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Home My WebLink AboutContract 55028 CSC No. 55028 FY 2021 Asset Forfeiture Sharing Agreement MDTA Task.Foree Group 2 (Dallas) City of Fort Worth The U.S. Department of Justice, 2018 Joint Guide to Equitable Sharing for State and Local Law Enforcement, governs this Agreement. The State and Local Law Enforcement members (the "Participants"), of the DEA Task Force Group 2 (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: a. City of Fort Worth/Eight(8) officers 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 and Local 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: a. 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; and b. 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 part 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 and, Local 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 agency receives 10%based upon their contribution,then the MOU Participants' percentages shall be based upon 90%of the maximum amount available for sharing). OFFICIAL RECORD CITY SECRETARY FT.WORTH, TX 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 additional 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 Task Force Group 2. 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). Eduardo A. Chavez , p Date Special Agent in Charge Dallas Field Division l Edwin Kraus Chief of Police Fort Worth Police Department Date: Jay Chapa Deputy City Manager City of Fort Worth APPROVED AS TO FORM AND LEGALITY OFFICIAL RECORD CITY SECRETARY FT.WORTH, TX a i . i Date: 11-09-2020 ylor C.Paris C=11 Assistant City Attorney a FORT a� aF°°°°°°°°°�a ��oo o °°o��d i 0)`° o•1d S Ovo =d ATTESTED BY: P� * ? forRonald P. Gonzales ��a T°°°°°°°°°� a� 12/10/2020 for Ronald P.Gonzales(Dec 10,202011:28 CST ��11nEXP5o'�" i _ \ _ Date: Mary J. Kayser City Secretary j CONTRACT COMPLIANCE MANAGER: By signing I aclmowledge that I am the person responsible for the monitoring and administration of this contract,including ensuring all performance.and reporting requirements. ( Oz' U I Adriana Gonzales Date Management Analyst f ( i i l i i OFFICIAL RECORD CITY SECRETARY FT.WORTH, TX CITY COUNCIL AGENDA FORT 1I DATE: 10/20/2020 REFERENCE **M&C 20- LOG NAME: 35FY2021 HIDTA TASK NO.: 0762 FORCE GROUP 2 CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT. (ALL)Authorize Execution of Agreement with the United States Department of Justice, Drug Enforcement Administration for Reimbursement of Overtime Costs in an Amount Up to$134,261.00 for Participation in the Texoma High Intensity Drug Trafficking Areas Task Force Group 2 for Fiscal Year 2021,Authorize Execution of Asset Forfeiture Sharing Agreement and Adopt Appropriation Ordinance 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 Task Force Group 2 for Fiscal Year 2021; 2. Authorize the execution of an Asset Forfeiture Sharing Agreement governing the Texoma High Intensity Drug Trafficking Areas Task Force Group 2 equitable sharing requests and participation in the United States Department of Justice Equitable Sharing Program; 3. Authorize the acceptance of funds, in an amount up to $134,261.00, for the reimbursement of overtime costs for seven officers assigned to the Texoma High Intensity Drug Trafficking Areas Task Force Group 2; and 4. Adopt the attached Appropriation Ordinance increasing estimated receipts and appropriations in the Grants Operating Federal Fund in an amount up to $134,261.00, 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)Task Force 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 will assign seven officers to the HIDTA 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 up to $134,261.00. Benefits such as retirement, FICA and other expenses are not reimbursable. This is a reimbursement agreement and indirect costs are prohibited. No matching funds are required. This Task Force serves ALL COUNCIL DISTRICTS. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds will be available in the current operating budget, as appropriated, in the Grants Operating Federal Fund. The Police Department (and Financial Management Services)will be responsible for the collection and deposit of funds due to the City. Prior to expenditure being incurred, the Police Department has the responsibility to validate the availability of funds. This is a reimbursement grant. TO Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year (ChartField 21 FROM Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year Chartfield 2 Submitted for City Manager's Office by: Jay Chapa (5804) Originating Department Head: Ed Kraus (4231) Additional Information Contact: Adriana Gonzales (4217) ATTACHMENTS 35FY2021 HIDTA GROUP 2 SURGE 21001.docx Signature: Email: