HomeMy WebLinkAboutContract 55065 CSC No.55065
2021 TACTICAL DIVERSION TASK FORCE AGREEMENT
DALLAS FIELD DIVISION
TACTICAL DIVERSION SQUAD (FORT WORTH)
CITY OF FORT WORTH
FORT WORTH POLICE DEPARTMENT
This agreement is made this 1 st 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 controlled substance pharmaceuticals and/or listed
chemicals 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 Tactical Diversion Squad (Fort Worth) Task Force will perform the activities and duties
described below: .
a. Investigate, disrupt and dismantle individuals and/or organizations involved in
diversion schemes (e.g., "doctor shopping", prescription forgery, and prevalent retail-level
violators) of controlled pharmaceuticals and/or listed chemicals in the Fort Worth area;
b. Investigate, gather and report intelligence data relating to trafficking of controlled
pharmaceuticals and/or listed chemicals; 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 Tactical Diversion Squad (Fort Worth) Task Force, the
FWPD agrees to detail one (1) experienced officer to the Tactical Diversion Squad (Fort Worth)
Task Force for a period of not less than two years. During this period of assignment, the FWPD
officers will be under the direct supervision and control of a DEA supervisory Special Agent
assigned to the Task Force.
3. The FWPD officer 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 FWPD officer assigned to the Task Force shall be deputized as Task Force Officers of
DEA pursuant to 21 U.S.C. Section 878�
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
5. To accomplish the objectives of the Tactical Diversion Squad (Fort Worth) Task Force, DEA
will assign three (3) Special Agents and one (1) Diversion Investigator to the Tactical Diversion
Squad (Fort Worth) Task Force. DEA will also, subject to the availability of annual Diversion
Control Fee Account (DCFA) funds or any continuing resolution thereof, provide necessary
funds, vehicles, and equipment to support the activities of the DEA Special Agents and FWPD
officer assigned to the Task Force. This support will include: vehicles, office space, office
supplies, travel funds, funds for the purchase of evidence and information, investigative
equipment, training, and other support items, as available DCFA funds permit. Task Force
officers must record their work hours via DEA's activity reporting system.
6. During the period of assignment to the Tactical Diversion Squad (Fort Worth) Task Force, the
FWPD 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 FWPD 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 FWPD charge any indirect cost rate to DEA for the administration or
implementation of this agreement.
8. The FWPD 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 FWPD 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 FWPD 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 FWPD 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.
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11..The FWPD agrees.that.an authorized officer or employee will execute and retunr to..DEA the..
attached OJP Form 406116, Certification Regarding Lobbying; Debarment,' .Suspension and
Other Responsibility Matters;- : and Drug Free Workplace Requirements. The FWPD
acknowledges that this-agreement::will not take effect and no. Federal funds will be.,awarded to
the.FWPD 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 pant with Federal-money, the .
.FWPD 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 fiends 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, be terminated by eitler,party on thirty days"advance k
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 FWPD during the term of this agreement:
For the-Drug Enforcenient.Administration:
3 b 2aZ�
' Eduardo A:Chavez Date.-
Special Agent in Charge.,
Dallas Field Division
For the oil Worth Police Department
...
�zo
`dwi�i Jk aus Date
:-Chief of olice
FortWorth Police Department
Date:
Jay Chapa:
Deputy City Manager
City of Fort Worth:
APPROVED AS TO FORM AND LEGALITY
Date: 11-09-2020
T ylor Paris OFFICIAL RECORD
Assistant City-Attorney CITY SECRETARY
FT. WORTH, TX
ATTESTED BY:
,d�vonn�
a
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�v� o=� Date: 12/21/2020
Mary J. Kayser da ° ce
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City Secretary �a�nEXp`��gap
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.
`(AA Zia � Date: (0`Zb- Z07 0
Adriana Gonzales
Financial Compliance Analyst
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
i 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 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.
1. LOBBYING i0lic (Federal .State,.or Local) tra saction or co tr ct underi transaction;, violation of �ede al or �}a nitrustAs a wired b ggec�Ior� 1352 Tale 31 of the U:S. Code, and ines o� commission of . mbez �emeno, then or�elry,
impTerrten efi aY 28 CFR Part 69 1` r ons e t m into t i e fa sificatioo,or destruction o recor s, ma ing al
se
Fart 6e�teeiaeP��nt centfies tha a���0, as ne ine� at 2%��2 s{a er�ients, or receiving stolen property;
rrCC,,Are Rot present) indict d for or th rwise criminal) or civI)
(a) No Federal appropriate funds have been paid or will be paid, gar ed py a over�i ntaf ntd (�ec�era l, St tI or I�cal)will�i
by or on behalf of the undersigned, to any person for influencing mr {s��ionn. ary of��ie oflpens�s enumerate in paragraph 1)
or attemptin to influence an officer or employee of any agency, $ o is ce i ica on;and
a Member o�Congress, an officer or employee of Congress, or
an employee of a Member of Congpress in connection with the d Have not within a t{hhree ear eriod a edin tthiS a li atio
making .of any Federal grant the entering into of any ad on er more public rrHsa�tiens ecderal9State,pgrc(ocar
cooperative agreement, and extension, continuation, renewal, ermina a for cause or Ue au t;an
amendment, or modification of any Federal grant or cooperative
agreement;
s B. Where the a plica�� is,unable to c tify to anY f the
stat me is in thl rtification, he or s�ie shall attaca an
�b.If an ds other than Federal a r Hated funds have been exp�ana�ion to this apppiication.
d or ywi �e id to any�grson foFQn��iencin�or ahem in to
uence an o�,ter ore R o eeo an a en a e e of
aeress ar �fflcer or empio ee of C.nn re S ,a as e p oyep of DRUG-FREE WORKPLACE
mbeF o on ress in co ne tioo t t is Fe era n or
c0 perati a r rg t, the ersi P-c s�all co p ele and GRANTEES OTHER THAN INDIVIDUALS)
u �1tt %ngard orm ��, �Isclosure o� obbying
ivrties, m accordance with i s instructions; As rer�uireddd bhgeCFp�u Frtee W rkbplarrct�eFAcft of 1988, and
eelined att 28 FR Part �r�ections 6.615'and V.Wff, as
(( The nd¢rsi ned sh II re wire that the lap u e of this cer-
ti cationa in�l�dedd in t fie av9 rd documents o���?subawards a� A. T e apelicapt certifies that it will or will continue to provide a
a tiers. nc udin s grants, eontractT un der rant ar� drug reeve p ace y:
cog erativ ree en s, and su contr c s an tflat a su. -
reci�,ents shaipce i and disclose accoreingty.
(a P b ishin a stat meet noti In em lopes that the
u�law II ma ufacct�u is�a0bution, is rl i ssessio qr
ION,AND OTHER use p�Pce �t o5el f,i lstan actis � al will �e a�Cet�agains
wigMggUggppEENNgg e
g.Iti�T791 employees or vi�aUo�i o�such pro�iRtion;
PIEN���)) ((b Establi Nn a on-going drug-free awareness program to
As re Uired b Executive Order 12549, D barment end tn�orm emp�oye�s a�out-
Sau Pan aI an��maalemen�e' transactions,6a�tee�ine�a" �
�FR 0art 6M7, RcrtlioniWA S- (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:
(a)Are not presently debarred, suspended, proposed for debar- (a3s)sis{�a�ce p�og�ams;%nIC8 nseling, rehabilitation, and employee
en declared declared inellga�ble, sentenced to a denial of Federal
benefits by a State or Feyeralydurt, 0r voluntprily exclude excluded fromy W The 8grmalties that may.b7himpwoskepj ucpon employees for drug
covered transactions b an Federal department or agency;; use v a ions occurrin J in e o a e;
(c) Mak-n it a re r merit that each em t gee to he en a ed i
�bO Have not wothtn a thr -ye nod recedingg t is aglica%ion Yhee Viornapnceg p i� grant be given a py of the statement
en convict 0 r hj ga tiff. id� e t rende a artga t, tne� re fired pa ra a);
oar commis on ofrau r a cri in o ense in con ection wi
taining,a empting to o tam, it pe orming a (d) fy th s r qlJ Y
gBraQ�B�Tllri(�)ttlat,as apcor diltion oftemploymeni utntler'[rie grans,
the a pRoy wi -
OJP FORM 4061/6(3-91)REPLACES OJP FORMS 4061/2,4062/3 AND 4061/4 WHICHARE OBSOLETE.
V
(1)Abide by the terms of the statement;and
(2 IIVVptify he ern toe in wrai#in of his or her convictio for a
lieat�an five cale4nearrdags Re�esuo con�icYone workp�ace no
II
e) i)on ing tce a0grrefi� ir>bD, ph a)� rorrnn'dar day after
ecei n once a su ra a L� ro an em I0 ee Check r h there are workplace on file that are not identified
r o is retie vi a ua notic uc cor)vi ti n. ere,
mpio ers o c nvic o ees m st row E Dotice, nC u In
ositIA title a a' tot s{�ic Ufti a a l tica
am ATQ� trolsk, g In is a �ve u .W., S tion 67,630 f the ulations'p ov des.that a nee that i
Wa in 'n D.C. � 1. Notice shall inc�uc�e the i�enetification aPSate ma��elop�to.rFae orebceruf`i �o in. achg�h�edteral Nat
um Ms of each a ected grant; a bed rfi�nt o useJP Fi ferr°rruRd�i�ncf eta atnd Mate pegenncies
91 Tak}n� one. of the,followia� actigns, githPr� 3(0d) ,lendg F u6
reVs eceivin notice un r suD ar ra Check if the State has elected to complete OJP Form
pec°tto any ern loyee who is so convintec r 4061/7.
�1 Taking ap ro nr�i to rnsqo nel ,accttion a ain t such n
r�a`0 ee, u , r hnJ i tr�e�r>}in�ti coasisfent with tie DRUG-FREE WORKPLACE
req it mentJ a the e a i i a on c o 153,as amended;or (GRANTEES WHO ARE INDIVIDUALS)
tip p
seq nsuh em�l rbleatlo�i ip ra topfa ove ioasu an�lerr�eii CFI �Ft 7W�rkplacrteFA t of 19 8, and
uus sassistance ederale a e, or o ea h,Raw en orcemen , e ne a art 6 ;Saections 6u�.�1a5 and 6�7.bg,ees, as
98
Or e'trier appropriate agency;
A. As a dition 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 uA 0 unmanuf dure, istnbutipn, dis ensin oc'El
workplace through implementation of paragraphs(a), (b),(c), (d), ruse of a ontrolred substance in coniiition eii�activiVy Ah
(e),and(f). ge grant;ancr
t�he rante ma insert in the ace. rovided below the ite B. If convinced of a criminal drug offense resulting.from a
s TQ tliger er�ormsnce of work one is connection with iee violation occurring during the conduct of any rant activity, I will
�eci is gra : report the conviction in writing, within 10 calendar days of the
conwdion,to: Depaament of Justice, Office of Justice Programs,
Place) of Performance (Street address, city, country, state, zip D C 205 Control Desk, 633 Indiana Avenue, N.W., Washington,
codeAs the duly authorized representative of the applicant,I hereby certify that the applicant will complywith the above certifications.
I .
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
Edwin Kraus Dec 1,2020 :24 CST) 12/01/2020
i
CITY COUNCIL AGENDAkT T1I
DATE: 10/27/2020 REFERENCE **M&C 20- LOG NAME: 35FY2021 DEATACDIV
NO.: 0801
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT. (ALL)Authorize Execution of an 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 Drug Enforcement Administration Tactical Diversion
Group Fort Worth Task Force 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 participation in the Drug Enforcement Administration Tactical
Diversion Group Fort Worth Task Force for Fiscal Year 2021;
2. Authorize the execution of an Asset Forfeiture Sharing Agreement governing the Drug
Enforcement Administration Tactical Diversion Group Fort Worth Task Force 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 $19,180.00, for the reimbursement of
overtime costs for one officer assigned to the Drug Enforcement Administration Tactical
Diversion Group Fort Worth Task Force; and
4. Adopt the attached Appropriation Ordinance increasing estimated receipts and appropriations
in the Grants Operating Other Fund in an amount up to $19,180.00, upon execution of the
agreement.
DISCUSSION:
The trafficking of controlled substance pharmaceuticals and listed chemicals continues to be a
problem that has substantial effects on the health and welfare of the people of Tarrant County. Since
2016, the City of Fort Worth has worked cooperatively with the Drug Enforcement Administration
(DEA)Tactical Diversion Group Fort Worth Task Force. The Task Force investigates, disrupts, and
dismantles individuals and organizations involved in diversion schemes (e.g., "doctor shopping",
prescription forgery and prevalent retail-level violators)of controlled pharmaceuticals and listed
chemicals in Tarrant County. Duties also include investigating, gathering and reporting of intelligence
data, and conducting undercover operations relating to the trafficking of controlled pharmaceuticals
and listed chemicals.
The Fort Worth Police Department will assign one officer to the DEA Tactical Diversion Group Fort
Worth 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 $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 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 DEATACDIV_21003 Q.docx