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HomeMy WebLinkAboutContract 47670 CITY SECl7ETARY CONTRACT Ido. FY 2016 Asset Forfeiture Sharing Agreement 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: The following are the Task Force Participants and their contribution to the Task Force: Arlington Police Department/1 officer assigned to the Task Force City of Fort Worth, acting on behalf of the Fort Worth Police Department/5 officers assigned to the Task Force North Richland Hills Police Department/1 officer assigned to the Task Force Parker County Sheriff's Office/l officer assigned to the Task Force Tarrant County Narcotics Unit/1 officer assigned to the Task Force Weatherford Police Department/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, 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 Task Force Officers ("TFO") 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%. 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. OFFICIAL RECORD CITY SECRETARY Fiscal Year 2016 Asset Forfeiture Sharing DOJ and City of Fort Worth FT.WORTH'TK k { rt T 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). Craig M. Wiles Date Special Agent in Charge Dallas Field Division FOR THE CITY OF FORT RT WORTH Y F 10IIg I � Valerie Washington Assistant City Manager Date APPROVAL RECOMMENDED C e ✓Al, PEI' jp- Z 7 Zbd� Joe Fitzge ald Date Chief Fort Worth Police Department Approved as to Form and Legality: Vt4�'� (,�x Victoria Honey Assistant City Attorney O� FaRA�� Attest: 0 V �1 Ma3ly Kayseq OFFICIAL RECORD City Secretar - CITY SECRETARY FT.WORTH,TX Fiscal Year 2016 Asset Forfeiture Sharing DOJ and City of Fort Worth M&C Review Page 1 of 2 Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA F°R� TWoRm COUNCIL ACTION: Approved on 9/15/2015 -Ordinance No. 21885-09-2015 DATE: 9/15/2015 REFERENCE **C-27450 LOG NAME: 35FY16DEA MULTI- NO.: AGENCY TASK FORCE CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize 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, Authorize Acceptance of Reimbursement Funds in the Amount of$118,932.00 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 the amount of$118,932.00; and 3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grants Fund in the amount of$118,932.00, 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 investigation. Currently, there are five officers assigned to the Task Force. Pursuant to the Agreement, the DEA will reimburse the City of Fort Worth for the officers' overtime costs. Additionally, the Agreement reimburses the City of Fort Worth 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. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that the Police Department is responsible for the collection and deposit of funds due to the City. Upon approval of the above recommendations, execution of the Agreement, adoption of the attached appropriation ordinance and receipt of the reimbursement, these funds will be deposited into the Grants Fund. http://apps.cfwnet.org/council_packet/me review.asp?ID=21398&councildate=9/15/2015 9/16/2015 M&C Review Page 2 of 2 TO Fund/AccountlCenters FROM Fund/Account/Centers 321001 4310004 035XXXX $118.932.00 31 $118.932.00 21001 5XXXXXX 035XXXXXX010 Submitted for City Manager's Office by: Rudolph Jackson (6199) Originating Department Head: Rhonda Robertson (4231) Additional Information Contact: Aya Ealy (4239) ATTACHMENTS 35FY16DEA MULTI-AGENCY TASK FORCE 21002 AO FY2015.docx http://apps.cfwnet.org/council_packet/mc_review.asp?ID=21398&councildate=9/15/2015 9/16/2015