HomeMy WebLinkAboutContract 54258 CSC No. 54258
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF FORT WORTH
AND
CITY OF EULESS, TEXAS
The City of Fort Worth (City), on behalf of the Fort Worth Police Department (FWPD), acting by and through
Jay Chapa, its duly authorized Deputy City Manager and City of Euless (Participating Agency)each individually
referred to as "Party" and collectively referred to as the "Parties" enter into this Memorandum of Understanding
(MOU).
I. MISSION
The Fort Worth Police Department has initiated a center known as the Fort Worth Intelligence Exchange(INTEX)
for the purpose of increasing the sharing capabilities of information and intelligence related to criminal and
terrorism activities throughout the western portion of the North Texas region. The Fusion Liaison Officer
Program(FLO)establishes personnel from multiple jurisdictions as liaisons to the Fort Worth INTEX to enhance
the communication process between Federal, state, and local law enforcement agencies throughout the region.
The mission of the Fort Worth INTEX is to provide a centralized, comprehensive, multiagency criminal
information and intelligence sharing network to enhance the operational effectiveness and efficiency of the law
enforcement agencies involved in order to better protect the public. INTEX will provide real-time actionable
criminal intelligence by utilizing technology to identify trends and patterns in criminal activity. INTEX will
facilitate the collection, integration, evaluation, analysis, and dissemination of criminal information and
intelligence through established procedures for law enforcement and homeland security.
II. AUTHORITY
Authority for entering into this MOU is found in the Interlocal Cooperation Act,Texas Government Code Chapter
791. 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.
III. PURPOSE
This MOU establishes and outlines the intent of the Fusion Liaison Officer Program for those officers assigned
by the Participating Agency as a Fusion Liaison Officer for the Fort Worth INTEX. The Intent of the Fort Worth
INTEX is to be an all-crimes information analysis center that uses a collaborative approach to identify, prevent,
disrupt, and respond to criminal threats to the safety and security of the Fort Worth and surrounding areas.
This MOU establishes the procedures and responsibilities of both the City and the Participating Agency.
IV. GOVERNANCE AND OVERSIGHT
Primary responsibility for the operation of the Fort Worth INTEX is assigned to the Fort Worth Police Department
(FWPD). The Fort Worth INTEX's governance shall be consistent with the Fort Worth INTEX Privacy Policy
and shall include an advisory board, center director, and privacy officer.
OFFICIAL RECORD
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V. COMPLIANCE WITH LAWS REGARDING PRIVACY, CIVIL RIGHTS,AND CIVIL
LIBERTIES
Information sharing between the parties and all Fort Worth INTEX activities will be in accordance with the Fort
Worth INTEX Privacy Policy(Privacy Policy),the Fort Worth Police Department Integrated Information Sharing
Policy (FWPD IIS),the Texas Public Information Act,the"Criminal Intelligence System Operating Policies"28
CFR Part 23 and all other applicable law and regulations.
VI. DUTIES AND PERFORMANCE BY THE FORT WORTH INTEX
A. The Fort Worth INTEX will provide adequate work space for FLO's assigned by the Participating Agency
to work in the Fort Worth INTEX facility.
B. The Fort Worth INTEX will provide facility access for FLO's assigned by the Participating Agency to
work in the Fort Worth INTEX facility.
C. The Fort Worth INTEX will provide internal network access for FLO's assigned by the Participating
Agency to work in the Fort Worth INTEX facility.
VII. DUTIES AND PERFORMANCE OF ALL PARTNER AGENCIES
A. Specific control over an agency's resources and the continued dedication of these resources to the Fort
Worth INTEX shall be retained by the Participating Agencies, which will be kept fully apprised of all
analytical developments by its respective subordinates, as appropriate security clearances permit.
B. Each Participating Agency will be subject to the personnel rules,regulations, laws,and policies applicable
to their respective agencies. All Participating Agencies will abide by appropriate security agreements
concerning the handling of classified and sensitive material.
C. Any expense related to the inclusion of data from a Participating Agency into the Fort Worth INTEX
searchable platform, or any expense necessary related to the activation of an FLO's user license for a
searchable platform or database, whether a one-time expense or a recurring expense, will remain the
responsibility of the Participating Agency.
D. Participating Agencies will adopt this MOU and corresponding policies set forth and described in
Article V of this MOU, and such MOU and policies will have the same force and effect as the
participating agencies' internal policies and procedures.
E. Participating Agencies will assign a number of Fusion Liaison Officers consistent with the needs of the
INTEX and the Participating Agency. A Fusion Liaison Officer is considered assigned after(i)completion
of FLO training provided by the Fort Worth INTEX; (ii)after completion of a Non-Disclosure Agreement
in which the individual agrees to adhere to the privacy policy; and(iii) after such employee is designated
as a FLO by an authorized supervisor of the Participating Agency.
F. Individual users of the Fort Worth INTEX information and intelligence remain responsible for the lawful
and appropriate use of the information and intelligence provided by the Fort Worth INTEX. Failure to
abide by the restrictions and use limitations for the Fort Worth INTEX data may result in the suspension
or termination of individual user privileges, disciplinary sanctions imposed by the user's employing
agency, or criminal prosecution. Each individual user and Participating Agency utilizing the Fort Worth
INTEX is required to abide by the INTEX Privacy Policy in providing information and intelligence to the
Fort Worth INTEX and in the access,use,security,and disclosure of information and intelligence obtained
by and through the center.
G. Participating Agencies will adopt and comply with internal policies and procedures requiring the
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agency, its personnel, contractors, and users to:
1. Have and enforce policies for discovering and responding to violations of agency policies andthis
MOU, including taking appropriate action when violations are found;
2. Make available to the public the Participating Agency's internal policies and procedures regarding
privacy, civil rights, and civil liberties;
3. Cooperate with periodic,random audits by representatives of the Fort Worth INTEX and/orother
designated individuals related to Participating Agency's specific participation with Fusion;and
4. Designate an individual within the Participating Agency to receive reports of alleged errors in
the information that originated from the Participating Agency.
H. If a Participating Agency fails to comply with either the provisions of this agreement or internal
policies, or fails to enforce provisions in its local policies and procedures regarding proper collection,
use, retention, destruction, sharing, disclosure, or classification of information, as determined by the
Fort Worth INTEX Advisory Board (Board),the Board may:
1. Suspend or discontinue the offending agency's access to the Fort Worth INTEX;or
2. Offer to provide an independent review, evaluation, or technical assistant to the
Participating Agency to establish compliance.
VIII. PERSONNEL
A. Personnel Rules and Discipline
1. A complaint made against any Participating Agency individual assigned to the Fort Worth INTEX,
while acting within the scope of their INTEX assignment, shall be reported to the Center Director.
The Director will immediately report such complaint to the respective agency's direct supervisor
of the individual. Such complaints shall be investigated immediately by the Director and reported
to the Advisory Board for review and possible removal from INTEX.
2. A complaint made against any personnel assigned to the Fort Worth INTEX outside the scope of
their INTEX assignment will be the sole responsibility of the agency employing the member to
conduct an investigation. Disciplinary action,if any,is the responsibility of the employing agency.
The Participating Agency shall immediately notify the Center Director of any disciplinary action
taken to the extent possible by law or contract.
3. The Director reserves the right to remove any personnel from INTEX during the course of an
investigation into a complaint of personnel misconduct.
4. Each Participating Agency will be subject to the personnel rules, regulations, laws, and policies
applicable to their respective agencies. All Participating Agencies will abide by appropriate
security agreements concerning the handling of classified and sensitive material.
5. Any salary, compensation, overtime, other expense,worker's compensation benefits, or any other
benefit of an FLO in the performance of their duties as liaison officers to the Fort Worth INTEX
remain the responsibility of the Participating Agency where the FLO is employed whether the FLO
is located at the Fort Worth INTEX facility or at the Participating Agency. Overtime authorization
remains with the Participating Agency through the normal procedure of that Participating Agency.
B. Training
Each Participating Agency will require training for certain individuals as required and outlined by the Fort
Worth INTEX.
C. Supervisory Personnel
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A supervisory position will be assigned to oversee the Fusion Unit of the Fort Worth INTEX. There will
only be one supervisory position available for assignment. This section is only applicable to the jurisdiction
that assigns a full-time supervisor to the INTEX facility to supervise the Fusion Unit.
The Fusion Unit is one of four units that comprise the Fort Worth Intelligence Exchange Section of the Fort
Worth Police Department. This supervisor position may be filled from within the Fort Worth Police
Department or from a Participating Agency, on a full-time basis, and must hold the rank of Police Sergeant,
or equivalent. This supervisor is to provide daily guidance and support to the Fusion Unit and is responsible
for the management, supervision, and coordination of the Fusion Liaison Officer Program, the Private
Sector Outreach Program, and all operational activities for the fusion unit with full supervisory authority
equal to that of a supervisor rank within the Fort Worth Police Department.
For matters pertaining to the operation of the Fort Worth INTEX and/or the supervision of the Fusion Unit,
this supervisory position will report directly to Fort Worth Intelligence Exchange Section Lieutenant. For
matters pertaining to administrative issues listed in this MOU (Section VIII, A., 5),this supervisory position
will refer to the Participating Agency where the individual is employed.
IX. DIRECTION OF FORT WORTH INTEX AND RESOURCE CONTROL
Specific control over an agency's INTEX resources and the continued dedication of these resources to the INTEX
shall be retained by the Participating Agencies. Participating Agencies shall be kept fully apprised of all analytical
developments by their respective INTEX-based subordinates, as appropriate security clearances permit. INTEX
analysts will provide requesting Participating Agencies with link analysis, database searches and coordination of
information between local, state, tribal, and federal agencies. The INTEX will also provide tactical intelligence
support to partners using a tiered approach based on the severity of the crime or incident and its relative impact
to the Fort Worth and surrounding area.
While nothing in this MOU is to be construed as an obligation of City funds, City and Participating Agencies
agree that each party paying for the performance of governmental functions or services shall make those payments
from current revenues available to the paying parry. City and Participating Agencies further agree that any
contractual payments made pursuant to this MOU shall be in an amount that fairly compensates the performing
party for the services or functions performed.
X. AUDITING
The INTEX advisory board may conduct audits at any time consistent with the Privacy Policy to determine
efficiency with the INTEX operation,compliance with this MOU and other agreements or contracts,or adherence
to the privacy policy.
XI. RELATIONSHIP OF PARTIES AND LIABILITY
Nothing in this MOU shall be deemed to create an employment relationship between any of the Participating
Agencies. The Participating Agencies do not waive and intend to assert any available defenses and/or limitations
on liability. No Participating Agency shall be considered to be an agent of any other Participating Agency. The
Participating Agencies acknowledge that neither party has waived its sovereign immunity or any defenses
available to it in statute or the common law by entering into this MOU.
XII. AMENDMENTS
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This MOU may be modified only by a writing properly executed by each of the Participating Agencies. No
representation or promise made after the execution of this MOU, nor any modifications or amendments of this
MOU, shall be binding on the Participating Agencies unless made in writing and properly executed by each of
the Participating Agencies.
XIII. TERM OF AGREEMENT
A. Effective Date.
This MOU shall commence on the date of the execution by the final signature of all parties.
B. Renewal Term(s).
This MOU shall renew annually automatically, unless terminated as provided herein.
C. Termination.
A party to this MOU may terminate its involvement in this MOU upon 60 days written notice to the other
parties.
XIV. COMPLETE AGREEMENT
This MOU constitutes the entire agreement and understanding between the parties and supersedes all previous
agreements, understandings,discussions, or representations concerning its subject matter. This MOU may not be
amended in whole or in part except in a written amendment executed by both parties to the MOU.
XV. SEVERABILITY
If a court of competent jurisdiction determines that a term or provision of this agreement is void or unenforceable,
the remainder of this MOU remains effective to the extent permitted by law.
XVI. SURVIVAL OF OBLIGATIONS
All provisions of this MOU that impose continuing obligations on the parties, including but not limited to
warranty, indemnification, limitation of liability, and confidentiality, shall survive the expiration of termination
of this MOU.
XVII. MISCELLANEOUS
A. This MOU is subject to the provisions of any agreement made between the parties to this MOU and the
United States Government relative to the expenditure of federal funds for the development and
maintenance of the INTEX.
B. Each individual signing this MOU on behalf of a party warrants that he or she is legally authorized to do
so and that the party is legally authorized to perform the obligations undertaken.
XVIII. NOTICE
A. All notices sent pursuant to this MOU shall be in writing and may be hand delivered, or sent by registered
or certified mail,postage prepaid,return receipt requested.
B. When notices sent are had delivered, notice shall be deemed effective upon delivery. When notices are
mailed by registered or certified mail, notice shall be deemed effective three days after deposit in a U.S.
mail box or at a U.S.post office.
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C. Either party may change its address for notice under this MOU by providing a notice of the change in
compliance with this paragraph to all other parties.
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ACCEPTED AND AGREED:
CITY OF FORT WORTH CONTRACT COMPLIANCE MANAGER:
By signing I acknowledge that I am the
person responsible for the monitoring and
Par,7 Cl= administration of this contract, including
By: Jesus J.Chapa(Aug 10,2 2008:55CDT) ensuring all performance and reporting
Name: Jesus J. Chapa requirements.
Title: Deputy City Manager
APPROVAL RECOMMENDED: By: k
Sasha Kane(AUg 6,202010:3T CDT)
Name: Sasha Kane
2azeel Title: Sr. Contract Compliance Specialist
By: EcTwin Kraus(Aug 7,2020 08:21 CDT)
Name: Edwin Kraus APPROVED AS TO FORM AND
Title: Chief of Police Aaatt�f0ft- 4h LEGALITY:
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O�000000000 /yam By; Lynn wi a ug 10,2020 07:52 CDT)
a4 aFXps�pp Name: Lynn Winter
By; Title: Assistant City Attorney
Name: Mary J. Kayser
Title: City Secretary CONTRACT AUTHORIZATION:
M&C:
Date Approved:
Form 1295 Certification No.:
CITY OF EULESS
By:
Name. cha 'I Town
Title: Chief bf Police
OFFICIAL RECORD
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FT. WORTH, TX