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0 CITY SECRETARY
CONTRACT NO.
FY 2019 Asset Forfeiture Sharing Agreement
HIDTA Group I
City of Fort Worth
Fort Worth Police Department
The U.S. Department of Justice,2018 Joint Guide to Equitable Sharing for State, Local, and Tribal
Law Enforcement, governs this Agreement. The State, Local, and Tribal Law Enforcement members
(the"Participants"), of the DEA HIDTA Group 1, 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. 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:
City of Fort Worth acting on behalf of the Fort Worth Police Department-one(1) Officers
assigned to the Task Force
Texoma HIDTA Regional Intelligence Support Center(RISC)-one (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 awarded in a case if victims
have not been fully compensated. State, Local, and Tribal government entities can be considered
victims. Participants acknowledge that the DOJ Money Laundering and Asset Recovery Section
(MLARS)will be the sole decider for 100%property requests.
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 an equitable, prearranged sharing percentage that fairly reflects the overall agencies'
investigative, financial, or administrative contributions to the task force and/or the agencies' efforts
resulting in federal forfeiture of the asset, including accounting for any participation by a federal
agency.
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.
The new minimum sharing amount is $500. Sharing is not automatically 80 percent. The actual
sharing amount allocated to participating agencies may be impacted by numerous factors. The sharing
percentages awarded to State, Local, and Tribal Law Enforcement agencies' is based on qualitative
and quantitative contributions, and is no longer deducted from the 20%federal share.
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 if non-MOT
OFFICIAL RECORD
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CITY SECRETARY
TX
FT. WORTH,TX
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 DOJ
receives a minimum of 20%.
Participants further understand that the federal decision-makers, including DEA, 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 equitable,prearranged sharing percentages shall continue to fairly
reflect Participant agencies' investigative, financial, or administrative contributions to the task force
and/or the agencies' efforts resulting in federal forfeiture of the asset.
This Sharing Agreement shall remain in force upon the addition or departure of law enforcement
agencies in the DEA HIDTA Group 1, High Intensity Drug Trafficking Areas 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).
Zalh 7
Clyde . S e Date
Special Agent in Charge
Dallas Field Division
For the City of Fort Worth/Fort Worth Police Department
Date:
Joel F. Fitzgerald. Sr. Ph.D.
Chief of Police
Fort Worth Police Department
OFFICIAL, RECORD
2 CITY SECRETARY
ET. WORTH,TX
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Date:
Jay Chapa
Assistant City Manager
City of Fort Worth
APPROVED AS TO FORM AND LEGALITY
Date:
Matthew A. Murray
Assistant City Attorney
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Date:
May J. Kays®r '
City Secretary -' a&C: C-0 5 1a 0 L I �8
1295:
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.
Date:
istin hton
rn
Finance Manager
3
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 12/4/2018 -Ordinance No.23488-12-2018
DATE: Tuesday,December 4, 2018 REFERENCE NO.: **C-28945
LOG NAME: 35FY2019 HIDTA EASTERN DRUG SQUAD GROUP 1
SUBJECT:
Authorize Execution of Agreement with the United States Department of
Justice,Drug Enforcement Administration for Reimbursement of Overtime
Costs in an Amount Up to $18,343.75 for Participation in the Texoma High
Intensity Drug Trafficking Areas Eastern Drug Squad/Group 1 Task Force for
Fiscal Year 2019, 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 an Agreement with the United States
Department of Justice,Drug Enforcement Administration for reimbursement of
overtime costs for participation in the Texoma High Intensity Drug
Trafficking Areas Eastern Drug Squad/Group 1 for Fiscal Year 2019;
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 in an amount up to $18,343.75 for the
reimbursement of overtime costs for one officer assigned to the Texoma High
Intensity Drug Trafficking Areas Eastern Drug Squad/Group 1 Task Force; and
4. Adopt the attached appropriation 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:
Since 1999,the City of Fort Worth has worked cooperatively with the United
States Department of Justice, Drug Enforcement Administration(DEA)to
address the problem of drug trafficking in North Texas through various task
forces. The Texoma High Intensity Drug Trafficking Areas (HIDTA)Eastern
Drug Squad/Group 1 Task Force seeks to disrupt the illicit drug traffic in
the City of Fort Worth by immobilizing targeted violators and trafficking
organizations,gathering and reporting intelligence data relating to
trafficking of narcotics and other dangerous drugs, and by conducting
undercover operations where appropriate.
The task force will also engage in other traditional methods of
investigations in order that the task force's activities will result in
effective prosecution in both State and federal courts.
The Fort Worth Police Department currently has one officer assigned to the
HIDTA Eastern Drug Squad/Group 1 Task Force. The City of Fort Worth will
be reimbursed by the DEA for overtime expenses related to the department's
participation in the task force in an amount not to exceed
$18,343.75. Benefits such as retirement,FICA and other expenses are not
reimbursable. No matching funds are required. This is a reimbursement
Agreement and indirect costs are prohibited.
This task force serves ALL COUNCIL DISTRICTS.
This contract will be with a governmental entity, state agency or public
institution of higher education: Drug Enforcement Administration(DEA).
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that upon approval of the above
recommendations,execution of the Agreement and the adoption of the
attached appropriation ordinance,funds will be available in the current
operating budget, as appropriated, of the Grants Operating Federal
Fund. This is a reimbursement grant. The Police Department is responsible
for requesting all reimbursements.
FUND IDENTIFIERS (FIDS):
iQ
Department Account Project Program Activity Budget Reference# Amount
Fund ID ID Year (Chartfield 2)
ER--M
Department Account Project Program Activity Budget Reference# Amount
Fund ID ID Year (Chartfield 2)
CERTIFICATIONS:
Submitted for Ci1y Manager's Office by: Jay Chapa (5804)
Originating Department Head: Joel F.Fitzgerald (423 1)
Additional Information Contact: Blessed Tsada (4217)
ATTACHMENTS
1. 35FY2019 HIDTA EASTERN DRUG SQUAD GROUP 121003 A019.docx (Publicl