HomeMy WebLinkAboutContract 488122.
3
REC�IVED
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CITY OF FORT WOR7H
CI?Y S�CRETAaY
cinr s�caEr�
MEMORANDUM OF UNDERSTANDING �O��(�`�'�, , � ,�--
between
U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT
HOMELAND SECURITY INVESTIGATIONS
and
City of Fort Worth on behalf of the Fort Worth Police
Department
regarding
THE DESIGNATION OF Fort Worth Police Department EMPLOYEES
AS CUSTOMS OFFICERS (EXCEPTED)
PARTIES. The Parties to this Memorandum of Understanding (MOU) are U.S. Immigration and Customs
Enforcement (ICE) Homeland Security Investigations (HSI) and city of Fort worth on behalf of tne
Fort Worth Police Department
AUTHORITY. Title 19, United States Code (U.S.C.), Section 1401(i); 19 U.S.C. § 1589a. This MOU isalso
authorized underthe provisionsof TeXas Code of Criminal Procedure
PURPOSE. The Parties agree that effective enforcement of the laws relating to HSI jurisdiction requiresclose
cooperation and coordination between the two Parties. The Parties have therefore entered into this MOU togovern
the use of HSI designations by certain employeesof Fort worth Police Department
Pursuant to section 401(i), Tariff Act of 1930, as amended (19 U.S.C. § 1401(i)), the Secretary of Homeland Security
is authorized to designate persons as Customs Officers (Excepted) to perform the duties of a Customs Officer.
Within ICE, this authority has been delegated to the HSI Special Agents in Charge. Pursuant to 19 U.S.C. § 1589a,
customs officers are authorized to enforce the full range of federal offenses. However, in designating Customs
Officers (Excepted), HSI is not conveying the authority to enforce administrative violations of immigration law.
There may be instances when HSI determines that it is desirable for certain sworn law enforcement employees of
Fort worth Police Department to perform certain HSI duties. This MOU sets forth
the agreement and relationship between the Parties with respect to this determination.
4. RESPONSIBILITIES.
The Parties agree as follows:
HSI aqrees to:
a. Designate certain employees of Fort wortn Poiice Department as Customs
Officers (Excepted), without additional compensation, to perform the duties as noted on the"Designation,
Customs Officer (Excepted) — Title 19 Task Force Officer" (ICE Form 73-001). This form is attached and is
hereby made part of this MOU;
c.
Issue a"Designation, Customs Officer (Excepted) —Title 19 Task Force Officer" (ICE Form 73-001) toeach
qualified and designated employee;
Provide appropriate training in laws, policies, and procedures to each designated employee;
ICE Form 73-002 (5/14)
Page 1 of 4
d. Advise the designated Customs Officers (Excepted) about court proceedings concerning seizuresor
arrests made by them in accordance with the authorities granted by HSI contemplated under this MOU;
and
e. Process, under appropriate regulations, any injury claim submitted as a result of injuries occurring to the
designated Customs Officers (Excepted) while such individuals are acting pursuant to this MOU, for
compensation under the Federal Employee Workers Compensation Act (5 U.S.C. § 8101, etseg.).
City of Fort Worth on behalf of Fort Worth Police Dept. agrees:
a. That only sworn law enforcement officersof Fort worth Police Department
who successfully complete the appropriate HSI Task Force Officer cross-designation Training Course and
receive an approved "Designation, Customs Officer (Excepted) — Title 19 Task Force Officer" (ICE Form
73-001) will be designated as Customs Officers (Excepted);
b. That each law enforcement officer will be bound by the Authorities Granted and the Endorsementsand
Restrictions as noted on the "Designation, Customs Officer (Excepted) — Title 19 Task Force Officer" (ICE
Form 73-001);
c. To advise HSI of each court proceeding in which the validity of a Customs Officer(Excepted)'s
enforcement authority becomes an issue, and allow HSI to provide legal memoranda or other assistance
as deemed necessary by HSI;
d. That agency employees designated as Customs Officers (Excepted) will follow HSI directives and
instructions when utilizing enforcement authority conveyed by HSI;
e. To provide to HSI, before designation of each officer and on an ongoing basis, any derogatory information,
or information that may call into question the officer's truthfulness or ability to testify in court; and
To return all HSI-issued equipment and identification when a cross-designated officer terminates
employment or when his or her cross-designation expires.
Both Parties ac r� ee:
a. That any abuse of HSI cross-designation authority may lead to the revocation of such cross-designations
by HSI; and
b. To schedule periodic meetings to review this MOU, as required.
5. REPORTING AND DOCUMENTATION. HSI SAC offices will maintain the original signed "Designation, Customs
Officer (Excepted) — Title 19 Task Force Officer" (ICE Form 73-001). Copies of this form will be held bythe
Contraband Smuggling Unit at HSI Headquarters, the designated Customs Officer (Excepted), and
Fort Worth Police Det�artment .
If applicable, the HSI office will maintain documentation of designated Customs Officers (Excepted) approved to
use HSI vehicles and certification that the designated Customs Officers (Excepted) have completed the ICE Fleet
Card Training in Virtual University and any other fleet related training.
ICE Form 73-002 (5/14) Page 2 of 4
6. POINTS OF CONTACT.
7
8.
9.
10
HSI Office: Dallas
Name: John C. Wells
Title: Assistant Special A.gent in Charge
Address: 125 East John Carpenter Freeway,
Suite 800, Irving, Texas 75062
TelephoneNumber: +l (972) 444-7500
Fax Number: +l ( 972 ) 444-7551
E-mail Address: John. C. Wells@ice . dhs . gov
Fort Worth Police
Name: Linda Stuart
tment:
Title: Captain
Address: 1289 Hemphill St. Suite 251
Fort Worth, TX 76104
TelephoneNumber: +l (817) 392-3642
Fax Number: +l ( 817 ) 392-3680
E-mail Address: Linda. Stuart@fortworthtexas .
OTHER PROVISIONS. This MOU is an internal agreement between the Parties and does not confer any rights, privileges, or
benefits to any other party or the public.
Nothing in this MOU is intended to conflict with current laws, regulations, or policies of either Party. If a term of this MOU is
inconsistent with such authority, that term shall be invalid but the remaining terms and conditions of this MOU shall remain in full
force and effect.
Nothing in this MOU is intended or shall be construed to require the obligation, appropriation, or expenditure of any money from
the U.S. Treasury in violation of the Anti-Deficiency Act, 31 U.S.C. §§ 1341-1519.
The forms and authorities referenced herein may be renamed or replaced by HSI without prejudice to this MOU.
EFFECTIVE DATE. The terms of this MOU will become effective on the date the last Party signs the MOU. The Designation
Form of each Customs Officer (Excepted) is effective per the date on that document.
MODIFICATION. This MOU may be amended by the written concurrence of both Parties.
TERMINATION. This MOU may be terminated by either Party upon a 30-day written notification to the other Party.
APPROVED BY:
Katrina W. Berger
Name of HSI Official
Special Agent in Charge
Title of HSI Official
Homeland Security Investigations
U.S. Immigration and Customs Enforcement
Date
FOR THE C� F FORT WO .
V
Valerie R. Washington
Assistant City Manager
Date: � � ��
ICE Form 73-002 (5/14)
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Joel F. Fitzgerald, Sr., Ph.D.
Chief of Police
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Page 3 of 4
APPROVED AS TO FORM AND L
Denis C. M}�Iroy
Assistant City Attorn
Date: 2 ��/
ATTEST:
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Mary Kays�
City Secret;
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ICE Form 73-002 (5/14) Page 4 of 4
CONTRACT COMPLIANCE MANAGER:
By signing, I acknowledge that I am the person responsible
for the monitoring and administration of this contract,
including ensuring all performance and reporting requirements.
U
Carla Vasquez
Management Analyst II
Title
EXPIRATION DATE:
Expires no later than 2 years from certification date (#10)
HSI Credentiai Number:
Badge Number:
(if applicable)
DEPARTMENT OF HOMELAND SECURITY
U.S. Immigration and Customs Enforcement
DESIGNATION, CUSTOMS OFFICER (EXCEPTED) — TITLE 19 TASK FORCE OFFICER
(Homeland Security Investigations Directive 14-02)
Pursuant to the provisions of 19 U.S.C. § 1401(i) and as delegated, and by agreement with your empioying agency, you are hereby designated a
Customs Officer (Excepted) without additional compensation, hereinafter referred to as a Title 19 Task Force Officer (TFO). This designation, for
the performance of such duties as outlined below, will be in effect while you remain in your present position and Iocation until the expiration date, unless
revoked at an earlier date. In pertorming the duties of a TFO, you will be subject to guidelines, directives, and instructions of the Department of Homeland
Security (DHS), U.S. Immigration and Customs Enforcement (ICE), Homeland Security Investigations (HSI). Arrangements will be made for you to receive
the training necessary to perform your duties as a TFO according to HSI Directive 14-02, "Law Enforcement O�cers Designated to Act as Customs Officers
(Excepted) for Investigative Purposes — Domestic", dated May 7, 2014, or as updated.
Duration of Designation: Designations under this Directive are valid for a period of 2 years from the date the TFO Course was completed. Title 19 TFOs
may be redesignated for an additional 2 years, without additional training, upon the completion of a new Designation Form, ICE Form 73-001 (this form).
Redesignation must be accompiished before the expiration of the original designation. Title 19 TFOs must attend the TFO Course no less than every 4
years to remain designated.
1. TFO's Full Legal Name: 2. Last 4 of Social Security Number: 3. Date of Birth:
4. Parent Agency (Fuli Name — NO ACRONYMS): 4a. Phone Number: 4b. Parent Agency E-mail:
4C. ICE o� DHS E-17t8iI (Required for Full and Part-time TFOs):
Address
Street
5. Parent Agency Position/Rank: 6. Parent Agency Badge Number:
City State Zip Code
7. Parent Agency Supervisor: 7a. Phone: 7b. E-mail:
8. HSI Designated Supervisor: 8a. Phone: 8b. E-mail:
9. HSI Office Assigned: 10. Certification/Recertification Date (Certification expires 2 years from):
(Date of training completion or date recertified by the SAC for an
additional 2 years prior to expiration of first 2 years.)
11. Canceliation/Revoked Date: Cancellation Authorizing Signature (HSI): (Expires 2 years from date above (#10), if no signature present)
12. TFO Status:
� Full-Time: A TFO who is co-located with HSI and is working directly for an HSI first- or second-line supervisor for a minimum of 30 hours per week
and is significantly contributing to investigations. (lCE or DHS e-mail required)
� Part-Time: A TFO who is co-located with HSI and is working directly for an HSI first- or second-line supervisor for a minimum of 8 hours per week and
is significantly contributing to investigations. (!CE or DHS e-mail required)
� On-Call: A TFO who does not meet the standards of either a Part-Time or Full-Time TFO, who is occasionally called upon to assist HSI, including
officers working strictly in a uniformed capacity, who does not report directly to HSI. (ICE or DH3 e-mail recommended,� required to fly armed.)
13. Authorities Granted:
Only the marked duties are authorized for the TFO.
� Carry a firearm, in accordance with federal Iaw, that he or she is authorized and qualified to carry by his or her parent agency while on duty.
� Execute and serve orders, search warrants, arrest warrants, subpoenas, summonses, and other processes issued under the authority of the United
States, in accordance with laws administered and/or enforced by HSI.
�Make arrests without warrant for any offense against the United States committed in his or her presence or for a felony, cognizable under the laws of
the United States, committed outside his or her presence for which su�cient probable cause exists.
� Perform other law enforcement duties which may be authorized under 19 U.S.C. § 1589a.
� Make seizures of property in compliance with the Constitution of the United States and the Customs laws.
� Conduct customs border searches for merchandise being imported into or exported from the United States, and detain such persons or articles
necessary to that end, or as otherwise may be subject to seizure under the laws of the United States.
� Other authorities:
ICE Form 73-001 (6/14) Page 1 of 2
14. Endorsements and Restrictions:
The following marked endorsements and restrictions apply to the TFO:
QX This designation form is INVALID without accompanying HSI identification and employing agency identification.
QX The TFO shall follow the Interim ICE Use of Force Policy, dated July 7, 2004, or as updated or superseded,
QX The TFO is not granted the authority to enforce administrative violations of immigration law.
QX The TFO will present for inventory his or her HSI-issued credentials (and badge, if appiicable) every 6 months or upon request of the HSI supervisor.
� Prior to using the authorities granted by this designation, notification will be made to an HSI supervisor or designee. (This restriction is mandafory for
On-Ca!/ TFOs, and is otherwise discretionary.)
� The TFO is authorized to fly armed while conducting official HSI business. (ICE or DHS e-mail required.)
� The TFO is authorized to operate a government owned vehicle (GO� in accordance with HSI policy.
� Other Endorsements and Restrictions:
*Refer to HSI Directive 14-02, "Law Enforcement Officers Designated to Act as Customs Officers (Excepted) for Investigative Purposes -
Domestic," dated May 7, 2014, or as updated, for a complete explanation of authorities, endorsements, and restrictions.
15. TFO's Acknowledgement: 16. Authorizing O�cer (HSI SAC):
/ have read and understand the authorities granted to me and the
endorsements and restrictions listed a6ove and in the referenced Printed Name
Directive.
Title
X
Task Force Officer's Signature Date Signature Date
PRIVACY ACT STATEMENT
AUTHORITY: information about you, as a Task Force O�cer (TFO) Customs Officer, is collected and maintained pursuant to the provisions of 19 U.S.C. §
1401(i), appropriate re-delegations, and by agreement with your employing agency. Through the Title 19 program, HSI enters into agreements with federal,
state and local law enforcement agencies to delegate to the agencies' Law Enforcement Officers (LEOs) the authority to enforce certain federal laws. As a
result, HSI is authorized to delegate the fuil range of law enforcement duties of a Customs Officer to LEOs in federal, state and local law enforcement
agencies.
PRINCIPAL PURPOSE(S): Your information is collected on this form to acknowledge your selection and designation as a Customs O�cer.
ROUTINE USE(S): Pursuant to the routine uses published in DHS/ALL-023 Department of Homeland Security Personnel Security Management System of
Records (February 23, 2010 75 FR 8088), HSI may share your information with federal, state, local, tribal, foreign, or internationai agencies if the
information is relevant and necessary to HSI's decision to delegate authority or issue a security clearance to you.
DISCLOSURE: The disclosure of information on this form is voluntary; however, failure to provide the information requested will disqualify you from further
participation in the Titie 19 Program.
ICE Form 73-001 (6/14) Page 2 of 2
M&C Review
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Page 1 of 2
Official site of the City of Fort Worth, Texas
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COUNCIL ACTION: Approved on 6/7/2011 - Ordinance No. 19720-06-2011
DATE: 6/7/2011 REFERENCE NO.: **C-24932 LOG NAME: 3510E2011
CODE: C TYPE: CONSENT PUBLIC HEARING: NO
SUBJECT: Authorize Execution of a Memorandum of Understanding with the U.S. Department of
Homeland Security, Immigration and Customs Enforcement for Participation in an Ongoing
Operation/Task Force Against Criminal Organizations, Accept an Amount Up to
$225,000.00 and Adopt Appropriation Ordinance
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager to execute a Memorandum of Understanding with the U.S.
Department of Homeland Security, Immigration and Customs Enforcement for participation in an
ongoing joint operation/task force against criminal organizations and accept an amount up to
$225,000.00; and
2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in
the Grants Fund in the amount of $225,000.00 ($45,000.00 per year for five years).
DISCUSSION:
The Fort Worth Police Department has participated in an ongoing joint operation/task force with the
U.S. Department of Homeland Security, Immigration and Customs Enforcement (ICE) since April
2006. The purpose of the operation/task force is to collaborate on investigations of criminal
organizations in a joint fashion. The Fort Worth Police Department has assigned three officers to joint
investigations and joint operations on an as-needed basis. The City of Fort Worth has been and will
continue to be reimbursed for associated overtime earned by and fringe expenses incurred by officer
(s) assigned as members of the designated joint operations. The maximum annual reimbursement
entitlement for overtime worked on behalf of the joint investigations is set at $15,000.00 per officer,
per year.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that upon approval of the above
recommendations and adoption of the attached appropriation ordinance, funds will be available in the
current operating budget, as appropriated, of the Grants Fund. The Police Department will be
responsible for requesting reimbursements.
TO Fund/Account/Centers
3� GR76 451938 035446527010 $45.000.00
3) GR76 451938 035446527020 $45,000.00
3) GR76 5(VARIOUS) $45,000.00
035446527020
3) GR76 451938 035446527030 $45,000.00
3) GR76 5 $45,000.00
�VARIOUS) 035446527030
3) GR76 451938 035446527040 $45,000.00
FROM Fund/Account/Centers
http://apps.cfwnet.org/council�acket/mc review.asp?ID=15344&councildate=6/7/2011 3/3/2017
M&C Review
3) GR76 5(VARIOUS) $45,000.00
035446527040
3) GR76 451938 035446527050 $45,000.00
3) GR76 5
,�VARIOUS) 035446527050
3) GR76 5
jVARIOUS) 035446527010
$45,000.00
$45,000.00
Submitted for City Manager's Office bv:
Originating Department Head:
Additional Information Contact:
ATTACHMENTS
3510E2011 A011 REVISED.doc
Charies W. Daniels (6199)
Jeffrey W. Halstead (4212)
Monique Moore (4221)
http://apps.cfwnet.org/council�acket/mc review.asp?ID=15344&councildate=6/7/2011
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3/3/2017