HomeMy WebLinkAboutContract 53963 CITY SECRETARY
E�
r"'NTRACT N0. 3
FY 2020 Asset Forfeiture Sharing Agreement
HIDTA Task Force Group 2 (Dallas)
o� City of Fort Worth
Fort Worth Police Department
The U.S. Department of Justice, 2018 Joint Guide to Equitable Sharing for State and Local Law
Enforcement, governs this Agreement. The State and Local Law Enforcement members (the
"Participants"), of the DEA HIDTA Task Force Group (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:
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 and Local 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 part 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 and Local 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 (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 DOJ
receives a minimum of 20%. F�
OFFICIAL RECORD
CITY
WORTH,
�SEI RE E XTAR�pY
BIiI FT. ®R 0p H,
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 additional 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 enforc9ment
agencies in the DEA HIDTA Task Force Group 2 (Dallas). 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)
L ua vez2 Date
Special Agent in Charge
Dallas Field Division
0 _ _2-0
Edwin aus Date
Chief of Police
Fort Worth Police Department
Jay Chapa Date
Assistant City Manager
City of Fort Worth
APPROVE S TO FORM AND LEGALITY
dlIWO, b
Date
Assistant City Attorney
EFT
IAL RFCURO
ATTESTED BY: SECRETARY
ORTH, T
v� F o�
Mary J.K Date
City Secretary
M� C. a0-003 �T
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.
isti a Ashton Date
Finance Manager
0MUAL RECORD
CPTY SECRETARY
FT. WORTH, A
i
l
U.S. DEPARTMENT OF JUSTICE
OFFICE OF JUSTICE PROGRAMS
OFFICE OF THE COMPTROLLER
I
I CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION AND
OTHER RESPONSIBILITY MATTERS; AND DRUG-FREE WORKPLACE REQUIREMENTS
Applicants should refer to the regulations cited below to determine the certification to which they are required to
attest. Applicants should also review the instructions for certification included in the regulations before completing this
i from. Signature of this form provides for compliance with certification requirements under 28 CFR Part 69,"New
Restrictions on Lobbying"and 28 CFR Part 67, "Government-wide Department and Suspension(Nonprocurement) and
Government-wide Requirements for Drug-Free Workplace(Grants)."The certifications shall be treated as a material
representation of fact upon reliance will be placed when the Department of Justice determines to award the
covered transaction, grant, or cooperative agreement.
1. LOBBYING u IIIc (Federal.State,. r local) tea a do or c laing
t undder
u lr� transaction;, vio°lat+on of ,ecfera� or Intitrusr
As a uir d 42%b e ���� 13 Title 31 of the U,S. Code, aan� t�u es o commissiond of em ezfz emen� or e
F'art�Ei9,the a p a t c en qRee es hPa at b8� 8nas ae#ine�l eto2ts FR stater�ients,orcreceiving stolen property; recur s, �als�e
Are riot present) indict d for or th rw s chminall or civil)
(a) No Federal appropriate funds have been paid or will be paid, �fia ed p a fgoverYi#n ntal nt+t (�eTerati,eStcte, or Kcal wi�i
! or attemptinhqato influenced an+office'rtor any
nof pny agency fe o�t+hsis cegiifican&n;and o ens s enumerate in paragra�h f 1)
a Member oT Congress, an officer or employee of Congress, or
an employee of a Member of Congress in cpnneption with the
making ,of an Federal ggrant the enterin into of an d Have not within a thre - ear eriod a din thi a It atio
cooperative ageement, anc7 extension, cunt+ 9 anon, renewal, �d on r more ublr �{rYa sact+ nsecdeeral95tale,pgr�(oca�
amendment, or modification of any Federal grant or cooperative erminaecPfor cause or default;ancp
agreement;
B. Wher[e the a plica��tt is,unable to rtify to anY of the
stet me is in thisP rtification, he or s�ie shall attach an
b,+f an f ds othher than Federal a r priated funds have.be n exp�ana�ion to this appcfication.
d or Zvil�ae id to an v person fo lin'9fiencinor atom tin l
uence an o ter or eMppto ee an a �rik,a Me ;gn o�}
re s ar rL ice or empio le of Conn re� roa to eofal�ambse'r o on res i co ne op sa era n o DR -FRR ,�IQI )CPINAC�co �,,,eratix adreeJ�n n the r�c�ersig�e� salt cur ip e y n9 BRAN E5 PA RAN!N IVIDUALS)
cvities, n accordanoce with its+n�tructionsosure o o b in
! ACCnns Iree einr ddd bav� eCppu -Frrte��WSgrl�tllaacteFgrtoroff 198e8,sans
de�ine�at 28 C Para F Sections 57.615'and Ei� 1�S-
j (( The undersigned sh II re uir that the lanpuape f this cer-
ti lion b m li7 ed in t e awvr�doc ments Tdt Ir susawards a gl e a li p t certifies that it will or wilt continue to provide a
rec4ppients a 1f eeMe ts;Snd, su lc ) an�def ttTaf ak suT �ru -�ee�rK rac :
P rt� accordingly.
(a P b ishin a stet meant nbu noti In em toye�es that the
e g � odrarfs�e� sn sffiea ti�t� afis nw f ne fas�Certgsn g
beg=lTTF: IUN,AND UTNER fiagainst
I
ltX�!~iATTE emp yees or vi atio o such pro i Ilion;
I
kb� tstabli hin an
ongoing drug-tree awareness program to
As required by Executive Or dd r 12549, p barment nd orm emphoye�s bout-
Su en�i n,.anti im lemented ct Z CFR Prt 67,�#qr prose fr}��
�arc an i qr mparY c9 Ere transactions, as a pro a
FR art 7,�ec�ron 67.?16 (1)The dangers of drugs abuse in the workplace;
A. The applicant certifies that it and its principals:
(2)The grantee's policy of maintaining a drug-free workplace;
3) A available dru c unseling, rehabilitation, and employee
(a) Are not presently debarred, suspended, proposed for debar- tas'siSPance programs-,V&
ment declared ineliccti�ible, sentenced to a denial of Federal
be
by a State or�Federal)court,or voluntpanly excluded gfro Y O The�gr�alties that may.b� imwposled ucpon employees for drug
covered transactions b an Federal department or agency;; use v o a ions occurnra in he or a e;
c Mak n it a re rt�ment that each em to ee to be en a ed i
b�Have not wjthtn a ther a yea��erriiod reced�n t�i;daippltc lion heq�er�orlriPnce9 Fhj grant be given c�py of the stgatamenl
en convic e o r h a crvi, d � e t ren e�e a s rills t,e~ r ired b era ra a ;
ocr commis on of.rrau a cn i j'�o ense in con ection witr�i
tain+ng,,Won to o�i ain, or performing a
d) Noti��,,i� the em to a in he tatem nt eq ired b
eras rapRoyBa�ith�t,as�coync�ition oftempi�oymenl under tree graR,,
OJP FORM 4061/6(3-91)REPLACES OJP FORMS 406112,4062/3 AND 4061/4 VVHICH ARE OBSOLETE.
i
i
i
(1)Abide by the terms of the statement;and 801 Cherry Street Suite 700
(2 otify he employed in wri in of his.or her conviction fora Fort Worth, TX 76102
w la n o�2.a cumin ru staut� occurnn i the workplace no
la er �ian fve calendardagys a�ftersuch con, c{ion;
e) Ngti in the a ef�cr, &wntin with' c lendar days after
ecernn rTa ce Ceeesu �fra aph �a)� faorrn an er�ipE ee Check h there are workplace on file that are not identified
r oth is retie vi a ua noti
cerovid COW EN n. f ere.
0 rapr
m)S InPA C Vi2 � 1 off, s k es In aat b�en4ifi bon a {ncotan 67, 630 �f the reK�ulateions�Cov}dens.theat ahg�an�ee itF�aat i�g g o ice s I inc u e or �� cies
Y 1Q �°c�i shoeltl ce incl �ates andegtatt p8ge cation
naiqca
me s o each a cted rant; ea rte t f st
may el�ct to use U Form ice9/.
Takke�n one. of the. follow' actioons, withi 30 lend r
resypecRtogan�em�loyee�whous�eOrconvoietegrap� (d)( f wi Check f- if the State has elected to complete OJP Form
4061l7.
r1 Taking ap ro n to tso nel .action a mint such n �qCE
rreq�ii° men spo he� etna�il a��te�c�o ti*3'a�s a ended ore �,(�UqGREE V$RNPRE INDIVIDUALS)
07� RequirSp su em�l �e.10 a�ieCip a satisfactorily i a drug IMF,re�uiredd b ea� ua Feree WQrkp�laa to�4ct of 1988, and
u�s ses a ede�ale atle oro o a ea teRaw enuorcement, de me ait28 C Y rt tbons 5 andte�l.8� as
Er ether appropriate agency;
A. As a ti;o�ditiuf the gT&I certify that I will not engage in
(g) Making a good faith effort to continue to maintain a drug-free the unla u manu ctture, isteibution, di s ensin oss o
workplace through implementation of paragraphs(a), (b), (c), (d), ruse or a ontrofed substance m coneition 3gri�act1v wi
(e),and(f). Le grant; and
The rante ma insert in tie ace, rovided below t e ite B. If convinced of a criminal dru offense resulting.from a
s) f tN9e er orm�nce of work egne iRi connect'on wi tie violation occurring during the conduct of any qrant activity, I will
pectic grariR: report the convicTion, in writing, within 10 calendar days of the
conviction, to: Department of Justice, Office of Justice Programs,
Pla of Performance (Street address, city, country, state, zip ATTN: Control Desk, 633 Indiana Avenue, N.W., Washington,
cocFel D.C. 20531.
As the duly authorized representative of the applicant,I hereby certify that the applicant will comply with the above certifications.
1.Grantee Name and Address:
Fort Worth Police Department
505 W. Felix St.
Fort Worth,TX76115
2. Application Number and/or Project Name 3. Grantee IRSNendor Number
4. Typed Name and Title of Authorized Representative
JayChapa, assistant City Manager
5. Signature 6. Date
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA ru'I ORTN
DATE: 1/14/2020 REFERENCE **M&C 20- LOG NAME: 35FY2020HIDTA WESTERN
NO.: 0031 DRUG SQUAD GROUP 2
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
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
$130,543.00 for Participation in the Texoma High Intensity Drug Trafficking Areas
Western Drug Squad/Group 2 Task Force for Fiscal Year 2020, 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 Western Drug Squad/Group 2 Task Force for Fiscal Year 2020; and
2. Authorize the execution of an Asset Forfeiture Sharing Agreement governing the Texoma High
Intensity Drug Trafficking Areas Western Drug Squad/Group 2 Task Force equitable sharing requests
and participation in the United States Department of Justice Equitable Sharing Program; and
3. Authorize the acceptance of funds, in an amount up to $130,543.00, for the reimbursement of
overtime costs for seven officers assigned to the Texoma High Intensity Drug Trafficking Areas
Western Drug Squad/Group 2 Task Force; and
4. Adopt the attached Appropriation Ordinance increasing estimated receipts and appropriations in
the Grants Operating Federal Fund in an amount of$130,543.00, 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 problem of drug trafficking in North
Texas through various task forces. The Texoma High Intensity Drug Trafficking Areas (HIDTA)
Western Drug Squad/Group 2 Task Force (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 will assign seven officers to the Texoma HIDTA Western
Drug Squad/Group 2 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
$130,543.00. 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.
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.
TO
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year (Chartfield 2
FROM
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year Chartfield 2)
Submitted for City Manager's Office by: Jay Chapa (5804)
Originating Department Head: Ed Kraus (4231)
Additional Information Contact: Adriana Gonzales (4217)
ATTACHMENTS
35FY2020HIDTA WESTERN DRUG SQUAD GROUP 2 21001.docx