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HomeMy WebLinkAboutContract 55689CSC No. 55689 MEMORANDUM OF UNDERSTANDING BETWEEN THE BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES AND THE CITY OF FORT WORTH This Memorandum of Understanding ("MOU") is entered into by and between the Bureau of Alcohol, Tobacco, Firearms and Explosives ("ATF'') and the City of Fort Worth ("City") as it relates to the ATF Task Force (herein referred to as the ''Task Force"). AUTHORITIES The authority to investigate and enforce offenses under provisions of this MOU are found at 28 U.S.C. § 599A, 28 C.F.R. §§ 0.130, 0.131, and 18 U.S.C. § 3051. PURPOSE The Task Force will perform the activities and duties described below: a.Investigate firearms trafficking b.Investigate firearms related violent crime c.Investigate firearms possession as it relates to violent crime d.Gather and report intelligence data relating to trafficking in firearms e.Conduct undercover operations where appropriate and engage in other traditionalmethods of investigation in order that the Task Force's activities will result in effective prosecution before the courts of the United States and the State of Texas. MEASUREMENT OF SUCCESS The success of this initiative will be measured by the participating agencies• willingness to share certain information, (i.e. crime statistics) for the purpose of measuring the success of the Task Force as well as its performance. Core Functions: A.Firearms Criminal Possession and UseB.Criminal Groups and Gangs C.Illegal Firearms Trafficking ATF JLEO Task Force MOU -March 2021, v2 Page 1 Performance Gaal Statement: A. Reduce the risk to public safety caused by criminal possession and use of firearms B. Reduce the risk to public safety caused by criminal organizations and gangs G Reduce the risk to public safety caused by illegal firearms trafficking Strategic Objecrives: A. Interdict and prevent the criminal use of %rearms B. Identify, disrupt and dismantle violent gangs and criminal arganizatians emphasizing the use af state and local intelligence ta identify the worst of the worst offenders C. Interdict and prevent illegal firearms trafficking D. Share technotogy such as NIBIN and E Trace E. Share intelligence with state and local law enforcement PHYSICAL LQCATION Officersltroopers/agents assigned to this Task Force by their employer shall be referred to as task force officers (TFOs). TFOs will be assigned to the ATF Fort Worth Field Office and will be lacated at the Fart Worth Fieid Office. SUPERVYSION AND CONTROL The day-to-day supervision and administrative cantral of TFOs will be the mutual respansibility af ihe garticipants, with the ATF Sgecial Agent in Charge ar hisiher designee having operational cantral over all aperations related to this Task Force. Each TFQ shall remain subject to their respective agencies' palicies, and shall report ta their respective agencies regarding matters unrelated to this agreemenVtask force. With regazd to matters related ta the Task Force, TF�s will be subject to Federal law and Department of Justice {DOJ) and ATF orders, regulations and policy, including those related to standards of canduct, sexual hazassment, equal opportunity issues and Federal disclosure laws. Failure to comply with this paragraph could result in a TFO's dismissal from the Task Force. PERSONNEL, RESOURCES AIYD SUPERVISION To accompiish the objectives ofthe Task Force, ATF will assign ane (1} Special Agent to the Task Force. ATF will also, subject to the availability of funds, pravide necessary funds and equipment to support the activities of the ATF Special Agents and officers assigneci ta the Task Force. This support may include: office space, office supplies, travel funds, funds for ihe purchase af evidence and information, invesrigative equipment, training, and other sugpart items. Each participating agency agrees to make available to their assigned task members any equipment ordinarily assigned for use by that agency. In the event ATF` suppiies equipment ATF JLEO Task Force MdU - March 2421, v2 � Page 2 {which may include vehictes, weapons ar radios), TFOs must abide by any applicable ATF property arders or policy, and may be required to enter into a separate agreement for their use. To accomplish the objectives af the Task Force, the City agrees to detail {one) 1 fulltime TFO andtor one (1) part time TFO ta the Task Force for a period of nat less than two {2) years. All TFOs shall qualify with their respective firearms by complying with ATF's Firearms and Weapons Policy. SECURITY CLEARANCES AII TFOs will undergo a security clearance and backgrouttd investigation, and ATF shall bear the cos#s associated with those investigations. TFOs must not be the subject of any angoing investigation by their deparirnent ar any other law enfarcement agency, and past behavior or punishment, disciptinary, punitive or otherwise, may disqualify one from eligibility to join the Task Force. ATF has finat authority as to the suitability of TFOs for inclusion on the Task Force. DEPUTATIONS ATF, as the sponsoring Federal law enforcement agency, may request at its sole discretion that the participating agency's TFOs be deputized by the U.S. Marshals Service to extend their jurisdiction, to include applying far and executing Federal search and arrest warrants, and requesting and executing Federa! grand jury subpoenas for recards and evidence involving violations af Federai laws. Such requests will be made on an individual basis as determined by ATF. A TFO will not be granted DOJ legal representation if named as a defendant in a private-capacity lawsuit alleging constitutional violations unless all deputation paperwark has been completed prior to the event{s) at issue in the lawsuit. The garticipating agencies agree that any Federal authority that may be confened by a deputation is limited to activities supervised by ATF and will terminate when this MOU is terminated or when the deputized TFOs leave the Task Farce, or at the discretion of ATF. ASSIGNMENTS, REPORTS AND INFQRMATION SHARiNG An ATF supervisor ar designee will be empowered with designated oversight for investigative and personnel matters related ta the Task Force and will be responsibie far apening, monitoring, directing and closing Task Force investigatians in accordance with ATF policy and the applicable United States Attorney General's Guidelines. Assignments will be based on, but not limited to, experience, training and performance, in addition to the discretion af the ATF supervisor. ATF jLEO Task Force MOU - March 2021, v2 Page 3 All investigative reports will be prepared utilizing ATF's investigative case management system, {N-Force) utilizing ATF case report numbers. The participating agency will share investigative reports, findings, intelligence, eta, in furtherance of the mission of this agreement, to the fullest extent allowed by law. For the purposes of uniformity, there will be no duplication of reports, but rather a single report prepared by a designated individual which can be duplicated as necessary. Every effort should be made to document investigative activity on ATF Reports of Investigation {RQI}, unless otherwise agreed to by ATF and the participating agency. This section does not preclude the necessity of individual TFOs to complete forms required by their employing agency. Information will be freely shared amang the TFOs and ATF personnel with the understanding Ehat all investigative information will be kept strictly confidential and will only be used in furtherance of criminal investigations. No infarmation gathered during the course of the Task Force, ta include informal communications between TFQs and ATF persannel, may be disseminated to any third party, non-task force member by any task force member without the express permissian af the ATF Special Agent in Charge or hisiher designee. Any public requests for access to the recards or any disclosures of information abtained by task farce members during Task Force investigations will be handled in accordance with applicable statutes, regulations, and policies pursuant to the Freedam of Information Act and the Privacy Act and ather agplicable federal andlar state statutes and regulations. INVESTIGATIVE METHQDS The parties agree to utilize Federal standards pertaining to evidence handling and electronic surveillance activities to the greatest extent possible. However, in situations where state ar local laws are more restricrive than compazable Federal law, investigative methods employed by state and local law enforcement agencies shali conform ta those requirements, pending a decision as to a venue for prosecution. The use af other investigative methods (search warrants, interceptions of oral communicatians, etc.) and regorting procedures in connection therewith will be consistent with the policy and procedures of ATF. All Task Force operations will be conducted and reviewed in accordance with applicable ATF and DOJ policy and guidelin�s. None of the parties to this MQU will knowingly seek investigatians under this MOU that would cause a conflict with any ongoing investigation of an agency not party to this MQU. It is incumbent upon each participating agency ta notify its personnel regazding the Task �orce's areas of concern and jurisdictian. A111aw enforcement actions will be coordinated and caoperatively carried out by all parties to this M�U. INFURMANTS ATF guidelines and policy regarding the ogeration of informants and coaperating witnesses will apply to ail informants and cooperating witnesses directed by TFOs. ATF JLEO Task Force MOU - March 20Z1, v2 ��� i� Page 4 Infarmants developed by TFOs may be registered as informants of their respective agencies for administrative purposes and handling. T'he policies and procedures of the participating agency with regazd to handling informants will apply to all informants that the participating agency registers. In addirion, it wi11 be incumbent upon the registering participating agency to maintain a file with respect to the perfarmance of all infarmants or witnesses it registers. All information obtained from an infarmant and retevarit to matters within the jurisdicrion of this MOU will be shared with all parties to this MOU. 'The registering agency will pay all reasonable and necessary informant expenses far each informant that a participating agency registers. DECUNFLICTION Each participating agency agrees that the deconflictian process requires the sharing of certain operational informarian with the Task Force, which, if disclosed to unauthorized persons, could endanger law enforcement personnel and the public. As a result of this cancern, each participating agency agrees to adopt security measures set forth hexein: a. Each particigating agency will assign primary and secondary points of contact. b. Each particigating agency agrees to keep its points af contact list updated. The points of contact for this Task Force are: ATF: Resident Agent in Charge Blake Gordon City of Fart Warth: Lieutenant Anriane Williams, Fort Warth Potice Department EVIDENCE Evidence will be maintained by the lead agency having jurisdiction in the court system intended far prosecution. Evidence genera�ed from investigations initiated by a TFO or ATF special agent intended for Federal prosecution will be placed in the ATF designated vault, using the praeedures found in ATF orders. All firearms seized by a TFO must be submitted for a National Integrated Ballistic Information Network {NIBIl� exarnination. Once all analyses are completed, all firearms seized under Federal law shall be placed into the ATF designated vault far proper storage. All firearms informatiot�Idescriprians taken into ATF custody must be submitted to ATF's Narional Tracing Center. JURISDICTIONIPRQSECUTIQNS Cases will be reviewed by the AT�' Special Agent in Charge ar hisllier designee in consultation with the participating agency and the United States Attomey's Office and appropriate State Attomey's offices, to determine whether cases will be referred for prasecution to the U.S. Attarney's Office or to the relevant State Attarney's offtce. This deternaination will be based ATF JLEO Task Farce MOU - March 2021, v2 Page 5 upon which level of prosecutian will best serve the interests of justice and the greatest overall benefit to the public. Any question that arises pertaining to prosecution will be resolved through discussion among the investigative agencies and prasecuting entities having an interest in the matter. In the event that a state or local matter is developed that is outside the jurisdiction of ATF or i� is decided that a case will be prosecuted on the state or local Ievel, ATF will provide all reievant information to state and lacal authorities, subject to Federal law. Whether to continue investigation of state and iocal crimes is at the sole discretion of the state or lacal participating agency. USE QF FQRCE All fulltime TFOs will comply with ATF and DOJ Use of Forc� orders and policies. TFOs must be Griefed on ATF's and DOJ's Use of Force policy by an ATF official, and will be provided with a copy of such policy. BODY WURN CAMERAS AND TASK FORCE OFFICERS In accardance with DOJ policy, dated October 29, ZU20, Bady Wom Cameras (BWCs} may be wom by TF�s operating an a Federal Task Force when their parent agency mandates their use by personnel assigned to the task farce. In such cases, the pazent agency must farmally request to participate in the TFO BWC program and, upon agproval, shali comply with all DQJ and ATF policies, and the required procedures, documentatian, and reparting while participating on the task farce. MEDIA Media relations will be handled by ATF and the U.S. Attorney's Office public information afficers in coordination with each participating agency. Information for press releases will be reviewed and mutually agreed upon by all participating agencies, who will take part in press canferences. Assigned personnel will be informed not ta give statements to the media conceming any ongoing investigatian or prosecution under this MOU withaut the concurrence of the other participants and, when appropriate, the relevant prasecutor's office. All personnel fram the participating agencies shall strictly adhere to the requirements of Title 26, United States Code, § 6143. Disclosure of talc return infarmation and tax information acyuired dwring the course of investigations involving National Firearms Act {NFA) firearms as defined in 26 U.S.C., Chapter 53 shall not be made except as provided by law. SALARYIUYERTIME COMPENSATION During the periad of the MOU, participating agencies will provide for the salary and emplayment benefits of their respective employees. Ail pacticipating agencies will retain control over their employees' work hours, including th� appraval of overtime. ---�--- --.— ,� _ _ - - ATF JLEO Task Force MOU - March 2Q21, v2 Page 6 ATF inay have funds available to reimburse overtime to the State and I.ocal TFQ's agency, subject to the guidelines of the DQJ Asset Farfeiture Fund. This funding would be available under the terms of a memorandum af agreement {MQA) established pursuant to the provisions of 28 U.S.C. sectian 524. The pazricipating agency agrees to abide by the applicable Federal law and policy with regard to the payment of avertime from the DQJ Asset Forfeiture Fund. The participating agency must be recognized under State law as a law enforcement agency and their officersl troopers/inv�srigatars as sworn law enforcement officers. If required or requested, the participating agency shall be respansible for demanstra#ing ta the DOI that its personnel are law enforcement officers for the purpose of overtime payment fram the DOJ Asset Forfeihue Fund. T6is MOU is not a fundin� document. In accordance with these provisions aad any M�A on asset farfeiture, the AT'F Special Agent in Charge or designee shall be responsible for certifying reimbursement requests far overtime expenses incurred as a result of this agreement. AUDIT INFORMATION Operations under this M4U are subject to audit by ATF, the DOJ's 4ffice of the Inspector General, the Gevernment Accauntability Office, and other Govemment-designated auditors. Participating agencies agree to permit such audits and to maintain all recards relating to DOJ Asset Forfeiture Fund payments far expenses either inc�r.red during the course of this Task Force or for a period of not less than three (3) years and, if an audit is being conducted, until such time that tUe audit is officially completed, whichever is greater. FORFEITURES/SEiZURES All assets seized for administrative forfeiture will be seized and farfeited in compliance with the rules and regulations set forth by the DQJ Asset Forfeiture guidelines. When the size or comgasition of the item(s) seized make it impossibl� for ATF to store it, any af the pazticiparing agencies having the storage facilities to handte the seized property agree #o store the property at no charge and to maintain the property in the same condirion as when it was first taken into custody. The agency storing said seized property agraes not to dispose af the praperty until autharized to do sa by ATF. The MOU provides that proceeds from forfeitures will be shared, with sharing percen#ages based upon the DOJ Asset Forfeiture palicies on equitable sharing of assets, such as detercnining the level of involvement by each participating agency. Task Farce assets seized through administrative forfeiture will be distributed in equitable amounts based upan the number of full- time persons committed by each participating agency. Shouid it become impossible to separate the asse�s into equal shares, it will be the responsibility of all the participating agencies to come to an equitable decisian. If this pracess fails and an impasse results, ATF will become the final arbitrator af the distributiv� shares for the participating agencies. ATF JLEO Task Force MOU - March 2421, v2 Page 7 DISPUTE RESOLUTION In cases of averlapping jurisdiction, the participating agencies agree to work in concert to achieve the Task Force's goals and objectives. 'I'he parties to this MQU agree to attempt to resolve any disputes regarding jurisdiction, case assignments and workload at the lawest level possible. LIABILITY ATF aclrnowledges that the United States is liable for the wrongfui or negligent acts ar omissians of its officers and employees, including TFOs, while on duty and acting within the scope of their federal employment, to the extent permitted by the Federal Tort Claims Act. Claims against the United States for injury or loss of property, persanal injury, or death arising or resulting from the negligent or wrongful act ar omission af any Federal employee while acting within the scope af his or her office or employment are governed by the Federal Tort Claims Act, 28 U.S.C. sections 1346{b}, 2672-2b80 (unless the claim arises from a violation of the Constitution of the United States, ar a violation of a statu�e of the United States under which ath�r recovery is authorized}. Except as atherwise provided, the parties agree to be salely respansible for the negligent or wrongful acts or omissions of their respective employees and will not seek financial contributions from the ather for such acts or omissions. Legal xepresentation by the United States is determined by the DOJ on a case-by-case basis. ATF cannot guarantee the United States will provide legal representatian to any State ar local law enforcement officer. Liability for any negligent or willful acts af any agent or officer undertaken autside the terms of this MOU will be the sole responsibiiity of the respective agent or officer and agency i�nvolved. DURATION This MOU is effecrive with the signatures of all parties and terminates at the ciose of business on September 30, 2026. This MOU supersedes previously signed MOUs and shalt remain in effect until the aforementioned expiration date or until it is terminated in writing (to include electronic mail and facsimile), whichever comes first. Ali participating agencies agree that no agency shali withdraw from the Task Force withuut providing ninety (90} days written notice to other participating agencies. If any participating agency withdraws from the Task Farce prior ta its termination, the remaining participating agencies shall determine the distributive share of assets for the withdrawing agency, in accordance with DOJ guidelines and directives. The MOU shall be deemed terminated at the time all participating agencies withdraw and ATF elects not to replace such members, or in the even� ATF unilaterally terminates the MOU upon ninety (9U} days written notice to all the remaining participating agencies. ATF JLEO Task Force MOU - March ZQ21, v2 Page 8 MODIFICATIONS This agreement may be modified at any time by written consent of all participating agencies. Modifications shall have no force and effect unless such modifications are reduced to writing and signed by an authorized representative of each participating agency. SIGNATURES I 04/22/2021 Neil Noakes Date Chief Fort Worth Police Department Jesus J. Chapa (Apr 22, 202114:07 CDTI Jay Chapa Deputy City Manager City of Fort Worth APPROVED AS TO FORM AND LEGALITY: Jessika J. Williams Assistant City Attorney ATTESTED BY: &t Rc11atff ? &11zate.r 'for Ronald P. Gonzales (May 7, 202115:02 CDT) Mary J. Kayser City Secretary ATF JLEO Task Force MOU -March 2021, v2 -�--�'. ·.· I Date gent in Charge ATF, Dallas Field Division Date: 04/22/2021 Date: 04/22/2021 Date: 05/07/2021 Page9 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. Adriana Gonzales Management Analyst ATF JLEO Task Force MOU -March 2021, v2 Date: M/to,lwu Page 10