HomeMy WebLinkAboutContract 31554 CITY SECRETARY
-'O[JTPACT No.
ADDENDUM TO THE MEMORANDUM OF UNDERSTANDING
SHARING OF FORFEITED ASSETS
NORTH TEXAS IIIDTA
WESTERN DRUG SQUAD
The purpose of this addendum to the Memorandum of Understanding for North Texas
High Intensity Drug Trafficking (NT HIDTA) Area Western Drug Squad is to establish
the process for sharing of forfeited assets. The NT HIDTA Western Drug Squad, will
conduct administrative and judicial seizures and forfeitures of assets, whenever legally
possible, under applicable federal statutes and guidelines or under Texas state forfeiture
proceedings, whichever is more appropriate, in order to accomplish the most effective
law enforcement result. This agreement will begin on June 1, 2004, or upon signature of
each participating agency and will end upon 30-days written notice of all participating
agencies. Individual agencies may be added at any time with appropriate contract
amendments or deleted with 30-days written notice.
Whereas the participating NT HIDTA Western Drug Squad law enforcement agencies
desire to enter into a written agreement, pursuant to the Memorandum of Understanding
under which the Squad operates, to provide for the distribution of proceeds of all assets
forfeited as a result of NT HIDTA Western Drug Squad investigations and prosecutions
the parties do agree as follows:
I. Federal Forfeitures
A. Forfeiture Processing
Forfeitures will be processed by the deputizing Federal Law Enforcement
Agency, henceforth referred to as "Federal Agency," of the squad, which
generates the seizure.
B. Sharing Requests
The processing Federal Agency must promptly notify the Fort Worth Police
Department and Tarrant County Sheriff's Office in writing of the details of the
forfeitures. Asset Sharing Requests (DAG 71) will be submitted to the
processing Federal Agency for a total share due NT HIDTA Western Drug
Squad and the 10% share due the NT HIDTA Regional Intelligence Support
Center(RISC) participating members.
C. Forfeiture Processing Expense
Assets including proceeds from the sale of seized property not retained for
official use will be deposited into the U.S. Department of Justice (DOJ) or
U.S. Treasury Asset Forfeiture Fund of the NT HIDTA Western Drug Squad.
DOJ and Treasury policy require the "Federal Share" for processing expenses
related to forfeitures to be a minimum of 20% of the total.
03-15-05AI 3 : 3
D. Award for Assistance in the Seizure
In cases of Federal processed forfeitures, the Drug Enforcement
Administration (DEA), in concert with and concurrence of the Fort Worth
Police Department, may award any percentage of any forfeiture to any
member or non-member of NT HIDTA that significantly contributes toward
the initiation, development or prosecution. of a NT HIDTA Western Drug
Squad case that results in a seizure, or that provides extraordinary support for
enforcement actions that directly results in the seizure. In cases of State
processed forfeitures, the Fort Worth Police Department, in concert with and
concurrence of each participating agency within the group, will make the
determination for awards to any member or non-member of NT HIDTA. The
NT HIDTA RISC will be awarded a minimum 10% of all seizures for
intelligence and investigative case support rendered. No lead agency or
participating agency approval is required unless a determination is made that
the equitable share to the RISC will exceed the 10% minimum.
E. Sharing of Assets
The net assets remaining to be shared among NT HIDTA Western Drug
Squad participating agencies will be shared based upon the number of
personnel each participating agency within the group has assigned and
committed to the group for a period of one year. All agencies will be entitled
to a proportional share. All support personnel (secretaries, analysts,
investigative assistants, etc.) will count at half the personnel equivalent of
sworn officers/agents. Based upon the available balance of forfeited assets to
be awarded, the total number of assigned squad personnel at the time of the
specific seizure will be divided into the percentage remaining for sharing
purposes in order to determine a sharing percentage per person. This will
result in a proportional sharing based upon agency representation.
F. Sharing of Vehicles
Vehicles will be shared among the participating agencies assigned to this squad.
Such sharing will be based upon a rotation basis among the'participating
agencies within the squad or upon a demonstrated departmental need, which
shall require the concurrence of the squad's lead agency. If the forfeiture
involves a single vehicle, which is claimed by a state or local member, the
Federal Share (20%) must be paid by the state or local member to the Asset
Forfeiture Fund.
II. State Forfeitures
In any case resulting in a State forfeiture of assets in which the NTHIDTA
Western Drug Squad participated, the lead agency for the group processing the
77
a
forfeiture will request an equitable share of the forfeited assets, under the laws of
the State of Texas and will develop a local sharing agreement between the
NTHIDTA Western Drug Squad lead agency and the county processing the
forfeiture. The resulting assets will then be shared under the provisions of this
agreement.
Agreed to and approved by the following agencies as indicated by signature of
authorized pres ves:
Date: s Contract Authorization: c—nn i au
Joe Pa4jg a,AAs tant City Manager Date:n �
City of Fo orth, Texas Apo e As To o df�Legality:
By:
Carla Cook, Assistant City Attorney
Date:---� ttcsted By:
Gary Qhenkiewicz, Special A t in Charge
Drug Enforcement A ims ation rn
btarty Hend
City Secretary
Date: � �y
Guadalupe Gonza ez, Special Agent in Charge
Federal B u of Investigation
(�
Date:_�1 �
Ronnie A. Carter, Special Agent in Charge
Bureau of Alcohol, Tobacco and Firearms
f /
K �•� C Date:
Michael Lacenski, Special Agent in Charge
Internal Revenue Service
��� er
APPROVED AS TO FORM:
JAY DO EY, City Attorney
Rona- ison, Deputy City Manager
BY A
City of on,on, Texas Date:
Glen Hill, Chief of Police
Grand Prairie Police Department
Date: 1C7 .01f
Mona Neill, Director
North Texas HIDTA
-Date:
4
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 6/29/2004
DATE: Tuesday, June 29, 2004
LOG NAME: 35HIDTA REFERENCE NO.: **C-20126
SUBJECT:
Renewal of an Interlocal Agreement with the United States Department of Justice, Drug
Enforcement Administration - HIDTA Task Force Group 6, Western Drug Squad
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager to renew the interlocal agreement with the United States Department of
Justice, Drug Enforcement Administration - North Texas HIDTA Western Drug Squad for FY2004; and
2. Authorize the City Manager to execute an addendum to the interlocal agreement to define the sharing
guidelines for forfeited assets among participating agencies and establishing the Fort Worth Police
Department as custodian and distributor of forfeited assets; and,
3. Authorize the City Manager to amend during the contract term as appropriate to add and delete
member agencies; and,
4. Authorize the agreement to begin June 1, 2004, and end upon 30-day written notification of the City of
Fort Worth or all participating agencies.
DISCUSSION:
The City of Fort Worth has been an active participant in the Drug Enforcement Administration (DEA) High
Intensity Drug Trafficking Area (HIDTA) since 1999. The mission of the organization is to reduce the volume
of narcotics and controlled substances being trafficked into and distributed from the North Texas HIDTA
area of responsibility through aggressive detection, interdiction, enforcement, and prosecution of those
individuals and enterprises engaged in such illegal activities. In particular, the task force focuses on major
drug trafficking organizations.
Currently, the following agencies participate in this cooperative effort: Drug Enforcement
Administration; Federal Bureau of Investigation; Arlington Police Department; and Grand Prairie Police
Department. The Fort Worth Police Department currently contributes one detective, four officers, and one
lieutenant. When funds are available from the Office of National Drug Control Policy, some personnel costs
including travel, office space, cell phones, gasoline and overtime may be reimbursed to Fort Worth by NT
HIDTA. The Fort Worth Police Department will serve as the financial custodian for the Western Drug Squad
with the responsibility of collecting and distributing assets seized in these activities to participating agencies.
Logname: 35HIDTA 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
GG01 488100 0356300 $0.00
Submitted for City Manager's Office bx: Joe Paniagua (4-6140)
Originating Department Head: Ralph Mendoza (4-8385)
Additional Information Contact: Susan Alanis (4-8262)
Logname: 35HIDTA Page 2 of 2