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HomeMy WebLinkAboutContract 36522DALLAS FIELD DIVISION DALLAS/FORT WORTH AIRPORT TASK FORCE (TF2) 2222 N. SERVICE ROAD, STE. 280 DFW AIRPORT, TX 75261 This agreement is made this 1St day of October, 2007, between the United States Department of Justice, Drug Enforcement Administration (hereinafter "DEA"), and the CITY OF FORT WORTH (hereinafter "City of Fort Worth"). WHEREAS there is evidence that trafficking in narcotics and dangerous drugs exists in the Dallas/Fort Worth area and that such illegal activity has a substantial and detrimental effect on the health and general welfare of the people of the Dallas/Fort Worth area, the parties hereto agree to the following: 1. The D/FW Airport Task Force will perform the activities and duties described below: a. disrupt the illicit drug traffic in the Dallas/Fort Worth 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 D/FW Airport Task Force, the CITY OF FORT WORTH agrees to detail two (2) experienced officers to the D/FW Airport Task Force for a period of not less than two years. During this period of assignment, the two officers will be under the direct supervision and control.of DEA supervisory personnel assigned to the Task Force. 3. The two officers assigned to the Task Force shall adhere to DEA policies and procedures. Failure to adhere to DEA policies and procedures shall be grounds for dismissal from the Task Force. 4. The two officers assigned to the Task Force shall be deputized as Task Force Officers of DEA pursuant to 21 U.S.C. 878. 5. To accomplish the objectives of the D/FW Airport Task Force, DEA will assign four (4) Special Agents and one (1) Group Supervisor to the Task Force. DEA 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 task force officers assigned to the Task Force. This support will include: office space, office supplies, travel funds, funds for the purchase of evidence and information, investigative equipment, training, and other support items. 6. During the period of assignment to the D/FW Airport Task Force, the CITY OF FORT WORTH will remain responsible for establishing the salary and benefits, including overtime, of the officers assigned to the Task Force, and for making all payments due them. DEA will, subject to availability of funds, reimburse the CITY OF FORT WORTH for overtime payments made by it to the two (2) officers assigned to the D/FW Airport 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 $15,854.25), per officer. 7. In no event will the CITY OF FORT WORTH charge any indirect cost rate to DEA for the administration or implementation of this agreement. 8. The CITY OF FORT WORTH 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 CITY OF FORT WORTH 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 CITY OF FORT WORTH shall maintain all such reports.,.,. and records until all audits and examinations are completed and resolved, or for a period of three (3) years after termination of this agreement, whichever is sooner. 10. The CITY OF FORT WORTH shall comply with Title VT 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 CITY OF FORT WORTH 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 CITY OF FORT WORTH acknowledges that this agreement will not take effect and no Federal funds will be awarded to the CITY OF FORT WORTH by DEA 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 in part with Federal money, the CITY OF FORT WORTH shall clearly state: (1) the 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 project or program. 13. The term of this agreement shall be from the date of signature by representatives of both parties to September 30, 2008. This agreement may be terminated by either party on thirty days' advance written notice. Billings for all outstanding obligations must be received by DEA within 90 days of the date of termination of this agreement. DEA will be responsible only for obligations incurred by CITY OF FORT WORTH during the term of this agreement. the Drug �n�orcement Jam s L. Capra � Spe ial gent in Charge For the Joe P Assis city WORTH: torney APPROVED AS TO FORM AND LEGALITY: Karen Anderson Senior Assistant City Attorney M&C C-22584 Contract Authorization tion: Date Date: Date: rtternrs n o� 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 WORKPLACE 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 form. 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 Debarment and Suspension (Nonpro-curement) and Government -wide Requirements for Drug- Free Workplace (Grants)." The certifications shall be treated as a material representation of fact upon which reliance will be placed when the Department of Justice determines to award the covered transaction, grant, or cooperative agreement. LOBBYING As required by Section 1352, Title 31 of the U.S. Code, and implemented at 28 CFR Part 69, for persons entering into a grant or cooperative agreement over $100,000, as defined at 28 CFR Part 69, the applicant certifies that: (a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for in- fluencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in con- nection with the making of any Federal grant, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal grant or cooperative agreement; (b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or at- tempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, "Disclosure of Lobbying Activities," in accordance with its instructions; (c) The undersigned shall require that the language of this cer- tification be included in the award documents for all subawards at all tiers (including subgrants, contracts under grants and cooperative agreements, and subcontracts) and that all sub - recipients shall certify and disclose accordingly. 2. DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS (Dll2ECT RECIPIENT) As required by Executive Order 12549, Debarment and Suspension, and implemented at 28 CFR Part 67, for prospec- tive participants in primary covered transactions, as defined at 28 CFR Part 67, Section 67.510-- A. The applicant certifies that it and its principals: (a) Are not presently debarred, suspended, proposed for debar- ment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within athree-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connec- piiblic (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery; bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or lly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within athree-year period preceding this application had one or more public transactions (Federal, State, or local) terminated for cause or default; and B. Where the applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application. 3. DRUG -FREE WORKPLACE (GRANTEES OTHER TITAN INDIVIDUALS) As required by the Drums Free Workplace Act of 1988, and implemented at 28 CFR Part 67, Subpart F, for grantees, as defined at 28 CFR Part 67 Sections 67.615 and 67.620-- A. The applicant certifies that it will or will continue to provide a drug -free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing an on -going drug free awareness program to inform employees about -- The dangers of drug abuse in the workplace; (2) The grantee's policy of maintaining a drug -free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, (1) Abide by the terms of the statement; and (2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; (e) Notifying the agency, in writing, within 10 calendar days after receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such conviction. Check _if there are workplaces on file that are not identified Employers of convicted employees must provide notice, here, including position title, to: Department of Justice, Office of Section 67, 630 of the regulations provides that a grantee that Justice Programs, ATTN: Control Desk, 810 9 Street, N.W., is a State may elect to make one certification in each Federal Washington, D.C. 20531. Notice shall include the identification fiscal year. A copy of which should be included with each ap- number(s) of each affected grant; plication for Department of Justice funding. States and State (f) Taking one of the following actions, within 30 calendar days agencies may elect to use OR Form 4061/7. of receiving notice under subparagraph (d)(2), with respect to Check if the State has elected to complete OR Form 4061/7. any employee who is so convicted— (1) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the DRUG -FREE WORKPLACE requirements of the Rehabilitation Act of 1973, as amended; or (GRANTEES WHO ARE INDIVIDUALS) (2) Requiring such employee to participate satisfactorily in a As required by the Drug -Free Workplace Act of 1988, and drug abuse assistance or rehabilitation program approved for implemented at 28 CFR Part 67, Subpart F, for grantees, as such purposes by a Federal, State, or local health, law defined at 28 CFR Part 67; Sections 67.615 and 67.620-- enforcement, or other appropriate agency; A. As a condition of the grant, I certify that I will not engage (g) Making a good faith effort to continue to maintain a drug- in the unlawful manufacture, distribution, dispensing, posses - free workplace through implementation of paragraphs (a), (b), Sion, or use of a controlled substance in conducting any (c), (d), (e), and (f). activity with the grant; and B. The grantee may insert in the space provided below the B. If convicted of a criminal drug offense resulting from a site(s) for the performance of work done in connection with the violation occurring during the conduct of any grant activity, I specific grant: will report the conviction, in writing, within 10 calendar days Place of Performance (Street address, city, county, state, zip of the conviction, to: Department of Justice, Office of Justice code) 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: A g 'C�) ' " 'i' C'.� D�k�t, L � 2. Application Number and/or Project Name 3. Grantee IRS/Vendor Number 4. Typed Name and Title of Authorized Representative 5. Signature 6. Date OJP FORM 406116 REPLACES O1P FORINIS 4061/2, 4061l3 AND 4061/4 WHICH ARE OBSOLETE *U.S Govemmrnl Priming OiHce 1996 -405-037l40014 DATE: Tuesday, December 18, 2007 LOG NAME: 35DEAREIM08 REFERENCE NO.: *�C-22584 SUBJECT: Ratify Expenditures by the Police Department and Ratify the Exercising of Two Agreements with the U.S. Department of Justice, Drug Enforcement Administration to Continue Operation of the DEA Multi Agency Task Force and the DEA Dallas/Fort Worth Airport Task Force RECOMMENDATION: It is recommended that the City Council to ratify expenditures incurred by the Police Department in providing overtime under two agreements with the Drug Enforcement Agency, one for a Multi -Agency Task Force and a second agreement for a Drug Enforcement Administration Dallas/Fort Worth Airport Task Force. DISCUSSION: The Fort Worth Police Department has been an active partner in the Drug Enforcement Administration (DEA)/Multi-Agency Task Force and the DEA Dallas/Fort Worth Airport Task Force since the creation of the task forces in 1985. In previous years, the DEA extended the agreements by addendum but due to revised operating guidelines, new agreements were developed for future years. Since the previous agreements expired September 30, 2007, and new agreements had to be established, ratification of the actions up to this time is necessary. The Police Department has eight officers and one sergeant assigned to the unit and is reimbursed for overtime costs (including salary and benefits) up to $15,854.25 per officer, per year. In addition, all clerical costs associated with the program will be reimbursed to the City in an amount not to exceed $41,000, During the period of assignment of Fork Worth police officers to the DEA/Dallas Division/DFW Airport Task Force, the City of Fort Worth will remain responsible for establishing the salaries and benefits, including overtime, of the officers assigned to the Task Force. DEA will reimburse the City of Fort Worth for overtime payments made to the officers assigned to the Task Force. Ratify the agreements to begin September 30, 2007, through September 30, 2008, with automatic renewal by addendums agreeable to both parties. The renewals will be indefinite unless terminated in accordance with the original agreement. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that the Police Department will be responsible for the collection of revenues under these agreements. TO Fund/Account/Centers GG01 481035 0356300 FROM Fund/Account/Centers Logname: 35DEAREIM08 Page 1 of 2 Submitted for City Manager's Office by: Originating Department Head: Additional Information ContaC#: Joe Paniagua (6575) Ralph Mendoza (4212) Kara Shuror (4221 Logname: 35DEAREIM08 Page 2 of 2 �11111Kc UCLgoi� Ralph Mendoza Chief of Police Fort Worth Police Department 350 W. Belknap Fort Worth, TX 76102 Dear Chief Mendoza: U. S. Department of Justice Drug Enforcement Administration Dallas Field Division 10160 Technology Blvd. East Dallas, TX 75220 (214)366-6900 August 165 2007 Enclosed is the FY 2008 Task Force Agreement for the offcer(s) assigned to the Dallas Division/DFW Airport Task Force. Effective October 1, 2007, the reimbursable amount for state and local officers will be $15,854.25 per year or $3,963.56 per quarter. It is requested that the Agreement be signed and returned to the Dallas Field Division by COB September 17, 2007. If you have questions regarding this matter, please do not hesitate to contact me at (972) 574- 2111. Enclosure Sincerely, Calvin C. Bond Group Supervisor DFW Airport Task Force Page 1 of 2 City of Forf Worfh, Texas DATE: Tuesday, December 18, 2007 LOG NAME: 35DEAREIM08 REFERENCE NO.: **C-22584 SUBJECT: Ratify Expenditures by the Police Department and Ratify the Exercising of Two Agreements with the U.S. Department of Justice, Drug Enforcement Administration to Continue Operation of the DEA Multi -Agency Task Force and the DEA Dallas/Fort Worth Airport Task Force RECOMMENDATION: It is recommended that the City Council to ratify expenditures incurred by the Police Department in providing overtime under two agreements with the Drug Enforcement Agency, one for aMulti-Agency Task Force and a second agreement for a Drug Enforcement Administration Dallas/Fort Worth Airport Task Force. DISCUSSION: The Fort Worth Police Department has been an active partner in the Drug Enforcement Administration (DEA)/Multi-Agency Task Force and the DEA Dallas/Fort Worth Airport Task Force since the creation of the task forces in 1985. In previous years, the DEA extended the agreements by addendum but due to revised operating guidelines, new agreements were developed for future years. Since the previous agreements expired September 30, 2007, and new agreements had to be established, ratification of the actions up to this time is necessary. The Police Department has eight officers and one sergeant assigned to the unit and is reimbursed for overtime costs (including salary and benefits) up to $15,854.25 per officer, per year. In addition, all clerical costs associated with the program will be reimbursed to the City in an amount not to exceed $41, 000. During the period of assignment of Fort Worth police officers to the DEA/Dallas Division/DFW Airport Task Force, the City of Fort Worth will remain responsible for establishing the salaries and benefits, including overtime, of the officers assigned to the Task Force. DEA will reimburse the City of Fort Worth for overtime payments made to the officers assigned to the Task Force. Ratify the agreements to begin September 30, 2007, through September 30, 2008, with automatic renewal by addendums agreeable to both parties. The renewals will be indefinite unless terminated in accordance with the original agreement. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that the Police Department will be responsible for the collection of revenues under these agreements. TO Fund/AccountlCenters FROM Fund/AccountlCenters http : //www. cfwnet. org/council�acket/Reports/mc�rint. asp 1/23/2008 Page 2 of 2 GG01 481035 0356300 0.00 Submitted for City Manager's Office bv: Originating Department Head: Additional Information Contact: Joe Paniagua (6575) Ralph Mendoza (4212) Kara Shuror (4221) http://www.cfwnet.org/council�acket/Reports/mc�rint.asp 1 /23/2008