HomeMy WebLinkAboutContract 39184 CITY SECRETARY'
CONTRACT NO,
PARTIES AND AUTHORITY:
This Memorandum of Understanding(NIOU) is entered into by the CITY OF FORT
WORTH, by and through its POLICE DEPARTMENT("Participating Agency") and the
United States Marshals Service(USMS)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 note). As
set forth in the Presidential Threat Protection Act of 2000 and directed by the Attorney General,
the USMS has been granted authority to direct and coordinate permanent Regional Fugitive
Task Forces consisting of Federal, state, and local law enforcement authorities for the purpose
of locating and apprehending fugitives.
The authority of the USMS to investigate fugitive matters as directed by the Attorney
General is set forth in 28 USC § 566. The Director's authority to direct and supervise all
activities of the USMS is set forth in 28 USC § 561(g) and 28 CFR 0.111. The authority of
United States Marshals and Deputy U.S. Marshals to, "in executing the laws of the United
States within a State . . . exercise the same powers which a sheriff of the State may exercise in
executing the laws thereof' is set forth in 28 USC § 564. Additional authority is derived from
18 USC § 3053 and Office of Investigative Agency Policies Resolutions 2& 15. See also
"Memorandum for Howard M. Shapiro, General Counsel, Federal Bureau of Investigation"
concerning the "Authority to Pursue Non-Federal Fugitives", issued by the U.S. Department of
Justice, Office of Legal Counsel, dated February 21, 1995. See also: Memorandum concerning
the Authority to Pursue Non-Federal Fugitives, issued by the USMS Office of General Counsel,
dated May, 1, 1995. See also: 42 U.S.C. § 16941(a)(the Attorney General shall use the
resources of federal law enforcement, including the United States Marshals Service, to assist
jurisdictions in locating and apprehending sex offenders who violate sex offender registration
requirements).
NIISSION-
The primary mission of the task force is to investigate and arrest, as part of joint law
enforcement operations, persons who have active state and federal warrants for their arrest. The
intent of the joint effort is to investigate and apprehend local, state and federal fugitives,
thereby improving public safety and reducing violent crime.
Each participating agency agrees to refer cases for investigation by the DFTF (District
Fugitive Task Force). Cases will be adopted by the DFTF at the discretion of the District Chief
Deputy, and in accordance with the provisions of the Presidential Threat Protection Act,the
Adam Walsh Child Protection and Safety Act, and the U.S. Department of Justice. Targeted
crimes will primarily include violent crimes against persons,weapons offenses, felony drug
offenses, failure to register as a sex offender, and crimes committed by subjects who have a
criminal history involving violent crimes, felony drug offenses, and/or weapons offenses. Upon
receipt of a written request,the DFTF may also assist non-participating law enforcement
agencies in investigating, locating and arresting their fugitives. Task force personnel will be
assigned federal, state, and local fugitive cases for investigation. Investigative teams will
consist of personnel from different agencies whenever possible. Each participating agency
retains responsibility for the cases they refer to the DFTF.
y_ -o A „pFF9AL RECORD
CITY SECRETARY
FT.W ORTH,TX
Federal fugitive cases referred to the task force for investigation by any participating
agency will be entered into the National Crime Information Center(NCIC) by the USMS or
originating agency, as appropriate. State or local fugitive cases will be entered into NCIC (and
other applicable state or local lookout systems) as appropriate by the concerned state or local
agency.
SUPERVISION:
The DFTF will consist of law enforcement and administrative personnel from federal,
state, and local law enforcement agencies. Agencies must be approved by the District Chief
Deputy prior to assignment to the DFTF. Agency personnel may be removed at anytime at the
discretion of the District Chief Deputy.
Direction and coordination of the DFTF shall be the responsibility of the USMS District
Chief Deputy. Administrative matters which are internal to the participating agencies remain
the responsibility of the respective agencies. Furthermore, each agency retains responsibility
for the conduct of its personnel.
A Task Force Advisory Committee, consisting of representatives of participating
agencies and USMS district personnel, may be established at the direction of the District Chief
Deputy and will meet and confer as necessary to review and address issues concerning
operational matters within the DFTF.
PERSONNEL.,:
In accordance with Homeland Security Presidential Directive (HSPD) 12, personnel
assigned to the task force are required to undergo background investigations in order to be
provided unescorted access to USMS offices, records, and computer systems. The USMS shall
bear the costs associated with those investigations. Non-USMS law enforcement officers
assigned to the task force will be deputized as Special Deputy U.S. Marshals.
Task force personnel may be required to travel outside of the jurisdiction to which they
are normally assigned in furtherance of task force operations. State or local task force officers
traveling on official business at the direction of the USMS shall be reimbursed directly by the
USMS for their travel expenses in accordance with applicable federal laws, rules, and
regulations.
REIMBURSEMENT•
The Marshals Service receives Asset Forfeiture funding for either 1)overtime incurred
by state and local investigators who provide full time support to USMS DFTF joint law
enforcement task forces; or 2) travel, training, purchase or lease of police vehicles, fuel,
supplies or equipment for state and local investigators in direct support of state and local
investigators. The USMS shall, pending availability of funds, reimburse your organization for
expenses incurred, depending on which category of funding is provided.
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Reimbursement of overtime work shall be consistent with the Fair Labor Standards Act.
Annual overtime for each state or local law enforcement officer is capped at the equivalent of
25% of a GS-1811-12, Step 1, of the general pay scale for the RUS. Reimbursement for all
types of qualified expenses shall be contingent upon availability of funds and the submission of
a proper invoice which shall be submitted quarterly on a fiscal year basis, and which provides
the names of the investigators who incurred overtime for the DFTF during the quarter;the
number of overtime hours incurred, the hourly regular and overtime rates in effect for each
investigator, and the total quarterly cost. The invoice should be submitted to the District Chief
Deputy, who will review the invoice, stamp and sign indicating that services were received and
that the invoice is approved for payment. Invoices for equipment, supplies, training, fuel, and
vehicle lease should provide supporting documentation including receipts.
EQUIPMENT:
Notwithstanding the above, pending the availability of asset forfeiture funding and
approval by the USMS in advance of any purchase, the USMS may reimburse or make direct
payments to qualified third party vendors for vehicles and equipment purchased by the
undersigned state or local agency in support of full time state and local investigators assigned to
the DFTF involved in joint law enforcement operations. Such vehicle and equipment purchases
are to be contracted for and titled in the name of the state or local law enforcement agency and
must comply with requirements prescribed by the USMS pursuant to this MOU and applicable
policies of the United States Department of Justice. Vehicles and equipment purchased by state
and local law enforcement agencies with asset forfeiture monies provided by the USMS must
remain available for exclusive use of the task force officers assigned to the DFTF by the
undersigned participant agency for the duration of the task force. Upon termination of the
agreement, usage and disposition of such vehicles are at the discretion of the undersigned state
or local law enforcement agency.
Pending the availability of funds and equipment, the USMS will issue USMS radios,
telephones, and other communication devices to each task force officer to be used for official
DFTF business. Any other equipment used by or assigned to task force officers will remain the
property of the agency issuing the equipment and will be returned to that agency upon
termination of the task force, or upon agency request.
RECORDS AND REPORTS:
Original reports of investigation, evidence, and other investigative materials generated,
seized, or collected by the DFTF shall be retained by the agency in the DFTF responsible for
the case. However, evidence may be turned over to other law enforcement agencies as
appropriate. Copies of investigative reports and other materials may be provided to other
agencies in accordance with applicable laws, rules, and regulations. Task force statistics will be
maintained in the USMS Justice Detainee Information System(JDIS) -Warrant Information
Network(WIN}. Statistics will be made available to any participating agency upon request.
INFORMANTS:
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Pending the availability of funds,the USMS may provide funding for the payment of
informants. However, all payments of informants utilizing USMS funding shall comply with
USMS policy.
USE OF FORCE:
All members of the DFTF shall comply with their agency's guidelines concerning the
use of firearms, deadly force, and less-lethal devices. Copies of all applicable firearms, deadly
force, and less-lethal policies shall be provided to the District Chief Deputy and each concerned
task force officer. In the event of a shooting involving task force personnel, the incident will be
investigated by the appropriate agency(s).
NEWS MEDIA
Media inquires will be referred to the District Chief Deputy. A press release may be
issued and press conference held,upon agreement and through coordination with participant
agencies representatives. All press releases will exclusively make reference to the task force.
RELEASE OF LIABILITY:
Each agency shall be responsible for the acts or omissions of its employees.
Participating agencies or their employees shall not be considered as the agents of any other
participating agency.Nothing herein waives or limits sovereign immunity under federal or
state statutory or constitutional law. The participating agencies agree to hold harmless the
United States from any claim, cause of action, or judgment resulting from the negligent acts
of their employees.
EFFECTIVE DATE AND TERMINATION:
This MOU takes effect once executed by representatives of both the Unites States
Marshals Service and a participant agency. Regardless of the date of execution,the parties
intend that the terms of this agreement control beginning on October 1, 2008. Participating
agencies may withdraw their participation after providing 30 days advance written notice to the
District Chief Deputy U.S. Marshal(CDUSM).
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UniteA SZAtes N6rshai
Assistant Director, IOD
(;W 6 e(4;��
Pa t ci ant Agency Representative
OFFICIAL RECORD
CITY OF FORT WORTH
Tom Higgins
Assistant City Manager
Signature:
Date: 7/ZZ V 9
APPROVED AS TO FORM AND LEGALITY:
Monica Wofford Wood
Assistant City Attorney
Signature: IA4111 Vik
Date:
A EST:
City Secretary
Date:
Authority
M&C: C -(a 3) 03 "1 "log
Contract Number: 3 11
OFFICIAL RECORD
CITY SECRETARY
FT. 1�lt'ORTH, TX
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