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HomeMy WebLinkAboutContract 55067 CSC No.55067 2021 PROGRAM - FUNDED STATE AND LOCAL TASK FORCE AGREEMENT TASK FORCE GROUP (FT. WORTH) CITY OF FORT WORTH FORT WORTH POLICE DEPARTMENT This agreement is made this 1" 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, ORl# 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 Task Force Group (Ft.Worth) Task Force 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 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 Task Force Group (Ft. Worth) Task Force,the FWPD agrees to detail five (5) experienced officers to the Task Force Group (Ft. 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 DEA supervisory personnel assigned to the Task Force. 3. The FWPD 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 FWPD 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 Task Force Group (Ft. Worth) Task Force, DEA will assign seven (7) Special Agents to the Task Force. DEA will also, subject to the availability of annually appropriated funds or any continuing resolution thereof, provide necessary ffinds, and OFFICIAL RECORD 1 CITY SECRETARY FT. WORTH, TX assigned to the Task Force. This support will include: office space, office supplies, travel funds, funds for thepurchase of evidence and information, investigative equipment, training, and other support items. During the period of assignment to the 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." The salary of the clerical support will also be reimbursed to the FW PD in the amount not to exceed $33,567, which is based on a GS-06, Step 1, taken from the 2020 General Schedule (Base), without locality pay. 6. In no event will the FWPD charge any indirect cost rate to DEA for the administration or implementation of this agreement. 7. 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. 8. 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 audits and examinations are completed and resolved, or for a period of six (6) years after termination of this agreement, whichever is sooner. 9. 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. 10. The FWPD 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 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. 2 11. 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 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 funds for the project or program. 12. 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 FWPD during the term of this agreement. For the Drug Enforcement Administration: Date:/� Eduardo A. C ez: Special Agent in Charge For the Fort Worth Police Department rr Date: Ed4 J Kraus Chief of Police Fort Worth Police Department Date: Jay Chapa Deputy City Manager City of Fort Worth APPROVED AS TO FORM AND LEGALITY Date: 11-04-2020 T ylor Paris Assistant City Attorney OFFICIAL RECORD 3 CITY SECRETARY FT. WORTH, TX ATTESTED BY: �,,o�oFORro0Oa�P 12/21/2020 i to °O�JY Date: Mary J. Kayser p v g =f Y� City Secretary00 PPP *mod nEXko't'c 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. Date: l U 2rZ-7y Z Adriana Gonzales Financial Compliance Analyst OFFICIAL RECORD 4 CITY SECRETARY FT. WORTH, TX A 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 belowto 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 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 idlic (Federal ,State,.ctr tocal) tra sa io or co tr ct un er i transaclon;, violation ofede aln or �}a n itruseAs a uiredb Sgec�on 1352 Tale 31 of the U,S. Code, and o es o�. commission of embez��eme,n�, the . orgelry, impfer�ente�ay 28 CFR Part 69 # r ons a to in into ar�t � er fa sificatiop,or destruction o recor s, ma mg a se r cogppe[a�ive reement over$�b���0, as c�efine� at 2rF� sae ents, or receiving sto en property; 9art 69,the apper�ant certifies that: Are riot present) indict id for or th rwise criminal) or civtll (ba) No Federal appropriate funds have been paid or will be paid, CfSar ed py a overt ntaef ntd (�ec�eral, St te, or I�cal)wi�i y or on behalf of the undersigned, to any person for influencing mr � pion?, anty of lie ofleens�s enumerateda m paragraph �1) or attempting to influence an officer or employee of any agency, �br o is cer ifica on;and a Member or Congress, an officer or employee of Congress, or an employee of a Member of Congress in riconnectionin with the rd�Have not withinea�F��e-year grriod Rre2edin N a gliclatior making ,of any Federal grant fhe entering into of any tt� d f lr 9 tt P coo erative agreement, and extension, continuation, renewal, on r more u i sa ins a era), Sta e, r oca i P 9 ermina a for caus or a au t;an amendment,or modification of any Federal grant or cooperative I agreement; , B Where the a plicant is unable to c tify to anv f the sfateme is in thisP rtrication, he or s�ie shall attac� an b.If an �u ds ofher than Federal a r riated funds hav been explanation to this application. � d or ryvill�e paid to anygrson feoFn �iencm�or atemn�to f uence an o cer or e o ee [ an a en a e e of i aress,art c�icer or e[n oee o Con goes as e p ore o DRUG-FREE WORKPLACE mber o on ress i co ne tiop { t is a era n or co��eratix a�rengrit, eher�c�ersie� sal co and Y n9 GRANTEES OTHER THAN INDIVIDUALS) u ttan ar orm. -. isclosure o o b in ivdres, in accordance with i s in§tructions; As re uiredaa b ecp Frtre W9rk lacrte qCt of 1988, and angl a�te28 P t7 Sections�bp 615'and �t �s' as ( The ndersipned sh II re uire that_the la❑, S]e of this cer- fi caUon� inldlded inurea�ard d�ocumensts to7�Qisubawsrdsra� A. Tthe apgli�ca�t cebrtTes that it will or will continue to provide a ' a tiers. inc udin s grants, b ntractt un dr �aqrantll a t� drug-ree w pace y: cog eratly ree�, en S, rid su contr C s an trtat a su - reci�ients shaelcerfify and eisclose accorarng�y. (a P blIishin a�� fstat���mI �erit noti In ,ributioo, ��,em loges that the cma gpENg e pg qr e 5trslled.fsnbsflance is gr afnwill brie aReter sessg ee � Cn'1TTERSION,ANDOTHER employees orvi�atio�io�sucehprohibition; rb) Establi hin a ongoing drug-free awareness program to As required b Executi a Ordd r 11 549, D barment ,end inform emp�oyc s a�out- Sau P�n a n,a ciimpglemce9nvvte��tt?ansaai ns,6-10 T ine aT" � �FR Dart 7, ection�7.b1�- (1)The dangers of drugs abuse in the workplace; j A. The applicant certifies that it and its principals: (2)The grantee's policy of maintaining a drug-free workplace; (�3� spAavailable drug�c�unseling, rehabilitation, and employee (a)Are not presentN debarred, suspended, proposed for debar- sis ce programs; n ment declared inelli pqle, sentenced to a denial of Federal benefits by a State or F y eralY curt, or voluntarily excluded gfro y �41 The�ggalties that may.bghimpwosdePe�aLPe n employees for drug I covered transactions b an Federal department or agency;; use v o a ions occurring in e o ((c) making it a re r ment that each em Io ee to be en ed i 6b Have riott wth' a thr a-yea eriod recedin t is a pli lion the erio ance� rant be given e c�py of the sieaeemene f�ecnoin°misao�n o �auae a civic.iiin o ense in�c�nRec�t on weia'i required by paragrapT�e(a�; fq r a cri o�taining,attempting to obtain,or performing a d Noti he emplo ee. in the tatement a fired b e1nPR y�a�tt it,as a coyndition of employment undergt�e granty OJP FORM 4061/6(3-91)REPLACES OJP FORMS 4061/2,4062/3 AND 4061/4 WHICH ARE OBSOLETE. v 1 i (1)Abide by the terms of the statement;and (�6611 ptify he ern to er in wna'tti of his or hner conviction for a latea�an five cale�neddagys aftesuch con�ictione workplace no (( ) N4ti ing the a enc , in writin ith� c lendar days after Peceinrfotice UgngQrysu� raaph. a)� taorra an errYplo ee Check I— hf there are workplace on file that are not identified �r q is rege w a ua nobs uc copvi ti n. ere, m 0 er$7 Qn�Vlc tm ro es g st ro�Vl once, n u In 3 h Wapla eg ositio n�DC1� fJocehl inoluethevecJnenefifi 'tiori a cfai�eme'ele ftohmea olateion�s p ov oesinheaac enteraltfiastaq numer�s�oeaci�a ectedgrant; ea Aac�o � hlcnst � �e m �} a to ���d tlon ma yelcct to�unsieo6 F�o�m 4061/9/nc aetes anc ate pagenncies Tak�n4 one. of the,followiae actipns, wgithi 0d)(glenwd r vs o eceivm notice un r supp ar ran )) Check if the State has elected to complete OJP Form respect to anyem�loyee who is so convietec r 4061/7. (1 Taking ap�ro n to rso nel .action a airs t sgt n egBliofinentsP-r9 rre ndgi alnedclio?ffi3�oaassamenaea;ore DRUG-FREE WORKPLACE q (GRANTEES WHO ARE INDIVIDUALS) Requiring such em I e.o participate satisfactori i a dru As re uir dd b e pu Fre W r large ct of 1988, and gUuse�tcie ap�ropn€aee agency,aa}l a°Por�oca��iea�thaRaw en orcemen, F�I a��18 b art 67; ections s01 andf6p��2�ntees, as A. Asa edition of the grant,.I certify that I will not engage in (g)Making a good faith effort to,continue to maintain a drug-free the unlaul manuf dure, distnbutipn, dis8ensin aoc'e 'oq workplace through implementation of paragraphs(a), (b),(c), (d), r use o a ontrol�ed substance in con ition Y activ�ry wi h (e),and(f). 1e grant;anc� The grante may insert in tl e race.Drovided Aelow the site B. If convinced of a criminal drug offense resulting.from a sl f tlTeerPformance of work ne in connection with tee violation occurring during the conduct of any grant activity, I will pec'Of,s gra : report the conviction in writing, within 1.0 carendar days of the conviction,to: De arfinent of Justice, Office of Justice rograms, Place of Performance (Street address, city, country, state, zip D.C. 0531ntrol Desk, 633 Indiana Avenue, N.W., Washington, codeI 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 I ' Edwin Kraus 5. Signature 6. Date Fdwt;rz�<Mae 12/01/2020 Edwin Kraus(Dec 1,202016:24 CST) II I i I CITY COUNCIL AGENDA FORT 1I DATE: 10/20/2020 REFERENCE **M&C 20- LOG NAME: 35FY2021 TASK FORCE NO.: 0759 GROUP FT. WORTH 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$129,467.00 for Participation in the Task Force Group Fort Worth 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 Task Force Group Fort Worth for Fiscal Year 2021; 2. Authorize the execution of an Asset Forfeiture Sharing Agreement governing the Task Force 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 $129,467.00, for the reimbursement of overtime costs for five officers assigned to the Task Force Group Fort Worth; and 4. Adopt the attached Appropriation Ordinance increasing estimated receipts and appropriations in the Grants Operating Other Fund in an amount up to $129,467.00, upon execution of the agreement. DISCUSSION: The Fort Worth Police Department has been an active partner in the Drug Enforcement Administration (DEA)Task Force Group Fort Worth (Task Force)since its creation in 1985. Officers assigned to the Task Force perform activities designed to disrupt illicit drug trafficking in the Tarrant County area. The duties of the Task Force include gathering and reporting intelligence data related to trafficking narcotics and dangerous drugs, conducting undercover operations and engaging in other traditional methods of investigations. Currently there are five officers assigned to the Task Force. Each officer must be detailed to the Task Force for a period of no less than two years. Pursuant to the agreement, the DEA will reimburse the City of Fort Worth up to $19,180.00 per officer for the officers'overtime expenses.Additionally, the agreement reimburses the City of Fort Worth in an amount up to $33,567.00 for a portion of one clerical employee's salary for performing administrative tasks related to the Task Force. Indirect costs are not eligible for reimbursement. The City of Fort Worth is not required to provide matching funds. 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 L Year (ChartField 2) FROM Fund Department Account Project Program Activity Budget Reference# Amount ID ID I 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_TASK_FORCE_GROUP (FT WORTH) 21003(5).docx