HomeMy WebLinkAboutContract 44244 (2)- = ',�.
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MEMORANDUWf OF UNDERSTANDING
CUMMERCiAL SMUGGLtNG INITIATIVE
N�RTH TEXAS HIDTA
Or,ganizationai Structure:
The Commercial Smuggling ini�ative/TasEc Farce wi11 operate under the authority
of the North Texas HfDTA Executive Board, and the Oklahoma Advisory Board if
applicable, and will comply with a!) NT HIDTA administrative and financiaf
requirements, as specified by the NT HIDTA Director, to include, but not limited
to; participation in #he preparation of an Annual Report, Threat Assessment,
Initiative Budget proposal, periodic budget expenditure reports, case summaries,
statistical accomplishment reports, and the NT HiDTA Policy and Procedures
Guide, etc.
Suoervisio� and Personnel:
Supervision of the Commercial Smuggling lni�ative will be provided by the
Homefand Securiiy Investigations through the assignment of the Initiative
Supervisor. A!I Group Supervisors will keep the Opera#ions Manager informed of
on-going investiga�ons. This position is current{y filled by a DEA Assistant
Special Agent in Charge (ASAC). This position reparts to the Execuiive Baard
and has managerial oversighi of the Texas enforcement initiatives and the
Regional fntelligence Support Center (RlSC), with direct oversight of the Eastem
and Western Drug initia�ives. This alignment allows for enhanced sharing of
informabon, personne) and equipment between a(I of the initia#ives. The
responsibiiities of the Operations Manager includ�: coordination of investigations
conducted by the Texas enforcement initiatives; budgei review and resourc�
a[location of both enforcement and intelligence resources; and maintaining
liaison with the Execu#ive Board and other law enforcement management.
Texas Group Supervisors wili coordinate investigative activity with the NT HIDTA
Regionai Inteitigence Support Center (RISCj and aH ofher NT HIDTA initiatives.
4klahoma initiatives wil! also coordinate investigative activity with the Oicfahama
lnte!ligence Center (OIC).
Personne! assigned to #he CommerciaE Smuggfing Initiative may b
undergo a backgraund investigation for a security clearance, if
Agency reguEations or HIDiA policy.
Fundins�:
e required to
required by
Subiect to av�ilabiEitv of annually appropriated funds by the 4ffice of Nabonal
Drug ConUot Poiicy, funds for payment af certain personnel expenses�
operational costs, and equipment will be provided to support the assignment of
personnel io this initiative. This support may include full or partia! payment for
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RECEIVEQ MAR � 4 ��i�
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office space, otfice equipment and supplies, travel, purchase of ev�dence and
informaiion sources, sta#ellocal overtime costs, r,ellular tefephones, and other
items. The Commeraiaf Smuggling lnitiative will establish a budget for those
spec�c expenses to be covered each year.
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AI! expenditures by participating members must comply with the fnancial
guidelines of NT HtDTA and the designated fiduciariss for the Commercial
Smuggling In�iative.
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Participating agencies may request reimbursement for overiime for state and
focaf law enforcemen# oificers assigned full-time to the Comme�cial Smuggling
In�iative. Officer{s) mus# be eiigible for such compensa#ion from their parent
agency/department for work conducted in support af the Commercial Smuggling
Initiatnre. HIDTA funds shall not be used to pay for overtime related io training
attendance, or non-investigative administrative wotic.
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�veriime must b� approved by the Comm�rcia! �muggting lnitiative Greup
Supervisor. The parent agency or initiativ� cammander o� #he individual
rec.�[ving HiDi'A-funded overtime shali ensure the maximum amounts are not
ex�eded, tha� the overtime is for HiDTA-related activi�es, and #hat the individuai
does not receive overtime compensation from another funding source for the
me hour� worked.
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�'he objective of �T HID7A is to concentrate an �he most sign'�'ic�nt Drug
Traffic�cing Org�niza4ions and Money Laund�ring Qrganizatians. investigatiorts
are pursued with the expectation of identiiying significant targets. iarge#
seiection wiil be consistent with an intepigence-based approach ta accomplish
this obj�ve. ih� Group Supervisor wiU repor# af! investigations (to #he
4klahoma Advisary Board, if applicable and) ta ihe Executive Board through the
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Operations Manager and wili make periodic reports, as required, of investigative
pragress and accomplishments.
AI! HIDTA enforcement initiatives wilf use the RISC or the 41C for compiete even#
and target decor�fliction of all enforcemenUoperatiana! act�vi#ies. The RISC and
OEC will assist initiat�ves in target selectron and wi!! coordir�ate ihe coilection and
sharing o# infonnation among a!I NT HlDTA er�forcement initiatives.
EauiDmen�
A!I North Texas HIDTA Commercial Smuggling lni#iative property acquired by
#undirig pravided by the Office of National Drug Contro! Pol�cy, witt be utilized €or
the direct support of HlQTA drug enforcement op�ra#ions and wifl be maintained
ar�d safeguarded a# all times. This equipment may be used in non-HIDTA
ac#ivities if those actirrities. are consistent with the HfDTA's strategy; do not
interfere with #he work of HlDTA ini�atives; and do not become the primary user
of the equipment. The Commercial Smuggling Initiative property wilf be included
in the North Texas HiDTA inventory & control system, and must be made
available for periodic inventory when requested. All initiative property assigned
or ioaned #o North Texas HldTA Commercia! Smuggiing tnitiative particEpating
members will be returned to the Commercia! Smuggting Initiative Group
Supervisor upon termination of that member's participation in the Commercial
Smuggiing Initiative. AI! Gommercia( Smuggiing tnitiative Properfy will be
retumed #o the North Texas hllDTA Director if the North Texas HIDiA
Commercial Smuggling lnitiative terminates its participation in the North Texas
HIDTA. Prior to disposing of any HIDTA-funded equipmen#, ai� HiDTA grantees
must make the eq�aiprn�nt avail�bie to the HI�T,4 Director for possible us� by
anoth�r FIIDTA pariicipant.
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ihe Commercial Smuggling !ni#iative Group Supervisor wilt ctear all press
releases through the Uni#ed Sta#es Attomey or 4he State District Attomey as
�ppropriate for a!I investigative mafters under prosecution and witl advise the NT
HIDTA Director priar io release o# any informa#ion. Th� Commerciai Smuggling
Initiative Graup Supervisor may be #asked by the (name of supervisor's agency}
#a address media questions when issues arise eonceming the aperations of
(r�ame of supervisor's agency).
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AI! personnel assigned to the MT HIDTA hotd positions of pubiic trust and public
safety, therefore, all NT HIDTA personne! are expected to main#ain ar� alcohoi-
and drug-free work environment to protect the heaEifi and safety of th� public and
other personnel assigned at Ni HlDTA.
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Eauitable Sharin�.of Seized Assets:
The North Texas HIDTA Commerc�al Smuggling lnitiative wiil conduct
administrafive and judicial se�zures and for%itures o# assets, whenever legaliy
possibie, under appl�cabie federal statutes and guidelir�es or cander Texas or
Oklahoma state forfeiture proceedings, whichever is more appropriate, in order to
accomplish the most effective !aw enforcement result.
Forf+�iture Processing
Whenever possible, the assets which are seized pursuan# to NT HIDTA
investigations shail be forfeited through federal asset seizure programs.
�orfeitures wi{I be processed by the deputizing Federaf Law Enfiorcement Agency
which generates the seizure.
fn the case of assets which must be farFei#ed ti�rough state for�eiiure procedures,
the jurisdic#ion which shali process the forfeiture wiE! be chosen by the same
principies of equiiabte sharing among investigative agencies reflected in the
regulations rela#ed to sharing of federally forfeited assets.
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Per the NT HlDTA For�eited Asset Sharing Policy, Appendix M of the Policies
and Procedu�es Guide, a minimum of 10% of forfeited assets from each Texas
enforcement initiative will also be provided to �he Ri�C and #he remaining
f�rfeited asseis will be shared with the participating agencie� based on the
recomar��ndation� of the processing Feder�l Agency.
T�e processing Federal Agency (T'exas} must promptly notify ihe North Texas
HIDTA Regiona) Inteliigertce Support Center {RISC} of #he details of the poienti�l
forfeitures. Asset Sharing Requests {DAG-71 form for DOJ or TDF-92-22.46 tor
U.S. Treasury) must be submitted wiihin ihe 6b day deadi�n� by the RlSC to ihs
processing Federal Agency for their share af tM� €orfei4ure.
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Conclusion
The term of this M4U shail be fram the date of signature by au#horized
representaiives of all participating agencies, Individual agencies may be added
�t any time with apprapriate contract amendments or deletetf within 30-days
written notice. This agreement may be modi�ed at any time by written consen# a#
aii involved agencies and approva[ af the N'i H1DTA Executive Board.
Modif�catrons to this MOU shal) have no force and effect unless such
modifications are reduced to writing and signed by an authorized representative
of each participaiing ageney.
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David M, Marwell
Specia[ Agent in Charge
Flomefand �ecurity investigaiions
Dallas, Texas
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ate
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�.ance 5umpter
Directar
North Texas HIDTA
ACCEPTED AND AGREED:
CITY OF FORT WORTH:
By: `T �
Charl W. Daniels
Assistant City Manager
Date: 03. D4-. / 3
APPROVAL RECOMMENDED:
By: W.
Jeffre . H stead Z• Z6 '/3
Chief of Police
Date:
APPROVED AS TO FORM
AND LEGALITY:
By: �
Jessica Sangs`
Assistant City
Contract Authorization:
M&C: C�� 2� � �
Date Approved: 2-�`1-L�
ATTEST: , .,��-- �
B�'' ��
Mary J. Kayse
City Secretary
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M&C Review
Page 1 of 2
Official site of the City of Fort Woith, Texas
CITY COUNCIL AGENDA
DATE:
CODE
2/19/2013
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REFERENCE
N O..
1�'1��
**C-26109
CONSENT
FORT�r'�'ORTH
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I��Zrl�I1►�il�
PUBLIC
HEARING:
35HIDTA COMMERCIAL
SMUGGLING
NO
SUBJECT: Authorize Execution of a Memorandum of Understanding with the North Texas High
Intensity Drug Trafficking Area Task Force for Participation in the Commercial Smuggling
Squad, Accept Reimbursement of Overtime Expenses in the Amount Up to $17,205.25 for
Fiscal Year 2013 and Adopt Appropriation Ordinance (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the execution of a Memorandum of Understanding with the North Texas High Intensity
Drug Trafficking Area Task Force for participation in the Commercial Smuggling Squad;
2. Authorize the acceptance of reimbursement of overtime expenses in the amount up to $17,205.25
for an officer assigned to the Commercial Smuggling Squad for Fiscal Year 2013; and
3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in
the Grants Fund in the amount of $17,205.25, upon execution of the Agreement.
DISCUSSION:
On September 25, 2012, (M&C C-25867) the City Council authorized execution of an Agreement
between the United States Department of Justice, Drug Enforcement Administration and the City of
Fort Worth for payment of overtime expenses in the amount up to $86,011.25 for participation in the
North Texas High Intensity Drug Trafficking Area (HIDTA) Task Force Group 2 for Fiscal Year
2013. A North Texas Commercial Smuggling Squad is being sponsored by HIDTA to reduce the
volume of narcotics and controlled substances smuggled into and distributed in North Texas, money
laundering, and violent crime organizations, which impact the region. The Commercial Smuggling
Squad will focus on identifying, targeting, and dismantling commercial narcotics smuggling
organizations using the criminal justice system and appropriate civil remedies.
The Fort Worth Police Department will provide one officer from existing resources to the squad on a
full-time basis. The City may be reimbursed for associated overtime costs in the amount not to
exceed $17,205.25 annually.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that upon approval of the above
recommendations, execution of the Agreement and adoption of the attached appropriation ordinance,
funds will be available in the current operating budget, as appropriated, of the Grants Fund. The
Police Department is responsible for submitting requests for reimbursement to off-set the
expenditures.
TO Fund/Account/Centers
3)GR76 451891_035423625000
3)_GR76 5
(VARI OUS)__035 _423_625010
$17,205.25
$17,205.25
Submitted for City Mana erg 's Office_by_
FROM Fund/Account/Centers
http://apps.cfwnet.org/council�acket/mc_review.asp?ID=18033&councildate=2/19/2013 2/19/2013
M&C Review
Oriqinating Department Head:
Additional Information Contact:
ATTACHMENTS
Charles Daniels (6199)
Jeffrey W. Halstead (4231)
Aya Ealy (4239)
35HIDTA COMMER_CIAL SMUGGLING A013.doc
http://apps. cfwnet. org/council�acicet/mc_review. asp?ID=1803 3&councildate=2/ 19/2013
Page 2 of 2
2/19/2013