HomeMy WebLinkAboutContract 50153 CITY SECRETARY
CONTRACT NO.
United States Marshals Service
Violent Offender Task Force—Memorandum of Understanding
PARTIES AND AUTHORITY:
This Memorandum of Understanding(MOU) is entered into by the
The City of Fort Worth acting on behalf of the Fort Worth Police Department
and the United States Marshals Service (USMS)pursuant to 28 U.S.C. § 566(e)(1)(B). As set
forth in the Presidential Threat Protection Act of 2000 and directed by the Attorney General,the
USMS has been granted authority to direct and coordinate permanent USMS Violent Offender
Task Forces consisting of Federal, state, and local law enforcement authorities for the purpose of
locating and apprehending fugitives. The authority of the USMS to investigate fugitivematters
as directed by the Attorney General is set forth in 28 USC § 566.The Director's authority to
direct and supervise all activities of the USMS is set forth in 28 USC § 561(g) and 28 CFR
0.111.The authority of United States Marshals and Deputy U.S. Marshals, "in executing the laws
of the United States within a State . . . [to] exercise the same powers which a sheriff of the State
may exercise in executing the laws thereof' is set forth in 28 USC § 564. Additional authority is
derived from 18 USC § 3053 and Office of Investigative Agency Policies Resolutions 2 &15.
(See also) "Memorandum for Howard M. Shapiro, General Counsel, Federal Bureau of
Investigation" concerning the "Authority to Pursue Non-Federal Fugitives", issued by the U.S.
Department of Justice, Office of Legal Counsel, dated February 21, 1995. (See also)
Memorandum concerning the Authority to Pursue Non-Federal Fugitives, issued by the USMS
Office of General Counsel, dated May, 1, 1995. (See also) 42 U.S.C. § 16941(a)(the Attorney
General shall use the resources of federal law enforcement, including the United States Marshals
Service,to assist jurisdictions in locating and apprehending sex offenders who violate sex
offender registration requirements).
MISSION:
The primary mission of the task force is to investigate and arrest,as part of joint law enforcement
operations,persons who have active state and federal warrants for their arrest. The intent of the
joint effort is to investigate and apprehend local,state and federal fugitives,thereby improving
public safety and reducing violent crime.
Each participating agency agrees to refer cases for investigation by the VOTF(Violent Offender
Task Force). Cases will be adopted by the VOTF at the discretion of the District ChiefDeputy.
Targeted crimes will primarily include violent crimes against persons,weapons offenses,felony
drug offenses, failure to register as a sex offender, and crimes committed by subjects who have a
criminal history involving violent crimes, felony drug offenses, and/or weapons offenses.Upon
receipt of a written request,the VOTF may also assist non-participating law enforcement
agencies in investigating, locating and arresting their fugitives. Task force personnel will be
assigned federal, state,and local fugitive cases for investigation. Investigative teams will consist
of personnel from different agencies whenever possible. Participating agencies retain responsibility
for the cases they refer to the VOTF.
Federal fugitive cases referred to the task force for investigation by any participating agencywill
be entered into the National Crime Information Center(NCIC)by the USMS or originating
a as appropriate. State or local fugitive cases will be entered into NCIC (and other
Q� app state or local I(Vkout systems) as appropriate by the concerned state or local agency.
RECEIVED '
a N JAN 17 2018 Page 1 of 4 OppICIAL RG 1D
C14SEC20
-p r T`-pF FOR?WORTH CITY 36CRINTA_RY
C(C(p�s Y _,RETA,Y Kt1 TX MOU Rev.10/16
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SUPERVISION:
The VOTF will consist of law enforcement and administrative personnel from federal, state,and
local law enforcement agencies.Agency personnel must be approved by the District Chief
Deputy prior to assignment to the VOTF.Agency personnel may be removed at any time at the
discretion of the District Chief Deputy.
Direction and coordination of the VOTF shall be the responsibility of the USMS District
Chief Deputy. Administrative matters which are internal to the participating agencies remain the
responsibility of the respective agencies. Furthermore, each agency retains responsibility forthe
conduct of its personnel.
A Task Force Advisory Committee, consisting of representatives of participating agencies and
USMS district personnel, may be established at the discretion of the District Chief Deputy and
will meet and confer as necessary to review and address issues concerning operational matters
within the VOTF.
PERSONNEL:
In accordance with Homeland Security Presidential Directive 12,personnel assigned to thetask
force are required to undergo background investigations in order to be provided unescorted
access to USMS offices, records, and computer systems. The USMS shall bear the costs
associated with those investigations.Non-USMS law enforcement officers assigned to thetask
force will be deputized as Special Deputy U.S.Marshals.
Task force personnel may be required to travel outside of the jurisdiction to which they are
normally assigned in furtherance of task force operations. State or local task force officers
traveling on official business at the direction of the USMS shall be reimbursed directly bythe
USMS for their travel expenses in accordance with applicable federal laws, rules, and
regulations.
REIMBURSEMENT:
If the Marshals Service receives Asset Forfeiture funding for either 1) overtime incurred
by state and local investigators who provide full time support to USMS VOTF joint law
enforcement task forces; or 2)travel, training, purchase or lease of police vehicles, fuel,
supplies or equipment for state and local investigators in direct support of state and local
investigators,the USMS shall,pending availability of funds,reimburse your organization
for expenses incurred, depending on which category of funding isprovided.
Reimbursement of overtime work shall be consistent with the Fair Labor Standards Act.
Annual overtime for each state or local law enforcement officer is capped at the equivalent of
25%of a GS-1811-12, Step 1,of the general pay scale for the RUS. Reimbursement for all types
of qualified expenses shall be contingent upon availability of funds and the submission of
a proper request for reimbursement which shall be submitted quarterly on a fiscal year basis, and
which provides the names of the investigators who incurred overtime for the VOTF during the
quarter; the number of overtime hours incurred, the hourly regular and overtime rates in effect
for each investigator, and the total quarterly cost.
Page 2 of 4
TF MOU Rev.10/16
The request for reimbursement must be submitted to the District Chief Deputy, who will review
the request for reimbursement, stamp and sign indicating that services were received and that the
request for reimbursement is approved for payment. Supporting documentation must accompany
requests for reimbursement for equipment, supplies,training, fuel,and vehicle leases.
VEHICLES AND EQUIPMENT:
Notwithstanding the above,pending the availability of asset forfeiture funding and approval by
the USMS in advance of any purchase,the USMS may acquire vehicles and equipment
purchased in support of full time state and local investigators assigned to the VOTF involved in
joint law enforcement operations. Such vehicle and equipment purchases are to be titled to the
state or local law enforcement agency and must comply with requirements prescribed by the
USMS pursuant to this MOU and applicable policies of the United States Department of Justice.
Vehicles and equipment provided to state and local law enforcement agencies with asset
forfeiture monies provided by the USMS must remain available for exclusive use of the task
force officers assigned to the VOTF by the undersigned participant agency for the duration of the
task force. Upon termination of the agreement, usage and disposition of such vehicles are atthe
discretion of the undersigned state or local law enforcement agency.
Pending the availability of funds and equipment,the USMS will issue USMS radios,telephones,
and other communication devices to each task force officer to be used for official VOTF
business.All equipment used by or assigned to task force officers by the USMS or an agency
will remain the property of the agency issuing the equipment and will be returned to thatagency
upon termination of the task force, or upon agency request.
RECORDS AND REPORTS:
Original reports of investigation, evidence,and other investigative materials generated, seized,or
collected by the VOTF shall be retained by the agency in the VOTF responsible for the case.
However, evidence may be turned over to other law enforcement agencies as appropriate. Copies
of investigative reports and other materials may be provided to other agencies in accordance with
applicable laws, rules, and regulations. Task force statistics will be maintained in the USMS
Justice Detainee Information System (JDIS) - Warrant Information Network(WIN).Statistics
will be made available to any participating agency upon request.
INFORMANTS:
Pending the availability of funds,the USMS may provide funding for the payment of informants.
However, all payments of informants utilizing USMS funding shall comply with USMS policy.
USE OF FORCE:
All members of the VOTF will comply with their agencies' guidelines concerning the use of
firearms,deadly force, and less-than-lethal devices,to include completing all necessary training
and certification requirements. All members of the VOTF and their parent agencies will read and
adhere to the DOJ Policy Statement on the Use Of Less-Than-Lethal Devices, dated May 16,
2011. Copies of all applicable firearms, deadly force, and less-than-lethal policies shall be
provided to the District Chief Deputy and each concerned task force officer. In the event of a
shooting involving task force personnel,the incident will be investigated by the appropriate
agency(s).
Page 3 of 4
TF MOU Rev.10/16
NEWS MEDIA
Media inquiries will be referred to the District Chief Deputy. A press release may be issued and
press conference held, upon agreement and through coordination with participant agencies'
representatives. All press releases will exclusively make reference to the taskforce.
RELEASE OF LIABILITY:
Each agency shall be responsible for the acts or omissions of its employees.Participating
agencies or their employees shall not be considered as the agents of any other participating
agency.Nothing herein waives or limits sovereign immunity under federal or state statutory or
constitutional law.
EFFECTIVE DATE AND TERMINATION:
This MOU is in effect once signed by a law enforcement participant agency. Participating
agencies may withdraw their participation after providing 30 days advanced written notice to the
District Chief Deputy U.S. Marshal.
District: Northern District of Texas (N/TX)
United States Marshal:
"' Mng
Richard E. Taylor, Jr. RICHARD TAYLOR �_,. ,� 7/3/17
:zn.m.ro,a.,:s,aroe
Print Name Signature Date
Participant Agency:
Name: City of Fort Worth acting on behalf Fort Worth Police Department
Location(City&State): Fort Worth, TX M&C 8 11-7
Phone: 129&
Participant Agency Representative:
Valerie Washington,Asst City Mgr !,t
Print Name&Title Signa Date '
7�
Joel F.Fitzgerald,Chief of Police
Print Name&Title aignaauu Date
APPROVED AS TO FORM AND LEGALITY
Denis C.McElroy,Asst City Attorney Q R
Print Name&Title Signature Date
ATTEST:
Mary J.Kayser,City Secretary
Print Name&TitleSignature * Date
V*
Assistant Director,Investigative Operations Division .....,
a u-�-
Print Name Signature Date
Page 4 of 4
TF MOU Rev.10/16
U"'; „P,,. ,le Joint Law Enforcement Operations Task Force
United States Marshals Service Obligation Document
INSTRUCTIONS:See last page for detailed instructions.
SECTION 1:OBLIGATION
DOCUMENT CONTROL#: M-17-D77-O-
SECTION 2:PARTICIPATING AGENCIES
Notification to state and local agencies of funding provided in support of Joint Law Enforcement Operations,pursuant to the
Memorandum of Understanding(MOU)between:
Fort Worth Police Department
and
Northern District of Texas(77)
All other terms and conditions of the MOU remain the same.
SECTION 3: PERIOD OF PERFORMANCE
October 19,2016 to September 30,2017
SECTION 4:APPROPRIATION DATA
FISCAL YEAR ORGANIZATION FUND PROJECT SOC/PURPOSE DOLLAR AMOUNT
2017 AFF-B-OP I JLEOTFS4 125302-TFO Overtime 1 $91,203.00
Total Obligation Amount: $91,203.00
SECTION 5: DESCRIPTION OF OBLIGATION
SECTION 6:CONTACT INFORMATION
DISTRICT/RFTF CONTACT: STATE/LOCAL CONTACT:
Name: Trent Touchstone Name: _j Acl. .mo�t� �a t.9trc�.11exAS. �d/
Phone: 214-770-3512 Phone:
E-mail: trent.touchstonc@usdoj.gov E-mail: Lr. A4L on.�aC� Zj
SECTION 7:AUTHORIZATION
USMS Representative-Certification of Funds:
Signature: JOHN ARAGON Date: 11/21/2016
John Aragon,Administrative Officer
Chief Deputyor RFTF Commander-Obligation Approval:
Signature: TRENT TOUCHSTONEDate: 11/21/2016
Trent A Touchstone,CDUSM(A)
Reimbursement of overtime work shall be consistent with the Fair Labor Standards Act.Annual overtime for each state or local law enforcement
officer is capped at the equivalent of 25%ofa GS-1811-12,Step 1,of the general pay scale for the RUS.Reimbursement for all types of qualified
expenses shall be contingent upon availability of funds and the submission ofa proper request for reimbursement which shall be submitted monthly
or quarterly on a fiscal year basis,and which provides the names of the investigators who incurred overtime for the Task Force during the quarter,-
the
uarter,the number of overtime hours incurred,the hourly regular and overtime rales in effect for each investigator.
Departmental Rep r sentative-Acknowledgement: �f
Signature: Date: arw-4
J,D.Moore,Lieutenan Fort Worth Police Department Violent Crimes Sec
Form USM-607
Page 1 of 2 Rev.06116
U.S.Department of Justice Joint Law Enforcement Operations Task Force
United States Marshals Service Modification Document
INSTRUCTIONS: See last page for detailed instructions.
SECTION 1:OBLIGATION
DOCUMENT CONTROL#: M-17-D77-0-000094
SECTION 2:PARTICIPATING AGENCIES
The United States Marshals Service will modify funding provided pursuant to the
Memorandum of Understanding(MOU)in place between:
Fort Worth Police Department
and
Northern District of Texas(77)
All other terms and conditions of the MOU remain the same.
SECTION 3:APPROPRIATION DATA
FISCAL YEAR ORGANIZATION FUND PROJECT SOC/PURPOSE
FY17 AFF-B-OP JLEOTFS4 125302-TFO Overtime
Current Funded Amount: $91,203.00
Adjusted Amount: $8,500.00
Revised Amount: $99,703.00
SECTION 4:DESCRIPTION OF MODIFICATION
The adjusted amount reflects the increase amount for Fort Worth PD for FYI 7.
SECTION 5:CONTACT INFORMATION
DISTRICT/RFTF CONTACT: STATE/LOCAL CONTACT:
Name: Trent Touchstone Name: C,, v, vv%,ao rP__
Phone: 214-770-3512 Phone: a'rl- -X9.1'_— '(130
E-mail: trent.touchstone(ausdoj.gov E-mail: �`rAcV. nn core- rkwa�ll.'��t�t. 4nU
SECTION 6:AUTHORIZATION
USMS Representative-Certification of Funds:
Signature: JOHN ARAGON Date: 02/27/2017
John Aragon,AO
Chief Deputy or RFTF Commander-Obligation Approval:
Signature: TRENT TOUCHSTONE =� ^— •--•---••--� -----�--- Date: 3/2/2017
Trent Touchstone,CDUSM(A)
Reimbursement ofovertime work shall be consistent with the Fair Labor Standards Act.Annual overtime for each state or local law enforcement
officer is capped at the equivalent of 25%of a GS-1811-12.Step 1,of the general pay scale for the RUS.Reimbursement for all types of qualified
expenses shall be contingent upon availability offunds and the submission ofa proper request for reimbursement which shall be submitted monthly
or quarterly on a flscal year basis,and which provides the names of the investigators who incurred overtime for the Task Force during the quarter;
the number of overtime hours incurred,the hourly regular and overtime rates in effect for each investigator.
Departmental Re
pres tative-Acknowledgemen
Signature: e Date:
[Type Name and Title]
Form USM-607A
Page 1 of 2 Rev.06/16
M&C Review Page 1 of 2
Official
WORT
CITY COUNCIL AGENDA FART .
COUNCIL ACTION: Approved on 8/1/2017 -Ordinance No. 22803-08-2017
DATE: 8/1/2017 REFERENCE **C-28300 LOG NAME: 35FY2017USMSMODDOC
NO.:
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Adopt Ordinance Increasing Appropriations in the Grants Fund in the Amount of
$24,000.00 for Additional Reimbursable Funds for the Police Department's Participation in
the United States Marshals Service Violent Offender Task Force for Fiscal Year 2017 (ALL
COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council:
1. Adopt the attached ordinance increasing estimated receipts and appropriations in the Grants
Fund in the amount of$24,000.00, subject to receipt of funds, for the purpose of receiving
additional reimbursable funds for the Police Department Fugitive Unit's participation in the
United States Marshal Service Violent Offender Task Force.
DISCUSSION:
The purpose of this Mayor and Council Communication (M&C) is to appropriate additional
reimbursable funds that the City has been awarded for the Police Department Fugitive Unit's
participation in the United States Marshals Service (USMS) Violent Offender Task Force (Task Force
or VOTF).
The Fugitive Unit has participated in this USMS Task Force for many years (M&Cs C-24625,
C-02556, C-27111, C-28175 and City Secretary Contract Nos. 41389 and 47968). The program
operates pursuant to the Presidential Threat Protection Act of 2000 (Public L. 106544; 28 U.S.C.
§566 note), which provides for the establishment of permanent Fugitive Apprehension Task Forces
consisting of Federal, State and local law enforcement authorities in designated regions of the United
States, to be directed and coordinated by the United States Marshals Service, for the purpose of
locating and apprehending fugitives.
The City receives asset forfeiture funds from the USMS to reimburse a portion of the City's
expenditures associated with participation in the Task Force. Reimbursement is limited to overtime
expenses related to the VOTF. The City of Fort Worth is responsible for officer salaries and
associated fringe benefits.
Indirect expenses are not eligible for reimbursement.
On April 11, 2017, the City Council approved M&C C-28175, which authorized continuation of the
Memorandum of Understanding (MOU) for Fiscal Year 2017, with an appropriation of$99,703.00 to
account for expenses reimbursed during the Fiscal Year. On June 2, 2017, the Police Department
received a modification document from the USMS to increase this year's funding by
$24,000.00. Adoption of the attached appropriation ordinance will provide capacity to account for the
expenses to be reimbursed from the additional funds.
This contract will be with a governmental entity, state agency or public institution of higher
education: United States Marshals Service.
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=24808&councildate=8/l/2017 1/18/2018
M&C Review Page 2 of 2
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendation, receipt of funding
and adoption of the attached appropriation ordinance, funds will be available in the current operating
budget, as appropriated, of the Grants Operating Federal Fund.
TO
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year (Chartfield 2)
FROM
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year Chartfield 2
Submitted for City Manager's Office by: Valerie R. Washington (6192)
Originating Department Head: Joel F. Fitzgerald (4140)
Additional Information Contact: Carla L. Vasquez (2639)
ATTACHMENTS
Additional Funding May 2017.pdf
USMS FY17 Modification AO.docx
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=24808&councildate=8/l/2017 1/18/2018