Loading...
HomeMy WebLinkAboutContract 51620 z 0� CITYSECRETARY CON RACT N0. I c��G�ys FY 2019 Asset Forfeiture Sharing Agreement Tactical Diversion Squad/Fort Worth Police Department The Federal, state and local members(the "Participants"), of the DEA Tactical Diversion Squad 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. This agreement is made between the City of Fort Worth on behalf of the Fort Worth Police Department and the United States Department of Justice, Drug Enforcement Agency. The following are the Task Force Participants and their contribution to the Task Force: Benbrook PD/One (1) Task Force Officer assigned to the Task Force Ellis County SO/One (1) Task Force Officer assigned to the Task Force Fort Worth PD/One (1)Task Force Officer assigned to the Task Force Granbury PD/One (1) Task Force Officer assigned to the Task Force North Richland Hills PD/One (1) Task Force Officer assigned to the Task Force Parker County SO/One (1) Task Force Officer assigned to the Task Force Stephenville PD/One(1)Task Force Officer assigned to the Task Force Tarrant County SO/One(1) Task Force 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 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 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 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%. a RECORD --:, CRETARY 4ORTH,TX 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. This Sharing Agreement shall remain in force upon the addition or departure of law enforcement agencies in the DEA Tactical Diversion Squad 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). Clyde E. Shelley, Jr. Date` Special Agent in Charge Dallas Field Division For the City of Fort Worth/Fort Worth Police Department Joel F. Fitzgerald, Sr. Ph.D. Date Chief of Police Fort Worth Police Department _ a Jay Chapa Assistant City Manager City of Fort Worth OFFICIAL RECORD CITY SECRETARY FT. WORTH,TX APPROVED AS TO FORM AND LEGALITY Date: Matthew A. Murray Assistant City Attorney ` �© 7' ATTE ED B LJ * Date: Maly J. Kay City Secretary b la o�1�1� 1295: NA 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�- �---� Date: ,Kristina Ashton Finance Manager r OFFICIAL RECORD CITY SECRETARY FY WORTH,TX City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 12/4/2018 - Ordinance No.23489-12-2018 DATE: Tuesday, December 4, 2018 REFERENCE NO.: **C-28946 LOG NAME: 35FY2019DEATACDIV SUBJECT: Authorize Execution of Agreement with the United States Department of Justice,Drug Enforcement Administration,to Participate in the Drug Enforcement Administration Tactical Diversion Group Task Force,Authorize Acceptance of Reimbursement Funds in an Amount of$18,343.75, Authorize Execution of Asset Forfeiture Sharing Agreement and Adopt Appropriation Ordinance(ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council: 1. Authorize the execution of Agreement with the United States Department of Justice,Drug Enforcement Administration,to participate in the Drug Enforcement Administration Tactical Diversion Group Task Force; 2. Authorize the execution of an Asset Forfeiture Sharing Agreement governing the Task Force's equitable sharing requests and participation in the United States Department of Justice Equitable Sharing Program; 3. Authorize the acceptance of reimbursement funds in an amount of $18,343.75; and 4. Adopt the attached ordinance increasing estimated receipts and appropriations in the Grants Operating Other Fund in an amount of $18,343.75 upon execution of the Agreement. DISCUSSION: The Fort Worth Police Department has had an ongoing working relationship with the Drug Enforcement Administration(DEA)for the past several years and is looking to be part of the DEA Tactical Diversion Group Task Force (Task Force). The Fort Worth Police officer assigned to this Task Force will perform activities and duties such as investigating individuals and/or organizations involved in diversionary schemes,investigating and reporting intelligence data relating to trafficking of controlled pharmaceuticals, conducting undercover operations,and engaging in other traditional methods of investigations. There will be one officer assigned to the Task Force. Pursuant to the agreement, the DEA will reimburse the City of Fort Worth for the officer's overtime expenses. Indirect costs are not eligible for reimbursement.No matching funds are required. This Grant serves all Council Districts. This contract will be with a governmental entity,state agency or public institution of higher education: Drug Enforcement Administration FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that upon approval of the above recommendation, receipt of funding, and adoption of the attached appropriation ordinance, funds will be available in the current operating budget,as appropriated, of the Grants Operating Other Fund. This is a reimbursement grant. The Police Department is responsible for requesting all reimbursement. FUND IDENTIFIERS(FIDs): ig Department Account Project Program Activity Budget Reference Amount # Fund ID ID Year (Chartfield 2) FROM Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year (Chartfield 2) CERTIFICATIONS: Submitted for City Manager's Office by: Jay Chapa (5804) Originating Department Head: Joel F.Fitzgerald (423 1) Additional Information Contact: Blessed Tsada (4217) ATTACHMENTS 1. 35FY2019DEATACDIV 21003 A019.docx (Pubiic)