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Home My WebLink AboutContract 51616 CITY SECRETARY ;`�.TPACT N0. FY 2019 Asset Forfeiture Sharing Agreement 45, �� y HIDTA Group 2 cE�°cP�P c� c p City of Fort Worth Fort Worth Police Department The U.S. Department of Justice,2018 Joint Guide to Equitable Sharing for State, Local, and Tribal Law Enforcement, governs this Agreement. The State, Local, and Tribal Law Enforcement members (the "Participants"), of the DEA HIDTA Group 2, High Intensity Drug Trafficking Areas Task Force (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. This agreement is made between the City of Fort Worth on behalf of the Fort Worth Police Department and the U.S. Department of Justice, Drug Enforcement Agency. The following are the Task Force Participants and their contribution to the Task Force: City of Fort Worth acting on behalf of the Fort Worth Police Department-ten (10) Officers assigned to the Task Force Texoma HIDTA Regional Intelligence Support Center(RISC)-one (1)Intelligence Support 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 awarded in a case if victims have not been fully compensated. State,Local, and Tribal government entities can be considered victims. Participants acknowledge that the DOJ Money Laundering and Asset Recovery Section (MLARS)will be the sole decider for 100%property requests. Sharing percentages shall be based upon the following formula: Agencies with one or more full time deputized Task Force Officers (TFOs)assigned to the Task Force will receive an equitable,prearranged sharing percentage that fairly reflects the overall agencies' investigative, financial, or administrative contributions to the task force and/or the agencies' efforts resulting in federal forfeiture of the asset, including accounting for any participation by a federal agency. 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. The new minimum sharing amount is $500. Sharing is not automatically 80 percent. The actual sharing amount allocated to participating agencies may be impacted by numerous factors. The sharing percentages awarded to State, Local, and Tribal Law Enforcement agencies' is based on qualitative and quantitative contributions, and is no longer deducted from the 20%federal share. 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 1 ®FFICIA�RECORD CITY SECRETARY FT.WORTIH,TQC 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 DOJ receives a minimum of 20%. Participants further understand that the federal decision-makers, including DEA, on each equitable sharing request retain discretion to modify percentages as deemed appropriate based on the facts and circumstances in each case. The addition and/or departure of Participant agencies and personnel shall not require renewal of this Sharing Agreement. Rather,the equitable,prearranged sharing percentages shall continue to fairly reflect Participant agencies' investigative, financial, or administrative contributions to the task force and/or the agencies' efforts resulting in federal forfeiture of the asset. This Sharing Agreement shall remain in force upon the addition or departure of law enforcement agencies in the DEA HIDTA Group 2, High Intensity Drug Trafficking Areas 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). r"Zt l Clyde E. Shelle , Jr. DateIt Special Agent in .. arge Dallas Field Division For the City of Fort Worth/Fort Worth Police Department Date: 0;U! Joel F. Fitzgerald. Sr. Ph.D. Chief of Police Fort Worth Police Department 2 OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX Date: A l Jay Chapa Assistant City Manager City of Fort Worth APPROVED AS TO FORM AND LEGALITY Date: Matthew A. Murray Assistant City Attorney , i)i)...0� ATTESTED BY. r � 1 Date:LavLd NZ ry . Kas City Secreta ; ` 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. Date: y /U istina Ashton Finance Manager 3 OFFICIAL RECORD CITY SECRETARY FT WORTH,TX City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 12/4/2018 -Ordinance No. 23490-12-2018 DATE: Tuesday, December 4, 2018 REFERENCE NO.: **C-28947 LOG NAME: 35FY2019HIDTA WESTERN DRUG SQUAD GROUP 2 SUBJECT: Authorize Execution of Agreement with the United States Department of Justice,Drug Enforcement Administration for Reimbursement of Overtime Costs in an Amount Up to $183,437.50 for Participation in the Texoma High Intensity Drug Trafficking Areas Western Drug Squad/Group 2 Task Force for Fiscal Year 2019,Authorize Execution of Asset Forfeiture Sharing Agreement and Adopt Appropriation Ordinance(ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council: 1. Authorize the execution of an Agreement with the United States Department of Justice,Drug Enforcement Administration for reimbursement of overtime costs for participation in the Texoma High Intensity Drug Trafficking Areas Western Drug Squad/Group 2 for Fiscal Year 2019; 2. Authorize the execution of an Asset Forfeiture Sharing Agreement governing the Task Force's equitable sharing requests and participation in the United States Department of Justice Equitable Sharing Program; 3. Authorize the acceptance in an amount up to $183,437.50 for the reimbursement of overtime costs for ten officers assigned to the Texoma High Intensity Drug Trafficking Areas Western Drug Squad/Group 2 Task Force; and 4. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grants Operating Other Fund in an amount of$183,437.50,upon execution of the Agreement. DISCUSSION: Since 1999,the City of Fort Worth has worked cooperatively with the United States Department of Justice,Drug Enforcement Administration(DEA)to address the problem of drug trafficking in North Texas through various task forces. The Texoma High Intensity Drug Trafficking Areas (HIDTA)Western Drug Squad/Group 2 Task Force seeks to disrupt the illicit drug traffic in the City of Fort Worth by immobilizing targeted violators and trafficking organizations,gathering and reporting intelligence data relating to trafficking of narcotics and other dangerous drugs, and by conducting undercover operations where appropriate. The task force will also engage in other traditional methods of investigations in order that the task force's activities will result in effective prosecution in both State and federal courts. The Fort Worth Police Department currently will assign ten officers to the HIDTA Western Drug Squad Task Force. The City of Fort Worth will be reimbursed by the DEA for overtime expenses related to the department's participation in the task force in an amount not to exceed $183,437.50. Benefits such as retirement,FICA and other expenses are not reimbursable. No matching funds are required. This is a reimbursement agreement and indirect costs are prohibited. This task force serves ALL COUNCIL DISTRICTS. This contract will be with a governmental entity, state agency or public institution of higher education: Drug Enforcement Administration(DEA). FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that upon approval of the above recommendations,execution of the Agreement and the adoption of the attached appropriation ordinance,funds will be available in the current operating budget, as appropriated,of the Grants Operating Federal Fund. This is a reimbursement grant. The Police Department is responsible for requesting all reimbursements. FUND IDENTIFIERS(FIDS): TO Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year (Chartfield 2) FSM Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year (Chartfield 2) CERTIFICATIONS: Submitted for City Manager's Office by: Jay Chapa (5804) Originating Department Head: Joel F.Fitzgerald (423 1) Additional Information Contact: Blessed Tsada (4217) ATTACHMENTS 1. 35FY2019HIDTA WESTERN DRUG SQUAD GROUP2 21001 A019.docx (Public)