HomeMy WebLinkAboutContract 55064 CSC No.55064
FY 2021 Asset Forfeiture Sharing Agreement
Tactical Diversion Squad (Ft Worth)
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 Tactical Diversion Squad Fort Worth(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:
Tarrant County Sheriff's Office/One (1) officer assigned to the Task Force
Ellis County Sheriff's Office/One (1) officer assigned to the Task Force
Parker County Sheriff s Office/One (1) officer assigned to the Task Force
Fort Worth Police Department/One (1) officer assigned to the Task Force
Arlington Police Department/One (1) officer assigned to the Task Force
North Richland Hills Police Department/One (1) officer assigned to the Task Force
Benbrook Police Department/One (1) officer assigned to the Task Force
Granbury Police Department/One (1) 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 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:
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 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
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
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 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 Tactical Diversion Squad Fort Worth. 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)
Fa
Eduardo A. Chavez Date
Special Agent in Charge
Dallas Field Division
Ed DateChief f laus
ice
Fort Worth Police Department
Jay Chapa Date
Deputy City Manager
City of Fort Worth
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
APPROVED AS TO FORM AND LEGALITY
- .,�^�- Date:; 11-09-2020
Te6ylor Paris.
Assistant City Attorney ;
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:CONTRACT COMPLIANCE:MANAGER
By signing I aelcnowledge that I am the person,resporisible for the monitoring and administrat on.of
this contract,.inchtding ensuring all performance and reporting requirements:
f>t t�Gv( G'f�, tiSGG k Date: �(� 11�.7: �. j
Adriana Gonzales
Financial Compliance Analyst
.... OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
CITY COUNCIL AGENDAkT T1I
DATE: 10/27/2020 REFERENCE **M&C 20- LOG NAME: 35FY2021 DEATACDIV
NO.: 0801
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT. (ALL)Authorize Execution of an Agreement with the United States Department of Justice,
Drug Enforcement Administration for Reimbursement of Overtime Costs in an Amount Up
to$19,180.00 for Participation in the Drug Enforcement Administration Tactical Diversion
Group Fort Worth Task Force 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 participation in the Drug Enforcement Administration Tactical
Diversion Group Fort Worth Task Force for Fiscal Year 2021;
2. Authorize the execution of an Asset Forfeiture Sharing Agreement governing the Drug
Enforcement Administration Tactical Diversion Group Fort Worth Task Force 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 $19,180.00, for the reimbursement of
overtime costs for one officer assigned to the Drug Enforcement Administration Tactical
Diversion Group Fort Worth Task Force; and
4. Adopt the attached Appropriation Ordinance increasing estimated receipts and appropriations
in the Grants Operating Other Fund in an amount up to $19,180.00, upon execution of the
agreement.
DISCUSSION:
The trafficking of controlled substance pharmaceuticals and listed chemicals continues to be a
problem that has substantial effects on the health and welfare of the people of Tarrant County. Since
2016, the City of Fort Worth has worked cooperatively with the Drug Enforcement Administration
(DEA)Tactical Diversion Group Fort Worth Task Force. The Task Force investigates, disrupts, and
dismantles individuals and organizations involved in diversion schemes (e.g., "doctor shopping",
prescription forgery and prevalent retail-level violators)of controlled pharmaceuticals and listed
chemicals in Tarrant County. Duties also include investigating, gathering and reporting of intelligence
data, and conducting undercover operations relating to the trafficking of controlled pharmaceuticals
and listed chemicals.
The Fort Worth Police Department will assign one officer to the DEA Tactical Diversion Group Fort
Worth 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 $19,180.00. 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 Other 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 2
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 DEATACDIV_21003 Q.docx