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HomeMy WebLinkAboutContract 429160 CITY SECRETARY CONTRACT NO. l ORGANIZED CRIME DRUG ENFORCEMENT TASK FORCES Agreement FOR THE USE OFTHE STATE AND LOCAL OVERTIME AND AUTHORIZED EXPENSE/STRATEGIC INITIATIVE PROGRAM Tax Identification #: $ 17,202.25 Number of Officers Listed: 1 From: ' �fik's oh-kA., Beginning Date of Agreement To: September 30, 2012 Ending Date of Agreement State or Local Agency Narcotics Supervisor: Sgt. Richard Morris Telephone Number: ' 817- 392 -3672 Richard.Morris E -mail Address: @ fortworthgov.org Fax Number: 817- 392 -3680 DC #: OCDETF Investigation / Strategic Initiative Number: SW -TXN -0316 Federal Agency Investigation Number: MW -11 -0008 State or Local Agency Name and Address: Fort Worth Police Department Gang Unit 350 W. Belknap Street Fort Worth, TX 76102 Sponsoring Federal Agency Ronald G. Robinson Group /Squad Supervisor: Group Supervisor Telephone Number: 817- 639 -2023 Ronald.G.Robinson E -mail Address: @usdoj.gov Sponsoring Federal Agency(ies): Drug Enforcement Administration/Fort Worth Resident Office Please provide the name, telephone number, e-mail address, and fax number for the administrative or financial staff person at the State or Local agency, who is directly responsible for the billings under this Reimbursement Agreement: Name: _Sgt Richard Morris Telephone Number: _817- 392 -3672. E -mail Address: _Richard.Morris @fortworthgov.org_ Fax Number: _817- 392 -3680 13 I OFFICIAL RECORD `t i CITY SECRETARY FT, WI?R 11- 1 "1 -11 PO4 :55 IN Agreement (FYI 2), Page 1 0 0 14 0 0 This agreement is between the above named State or Local law enforcement agency and the Organized Crime Drug Enforcement Task Forces ( OCDETF) Program. This agreement shall be effective when signed by an authorized State or Local agency official, the sponsoring Federal Agency Special Agent -In- Charge, the sponsoring Agency Regional OCDETF Coordinator, the Assistant United States Attorney Regional OCDETF Coordinator, and the OCDETF Executive Office. 1. It is agreed that the State or Local law enforcement officers named on this agreement will assist in OCDETF investigations, Strategic Initiatives and prosecutions as set forth in the Organized Crime Drug Enforcement Task Forces State and Local Fiscal Year 2. No individual agreement with a State or Local department may exceed $25,000, and the cumulative amount of OCDETF State and Local overtime monies that may be expended on a single OCDETF investigation or Strategic Initiative in a single fiscal year may not exceed $50,000 without express prior approval from the OCDETF Executive Office. The OCDETF Executive Office will entertain requests to exceed these funding levels in particular cases. Please submit a written request including justification approved by the AUSA Regional Coordinator to the OCDETF Budget Officer/Deputy Budget Officer when seeking to exceed the above stated funding levels. 3. Each Reimbursable Agreement will be allowed no more than six (6) modifications per year. In addition, if the funds for a particular agreement are completely deobligated with the intention of closing that agreement, it will not count as a modification for purposes of this policy. These amendments must be transmitted by a memorandum approved and signed by the AUSA Regional OCDETF Coordinator or designee for the region and sent to the OCDETF Executive Office. 4. If an Agreement does not have any activity during the last ninety (90) days, the funds shall automatically be deobligated. The OCDETF Executive Office will assist with the monitoring of the aging Agreements. Further, if a State or Local agency indicates that it is no longer performing work under a particular Agreement, the State and Procedures Manual requires that a modification memorandum identifying the amount to be deobligated be submitted to the OCDETF Executive Office as soon as possible after determining that no work is being performed. The State and Local la w enforcement agency must provide billing estimates or activity on a monthly basis. 6. The State or Local law enforcement agency agrees to provide experienced drug law enforcement officers who are identified in this agreement to work on the specified OCDETF investigation or Strategic Initiative. Any change in law enforcement officers assigned must be agreed to by all approving officials. 7. Officers who are not deputized shall possess no law enforcement authority other than that conferred by virtue of their position as a commissioned officer of their parent agency. Agreement (FYI 2), Page 2 15 E 8. Officers who are deputized may possess Federal law enforcement authority as specified by the agency affording the deputation. 9. Any State or Local officers assigned to an OCDETF Investigation or Strategic Initiative in accordance with this agreement are not considered Federal employees and do not take on the benefits of Federal employment by virtue of their participation in the investigation or Strategic Initiative. 10. OCDETF and the sponsoring Federal law enforcement agency(ies) for the approved OCDETF investigation or Strategic Initiative will provide to the assigned State/Local officers the clerical, operational and administrative support that is mutually agreed to by the parties in this agreement. 11. Officers assigned to OCDETF investigations or Strategic Initiatives must work full - time on the investigation(s) or Strategic Initiative(s) in order to be paid overtime. In order to satisfy the "full- time" requirement, a law enforcement officer must work forty (40) hours per week or eight (8) hours per day on a single or multiple OCDETF investigation(s) or Strategic Initiative(s). Any established exceptions or waivers to this definition shall be requested by the Regional Coordination Group and attached as Addendum A to the Agreement. [The parent State or Local agency must pay the base salary of its officers. In the event officers must work overtime on an OCDETF investigation or Strategic Initiative, the OCDETF Program will reimburse the parent State or Local law enforcement agency for a limited amount of those overtime costs.] The agency is responsible for paying its law enforcement officer(s) for their overtime, travel and per diem expenses. To ensure proper and complete utilization of OCDETF overtime and expense allocations, reimbursement claims must be submitted monthly on the OCDETF Reimbursement Request Form. The OCDETF Executive Office may refuse payment on any reimbursement request that is not submitted to the OCDETF Regional Coordination Group within thirty (30) days of the close of the month in which the overtime was worked. 12. It is the responsibility of the State & Local agency to retain and have available for inspection sufficient supporting documentation for all regular hours and overtime hours worked towards a specific OCDETF case. Officers' timesheets must reflect work towards a specific OCDETF case and must be reviewed and signed by an authorized State & Local official. 13. Analysis of reimbursement claims by the Regional Coordination Group may result in a modification of the obligation of funds contained within this agreement as well as the time period covered. The agency affected by any such modification will receive a memo notifying them of the changes. 14. Overtime payments, including all other non - OCDETF Federal sources (such as Safe Streets, HIDTA, IRS, ICE, FEMA, etc.) may not, on an annual per person basis, exceed 25% of the current approved Federal salary rate in effect at the time the overtime is performed. The State or Local agency is responsible for ensuring that this annual payment is not exceeded. The Executive Assistant/OCDETF Program Specialist will monitor these payments via MIS and communicate to the Federal Agency Regional OCDETF Coordinators who provide status updates to any officer approaching the threshold. Agreement (FYI 2), Page 3 16 0 0 15. The overtime log must be attached to the reimbursement request when submitting the monthly invoices. The Sponsoring Federal Agency Supervisory Special Agent and the State or Local official authorized to approve the Reimbursement Request must certify that only authorized expenses are claimed, the regular hours requirement is satisfied, and that overtime has not exceeded 25% of the current Federal salary rate in effect at the time the overtime was worked. 16. Under no circumstances will the State or Local agency charge any indirect costs for the administration or implementation of this agreement. 17. The State or Local agency shall maintain complete and accurate records and accounts of all obligations and expenditures of funds under this agreement for a period of six (6) years and in accordance with generally accepted accounting principles to facilitate inspection and auditing of such records and accounts. 18. The State or Local agency shall permit examination and auditing by representatives of the OCDETF Program, the sponsoring Federal agency(ies), the U.S. Department of Justice, the Comptroller General of the United States, and /or any of their duly - authorized agents and representatives, of any and all records, documents, accounts, invoices, receipts, or expenditures relating to this agreement. Failure to provide proper documentation will limit State or Local law enforcement agencies from receiving OCDETF funding in the future. 19. The State or Local agency will comply with Title VI of the Civil Rights Act of 1964 and all requirements applicable to OCDETF agreements pursuant to the regulations of the Department of Justice see, L.&., 28 C.F.R. Part 42, Subparts C and G; 28 C.F.R. 50.3 (1991)) relating to discrimination on the grounds of race, color, sex, age, national origin or handicap. 20. This agreement may be terminated by any of the parties by written notice to the other parties ten (10) business days prior to termination. Billing for outstanding obligations shall be received by OCDETF within thirty (30) days of the notice of termination. 21. The Debt Collection Improvement Act of 1996 requires that most payments made by the Federal government, including vendor payments, must be made by electronic funds transfer (EFT). In accordance with the act, all OCDETF reimbursement payments will be issued via EFT. All participating State and Local agencies must complete and submit the attached EFT form. The OCDETF Executive Office must receive one EFT form from each participating agency or police department prior to processing their reimbursement payments. In certain circumstances the OCDETF Executive Office may make exceptions for agencies that are unable to accept this form of payment, however, such agencies must include written justification in the addendum of each new agreement. 22. All changes made to the original agreement must be approved by the OCDETF Executive Office and initialed by the Executive Assistant/OCDETF Program Specialist of the Regional Coordination Group making the revision. The AUSA Regional OCDETF Coordinator or designee must initial all funding changes. Agreement (FYI 2), Page 4 17 CITY OF FORT WORTH Jeffrey W. Halstead Chief of Police Signature: W. -- Date: 10' 31.11 Charles W. Daniels Assistant City Manager Signature: Date: /1, 17, 11 APPROVED AS TO FORM AND LEGALITY: Monies Weftd Wood je, Assistant ,ity Attorney Signature✓ )�` —. i Date: AftdW by Ronald P. onzalea, AWL City 60416MY Date: Authori M &C: C. 2 S2$ 2 1k 1S 11 Contract Number: E 4 C7 E 23. The Regional Coordination Group is responsible for identifying and implementing any additional policy requirements, as needed, for its specific region. Those regional policies will be documented in the Addendum B and attached to the approved Agreement. The Agencies are agreeing to adhere to these additional requirements and must have written approval by the Regional Coordination Group for any exceptions to the regional policies. This agreement is not a contract or obligation to commit Federal funds in the maximum amounts projected. Funding allocations for the time period set forth and agreed to herein represent projections only and are based upon consultation between the sponsoring Federal agency and the State or Local law enforcement agency. They are, therefore, subject to modification by OCDETF based upon the progress and needs of the OCDETF investigation or Strategic Initiative. Additionally, resources are contingent upon the availability of funds per the approval and signature of the OCDETF Executive Office obligating authority. The OCDETF Executive Office will approve and certify that all the terms and conditions of the agreement have been met. Approved By: Authorized State or Local Official Approved By: James L. Capra, SAC Sponsoring Federal Age pecil Z in Charge or Designee Date'- Approved By: Sponsoring Agency Regional OCDETF Coordinator Date Approved By: Assistant United States Attorney Regional OCDETF Coordinator Date Funds are encumbered for the State/Local Agency overtime costs and authorized expense /Strategic Initiative Programs specified above. Subject to availability of funds. Funds Certified: OCDETF Executive Office Date Approving Official: OCDETF Executive Office Date Agreement (FYI 2), Page 5 18 ORGANIZED CRIME DRUG ENFORCEMENT TASK FORCES STATE OR LOCAL LAW ENFORCEMENT OFFICERS ASSIGNED TO PARTICIPATE IN THE STATE AND LOCAL OVERTIME AND AUTHORIZED EXPENSE /STRATEGIC INITIATIVE PROGRAMS State or Local Agency: Fort Worth Police Department (Gang Unit) OCDETF Investigation/ Strategic Initiative Number: MW -11 -0008 SW -TXN -0316 The law enforcement officers listed below will assist with the above identified OCDETF investigation or Strategic Initiative. Any modification of the list of law enforcement officers must be agreed to in writing by all of the parties to this Agreement, made a part of the Agreement, and forwarded to the OCDETF Executive Office. NAME TITLE/R.ANK DOB 1. Fluitt, Richard K. Detectve 02/16/1964 2. 3. 4. 5. 6. 7. 8. 9. 10. Agreement (FYI 2), Page 6 ok D 0 Addendum A Definition of "Full -Time Participation" Exemption Any Other Exceptions or Justifications Agreement (FYI 2), Page 7 20 C7 Addendum B Identification of Additional Policy Requirements Agreement (FYI 2), Page 8 21 C•1 ACH VENDORIMISCELLANEOUS PAYMENT ENROLLMENT FORM PA 11' L' Il- V1Vli-APi Y J1AV VMIVIA I IVIN (Include State and Local agency name as written on agreement coversneet) Name: Fort Worth Police Department Address: 350 W. Belknap Street, Fort Worth, TX 76102 Taxpayer ID Number: 75- 6000528 Contact Person Name: Gerald Chandler Telephone Number: 817 - 392 -4219 FINANCIAL INSTITUTION INFORMATION Bank Name: JP Morgan Chase, 420 Throckmorton Street, Fort Worth, TX 76102 Nine -Digit ABA Routing Transit Number: 111000614 Depositor Account Number: 1180121202 Type of Account: (checking/savings) Checking Please return with the Reimbursable Agreement The Debt Collection Improvement Act of 1996 requires that most payments made by the Federal government, including vendor payments, must be made by electronic funds transfer (EFT). A benefit of receiving payments by EFT is that your funds are directly deposited to your account at a financial institution and are available to you on the date of payment. If you have any question regarding the delivery of remittance information, please contact the financial institution (bank) where your account is held. If you have any question on the completion of this form, please contact the OCDETF State and Local EFT Coordinator at 202 -514 -1860 To inquire about a bill please contact: https: / /ywyw.ipp.goy/ Agreement (FY 12), Page 9 22 U M &C Review Page 1 of 2 Official site of the City of Fort Worth, Texas DATE: 11/15/2011 REFERENCE * *C -25282 LOG NAME: 35FBIOCDETFFY12 NO.. CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize Execution of a Cost Reimbursement Agreement with the United States Federal Bureau of Investigation for Participation in an Organized Crime Drug Enforcement Task Force, Accept Grant Funds in an Amount Up to $17,202.25 for Overtime and Adopt Appropriation Ordinance (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council: 1. Authorize execution of a Cost Reimbursement Agreement with the United States Federal Bureau of Investigation, Organized Crime Drug Enforcement Task Force in order for the Police Department to participate in the Task Force by temporarily assigning Fort Worth police officers to the Task Force; 2. Authorize Agreement to begin on October 1, 2011 and continue until September 30, 2012; and 3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grants Fund by $17,202.25 upon execution of the Agreement. DISCUSSION: During Fiscal Year 2006, federal funds were appropriated to fund overtime for police officers for detection, investigation and prosecution of drug crimes against the United States. The Federal Bureau of Investigation (FBI), Organized Crime Drug Enforcement Task Force ( OCDETF) formalized this Task Force with member agencies to become eligible to receive overtime reimbursement for their participation on the Task Force. The Fort Worth Police Department (a member agency) currently dedicates one police officer on a part -time basis to this effort as part of the Task Force. The Fort Worth police officer assigned to the Task Force assists in OCDETF investigations, strategic initiatives, and prosecutions as required by the FBI. The Police Department is reimbursed all overtime costs for participating on the Task Force. FISCAL INFORMATION /CERTIFICATION: The Financial Management Services Director certifies that upon approval of the above recommendations, execution of the Agreement and adoption of the attached appropriation ordinance, funds will be available in the current operating budget, as appropriated, of the Grants Fund. TO Fund /Account/Centers GR76 488989 035492559000 $17,202.25 GR76 5 $17,202.25 (VARIOUS) 035492559010 Submitted for City Manager's Office by: FROM Fund /Account/Centers Charles W. Daniels (6199) http://apps.cfwnet.org/council_packet/mc—review.asp?ID=l 5988&counci1date=1 1/15/2011 2/17/2012 M &C Review Originating Department Head: Additional Information Contact: ATTACHMENTS 35FBIOCDETFFY12 AON.doc Jeffrey W. Halstead (4212) Gerald L. Chandler (4219) Page 2 of 2 http: // apps. cfwnet. org /council _packet /mc_ review .asp ?ID =15988 &councildate = l 1/15/2011 2/ 17/2012 FORTWORTH Police Department Inter - Office Correspondence DATE: February 17, 2012 TO: City Secretary FROM: Mary Wilson Grant Specialist SUBJECT: City Secretary Number for FY2012 Organized Crime Drug Enforcement Task Forces Agreement ( OCDETF) Attached are four copies of the FY2012 OCDETF Agreement that need a City Secretary number. The DEA sent me only a signed copy of the agreement which is why I do not have an original copy to file with the City. This agreement was approved by the Council on 11/15/2011 with M &C C- 25282. A copy of the M &C is attached. Please contact Mary Wilson at 4239 with any questions. Thanks.