HomeMy WebLinkAboutContract 32264 CITY SECRETARY
:(INTRA CT NO.
DISTRICT ATTORNEY CONTRACT
(Grant Year September 1, 2004- September 30, 2005)
WHEREAS, Fort Worth Police Department has applied for and been approved
for a grant (the Fort Worth Grant) by and through the Criminal Justice Division of the
Office of the Governor, and
WHEREAS,the Office of the Criminal District Attorney of Tarrant County,
Texas(through the efforts of the Tarrant County Narcotics Unit) and the Fort Worth
Police Department is desirous of entering into a contract between the parties regulating
the disposition of property and moneys(as defined by law) seized by the Fort Worth
Police Department Narcotics Enforcement Team Officers pursuant to civil and criminal
statutes of the State of Texas; and
WHEREAS, the parties to this contract are identified as the Criminal District
Attorney of Tarrant County, Texas (hereinafter referred to as the District Attorney), and
Fort Worth Police Department and Fort Worth Police Department Enforcement Team
Officers; and
WHEREAS, the District Attorney and the Fort Worth Police Department have
previously entered into a Memorandum of Agreement already executed, and under which
the District Attorney and the Fort Worth Police Department are operating dated August
13, 1990, and
WHEREAS, the Memorandum of Agreement dated August 13, 1990 is still in
effect and is not affected by this contract, and
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CIT' SECIRY
DISTRICT ATTORNEY CONTRACT
R WORTHI TEX,
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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 Fort Worth Police Department Narcotics Enforcement Team
Officers (assigned to the Tarrant County Narcotics Unit) have a duty to provide law
enforcement service with particular emphasis, but not limited to, enforcing the laws of
the Texas Health and Safety Code;
NOW, THEREFORE, it is mutually agreed by and between the District
Attorney and the Fort Worth Police Department and the Fort Worth Police Department
Narcotics Enforcement Team Officers as follows:
1. This contract 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 Department Narcotics
Enforcement Team Officers,
3. Property seized for forfeiture under Chapter 59, Texas Code of Criminal
Procedure by the Fort Worth Police Department Narcotics Enforcement
Team Officers 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 Department Narcotics Team Officers
DISTRICT ATTORNEY CONTRACT
PAGE 2
,r ter,
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,
and,
5. Upon final disposition of the forfeiture action, and after all cost and fees
incurred pursuant to that forfeiture proceeding, including but not limited to
outstanding liens on property and maintenance costs and exceptional
litigation costs have been paid from the forfeited monies, all remaining
monies, interest accrued, and all property attributable to the efforts and
operations of the Fort Worth Police Department Narcotics Enforcement
Team Officers shall be awarded to the Fort Worth Police Department and
District Attorney in the following manner; 75% of the final disposition
amount shall be awarded to the Fort Worth Police Department and 25% of
the final disposition amount shall be awarded to the Tarrant County
Narcotics Unit Prosecution Team, all monies, interest and all property
awarded to the Tarrant County Narcotics Unit shall be administered
pursuant to the U. S. Department of Justice, Office of Justice Programs,
Financial Guide, Part III, Chapter 4:, and the Texas Administrative Code,
Title 1, Part 1, Chapter 3, Section 3.87.
6. All forfeited property and monies awarded to the Fort Worth Police
Department represent program income. These funds shall be added to the
funds committed to Fort Worth Police Department Narcotics Team in
accordance with the U. S. Department of Justice, Office of Justice
Programs, Financial Guide, Part I11, Chapter 4:, and the Texas
DISTRICT ATTORNEY CONTRACT
PAGE 3
Administrative Code, Title 1, Part 1, Chapter 3, Section 3.87. Program
income may be retained by the grantee with Criminal Justice Division
approval and must be used for purposes that further the objectives of the
Fort Worth Grant.
7. Property awarded to the Tarrant County Narcotics Unit Prosecution Team
shall be administered in accordance with the guidelines as cited in
Paragraph 6. Property awarded to Fort Worth Police Department and
which is designated as program income shall also be sold according to
grant guidelines.
8. This agreement shall be in effect from the term of the grant award dates,
September 1, 2004 through September 30, 2005 and constitutes the full
and final agreement between the parties in regards to property and monies
seized by the Fort Worth Police Department Narcotics Enforcement Team
and under the terms of the Fort Worth Grant.
9. Any modifications to this contract must be in writing and approved by
both the District Attorney and the Fort Worth Police Department.
10. This contract may be terminated by either party by the giving of 30 days
written notice to the address below.
11. 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
DISTRICT ATTORNEY CONTRACT
PAGE 4
,.. ...,
Notice to Fort Worth Police Department shall be sent to:
Ralph Mendoza, Chief of Police
Fort Worth Police Department
350 W. Belknap
Fort Worth, Texas 76102
IT IS SO AAREED AND NOTED. WITNESS OUR HANDS this the
day of , 2005.
z
TIM CURRY JOE P N U
Criminal District Attorney Assist t r
Tarrant County, Texas Fort Worth, Texas
LPH MENDOZA
Chief of Police
Fort Worth Police Department
APPROVED AS TO
FOPM AND, LEGALITY: .%nested By:
ASSISTANT CIf Y A T RNEY O-C
Marty HendrLAD
City Secretary
NO M&C REQUIRED
DISTRICT ATTORNEY CONTRACT
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