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HomeMy WebLinkAboutContract 31554 CITY SECRETARY -'O[JTPACT No. ADDENDUM TO THE MEMORANDUM OF UNDERSTANDING SHARING OF FORFEITED ASSETS NORTH TEXAS IIIDTA WESTERN DRUG SQUAD The purpose of this addendum to the Memorandum of Understanding for North Texas High Intensity Drug Trafficking (NT HIDTA) Area Western Drug Squad is to establish the process for sharing of forfeited assets. The NT HIDTA Western Drug Squad, 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. This agreement will begin on June 1, 2004, or upon signature of each participating agency and will end upon 30-days written notice of all participating agencies. Individual agencies may be added at any time with appropriate contract amendments or deleted with 30-days written notice. Whereas the participating NT HIDTA Western Drug Squad law enforcement agencies desire to enter into a written agreement, pursuant to the Memorandum of Understanding under which the Squad operates, to provide for the distribution of proceeds of all assets forfeited as a result of NT HIDTA Western Drug Squad 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, henceforth referred to as "Federal Agency," of the squad, which generates the seizure. B. Sharing Requests The processing Federal Agency must promptly notify the Fort Worth Police Department and Tarrant County Sheriff's Office in writing of the details of the forfeitures. Asset Sharing Requests (DAG 71) will be submitted to the processing Federal Agency for a total share due NT HIDTA Western Drug Squad and the 10% share due the NT HIDTA Regional Intelligence Support Center(RISC) participating members. C. Forfeiture Processing Expense Assets including proceeds from the sale of seized property not retained for official use will be deposited into the U.S. Department of Justice (DOJ) or U.S. Treasury Asset Forfeiture Fund of the NT HIDTA Western Drug Squad. DOJ and Treasury policy require the "Federal Share" for processing expenses related to forfeitures to be a minimum of 20% of the total. 03-15-05AI 3 : 3 D. Award for Assistance in the Seizure In cases of Federal processed forfeitures, the Drug Enforcement Administration (DEA), in concert with and concurrence of the Fort Worth Police Department, may award any percentage of any forfeiture to any member or non-member of NT HIDTA that significantly contributes toward the initiation, development or prosecution. of a NT HIDTA Western Drug Squad case that results in a seizure, or that provides extraordinary support for enforcement actions that directly results in the seizure. In cases of State processed forfeitures, the Fort Worth Police Department, in concert with and concurrence of each participating agency within the group, will make the determination for awards to any member or non-member of NT HIDTA. The NT HIDTA RISC will be awarded a minimum 10% of all seizures for intelligence and investigative case support rendered. No lead agency or participating agency approval is required unless a determination is made that the equitable share to the RISC will exceed the 10% minimum. E. Sharing of Assets The net assets remaining to be shared among NT HIDTA Western Drug Squad participating agencies will be shared based upon the number of personnel each participating agency within the group has assigned and committed to the group for a period of one year. All agencies will be entitled to a proportional share. All support personnel (secretaries, analysts, investigative assistants, etc.) will count at half the personnel equivalent of sworn officers/agents. Based upon the available balance of forfeited assets to be awarded, the total number of assigned squad personnel at the time of the specific seizure will be divided into the percentage remaining for sharing purposes in order to determine a sharing percentage per person. This will result in a proportional sharing based upon agency representation. F. Sharing of Vehicles Vehicles will be shared among the participating agencies assigned to this squad. Such sharing will be based upon a rotation basis among the'participating agencies within the squad or upon a demonstrated departmental need, which shall require the concurrence of the squad's lead agency. If the forfeiture involves a single vehicle, which is claimed by a state or local member, the Federal Share (20%) must be paid by the state or local member to the Asset Forfeiture Fund. II. State Forfeitures In any case resulting in a State forfeiture of assets in which the NTHIDTA Western Drug Squad participated, the lead agency for the group processing the 77 a 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 NTHIDTA Western Drug Squad lead agency and the county processing the forfeiture. The resulting assets will then be shared under the provisions of this agreement. Agreed to and approved by the following agencies as indicated by signature of authorized pres ves: Date: s Contract Authorization: c—nn i au Joe Pa4jg a,AAs tant City Manager Date:n � City of Fo orth, Texas Apo e As To o df�Legality: By: Carla Cook, Assistant City Attorney Date:---� ttcsted By: Gary Qhenkiewicz, Special A t in Charge Drug Enforcement A ims ation rn btarty Hend City Secretary Date: � �y Guadalupe Gonza ez, Special Agent in Charge Federal B u of Investigation (� Date:_�1 � Ronnie A. Carter, Special Agent in Charge Bureau of Alcohol, Tobacco and Firearms f / K �•� C Date: Michael Lacenski, Special Agent in Charge Internal Revenue Service ��� er APPROVED AS TO FORM: JAY DO EY, City Attorney Rona- ison, Deputy City Manager BY A City of on,on, Texas Date: Glen Hill, Chief of Police Grand Prairie Police Department Date: 1C7 .01f Mona Neill, Director North Texas HIDTA -Date: 4 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 6/29/2004 DATE: Tuesday, June 29, 2004 LOG NAME: 35HIDTA REFERENCE NO.: **C-20126 SUBJECT: Renewal of an Interlocal Agreement with the United States Department of Justice, Drug Enforcement Administration - HIDTA Task Force Group 6, Western Drug Squad RECOMMENDATION: It is recommended that the City Council: 1. Authorize the City Manager to renew the interlocal agreement with the United States Department of Justice, Drug Enforcement Administration - North Texas HIDTA Western Drug Squad for FY2004; and 2. Authorize the City Manager to execute an addendum to the interlocal agreement to define the sharing guidelines for forfeited assets among participating agencies and establishing the Fort Worth Police Department as custodian and distributor of forfeited assets; and, 3. Authorize the City Manager to amend during the contract term as appropriate to add and delete member agencies; and, 4. Authorize the agreement to begin June 1, 2004, and end upon 30-day written notification of the City of Fort Worth or all participating agencies. DISCUSSION: The City of Fort Worth has been an active participant in the Drug Enforcement Administration (DEA) High Intensity Drug Trafficking Area (HIDTA) 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 HIDTA 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. Currently, the following agencies participate in this cooperative effort: Drug Enforcement Administration; Federal Bureau of Investigation; Arlington Police Department; and Grand Prairie Police Department. The Fort Worth Police Department currently contributes one detective, four officers, and one lieutenant. When funds are available from the Office of National Drug Control Policy, some personnel costs including travel, office space, cell phones, gasoline and overtime may be reimbursed to Fort Worth by NT HIDTA. The Fort Worth Police Department will serve as the financial custodian for the Western Drug Squad with the responsibility of collecting and distributing assets seized in these activities to participating agencies. Logname: 35HIDTA Page 1 of 2 FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that the Police Department is responsible for the collection of revenues under this agreement. TO Fund/Account/Centers FROM Fund/Account/Centers GG01 488100 0356300 $0.00 Submitted for City Manager's Office bx: Joe Paniagua (4-6140) Originating Department Head: Ralph Mendoza (4-8385) Additional Information Contact: Susan Alanis (4-8262) Logname: 35HIDTA Page 2 of 2