load, as directed by DFW FAST SDUSM. TRAVEL All DFW FAST related travel of STO' s or non-USMS personnel requires the approval of the appropriate DFW FAST SDUSM and the approval of participating agency supervisor prior to travel. In order to avoid delay in operational travel, the participating agency will provide general travel authority to all of its participating employees for the duration of the each employee ' s assignment on DFW FAST. The USMS will reimburse STO' s for all approved DFW FAST related travel. Page 9 of 14 VEHCILES & EQUIPMENT A. In furtherance of this MOU, employees of participating agencies may be permitted to drive USMS owned or leased vehicles for DFW FAST missions . USMS owned or leased vehicles may only be used for official DFW FAST business and only in accordance with USMS Policies and Procedures . B. To the extent allowed by law, and without waiving any of their governmental immunity and any defenses available under Texas law, participating agency the participating agency agrees to be financially responsible for any property damage to a USMS owned or leased vehicle operated by an employee of the participating agency under the terms of this MOU, when such property damage is the result of an incident for which the participating agency' s DFW FAST STO is at fault . The participating agency further agrees to be responsible for any tortious act or omission on the part of the participating agency and/or its employees and for any liability resulting from the use of the USMS owned or leased vehicles utilized by a participating agency DFW FAST STO, except where liability is otherwise handled under the Federal Tort Claims Act (FTCA) . C. To the extent allowed by law, and without waiving any of their governmental immunity and any defenses available under Texas law, any civil liability arising from the use of an USMS owned or lease vehicle by a DFW FAST STO while engaged in any conduct other than his or her official duties and assignments under this MOU shall be the responsibility of the participating agency. The participating agency agrees to hold harmless the USMS and the United States for any claim for property damage or personal injury arising from the use of an USMS owned or leased vehicle by a participating agency DFW FAST STO which is outside of the scope of his or her official duties and assignments under this MOU. D. For official inventory purposes, all USMS and or DFW FAST equipment assigned to STO' s must be produced by each STO upon demand by USMS SDUSM. Page 10 of 14 L L 7 At the completion of the STO' s assignment on DFW FAST, or upon the withdrawal or termination of the participating agency from DFW FAST, all equipment will be returned to the supplying agency. STO' s will be financial responsible for all unreturned USMS property. FUEL & MAINTENANCE A. Participating agency' s agree to supply vehicle fuel and maintenance on vehicles provided by Participating Agency. B. USMS agrees to supply vehicle fuel and maintenance on vehicles provided by the USMS . C. Participating agencies and USMS can share expenses described in sections A & B above on a case by case basis . (Example- USMS supplies vehicle and covers maintenance, Participating Agency assumes Fuel Costs . ) SEIZURES & FORFEITURES Any and all seizures will be considered Federal or Non- federal seizures . Those seizures deemed Federal will proceed and be distributed as specified under the guidelines of the U. S . Department of Justice ' s "Guide to Equitable Sharing of Federally Forfeited Property for State and Local Law Enforcement Agencies" . Per Department of Justice guidelines, a minimum of 20% will be deposited into the Asset Forfeiture Fund (Federal Share) , the remaining 80% or less will be dispersed to participating agencies . Those seizures deemed Non-Federal will be forfeited according to the forfeiture statutes outlined by participating agencies or departments . STATISTICAL REPORTS A. DFW FAST will distribute monthly statistical reports to all participating Agencies by the fifth day of the month. B. DFW FAST will at the request of participating agencies complete agency specific reports . Page 11 of 14 C. DFW FAST will complete reports related to DFW FAST missions that support PSN, PSHI, OCDETF or HIDTA activities in the North Texas area. Participating agencies may request copies of the above reports . MEDICAL All DFW FAST members must be medically qualified for unrestricted duty (perform essential functions of the job) by their agencies or departments . In the event that a DFW FAST STO or DUSM develops physical limitations, the STO or DUSM may be removed from DFW FAST or reassigned to another division depending on rehabilitation time frame . DEADLY FORCE & SHOOTING RESPONSE DFW FAST STO' s must adhere to parent agency or departmental policy concerning use of deadly force . In the event that an STO or DUSM assigned to DFW FAST discharges a firearm not including training or firearms qualifications, a DFW FAST SDUSM must respond to the scene immediately. In the event that a STO, DUSM, suspect or other individual is shot, additional USMS Command Staff will respond to the scene. Investigations related to Deadly Force and or shooting incident will reside with the agency that is responsible for the jurisdiction and or location in which the incidents occurred. Responding DFW FAST SDUSM and other participating agencies are encouraged to assist and coordinate with investigating agency. Supervisors of all participating agencies involved in a deadly force or shooting incident must respond to the scene in order to provide care for their respective officers and to assist and coordinate with investigating agency. Responding supervisors must also assure that their respective agencies interests are satisfied. DFW FAST SDUSM will immediately contact STO' s parent agency and request guidance on specific agency or departmental procedures and policies related to respective agency or department . Page 12 of 14 Due to the vast jurisdictional areas that DFW FAST missions cover, DFW FAST SDUSM will ensure that all parties that would have a direct interest are involved in a joint capacity in the investigation aspects of the shooting incident. It is agreed, that jurisdiction will remain with the location of the incident in which the shooting occurred and that the USMS and the involved STO' s parent agency or department will assist and coordinate with investigating agency. USMS Policy states that a DUSM involved in a shooting incident should coordinate with SDUSM and possible seek medical attention prior to providing any verbal or written statements to investigating agency. LIABILITY To the extent allowed by law, and without waiving any of their governmental immunity and any defenses available under Texas law, the participating agency or department acknowledges that financial and civil liability, if any and in accordance with applicable law, for the acts and omissions of each employee detailed to DFW FAST remains vested with his or her parent (employing) agency. However, the Department 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 . Page 13 of 14 a ENDORSEMENTS FIRS ORSE E btv'ig Davidson Date United States Marshals Service Assistant Chief Deputy SEC E RSEME kdew om B taman e Date United States Marshals Service hief Deputy APPROVALS United States Marshals Service Name : Randy Ely Title : U. S . Marshal Signature : Date : v L City of Fort Worth Name: Joe P niagua Title: Assistant City Manager Signature : DATE: ov/71;, J7 Name: Ralph Ln d Title: Chief of Police Signature . DATE: Ap roved As To Form and Legality e nn Guzman Assistant City Attorney Attest: ") - i2Aq�q� Cit Secretary I Q JL — IC7� t r.tr ct Auth izatioa ?T=F Page 14 of 14 �� City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 4/17/2007 - Ordinance No. 17511-04-2007 DATE: Tuesday, April 17, 2007 LOG NAME: 35NTCCSIXCITY REFERENCE NO.: C-22073 SUBJECT: Authorize Acceptance of a Six City Anti-Gang Initiative Grant from the North Texas Crime Commission, Approve a Memorandum of Understanding with the U.S. Marshal's Office for the Dallas/Fort Worth Fugitive Apprehension Strike Team and Adopt Appropriation Ordinance RECOMMENDATION: It is recommended that the City Council: 1. Authorize the City Manager to accept the Six City Anti-Gang Initiative Grant from the North Texas Crime Commission in the amount of$23,668; 2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grant Fund by $23,668; subject to receipt of the grant; and 3. Authorize the City Manager to enter into a MOU with the U.S. Marshal's Office to implement the grant. DISCUSSION: The scope of work for the Fort Worth Police Department under this grant includes: 1. DFW FAST Officers will investigate and apprehend violent fugitives including gang members and gang associates; 2. DFW FAST Officers will coordinate with the Fort Worth Gang Unit and Homicide Unit for the referral of fugitive cases; and 3. DFW FAST Officers will utilize the US Marshal's Service Task Force network to aggressively track and locate violent fugitives including gang members and gang associates that have fled the Fort Worth area. The $23,668 grant funds will be used for 724 overtime hours for Fort Worth Police Officers that are a part of the DFW FAST. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds will be available in the current operating budget, as appropriated, of the Grant Fund. Logname: 35NTCCSIXCITY Page 1 of 2 TO Fund/Account/Centers FROM Fund/Account/Centers GR76 451974 035462188000 $23,668.00 GR76 5(VARIOUS) 035462188010 $23,668.00 Submitted for City Manager's Office by: Joe Paniagua (6575) Originating Department Head: Ralph Mendoza (4211) Additional Information Contact: Sasha Kane (4243) Logname: 35NTCCSIXCITY Page 2 of 2