HomeMy WebLinkAboutContract 51484CITY SECRETARY q
`'ITRACT NO. 5K,
FY 2019 Asset Forfeiture Sharing Agreement
The Federal, state and local members (the "Participants"), of the DFW Airport/Interdiction High
Intensity Drug Trafficking Areas Task Force (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:
DFW Airport Police- One (1) Officer assigned to the Task Force
The Fort Worth Police Department - Two (2) Officers with canines, assigned to the Task Force
Irving Police Department - One (1) Officer assigned to the Task Force
Amtrak — One (1) Special Agent assigned to the Task Force
TEXOMA HIDTA Regional Intelligence Support Center (RISC)/ (1) Intelligence Support
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 award 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
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Cl fY SECRETARY
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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. By
entering into this MOU, neither party waives any of its immunities or defenses, whether in statute or
the common law.
This Sharing Agreement shall remain in force upon the addition or departure of law enforcement
agencies in the 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. The term
of this agreement shall be effective from the date of execution until September 30, 2019. 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).
For the Drug Enforcement Administration:
Clyde E. Shelle
Special Agent in Charge
For the Fort Worth Police Department:
Joel F. Fitzgerald, Sr. Ph.D.
Chief of Police
Fort Worth Police Department
7 T -,V I -- �� ar -
Jay Chapa
Assistant City Manager
City of Fort Worth
APPROVED AS TO FORM AND LEGALITY
Matthew A. Murray
Assistant City Attorney
Date:'
Date: '
Date:
Date:
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FT WORTH, TX
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ATTESTED BY: _r 0R
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Mary'J Kayser '
City Secretary l
CONTRACT COMPLIANCE MANAGER:
By signing I acknowledge that I am the person responsible
For the monitoring and administration of this contract,
including ensuring all performance and reporting requirements.
K 1�0:z
istina Ashton
Finance Manager
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CITY SECRETARY