HomeMy WebLinkAboutContract 35524 CITY SECRETARY
%CONTRACT NO.
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United States Marshals Service
Northern District of Texas
Dallas/Fort Worth Divisions
MEMORANDUM OF UNDERSTANDING
April 18, 2007
Page 1 of 14
TABLE OF CONTENTS
GENERAL DEFINITIONS
PURPOSE & MISSION
AUTHORITY
MEMORANDUM OF UNDERSTANDING
ADVISORY GROUP
SPECIAL DEPUTIZATION
TRAINING
FUNDING
OVERTIME FUNDING
STAFFING COMMITMENT
TRAVEL
VEHICLES & EQUIPMENT
FUEL & MAINTENANCE
SEIZURES & FORFEITURES
STATISTICAL REPORTS
MEDICAL
DEADLY FORCE & SHOOTING RESPONSE
LIABILITY
Page 2 of 14 _
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GENERAL DEFINITIONS
DFW FAST: Dallas/Ft .Worth Fugitive Apprehension Strike
Team-A combination of diverse resources from the
U.S. Marshals Service and various federal, state
and local agencies, DFW FAST is dedicated to the
apprehension of violent felony fugitives.
DFW FAST
MANAGEMENT: Supervisors, Lieutenants, Sergeants, Chiefs, etc
from Participating Agency' s.
DOJ: Department of Justice
DUSM (S) : Deputy U. S. Marshal (s)
DFW FAST Case: Fugitive cases accepted by DFW FAST
(State & Federal Warrants)
HIDTA: High Intensity Drug Trafficking Area
ISD: U. S. Marshals Service' s Headquarters
Investigative Services Division
JDIS: Computer program and data base used by the U. S.
Marshals Service that interfaces with Warrant
Information Network (WIN) , NCIC, and NLETS
OCDETF: Organized Crime and Drug Enforcement Task Force
PHSI : Public Housing Safety Initiative
PSN: Project Safe Neighborhood
SDUSM (S) : U. S . Marshals Service supervisor (s) , responsible
for day to day oversight of DFW FAST activities .
STO (S) : Strike Team Officer(s) - Officer(s) or agent (s)
assigned to DFW FAST from a department or agency
other than the U. S . Marshals Service .
USM 7 : USMS bi-weekly Time and Attendance Report
USM 11 : USMS Investigative Report
USM 133 : Use of Force Form
USMS: United States Marshals Service
USMS SRT: USMS Special Response Team
Page 3 of 14
POLICY
Pursuant to the Presidential Threat Protection Act of 2000
(Public L. 106-544 , § 6, December 19, 2000, 114 Stat. 2718, 28
U.S . C. § 566 (e) (1) (B) note) " the Attorney General shall, upon
consultation with appropriate Department of Justice and
Department of the Treasury law enforcement components, establish
permanent Fugitive Apprehension Task Forces consisting of
Federal, State and local law enforcement authorities in
designated areas of the United States, to be directed and
coordinated by the United States Marshals Service, for the
purpose of locating and apprehending fugitives . " The USMS
pursues fugitives through Regional Fugitive Task Forces (RFTF' s)
and through District Fugitive Task Forces (DFTF' s) .
The United States Marshals Service (USMS) Districts are the
focal point for the establishment, implementation, and
management of the District Fugitive Task Forces (DFTF) . In
January 2004 , the United States Marshals Service established the
Dallas - Fort Worth Fugitive Apprehension Strike Team (DFW
FAST) . DFW FAST is the DFTF for the Northern District of Texas .
With respect to the general management and operations of DFW
FAST (DFTF) the participating law enforcement agencies do hereby
agree to the following particulars :
1 . The USMS shall serve as the applicant, recipient and
or proctor of any funding received on behalf of DFW
FAST (DFTF) .
2 . The USMS is the chief administrative component of DFW
FAST (DFTF) and shall assure compliance with program
regulations and applicable federal, state and local
laws with input from participating federal, state and
local agencies .
3 . DFW FAST (DFTF) shall establish an "Advisory Group"
consisting of all chief executive officers or their
designee from member agencies that participate on DFW
FAST (DFTF) . The DFW FAST (DFTF) Advisory Group will
be headed by the United States Marshal or designee .
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PURPOSE & MISSION
DFW FAST (DFTF) was established to assist various state & local
departments in the apprehension of dangerous and or violent
criminals and other high priority cases as designated by
referring agencies . DFW FAST is staffed with agents and officers
representing each participating agency or department. The USMS
is responsible for the oversight of all FAST cases and
operations . DFW FAST is comprised of two offices located as
follows :
* Dallas Office : 1114 Commerce #707
Dallas, Texas 75242
(214) 767-6700
* Ft .Worth Office : 501 W. loth # 211
Ft.Worth, Texas 76102
(817) 978-3161
Each of the above DFW FAST locations will be staffed with a full
time SDUSM.
The Memorandum of Understanding (MOU) and Standard Operational
Procedures outlined are provided as guidance for Agencies &
Departments participating on DFW FAST. The following pages will
ensure that all personnel assigned to the DFW FAST are FULLY
aware of what duties are expected from them regarding duties
while assigned to DFW FAST.
As a general rule, all Strike Team Officers must adhere to
parent agencies Policies and Procedures . Participating members
may not adopt Policies and Procedures from other participating
agencies without prior approval from both parties .
Page 5 of 14
MEMORANDUM OF UNDERSTANDING
ADVISORY GROUP
A. DFW FAST Advisory Group will consist of
representatives from all participating agencies
and departments staffing DFW FAST (Full Time or
Part Time)
B. DFW FAST will conduct two (2) mandatory
Advisory Group meetings each year for all
Participating Agencies .
C. DFW FAST will establish and maintain an e-mail
group of supervisors and other managers from
participating Agencies (DFW FAST MANAGEMENT) .
D. DFW FAST SDUSM' s will notify DFW FAST MANAGEMENT
of DFW FAST activities and operations .
SPECIAL DEPUTATION
A. All STO' s who are subject to a background inquiry
and are sworn law enforcement officers will be
federally deputized while assigned to DFW FAST.
Deputation of these officers will ensure that
they can exercise law enforcement authority
throughout the United States in accordance with
DFW FAST missions .
B . All STO' s will be required to submit all
applicable USMS documentation, forms,
fingerprints, photos, etc. related to the Special
Deputation process within thirty (30) days of
assignment to DFW FAST.
C. STO' s are responsible for ensuring that Special
Deputation Authority is current at all times .
D. STO' s may be granted temporary approval to work
on DFW FAST pending final back ground
investigation approval and security clearance .
E. Special Deputation is ONLY in effect when
conducting DFTF or RFTF business .
Page 6 of 14
TRAINING
A. DFW FAST Orientation training for all DUSM(S) and
STO (S) will be required for all FAST personnel.
Orientation training will include JDIS, Firearms,
Report writing and other FAST related topics as
determined by management (USMS or other) .
Training in systems, legal, electronic
surveillance, electronic interception, etc . may
also be provided.
B. All STO' s are required to attend DFW FAST
training sessions each month. Training sessions
will consist of at least 4 hours of live fire
exercises each month. USMS Firearms Instructor
and Range Officer will be present during all live
fire exercises .
C. DFW FAST SDUSM may approve STO absence for
training sessions.
D. Participating agencies must provide training
Ammunition to all officers/agents assigned to DFW
FAST from their respective departments, if needed
due to dissimilar caliber of USMS weapon systems .
FUNDING
This MOU is not an obligation or commitment of funds, nor a
basis for the transfer of funds . Even where a party has
agreed (or later does agree) to assume a particular
financial responsibility, the party' s or departments
express written approval must be obtained before the
incurring any expense by another party that would become
the financial responsibility of the other party or
department. All obligations of and expenditures by the
parties will be subject to their respective budgetary and
fiscal processes and availability of funds pursuant to all
laws, regulations, and policies that may apply.
The parties acknowledge that there is no intimation,
promise, or guarantee that funds will be available in
future years . The USMS and the participating agency or
department may enter into a separate agreement to reimburse
approved overtime related to DFW FAST missions (See
OVERTIME FUNDING) .
Page 7 of 14
DFW FAST assumes all expenses related to office supplies,
office equipment and printing associated with DFW FAST
missions .
OVERTIME FUNDING
The United States Marshals Service and DFW FAST will seek
overtime funding for participating agencies on a case by
case basis . Grants and Funding requests for specific
Department of Justice initiatives (Project Safe
Neighborhood and Public Housing Safety Initiative) related
to DFW FAST operations will be reviewed and endorsed by the
US Marshals Service prior to submission by the
participating agencies.
1. NON-FEDERALLY REIMBURSABLE OVERTIME
In the event that grant funding or USMS Federally
Reimbursable Overtime is not available, SDUSM (S) will work
with departmental supervisors to obtain authorization for
STO (S) overtime, compensatory time, and/or flexible work
schedules, where federal funding is not available. DFW FAST
can not approved flex, compensatory time or other overtime
without prior approval from parent agency.
2. FEDERALLY REIMBURSABLE OVERTIME
If approved, Overtime funding may be provided by United
States Marshals Service (OCDETF or USMS ISD Funds) .
Overtime funding in this category will be reimbursed at a
flat overtime rate for the specific officer claiming
overtime .
STO (S) receiving overtime that is funded through federal
programs such as HIDTA and OCDETF will comply with all
standards set forth by each respective program. SDUSM will
determine the overtime needs of each case and will
authorize overtime on a prioritized basis, to suit the
overall needs of DFW FAST. Federally reimbursable overtime
will be disseminated as equally as possible, considering
the needs of DFW FAST.
3. PROJECT SAFE NEIGHBORHOOD GRANTS, WEED & SEED, ETC
DFW FAST may sponsor grants and grant applications for
overtime for state and local officers assigned to DFW FAST.
Overtime funded under Project Safe Neighborhood or similar
Page 8 of 14
grants for DFW FAST agencies, will be approved by SDUSM in
conjunction with departmental supervisors. DFW FAST will
remain responsible for all reimbursement requests for
overtime hours for state and local officers receiving the
above described funding.
4 . LEAP HOURS (DUSM(S) AND OTHER FEDERAL AGENTS/OFFICERS)
Many federal agencies provide Law Enforcement Availability
Pay (LEAP) to agents/officers . All personnel receiving
LEAP are expected to work the hours necessary to qualify
for LEAP status .
STAFFING COMMITMENT
In view of the need for security clearances, special
deputation and the continuity of investigations, all
personnel detailed to DFW FAST should be expected to be
detailed for a period of at least two (2) years unless
officer or agent is removed from DFW FAST for just cause.
This MOU imposes no maximum limit as to the time that any
individual may remain a member of DFW FAST. Parent agency
may remove officers prior to the completion of two (2)
years if removal is in the best interest of the parent
agency. All non-USMS members of DFW FAST must adhere to the
same rules and regulations as USMS employees with regard to
conduct and activities while in USMS space, while operating
USMS owned or leased vehicles, and while conducting DFW
FAST business . All STO' s from Federal, State and Local
agencies are responsible for maintaining an appropriate
case load, as directed by DFW FAST SDUSM.
TRAVEL
All DFW FAST related travel of STO' s or non-USMS personnel
requires the approval of the appropriate DFW FAST SDUSM and
the approval of participating agency supervisor prior to
travel. In order to avoid delay in operational travel, the
participating agency will provide general travel authority
to all of its participating employees for the duration of
the each employee ' s assignment on DFW FAST. The USMS will
reimburse STO' s for all approved DFW FAST related travel.
Page 9 of 14
VEHCILES & EQUIPMENT
A. In furtherance of this MOU, employees of
participating agencies may be permitted to drive
USMS owned or leased vehicles for DFW FAST
missions . USMS owned or leased vehicles may only
be used for official DFW FAST business and only
in accordance with USMS Policies and Procedures .
B. To the extent allowed by law, and without waiving
any of their governmental immunity and any
defenses available under Texas law, participating
agency the participating agency agrees to be
financially responsible for any property damage
to a USMS owned or leased vehicle operated by an
employee of the participating agency under the
terms of this MOU, when such property damage is
the result of an incident for which the
participating agency' s DFW FAST STO is at fault .
The participating agency further agrees to be
responsible for any tortious act or omission on
the part of the participating agency and/or its
employees and for any liability resulting from
the use of the USMS owned or leased vehicles
utilized by a participating agency DFW FAST STO,
except where liability is otherwise handled under
the Federal Tort Claims Act (FTCA) .
C. To the extent allowed by law, and without waiving
any of their governmental immunity and any
defenses available under Texas law, any civil
liability arising from the use of an USMS owned
or lease vehicle by a DFW FAST STO while engaged
in any conduct other than his or her official
duties and assignments under this MOU shall be
the responsibility of the participating agency.
The participating agency agrees to hold harmless
the USMS and the United States for any claim for
property damage or personal injury arising from
the use of an USMS owned or leased vehicle by a
participating agency DFW FAST STO which is
outside of the scope of his or her official
duties and assignments under this MOU.
D. For official inventory purposes, all USMS and or
DFW FAST equipment assigned to STO' s must be
produced by each STO upon demand by USMS SDUSM.
Page 10 of 14 L L
7
At the completion of the STO' s assignment on DFW
FAST, or upon the withdrawal or termination of
the participating agency from DFW FAST, all
equipment will be returned to the supplying
agency. STO' s will be financial responsible for
all unreturned USMS property.
FUEL & MAINTENANCE
A. Participating agency' s agree to supply vehicle
fuel and maintenance on vehicles provided by
Participating Agency.
B. USMS agrees to supply vehicle fuel and
maintenance on vehicles provided by the USMS .
C. Participating agencies and USMS can share
expenses described in sections A & B above on a
case by case basis . (Example- USMS supplies
vehicle and covers maintenance, Participating
Agency assumes Fuel Costs . )
SEIZURES & FORFEITURES
Any and all seizures will be considered Federal or Non-
federal seizures . Those seizures deemed Federal will
proceed and be distributed as specified under the
guidelines of the U. S . Department of Justice ' s "Guide to
Equitable Sharing of Federally Forfeited Property for State
and Local Law Enforcement Agencies" . Per Department of
Justice guidelines, a minimum of 20% will be deposited into
the Asset Forfeiture Fund (Federal Share) , the remaining
80% or less will be dispersed to participating agencies .
Those seizures deemed Non-Federal will be forfeited
according to the forfeiture statutes outlined by
participating agencies or departments .
STATISTICAL REPORTS
A. DFW FAST will distribute monthly statistical
reports to all participating Agencies by the
fifth day of the month.
B. DFW FAST will at the request of participating
agencies complete agency specific reports .
Page 11 of 14
C. DFW FAST will complete reports related to DFW
FAST missions that support PSN, PSHI, OCDETF or
HIDTA activities in the North Texas area.
Participating agencies may request copies of the
above reports .
MEDICAL
All DFW FAST members must be medically qualified for
unrestricted duty (perform essential functions of the job)
by their agencies or departments . In the event that a DFW
FAST STO or DUSM develops physical limitations, the STO or
DUSM may be removed from DFW FAST or reassigned to another
division depending on rehabilitation time frame .
DEADLY FORCE & SHOOTING RESPONSE
DFW FAST STO' s must adhere to parent agency or departmental
policy concerning use of deadly force .
In the event that an STO or DUSM assigned to DFW FAST
discharges a firearm not including training or firearms
qualifications, a DFW FAST SDUSM must respond to the scene
immediately. In the event that a STO, DUSM, suspect or
other individual is shot, additional USMS Command Staff
will respond to the scene.
Investigations related to Deadly Force and or shooting
incident will reside with the agency that is responsible
for the jurisdiction and or location in which the incidents
occurred. Responding DFW FAST SDUSM and other participating
agencies are encouraged to assist and coordinate with
investigating agency.
Supervisors of all participating agencies involved in a
deadly force or shooting incident must respond to the scene
in order to provide care for their respective officers and
to assist and coordinate with investigating agency.
Responding supervisors must also assure that their
respective agencies interests are satisfied.
DFW FAST SDUSM will immediately contact STO' s parent agency
and request guidance on specific agency or departmental
procedures and policies related to respective agency or
department .
Page 12 of 14
Due to the vast jurisdictional areas that DFW FAST missions
cover, DFW FAST SDUSM will ensure that all parties that
would have a direct interest are involved in a joint
capacity in the investigation aspects of the shooting
incident.
It is agreed, that jurisdiction will remain with the
location of the incident in which the shooting occurred and
that the USMS and the involved STO' s parent agency or
department will assist and coordinate with investigating
agency.
USMS Policy states that a DUSM involved in a shooting
incident should coordinate with SDUSM and possible seek
medical attention prior to providing any verbal or written
statements to investigating agency.
LIABILITY
To the extent allowed by law, and without waiving any of
their governmental immunity and any defenses available
under Texas law, the participating agency or department
acknowledges that financial and civil liability, if any and
in accordance with applicable law, for the acts and
omissions of each employee detailed to DFW FAST remains
vested with his or her parent (employing) agency. However,
the Department of Justice (DOJ) may, in its discretion,
determine on a case by case basis that an individual should
be afforded legal representation, legal defense, or
indemnification of a civil judgment, pursuant to federal
law and DOJ policy and regulations .
Page 13 of 14
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ENDORSEMENTS
FIRS ORSE E
btv'ig Davidson Date
United States Marshals Service
Assistant Chief Deputy
SEC E RSEME
kdew
om B taman e Date
United States Marshals Service
hief Deputy
APPROVALS
United States Marshals Service
Name : Randy Ely Title : U. S . Marshal
Signature : Date : v L
City of Fort Worth
Name: Joe P niagua Title: Assistant City Manager
Signature : DATE: ov/71;, J7
Name: Ralph Ln d Title: Chief of Police
Signature . DATE:
Ap roved As To Form and Legality
e nn Guzman
Assistant City Attorney
Attest:
") - i2Aq�q�
Cit Secretary
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t r.tr ct Auth izatioa
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Page 14 of 14 ��
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 4/17/2007 - Ordinance No. 17511-04-2007
DATE: Tuesday, April 17, 2007
LOG NAME: 35NTCCSIXCITY REFERENCE NO.: C-22073
SUBJECT:
Authorize Acceptance of a Six City Anti-Gang Initiative Grant from the North Texas Crime
Commission, Approve a Memorandum of Understanding with the U.S. Marshal's Office for the
Dallas/Fort Worth Fugitive Apprehension Strike Team and Adopt Appropriation Ordinance
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager to accept the Six City Anti-Gang Initiative Grant from the North Texas Crime
Commission in the amount of$23,668;
2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Grant Fund by $23,668; subject to receipt of the grant; and
3. Authorize the City Manager to enter into a MOU with the U.S. Marshal's Office to implement the grant.
DISCUSSION:
The scope of work for the Fort Worth Police Department under this grant includes:
1. DFW FAST Officers will investigate and apprehend violent fugitives including gang members and gang
associates;
2. DFW FAST Officers will coordinate with the Fort Worth Gang Unit and Homicide Unit for the referral of
fugitive cases; and
3. DFW FAST Officers will utilize the US Marshal's Service Task Force network to aggressively track and
locate violent fugitives including gang members and gang associates that have fled the Fort Worth area.
The $23,668 grant funds will be used for 724 overtime hours for Fort Worth Police Officers that are a part of
the DFW FAST.
FISCAL INFORMATION/CERTIFICATION:
The Finance 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 Grant Fund.
Logname: 35NTCCSIXCITY Page 1 of 2
TO Fund/Account/Centers FROM Fund/Account/Centers
GR76 451974 035462188000 $23,668.00
GR76 5(VARIOUS) 035462188010 $23,668.00
Submitted for City Manager's Office by: Joe Paniagua (6575)
Originating Department Head: Ralph Mendoza (4211)
Additional Information Contact: Sasha Kane (4243)
Logname: 35NTCCSIXCITY Page 2 of 2