HomeMy WebLinkAboutContract 44414 (2)I
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NORTH CENTRAL 7EXA5 MAJOR CASE INVESTIGATIVE TEAM
Memorandum of ILreement
i. Purpose:
The below subscribed law enforcement agencies have joined together in a multi-jurisdictional effort
to concentrate investigative resources in the event of a major crime. This initiative will be named
the North Central Texas Major Case Investigative Team. The purpose of this agreement is to provide
the foundation for the organization, administration, and operation of the North Central Texas Major
Case Investigative Team (MGT).
2. Definitions:
The terms listed in this section shall have the following meanings when used in this agreement:
"Participating Agenc�' means any law enforcement agency that is a party to this agreement.
"Coordinating Agency" means the participating agency designated to maintain the
administrative and financiai records related to the MCIT. Additinnally, the Coordinating Agency
facilitates training and the acquisition of needed equipment for the MCI7.
"Chief Executive" means the highest ranking member of an agency participating in the MCIT.
This wouid include the Tarrant County Criminal District Attorney, Sheriffs of a County, the Chief
of Pollce or Director of Public Safety of a municipality, and the Major of Company B, Texas
Rangers.
"Member or Participant" means any law enforcement officer or support person employed by a
participating agency and designated by the agency's Chief Executive, or his designee, to
participate in the MCIT.
"Requesting Agenty" means a participating agenry who requests the assistance o# the MCIT in
responding to a serious incident in its jurisdiction.
"Response Team" means the MCIT participants designated to respond to a MCIT activation.
"MCIT Coordinator' means the person appointed to carry out the MCIT Board's dire�tives
relating to the oversight, coordination, and support of MCIT operations. The MCIT Coordinator's
duties are gene�ally administrative in nature. The MCIT Coordinator may assume supervision of
operational duties as requested by the Board of Directors.
"MCIT Ineident Commander" means the person designated to manage the operational activities
af a MCIT activation. This person rnay be designated on a case-by-case basis. __
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RECEIVED �•1AY � 1 20i�
"Requesting Agency Liaison" means the person assigned to represent the requesting agency by
that agency's Chief Executive, or his/her designee. This person will work ctosely with the MCIT
Coordinator and Incident Commander to ensure that the Requesting Agency is informed and
involved in every aspect of the MCIT operatian.
3. Authority:
The statutory authority for this mutual aid agreement is contained in Chapter i91 af the Texas
Government Code and Chapter 362 af the Texas Loca) Government Code. Nothi�g within this
agreement is intended to change that authority.
4. Administration:
The North Central Texas Major Case Investigative Team will be administered by a Board af Directors
made up of the Chief Executives of agencies providing personnel to the MCIT. The Tarrant County
Criminal District Attorney's Office will act as the MGT Coordinating Agency.
The makeup of the Board wili be:
r The Tarrant County Criminal District Attorney- Chief ExeGutive of the Coordinating
Agenty
: The Sheriffs of Denton County, Ellis County, Johnson County, Parker County, Tarrant
County and Wise County
:- The Majar of Company B, Texas Rangers
.- Tarrant County Police Chiefs from cities with population over 1Q0,000 (2 members)
� 7arrant County Police Chiefs from cities with population under 100,OOQ and over
20,000 (3 members)
i- Tarrant County Pnlice Chiefs from cities with population under 2p,000 (3 members)
The Board of Directors will meet annually, or as required. Carrespondence concerning the MCIT
should be addressed io:
North Centr�l Texas Major Case investigative Team
Tim Curry Criminal Justice Center
401 West Belknap Street
Fort Worth, Texas 76196-0201
Attn: Board of Directo�s
5. Primary Goal and Statement of Coopetation to be Rendered:
The primary goal and purpose of the MCIT is to provide a pool of spetially trained investigators and
support staff that allows for the concentration of investigative resources beyond the capabilities of
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any individual agency. A large number of trained investigators focusing on a single investigation
allaw participating agency administrators to organize rapid and more comprehensive responses to
events of great concern ta local communities.
To provide for voluntary cooperation, each of the participating agencies hereby approves and enters
into this agreement whereby each of the agencies may request and render law enforcement
assistance to the MCIT participating agencies, in dealing with �iolations occurring in their
jurisdictions.
Each MCIT member agency agrees to dedicate at least one investigator for trai�ing, organizational
and preparedness meeiings, and response to a call for assistance from MCIT staff.
6. Standard Operating Procedures:
The MClT Coardinator shall be responsible for drafting and maintaining written Standard Operating
Procedures �SOP) governing important matters of the MCIT, ta include qualifications, activations,
protocols and notifications. 7he MClT Board of Directars will be responsible for the adoption and
any revisions of the SQP.
7. initial Depiayment:
The depioyment of a response team wili follaw a request from a participating agency's chief
exetutive, or a designated representative, made to the MCIT Coordinator or a member of the MCIT
Baa�d of Directors. The requesting agency will designate an agency liaisan ta work with the MCiT
Incident Commander ta oversee the investigation. The requestin� agency will remain actively
involved in the investi��tian workin� tlosely with the MCIT Coardinator and MCI7 Incident
Commander through the Requesting Agency liaison.
The parties to this agreement stipulate that in the event that a significant investigative or
jurisdictional dispu#e should arise, the issue will immediately be farwarded ta the MCIT Board af
Directors by the req�esting agency chief executive or his/her designee, if the issue cannot 6e
resolved imrnediately by the MCIT Incident Cnmrnander and/or the MCIT Coordinator.
The MCIT Coordinator will be responsible for contacting the members of the response team and
giving them the initial deployment location, after consultation with the designated MCIT Incident
Commander and Requesting Agency liaison.
TNe parties to this agreement stipulate that they will atlow their MCIT participant to respond to the
MCIT deployment for a minimum of five (5j working days or the canclusion of the deptoyment
whichever is less. Should the deployment reyuire a commitment for longer than the five (5) working
days, the MGT Coordinator shall make an extension request to the Board of Directors and the MCIT
Investigator's home agency will be natified of the extension.
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8. Withdrawal from Response:
The Chief Executive, or his/her designee, may discontinue the participation of his/her emplayee in
any activity initiated pursuan# to this agreement.
9. Equipment:
The parties to this agreement stipulate that they will provtde a vehicle for their investigator(s) along
with their regular work and safety equipment assigned to them.
The agency requesting assistance from the MCIT shali provide a suitable piace for the team to meet
and do their work. 7elephone, camputers, and network connections shali be made availabie ta the
team.
All participating agencies agree that equipment purchased wfth funds made available for the specific
use of the MCIT shall be under the care, custody, a�d control of the MCIT Coordinating Agency. If
and when the No�th Central Texas Major Case Investigative 7eam initiative is terminated,
equipment may be subject to equitable sharing to the participating agencies upon written request
and subsequent approval of the MCiT Board of Directors.
1b. Quali�cation oi Office and Oath:
The qualifications of office of participating agencies membe�s shall constitute his or her
qualifications for office within the territorial limits of the requesting agency and no additional oath,
bond, or tompensation shall be required.
11. Right to Reimbursemen4:
Each party to this agreement, when providing servic�s of personnel as a responding member,
expressly waives the right to receive reim6ursement for services performed or equipment utilized
under this agreement even thou�h a request for such reimbursement may be made pursuant to
Chapter 362 of the Texas Local Government Cade.
12. Officer Benefits:
Any member of a participating agency assigned to the assistance of another participating agency
pursuant to ihis agreement shall receive the same wage, salary, pension, and all other
compensation in all other rights of employment in providing such servite, including injury, death
benefits and worker compensation bene�ts as well as any avaiiabie insurance, indemnity or
litigation defense benefits. Said benefits shall be the same as though the member in question had
been rendering service within the territorial limits of the agency where he or she is regularty
employed. All wage and disability payments, including worker compensation benefits, pension
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payments, damage to equipment, medical expenses, travel, food and lodgin$ shatl he paid by the
agency which regulariy employs the member providing service pursuan# to this agreement in the
same manner as though such service had been rendered within the limits of the agency where such
person is regularly employed. Each responding participating agency shall remain responsibie for the
payment of salary and benefits as well as for legal defense of the responding agency`s personnel
when acting pursuant to this agreement.
13. liability:
In the event that any person performing law enforcement services pursuant to this a�reement shaii
be named or cited as a party to any civil claim or lawsuit arising frorn the performance of their
services, said person shall be entitled to the same benefits from their regular employer as they
would be entitied to receive if such similar action ar claim had arisen out of the performance of their
duties as a member of the agency where they a�e regularly employed and within the jurisdiction of
the agency by whom they are regulariy employed. The participating agencies hereby agree and
covenant that each agency shall remain salely responsibie for the legai defense and any legal liability
due ta the actions of an officer or other personnel regularly employed by said agency. Nothing
herein shall be construed to expand ar enlarge the legal liability of a participating agency for any
alleged acts o� omissions of any employee beyond that which might exist in the absence of this
agreement. Nothing herein shall be construed as a waiver of any (ega! defense of any nature
whatsoever to any claim against a participating agency or against an officer or employee of a
participating agency.
14. Waiver of Claims:
Each party to this agreement and its participating members respectively waives all claims against
each and every other party or member for compensation from any {oss, damage, personal injury or
death occurring as a consequence of the pe�-forman�e of this agreement even though such alleged
damage may have or is aUeged to have occurred �s a result of alleged negligent or other tortuous
conduct of any party to this agreement.
15. Immunity Not Waived:
The parties hereto expressly do not waive any immunity or other defenses to any civil claims with
the execution of this a�reement. It is understood and agreed that, by executing this agreement, no
party or member hereta waives, nor shall be deemed hereby to waive, any immuniry or defense
which otherwise is available in ctaims arising which are in cannection with any activity conducted
putsuant to this agreement.
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16. Venue:
Each party to this agreement agrees that if legal action is brought under this agreement, the venue
shall lie in the county in which the defendant member is located, and if located in more than one
county, then it shaH lie in the county in which tf�e principal o�ces of said defendant member are
located. The Parties hereby stipulate and agree that this agreement is to 6e construed and applied
under Texas law.
17. Arrest Authority Outside Primary lurisdiction:
It is exp�essly agreed and understood that a law enfortemeot officer empioyed by a participating
agency who performs activities pursuant to this agreement may make arrests outside the
jurisdiction in which said officer is regularly employed, but within the area covered by this
agreement; provided, however, that the law enforcemeni agency of the requesting jurisdiction
andjor ihe jurisdiction in which the arrest is made shali be notified nf such arrest without
unreasonable delay. The peace officers employed by the parties to this agreement shall have such
investigative or other law enfarcement authoriry in the jurisdictional area encampassed by the
participating agencies, coilectively, to this agreement as is reasonable and praper to accompiish the
purposes for which a request for mutual aid assistance is made pursuant to this agreement.
18. Clauses Severable:
The provisions of this agreement are to be deemed severable such that should any one or more of
the pravisions or terms cdntained in this agreement be, for any reasan, held to be invalid, illegal,
vaid, or unenforceable; such holding shell not affect the vaiidity qf any other provision or term
herein and the agreement shall be construed as if such invalid, unenfarceable, illegaM or void
provision or term did not exist.
19. Media Releases:
The responsibility for media releases rests with the agency whe�e the offense occurred. The
designated Public Infarmation Officer by that jurisdiction shail work closely with the supervisors of
the MCIT and information will not be released to the media without the supervisors from the MCIT
approving the con#ent in regards to iis patential consequences on the successful putcome of the
case. Final authority for all media releases is retained by the requesting agenc�s chief executive.
20. Property and Evidence:
All property and evidence, including currency, sei2ed in connection with siate violations pursuant to
this agreernent will 6e processed and rnaintained 6y the requesting agency or as otherwise agreed.
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21. Equitable Sharing:
Any property seized as a direct or indirect result of a MCIT activation that is considered contraband
subject to forfeiture proceedings pursuant to Chapter 54 of the Texas Code of Criminal Procedure
(CCP) will be handled in accordance with any prior Chapter 59 Forfeiture Agreements entered into
by the Tarrant County Criminal District Attorney and each of the pariicipating agencies. if no such
agreement exists, then the parties ta this agreement agree to handie said property in accordance
with Chapter 59 of the CCP.
22. Procedures for Review and Revision of this Agreement:
Review of this agreement shall be made by the Board of Directors as required. The Board of
Directors shalt meet annually, ar as otherwise needed, to evaluate the results and merits af this
multi jurisdictionai effort. Any revisions or decisions regarding the operation of the MCtT shall be by
a majority of votes cast by the Board of pirectors in attendance at the called meeting.
23. Termination of Agreement;
Any party to this agreement may terminate its participation or rights and abligatians as a party by
providing thirty (30) days written notice ta the Board of Directors at the address listed i� Section 4
of this agreement. Such termination or wiEhdrawa! shall have no effect upon the rights and
obligations of the remaining parties under this agreement.
24. Effective Date:
This agreement becomes effeetive immediately upon execution by #he parties hereto and continues
to remain in effect until terminated pursuant to Section 23 above. This agreement may be
duplicated fo� dissemination to all parties, and such duplicates shall be of the same force and effect
as the originai.
25. Modlfication:
This agreement may be amended or modified by the mutual agreement of the parties hereto in
writing to be attached to and incorporated into this a�reement. This instrument contains the
complete a�reement of the parties hereto and any oral modifications, or written amendments not
incorporated to the agreement, shall be of no farce or effect to atter any term ar condition herein.
26. Execution of Agreement:
This agreement shall �e executed by the duty authorized official of the respective parties pursuant
to approving resolutions of the governing body of the respective units of local government. Copies
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of said approving resolutions shall be attached hereto and made a part hereof. This agreement may
be executed in multiple original copies by the respective Parties.
27. Compliance witfi law:
The Parties shall observe and comply with all applicable Federal, State and Local laws, rules,
ordinances and regulations that affett the provision of services provided herein.
28. Coordinating Agency:
The parties hereby agree that the Tarrant County Criminal District Attorney's Office shall serve as
the Coordinating Agency of this agreement. The Tarrant County Criminai District Attorney's Office
shall maintain on file executed ortginals and any future modifications to this agreement.
Executed and entered into this the . day of r„ ,...,; �; ,�___, 2010 by:
TARRANT GOUNTY �RIMINAL DISTRICT ATTORNEY'S OFFICE
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Jae Shannon Jr. '
T�rant County Criminal District Attorney
7ARRANT COUNTY, TEXAS
i�i
nt County Judge
APPROVED AS TO FORM•:
i T,,�`'r
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Assistant District Atrc��r�y
"0y taw, tAe Otstrict Attorneys Offlce may anty adviie or approve coodacts or legal
dxuments on behaif of its clients R m�y not �dvise ar approve a contnct w legal
document on behelf ot other perties. Our review ot thls dacument was conducted
solely Gom the legr perspeciive of our cGent. Our approval of this document was
oHered sofely for the beneflt o/ our Glent Other perties shoutd not rery on this
appravat, and should seek review and apprwal by thNr own retpectrve aKarneV(s).
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AGREED AND ACCEPTED
CITY OF FORT WORTH
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�s�c�/ . � ate
r es W. Daniels
Assistant City Manager
04: 30. /3
w�� e:�26'l�
Jeffrey . Halstead
Chief of Police
APPROVED
LEGALITY:
AS TO FORM AND
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Date:
Jessica, Sangsvan �
Assis�ant City Attorney
M&C '� _I CZ `l �� 7 � �l (
ATTEST:
Mary I�ayser(�
City Secretary
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MCIT MOA 9
City of Fort Worth & Tarrant County
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M&C Review
CITY COUNCIL AGENDA
COUNCIL ACTION:
Approved on 7/1212011
Page 1 of 1
Official site of the City of Fort Worth, Texas
FORT VL'ORT I f
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DATE: 7/12/2011 REFERENCE NO.: **C-24997 LOG NAME: 35NCT-MCIT
CODE: C TYPE: CONSENT PUBLIC HEARING: NO
SUBJECT: Authorize Execution of an Interlocal Agreement Between the City of Fort Worth, Tarrant
County and Other Various Law Enforcement Agencies to Form the North Central Texas
Major Case Investigative Team to Investigate Violent Crime
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute an interlocal
agreement between the City of Fort Worth, Tarrant County and other various law enforcement
agencies to form the North Central Texas Major Case Investigative Team in order to investigate
violent crime.
DISCUSSION:
The North Texas Major Case Investigative Team (MCIT) is a collaborative effort by law enforcement
agencies in the North Texas Region to address violent crime by combining the skills and resources of
participating agencies' investigative units. Similar to a task force, but more limited in scope, trained
investigators and support staff are brought together, upon request, whenever a violent crime occurs
that fits a very narrow criteria agreed upon by the participating agencies' chief executives. The
MCIT's primary mission is assisting participating agencies in the investigation of homicides with no
known suspect(s) and non-family member child abduction. The Tarrant County Criminal District
Attorney's Office will act as the MCIT Coordinating Agency and will be responsible for maintaining the
administrative files, coordinating training and maintaining any financial records associated with the
MCIT. Each MCIT participating agency agrees to dedicate one or more investigators for training,
organizational and preparedness meetings, and response to a call for assistance from participating
agencies. There is no cost agreement as each agency is responsible for its own costs.
Approval of this Mayor and Council Communication will authorize the City Manager to execute the
Memorandum of Agreement necessary for the City of Fort Worth to participate in the North Texas
Major Case Investigative Team.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that this action will have no material effect on
City funds.
TO Fund/Account/Centers
Submitted for City Manaqer's Office by;
Originatinq Department Head:
Additional Information Contact:
ATTACHMENTS
FROM Fund/Account/Centers
Charles Daniels (6199)
Jeffrey Halstead (4210)
Monique Moore (4221)
http://apps. cfwnet. org/council�acket/rnc_review. asp?ID=153 3 0&councildate=7/12/2011 4/25/2013
DATE:
City
Inter-Office
April 25, 2013
TO: Charles W. Daniels
Assistant City Manager
Mary Kayser
City Secretary
FROM:
Aya Ealy
of Fort Worth
Correspondence
Program Support Division
Fort Worth Police Department
SUBJECT:
MCIT Memorandum of Agreement
On July 12, 2011 City Council passed M&C C-24997 to authorize the execution of an agreement
with Tarrant County to allow the Fort Worth Police Department to participate in the North
Central Texas Major Case Investigative Team (MCIT). The MCIT is a collaborative effort by
law enforcement agencies in the North Texas Region to address violent crime by combining the
skills and resources of participating agencies' investigative units.
It was recently discovered by Tarrant County staff that the signature page of the agreement was
inadvertently attached to the MCIT's Standard Operating Procedures instead of the
Memorandum of Agreement (MOA). Tarrant County has requested that the City reprocess the
MOA for signature.
Please sign and route to next person on list. I can be reached at 4239 if you have any questions.
V L� � `I '�S'"Ij �� Approved
Christy Ro guez Date ❑ Not Approved
Program Support Administrator ❑ Comments Attached
� -zs-�3
Billy Corde 1 Date
Deputy Chief, Operational Command
J frey . H�•tead Date �• �� 3
Chief of A�elice
Sr.
City Attorney
��Q���
f� Approved
❑ Not Approved
❑ Comments Attached
� Approved
❑ Not Approved
❑ Comments Attached
[�/ Approved
❑ Not Approved
❑ Comments Attached