HomeMy WebLinkAboutContract 41505 CITY SECRETARY/ 1 _
CONTRACT NO. `t 15 b—
NORTH TEXAS ASSET FORFEITURE TASK FORCE
MEMORANDUM OF UNDERSTANDING
PURPOSE
This Memorandum of Understanding (MOU) is executed in order to memorialize the
agreement and set forth the terms and conditions between the Internal Revenue
Service, Criminal Investigation and the City of Fort Worth, by and through the City of
Fort Worth Police Department ("Fort Worth Police Department"), which have agreed to
combine investigative efforts with the following agencies in the Dallas-Fort Worth
metroplex area:
Internal Revenue Service Criminal Investigation
Fort Worth Police Department
Flower Mound Police Department
Dallas Police Department
Plano Police Department
Arlington Police Department
Smith County District Attorney's Office
Jefferson County District Attorney's Office
Denton County District Attorney's Office
MISSION OF THE TASK FORCE
The mission of the task force will be to develop and assist with criminal investigations
and asset forfeitures of illegal activities in the North Texas area. The emphasis of the
task force is to pursue investigations on individuals and organizations that will result in
criminal prosecutions and large asset forfeitures.
PERSONNEL
1) During the period of the assignment, the representatives remain under the
supervision of their respective departments.
2) IRS, Criminal Investigation, will assign one Supervisory Special Agent, one Senior
Special Agent/Coordinator and four additional Special Agents. The IRS, Criminal
Investigation will be responsible for the management, supervision and coordination
of all investigative and operational activities.
3) Task Force personnel shall adhere to all Department of Treasury and IRS, Cl
policies and procedures, except where Treasury and/or IRS policies are in conflict
with the policies and procedures of the member's parent agency. In these
instances, the parent agency will request in writing to the Supervisory Special Agent
that its employee follow the policies and procedures of the parent agency. If the
Supervisory Special Agent does not assent to the request, the SAC and Chief Law
Enforcement Officer of the respective agencies will resolve the matter. Failure to
adhere to established policies and procedures may be grounds for immediate
removal of the officers from the task force.
OFFICIAL RECORD
CITY SECRETARY 1 of 6
aT. WORTH,TX
4) Personnel assigned to the task force shall be designated as full or part time in
accordance with an agreement of their respective agencies. It is understood that
personnel assigned to the task force may continue to have duties (training,
administrative duties, etc.) that are linked to their respective agency. Additional
personnel may be allowed to participate on a case by case basis.
5) It is agreed that the Supervisory Special Agent will contact the immediate supervisor
(or other agency designee) of any personnel assigned whose performance or
conduct is questioned. Any related matters will be coordinated with the
supervisor/designee.
6) During the period of assignment, each agency representative will report to his/her
respective agency for personnel administrative matters. Each agency shall be
responsible for pay, overtime, annual leave, and performance evaluations, etc. of its
own employees. All payments made under this agreement by the City of Fort Worth
must come from current revenues available to the paying party. Agencies will be
reimbursed for overtime and related travel from the Treasury Forfeiture Fund, upon
submission of Department of Treasury Form 9972, Request for Reimbursement of
Joint Operation Expenses. This form, with necessary documentation, will be
submitted monthly to the Supervisory Special Agent.
ADMINISTRATIVE ISSUES:
7) All computer and related equipment assigned to the task force personnel will be
used for official purposes only, and remains the property of the task force.
8) The Supervisory Special Agent will be responsible for the oversight and
administration of all Federal grants and equitable sharing distributions.
9) The task force will be located at HIDTA, 8404 Esters Blvd., Suite 100, Irving, TX
75063. The IRS, Cl will provide all necessary secretarial, clerical, automation and
technical support for the task force.
10)In no event will the member agencies charge the IRS for administration or
implementation of this memorandum of understanding.
11)All members of the task force agree not to knowingly act unilaterally on any matter
affecting the task force without first coordinating with the Supervisory Special Agent.
DEPUTATION
12)Personnel from state and local law enforcement agencies assigned full time to the
task force shall be cross-designated as IRS Task Force Officers and/or Deputy
United States Marshals.
13)No action will be taken by any task force officer, utilizing their federal authority,
without approval of the Supervisory Special Agent.
INVESTIGATIVE MATTERS
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14)The IRS will provide the necessary funds for the operational expenses, and for the
purchase of evidence and information that relates to investigations and intelligence
gathering.
15)The task force investigative procedure will conform to the requirements for Federal
prosecution. A determination will be made on a case by case basis whether the
prosecution of cases will be at the State or Federal level. The criteria for the
decision will be which level of prosecution would better advance the interests of
justice.
16)Access to and use of task force records will be in accordance with Federal Law and
Department of Treasury and IRS regulations and policy, including but not limited to
the Freedom of Information and Privacy Acts.
17)The IRS is responsible for tax administration and the investigation of criminal
violations of the Internal Revenue Code, (Title 26, United States Code). Internal
Revenue Code, Section 6103, restricts the disclosure of tax or tax return information
except as provided by Section 6103. Reports recommending the prosecution of
persons for criminal tax violations are subject to review by IRS counsel.
Prosecution reports must also be referred to the Department of Justice (Tax
Division) for their review and approval prior to prosecution.
INFORMANTS
18)All confidential and cooperating witnesses exclusively developed through the task
force will be opened as IRS informants, sources, assets or cooperating witnesses,
and handled in accordance with IRS guidelines, policy and procedures.
19)IRS, as permitted by Federal law, agrees to pay reasonable and necessary
informant expenses incurred by the task force. The IRS must approve all informant
related expenses before they are incurred.
FORFEITURE
20)Assets seized in connection with the task force will be forfeited under Federal and/or
State laws. The Supervisory Special Agent will recommend the equitable sharing
percentage for participating agencies for all assets seized during the course of task
force investigations. The Agreement between the Internal Revenue Service,
Criminal Investigation and The City of Fort Worth, by and through the City of Fort
Worth Police Department, for Equitable Sharing from Asset Seizure and Forfeiture
has been set out for the Fort Worth Police Department, and is attached to this
agreement as "Exhibit A". Additionally, the Agreement between Treasury Law
Enforcement Agencies and Local, County and State Law Enforcement Agencies for
the Reimbursement of Expenses (Form 9975) is attached as "Exhibit B," which
establishes the procedures and responsibilities of both, the City of Fort Worth and
the Internal Revenue Service, Criminal Investigation, for the reimbursement of
certain overtime and other expenses.
21)All sharing is within the discretionary authority of the Department of the Treasury, as
provided by 18 U.S.C. 981(e)(2), and the Secretary of the Treasury's Guidelines on
Seized and Forfeited Property.
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MEDIA
22)All media issues will be coordinated with the SAC and Public Information Officer of
the IRS. All press releases and/or contacts will be pursuant to U.S. Attorney
Guidelines.
TRAVEL
23)All task force related travel shall require the approval of the agency employing the
individual. All individuals will be responsible for securing his/her own agency's
approval for all travel.
24)For international travel, the IRS will obtain country clearances for all task force
members. For domestic travel, each agency member will be responsible for
appropriate notifications within their own agency.
25)Reimbursement for case related and training travel will be requested from the
Treasury Asset Forfeiture Fund. Each participating agency will submit required
documentation to the Supervisory Special Agent monthly for travel reimbursement.
LIABILITY
26)Unless specifically addressed by the terms of this MOU, the parties agree to be
responsible for the negligent or wrongful acts or omissions of their respective
employees. Legal representation by the U.S. is determined by the Department of
Justice (DOJ) on a case-by-case basis. The IRS cannot guarantee the U.S. will
provide legal representation to any Federal or State law enforcement officer or
employee.
27)Congress has provided that the exclusive remedy for the negligent or wrongful act
or omission of an employee of the U.S. government, acting within the scope of
his/her employment, shall be an action against the U.S. under the Federal Tort
Claims Act (FICA), 28 U.S.C., Section 1346(b), and Sections 2671 - 2680.
28)For the limited purpose of defending claims arising out of TASK FORCE activity,
state officers who have been specifically deputized, and who are acting within the
course and scope of their official duties and assignments, pursuant to this MOU,
may be considered an "employee" of the U.S. government, as defined in 28 U.S.C.,
Section 2671. See 5 U.S.C., Section 3374(c)(2).
29)Under the Federal Employees Liability Reform and Tort Compensation Act of 1998
(commonly known as the Westfall Act), 28 U.S.C., Section 2679(b)(1), the Attorney
General or his/her designee may certify that an individual defendant acted within the
scope of his employment at the time of the incident giving rise to the suit. ID., 28
U.S.C., Section 2679(d)(2). The U.S. can then be substituted for the employee as
the sole defendant with respect to any tort claims. 28 U.S.C. Section, 2679(d)(2). If
the U.S. is substituted as defendant, the individual employee is thereby protected
from suits in his official capacity.
30)If the Attorney General declines to certify that an employee was acting within the
scope of employment, "the employee may at any time before trial petition the court
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to find and certify that the employee was acting within the scope of his office or
employment." 28 U.S.C., Section 2679(d)(3).
31)Liability for any negligent or willful acts of TASK FORCE members, undertaken
outside the terms of this MOU will be the sole responsibility of the respective
employee and agency involved.
32)Liability for violations of Federal constitutional law rests with the individual Federal
agent or officer pursuant to Bivens v. Six Unknown Named Agents of the Federal
Bureau of Narcotics. 403 U.S. 388 (1971) or pursuant to 42 U.S.C., Section 1983
for state officers or cross-deputized federal officers.
33)Both state and federal officers enjoy qualified immunity from suit for constitutional
torts, "insofar as their conduct does not violate clearly established statutory or
constitutional rights of which a reasonable person would have known." Harlow v.
Fitzgerald. 457 U.S. 800 (1982).
34)Task force officers may request representation by the U.S. Department of Justice for
civil suits against them in their individual capacities for actions taken within the
scope of employment. 28 C.F.R., Sections 50.15, 50.16.
35)An employee may be provided representation "when the actions for which
representation is requested reasonably appears to have been performed within the
scope of the employee's employment, and the Attorney General, or his/her
designee, determines that providing representation would otherwise be in the
interest of the U.S." 28 C.F.R., Section 50.15(a).
36)If a task force officer is found to be liable for a constitutional tort, he/she may
request indemnification from DOJ to satisfy an adverse judgment rendered against
the employee in his/her individual capacity. 28 C.F.R., Section 50.15(c)(4). The
criteria for payment are substantially similar to those used to determine whether a
Federal employee is entitled to DOJ representation under 28 C.F.R., Section
50.15(a).
DURATION:
37)The term of this MOU shall be from October 1, 2010 through September 30, 2013.
Upon termination of the task force, or withdrawal by an agency, all equipment will be
returned to the IRS.
38)The provisions of the LIABILITY section will continue until all potential liabilities have
lapsed.
OTHER:
39)To the extent there is any conflict between Federal law and the law of The State of
Texas, Federal law controls. While Texas law may be used to aid in the
interpretation of provisions of the MOU which are not specifically covered by Federal
law, it cannot be used to the extent it is inconsistent with any Federal law.
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40)The terms of this Agreement are not intended to alter, amend, or rescind any current
agreement or provision of Federal law now in effect. Any provision of this MOU
which conflicts with Federal law will be null and void.
41)This MOU does not confer any rights or benefits on any third party.
42)This Agreement may be amended at any time by mutual written consent of all
Parties.
The undersigned agree that their agency will participate in the North Texas Asset
Forfeiture Task Force, and agrees that their agency will abide by the policies set forth
herein this agreement
Andrea D. Whelan Date /
Special Agent in Charge
Internal Revenue Service, Criminal Investigation
Dallas Field Office
W.7� `-13-10
J ffrey . Hal stead Date
Chief of Police
Fort Worth Police Department
ate
orne
C' o
APPROVED AS TO FORM AND LEGALITY:
Date ��j � ( 0
City Attorney
City of Fort Worth
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AGREEMENT BETWEEN THE INTERNAL REVENUE SERVICE,
CRIMINAL INVESTIGATION
and
THE FORT WORTH POLICE DEPARTMENT
FOR EQUITABLE SHARING FROM ASSET SEIZURE AND FORFEITURE
This agreement is entered into by the Fort Worth Police Department and the Internal
Revenue Service, Criminal Investigation, for the purpose of equitable sharing from asset
seizure and forfeiture by the Fort Worth Police Department pursuant to a joint
operation/task force.
I. LIFE OF THIS AGREEMENT
This agreement is effective on the date it is signed by both parties and terminates
on the last day of the current Fiscal Year. Agreements are required on a Fiscal
Year basis and must be renewed, if appropriate, by September 30th of each
Fiscal Year for the following Fiscal Year.
II. AUTHORITY
This agreement is established pursuant to the provisions of Department of
Treasury Guide to Equitable Sharing for Foreign Countries and Federal, State, or
Local Law Enforcement Agencies which provides for that equitable sharing can
only occur after the federal forfeiture has been completed, the United States has
taken clear title to the property, and a final sharing decision has been made by
the appropriate Treasury official.
III. PURPOSE OF THIS AGREEMENT
This agreement establishes the procedures and responsibilities of both the Fort
Worth Police Department and the Internal Revenue Service, Criminal
Investigation, for equitable sharing from asset seizure and forfeiture pursuant to
the Department of Treasury Guide to Equitable Sharing for Foreign Countries
and Federal, State, or Local Law Enforcement Agencies.
IV. NAME OF JOINT OPERATION/TASK FORCE
The name of this task force is the North Texas Asset Forfeiture Task Force.
Project dates of remaining operation: October 1, 2010 to September 30, 2011.
Exhibit "A" of MOU
V. CONDITIONS AND PROCEDURES
A. Assignment of Fort Worth Police Department Officers
To the maximum extent possible, the Fort Worth Police Department shall
assign dedicated officers to the joint operations/task forces.
The Fort Worth Police Department shall provide the Internal Revenue
Service, Criminal Investigation, with the names, titles, badge or ID numbers
of the officers to the joint operation/task force in an attachment to this
agreement.
B. Request for Equitable Sharing
1. The Fort Worth Police Department may request an equitable share of
forfeited property, or the net proceeds of forfeited property from the direct
or indirect participation of an investigation or prosecution resulting in a
Federal forfeiture by the Internal Revenue Service, Criminal Investigation.
2. Equitable sharing is based upon net proceeds of the forfeiture. Net
proceeds are defined as the gross receipts from forfeiture or sale of the
forfeited property less:
A. Payments to third-party interest.
B. Payments for Cl case-related expenses.
C. Payments to informants as they relate to the seizure/forfeiture.
D. Treasury property management expenses and/or any payments for
reimbursement from the Treasury Forfeiture Fund to the Fort Worth
Police Department relating to the seizure/forfeiture.
3. Treasury policy directs that sharing reflect the degree of direct or indirect
participation of the agency in the law enforcement effort that resulted in
the forfeiture. Normally the criterion in this determination involves the
number of hours expended by the Fort Worth Police Department and the
Internal Revenue Service, expressed as a percentage of the total.
All sharing is within the discretionary authority of the Department of the
Treasury, 18 U.S.C. 981(e)(2), and the Secretary of the Treasury's
Guidelines on Seized and Forfeited Property.
4. There may be times, where hours expended on the investigation by the
Fort Worth Police Department do not fully reflect its assistance in the
seizure/forfeiture. Additional factors may be considered to justify sharing
percentages. Additional justification should be in writing and in sufficient
narrative form as an attachment to Treasury Form TDF 92-22.46
(Request for the Equitable Sharing of Federally Forfeited Property).
Exhibit"A" of MOU
5. The Treasury Forfeiture Fund will retain at least 20 percent of the net
proceeds in all seizure-related investigation, the remaining 80 percent or
less will be allocated between the Fort Worth Police Department, the
other participating departments, and the Internal Revenue Service based
upon the criteria outlined in paragraph 3 and 4 of this section.
6. If a seizure consists of a single asset, which is requested by the Fort
Worth Police Department, the Internal Revenue Service shall recover its
cost and its equitable share. If the Fort Worth Police Department is
unable to pay the Internal Revenue Service's cost and equitable share,
the property shall be sold and the proceeds equitably distributed.
7. The Fort Worth Police Department will request a share of the forfeiture
property by submitting a Treasury Form TDF 92-22.46 (Request for the
Equitable Sharing of Federally Forfeited Property) to the Dallas Field
Office Asset Forfeiture Coordinator (AFC). Treasury Form TDF 92-22.46
must be submitted within 60 calendar days of the effective seizure date.
The 60 day rule may be waived based upon a written request to the
Dallas Field Office Asset Forfeiture Coordinator(AFC) stating the reasons
for the late submission of the equitable sharing request and provide
specific justification for the waiver. The waiver should be accompanying
the Treasury Form TDF 92-22.46.
8. The Fort Worth Police Department must be aware of specific limitations
imposed upon the use of equitable shared property as set forth in Section
X of the Treasury Guide to Equitable Sharing.
C. AUDIT
If the Fort Worth Police Department receives more than $100,000.00 in
shared cash, proceeds, or tangible property from the Internal Revenue
Service, Criminal Investigation in a single fiscal year, the Fort Worth Police
Department must ensure that a standard financial audit is performed
annually, consistent with the guidelines in Appendix D and E of the Treasury
Equitable Sharing Guide. An independent accounting firm may be engaged to
perform the required audit and may be paid from shared cash or proceeds.
The audit report must be sent to the Director, Executive Office for Asset
Forfeiture, Department of the Treasury, Suite 700, 740 15`h Street NW,
Washington, DC 20220.
At the conclusion of the fiscal year for the Fort Worth Police Department, the
agency must also prepare the Annual Certification Report contained in the
Department of the Treasury Guide to Equitable Sharing, Appendix D. The
Annual Certification Report must also be sent to the Director, Executive
Office for Asset Forfeiture.
D. REVISIONS
Exhibit "A" of MOU
The terms of this agreement may be amended upon the written approval of
both, the Fort Worth Police Department and the Internal Revenue Service,
Criminal Investigation. The revisions become effective upon the date of
approval.
E. NO PRIVATE RIGHT CREATED
This is an internal government agreement between the Internal Revenue
Service, Criminal Investigation, a Treasury law enforcement agency, and the
Fort Worth Police Department, a local law enforcement agency, and is not
intended to confer any right or benefit to any private individual or party.
Je rey W. Halstead Andrea D. Whelan
Chief of Police Special Agent in Charge
Fort Worth Police Department Criminal Investigation
Dallas Field Office
Internal Revenue Service
Date: q'l3'/ Date: 11
APPROVED AS TO FORMW D L C-iR 1 A—M
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Attested by:
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Marty Hendrix, ty Secretary t °°°�°y`° °�' '
contrITt Author i zatiOu
OFFICIAL RECORD
CITY SECRETARY
;fir. WORTH, TX
Exhibit "A" of MOU _�� u _„_
Exhibit B
AGREEMENT BETWEEN TREASURY LAW ENFORCEMENT AGENCIES
and
LOCAL, COUNTY AND STATE LAW ENFORCEMENT AGENCIES
FOR THE REIMBURSEMENT OF EXPENSES
This agreement is entered into by the Fort Worth Police Department and Internal Revenue Service,
Criminal Investigation, for the purpose of receiving reimbursable costs incurred by the Fort Worth Police
Department in providing resources to joint operations/task forces.
Payments may be made to the extent they are included in the Treasury law enforcement agency's Fiscal
Year Plan, and the monies are available within the Treasury Forfeiture Fund to satisfy the request(s)for
reimbursable overtime expenses.
I. LIFE OF THIS AGREEMENT
This agreement is effective on the date it is signed by both parties and terminates on the last day
of the current Fiscal Year. Agreements are required on a Fiscal Year basis and must be
renewed, if appropriate, by September 30th of each Fiscal Year for the following Fiscal Year.
II. AUTHORITY
This agreement is established pursuant to the provisions of 31 U.S.C. 9703, the Treasury
Forfeiture Fund Act of 1992, which provides for the reimbursement of certain expenses of local,
county, and state law enforcement agencies incurred as participants in joint operations/task
forces with a Department of the Treasury law enforcement agency.
III. PURPOSE OF THIS AGREEMENT
This agreement establishes the procedures and responsibilities of both, the Fort Worth Police
Department and the Criminal Investigation, Internal Revenue Service, for the reimbursement of
certain overtime and other expenses pursuant to 31 U.S.C. 9703.
OFFICIAL RECORD
CITY SECRETARY
i
IT )NORTH. TX
Form 9975 (Rev. 2-05) Cat. No.22456K Department of the Treasury--Internal Revenue Service Page I
Exhibit B
IV. NAME OF TASK FORCE/JOINT OPERATION (If Applicable)
The Name of this Task Force is North Texas Asset Forfeiture Task Force.
Projected Dates of Remaining Operation: 10/01/2010 to 09/30/2011
V. CONDITIONS AND PROCEDURES
A. Assignment of Fort Worth Police Department Officers
To the maximum extent possible, Fort Worth Police Department shall assign dedicated
officer(s)to the Task Force/Joint Operations.
The Fort Worth Police Department shall provide the Criminal Investigation, Internal
Revenue Service, with the names, titles, badge or ID numbers of the officer(s)assigned
to the Task Force/joint Operation in an attachment to this agreement.
B. Requests for Reimbursement of Overtime Expenses
1. The Fort Worth Police Department may request reimbursement for payment of
overtime expenses directly related to work performed by its officer(s)assigned as
members of a Joint Task Force/Operation with the Criminal Investigation, Internal
Revenue Service, for the purpose of conducting official Treasury investigations.
2. The Fort Worth Police Department shall provide the Criminal Investigation,
Internal Revenue Service, within 10 days of the signing of this agreement, a
mandatory ACH Vendor Payment Enrollment Form for Electronic Funds Transfer.
3. Invoices submitted for the payment of overtime to Fort Worth Police Department
officer(s)shall be submitted on the agency's letterhead. The invoice shall be
signed by an authorized representative of that agency.
4. The Fort Worth Police Department will submit all requests for reimbursable
payments together with appropriate documentation to the Criminal Investigation,
Internal Revenue Service, ATTN: Tamera Cantu, Supervisory Special Agent,
8404 Esters Blvd., Suite 100, Irving, Texas 75063, 972-915-9635.
The Fort Worth Police Department shall certify that the request is for overtime
expenses incurred by the Fort Worth Police Department for Participation with a
joint operation conducted with the Criminal Investigation, Internal Revenue
Service. The Fort Worth Police Department shall also certify that requests for
reimbursement of overtime expenses have not been made to other Federal law
enforcement agencies who may also be participating with the task force/joint
operation.
Form 9975 (Rev 2-05) Cal. No 22456K Department of the Treasury--Internal Revenue Service Page 2
Exhibit B
The Fort Worth Police Department acknowledges that they remain fully
responsible for their obligations as the employer of the officer(s)assigned to the
task force/joint operation and are responsible for the payment of overtime
earnings, withholdings, insurance coverage and all other requirements by law,
regulation, ordinance or contract regardless of the reimbursable overtime
charges incurred.
5. All requests for reimbursement of costs incurred by the Fort Worth Police
Department must be approved and certified by the Criminal Investigation, Internal
Revenue Service. The Treasury law enforcement agency shall countersign the
invoices for payment.
6. All requests for reimbursement of costs are to be received by Criminal
Investigation, Internal Revenue Service no later than 15 days after the previous
month end. These requests for reimbursement are to be for a full month time
period,from the first day to the last day of the month. There should not be
invoices covering only part of the month, as in 1/10104— 1125104.
7. The Fort Worth Police Department is limited to a maximum reimbursement for all
overtime expenses in connection with this operation of$15,000 per year under
this agreement. By statute, no single officer may earn more than $15,000.00 per
fiscal year in overtime regardless of the number of agreements he/she is
authorized on. Travel and related expenses should not exceed a maximum of
$14,000 for this task force/joint operation for the Fiscal Year period.
8. The total dollar value of this agreement may be adjusted at anytime by Criminal
Investigation, Internal Revenue Service based upon the following:
A)The Criminal Investigation, Internal Revenue Service may modify the total
dollar obligation, resulting in an increase or decrease, if they determine that the
original obligated amount is not commensurate with the rate of reimbursable
requests, based on their analysis of submitted reimbursement requests.
B)The adjustments to the total dollar value of this agreement may result in a
partial and/or total reduction of reimbursement funds requested. Any
modification made to an authorized agreement will be documented in writing and
immediately provided to the impacted state and local agency.
C. PROGRAM AUDIT
This agreement and its procedures are subject to audit by the Criminal Investigation,
Internal Revenue Service, Department of the Treasury, Office of Inspector General, the
General Accounting Office, and other government designated auditors. The Fort Worth
Police Department agrees to permit such audits and agrees to maintain all records
relating to these transactions for a period of not less than three years; and in the event of
an on-going audit, until the audit is completed.
These audits may include reviews of any and all records, documents, reports, accounts,
invoices, receipts or expenditures relating to this agreement; as well as the interview of
any and all personnel involved in these transactions.
Form 9975 (Rev. 2-05) Cat. No 22450K Department of the Treasury--Internal Revenue Service Page 3
Exhibit B
D. REVISIONS
The terms of this agreement may be amended upon the written approval of both, the Fort
Worth Police Department and the Criminal Investigation, Internal Revenue Service. The
revision becomes effective upon the date of approval.
E. NO PRIVATE RIGHT CREATED
This is an internal government agreement between a Treasury Law Enforcement Agency
and the Fort Worth Police Department, a Local/County/State Law Enforcement Agency,
and is not intended to confer any right or benefit to any private person or party.
*************
Sigdatke t� Signature
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Printed Name Title Printed Name Title
Fort Worth Police Department Criminal Investigation
Dallas Field Office
Internal Revenue Service
Date: l-t 3-I(� Date:
Signature or 41 Signatur
TOA 0441A/51&,Snf aTY At"Ar - ►.tom .� 4Tw ttz4-o4e_.
Printed Name Title Printed Name Title
Assistant City Manager Criminal Investigation
Fort Worth Police Department Internal Revenue Service
Washington, DC
Date: Date: /2(0(1(Z10 10
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Monica Wofford Assistant City Secre�"0 U!$
Wood Attorney °` L y
Printed Name Title Printed Na Title °
Fort Worth Police Department a o°o°ooU°000°oo
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Date: 01 't, I ( � Contract Authoriaatioa ate: a4�4
OFFICIAL REGARD
CIT Y SECRETARY
i
wt #dQRTH, TX
Form 9975 (Rev. 2-05) Cat. No.22456K Department of the Treasury Vernal Revenue Service Eahe 4
DEPARTMENT OF THE TREASURY
LOCAL, COUNTY, AND STATE LAW ENFORCEMENT AGENCY
REIMBURSEMENT REQUEST FOR OVERTIME COSTS AND AUTHORIZED EXPENSES
ATTACHMENT TO AGREEMENT
TO: ❑ ATF® IRS ❑ USCS ❑ USSS
NAME OF AGENCY: Fort Worth Police Department DATE OF REQUEST: 08/05/2010
ADDRESS: 350 West Belknap OCDETF CASE: ❑ YES ® NO
Fort Worth,Texas 76102 OCDETF CASE#:
TAX IDENTIFICATION#: 11-75-6000528-6 TEOAF TRACKING#:
CONTACT PERSON: John Ramirez
TITLE: Sr. Admin Svcs Manager TELEPHONE: 817-392-4229
ADDITIONAL INFORMATION ON OFFICER(S)
F
Patrick A. Bennett Detective 2805 460-35-7520 06/11/71 10/22/2009
Form 9973 (Rev. 6-96) Cat. No. 22453D Department of the Treasury-Internal Revenue Sery ice
REQUEST TO ESTABLISH REIMBURSEMENT FOR
LOCAL,COUNTY,AND STATE LAW ENFORCEMENT AGENCIES
PARTICIPATING IN JOINT LAW ENFORCEMENT OPERATIONS
WITH TREASURY LAW ENFORCEMENT AGENCIES
TREASURY AGENCY: OCDETF CASE: ❑ YES ® NO TEOAF TRACKING NUMBER
Internal Revenue Service (WILL BE ASSIGNED BY TEOAF)
MAILING ADDRESS: OCDETF CASE#:
IRS Task Force
8404 Esters Blvd.,Suite 100 FOR OVERTIME: ® YES ❑ NO
Irving,TX 75063
FOR OTHER: ® YES ❑ NO
CONTACT PERSON: CONTACT TELEPHONE NUMBER:
SSA Tamera Cantu 972-915-9635
REQUEST DATE: 08/05/2010
TREASURY AGENCY FIELD OFFICE TREASURY AGENCY HEADQUARTERS
APPROVAL(NAME&SIGNATURE) APPROVAL(NA &S G1yp URE&DATE)
Andrea D.Whelan,SAC
FULL NAME,ADDRESS,TELEPHONE EXPENSES TO BE REIMBURSED ESTIMATED COSTS
AND TAXPAYER IDENTIFICATION NUMBER
OF LOCAL,COUNTY,STATE AGENCY
Fort Worth Police Department annual overtime $15,000.00
350 West Belknap travel and other $ 14,000.00
Fort Worth,Texas 76102
1-75-6000528-6
817-392-4229 4
TFF APPROVAL AND DATE TOTAL ESTIMATED COSTS
$29,000.00
ACCOUNTING DATA:
BFYS: FUND:
BUDPLN: ORG:
PROGRAM: OCC:
Fonn 9974(Rev.6-96) Cat.No.224552 Department of the Treasury-Internal Revenue Service
Page 1 of 2
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 9/28/2010 -Ord. No. 19369-09-2010
DATE: Tuesday, September 28, 2010 REFERENCE NO.: **C-24489
LOG NAME: 35DOTIRSC12010
SUBJECT:
Authorize the City Manager to Execute an Agreement with the Internal Revenue Service, Criminal
Investigation, for the Purpose of Receiving Reimbursable Costs in an Amount Up to$145,000.00 Over Five
Years Incurred by the City in Providing Resources to Joint Operations/Task Forces and Adopt an
Appropriation Ordinance
RECOMMENDATION:
It is recommended that the City Council:
1.Authorize the City Manager to execute an agreement with the Internal Revenue Service, Criminal
Investigation, for the purpose of receiving reimbursable overtime($15,000.00 per year)and travel and
other costs($14,000.00 per year) incurred by the City in providing resources to a Joint Operations/Task
Force;
2. Authorize the agreement to be renewed for up to four one-year periods without further Council action;
and
3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Grants Fund by$145,000.00 ($29,000.00 per year for five years) upon execution of the agreement,
contingent upon receipt of funds.
DISCUSSION:
This agreement is established pursuant to the provisions of 31 U.S.C. 9703,the Treasury Forfeiture Fund
Act of 1992, which provides for the reimbursement of certain expenses of local, county, and state law
enforcement agencies incurred as participants in joint operations/task forces with a Department of the
Treasury law enforcement agency. The Name of this Task Force is the"North Texas Asset Forfeiture Task
Force". The Fort Worth Police Department will assign one Detective for overtime to this Joint Task
Force/Operation.
The mission of the Task Force will be to develop and assist with criminal investigations and asset
forfeitures of illegal activities in the North Texas area. IRS Criminal Investigation (CI) serves the American
public by investigating potential criminal violations of the Internal Revenue Code and related financial
crimes in a manner that fosters confidence in the tax system and compliance with the law. IRS Cl is
comprised of special agents whose investigative jurisdiction includes tax, money laundering and Bank
Secrecy Act laws. IRS is the only federal agency that can investigate potential criminal violations of the
Internal Revenue Code.
As financial investigators, the North Texas Asset Forfeiture Task Force members will fill a unique niche in
the federal law enforcement community. Today's sophisticated schemes to defraud the government
demand the analytical ability of financial investigators to wade through complex paper and computerized
financial records. Along with their financial investigative skills, the North Texas Asset Forfeiture Task
Force will use specialized forensic technology to recover financial data that may have been encrypted,
password protected, or hidden by other electronic means.
Additionally, the North Texas Asset Forfeiture Task Force will investigate and assist in the prosecution of
significant financial investigations that will generate the maximum deterrent effect, enhance voluntary
http://apps.cfwnet.org/ecouncil/printmc.asp?id=14173&print=true&DocType=Print 2/28/2011