HomeMy WebLinkAboutContract 55027 CSC No.55027
2021 HIDTA STATE AND LOCAL TASK FORCE AGREEMENT
DALLAS FIELD DIVISION
HIDTA TASK FORCE GROUP 2 (DALLAS)
CITY OF FORT WORTH
FORT WORTH POLICE DEPARTMENT
This agreement is made this 1st day of October 2020, between the United States Department of
Justice, Drug Enforcement Administration (hereinafter "DEA"), and the City of Fort Worth, a
home rule municipal corporation, acting by and through Jay Chapa, its duly authorized Deputy
City Manager, ORI# TX2201200 (hereinafter "City"). 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.
r
Whereas there is evidence that trafficking in narcotics and dangerous drugs exists in the Fort
Worth 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 HIDTA Task Force Group 2 (HIDTA TFG 2) will perform the activities and duties
described below:
a. disrupt the illicit drug traffic in the 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 to effectuate prosecution
before the courts of the United States and the State of Texas.
2. To accomplish the objectives of the HIDTA TFG 2, the City agrees to detail
seven (7) experienced officer(s) to the HIDTA TFG 2 for a period of not less than two years.
During this period of assignment, the City officers will be under the direct supervision and
control of DEA supervisory personnel assigned to the task force.
3. The City 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 City 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 -TFG 2, DEA will assign four (4) 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 City officers assigned to the task force. This support
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH, TX
will include: office space, office supplies, travel funds, funds for the purchase of evidence and
information, investigative equipment,training and other support items. f
6. During the period of assignment to the HIDTA TFG 2, the City 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. HIDTA will, subject to availability of funds,
reimburse the City for overtime payment. Annual overtime for each state or local law
enforcement officer is capped at the equivalent of 25% of a GS-12, Step 1, of the general pay
scale for the Rest of United States. Reimbursement for all types of qualified expenses shall be
contingent upon availability of funds and the submission of a proper request for reimbursement
which shall be submitted monthly or quarterly on a fiscal year basis, and which provides the
names of the investigators who incurred overtime for DEA during the invoiced period, the
number of overtime hours incurred, the hourly regular and overtime rates in effect for each
investigator, and the total cost for the invoiced period. Invoices must be submitted at least
quarterly within 10 business days of the end of the invoiced period. 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 City charge any indirect cost rate to DEA for the administration or
implementation of this agreement.
8. The City 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 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 shall maintain all such
reports and records until all litigation, claim, audits and examinations are completed and
resolved, or for a period of six (6) years after termination of this agreement, whichever is later.
10. The City 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 City 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 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 City
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 City officers assigned to the HIDTA
task force 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, 2021. 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 City during the term of this agreement.
[SIGNATURE PAGE FOLLOWS]
i
For the Drug Enforcement.Administration:
' Date:
Eduardo.A:Chauez l
ar g S ecial.A ent in.Ch i
P g be.
i
For the City of Fore Worth: -
�, i- -_ Date A
J
Edwin:J.I aus
Chief'of Police
Fort Wotth.Police Department .
( ' Date:
Jay Chapa
Deputy.City Manager
City of Fort,worth
APPROVED AS TO FORM,AND LEGALITY
_ . . _ .
Date:_ 11-09-2020 . .
Tj4ybort,Paris
Assistant.City.Attorney ".
poi FORr��a
o o 000
ATTESTED BY: do op�dd
�0��0`IGI iy C70`lG' 1 v o =a°
'for Ronald P.Gonzales(Dec 10,202011:18 CST) p��?f o 0 .Date: 12/10/2020
0000000000 a
.. - .. ...
Mary J:Kayser aaa�nExASaaa
City Secretary
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH, TX
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.
aAN � � n-2-7 -ZoW
Adriana Gonzales Date
Management Analyst
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH, TX
A
U.S. DEPARTMENT OF JUSTICE
OFFICE OF JUSTICE PROGRAMS
• OFFICE OF THE COMPTROLLER
,F
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 instructionsfor 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
Govemment 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 Ilic (Federal .State,, r local) tea sactio or co tr ct un erip transaction;, vloolation of Me aln or �}a n itrus!As required by Sec�on 1352 Tale 31 of the U:S. Code, andutes o commission of embez cement, the ,. forgery,impertlenteSi aY 28 CFR Part 69 #prp rsonsent in into t e falsification.or d struction o records, making Talse
r co a ative reement over$1UU,�00, as deefine�J at 2%RN sta er7ients, or receiving stoefen property;
Fart ff,tTe app I ant certifies that:
Are Rot present[ indict d fo[or th rwise criminal[ or civil[
(ba) No Federal appropriate funds have been paid or will be paid, CiSar ed py a overt ntaef ntit (�ec�eral, St te, or I�cal)wi f�
y or on behalf of the undersigned, to any person for influencing �gm ,{sh$ion� a` of��ie of�en3 s enumerated a paragraph �1)
or attemptingg to influence an officer or employee of any agency, o is cer i ica on;and
a Member of Congress, an officer or employee of Congress, or
an employee of a Member of.Congress in connection with the Ltd Have not within a tthhfee-year eriod a edin tthi a li atio
making _of any Federal grant the entering into of any ad onsr more �ubli�C ryar�sa�isns edceral9Stae,pgr�focar
cooperative agreement, and exfension, continuation, renewal, ermina a for caus or a au t;an
amendment, or modification of any Federal grant or cooperative
agreement; ��tt bl
sBtat meets inethTplicrt�.cationa he for s�ie��shallaa�tac�i the
SAY an ff ds ofhher than Federal a r rioted funds have been expleana�ion to this application.
orv�ril�oe id to an rson fo QZerincin or attain in to
Gence an o cer or ern :) ee _an a eno , a Me�ibelq o
a dress ar dicer or etn o ee o?Co res ,o as e p oye�o DRUG-FREE WORKPLACE
mbe�o on ress in co ne - t� t is a era n or
Cos ae are t, the ersi e s al co p e�e and �RANTEES OTHER THAN INDIVIDUALS)
urrrtttandarorm. -. �� �Isclosure o obbying
Ivities, in accordance with i s in§tructions; As re��uinr1redaa bhgeCp Fre W9rk lartce p t of 1988, and
�e?,l ette28 FM Part FiUctions�6.615'Nnd V�t�ss, as
(( The ndersi ned sh II re uire that the la u e of this cer-
4i cation ind r�ded in t e a� rd documents o� ��subawards a A. Te apgla�t certifies that it will or will continue to provide a
aO tiers.�includin s�r gran s, �ontractsg uncrder rant ar�dt drug-ree w pace y:
cog t;fatlV fee eri S, rid SU contr CtS an that a su -
reci�ients sha��certify and ad, accor�ing�y.
(a P blIishin a stat meet noti{vin ern Io ees that the
u�law� l m1 ufa�tude, is ributio0, tlis nisi ssessior�, qr
use a co tro e . Su s once Is i e.� n h ranee
SUSgP�ENggION,AND OTHER wori�polace jno s epif�n� t ehactiR Rr al will ae aeker�again
TTERS emp oyees or vi atio o su pro i it,on;
'�Y1�I) rb) Establi hin a ongoing drug-free awareness program to
As re aired b ecuti a Ordd r 549, Debarment �a?nd tnform emp�oye�s a�out-
Sau�Pcen�an,anp�impermen�ed8tt?ans�c. Prt'6aSf�ePne of �
�FR I'art1 7,%ecUon 67T1 t� (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;
(a3d A� available drug�c�unseling, rehabilitation, and employee
(a)Are not presently debarred, suspended, proposed for debar- sis ce programs; n
n nt declared ineticcL�ible, sentenced to a denial of Federal
benefits by a State or F Yeralyourt, or voluntarily exclude 9fro Y �41 The�gr�alties that may.beimpwosdepc�a`pe n employees for drug
covered transactions b an Federal department or agency;; use v a ions occurrngg in e o
�c) Mak* it a rec�it merit tgat each emslo�ree to t R en a ed ir�
b Have Roaewth' a thr e- ea enod recedin t is a pli tion a ero once t� ran be given c py of he s t�men
�e4nro[croimis 'o en off Wrauo ga ac c(i in a oWt cede e apec�t on"weimi requpired by paragraphs e(a�;
o�taining,alempting to o tain,or pe orming a
(d eN�nottifvo � the emplo e� in he plstytement degtr re9 bty
p y th t,as a c ition o ern o ment un er a ran,
OJP FORM 4061/6(3-91)REPLACES OJP FORMS 4061/2,4062/3 AND 4061/4 WHICHARE OBSOLETE.
V
i
(1)Abide by the terms of the statement;and nn
valat otno#aeceimQloyedrun s n ute°occurnnr heiheowockplace no
lafer gran five calendar dais after such con ic ion;
e) fy fyinp he a0ge�r�su ling pwh(th a)� lemdar day after
ecei n once n e su ra a o h an ermri to ee Check r f there are workplace on file that are not identified
r is rece vi a ua no
tic uc convi ti n. here.
mo o ers o c nv�c m o ees st rove E once, n u in
ospdioi tdle a of t o>m s{�ic Uf1n a ot! a Ica
�f� am A7Q�J a ttrot e(sk, 6g ni (a a �ve ue( N Se6ti�n 67,690�f the eulations, .mv}des.that a nee that i
Wa m 'n D.C. 1. Mice shall mcur�e the i en ifica'tiori a a e ma e e to, a o cem o in, achhe�er Nat ca�
num er�sYofeach a ected grant; ma yelact toXn? �J� ticem i ipg.. atess a�nde �ate pegennci ca es
T ngr one, of the. followiae actigns, wgithprh 30)(��le"A
vs o eceivin notice un r su ar ra Check if the State has elected to complete OJP Form
respect to any employee who is so conviatec� r 406117.
�1 Taking ap ro ri to p 1'so nel ,accttion a aN t such n
r�ialo�ree, u �rhncluSir�lgedn}inRti co�rsisent w�th teie DRUG-FREE WORKPLACE
req it me'ntspo he a abili a on c o 1%J 3,as amended;or (GRANTEES WHO ARE INDIVIDUALS)
sequiriista eh emgl �leatPo�i � ra to faeove�ifoasuc iAnglerr�eirt $CFf PCF6 gh .7WSgrkplaceFArft of lee and
use as i an or a 4i r� r n88, as
gea'teiee DYappr EPriate agency e, or o ea h,Raw en orcemen , e ne a art 6 ;Sections 6 .�15 and be!/.bg2�-
A. As a ndition of the g nt,.I certify that I Will not engage in
(g)Making a good faith effort to,continue to maintain a drug-free the unlav ul marilacture, d�istnbutipn, disdensingq po;?Qgiioq
workplace through implementation of paragraphs(a), (b),(c), (d), gr use o Marc substance in con Ilion ri active wi h
(e),and(f). a grant;an
s) To�he.grantee may insef�in the s ace.Rrovided below the ite B. If convinced of a criminal drug offense resulting.from a
trcenpertorm8nce of work done iei connection with t e violation occurring during the conduct of any grant activity, I will
Peci is gra t: report the conviction in writing, within 10 calendar days of the
conviction,to: Department of Justice, Office of Justice Programs,
code) of Performance (Street address, city, country, state, zip ATD.:Control Desk, 633 Indiana Avenue, N.W., Washington,
li
531.
j �
As the duly authorized representative of the applicant,I hereby certify that the applicant will complywith the above certifications.
1. Grantee Name and Address:
City of Fort Worth
505 W. Felix St.
Fort Worth TX 76115
it
2. Application Number and/or Project Name 3. Grantee IRSNendor Number
75-6000528
4. Typed Name and Title of Authorized Representative
I
Edwin Kraus
5. Signature 6. Date
I ,
ergH;'z Kmark 12/01/2020
Edwin Kraus(Dec 1,202016:24 CST)
I
CITY COUNCIL AGENDA FORT 1I
DATE: 10/20/2020 REFERENCE **M&C 20- LOG NAME: 35FY2021 HIDTA TASK
NO.: 0762 FORCE GROUP 2
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT. (ALL)Authorize Execution of Agreement with the United States Department of Justice,
Drug Enforcement Administration for Reimbursement of Overtime Costs in an Amount Up
to$134,261.00 for Participation in the Texoma High Intensity Drug Trafficking Areas Task
Force Group 2 for Fiscal Year 2021,Authorize Execution of Asset Forfeiture Sharing
Agreement and Adopt Appropriation Ordinance
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 Task Force Group 2 for Fiscal Year 2021;
2. Authorize the execution of an Asset Forfeiture Sharing Agreement governing the Texoma
High Intensity Drug Trafficking Areas Task Force Group 2 equitable sharing requests and
participation in the United States Department of Justice Equitable Sharing Program;
3. Authorize the acceptance of funds, in an amount up to $134,261.00, for the reimbursement
of overtime costs for seven officers assigned to the Texoma High Intensity Drug Trafficking
Areas Task Force Group 2; and
4. Adopt the attached Appropriation Ordinance increasing estimated receipts and appropriations
in the Grants Operating Federal Fund in an amount up to $134,261.00, 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)Task
Force Group 2 (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 will assign seven officers to the HIDTA 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 up to $134,261.00. Benefits such as retirement, FICA
and other expenses are not reimbursable. This is a reimbursement agreement and indirect costs are
prohibited. No matching funds are required.
This Task Force serves ALL COUNCIL DISTRICTS.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendations and adoption of
the attached appropriation ordinance, funds will be available in the current operating budget, as
appropriated, in the Grants Operating Federal Fund. The Police Department (and Financial
Management Services)will be responsible for the collection and deposit of funds due to the City. Prior
to expenditure being incurred, the Police Department has the responsibility to validate the availability
of funds. This is a reimbursement grant.
TO
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year (ChartField 21
FROM
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year Chartfield 2
Submitted for City Manager's Office by: Jay Chapa (5804)
Originating Department Head: Ed Kraus (4231)
Additional Information Contact: Adriana Gonzales (4217)
ATTACHMENTS
35FY2021 HIDTA GROUP 2 SURGE 21001.docx
Signature:
Email: