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HomeMy WebLinkAboutContract 37008 CITY SECRETARY DOS CONTRACT NO. Memorandum of Understanding Between Criminal District Attorney of Tarrant County (Tarrant County Narcotics Unit) and The City of Fort Worth WHEREAS, The City of Fort Worth has agreed to assign ten (10) Police Officers to the Tarrant County Criminal District of Tarrant County Narcotics Unit, a cooperative operation of law enforcement agencies wherein Tarrant County; and WHEREAS, the Office of the Criminal District Attorney of Tarrant County, Texas (through the efforts of the Tarrant County Narcotics Unit) and the City of Fort Worth (through the Fort Worth Police Department) are desirous of entering into an agreement between the parties regulating the disposition of property and moneys (as defined by law) seized by Officers of the Fort Worth Police Department while assigned to the Tarrant County Narcotics Unit and pursuant to civil and criminal laws of the State of Texas; and WHEREAS, the parties to this Agreement are identified as the Criminal District Attorney of Tarrant County, Texas (hereinafter referred to as the District Attorney), and the City of Fort Worth (herinafter referred to as the City); and WHEREAS, the District Attorney and the City have previously entered into a Memorandum of Understanding already executed, and under which the District Attorney and the City are operating, said Memorandum dated August 13, 1990; and WHEREAS, the Memorandum of Understanding dated August 13, 1990 is still in effect and is not affected by this Agreement, and METNIQRA& -OF UNDERSTANDING PAGE 1 04-24-08 P02: 06 N WHEREAS, the District Attorney of Tarrant County, Texas has the duty to represent the State of Texas regarding forfeitures of property pursuant to various civil criminal statutes; and WHEREAS, the City has assigned (10) ten Police Officers to the Tarrant County Narcotics Unit, a cooperative operation of law enforcement agencies within Tarrant County, which has a duty to provide law enforcement service with particular interest in, but not limited to, enforcing the laws outlined in the Texas Health and Safety Code; NOW, THEREFORE, IT IS MUTUALLY AGREED, by and between the District Attorney and the City as follows: 1. This Agreement constitutes a local cooperative working Agreement between the parties;. 2. The District Attorney shall diligently pursue all prosecutable forfeiture actions, as defined by Chapter 59, Texas Code of Criminal Procedure, which arise from operations and efforts initiated, investigated, seized, referred to or consulted on by the Fort Worth Police Officers assigned to the Tarrant County Narcotics Unit; . 3. Property seized for forfeiture under Chapter 59, Texas Code of Criminal Procedure by the Fort Worth Police Officers assigned to the Tarrant County Narcotics Unit under the provisions of law and this Agreement shall remain in the custody of the District Attorney and/or seizing agency until final disposition of the forfeiture action,. 4. Monies seized for forfeiture under Chapter 59, Texas Code of Criminal Procedure by the Fort Worth Police Officers assigned to the Tarrant County Narcotics Unit, under the provisions of law and this Agreement shall be placed in the custody of the District Attorney until final disposition of the forfeiture action provided such monies are maintained in a separate bank account. � rfwJs. a: v0�:� MEMORANDUM OF UNDERSTANDING PAGE 2 5. Upon final disposition of the forfeiture action, and after deducting costs and fees incurred pursuant to that forfeiture proceeding. Those costs and fees include any outstanding liens on the property, maintenance costs, service of documents, payment for expert witness testimony, and/or costs of printed telephone records. All remaining monies, interest accrued, and all property attributable to the efforts and operations of the Fort Worth Police Officers assigned to the Tarrant County Narcotics Unit shall be awarded to the District Attorney and to a special account assigned to the Field Office where the said Fort Worth Police Officers are assigned, in the following manner; 60% of the final disposition amount shall be awarded to the Tarrant County Narcotics Unit and 40% of the final disposition amount awarded shall be deposited in a special account to the Particular Field Office where the Fort Worth Police Officers are assigned. That special account shall be periodically disbursed to the agencies supplying officers to that Field Office based upon each agency's number of officers assigned to that Field Office divided by the total number of officers assigned to that Field Office. 6. Property awarded to the Tarrant County Narcotics Unit shall be administered in accordance with Article 59.06 of the Texas Code of Criminal Procedure. If awarded property is sold, it shall be sold in any commercially reasonable manner. Monies generated from the sale of property will be divided in the same manner as awarded monies. 7. Nothing in the explanation of the division of seized and awarded property precludes the assignment for service of the property if there is a legitimate law enforcement purpose behind such assignment, that is, property awarded by the Court to the Unit can be used at a requesting field office, instead of being sold at auction. When the property is no longer needed, e property will be returned and sold. MEMORANDUM OF UNDERSTANDING PAGE 3 8. Monies and property awarded to the Tarrant County Narcotics Unit, or the Fort Worth Police Department is to be handled according to guidelines as described in Article 59 of the Texas Code of Criminal Procedure and the United States Department of Justice, Office of Justice Programs Financial Guide. 9. This Agreement begins on February 29, 2008 and remains in effect through February 28, 2009. The Agreement shall then renew automatically for one year periods indefinitely unless it is until modified, updated or terminated. 10. Any modifications to this Agreement must be in writing and approved by both the District Attorney and the City. 11. This Agreement may be terminated by either party by the giving of 30 days written notice to the address below. 12. Each party paying for the performance of governmental functions or services under this Agreement shall make those payments from current revenues available to the paying party. 13. Notice to the District Attorney shall be sent to: Tim Curry, Criminal District Attorney Tarrant County District Attorney's Office 401 W. Belknap Fort Worth, Texas 76196 Notice to the City shall be sent to: Chief of Police Fort Worth Police Department 350 W. Belknap Fort Worth, Texas 76102 (SIGNATURES ARE ON THE FOLLOWING PAGE) (THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK) MEMORANDUM OF UNDERSTANDING PAGE 4 CRIMINAL DISTRICT ATTORNEY CITY OF FORT WORTH OF TARRANT COUNTY AA TIM CURRY JOE GUA Criminal District Attorney First ssis ant Cit Manager Tarrant County, Texas Date: Date: i5 APPROVED AS TO FORM AND LEGALITY: KAREN ANDERSON Assistant City Attorney IT SECRETARY M&C No. C Ordinance No. Contract No. 3-7 o02 CITY_�bl'-" 7� � MEMORANDUM OF UNDERSTANDING PAGE 5 City of Fort Worth, Texas Mayor and Council Communication DATE: Tuesday, April 22, 2008 LOG NAME: 35TCNARC REFERENCE NO.: **C-22775 SUBJECT: Authorize the City Manager to Ratify and to Execute an Agreement with the Tarrant County Criminal District Attorney to Regulate the Disposition of Property and Money Seized Under this Agreement, and to Ratify all Expenditures Made and Revenues Collected Under this Agreement RECOMMENDATION: It is recommended that the City Council: 1. Authorize the City Manager to ratify execution of an Agreement with the Tarrant County Criminal District Attorney to establish guidelines and procedures to regulate the distribution of property and money seized under this Agreement; 2: Authorize the Agreement to begin February 29, 2008 and to remain in effect through February 28, 2009, and to renew automatically for one year periods indefinitely unless it is modified, updated or terminated in writing, by either party; and 3. Ratify all expenditures made and revenues collected under this Agreement. DISCUSSION: The City of Fort Worth (acting through the Fort Worth Police Department) has been an active participant in the mission of the joint organization with the Tarrant County Criminal District Attorney (acting through the Tarrant County Narcotics Unit) to reduce the volume of narcotics and controlled substances being trafficked into, and distributed in, North Texas. The City has agreed to assign 10 Police Officers to this law enforcement organization, the Tarrant County Narcotics Unit, which has the duty to provide law enforcement services with particular interest in enforcing the laws outlined in the Texas Health and Safety Code. The distribution of property and money seized by this organization will be disposed of pursuant to civil and criminal laws of the State of Texas. Property and money seized for forfeiture under this Agreement will remain in the custody of the District Attorney until final disposition of the forfeiture action. Final disposition of the forfeiture action will result in the Tarrant County Narcotics Unit receiving 60 percent of the final disposition amount and 40 percent being awarded to the Field Office where the Fort Worth officers are assigned. The City will receive its proportionate share based upon the number of Fort Worth officers assigned to that Field Office divided by the total number of officers assigned to that Field Office. Alternatively, if the property can be used by the Field Office, the property can be used until it is no longer needed, and then it will be returned and sold at auction. Money generated from the sale of property seized will be disbursed in the same manner as awarded money. Logname: 35TCNARC Page 1 of 2 FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that the Police Department is responsible for the collection of revenues under this Agreement. TO Fund/Account/Centers FROM Fund/Account/Centers R108 488332 0351000 $0.00 Submitted for City Manager's Office by. Joe Paniagua (6575) Originating Department Head: Patricia J. Kneblick (4212) Additional Information Contact: Kara Shuror (4221) Logname: 35TCNARC Page 2 of 2