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HomeMy WebLinkAboutContract 56644 CITY SECRETARY CONTRACT NO. RECEIVED �,�Z yo�L•��tb FY 2022 Asset Forfeiture Sharing Agreement cvarMffWbN7H �' qr HIDTA Task Force Group 2 (Dallas) Fort Worth Police Department The U.S. Department of Justice, 2018 Joint Guide to Equitable Sharing for State, Local, and Tribal Law Enforcement Agencies, governs this Agreement. The State and Local Law Enforcement members ("Participants"), of the DEA HIDTA Task Force Group 2 (Dallas) ("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/One (1) 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 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%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%. 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%. OFFICIAL RECORD CITY SECRETARY FT. WORTH,TX 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 enforcement 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). For the Drug Enforcement Administration: Date: Eduardo A. ez Special Agent in Charge Dallas Field Division For the City of Fort Worth: / �z & ZaDate: 1it No es hief of Police City of Fort Worth Date: ✓G� Jay Chapa Deputy City Manager City of Fort Worth OFFICIAL RECORD, � CITY SECRETARY FT. WORTH,TX APPROVE AS TO FORM AND LEGALITY: Date: d Z Taylor . Paris Assistant City Attorney ATTESTED BY: Q•�,Z�ag �`, ''�-•R,r• ,. ..,date: ���3��k 4� 12or,oad P. el6r1zale (�ii'v Cans+ary AaglM Gttj & 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. ` Gsl Date: ?-03- 2-0 Adraina Gonzales Management Analyst OFFICIAL RECORD COTY SECRETARY 9/22/2021 M&C Review I . Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA FOftq T o m DATE: 9/21/2021 REFERENCE LOG NAME: 35FY= HIDTA TASK FORCE NO.: G:ZOUP 2 CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: (ALL) Authorize Execution of an Agreement with the United States Department of Justice, Drug Enforcement Administration for Reimbursement of Overtime Costs in an Amount Up to $19,372.00 for Participation in the Texoma High Intensity Drug Trafficking Areas Task Force Group 2 for Fiscal Year 2022, Authorize Execution of Asset Forfeiture Sharing Agreement and Adopt Attached Appropriation Ordinance 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 Task Force Group 2 for Fiscal Year 2022; 2. Authorize the execution of an Asset Forfeiture Sharing Agreement governing the Texoma High Intensity Drug Trafficking Areas Task Force Group 2 equitable sharing requests and participation in the United States Department of Justice Equitable Sharing Program; 3. Authorize the acceptance of funds, in an amount up to $19,372.00, for the reimbursement of overtime costs for one officer assigned to the Texoma High Intensity Drug Trafficking Areas Task Force Group 2; and 4. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grants Operating Federal Fund, subject to receipt of the grant, in an amount up to $19,372.00, for the purpose of reimbursements for overtime costs from United States Department of Justice, Drug Enforcement Administration. 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) Task Force Group 2 (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 will assign one officer to the HIDTA Task Force Group 2. 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 up to $19,372.00, Benefits such as retirement, FICA and other expenses are not reimbursable. This is a reimbursement agreement and indirect costs are prohibited. No matching funds are required. This Task Force serves ALL COUNCIL DISTRICTS. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds will be available in the current operating budget, as appropriated, in the Grants Operating Federal Fund. The Police Department (and Financial Management Services)will be responsible for the collection and deposit of funds due to the City. Prior apps.cfwnet.org/council_packet/mc_review.asp?I D=29267&councildate=9/21/2021 1/2 9/22/2021 M&C Review to expenditure being incurred, the Police Department has the responsibility to validate the availability of funds. This is a reimbursement grant. 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: Neil Noakes (4212) Additional Information Contact: Sarah Shannon (4254) Adriana Gonzales (4217) ATTACHMENTS 35FY2022 HIDTA TASK FORCE GROUP 2 21001 A021(r4) revised.docx apps.cfwnet.org/council_packet/mc_review.asp?I D=29267&counci ddate=9/21/2021 2/2