HomeMy WebLinkAboutContract 40932CITY SECRETARY
CONTRACT NO.
FOR OFFICIAL USE ONLY
EXEMPT FROM MANDATORY DISCLOSURE UNDER FREEDOM OF INFORMATION ACT (FOI I)
MEMORANDUM OF UNDERSTANDING
BETWEEN THE
CITY OF FORT WORTH
AND THE TEXAS MILITARY FORCES
SUBJECT: Texas Military Forces Joint Counter Drug Task Force Support for Law
Enforcement Counter Drug Activities
1. PURPOSE: This Memorandum of Understanding (MOU) sets forth the agreed terms
and conditions of support to a Law Enforcement Agency (LEA) by the Texas Military
Forces Joint Counter Drug Task Force. In general, the Texas Military Forces will provide
counter drug support to Federal, State, and local law enforcement agencies when
requested in writing, subject to funding, and when a drug nexus is apparent. 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.
2. AUTHORITY: This Understanding is entered into by the Texas Military Forces
pursuant to the authority contained in National Guard Regulation 500-2 and Air Force
Instruction 10-801, Title 32 United States Code §112, and Title 32 United States Code
§502(f).
3. DEFINITIONS:
a. Texas Military Forces (TMF) includes the Texas Army National Guard and Texas
Air National Guard, operating pursuant to Title 32 of the United States Code and under
the Command and Control of the Adjutant General of Texas.
b. Texas Joint Counter Drug Task Force (JCDTF) consists of Texas National Guard
soldiers and airmen assigned to full time National Guard duty in support of Law
Enforcement Agencies.
c. Commander means the senior responsible officer appointed by the Adjutant
General of Texas to command the JCDTF.
d. Law Enforcement Agency (LEA) is defined as the supported LEA entering into
this MOU with the TMF.
e. Exigent Circumstances, for the purposes of this MOU, are situations in which
immediate action is necessary to protect law enforcement officers, JCDTF personnel, or
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH TX
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others from injury or death; prevent the loss or destruction of evidence; or to prevent the
escape of a suspect already in custody.
f. Community Based Organization (CBO) is the supported CBO entering into this
MOU with the JCDTF.
g. Drug Nexus means the involvement of illegal drugs or narcotics with actual or
suspected criminal activity.
h..Task Force Member refers to the soldier or airmen assigned to JCDTF.
4. PERIOD OF MOU: This MOU is effective beginning October 1, 2010 and remains
in effect until cancelled or terminated, in writing, by either party.
5. DRUG NEXUS By executing this MOU, the supported LEA certifies that JCDTF
personnel will be engaging only on projects or operations that have a drug nexus.
6. SCOPE OF OPERATIONS: JCDTF personnel will operate in accordance with an
LEA supported request approved by the JCDTF Commander. The approved supported
request is attached and incorporated into this MOU. Only the following Counter Drug
missions are authorized by the Secretary of Defense (SECDEF) under the authority of
Title 32 U.S.C. § 112. Requests to perform missions that are not on the SECDEF
approved mission list must be submitted through National Guard Bureau J3-CD to the
SECDEF for approval.
a. Mission Category # 1. Program Management: Plan and coordinated CD support,
established liaison with supported LEA and other community organizations, resource and
manage personnel and equipment requirements for CD support operations, and prepare
operational/financial reports and briefings as required;
b. Mission Category # 2. Technical Support: Provide Linguistic, Investigative Case
and Analyst, Operational, Engineer, Subsurface/Diver, and/or Communications support
to LEA for CD operations.
c. Mission Category # 3. General Support: Such as Domestic Cannabis Suppression
Operations, Transportation, Maintenance/Logistical, and/or Cargo/Mail inspectional
support;
d. Mission Category # 4. Counter Drug related Training and Training of
LEA/Military Personnel: Train military, LEAS, CBOs, educational and government
institutions in subjects and skills useful in the conduct of CD operations;
e. Mission Category # 5. Reconnaissance: Support LEA in CD operations through
ground reconnaissance, emplacement and monitoring of unattended sensors, ground
surveillance radar (GSR), visual reconnaissance, and aerial reconnaissance;
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f. Mission Category # 6. Demand Reduction Support: Participate in standardized,
measurable and evidenced based programs that are intended to gain the commitment of
our nation's youth to make healthy, safe and drug free choices.
7. COMMAND AND CONTROL• JCDTF personnel will be under the command and
control of the JCDTF Commander at all times. The supported LEA will notify the JCDTF
Commander immediately in the event that any JCDTF personnel are injured, or suspected
of misconduct. Personnel may be recalled at any time due to emergencies or other
operational necessities. The JCDTF Commander has the sole discretion to approve or
reject modifications to an approved LEA supported request.
8. SAFETY: The safety of National Guard CD personnel is the primary concern of the
JCDTF Commander and staff and will be emphasized in the planning and during all
operations involving CD personnel. The successful accomplishment of all CD support
missions with the minimum risk will be the main goal. CD personnel will adhere to
JCDTF Commander Safety Policy at all times.
9. FORCE PROTECTION AND USE OF FORCE* Prior to the beginning work the
supported LEA will provide the JCDTF with all known information regarding potential
or actual threats and hazards to personnel and equipment. The JCDTF personnel will
operate under and comply with the Use of Force orders established by the JCDTF
Commander. Only JCDTF personnel specifically authorized by the Commander shall be
armed. Each agency will follow their own agency's policy concerning firearms discharge
and use of deadly force.
10. WARRANTS / LEGAL REQUIREMENTS: The supported LEA shall ensure that
all legal requirements including obtaining warrants, are fulfilled. The supported LEA
recognizes that JCDTF personnel may not engage in any activity that law enforcement
officers are prohibited from conducting.
11 ARREST, SEARCHES AND SEIZURES: Absent exigent circumstances, JCDTF
personnel shall not participate in the apprehension of suspects, or search of any property.
12. EVIDENCE: The supported LEA agrees to make all reasonable efforts to prevent
the necessity of JCDTF personnel handling, possessing or otherwise coming into contact
with seized evidence. The supported LEA will make every attempt to ensure JCDTF do
not become part of the chain of custody for seized evidence. Both the TMF and the
supported LEA recognize that, in rare cases, exigent circumstances may make this
provision unfeasible.
13. SUBPOENAS OR OTHER ORDERS TO APPEAR: The supported LEA will
immediately notify JCDTF personnel in the event that any JCDTF personnel are
subpoenaed, or otherwise ordered to appear in any court. JCDTF personnel will report
such order to appear in court to their respective JCDTF Commander. If JCDTF
personnel are ordered to appear in court the supported LEA will assist the JCDTF
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personnel to obtain pre-trial counsel and preparation from the prosecuting attorney
responsible for the case.
14. INFORMATION ON CITIZENS AND SUSPECTS: JCDTF personnel shall no in
the course of their duties be responsible for maintaining files on any citizens, businesses
or organizations outside of any law enforcement facility.
15. MEDIA REQUESTS AND OTHER REQUESTS FOR INFORMATION: The
supported LEA will not reveal the participation of JCDTF personnel in any law
enforcement operations without consulting with the JCDTF Commander. Any release of
information will not divulge JCDTF operational information or identify Texas Military
Forces personnel, equipment, or units without the prior approval of the JCDTF
Commander. The supported LEA will be the lead agency for all media inquires. The
JCDTF and TMF will refer all media inquires to the supported LEA.
16. DUTY HOURS & WORK SCHEDULES: Duty hours and work schedules shall
be in accordance with the LEA support request. All JCDTF personnel maintain additional
military duties as part of their regular National Guard unit. As such, JCDTF personnel
will be required to attend Inactive Duty Training (drill weekends) and Annual Training
(two week periods). In addition, all JCDTF personnel are authorized thirty (30) days of
leave per ear, as approved by the JCDTF Commander.
17. WORK SPACE REQUIREMENTS: The supported LEA will provide parking,
appropriate work space and use of communication equipment (including phone, fax,
internet/email capabilities) for JCDTF personnel.
18. LEA FUNDING: This MOU is not an obligation or commitment of funds, nor a
basis for transfer of funds Even where one party has agreed (or later does agree) to
assume a particular financial responsibility, written agreement must be obtained before
incurring an expense expected to be assumed by another party. All obligations of 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.
19. SALARIES & BENEFITS: All JCDTF personnel serve in military status on full
time National Guard duty. As such, the TMF will pay all related salaries, allowances and
benefits for JCDTF personnel. The supported LEA shall not pay any monetary bonus or
other award to any JCDTF personnel without the advanced approval of the JCDTF
Commander.
20. ASSET FORFEITURE SHARING: The supported LEA agrees that the TMF may
participate in asset forfeiture sharing. The TMF will submit an application for a
respective share, based upon the level of participation, in an investigation resulting in the
seizure and subsequent forfeiture of assets. All forfeiture sharing shall be in accordance
with applicable laws governing the disposition of forfeited assets.
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21. LIABILITIES: The participating agencies acknowledge that this MOU does not
alter the applicable law governing civil liability, if any, arising from the conduct of
personnel In the event that a civil claim or complaint is brought against JCDTF
personnel he/she may request legal representation and/or defense by CITY OF FORT
WORTH POLICE DEPARTMENT under the circumstances and pursuant to applicable
statutes and regulations. The Law Enforcement Agency (LEA) cannot guarantee the
United States will provide legal representation or indemnification to any federal, state or
local law enforcement officer or employee.
22. RENEGOTION / MODIFICATION: This MOU may be altered or otherwise
modified, if done in writing Changes to the scope of work or functions of JCDTF must
be approved by the JCDTF Commander.
23. TERMINATION OF MOU• Either party to this MOU may terminate this MOU at
any time by written or verbal notification to the other party. If notification of termination
is delivered verbally, written confirmation shall follow within five (5) business days. The
supported LEA recognizes that JCDTF personnel may be mobilized and called to active
federal military duty as part of their normal military unit In addition, the supported LEA
understands that JCDTF operations are subject to and dependent upon annual
appropriated funding.
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TEXAS MILITARY FORCES
RANDALL E. DAVIS
Colonel, IN, TXARNG
Task F e Cominandei��
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By affixing lxi;ig their signature to this AIOU, each party affirmatively represents that they are authorized t0
enter into this A'IO U on behalf of their respective agency.
CITY OF FORT WORTH
Jeffrey W. Halstead
Chief of Police
Signature:
Date: 799"10
Tom Higgins
Assistant City Manager
•
Signature:
Date:
APPROVED AS TO FORM AND LEGALITY:
Monica Wofford Wood
Assistant City Attorney
Signature: ' U�,� L12,i OG
Date: �• � y ,�(
ATTEST:
Authority
M&C: Not Required
Contract Number: 4ci 3a
FOR OFFICIAL USE ONLY
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
6
FORT WORTH
INTEROFFICE MEMO
TO: Jerry Chandler, Police Department
FROM: Allison Tidwell, City Secretary's Office
DATE* September 16, 2010
SUBJECT: MEMORANDUM OF UNDERSTANDING FOR FULL TIME TMF TEXAS
NATIONAL GUARD SOLDIER TO FWPD FOR JOINT COUNTER DRUG
TASK FORCE
These documents are being forwarded to you for original signatures from the Texas Military Forces.
All signed copies of the contract must be returned with original signatures for final processing
Failure to return the documents will delay the final processing of the contract. Once we have
received all of the documents, we will assign a contract number. Thank you in advance for your
cooperation.
If you have any questions, please call me at 817-392-6090.
Attached: 4 sets
CITY SECRETARY
CONTRACT NO.
FOR OFFICIAL USE ONLY
EXEMPT FROM MANDATORY DISCLOSURE UNDER FREEDOM OF INFORMATION ACT (FOIA)
MEMORANDUM OF UNDERSTANDING
BETWEEN THE
CITY OF FORT WORTH
AND THE TEXAS MILITARY FORCES
SUBJECT: Texas Military Forces Joint Counter Drug Task Force Support for Law
Enforcement Counter Drug Activities
1. PURPOSE' This Memorandum of Understanding (MOU) sets forth the agreed terms
and conditions of support to a Law Enforcement Agency (LEA) by the Texas Military
Forces Joint Counter Drug Task Force. In general, the Texas Military Forces will provide
counter drug support to Federal, State, and local law enforcement agencies when
requested in writing subject to funding, and when a drug nexus is apparent. 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.
2. AUTHORITY: This Understanding is entered into by the Texas Military Forces
pursuant to the authority contained in National Guard Regulation 500-2 and Air Force
Instruction 10-801 Title 32 United States Code § 112, and Title 32 United States Code
§502(f).
3. DEFINITIONS:
a. Texas Military Forces (TMF) includes the Texas Army National Guard and Texas
Air National Guard, operating pursuant to Title 32 of the United States Code and under
the Command and Control of the Adjutant General of Texas.
b. Texas Joint Counter Drug Task Force (JCDTF) consists of Texas National Guard
soldiers and airmen assigned to full time National Guard duty in support of Law
Enforcement Agencies.
c. Commander means the senior responsible officer appointed by the Adjutant
General of Texas to command the JCDTF
d. Law Enforcement Agency (LEA) is defined as the supported LEA entering into
this MOU with the TMF.
e. Exigent Circumstances, for the purposes of this MOU, are situations in which
immediate action is necessary to protect law enforcement officers, JCDTF personnel, or
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