HomeMy WebLinkAboutContract 56018 CSC No.56018
MEMORANDUM OF UNDERSTANDING
between
U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT
HOMELAND SECURITY INVESTIGATIONS
and
City of Ft Worth on behalf of Ft Worth Police Dept
regarding
THE DESIGNATION OF FORT WORTH POLICE DEPARTMENT (FWPD) EMPLOYEES
AS CUSTOMS OFFICERS (EXCEPTED)
1. PARTIES.The Parties to this Memorandum of Understanding (MOU)are U.S. Immigration and Customs
Enforcement (ICE) Homeland Security Investigations (HSI)and City of Ft Worth on behalf of FWPD
2. AUTHORITY.Title 19, United States Code(U.S.C.), Section 1401(i); 19 U.S.C. § 1589a. This MOU is also
authorized under the provisions of Texas Code of Criminal Procedure Sec. 14.03
3. PURPOSE.The Parties agree that effective enforcement of the laws relating to HSI jurisdiction requires close
cooperation and coordination between the two Parties. The Parties have therefore entered into this MOU to govern
the use of HSI designations by certain employees of FORT WORTH POLICE DEPARTMENT
Pursuant to section 401(i),Tariff Act of 1930, as amended (19 U.S.C.§ 1401(i)), the Secretary of Homeland Security
is authorized to designate persons as Customs Officers (Excepted)to perform the duties of a Customs Officer.
Within ICE,this authority has been delegated to the HSI Special Agents in Charge. Pursuant to 19 U.S.C. § 1589a,
customs officers are authorized to enforce the full range of federal offenses. However, in designating Customs
Officers (Excepted), HSI is not conveying the authority to enforce administrative violations of immigration law.
There may be instances when HSI determines that it is desirable for certain sworn law enforcement employees of
FORT WORTH POLICE DEPARTMENT to perform certain HSI duties.This MOU sets forth
the agreement and relationship between the Parties with respect to this determination.
4. RESPONSIBILITIES.
The Parties agree as follows:
HSI agrees to:
a. Designate certain employees of FORT WORTH POLICE DEPARTMENT as Customs
Officers (Excepted),without additional compensation, to perform the duties as noted on the"Designation,
Customs Officer(Excepted)—Title 19 Task Force Officer" (ICE Form 73-001).This form is attached and is
hereby made part of this MOU;
b. Issue a "Designation, Customs Officer(Excepted)—Title 19 Task Force Officer" (ICE Form 73-001)to each
qualified and designated employee;
C. Provide appropriate training in laws, policies, and procedures to each designated employee;
OFFICIAL RECORD
ICE Form 73-002(5/14) CITY SECRETARY
FT. WORTH, TX
d. Advise the designated Customs Officers (Excepted)about court proceedings concerning seizures or
arrests made by them in accordance with the authorities granted by HSI contemplated under this MOU;
and
e. Process, under appropriate regulations, any injury claim submitted as a result of injuries occurring to the
designated Customs Officers (Excepted)while such individuals are acting pursuant to this MOU, for
compensation under the Federal Employee Workers Compensation Act(5 U.S.C. § 8101, et seq.).
City of Ft Worth (FWPD) agrees:
a. That only sworn law enforcement officers of FORT WORTH POLICE DEPARTMENT
who successfully complete the appropriate HSI Task Force Officer cross-designation Training Course and
receive an approved "Designation, Customs Officer(Excepted)—Title 19 Task Force Officer" (ICE Form
73-001)will be designated as Customs Officers (Excepted);
b. That each law enforcement officer will be bound by the Authorities Granted and the Endorsements and
Restrictions as noted on the"Designation, Customs Officer(Excepted)—Title 19 Task Force Officer" (ICE
Form 73-001);
C. To advise HSI of each court proceeding in which the validity of a Customs Officer(Excepted)'s
enforcement authority becomes an issue, and allow HSI to provide legal memoranda or other assistance
as deemed necessary by HSI;
d. That agency employees designated as Customs Officers (Excepted)will follow HSI directives and
instructions when utilizing enforcement authority conveyed by HSI;
e. To provide to HSI, before designation of each officer and on an ongoing basis, any derogatory information,
or information that may call into question the officer's truthfulness or ability to testify in court; and
f. To return all HSI-issued equipment and identification when a cross-designated officer terminates
employment or when his or her cross-designation expires.
Both Parties agree:
a. That any abuse of HSI cross-designation authority may lead to the revocation of such cross-designations
by HSI; and
b. To schedule periodic meetings to review this MOU, as required.
5. REPORTING AND DOCUMENTATION. HSI SAC offices will maintain the original signed "Designation, Customs
Officer(Excepted)—Title 19 Task Force Officer" (ICE Form 73-001). Copies of this form will be held by the
Contraband Smuggling Unit at HSI Headquarters, the designated Customs Officer(Excepted), and
FORT WORTH POLICE DEPARTMENT
If applicable, the HSI office will maintain documentation of designated Customs Officers (Excepted)approved to
use HSI vehicles and certification that the designated Customs Officers (Excepted) have completed the ICE Fleet
Card Training in Virtual University and any other fleet related training.
ICE Form 73-002(5/14) Page 2 of 3
6. POINTS OF CONTACT.
HSI Office: Dallas, Texas FORT WORTH POLICE DEPT
Name: Bradley J. Hudson Name: Neil Noakes
Title: Assistant Special Agent in Charge Title: Chief of Police
Address: 125 E. John Carpenter Freeway Address: 505 W. Felix St.
Suite 800, Irving, Texas 75062 Fort Worth, Texas 76115
Telephone Number: +1 (972) 444-7400 Telephone Number: +1 (817) 392-4200
Fax Number: +1 (972) 444-7461 Fax Number:
E-mail Address: bradley.j .hudson@ice.dhs.gov E-mail Address: neil.noakes@ fortworthtexas.g
7. OTHER PROVISIONS.This MOU is an internal agreement between the Parties and does not confer any rights, privileges, or
benefits to any other party or the public.
Nothing in this MOU is intended to conflict with current laws, regulations,or policies of either Party. If a term of this MOU is
inconsistent with such authority,that term shall be invalid but the remaining terms and conditions of this MOU shall remain in full
force and effect.
Nothing in this MOU is intended or shall be construed to require the obligation, appropriation,or expenditure of any money from
the U.S.Treasury in violation of the Anti-Deficiency Act, 31 U.S.C.§§ 1341-1519.
The forms and authorities referenced herein may be renamed or replaced by HSI without prejudice to this MOU.
8. EFFECTIVE DATE.The terms of this MOU will become effective on the date the last Party signs the MOU.The Designation
Form of each Customs Officer(Excepted)is effective per the date on that document.
9. MODIFICATION.This MOU may be amended by the written concurrence of both Parties.
10. TERMINATION.This MOU may be terminated by either Party upon a 30-day written notification to the other Party.
APPROVED BY:
l
Ryan L. Spradlin Neil Noakes Z_ �6
Name of HSI Official Name of Ft wort ial
Special Agent in Charge Chief of Pol' e
Title of HSI Official Title of Ft Worth PD 's Official
Homeland Security Investigations Name of Ft Worth PD 's Agency
U.S. Immigration and Customs Enforcement
Date: 07/13/2021 Date:
OFFICIAL RECORD
CITY SECRETARY
ICE Form 73-002(5/14) FT. WORTH, TX
[Executed effective as of the date signed by the Assistant City Manager below.] / [ACCEPTED
AND AGREED:]
City: City:
T-.►IU46-1 NeW Nwkg'f
By: Jesus J.Chapa(Jul 8, 02117:35 CDT) By: Neil Noakes(Jul 8,202114:29 CDT)
Name: Jesus Chapa Name: Neil Noakes
Title: Deputy City Manager Title: Police Chief
Date: 07/08/2021 Date: 07/08/2021
CITY OF FORT WORTH INTERNAL ROUTING PROCESS:
Approval Recommended: Contract Compliance Manager:
By signing I acknowledge that I am the person
responsible for the monitoring and administration
of this contract,including ensuring all
By: performance and reporting requirements.
Name:
Title:
By:
Approved as to Form and Legality: Name: Adriana Gonz es
Title: Financial Compliance Analyst
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By: City Secretary: aJ6 o° °00���
Name: Taylor C. Paris 00.�g -0A D
Title: Assistant City Attorney �a�
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By:
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Contract Authorization: Name: Ron Gonzales a4.4 nEXASoa�
M&C: not required Title: Acting City Secretary
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX