HomeMy WebLinkAboutContract 51621 CITY SECRETARY
CONTRACT NO.-
t V 2019 State & Local Task Force Agreement - HIDTA
G1\ tio�o Dallas Field Division
0 HIDTA Group 1
City of Fort Worth
Fort Worth Police Department
L99
This agreement is made this �;��tbN� ` , 2018, between the United States
Department of Justice, Drug Enforcement Administration (hereinafter "DEA"), and the City of
Fort Worth Texas acting on behalf of 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 Texas, the parties hereto agree to the following:
1. The 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 one (1) experienced
officer(s)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 officer 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 officer 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 FWPD officers assigned to the task force. This support will
lade: office space, office supplies travel funds, funds for the purchase of evidFFT.
o 'i ation, investigative equipment, training and other support items. I.RECORDyoECRETARY�, 3RTH TX
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 them. HIDTA will, subject to availability of funds,
reimburse the FWPD for overtime payments made by it to the FWPD officers assigned to the
HIDTA Group 1 Task Force 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 ON 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. The term of this agreement shall be effective from October 1, 2018 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.
14. By entering into this agreement, neither party waives any immunities or defenses available to
it in statute or the common law.
a
For the Drug Enforcement Administration:
Date:
Clyde E. Shelley, Jr.
Special Agent in Charge
For the City of Fort Worth/Fort Worth Police Department
`�--' Date:
Joel F. Fitzgerald, Sr. Ph.D.
Chief of Police
Fort Worth Police Department
-X Date:
Jay Chapa
Assistant City Manager
City of Fort Worth
APPROVED AS TO FORM AND LEGALITY
/4 - Z&&l 2 _ Date: b -Z-"
Matthew A. Murray OR .,
Assistant City Attorney ��. . �;v
ATTESTED BY: o
Date:
Mary
. Kayser ,8X�
City Secretary
M&C: C-a� 5 la�o4 [tg
1295: NA
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. --- - - --
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH,TX
Date:
Kristi Ashton
Finance Manager
OFFICIAL. RECORD
CITY SECRETARY
FT. 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 DRU&-FREE WOR&LACE 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. LOBBYING u rIc( ederel.State. r ttoval) tea ado or V ct un r
ur tFransacUon >+o9ation ofedeia? oa 1ng�rus
ui d b 3 Tile 31 of the U S. Coda, aAn,,� t, ,u� s o co ihiss�ond f m amen4 e o
�papp! re �t e '�b8bnas ae ne�aEo2 St. art�6n�sror ecary ng sto�e�nr prroolpertyyy; records, ma n9OWN
Are of present! indi d f or th rHi inal or civil
(bar) No F d ra a p2rho riat fulcec
�ave beenR paid of w71 be p id, afar ed a overs n n�tv �et�ere t to ar p w
of a°tfs°n �nfluenn Tende�or employe nof�rnnyflaert �Yy9g �4 o s' Ni�rWon�ed of�ens2s(enumera ec id paragra�h�1
a Mem�er a C�ngss, an or or employee o� 0r lol
ane oVyge o a b r of onpress in Ao �wt ' e
gmscoaf an (d�o lav not withi � � &��od e5edip ij apgli�atio
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agreement;
B. Whe Pethe pli I una le to tify to an f the
statteeme 4es rn th►� cas4fon, a or %r shall anach an
�yforen ii ds other than ederal r riat d fund hav .be n expfanagon to this app1cra ion.ilrse id to an rson fo n��iencri ora m ingience an o r or �go ee ° a�n� a en a emio a OWN
re o once,s e��cone ton°vvTtre ,ls° e�era rn�oRUG pREEyypq� �p�Ean�a9 i8"' mle rel fscto§use o `Co��by�ng ?6ANTEES OTHER TAN 1NDIVIDUALSy
n or with its�n�tru�ons; re uir ed� b,1� 3fteC Fre W laT of 19A8, and
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cos era res en n §u con an a a su
reci0ients s a`lpce r and miscloss accor�ng�y.
naulfto +isrhian fait
n u stttat cls �eitution t tJisfi�ibne�n I'YeeheSe that the
SPE gION,AND OTHER ISee a to sol huTs n Iritb�r� t o �eptateR il"ee'
b M�r )TTE1S emp ynr vS at�o o suc prof i tion
snaeq PIENT)ecuti dTnlSd2e 12R 3prgi D a D sDye inst
kp?oll1�itrtq_a gun(going Drug-free awareness program to
gFfi PaR ��ecuon 67.b1u- transCaa ons,a§�aetinec at 2t! P Y� �P
(1)The dangers of drugs abuse in the workplace;
A. The applicant certifies that it and its principals: (2)The grantee's policy of maintaining a drug-free workplace;
�30 �v�u�$le drugs cgunseling, rehabilitation, and employee
(a)Are oft pro tin�yy d barred, suspgnded,pIment
o9 d f r debar- s rams; n
eant ei"clar nmefi 'bele, s ntenped to a nia( otPF deral
ene�its�iy aState o eyera ycoi or volunpexcludedefram nV The4�grealtles that may.b im�$sepr�ucepon employees for drug
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OJP FORM 406116(3-91)REPLACES OJP FORMS 4061/2,4062/3 AND 406114 WHICH ARE OBSOLETE.
(1)Ablde by the terms of the statement and �c,tt
€n2 la an o e cnmrriQn° dr�ig st u��o°u�rin a rthe workip°lace no
a er an a ca en ar aYys a r sac con on;
e Not In e a e i writin , th lender da s after
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T �P P�� 4061!7.
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req t me`n��o he e i t c o ��B�13,as amendne ;or WAMPEE{�t HMMINIDUALS) pct
�IfuseeQasrsrstan�edoin�essiifat�o���r� ia�to °ve�itoesuc �fe ulrF R Cr rte�7W n 5 F i of 19tee's,and
��other appropriate a"AnGy; oro ea h Rr�w en orcemen qqe inpe� e a err��cttiorls arid
(g)Making&&9oodd{pith effort to continue to maintain a ti -free the �n� fy
s u°�manu�f reg sifitiNortr' t ns�ril notsst a o in
y7p�rkp�dc g thr�ugh implementation of paragraphs(a),(b�, (�),(d), �ie p I? a phtro�r sdbstana: m conQi�ion 1�aGry i ah
Th� rannteer�maa inser�in thke space.provided te(ow t e ite B, f convinc d o or final d u o ense reultElf"
n fro
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AT7�o�ont�ol Deas 633 ndiana AvDen1e° �
r1W of Performance (Street address, city, country, state, zip p.C.20531. g
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 andlor Project Name 3. Grantee IRSNendor Number
4. Typed Name and Title of Authorized Re sentative
5. Signature 6. Date
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 12/4/2018 -Ordinance No. 23488-12-2018
DATE: Tuesday, December 4, 2018 REFERENCE NO.: **C-28945
LOG NAME: 35FY2019 HIDTA EASTERN DRUG SQUAD GROUP 1
SUBJECT:
Authorize Execution of Agreement with the United States Department of
Justice,Drug Enforcement Administration for Reimbursement of Overtime
Costs in an Amount Up to $18,343.75 for Participation in the Texoma High
Intensity Drug Trafficking Areas Eastern Drug Squad/Group 1 Task Force for
Fiscal Year 2019,Authorize Execution of Asset Forfeiture Sharing Agreement
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 for reimbursement of
overtime costs for participation in the Texoma High Intensity Drug
Trafficking Areas Eastern Drug Squad/Group 1 for Fiscal Year 2019;
2. Authorize the execution of an Asset Forfeiture Sharing Agreement
governing the Task Force's equitable sharing requests and participation in
the United States Department of Justice Equitable Sharing Program;
3. Authorize the acceptance in an amount up to $18,343.75 for the
reimbursement of overtime costs for one officer assigned to the Texoma High
Intensity Drug Trafficking Areas Eastern Drug Squad/Group 1 Task Force; and
4. Adopt the attached appropriation ordinance increasing estimated
receipts and appropriations in the Grants Operating Other Fund in an amount
of$18,343.75,upon execution of the agreement.
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)Eastern
Drug Squad/Group 1 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 currently has one officer assigned to the
HIDTA Eastern Drug Squad/Group 1 Task Force. 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 not to exceed
$18,343.75. Benefits such as retirement,FICA and other expenses are not
reimbursable. No matching funds are required. This is a reimbursement
Agreement and indirect costs are prohibited.
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 Administration (DEA).
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that upon approval of the above
recommendations, execution of the Agreement and the adoption of the
attached appropriation ordinance,funds will be available in the current
operating budget,as appropriated, of the Grants Operating Federal
Fund. This is a reimbursement grant. The Police Department is responsible
for requesting all reimbursements.
FUND IDENTIFIERS (FIDs):
TO
Department Account Project Budget Reference# Amount
Fund ID ID Program Activity Year (Chartfield 2)
FROM
Department Account Project Program Activity Budget Reference# Amount
Fund ID ID Year (Chartfield 2)
CERTIFICATIONS:
Submitted for City Manager's Office by: Jay Chapa (5804)
Originating Department Head: Joel F.Fitzgerald (423 1)
Additional Information Contact: Blessed Tsada (4217)
ATTACHMENTS
1. 35FY2019 HIDTA EASTERN DRUG SQUAD GROUP 121003 A019.docx (Publicl