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HomeMy WebLinkAboutContract 55029 CSC No.55029 2021 SURGE PROGRAM-FUNDED STATE AND LOCAL TASK FORCE AGREEMENT HIDTA TASK FORCE GROUP 2 (Dallas) CITY OF FORT WORTH This agreement is made thislst 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. 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 Fort Worth,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, the City agrees to detail one (1) experienced officersto the HIDTA Task Force Group 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 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 U.S.C. Section 878. 5. To accomplish the objectives of the HIDTA Task Force Group 2, DEA will assign four(4) Special Agents to the Task Force. DEA will also, subject to the availability of annually OFFICIAL RECORD CITY SECRETARY FT.WORTH, TX appropriated funds or any continuing resolution thereof, provide necessary funds and 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 Task Force, 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. DEA 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 audits and examinations are completed and resolved,or for a period of six(6)years after termination of this agreement, whichever is sooner. 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 to the City 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 in part with Federal money, the City 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 effective from the date in paragraph number one until September.30, 2021. This agreement may be terminated by either party:on thirty 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.DEA will be responsible only for obligations incurred by City during the term of this agreement. [SIGNATURE PAGE FOLLOWS] For the,.Drug Enforcement Administration: Date: Ed iar A: Chavez: Special Agent in Charge I� i For the Fo t Worth Police Department; j Date: Edwin,.,�I�r i s. Chief o Police Fort Worth.Police Department Dater. / -moo Jay Chaps: Deputy.Gity.Manager I City of Fort_Worth APPROVED AS TO FORM AND-LEGALITY Dater 11=09-2020 1' lor.C..-Paris�. Assistant City Attorney p�4oR°`/�- a A7000 °oo .. .. t 0 .. ATTESTED.BY: ° ° ° ° oneonald P. GonzalosP. Gonzales d�� °°°°°°°°°°°° p exp a Dec 10 2020 for Ronald P.,Gonzales(Dec 10,202011:28Cs� aI1�bna�5 ba Dater Mary J. Kayser City Secretary ,CONTRACT COMPLIANCE MANAGER:: By,signing I acknowledge that I am the person responsible for the.monitoring:aiid administration of this contract, including ensuring all performance and feporting::reggiremehts`. . I OFFICIAL RECORD CITY SECRETARY FT.WORTH, TX 7 D -2Z-DDZf) Adriana Gonzales Date Management Analyst OFFICIAL RECORD CITY SECRETARY FT.WORTH, TX n f.. U.S. DEPARTMENT OF JUSTICE i f OFFICE OF JUSTICE PROGRAMS OFFICE OF THE COMPTROLLER CERTIFICATION'S 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 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. i 1. LOBBYING i0lic (Federal .State,.c1r tocal) tra sa io or IPA tr ct underi transaction;. vloolation of �ede a� or nitrusfAs remuir db e i 3�57G9T#tle 31 of the-U:S. Code, anc� utes of commission of embez �ement, for ery, imp a en d aY 2 a rsons ent m into i e falsification.or destruction otz recordaking �alse r co a afive reement over��b8br as define at 2%ZR s{�eNnts, or receiving stolen property; Fart e�tTel app�, a certifies that: Are not present) indict d for or th rwise criminal) or civil (a) No Federal appropriate funds have been paid or will be paid, CtSar ed b a overt ntaef ntd (Federal, St te, or I�cal)wil� y or on behalf of the undersigned, to any person for influencing 4�mi�sh;ioyn�. an off tie ofteens�s enumerate rn paragraph 1) or attemptinq to influence an officer or employee of any agency, lb o is ce i ica on;and a Member oT Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the d Have not within athree- ear eriod a edin tthi a pli atio� making ,of any Federal grant the entering into of any ` �don er more �unhi�Cryar�sa�tiensedceral,gStae,porclocal) cooperative agreement, and extension, continuation, renewal, ermina a for caus or a au t;an amendment, or modcation of any Federal grant or cooperative agreement; s Where the' a plica�.t is.unable to c rtify to an of the stat me is in this rt�.cation, he or s�ie shall Nacn an b.If an finds of er than Federal r riated funds have been expleanaiionto this application. id or�rill ue id to an rson fo IRR encin or a em in to B uence an o cer or eyirFpp�o ee o>�an a en�L , a le�ibin o U ress ar#dicer or empio X oT Con�reg ,orYaa e p o e of 3 DRUG-FREE WORKPLACE a M�mbe�o on ress i co ne tiop t t is Fe era n or c �eratiXee a�refne�nt, ther�c�ersie� Sall comp e�eb and (GRANTEES OTHER THAN INDNIDUALS) u it tan ar orm. -. isclosi_ o o bymg ivrtres, in accordance with i s instructions; As rer�uireddd b plhgeCFp�u Frte� W rkbplacce�ct of 1988, and Fe?i afteA Part �rSections 6.615'and VIM-, as The nd!'rsi ne sh II re airs that the la u e of this cer- cation ind�ded m t�e a rd dran �oocumentts o sub�anwards a A Thee all t c rtifies that it will or will continue to provide a recipientspt' haf�incl tleeae ndgeisclose acnroti��rig�y. �rtl�at el� SUT_ drug-freewgr�cpsaceeby: (a Py,b'lIishin a stat meet noti{vIn R$toyees that the u�law f mar�ufa u e, eis nbution, tlis��n�,' p ssession, qr g�gpENg g1 a coretro uJ sal ls�ance is R`� e'Sf"n �h� �ranteel C1TTER510N,AND OTHER wo�p ace n ecif neacts wi be a e agarns 11'J employeesor vi�atio�i oy such pro�iibition; (b) Este bli hin an on-going drug-free awareness program to As re aired b Executi a Or r 12549, D barment end inform emp�oye�s eout- SauP�na�n,anp�lilmp�rleYmene�8ttansadRoPns,6asf�epi e�a � WC-Pa Part b�7,�ection IT �- (1)The dangers of drugs abuse in the workplace; (2)The grantee's policy of maintaining a drug-free workplace; A. The applicant certifies that it and its principals: i ��ass aavailable dru c unseling, rehabilitation, and employee �'a�i pro rams,gancQ (a)Are not present debarred,debarred,suspended, proposed for debar- 9 n nt declared inell iible, sentenced to a denial of Federal benefits by a State or-Federal court, or voluntaril excluded from 4�The alties that ma .b im o edd u on employees for drug covered transactions by any Federal department or agency; (a` use V o afions occurringyin�fhe�nrosrkplacpe; ((c) Maki it a re%' ment that each enlo ee to be en ed in tb� Have Rot wdth' a thr a-yea enod W,recedin t is a ppI' tion 4he er1`o,�,,ance of t�, rant be given a c�py of the stat�ment recn.ommis on of. auoe ar a�cri�diia es ain�conr�ect onlwei i requpired by paragrapi�e(a�; 0 aining,alempfing to o a performing d Noti�vi the emplo ee. in �he Istatement de Bred bty �racraph �tAWt,as a condition o emp oyment un er a gran, e e ploy wi - OJP FORM 4061/6(3-91)REPLACES OJP FORMS 4061/2,4062/3 AND 4061/4 WHICH ARE OBSOLETE. W (1)Abide by the terms of the statement;and n v lat ono aecrnnnsad�in st ut8°oc u�f np.p herhe workpolace no latttcer tan_ive ca en ar agys a er such con is ion; e) Ngti in the aaef��c , in writin withn c lendar days after eceiynrTOQce tinge�esub�tra aph. a)� �orrn an eq'lo ee Check r .hf there are workplace on file that are not identified r o is rege vi a ua notic uc cogt n. ere, m iovers o c nwc m o es st rovi otice, mosAfiontdl a a ,l o sic �f>1 a o1' ice am Q� troT �etsk, 6 c is a �ve�ue� Sectitn 67,6 0 tf the eulations.p�ov}des.that a g nee that i Wa m n D.C.' I tTO ice sha�I mc�uc�e the i en ifica'tion a a e ma e e th.c a or�cem i o m. achcFh�dt fi num er�s�o each a ected grant; may elect to uns�eo Jf�From � nc�dles a�nde�tate pN9en�ciees gJTa=nq one. of the,followirle actignns,�wgithPrn O( lend reWs ecewin notice uncl r suGG ar ra d wigCheck if the State has elected to complete OJP Form pec to any em�loyee who is so convi e r 4061/7. L1�e� king appro�r h pe %o ��fio,n aoaiste sw tee DRUG-FREE WORKPLACE o ee, u #ot r nclupi a in io coTsrst(t ��� req it mentspo he a abilitlat pn c o 19n/3,as a men dne or (GRANTE�ES WHO ARE INDIVIDUALS) use such or el�d{litatlo�i�� ra to facov*1 1e �torasuc �n�lerr�e t�CFf PCFF �Frt g7Workplace�c(t of 1988, and umsoe as i an or e CCi S��PP rt Q ntees, as geotneeap�ropri ed agency e, or o ea h,Raw en orcemen , e I - a art 6 ;Sections 6 .��5 and ti�l.bgr2�- A As a, °�dition of the grent.I certify that I Will not engage in (g)Making a good faith effort to.continue to maintain a drug free th usel of a ontrrool�ed�substancet�le'congitlonineri�a°ctsm ywointh workplace through implementation of paragraphs(a), (b),(c), (d), tie grant;and (e),and(0. The rante ma insert in tVe ace.provided below the Me B. If convinced of a criminal druq offense resulting,from a s) four ttte�ertorm�nce of work opone iei connection with tde violation occurring during the conduct of any gprant activity, I will PPecs is gra t: report the convictgion in writing, within 10 carendar days of the conviction,to: De ar ment of Justice, Office of Justice Programs, Place of Performance (Street address, city, country, state, zip D C20531.Control Desk, 633 Indiana Avenue, N.W., Washington, Ii i 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 2. Application Number and/or Project Name 3. Grantee IRSNendor Number 75-6000528 4. Typed Name and Title of Authorized Representative Edwin Kraus 5. Signature 6. Date Ed Edwin Kraus &(Dec KN 2020� 6:24 CST) 12/01/2020 i ` I II i CITY COUNCIL AGENDAT T1I DATE: 10/20/2020 REFERENCE **M&C 20- LOG NAME: 35FY2021 HIDTA TASK NO.: 0761 FORCE GROUP 2 SURGE 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$19,180.00 for Participation in the Texoma High Intensity Drug Trafficking Areas Task Force Group 2 SURGE for Fiscal Year 2021, 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 SURGE for Fiscal Year 2021; 2. Authorize the acceptance of an amount up to $19,180.00 for the reimbursement of overtime costs for one officer assigned to the Texoma High Intensity Drug Trafficking Areas Task Force Group 2 SURGE for one year; and 3. Adopt the attached Appropriation Ordinance increasing estimated receipts and appropriations in the Grants Operating Other Fund in an amount of $19,180.00, 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 SURGE (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 one officer to the Texoma HIDTA Task Force Group 2 SURGE. 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$19,180.00. 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 Other Fund. The Police Department(and Financial Management Services)will be responsible for the collection and deposit of funds due to the City. Prior to an 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 2) 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 TASK FORCE GROUP 2 SURGE 21003.docx Signature: 5 Signature: Email: allison.tidwell@fortworthtexas.gov Email: