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HomeMy WebLinkAboutContract 51618 CITY SECRETARY CONTRACT NO._ 00�' �Fo�Q Pty FY 2019 Asset Forfeiture Sharing Agreement ctyo�ys�o Fort Worth Multi-Agency Task Force/Fort Worth Police Department 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. This agreement is made between the City of Fort Worth on behalf of the Fort Worth Police Department and the United States Department of Justice,Drug Enforcement Agency. The following are the Task Force Participants and their contribution to the Task Force: Arlington PD/One (1)Task Force Officer assigned to the Task Force Fort Worth PD/Five(5) Task Force Officers assigned to the Task Force North Richland Hills PD/One (1)Task Force Office assigned to the Task Force Parker County SO/One (1)Task Force Officer assigned to the Task Force Tarrant County Narcotics Unit/One (1) Task Force Officer assigned to the Task Force Weatherford PD/One (1) Task Force 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%. _vECRETARY .04,1`0RIII , TX 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. 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). "'_' - — /)"' /�' rll Clyde E. Shell Date Special Agent in Charge Dallas Field Division For the City of Fort Worth/Fort Worth Police Department Joel F. Fitzgerald, Sr. Ph.D. Date Chief of Police Fort Worth Police Department Date: �� y Jay Chapa Assistant City Manager City of Fort Worth OFFICIAL RECORD CITY SECRETARY FT. WORTH,T APPROVED AS TO FORM AND LEGALITY z*�i<� /` Date: %F�� Matthew A. Murray Assistant City Attorney ATTESTE Y: Date: lxllyl� t Mary J Kayser City Secretary M&C._C�a$q��l talo�Ji� 1295a.N 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: ristina�Ash ton finance Manager OFFICIAL Rl-t CITY SECRET,,; ';,`; FT. WORTH, �"; City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 12/4/2018 -Ordinance No. 23487-12-2018 DATE: Tuesday, December 4, 2018 REFERENCE NO.: **C-28944 LOG NAME: 35FY19DEAMULTI-AGENCYTF SUBJECT: Authorize Execution of Agreement with the United States Department of Justice,Drug Enforcement Administration to Participate in the Drug Enforcement Administration Fort Worth Multi-Agency Task Force,Authorize Acceptance of Reimbursement Funds in an Amount of$123,982.75 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 to participate in the Drug Enforcement Administration Fort Worth Multi-Agency Task Force; 2. Authorize the acceptance of reimbursement funds in an amount of $123,982.75; and 3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grants Operating Other Fund in an amount of$123,982.75,upon execution of the Agreement. DISCUSSION: The Fort Worth Police Department has been an active partner in the Drug Enforcement Administration(DEA) Fort Worth Multi-Agency Task Force (Task Force) since its creation in 1985. Officers assigned to the Task Force perform activities designed to disrupt illicit drug trafficking in the Tarrant County area. The duties of the Task Force include gathering and reporting intelligence data related to trafficking narcotics and dangerous drugs,conducting undercover operations and engaging in other traditional methods of investigations. Currently there are five officers assigned to the Task Force. Each officer must be detailed to the Task Force for a period of not less than two years. Pursuant to the Agreement,the DEA will reimburse the City of Fort Worth up to$18,343.75 per officer for the officers' overtime expenses. Additionally,the Agreement reimburses the City of Fort Worth in an amount not to exceed$32,264.00 for a portion of one clerical employee's salary for performing administrative tasks related to the Task Force. Indirect costs are not eligible for reimbursement. The City of Fort Worth is not required to provide matching funds. 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. FISCAL INFORMATION/CERTIFICATION: The Director of Finance 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 Grants Operating Other Fund. The Police Department is responsible for the collection and deposit of funds due to the City. This is a reimbursement agreement. The Police Department is responsible for requesting all reimbursements. FUND IDENTIFIERS (FIDs): TO Department Account Project Program Activity Budget Reference# Amount Fund ID ID Year (Chartfield 2) FROM Department Account Project Program Activity Budget Reference# Amount Fund ID ID Year (Chartfield 2) CERTIFICATIONS: Submitted for City Manager's Office by: Jay Chapa (5804) Originating Department Head: Joel F. Fitzgerald (4140) Additional Information Contact: Blessed Tsada (4217) ATTACHMENTS 1. 35FY19DEAMULTI-AGENCYTF 21003 AO19.docx (Public)