CM-09-07-142' Texas Militar Forces Joint Counterdru• Task Force Su• •ort Re•uest Form
1. Requesting Agency: Round Rock Police Department
2. Name and title of requesting official: James R. Nuse, P.E, City of Round Rock, City Manager / Contact: Capt. Troy Evans
3. Date: 5/27/2009
4. Phone number:512-218-3252 (Capt. Evans) 5. E-mail Address: tevans(around-rock.tx.us
6. If you are currently receiving support for this mission, how many personnel are assigned?_
7. Category of support requested:
*Note: Only one category per Support Request Form
Investigative Case and Analyst Support How many? 1 Linguist Support n How many? _
Communication Support n How many? _ Drug Demand Reduction Support n How many?
8. Support location (Street, City, and ZIP):
10. Security clearance required: NCIC/TCIC ® Secret Top Secret C
11. Are foreign language skills required? NO ® Read E Write n Speak
What language?
12. Position in support of: Non HIDTA Single Agency:® Multi -Agency, Multi -Jurisdictional Task Force: E
Houston HIDTA: North Texas HIDTA: West Texas HIDTA: 111 South Texas HIDTA:
13. List the anticipated daily activities of the requested individual and any specific knowledge or skills required.
[If the Agency needs to deviate significantly from these descriptions in the future, the requesting official or his/her designated official must contact their Texas
Military Forces Joint Counterdrug Task Force (JCDTF) Threat Area Officer or the JCDTF Operations Section at (512) 782-6714 prior to doing so.]
The requested analysts/case suppport position assigned to this agency will be tasked with collating, analyzing, and disseminating
intelligence generated through the investigation of narcotics related offenses. Personnel should be competent in the use of word
processing and computer applications related to toll record analysis, link analysis, pattern analysis and similar applications, data
entry, photo line-up comparisons and computer checks related to criminal backgrounds and investigations. They will be expected to
prepare briefings and conduct other case specific support requirements. Assignment of Texas National Guard personnel will greatly
aid the Round Rock Police Narcotics Unit in the targeting and prosecution of criminal drug enterprises.
14. National Guard personnel will —
* Participate in real time transcription or translation of oral or wire intercepts.
* Participate in direct contact with suspects during investigative or interrogative interviews.
* Participate in surveillance directed against specific U.S. persons; physical collection of evidence; pursuit or arrest of individuals; or search or
seizure of property.
* Become involved in the evidentiary chain of custody.
* Use a "Cover story" or deliberately hide your status as a military member supporting a law enforcement agency.
* Store or maintain law enforcement agency (LEA)/case related information outside of LEA facility.
By signing below, the requesting official agrees to the job description, to follow the legal restrictions, and to disseminate this information to the law
enforcement supervisors of National Guar- •ers•.n%
Signature of requesting official:
JCDTF Form CD3 -1
Page 1
R. Nuse, P.E., City Manager, City of Round Rock
Date of Last Revision: JAN 21, 2009
FOR OFFICIAL USE ONLY
EXEMPT FROM MANDATORY DISCLOSURE UNDER FREEDOM OF INFORMATION ACT (FOIA)
MEMORANDUM OF AGREEMENT
BETWEEN THE
ROUND ROCK POLICE DEPARTMENT
AND THE TEXAS MILITARY FORCES
SUBJECT: Texas Military Forces Joint Counter Drug Task Force Support for Law
Enforcement Counter drug Activities.
1. PURPOSE: This Memorandum of Agreement (MOA) sets forth the agreed terms
and conditions of support to a Law Enforcement Agency by the Texas Military Forces
Joint Counter Drug Task Force. In general, the Texas Military Forces will provide
counter drug support to Federal, State, and local law enforcement agencies when
requested in writing, subject to funding and when a drug nexus is apparent.
2. DEFINITIONS:
a. Texas Military Forces (TMF) includes the Texas Army National Guard
and Texas Air National Guard, operating pursuant to Title 32 of the
United States Code and under the Command and Control of the
Adjutant General of Texas.
b. Texas Joint Counter Drug Task Force (JCDTF) consists of Texas
National Guard soldiers and airmen assigned to full time National
Guard duty in support of Law Enforcement Agencies.
c. Commander means the senior responsible officer appointed by the
Adjutant General of Texas to command the JCDTF.
d. Law Enforcement Agency (LEA) is defined as the supported LEA
entering into this agreement with the TMF.
e. Drug Nexus means the involvement of drugs or narcotics with actual or
suspected criminal activity.
f. Exigent Circumstances, for the purposes of this MOA, exigent
circumstances are situations in which immediate action is necessary to
protect law enforcement officers, JCDTF personnel, or others from
injury or death; prevent the loss or destruction of evidence; or to
prevent the escape of a suspect already in custody.
3. PERIOD OF AGREEMENT: This MOA is effective for the following period:
Start Date: 01OCTO9 End Date: 30SEP10
JCDTF MOA -LEA; REV. 4
1 5 October 2006
FOR OFFICIAL USE ONLY
4. DRUG NEXUS: By executing this agreement, the supported LEA certifies that
JCDTF personnel will be engaged only on projects or operations that have a drug
nexus.
5. SCOPE OF WORK: JCDTF personnel will operate in accordance with an LEA
support request approved by the JCDTF Commander. The approved support request is
attached and incorporated into this MOA.
6. COMMAND AND CONTROL: JCDTF personnel will be under the command and
control of the JCDTF Commander at all times. The supported LEA will notify the JCDTF
Commander immediately in the event that any JCDTF personnel are injured, or
suspected of misconduct. Personnel may be recalled at any time due to emergencies
or other operational necessities. The JCDTF Commander has the sole discretion to
approve or reject modifications to an approved LEA support request.
7. FORCE PROTECTION AND USE OF FORCE: Prior to the beginning work the
supported LEA will provide the JCDTF with all known information regarding potential or
actual threats and hazards to personnel and equipment. The JCDTF personnel will
operate under and comply with the Use of Force orders established by the JCDTF
Commander. Only JCDTF personnel specifically authorized by the Commander shall
be armed.
8. WARRANTS / LEGAL REQUIREMENTS: The supported LEA shall ensure that all
legal requirements, including obtaining warrants, are fulfilled. The supported LEA
recognizes that JCDTF personnel may not engage in any activity that law enforcement
officers are prohibited from conducting.
9. ARREST, SEARCHES AND SEIZURE: Absent exigent circumstances, JCDTF
personnel shall not participate in the apprehension of suspects, or search of any
property.
10. EVIDENCE: The supported LEA agrees to make all reasonable efforts to prevent
the necessity of JCDTF personnel handling, possessing or other wise coming into
contact with seized evidence. The supported LEA will make every attempt to ensure
JCDTF personnel do not become part of the chain of custody for seized evidence. Both
the TMF and the supported LEA recognize that, in rare cases, exigent circumstances
may make this provision unfeasible.
11. SUBPOENAS OR OTHER ORDERS TO APPEAR: The supported LEA will
immediately notify the JCDTF Commander in the event that any JCDTF personnel are
subpoenaed, or otherwise ordered to appear in any court. If JCDTF personnel are
ordered to appear in court, the supported LEA will provide the same pre-trial counsel
and preparation provided to LEA personnel.
JCDTF MOA -LEA; REV. 4
2 5 October 2006
FOR OFFICIAL USE ONLY
12. INFORMATION ON CITIZENS AND SUSPECTS: JCDTF personnel shall not in
the course of their duties be responsible for maintaining files on any citizens,
businesses or organizations outside of any law enforcement facility.
13. MEDIA REQUEST AND OTHER REQUEST FOR INFORMATION: The supported
LEA will not reveal the participation of JCDTF personnel in any law enforcement
operations without consulting with the JCDTF Commander. Any release of information
will not divulge JCDTF operational information or identify Texas Military Forces
personnel, equipment, or units without the prior approval of the JCDTF Commander.
The supported LEA will be the lead agency for all media inquires. The JCDTF and TMF
will refer all media inquires to the supported LEA.
14. DUTY HOURS & WORK SCHEDULES: Duty hours and work schedules shall be
in accordance with the LEA support request. All JCDTF personnel maintain additional
military duties as part of their regular National Guard unit. As such, JCDTF personnel
will be required to attend Inactive Duty Training (drill weekends) and Annual Training
(two week periods). In addition, all JCDTF personnel are authorized thirty (30) days of
leave per year, as approved by the JCDTF Commander.
15. WORK SPACE REQUIREMENTS: The supported LEA will provide parking,
appropriate work space and use of communication equipment (including phone, fax,
internet/email capability) for JCDTF personnel.
16. LEA FUNDING: The supported LEA agrees to fund all operational related travel
expenses and any LEA specific training.
17. SALAIRES & BENEFITS: All JCDTF personnel serve in military status on full time
National Guard duty. As such, the TMF will pay all related salaries, allowances and
benefits for JCDTF personnel. The supported LEA shall not pay any monetary bonus or
other award to any JCDTF personnel without the advanced approval of the JCDTF
Commander.
18. ASSET FOREITURE SHARING: The supported LEA agrees that the TMF may
participate in asset forfeiture sharing. The TMF will submit an application for a
respective share, based upon the level of participation, in an investigation resulting in
the seizure and subsequent forfeiture of assets. All forfeiture sharing shall be in
accordance with applicable laws governing the disposition of forfeited assets.
19. LIABILITIES: The State of Texas shall not be required to accept liability or do any
act in contravention of its Constitution, laws and regulations. The requesting LEA
agrees to hold harmless all JCDTF personnel for all claims that may arise as a result of
this Agreement. This Agreement shall not cause a party herein to indemnify another
party.
JCDTF MOA -LEA; REV. 4 3 5 October 2006
FOR OFFICIAL USE ONLY
20. RENEGOTIATION / MODIFICATION: This MOA may be altered or otherwise
modified, if done in writing. Changes to the scope of work or functions of JCDTF must
be approved by the JCDTF Commander.
21. TERMINATION OF AGREEMENT: Either party to this MOA may terminate this
agreement at any time by written or verbal notification to the other party. If notification
of termination is delivered verbally, written confirmation shall follow within five (5)
business days. The supported LEA recognizes that JCDTF personnel may be
mobilized and called to active federal military duty as part of their normal military unit.
In addition, the supported LEA understands that JCDTF operations are subject to and
dependent upon annual appropriated funding.
22. AUTHORITY: By affixing their signature to this agreement, each party affirmatively
represents that they are authorized to enter into this agreement on behalf of their
respective agency, and acknowledge that it is the parties' intent that this agreement be
binding upon their agency from the time of their so signing until the termination of the
agreement.
Signa e
Troy Evans
Name (printed)
Captain
Title
5/27/2009
Date
JCDTF MOA — (GS)
JCDTF MOA -LEA; REV. 4
Signature
COL Tony West
Name (printed)
CDC
Title
Date
4 5 October 2006
DATE: July 20, 2009
SUBJECT: City Manager Approval — July 24, 2009
ITEM: Memorandum of Agreement
Department: Police Department
Staff Person: Capt. Troy Evans
Justification: Consider executing a Memorandum of Agreement with the Texas Military Forces
for counter drug support.
Funding:
Cost: N/A
Source of funds: N/A
Outside Resources:
Background Information: This Memorandum of Agreement (MOA) sets the terms and
conditions of support to a Law Enforcement Agency by the Texas Military Forces Joint Counter
Drug Task Force. In general, the Texas Military Forces will provide counter drug support to
Federal, State, and local law enforcement agencies when requested in writing, subject to
funding and when a drug nexus is apparent. Texas National Guard Counterdrug Support
personnel will greatly aid the Round Rock Police Narcotics Unit in the targeting and prosecution
of criminal drug enterprises. This MOA will be effective from October 1, 2009 through
September 30, 2010.
Public Comment:
UPDATED APRIL 2008
5/,22009
Request for City CounciUCity Manager Action
❑0 City Council p City Manager
Submit completed form for all Cfty Manager and City Council approvals.
Department Name: Police Department
Contact Person: Tricia McFerran / Sherrill Voll / Rick White
Project Mgr/Resource: Capt. Troy Evans
Project Coordinator: Capt. Troy Evans
Assigned Attomey: Steve Sheets
City Council or City Manager Approval Date:
Agenda Wording
For stEtIolli lis DNLY
JUL 2 2 2009 w �;
Received:
Tag #: iV `• 4
Original Documents Received:
Project Name: Memorandum of Agreement
ContractorNendor. The Texas Military Forces
Funding Source: General Fund
Additional funding Source:
Amount: N/A
Account Number: N/A
24JuI-09
Consider executing a Memorandum of Agreement with the Texas Military Forces for counter drug support.
Finance Information
Is Funding Required?
Initial Construction Contract
Construction Contract Amendment
Change Order
Yes 'DQ No:
11Change in Quantity 11jUnforeseen Circumstances
Initial Professional Services Agreement
Supplemental Professional Service Agreement
Purchasing/Service Agreement
Purchase Order
Item(s) to be purchased
Other (Please clearly identify action on lines below)
F
NWA :#
APPROVALS
d oNLYbyRnonce
Amount
EQ Finazrs
a Finance/Acct
Purchasing
C] ® Budget
ad, Plea
NOT BE PLACED ON THE COUNCL AGI
Reoulred for Submission of ALL City Council and City Mananer items
Project Mgr. Signature: Capt. Troy Evans Date:
Dept. Director Signature:
'City Attomey Signature:
City Manager Signature:
16 -YL tL)J1 Date:
Date:
7/20/2009
1 az,/ter
Date: —1
*CAttorney signature is required for all items.
REVISED 7/20/2009
LEGAL DEPARTMENT APPROVAL FOR CITY COUNCIL/CITY MANAGER ACTION
Required for Submission of ALL City Council and City Manager Items
Department Name: Police
Project MgrlResource: Troy Evans
[JCouncil Action:
I
ORDINANCE
Agenda Wording
Project Name: Memorandum of Agreement
ContractorNendor: The Texas Military Forces
RESOLUTION
QCity Manager Approval
CMA Wording
Consider executing a Memorandum of Agreement with the Texas Military Forces for counter drug support.
Attorney Approval
Attorney
Notes/Comments
Date
OTAwdox1SCCIntsU0121109ot1MISC1o0188078.XLS
Updated 6/3/08