HomeMy WebLinkAboutContract 40782 (2)CITY SECRETARY
CONTRACT NO,
City of Fort Worth
Task Force Group 2 —DFW Airport
2011 STATE AND LOCAL TASK FORCE AGREEMENT
This agreement is made thisd!! day of 22010,
between the United States Department of Justice, Drug Enforcement
Administration (hereinafter 'IDEA"), and 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 Metroplex area and that such
illegal activity has a substantial and detrimental effect on the
health and general welfare of the people of Dallas/Fort Worth
Metroplex area, the parties hereto agree to the following:
1. The DFW Airport Task Force will perform the activities and duties
described below:
a. disrupt the illicit drug traffic in the Dallas/Fort Worth
Metroplex 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.
accomplish the objectives of the DFW
CITY OF FORT WORTH agrees to detail two (2)
irport
3. The CITY OF FORT WORTH 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 CITY OF FORT WORTH 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 DFW Airport Task Force, DEA
will assign three (3) Special Agents and one (1) supervisor to the �;+�(��
Task Force. DEA will also, subject to the availability of annually,
i
�I N
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 DFW 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 officers assigned to the DFW Airport Task Force
for overtime, up to a sum equivalent to 25 percent of the salary of a
3S-12, step 1, (RUS) Federal employee (currently $17,202.25),-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 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
I
mposed 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, 2011. This agreement
may be terminated by either party on thirty days' advance written
notice. Billings for all outstanding obligations must be received by
)EA 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.
For the DRUG ENFORCEMENT ADMINISTRATION:
'es L. Capra
e ial Agent i CYtarge
CITY OF FORT WORTH:
Tom Higgins
Assistant City
1� "
Monica Wofford
Assistant City
Marty Hendrix`
City Secretary
r.
Manager
Attorney
Contract Authorization
C
Date
I
CE
As required by the Drug -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. As a condition of the grant, I certify that I will not engage in the unlawful
manufacture, distribution, dispensing, possession, or use of a controlled substance in
conducting any activity with the grant; and
B. If convicted of a criminal drug offense resulting from a violation occurring during the
conduct of any grant activity, I will report the conviction, in writing, within 10 calendar
days of the conviction, to:
Department of Justice
Office of Justice Programs
ATTN: Control Desk
810 Seventh Street, N.W.,
Washington, 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:
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2. Application Number and/or Project Name:
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3. Grantee IRS/Vendor Number
4. Type/Print Name and Title of Authorized Representative
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5. Signature
6. Date
JP FORM 406
O1/6 (3-91) REPLACES OJP FORMS 4061/2, 4061/3 AND 4061/4 WHICH ARE OBSOLETE.
OFFICE OF JUSfn!e SECRETARY
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TICE PROGRAMS B�J1A-,,N�IJ OJJDP BJS OVC
U.S. DEPARTMENT OF JUST/CE
OFFICE OF JUSTICE PROGRAMS
OFFICE OF THE COMPTROLLER
CERTIFICATIONS REGARDING LOBBYING; DEBARMENT,
SUSPENSION AND OTHER RESPONSIBILITY MATTERS
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 (Non -procurement) 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.
1. 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 influencing 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 connection 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 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 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 certification 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 SUSPENSION9 AND OTHER RESPONSIBILITY MATTERS
(DIRECT RECIPIENT)
As required by Executive Order 12549, Debarment and Suspension, and implemented at
28 CFR Part 67, for prospective 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 debarment, 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 connection with obtaining, attempting to obtain, or
performing a public (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 civilly 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 a three-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 THAN INDIVIDUALS)
As required by the Drug -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 adrug-free workplace by:
(a) Publishing a statement notifying employees that the unlawful manufacture,
I 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
(1) The dangers of drug abuse in the workplace;
(2) The grantee's policy of maintaining adrug-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, the employee will
(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. Employers of convicted employees must provide
notice, including position title, to:
Department of Justice
Office of Justice Programs
ATTN: Control Desk
810 Seventh Street, N.W.,
Washington, D.C. 20531
Notice shall include the identification numbers) of each affected grant;
(f) Taking one of the following actions, within 30 calendar days of receiving
notice under subparagraph (d)(2), with respect to any employee who is so
convicted
(1) Taking appropriate personnel action against such an employee, up to and
including termination, consistent with the requirements of the Rehabilitation Act
of 1973, as amended; or
(2) Requiring such employee to participate satisfactorily in a drug abuse
assistance or rehabilitation program approved for such purposes by a Federal,
State, or local health, law enforcement, or other appropriate agency;
(g) Making a good faith effort to continue to maintain adrug-free workplace
through implementation of paragraphs (a), (b), (c), (d), (e), and (f).
B. The grantee may insert in the space provided below the sites) for the performance of
work done in connection with the specific grant:
Place of Performance (Street address, city, county, state, zip code)
Check — if there are workplaces on file that are not identified here.
Section 67, 630 of the regulations provides that a grantee that is a State may elect to
make one certification in each Federal fiscal year. A copy of which should be included
with each application for Department of Justice funding. States and State agencies may
elect to use OJP Form 4061/7.
Check _ if the State has elected to complete OJP Form 4061/7.
TO: Gerald Chandler,
FROM: Marlena Tinker, City Secretary's Office
DATE: September 2, 2010
SUBJECT: Request Approval of Third Option for DFW Airport Task Force Agreement for
FY 2011 with the Drug Enforcement Administration.
These documents are being forwarded to you for original signatures from Drug Enforcement
Administration. All signed copies of the contract must be returned with original signatures for final
processing.
Failure to return the documents will delay the final processing of the contract. Once we have
received all of the documents, we will assign a contract number. Thank you in advance for your
cooperation.
If you have any questions, please call me at 817-392-6090.
Attached: 4 sets of contracts