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MEMORANDUM OF UNDERSTANDING
BETWEEN
THE UNITED STATES DEPARTMENT OF JUSTICE
FEDERAL BUREAU OF PRISONS
FEDERAL CORRECTIONAL, INSTITUTION
FORT WORTH, TEXAS
AND
CITY OF FORT WORTH
FORT WORTH, TEXAS
For Canine Drug Detection Searches
Pursuant to authority contained in 18 U. S.C. § 4042 (a) and the
Intergovernmental Personnel Program, 42 U. S.C. Chapter 62, this
Memorandum of Understanding ("MOU" or "Agreement") , is entered into
by and between the United States Department of Justice, Federal
Bureau of Prisons, Federal Correctional Institution, Fort Worth,
Texas, herein after referred to as "FCI Fort Worth", and the City of
Fort Worth, acting through its duly authorized Assistant City
Manager on behalf of the Fort Worth Police Department, herein after
referred to as "FWPD", who hereby agree as follows:
I. PURPOSE AND SCOPE:
A. This Agreement is intended to establish quarterly training
exercises for FWPD canine units to search for illegal drugs within
FCI Fort Worth, thereby assisting the FWPD in maintaining the canine
unit' s drug detection skills and FCI Fort Worth in maintaining
institution security.
B. Nothing contained herein shall be construed to abrogate,
impair, alter, or amend any other agreement now in effect between
the parties on any other subject.
C. This Agreement supersedes any previously executed agreement
between the parties on this same subject.
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MOU - FCI Fort Worth Canine Drug Detection Search OFFICIAL REM DRD
II . RESPONSIBILITIES:
A. FCI FORT WORTH Shall:
1. Provide to FWPD a list of FCI Fort Worth contact persons
authorized by the Warden to act as liaison with the FWPD .and
coordinate additional operational details. The list shall include
name (s) for the FCI Fort Worth contact person (s) , and be updated as
necessary.
2 . Identify the areas to be searched and:
a. Permit a FWPD canine unit officer to approve in
advance the area (s) to be searched.
b. Ensure that all inmates and visitors are clear of the
area to be searched.
3. Provide an escort for FWPD canine units at all times
while at FCI Fort Worth.
4 . Work with FWPD canine unit to execute necessary search
and training records, and maintain proper chain of custody for all
relevant evidence.
B. FWPD shall:
1. Provide a canine unit for the purpose of detecting
illegal drugs at FCI Fort Worth on a quarterly basis, subject to
availability.
2 . Provide to FCI Fort Worth a list of FWPD contact persons
authorized to act as liaison with FCI Fort Worth and coordinate
additional operational details, e.g. scheduling dates/times. The
list shall include name (s) , title (s) , and telephone number (s) for
the FWPD contact person (s) , and be updated as necessary.
3. Work with FCI Fort Worth to execute necessary search and
training records, and maintain proper chain of custody for all
relevant evidence.
III. PROCEDURES:
A. The FCI Fort Worth and FWPD contact persons shall establish
the dates and times for each quarterly search, as well as other
appropriate operational details.
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MOU - FCI Fort Worth Canine Drug Detection Search
B. Each party' s contact person shall provide notice to the
other party as soon as practicable after circumstances arise
that would prevent a scheduled search.
IV. GENERAL PROVISIONS:
A. PERIOD OF AGREEMENT/TERMINATION:
1 . This Agreement shall become effective upon the date of
last signature of the authorized officials for both parties, as
designated below, and shall remain in effect for a period of five
years, unless terminated sooner by mutual consent of both parties,
or by either party providing 60 days advance written notice to the
other party.
2. This Agreement shall remain in effect during the term in
office of any successive leadership of either party unless
terminated or modified pursuant to procedures described below.
B. MODIFICATION PROCEDURES: Either party may propose to modify
this Agreement at any time. All proposed modifications shall be in
writing and shall become effective only upon the written concurrence
of both parties.
C. FINANCIAL RESPONSIBILITIES:
1. Each party is responsible for its own costs in
implementing this Agreement.
2 . Anti-Deficiency Act: Nothing contained herein shall be
construed to violate the Anti-Deficiency Act 31 U.S.C. § 1341, by
obligating FCI Fort Worth to any expenditure or obligation of funds
in excess or in advance of appropriations.
D. LIABILITY AND INDEMNIFICATION:
1. Each party shall be responsible for any liability arising
from its own conduct and retain immunity and all defenses available
to them pursuant to federal and state law, including immunity
provided in 42 U.S.C. § 5148 for Stafford Act assistance rendered by
FCI Fort Worth. Neither party agrees to insure, defend, or
indemnify the other party.
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MOU - FCI Fort Worth Canine Drug Detection Search
2. Each party shall cooperate with the other party in the
investigation and resolution of administrative claims and/or
litigation arising from conduct related to the provisions of this
Agreement.
3. Neither party shall be responsible for delays or failures
in performance from acts beyond the reasonable control of such
party, e.g, a natural or man--made disaster.
E. DISPUTE RESOLUTION: In the event of a dispute between the
parties, the parties shall use their best efforts to resolve that
dispute in an informal fashion through consultation and
communication, or other forms of non-binding alternative dispute
resolution mutually acceptable to the parties.
F. THIRD PARTY CLAIMS: This Agreement is for the sole and
exclusive benefit of the signatory parties, and shall. not be
construed to bestow any legal right or benefit upon any other
persons or entities.
IN WITNESS WHEREOF, the undersigned, duly authorized officers have
subscribed their names on behalf of the Federal Bureau of Prisons,
FCI Fort Worth, and the City of Fort Worth.
For the Federal Bureau of Prisons:
R andle Warden Date
Federal Corr nal Institution
Fort Worth, Texas
For the City of Fort Worth:
Designated Signature Date
Valerie R. Washington Assistant City Manager i.
City of Fort Worth
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MOU - FCI Fort Worth canine Drug Detection Search ARIF
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Fort Worth, Texas
APPROVAL RECOM ED BY:
By: .
Chief Joel F. Fitzgerald
Chief of Police
Date: m
APPROVED AS TO FORK AND LEGALITY:
By:
Victoria D. Honey
Assistant City Attorney "
ATTEST:
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City Secretary '� �
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OFFICIAL f MERU
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MOU - FCT Fort Worth Canine Drug Detection Search