HomeMy WebLinkAboutContract 39591 (2)�f7Y SECR rAjq `
�NTRACT NO.
MEMORANDUM OF UNDERSTANDING
Between
The Department %J Homeland Security,
U.S. Immigration and Customs Enforcement,
Office of Investigations, Dallas, TX
And
The City of Fort Worth, by and through its Police Department
1. PARTIES: The Parties to this Memorandum of Understanding (MOU) are 1). The
Department of Homeland Security, U.S. Immigration and Customs Enforcement (ICE),
Office of Investigations (OI), Dallas, TX and 2). the City of Fort Worth, by and through the
Fort Worth Police Department (FWPD), Fort Worth, TX.
Z. AUTHORITY: Activities under this MOU are authorized under the civil and criminal
immigration laws of the United States, in particular, 8 U.S.C. §1101(a)(15)(T) and 18 U.S.C.
§ 1589, pi seq.
3. PURPOSE: The purpose of this MOU is to facilitate effective law enforcement cooperation
between ICE OI and FWPD regarding victims of trafficking, and to form a task force to
address human trafficking.
4. RESPONSIBILITIES:
A. ICE will:
1. Identify and prosecute human traffickers;
2. Assist in the recognition of trafficking victims and facilitate their security and well-
being;
3. Collaborate with other investigative agencies;
4. Facilitate training, provide educational materials and technical assistance and consult
with task force personnel in areas such as:
a) Immigration procedures and visas available under the Victims of
Trafficking and Violence Protection Act of 2000;
b) The civil law protections and remedies available to victim ;U1=FICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
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c) The cultural aspects of victim services and promoting cultural
competence;
d) The federal and state human trafficking statutes; and
e) The identification of trafficking victims.
5. Gather intelligence about industries, particular businesses, agencies, groups or
individuals that may be exploiting victims of human trafficking;
6. Assist in the development of mutually agreed upon protocols between ICE OI and the
FWPD for responding to victims of human trafficking in the Fort Worth region; and
7. Participate in a collaborative approach with other task force members and trafficking
victim service providers to identify and serve victims of human trafficking.
B. FWPD will:
l . Appoint designated personnel to identify victims of trafficking;
2. Initiate investigations regarding human trafficking;
3. Provide task force coordination and support in raising awareness and capacity among
Fort Worth area law enforcement, community -based and faith based organizations,
public and private service providers, and other non -governmental organizations
(NGOs) through training, community forums, and the development of a regional
protocol for identifying and responding to human trafficking;
4. Foster collaboration between community -based organizations, members of at -risk
communities, NGOs, and law enforcement agencies through specialized training and
working group discussions; and
5. Improve methods of communication between local and federal law enforcement, the
U.S. Attorneys Office, and victim service providers in the City of Fort Worth to
ensure a coordinated community response to human trafficking.
5. SUBSEQUENT TREATMENT OF INFORMATION. The Participants understand that
information shared as a result if this MOU is restricted by the following conditions:
A. Information is shared between the Participants pursuant to an express understanding of
confidentiality. In the event a Participant receives a request under any applicable state or
federal law for information obtained as a result of this MOU, or any analytical product
based thereon, the Participant is to consult with the originating Participant prior to
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responding to the requestor and protect such information from disclosure to the greatest
extent permissible under applicable state and federal laws, including the Freedom of
Information Act, 5 U.S.C. 552, the Privacy Act, 5 U.S.C. 552a., and the Texas Public
Information Act;
B. A Participant that has received information from another Participant pursuant to this
MOU is not to use or disclose such information except as agreed to by the Participants;
C. The Participants are to obtain permission for the disclosure of information (other than A.)
received pursuant to this MOU to third parties prior to making such disclosure, unless
there is a compelling need that would justify a Participant's not obtaining such
permission, in which case the Participant seeking to disclose the information is to give
notice of the disclosure to the Participant that was the source of the information as soon
as practicable; and
D. To prevent the unauthorized disclosure, copying, use, or modification of information
provided to a Participant under this MOU, the Participants are to restrict access to
information shared pursuant to this MOU on a need to know basis, and where applicable
use recognized security mechanisms such as passwords, encryption, or other reasonable
safeguards to prevent unauthorized access.
6. OTHER PROVISIONS:
A. Nothing in this MOU is intended to conflict with current law or regulation or the
directives of the Department of Homeland Security, the ordinances of the City of Fort
Worth, or the general and special orders of the Fort Worth Police Department. If a term
of this MOU is inconsistent with such authority, then that term shall be invalid, but the
remaining terms and conditions of this MOU shall remain in full force and effect.
B. This MOU is an agreement between ICE and the FWPD and does not create or confer
any right or benefit on any other person or party, private or public.
C. Each Participant is responsible for any expenses it incurs as a result of activities under
this MOU.
D. This MOU, consisting of ten paragraphs, constitutes the entire understanding between the
Participants as to the activities, conditions, and terms addressed herein.
7. EFFECTIVE DATE: The terms of this MOU will become effective on the date it is signed
by the last party.
8. DURATION. The terms of this MOU will remain in effect as long as needed for the benefit
of the Participants, unless terminated according to the provisions of paragraph 10 of this
MOU.
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9. MODIFICATION. This MOU may be modified upon the mutual written consent of both
Participants.
10. TERMINATION. Either Participant may terminate this MOU upon 60 days written notice
to the other Participant.
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We, the undersigned, as authorized representatives of the named agency, do hereby
approve this document.
CITY OF FORT WORTH
e /� la4lie07.
Tom Higgins
Assistant City Manager
Date: 7 U7
we
Jeffr Halstead
Chief of Police
Date: ��'�•D9
William Read
Deputy Chief
Date: ���7�cj
APPROVED AS TO FORM
AND LEGALITY:
Date: Ia 1 G � `1
ATTEST:
Secretary
U.S. Immigration and Customs
Enforcement, Office of Investi atg ions
:Yohn Chakwin, Jr. /
Special Agent in Charge, Dallas Division
Date: // c
rontract Authorization
Date
OFFICIAL RECORD
CITY SECRETARY
T. WORTH, TX
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M&C Review
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Official site at the City of I=ort Worth, Texas
r
COUNCIL ACTION: Approved on 11/17/2009
CODE: G TYPE: NON- PUBLIC NO
CONSENT HEARING:
SUBJECT: Authorize the Execution of a Memorandum of Understanding Between the City of Fort
Worth, the United States Attorney for the Northern District of Texas and Seven Other
Entities in Order to Continue Coordination with Members of the North Texas Anti -
Trafficking Task Force
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a Memorandum of
Understanding between the City of Fort Worth and the United States Attorney for the Northern District
of Texas, Mosaic Family Services, Inc., the Department of Homeland Security, Immigration and
Customs Enforcement, the Federal Bureau of Investigation, Dallas Division, All Church Home for
Children, Alliance for Children, Catholic Charities and SafeHaven of Tarrant County to continue
coordination with members of the North Texas Anti -Trafficking Task Force.
DISCUSSION:
The United States Department of Justice has awarded the City of Fort Worth supplemental funding,
authorized by M&C C-23803, to continue the Police Department's Human Trafficking Unit through
September 30, 2010. A requirement under the grant award is to revise and update all previously
executed Memorandum of Understanding between the City of Fort Worth and other participating
members of the North Texas Anti -Trafficking Task Force (NTATT). The NTATT is a collaboration
between governmental agencies and social service providers with the goal of maximizing efforts
aimed at eradicating human trafficking.
When the initial human trafficking grant award was accepted by the City in 2006, (authorized by M&C
C-21508) the City executed Memorandum of Understanding with the United States Attorney for the
Northern District of Texas and Mosaic Family Services, Inc., the Department of Homeland Security,
Immigration and Customs Enforcement, All Church Home for Children, Catholic Charities and
SafeHaven of Tarrant County. It is recommended that the City update the five Memorandum of
Understandings that had previously been signed and execute a new Memorandum of Understanding
with both the Federal Bureau of Investigation, Dallas Division, and Alliance for Children. Each
Memorandum of Understanding defines the role and responsibilities of the participating agencies and
remains in effect until terminated by either participant with 60 days written notice.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that this action will have no material effect on
City funds.
TO Fund/Account/Centers FROM Fund/Account/Centers
http://apps.cfwnet.org/council_packet/mc review.asp?ID=12508&councildate=11/17/2009 12/10/2009
M&C Review
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Submitted for CitX Manager's Office bk
Originating Department Head:
Additional Information Contact:
ATTACHMENTS
Tom Higgins (6192)
Jeffrey W. Halstead (4210)
Shannon Hawkins (4249)
http://apps.cfwnet.org/council�acket/mc_review.asp?ID=12508&councildate= l l /17/2009
12/10/2009