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HomeMy WebLinkAboutContract 51483CTY SECRETARY 2019 State & Local Task Force Agreement PlifWAO._ Dallas Field Division DFW Airport/Interdiction Task Force Fort Worth Police Department This agreement is made this October 16, 2018 , between the United States Department of Justice, Drug Enforcement Administration (hereinafter "DEA"), and the Fort Worth Police Department (hereinafter "FWPD"). The DEA is authorized to enter into this cooperative agreement concerning the use and abuse of controlled substances under the provisions of 21 U.S.C. § 873. Whereas there is evidence that trafficking in narcotics and dangerous drugs exists in the area and that such illegal activity has a substantial and detrimental effect on the health and general welfare of the people of Tarrant County, the parties hereto agree to the following: 1. The DFW Airport/Interdiction High Intensity Drug Trafficking Task Force (hereinafter "HIDTA") will perform the activities and duties described below: a. disrupt the illicit drug traffic in the Tarrant County area by immobilizing targeted violators and trafficking organizations; b. gather and report intelligence data relating to trafficking in narcotics and dangerous drugs; and c. conduct undercover operations where appropriate and engage in other traditional methods of investigation in order that the task force's activities will result in effective prosecution before the courts of the United States and the State of Texas. 2. To accomplish the objectives of the HIDTA, the FWPD agrees to detail two (2) experienced officers to the HIDTA for a period of not less than two years. During this period of assignment, the FWPD officers will be under the direct supervision and control of DEA supervisory personnel assigned to the task force. 3. The FWPD officers assigned to the task force shall adhere to all DEA policies and procedures. Failure to adhere to DEA policies and procedures shall be grounds for dismissal from the task force. 4. The FWPD officers assigned to the task force shall be deputized as task force officers of DEA pursuant to 21 USC 878. 5. To accomplish the objectives of the HIDTA, DEA will assign three (3) Special Agents to the task force. HIDTA will also, subject to the availability of annually appropriated funds or any continuing resolution thereof, provide necessary funds and equipment to support the activities of the DEA Special Agents and the FWPD officers assigned to the task force. This support will include: office space, office supplies travel funds, funds for the purchase of evidencernd information, investigative equipment, training and Mer support items. r OFFICIAL. RECORD ,� RECEIVED CITY SECRETARY OCT 3 1 2018 carr C FT. WORTH, TX 0 CtIY0FF0R?WORT(t a CnY5ECAERRY y� 9 ��. 6. During the period of assignment to the HIDTA, the FWPD will remain responsible for establishing the salaries and benefits, including overtime, of the FWPD officers assigned to the task force and for making all payments due the officer. HIDTA will, subject to availability of funds, reimburse the FWPD for overtime payments made by it to the FWPD officers assigned to the HIDTA for overtime, up to a sum equivalent to 25 percent of the salary of a GS -12, Step 1 (RUS) federal employee, currently $18,343.75, per officer. Note: Task Force Officer's overtime "Shall not include any costs for benefits, such as retirement, FICA, and other expenses. " 7. In no event will the FWPD charge any indirect cost rate to DEA for the administration or implementation of this agreement. 8. The FWPD shall maintain on a current basis complete and accurate records and accounts of all obligations and expenditures of funds under this agreement in accordance with generally accepted accounting principles and instructions provided by DEA to facilitate on-site inspection and auditing of such records and accounts. 9. The _FWPD shall permit and have readily -available for examination and auditing by DEA, the United States Department of Justice, the Comptroller General of the United States, and any of their duly authorized agents and representatives, any and all records, documents, accounts, invoices, receipts or expenditures relating to this agreement. The FWPD shall maintain all such reports and records until all litigation, claim, audits and examinations are completed and resolved, or for a period of three (3) years after termination of this agreement, whichever is later. 10. The FWPD shall comply with Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, as amended, and all requirements imposed by or pursuant to the regulations of the United States Department of Justice implementing those laws, 28 C.F.R. Part 42, Subparts C, F, G, H and I. 11. The FWPD agrees that an authorized officer or employee will execute and return to DEA the attached OJP Form 4061/6, Certification Regarding Lobbying; Debarment, suspension and Other Responsibility Matters; and drug -Free Workplace Requirements. The FWPD acknowledges that this agreement will not take effect and no federal funds will be awarded until the completed certification is received. 12. When issuing statements, press releases requests for proposals, bid solicitations and other documents describing projects or programs funded in whole or part with federal money, the FWPD shall clearly state: (1) percentage of the total cost of the program or project which will be financed with federal money and (2) the dollar amount of federal funds for the program or project. 13. While on duty and acting on task force business, the FWPD officer assigned to HIDTA shall be subject to all DEA and federal government rules, regulations and procedures governing the use of OGV's for home to work transportation and for personal business. The HIDTA Executive Committee acknowledges that the United States is liable for the actions of task force officer, while on duty and acting within the scope of their federal employment, to the extent permitted by the Federal Torts Claim Act. 14. The term of this agreement shall be effective from the date in paragraph number one until September 30, 2019. This agreement may be terminated by either party on 30 days advance written notice. Billing for all outstanding obligations must be received by DEA within 90 days of the date of termination of this agreement. HIDTA will be responsible only for obligations incurred by FWPD during the term of this agreement. 15. By entering into this agreement, neither party waives any immunities or defenses available to it in statute or the common law. For the Drug Enforcement Administration: Clyde E. Shelley, Jr. Special Agent in Charge For the Fort Worth Police Department: Joel F. Fitzgerald, Sr. Ph.D. Chief of Police Fort Worth Police Department Jay Chapa Assistant City Manager City of Fort Worth APPROVED AS TO FORM AND LEGALITY �c Matthew A. Murr Assistant City Attorney ; " 6 V ATTESTEZY -_- -� -" 01 Ma J. Ka s City Secretaryr`. 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. /Kristina As ton Finance Manager Date: C� Date: / Date: 1`---.2, l& Date: lam- zap Date: — M&C: m gg 4 1295: Kk ? OFFICPAL RECORD Cffl SECRETARY �'T. WORTH, TX U.S. DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PROGRAMS OFFICE OF THE COMPTROLLER CERTIFICATIONS REGARDING LOBBYING- DEBARMENT SUSPENSION AND OTHER RESPONSIBILITY MATTERS; AND DRUG—FREE WORkRACE 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 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. LOBBYINGgec�ion ,z- ju liic (ederal . State . r ocaq a11 io ori tr d on r As %Gt e t tartr69 f' ^s a telriSn tr� °� leo e N n°�q�eor r �ds, 'makl 9�� Imp% en d b 3 +T��dl d 'f th a U e Eo2�, �affM, . appear cer�I(�es tat: as e m a 9 p dy rrCC,, Are of presentl indic� d f or th crimina or civil ((a No F d rell�a nal funds have been aid or will be qld, dlfar ed a over�i ntag n�j�, �ec�eroi t to or ca w b or on�e�aif tnt ��unce d, to any Rcprson fpr Influet�I ggmt sST anr o�i�ied of�ensAs(enumera�e� u1 paragra�h �1 o alta ng to n uence an car or emp eyee t nY a enc , lol is certification' an a Mem sr 017 C�ng�ss, an ir�r or employee 0117 Rrrls r r ane oyyge a a ember opppress In cpnnec on it 'the mak' pt °f an Federal grant Rtg enter P I o of an �d }lave not within a re (ear nod di g thi ap li tfo am°�nirent, ogrm0itirption°of an F�10e�era�°git o�rocnnperati[e��i°naPe�fomc°aus�voo�r'd�eiau� an�nsed�eral, sta�e, grriaacao agreement; B. Whe the a pct tg unable to �ertify to any of the stattaeme �s fn tha� [Ion, �re or A shall anal. an tf en tf ds o �h r than Federal r riot d fund he ben ex Tanaion to this app�ioa %n. d or �+ilPs8110 o an rson foo �nnPrenan or am m�q uence an r or ep4o ee an a e a e { pRUG R g yypRK �p s �m6eh o �,re°r e�i Pe hne °s° re a! eroaerp r n? a ?dAN ? gVAR THAN AIVIDUALS) Aucs ^jin aga r�dda ce with Its etru issclosure o oabying pp,ss le eirFd b �I�ec ug Fre17W I o� f 1988,s8as 92FIne� ai l Pert b� e�flons� � d TI��- (�� n'�ndPn�ISOe3in tL7e av9ar�donalmetltsaidi S�fsuDawards � h pp �o 'I, r nc u In s gra s n raC Un r r nt a &ug!tree �I p t es that rt will or well continue to provide a coraera iv ��ree ens n §u�ontr��s� ann ttlgaP aI� suIT recipients a a ce and �isolose acro ng y. (aL P bJlshi�nfgf a tlsretat�I pht not'p p e ptoXet�ryeSes pt tsess o tgr he isis g use lamcgo�lli/tD�IBtl. �uDs nce ij� Brill ntei rt Keri an ees hf�MHUSPEON, AND OTHER worlace to saecif in� ehactliotlo awn �e a against )TTE employees rw atio o suc pm i lion; [tVVTT)) carrdde R23g D b I a n -going drug-free awareness program to �FRut uspeaar�;� aulred l onal�7.61cr �t2ansa�cUo� 8a§��evPnes�ean ���iThe gers ofdrugs abuse in the workplace; A. The applicant certifies that it and its principals: r(2) The grantee's policy of maintaining a drug-free workplace; 33) �r ila4fe^dr�uga rnseling, renabartation, and employee (e Arepot pre qn barced, suspended, p po ed for debar- s s �(i�ro ra n brr�nt� c1 ctare�d9 mefigj��e, sentencetl to Q penpal o� F derai ane t$ ny a tate or eyero ca or voluJ pn exdu ad9 from r41 D$j? aaaes iaj mV bVm&os�ej ucepQn employees for drug covered tranadCttons b an Fadera) Ce artment ora en 8tfuse s o mn9 in a o a , Maakngit a re r ment that ea h em so es to en ed I b�enaconv° edi a a �hraa+ea� edriod ��erced�'an�t�(a8 aQ siieon r�eq�tilired by pera9r�ap ta�rant be given c�py of tie at9a�smen� r aommi on grra a a cn irta oii'ense"in coni�e 11 n wn�i 0 aining, a ern ng �o o ain, or performing a t th d� Not>fi�j ttthi, as �i0cd�(eaition ofem �tatem�rit degve9 b4 easlra�oy��wi�- poymen un er a ran OJP FORM 406116 (3-91) REPLACES OJP FORMS 406112,4062/3 AND 406114 WHICH ARE OBSOLETE (1)) Abide by the terms of the statemeir nt and d Rel Orn five Fnndarloyd�a�rin s a r sucgiurrrodnV�for � a worfcp�ace no tebeN �n 'isbcea e� 'suaR uan 1.04 KTA acnoey'I101cplender days after �rn� timer n. �yc-�njvI ro skoim t o� fP�iceu�n� Wa in f n eA �icd t o fn Te the �c�enPifficat ori num�r�s�aY each a eed grant; A TaPin one. of the, followla� act* ns, within 3A)(RI"ddrr eceivm not n r su r grp (c ��11 re2ppec� to any ern oyee ew�toys so con rgeqIiior�meehlu�o hepFiebt/ilei%,e�rro t�iain ,3cew5 Ing $ ended An ti e OuRequIrimuchd ru artia enTolrrorerm nt; (g) hl�kl A 9o9d tafplt effort to continue 8 maintain ro'ZI � f��I. e , nd ( r u h tm fementation of para ra hs (a), ) 4 Th ranng ma, inset} In tike apace.Rrovided�elow t 894 s f red a orm ma, o wor one i donne ion wh e DR of Performance (Street address, city, country, state, zip Check r tithere are workplace on file that are not identified ere. lgisn 67 VOK the ° ab� ;> O s e ° ag"plication9t MAY e o use orm 4U61 U. Check r If the f1 State has elected to complete OJP Form ROME 499 ApRE 1NDNIDUALS) � le auir�ddd b pt eCFD�n,�-Frte��W rt�mb1; �1cft of 19B8, and c�eRne� al �9 aR art 67, �ecboris 6T6 acid ��/. 2 es, as aie g e rrfmonir Mst 89dl' MY51 c 11 not engag n on �n�ioon�94i1yP d [yweh K convinced o ra�� cr anal d offense resultinfro dna Ceportc�(�t�et coorinne9p�u i@ng i g IN�WCr�7of—fl f7nda�gendatrda 'or AT r tN: oG' ttr ? DCGa k g33-(n��ano Avenue of .W!c@ Prof gt7; ono es tJ W Wasnm 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: 2. Application Number and/or Project Name 3. Grantee IRSNendor Number 4. Typed Name and Title of Authorized Re resentative Ll 5, Signature 6. Date City of Fort Worth, Texas Mayor and Council Communication - . CQ_1.1NICAL.:,ACTJSJN.:_ A Wjwed-on-9126120-18-.--Ordinance-No.- 23-42'1-9-20,18=_ . ... DATE: Tuesday, September 25, 2018 REFERENCE NO.: **C-28864 LOG NAME: 35DEADFWTF18 SUBJECT: Authorize Execution of an Agreement with the United States Department of Justice, Drug Enforcement Administration, to Continue Participation in the Drug Enforcement Administration Dallas/Fort Worth Airport Task Force, Authorize Acceptance in an of the Amount Up to $36,084.00 for the Reimbursement of Overtime Costs 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 to continue participation in the Drug Enforcement Administration Dallas/Fort Worth Airport Task Force; 2. Authorize the acceptance in an amount up to $36,084.00 for the reimbursement of overtime costs for two officers assigned to the Task Force; and 3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grants Operating Other Fund in the amount of $36,084.00, upon execution of the Agreement. DISCUSSION: The Fort Worth Police Department had been an active partner in the Drug Enforcement Agency (DEA) Dallas/Fort Worth Airport Task Force (Task Force) since 1985, and the Police Department would like to continue participating on the Task Force. In this one-year agreement there are two officers assigned to the Task Force. The DEA will reimburse the City of Fort Worth for overtime costs, including salary and benefits, up to the amount of $18,042.00 per officer, per year. During the period of assignment to the Task Force, the City of Fort Worth will remain responsible for establishing the salaries and benefits, including additional overtime if necessary, of the officers assigned to the Task Force. Indirect costs are not allowable expenses under this agreement. This Task Force serves ALL COUNCIL DISTRICTS. This contract will be with a governmental entity, state agency or public institution of higher education: Drug Enforcement Agency (DEA). FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that upon approval of the above recommendation, receipt of funding, and Logname: 35DEADFWTF18 Page 1 of 2 adoption of the attached appropriation ordinance, funds will be available in the current operating budget, as appropriated, of the Grants Operating Other Fund. This is a reimbursement grant. The Police Department is responsible for requesting all reimbursements. FUND IDENTIFIERS (FIDS): TO Fund Department ccoun Project JProgram ctivity Budget Reference #moun ID ID Year (Chartfield 2) Departmentccoun Project JProg I 1A ID Budget I Reference #mou Year I (Chartfield 2) CERTIFICATIONS: Submitted for City Manager's Office by: Jay Chapa (5804) Originating Department Head: Joel F. Fizgerald (4231) Additional Information Contact: Kristina Ashton (4224) ATTACHMENTS 1. 35DEADFWTF18 AO18.doc (Public) Logname: 35DEADFWTF18 Page 2 of 2