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HomeMy WebLinkAboutContract 33102 CITY SECRETARYI—W CONTRACT No. �f f MEMORANDUM OF AGREEMENT COMMERCIAL SMUGGLING SQUAD NORTH TEXAS HIDTA Sponsored by Immigration and Customs Enforcement Dallas,Texas 1. PARTIES. The parties to this Agreement are the Department of Homeland Security(DHS), U.S.Immigration and Customs Enforcement, and the City of Fort Worth, Texas. 2. AUTHORITY. This Agreement is authorized under the provisions of 21 U.S.C. § 1706,the Transportation, Treasury,the Independent Agencies Appropriations Act, 2004, H.R. 2989, and such authorizations and appropriations as the Congress shall approve. 3. PURPOSE. The purpose of this MOA is to describe the mission of the North Texas Commercial Smuggling Squad located at the North Texas HIDTA, sponsored by U.S. Immigration and Customs Enforcement, and to set forth the organizational structure and responsibilities of participating parties. The missions of the Squad shall be as follows— A. To reduce the volume of narcotics and controlled substances smuggled into and distributed within the North Texas HIDTA area of responsibility through aggressive detection, interdiction, enforcement, and prosecution of those individuals and enterprises engaged in such illegal activities,using the parties' shared intelligence network, confidential sources, and other overt and covert means to accomplish the given task. B. To identify, target, and dismantle commercial narcotics smuggling organizations using the criminal justice system and appropriate civil remedies. C. To successfully prosecute the individuals involved in smuggling and illegal organized narcotic distribution enterprises. D. To seize all illegally obtained assets and proceeds associated with the organized smuggling, trafficking and/or distribution of narcotics and controlled substances. 4. RESPONSIBILITIES. A. U.S. Immigration and Customs Enforcement shall appoint a Squad Supervisor, who shall provide supervision for personnel provided pursuant to this agreement. The Squad Supervisor shall coordinate investigative activity with the North Texas HIDTA Regional Intelligence Support Center(RISC) and all other HIDTA Initiatives through the Texas Enforcement Initiative Operations Manger. B. The City of Fort Worth shall provide one Fort Worth Police officer on a full-time basis for a period of at least one year. The officer provided pursuant to this Memorandum shall be an experienced investigator capable of complex investigations involving firearms and narcotics trafficking. This officer will be required to work a 40-hour week schedule and take case assignments. This includes case-related travel,time and attendance, and operational activities. Agency related activities, which require the assigned officer to be absent from HIDTA, are to be coordinated with the Squad Supervisor. 5. ORGANIZATIONAL STRUCTURE. A. The Commercial Smuggling Organization Squad will operate under the authority of the North Texas HIDTA Executive-Board and will comply with all North Texas HIDTA administrative and financial requirements. The North Texas HIDTA Executive-Board shall oversee tasks including,but not limited to,participation in the preparation of an annual Threat Assessment, Initiative proposals, Budget approvals, and Annual reports, preparation of periodic budget and expense reports,preparation of periodic case summaries and statistical accomplishment reports, and other reports except as the parties shall otherwise agree. B. Personnel assigned to the Squad may be deputized as a U.S. Customs Officer under Title 19 United States Code Section 1401(i), and Title 21,United States Code. Personnel may be required to undergo a background investigation for a security clearance, if required by agency regulations or HIDTA policy, as well as training. 6. FUNDING. A. Budget. Subject to availability of annually appropriated funds by the Office of National Drug Control Policy,the HIDTA shall provide funds for the payment of personnel expenses and equipment costs to support the assignment of personnel to this Squad. This support may include full or partial payment for office space, office equipment and supplies, travel funds,purchase of evidence and information from sources, overtime costs, cellular telephones,pagers, gasoline, and other items. Each Squad shall establish a budget for those specific expenses to be covered each year. B. Expenditures. All expenditures by participating members must comply with the financial guidelines of the North Texas HIDTA as established by the Executive Board. C. Overtime Costs. Reimbursement of overtime costs will be at the rate of 1 1/2 times the hourly rate of the state/local officer,up to a maximum annual (calendar) amount established by the Executive Board. The rate for 2004 is based on a 25% of a GS-12, Step 1, $14,389. Overtime must be approved by the Squad Supervisor and is earned for time in excess of a normal 8-hour workday at the North Texas HIDTA. Overtime paid to any state/local officer through OCDTEF funds will be counted towards the above annual maximum, along with HIDTA funds. 7. TARGET SELECTION POLICY. The objective of the North Texas HIDTA is to concentrate on the most significant drug trafficking, smuggling, money laundering, and violent crime organizations, which impact this region. All investigations are pursued with the 2 _ expectation of identifying the most significant targets. Target selection will be consistent with an intelligence-based approach to accomplish this objective. The Squad Supervisor will notify the Executive Board,through the Operations Manager, of all investigations initiated and will make periodic reports as required, of investigative progress and accomplishments. The RISC will assist the Initiatives in target selection and will coordinate the collection and sharing of information among all North Texas HIDTA Initiatives. 8. SHARING OF FORFEITED ASSETS. The parties shall share forfeited assets pursuant to the Addendum to this Memorandum of Agreement, which is attached. 9. POINTS OF CONTACT. ICE: ASAC Nancy Sherman-Kratzer Office of the Special Agent in Charge,Dallas, Texas 125 E. John Carpenter Fwy, Suite 800,Irving, Texas, 75062 972/444-7303 Desk 972/444-7461 Fax Nancy.L.Shennan-Kratzer@dhs.gov FWPD: Captain Rick Reflogal Fort Worth Police Department,Fort Worth, Texas 350 West Belknap, Fort Worth, Texas, 76102 817/378-1503 Desk 817/378-1508 Fax Richard.Reflogal@fortworthgov.org 10. PRESS POLICY. The Squad Supervisor shall follow current Immigration and Customs Enforcement guidelines and clear all press releases through the effected United States Attorney office or the local State District Attorney, as appropriate, for all investigative matters under prosecution. 11. DRUG AND ALCOHOL POLICY. All personnel assigned to the North Texas HIDTA hold positions of trust and public safety; therefore, all North Texas HIDTA personnel are expected to maintain an alcohol and drug free work environment to protect the health and safety of the public and other personnel assigned to the North Texas HIDTA 12. INVALID TERMS. Nothing in this Agreement is intended to conflict with current law or regulation or the directives of the DHS or the City of Fort Worth. If a term of this agreement is inconsistent with such authority, then that term shall be invalid,but the remaining terms and conditions of this agreement shall remain in full force and effect. 13. EFFECTIVE DATE. The terms of this agreement will become effective on the date when the authorized agents of all parties have signed this Memorandum. 14. MODIFICATION. This agreement may be modified upon the mutual written consent of the parties, after 10 days advanced written notice. 15. TERMINATION. This agreement remains in force unless explicitly terminated, in writing,by either party. APPROVED BY: CITY FO WORTH 7 YO4� pla enneth W. Cates, dat-//) Jo P date Special Agent in Charge, Dallas,Texas Assistant City Manager Department of Homeland Security Immigration and Customs Enforcement Approved for Formkqd and Legality k . Mona Neill, date David Yett, City Attorne , by: Director North Texas HIDTA Attestea By. NO M&C REQUIRED Marty Hend City Secretary Attachment: Asset Sharing Addendum to this Memorandum of Agreement (Previously approved by HIDTA Executive Committee)