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HomeMy WebLinkAboutContract 55070 CSC No.55070 2021 HIDTA STATE &LOCAL TASK FORCE AGREMENT DALLAS FIELD DIVISION DFW AIRPORT TASK FORCE CITY OF FORT WORTH This agreement is made this Ist day of October, 2020,between the United States Department of Justice, Drug Enforcement Administration(hereinafter "DEA"),a home rule municipal corporation,acting by and through Jay Chapa,it's 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 DFW Airport 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 to effectuate prosecution before the courts of the United States and the State of Texas. 2. To accomplish the objectives of the Task Force,the City agrees to detail three(3) experienced officers to the Task Force for a period of not less than two years.During this period of assignment,i r City officers will be under the direct supervision and control of DEA supervisory personnel assigned to the Task Force. 3. 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. 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 Airport Task Force,DEA will assign three(3)Special Agents to the Task Force. DEA will also, subject to the availability of annually 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 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX funds,funds for thepurchase 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 officer assigned to the Task Force,and formaking 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 proj ect 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 beterminated 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 the City during the term of this agreement. For the Drug Enforcement Administration: Date: L Eduardo A. Chavez t Special Agent in Charge For the Pty of Fort Worth: Date: .5 o'i0 Ed i Kraus Chief of Police Fort Worth Police Department -r- Date: Jay Chapa Deputy City Manager City of Fort Worth APPROVED AS TO FORM AND-LEGALITY r•*"'�` Date: 11-04-2020 ylor C.Paris Assistant City Attorney ATTESTED BY: OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX a o 0 FoFORr�a�d d 'p,� 0 0 Date: 12/21/2020 *�, Mary J.Kayser d�44).000000 pp ��EXA�o.a City Secretary 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. Adriana Gonzales Date Management Analyst OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX hY d`kOc �i U.S. DEPARTMENT OF JUSTICE OFFICE OF JUSTICE-PROGRAMS IL OFFICE OF THE COMPTROLLER CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS; AND DRUG-FREE WORKPLACE REQUIREMENTS I� Applicants should refer to the regulations cited below to 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 i 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 u is (Federal .State,.or locaq ira sactio or co tr ct undder a ubp�r transaction;, violation of Fede an or ', - ntitrust As a uir d b ggect�on 1362 T'tle 31 of the U.S. Code and tunes o commission f Qmbez pement, hek for imp{errrtenne�i 28 CFR Part 69 optrnpersons a to inqp�into a' alit n e falsification.or d sotruction otz records, making �aefse r co a atrve reeme t over$10U,000, as aefinetl at 28I K sterents, or receiving stolen property; art��tge appiRraent cerrtifies that: (C��)Are riot present rndi t d fo[or th rwise criminap�or civil (a No Federal appropriate funds have been aid or will be aid, Dar ell py a ove ncta�f ntit �eaeral, St te, or t6cal)vn�i by or on behalf fth undersigned, to any person for influencing $�mr �sh�ron igar�r oMil ofensUs(enumerateda rn paragraph 1) or attempting to influence an officer or employee of any agency, o is ce Mica on;and a Member o 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 tthis a li atio making .of any Federal grant the entering into of any �d onn Dr more aublid �ryar�santrDns ecderal,gState,pgrr(ocar cooperative agreement, and exlensron, continuation, renewal, ermrna a for caus or a au t;an amendment, or modification of any Federal grant or cooperative agreement; p t o sBtat meeis inethais pcprti cation abhe tar sn<e�tyshsll aNacnf tan � ub,If any, ds of er than Federal a r rioted funds have been exp�ana�ion to this application. orwi�u e r to an rson fo n ea or MEW t ence lenn o c�r or eyrri°ppno eeQnann a en�L , a o° L�4❑ ress ar{ rcer or empro ee of Con es ,o and e Zen o DRUG-FREE WORK LAC a co- o on ress ir1 co ne tion {(t t is a era n or E co eratr are t, the ersr Ba sal co p�e� and GRANTEES OTHER T N INDIVIDUALS) &untt jandard Form. -TIT, Rlsclosure o onbying AcUvdres, in accordance with its instructions; As re�uired b eC��u Freg W rkbplaceFA t of 1988, and nrenineed artte2 Part 7arhections 6p!616 and r�t Ss, as (( The undersr ned.s II req uire that the lat� u ge of this cer- C c tron b rn�l�ded rn ie award c ments to7��istu�baw rds�at A TPe apglirkcaa cebrtifies that if will or will continue to provide a a rein. me udrn s gran s, n act ss un r rant a d drug-ree w p ace y: cog erativ ree,�.,en s, nd su contr2Cts an at a su - recr�rents shamprerfify and Disclose acw rng�y. (a P blishin a stat meet noti in e n to ees that the 4u�lawQ l marnRufajGulle isttttaanbution, ppihntsi �ossessiorl, grr ; ggppEENNgg wok lace nntrSlle if n sthp actin s.rihatrwii taket�ragalnsl fTTERSION,AND OTHER employeesortivi�akoi no?Stupro�iibition; rrb1 Establi hip a on-going drug-free awareness program to As re Uired b Executi a Ordd r 1122549, Debarment end tn�orm emp�oye�s a�out- Saau�Pc ngangs'an�imp�lemenv{ed�OttrraansadR ns,a�f�e�ine�af"�� .0 Part 67,�ocbron%791�- (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: (a3� ApAavailable dru%c8unseling, rehabilitation, and employee (a)Are not presen�debarred,suspended, proposed for debar- sin ce programs; n n nt declared ine igp�rble, sentenced to a denial of Federal benefits bV a State or-Federal court,orvoluntarily excluded from 41 The alties that ma .b impo ell u on employees for drug covered transactions by any Federal department or agency; �tfusev�O�fa�ionsoccurnngyinheworcplacpe; (/c) Makin it a re r ment that each em to ee to be en ed i b Have nott W a thr a yea eriod recedin t rs a pplication 4he ero�rrance� si rant be given a c�py of the st9alamen� �en convrcte�o r h D a crvr�. d e t rendetgeoa anilst the req�ire y paragrap sent r commission of raurt gr a cn irV. Wense in connection wr�i oobtainrng,attempt o rng to o tam,or performing a (d� fVotifin�a� 1h�e emplooyee, in hhe plstytement degtuire9 bty {� ra ra th t,as a c nditron o em o ment un er he ran, e e pRoy vw - OJP FORM 4061/6(3-91)REPLACES OJP FORMS 4061/2,4062/3 AND 4061/4 WHICH ARE OBSOLETE. (1)Abide by the terms of the statement;and conviction (i lot onto ha celmlrialedrnig stri ut8 oc ronnnlQ her.1p th kplace no a er t�tan ive Galen ar days otter such con is ion; r(e) Notifi/in the a enfrc , i writing with' c lendar days after Peceivin4 il�tice t]gnpQ su�paragraph, a)22 rorr�an emplp ee Check r hf there are workplace on file that are not identified Lr gqthe�wis rece vi a tuar notic o . uc cony ti��``,n. ere. mptrg ofconvic T m to ees st rovisi otice, n�fudln �P.OsitiAnl tit/ a ar otm s{�ic , �f> e oi! J ti o op ems, � t°' o�itrc Desk, g In isna �(vp ue, W Section 67,63i itht grantee hat isae�iin t n . 531. Notice shal mc�uoe the i�entficatrori a State ma ele t to.r�a o�te cerGncfat�oa in. ach Federnficalm er�s�of eacfi a ected grant; ea6 I cfo �tipv�h(csts o '� �'/ cat ies ande ate peg ioa Ion may eloactt Ouse°a�'�'Form i genGes aT%nq one, of the.followiae actignes,e9thi 3p alencthr, reVs o eceivin notice un r su ar ra (d)(p w Check if the State has elected to complete OJP Form pectto anyem�loyee who is so convi to r 4061/7. �1� Taking ap rogate rsoin[el ,action anaN(St suc�i n E P p req�iiroXmeed- Po the Reo'abil�ta�igoneActi o t1973 assamende:or GRANTEES WHO ARE VDNIDUALS) pRequid such em I e.o artici ate satisfactorily i a drupe As re uiredd b e p u Fre W r lace of 1988, and oses P yropriaete agencoya{IeaoPor�ooa��iea�tha�aw en�o moment; ore?ine�ea�t�18 f $art ; ections�6 . ? and bgfl.bg2�ntees, as or ther a P A. Asa dition of the gr nt,.I certify that I Will not enga a in (g)Making a good faith effort to continue to maintain adrug-free t use/of an ontrool�edusubestancefiinn'con i ionn riyPectSivei�y��onn0th workplace through implementation of paragraphs(a), (b),(5), (d), 9e grant;ane (e),and(D.J t�he rante ma insert in tie s ace. rovided below t e ite B. If convinced of a criminal drug offense resulting from a s) fo tttge erormince of work done i�i connection wh ite violation occurring during the conduct of any grant activity"I will ecitic grant: report the conviction in writing, within 1.0 catgendar days of the conviction,to: De arfinent of Justice,Office of Justice Programs, coarpej of Performance (Street address, city, country, state, zip AT D.C:C6ntrol•Desk, 633 Indiana Avenue, N.W., Washington, 531. I As the duly authorized representative ofthe applicant,I hereby certify thatthe applicant will comply with 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 6&C ik K`iutsr 12/01/2020 Edwin Kraus(Dec 1,202016:24 CST) r a: �t. CITY COUNCIL AGENDAT T1I DATE: 10/20/2020 REFERENCE **M&C 20- LOG NAME: 35FY2021 HIDTA DFW NO.: 0760 AIRPORT TASK FORCE 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$57,540.00 for Participation in the Texoma High Intensity Drug Trafficking Areas DFW Airport 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 reimbursement of overtime costs for participation in the Texoma High Intensity Drug Trafficking Areas DFW Airport Task Force for Fiscal Year 2021; 2.Authorize the execution of an Asset Forfeiture Sharing Agreement governing the Texoma High Intensity Drug Trafficking Areas DFW Airport Task Force equitable sharing requests and participation in the United States Department of Justice Equitable Sharing Program; 3.Authorize the acceptance of an amount up to $57,540.00 for the reimbursement of overtime costs for three officers assigned to the Texoma High Intensity Drug Trafficking Areas DFW Airport Task Force for one year; and 4.Adopt the attached Appropriation Ordinance increasing estimated receipts and appropriations in the Grants Operating Federal Fund in the amount of$57,540.00 upon execution of the Agreement. DISCUSSION: The City of Fort Worth has worked cooperatively with the United States Department of Justice, Drug Enforcement Administration to address the problem of drug trafficking in North Texas through various task forces. The Texoma High Intensity Drug Trafficking Areas (HIDTA) DFW Task Force (Task Force)seeks to disrupt the illicit drug traffic in the Fort Worth area by immobilizing targeted violators and trafficking organizations, gathering and reporting intelligence data relating to trafficking of narcotics and 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 activities will result in prosecution in both state and federal courts. The Fort Worth Police Department will assign three officers to the Texoma HIDTA DFW Airport 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 $57,540.00. 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. This is a reimbursement grant. The Police Department is responsible for requesting reimbursements and ensuring reimbursements are received. Prior to expenditure being incurred, the Police Department has the responsibility to validate the availability of funds. 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_DFW_AIRPORT_TASK_FORCE_21001 (5).docx