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Home My WebLink AboutContract 34425CI`f Y SECREiARY�L+�� CONTRACT (Vp . 4 �' Memorandum of Agreement Sharing Of Forfeited Assets North Texas High Intensity Drug Trafficking Area Regional Intelligence Support Center Memorandum of Agreement The North Texas High Intensity Drug Trafficking Area (NTHIDTA), Regional Intelligence Support Center (RISC), will conduct administrative and judicial seizures and forfeitures of assets, whenever legally possible, under applicable federal statutes and guidelines or under Texas state forfeiture proceedings, whichever is more appropriate, in order to accomplish the most effective law enforcement result; Whereas the participating RISC law enforcement agencies desire to enter into a written agreement, pursuant to the Memorandum of Understanding under which the Initiative operates, to provide for the distribution of proceeds of all assets forfeited as a result of North Texas HIDTA investigations and prosecutions; The parties do agree as follows: I. Federal Forfeitures A. Forfeiture Processing Forfeitures will be processed by the deputizing Federal Law Enforcement Agency of the initiative which generates the seizure. B. Sharing Requests The processing Federal Agency must promptly notify the Tarrant County Sheriff's Office*, in writing, of the details of the forfeitures. An Asset Sharing Request (DAG 71 or TD F 92-22.46) will be submitted to the processing Federal Agency for a total share due RISC participating members. * Local Agency Handling HIDTA RISC asset distribution. C. Forfeiture Processing Expense Assets including proceeds from the sale of seized property not retained far official use will be deposited into the U.S. Department of Justice (DOJ) or U.S. Treasury Asset Forfeiture Fund. DOJ and Treasury policy require the "Federal Share" for processing expenses related to forfeitures to be a minimum of 20% of the total. � ��'' � i l � � � �' � � �t'r'J�. �� i� s��J:�. �hJu1� � ��,��i5��'rr`� , . ,�, �l � ,� 'lr �� ,1 �, ❑ti -;;,r,c�l� n �';;`{;.;� � .; � }�!�`'( � � ,.4� �:�'J: � �� U � G',. , . D. Award for Assistance in the Seizure The NTHIDTA initiative/law enforcement agency, may award any percentage of any forfeiture to any member or non-member of NTHIDTA which significantly contributes toward the initiation, development or prosecution of a NTHIDTA case that results in a seizure, or which provides extraordinary support for enforcement actions that directly results in the seizure. The NTHIDTA RISC will be awarded a minimum net 10% of all seizures for assistance rendered, with no lead agency or participating agency approval required unless a determination is made that the equitable share to the RISC will exceed the 10% minimum (reference North Texas HIDTA Forfeited Asset Sharing Policy Section 3.3 Appendix M of the North Texas HIDTA Policies and Procedures Manual). E. Sharing of Assets All forfeited assets awarded to the RISC will be equally shared among the agencies with personnel assigned to the RISC as of the date of seizure. Agencies will be entitled to a percentage share based on the number of personnel assigned, divided by the total number of eligible RISC assigned personnel. However, HIDTA funded Intelligence Analysts, secretaries or other positions will not be counted and will not share any assets. The Irving PD's contribution far after hours event deconfliction will be equivalent to one full-time officer assigned to the RISC. If the after hours workload increases significantly then this arrangement will be re-evaluated. The Executive Board will approve any sharing percentage for support contributions of this type. F. Sharing of Vehicles Vehicles will be shared among the participating agencies assigned to the task force which generates the seizure. Such sharing will be based upon a rotation basis among participating agencies within the Initiative or upon a demonstrated departmental need, which shall require the concurrence of the Initiative lead agency. If the forfeiture involves a single vehicle, which is claimed by a state or local member, the state or local member must pay the federal share (20%) which will be deposited in the Asset Forfeiture Fund. II. State Forfeitures In any case resulting in a state forfeiture of assets in which a NTHIDTA squad participated, the lead agency for the group processing the forfeiture will request an equitable share of the forfeited assets, under the laws of the State of Texas and will develop a local sharing agreement between the squad lead agency and the county processing the forfeiture. The resulting assets will then be shared under the provisions of this agreement. � � _ �-- �_--, _ _- - -- - -- � �, �,--,: � , � � � � ,..^,'n, � V; ; ; � �� , s;`1 � 1:5 v ��'�: �.�.- , c,; y�' ;� -- � c� � ��,;.; , � u � i'��i ;'� � 'I° � �� ` 2 l`11 � �' i1 S��_: �`.., L ��: ��'� �� IU� :`�.�'✓?i��It� 1�:5,,. ATTESTING SIGNATURES David Kunlcle Chief of Police Dallas Police Department James Capra Special Agent in Charge Drug Er}forcemenjt Administration Joe Pa�n}ag��/ � Assist�nt Crty Manager City of Fort Worth Larry Boyd Chief of Police Irving Police Department . �-_, � � L��11-0- �� S-L � , Mona Neill Director North Texas HIDTA Dee Anderson Sheriff Tarrant County Sheriff's Office Dan Easterwood Assistant Commander Texas Department of Public Safety Date Date _ �� . Date Date 12- �S � O� Date Date Date ��J'�:>l.,!'� ��:�';;��;'�� '� N �,, --, , ,�, � r�. � '�`.7 � � �� .: � ��,'.`' : � L ��^,1 11,� �/ 2�7 .,....�; U, �7 �� i(U� `�:"�'�'✓1iU�1'� U �G�� . 3 Don Nguyen Date Maj or Texas Guard Counter-drug TF ��ov�� s -ro FO iill AfVD LEGALITY: , .� � � l',�, �,�� "�titi �, SSISTANT CI� ATTORNEY ,(�-��/ G � �t�Y�i- �vc��'l� ;"�_i:t��i:r-,��1 _s;�'�. - --- � — - .— �'�I�i� t�� H.c�naxz-< ti:�itv Secreta� �� 1� l t�F� _- conti�ac� �utho�i�atio�a ; � � �� _ '1 ,.�1�� ` � � i � __-__: Date ,� � � , ��. II �� l ��,..'� ��,^'I �r��Jv1c.� 1��.-U�+��- �.'9S� '�J U �� ,� p�,�� r,`,, U ;;��';;�r�lL..�!�� a ,;,, -,�,f ��,� 4 � �� .: ��`1i U �`l � �,_'-Gi ; � i City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 9/26/2006 DATE: Tuesday, September 26, 2006 LOG NAME: 35SHARING Page 1 of 2 REFERENCE NO.: **C-21727 SUBJECT: Authorize Memorandum of Agreement with the North Texas High Intensity Drug Trafficking Area Regional Intelligence Support Center to Provide for the Distribution of Proceeds of ForFeited Assets as a Result of Investigations and Prosecutions of the North Texas High Intensity Drug Trafficking Area RECOMMENDATION: It is recommended that the City Council: 1. Authorize the City Manager to execute a Memorandum of Agreement with the participating North Texas High Intensity Drug Trafficking Area (NTHIDTA), Regional Intelligence Support Center (RISC) to provide for the distribution of proceeds of all assets forfeited as a result of the NTHIDTA investigations and prosecutions; and 2. Authorize the Agreement to begin upon execution of the Agreement by all participants and remain in force unless explicitly terminated, in writing, by either party. DISCUSSION: The City of Fort Worth has been an active participant in the Drug Enforcement Administration High Intensity Drug Trafficking Area since 1999. The mission of the organization is to reduce the volume of narcotics and controlled substances being trafficked into and distributed from the North Texas High Intensity Drug Trafficking Area (NTHIDTA) area of responsibility through aggressive detection, interdiction, enforcement, and prosecution of those individuals and enterprises engaged in such illegal activities. In particular, the task force focuses on major drug trafficking organizations. The North Texas High Intensity Drug Trafficking Area, (NTHIDTA) Regional Intelligence Support Center, (RISC) will conduct administrative and judicial seizures and forFeitures of assets, whenever legally possible, under applicable federal statutes and guidelines or under Texas State forfeiture proceedings, which ever is more appropriate, in order to accomplish the most effective law enforcement result. The participating Regional Intelligence Support Center, (RISC) law enforcement agencies desire to enter into a written agreement under which the Initiative operates to provide for the distribution of proceeds of all assets forfeited as a result of the North Texas High Intensity Drug Trafficking Area (NTHIDTA) investigations and prosecutions. http://www.cfwnet.org/council�acket/Reports/mc�rint.asp 11 /13/2006 Page 2 of 2 FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that the Police Department wiil be responsible for the collection of revenues under this agreement. TO Fund/Account/Centers R107 488332 0351000 0.00 Submitted for City Manager's Office bv: Originating Department Head: Additional Information Contact: FROM Fund/AccountlCenters Joe Paniagua (6575) Ralph Mendoza (4210) Kara Shuror (4221) http://www.cfwnet.org/council�acket/Reports/mc�rint.asp 11/13/2006