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HomeMy WebLinkAboutContract 47692 COKITRACT M0. 011,, FY 2016 Asset Forfeiture Sharing Agreement The Federal, state and local members (the "Participants"), of the DEA HIDTA 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: City of Fort Worth/ Fort Worth Police Department /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, 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 TFOs 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 parry 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. 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. �OFFICIAI- RY CITY S6CROA This Sharing Agreement shall remain in force upon the addition or departure of law enforcement agencies in the DEA HIDTA Group 2 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 Wiles Date Special Agent in Charge Dallas Field Division Date For the Fort Worth Police'Department Date: Joel Fitzge Id Chief of Police City of Fort Worth For the City of Fort Worth Vat) Date: P/ 3011� Valerie Washington Assistant City Manager City of Fort Worth APPROVED AND TO FORM AND LEGALITY: Victoria Honey Assistant City Attorney ATTEST 0 ®° � �� �0� � �a ,A Mary Kayse $ AS °a LC 1 RECORD City Secretary t °oma°°°°°`� ftETARY uiTH,TX M&C Review Page 1 of 2 Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA FOR H COUNCIL ACTION: Approved on 8/25/2015 - Ordinance No. 21844-08-2015 DATE: 8/25/2015 REFERENCE NO.: **C-27428 LOG NAME: 352016 HIDTA 2 CODE: C TYPE: CONSENT PUBLIC HEARING: NO SUBJECT: Authorize Execution of an Agreement with the United States Department of Justice, Drug Enforcement Administration to Participate in the North Texas High Intensity Drug Trafficking Area Task Force, Authorize Acceptance of Reimbursement Funds in the Amount of$140,384.00 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 North Texas High Intensity Drug Trafficking Area Task Force; 2. Authorize the acceptance of reimbursement funds for the overtime costs of eight officers assigned to the North Texas High Intensity Drug Trafficking Area Task Force in the amount of$140,384.00; and 3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in Grants Fund in the amount of$140,384.00, 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 issue of drug trafficking in North Texas. The North Texas High Intensity Drug Trafficking Area (HIDTA) Group 2 Task Force seeks to reduce the volume of narcotics and controlled substances being trafficked into and distributed from the North Texas area through aggressive detection, enforcement and prosecution of individuals and enterprises engaged in such illegal activities. The HIDTA Group 2 Task Force focuses on major drug trafficking organizations. The Fort Worth Police Department currently has eight officers assigned to the HIDTA Group 2 Task Force. The City of Fort Worth will be reimbursed by the DEA for overtime expenses related to the officers' participation in the HIDTA Group 2 Task Force in the amount of$140,384.00. Indirect costs are not allowable expenses under this Agreement. 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/mc review.asp?ID=21369&councildate=8/25/2015 4/15/2016 M&C Review Page 2 of 2 TO Fund/Account/Centers FROM Fund/Account/Centers GR76 451891 035423XXX000 $140,384.00 3) GR76 5 (VARIOUS) 035423XXX010 $140.384.00 Submitted for City Manager's Office by: Rudolph Jackson (6199) Originating Department Head: Rhonda Robertson (4231) Additional Information Contact: Aya Ealy (4239) ATTACHMENTS 352016 HIDTA 2 GR76 AO FY2015.docx http://apps.cfwnet.org/council_packet/mc review.asp?ID=21369&councildate=8/25/2015 4/15/2016