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HomeMy WebLinkAboutContract 56645 CITY SECRETARY ,,-`TRACT NO, 2022 HIDTA STATE AND LOCAL TASK FORCE AGREEMENT M„ DALLAS FIELD DIVISION HIDTA TASK FORCE GROUP 2 (DALLAS) y0` FORT WORTH POLICE DEPARTMENT 7 This agreement is made this I" day of October, 2021, 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, 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 HIDTA Task Force Group 2 (Dallas) 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 HIDTA Task Force Group 2 (Dallas),the City agrees to detail one (1) experienced officer to the HIDTA Task Force Group 2 (Dallas) for a period of not less than two years. During this period of assignment, the City officer will be under the direct supervision and control of DEA supervisory personnel assigned to the task force. 3. The City officer 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. [EFT. WORTH.. RECORD CRETARY TX 4. The City officer assigned to the task force shall be deputized as a task force officer of DEA pursuant to 21 USC 878. 5. To accomplish the objectives of the HIDTA Task Force Group 2 (Dallas) Task Force, DEA will assign three (3) 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 officer 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 HIDTA Task Force Group 2 (Dallas) Task Force, the City will remain responsible for establishing the salary and benefits, including overtime, of the officer assigned to the Task Force,and for making all payments due them. HIDTA will, subject to availability of funds reimburse the City for overtime payments. Annual overtime for each state or local law enforcement officer is capped at the equivalent of 25% of a GS-12 Stepl, of the general pay scale for the "Rest of the 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 if 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 30 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. Deleted(DEA will not provide vehicles). 14. While on duty and acting on task force business, the City officer assigned to the HIDTA Task Force Group 2 (Dallas) 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 the 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. 15. The term of this agreement shall be effective from the date in paragraph number one until September 30, 2022. 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. For the Drug Enforcement Administration: `L a �z- 5,::: Z��� Date: l � Eduardo A. Chave Special Agent in Charge Dallas Field Division For the City of Fort Worth: Date: Of'�-��d Ne' oaken Chief of Police City of Fort Worth Date: Jay Chapa Deputy City Manager City of Fort Worth APPROVE AS TO FORM AND LEGALITY: �— Date: Tay r C. Paris ,. Assistant City Attorney ATTESTED BY: r-' ......�' Date: ®1 @0;eAag;�L- hcti rg CA,� $ure" 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. apa Date: Adriana Gonzales Management Analyst OFFICIAL RECORD CITY SECRETARY FT 1Al®RTNa TX 9/22/2021 M&C Review Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA Fo H DATE: 9/21/2021 REFERENCE "M&C 21- LOG NAME: 3r5FY20?2 HIDTA TASK FORCE NO.: 0719 G MUP 2 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 $19,372.00 for Participation in the Texoma High Intensity Drug Trafficking Areas Task Force Group 2 for Fiscal Year 2022, Authorize Execution of Asset Forfeiture Sharing Agreement and Adopt Attached 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 2022; 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 $19,372.00, for the reimbursement of overtime costs for one officer 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, subject to receipt of the grant, in an amount up to $19,372.00, for the purpose of reimbursements for overtime costs from United States Department of Justice, Drug Enforcement Administration, 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 one officer to the HIDTA Task Force Group 2. 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 $19,372.00. 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 apps.cfwnet.org/council_packet/mc_review.asp?I D=29267&counci ddate=9/21/2021 1/2 9/22/2021 M&C Review 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: Neil Noakes (4212) Additional Information Contact: Sarah Shannon (4254) Adriana Gonzales (4217) ATTACHMENTS 35FY2022 HIDTA TASK FORCE GROUP 2 21001 A021(r4) revis!- apps.cfwnet.org/council_packet/mc_review.asp?ID=29267&councildate=9/21/2021 2/2