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HomeMy WebLinkAboutContract 48572 r CITY CONTRASECRETgRy FY 2017 Asset Forfeiture Sharing Agreement The Federal, state and local members (the "Participants"), of the DEA Fort Worth Multi-Agency (the "Task Force"), hereby agree to the following terms and conditions of this Memorandum of Understanding ("MOU") governing the Task Force's equitable sharing requests and participation in the United States Department of Justice ("DOJ")Equitable Sharing Program: The following are the Task Force Participants and their contribution to the Task Force: Arlington Police Department/l officer assigned to the Task Force Fort Worth Police Department/5 officers assigned to the Task Force North Richland Hills Police Department/l officer assigned to the Task Force Parker County Sheriff's Office/l officer assigned to the Task Force Tarrant County Narcotics Unit/l officer assigned to the Task Force Weatherford Police Department/l officer assigned to the Task Force Participants acknowledge that equitable sharing is at the discretion of the Attorney General and not guaranteed in any case. Participants acknowledge that sharing will not be award in a case if victims have not been fully compensated. State, local or federal government entities can be considered victims. Sharing percentages shall be based upon the following formula: Agencies with one or more full time deputized TFOs assigned to the Task Force will receive a pro rata share of the maximum amount available for sharing, based on the number of TFOs assigned as of the date of the seizure. The maximum amount available for sharing is currently 80 percent of the asset value minus expenses related to the seizure, and minus any percentages allotted for agencies not a party or recently added to this Sharing Agreement who have also participated quantitatively or qualitatively in the asset seizure. Sharing is not automatically 80 percent. The actual amount to be shared among the participating agencies may be impacted by numerous factors. Participants understand that if a non-MOU member receives an equitable share based upon their contribution, then the MOU Participants' shares shall be reduced proportionately (e.g., if non-MOU agency receives 10% based upon their contribution, then the MOU Participants' percentages shall be based upon 90% of the maximum amount available for sharing). Participants further understand that additional adjustments may be necessary so to ensure that DEA (DOJ)receives a minimum of 20%. Participants further understand that the federal decision-makers on each equitable sharing request retain discretion to modify percentages as deemed appropriate based on the facts and circumstances in each case. OFFICIAL RECORD f,-,`rY SECRETARY FT,2 WORTHS TX �� S ' The addition and/or departure of Participant agencies and personnel shall not require renewal of this Sharing Agreement. Rather, the sharing percentages shall continue to reflect the pro rata contributions of any and all agencies which participated in a seizure pursuant to this Sharing Agreement. This Sharing Agreement shall remain in force upon the addition or departure of law enforcement agencies in the DEA Fort Worth Multi-Agency Task Force. This agreement shall be reviewed annually at the time each agency completes the State and Local Task Force Agreement with DEA for the coming Fiscal Year. Termination shall be by mutual consent in writing by all Task Force Participants or by the withdrawal of DEA(the latter upon 30 days advance written notice to all current Task Force Participants). FOR THE DRUG ENFORCEMENT ADMINISTRATION: Date: Cl e 14fley,TV Special Agent in Charge FOR THE CITY OF FORT WORTH V"""im Date: Valerie R. Washington Assistant City Manager City of Fort Worth APPROVAL RECOMMENDED: DD ' Date: G Joel F.Vitzgerald Chief of Police Fort Worth Police Department f OR T : �2 ATTEST: O ti •••......... C3 M ry k V'1ty$e' c6&ry •�"XAS APPROVED, S TO FORM AND LEGALITY: Denis C. McE o , Assistant City Attorney OFFICIAL RECORD CITY SECRETARY FT.WOffrH,TX