HomeMy WebLinkAboutContract 56647 CITY SECRETARY
' U 4TRACT Z rJtOto�},�_
RECEIVE 2022 TACTICAL DIVERSION TASK FORCE AGREEMENT
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DALLAS FIELD DIVISION
WOFMYSEMMay TACTICAL DIVERSION SQUAD (FORT WORTH)
FORT WORTH POLICE DEPARTMENT
This agreement is made this 1"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 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) 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 Tactical
Diversion Squad (Fort Worth) 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),
the City 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 City officer will be under the direct supervision
and control of a DEA supervisory Special Agent assigned to the Tactical
Diversion Squad (Fort Worth).
3. The City officer assigned to the Tactical Diversion Squad (Fort Worth) shall
adhere to DEA policies and procedures. Failure to adhere to DEA policies and
procedures shall be grounds for dismissal from the Tactical Diversion Squad
(Fort Worth).
R 00FROALRECORD,y�� �,9
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4. The City officer assigned to the Tactical Diversion Squad (Fort Worth) shall
be deputized as a Task Force Officer of DEA pursuant to 21 U.S.C. Section
878.
5. To accomplish the objectives of the Tactical Diversion Squad (Fort Worth),
DEA will assign three (3) Special Agents and one (1) Diversion Investigator
to the Tactical Diversion Squad (Fort Worth). 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 City officer
assigned to the Tactical Diversion Squad (Fort Worth). 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), the City will remain responsible for establishing the salary and
benefits, including overtime, of the officers assigned to the Tactical Diversion
Squad(Fort Worth), 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 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 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 or 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, 2022. 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.
For the Drug Enforcement Administration:
�` 20
Date:
Eduardo A. Chavez
Special Agent in Charge
Dallas Field Division
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX
For the City of Fort Worth:
joe-Z Date: O-OL3-Ai
it Noak
Chief of Police
City of Fort Worth
Date: I J I I
Jay Chapa
Deputy City Manager
City of Fort Worth
APPROVE AS TO FORM AND LEGALITY:
Date: �iQL l
T for C. Paris ; *
Assistant City Attorney "�Q �
kD fa . e
ATTESTED BY:
Date:��s
4aw� KpnaLcL 1P. e.onia.lrts
Li17tecr y A(A i Q�) Se. �,
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.
a'd&4 A741� Date: �-aZ 3- -)A -d
Adriana Gonzales
Management Analyst
OFFICIAL RECORD
CITY SECRETARY RIY FT. ORTH'TX
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 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 ju Ic (Federal .State,, r focal) a sa io or co tr ct und�er
u �i transaction;, vio°lation o Fede a� or a nfitnas
As �e air d b e ��� 3,2 T'tle 31 of the U.S. Ctode, aann t u es o commissiond off embez Cemeno he for ry,
imp�arto6p tnae a p� aent erifie ehat� �r�0onas�efine�i�ato2FR ME en receiving stoelen property; records, ma ing �alse
Are not present) indict id for or th rwise criminal) or civil
((a) No Federal appropriate funds have been paid or will be paid, ar ed b a over ntae( ntit (�e�eral St te, or I�cal)wi�i
by or on behalf of the undersigned, to any person for influencing QQm i�shsioyn gtgar�y ofn}�ie ofieens�s enumeiMec� in paragraph 1)
or attemptin to influence an officer or em ployee of any agency, �1 o is cer i ica on;and
a Member oq Congress, an officer or employee of Congress, or
an employee of a Member of Congress In connection with the
making of any Federal rant fhe entering into of any (d�dlave not withineaf}re y�arenriod ec�eding hi apnlic(atior
cooperative agreement, an� extension, continuation, renewal, } on r more u i sa ins a eral, Stta e, r oca)
amendment, or modification of any Federal grant or cooperative ermina a for taus or a au t;an
agreement;
B. Where the a plic is.unable to c rtify to an f the
stat me is in thisp raif`Wtion, he or s, a shall atac% an
b.If an f ds other than Federal r riated funds hav ben exp ana�ion to this apppiication.
d or ywil�ne in to an rson fof FUR enac n�or ahem�nget
uence an o cer or eyir�p�0yee p an a en a e e o
ress aq icer or etn ogee oz Con e o 'ar�a ploye o�
a mbet o on ress r tonne tiop { t is a era n or DRUG pREf WOR6CPLACE
co erati are t nhe ersi eo' sal co p e� and GRANTEES O HER THAN INDIVIDUALS)
u��,tt �ant�aroim �u �Isclosure o oobying
i ies, in accordance with its Instructions; IAnsr�remauired b e Free Work la�c�tte ct ogft1r9188, and
aeTIned antte a ' �r coons e6P615 and b/,bt8s, as
The ndersi ned sh II re ui that the la u e f this cer-
i c tionu in �ded in t,e av� rdredoc ments o ��sueawards a A gTthe apwgl' int carr i ies that it will or will continue to provide a
coa ra iv nc�ure�e, ens gr nntssue°co a t donf tlla�alj suup dru ree ace
reci�,en s shapreeM anti nisclose accor�ing)y.
(a P blIishin acctt stat��ImIeet not) employees that the
u�law� lama 4rollec�su Is an�o s' dir i nee, np heessioranq,egr
AND OTHER worlSpolace ne .9 epifXn� t e�actint� a will be aker� against
hfiffljgh#WffllON, ernwo ogees or vi a io o su pro i i.1 b Establi hin an on-going drug-free awareness program to
As re aired b Executi a Ordd r 112254q9, barment ,end norm emp�oye�s about
Saau�sppen n n,ian�iimpalemen�edre�tt?ansacRt�ns,aS ae ine aT" �
�FR art 7, nc�ion�AM (1)The dangers of drugs abuse in the workplace;
A. The applicant certifies that it and its principals:
(2)The grantee's policy of maintaining a drug-free workplace;
(a)Are not presenteerr, debarred, suspended, proposed for debar- 8351sisa�ice p�og�amsuanRunseling, rehabilitation, and employee
ment declared inell ible, sentenced to a denial of Federal
bene#its by a State or Y eral court, or voluntarily excluded gfro Y ��The Pefr}alties that ma_y.bef impwored ucpon employees for drug
covered transactions b an Federal department or agency;; use v o a ions occurring in he o a e;
c Mak'n it a re r Inert that each em to ee to be en ed i
b� Have not wathi�a then e-Yea� erodrecedinlg t�iSnapli do hquperorpncegpi� grant be given n cpy of the st�amenn
en convi a o{rf r h n a civi, d #me t rends e a a nstre re ire ara ra a);
r co[nmis on o, rau r a cn In o ense m con ape
wi
0 aming,a 4emp ing to o�itain,or performing a {��v tthh }
ena�oye�twt,as apcociiedetion of empl�oyme f unc�ergt�ie grant,
P�
`0jP rnOm 4061/n(3-91)REPLACES OJP FORMS 4061/2,4062/3 AND 4061/4 WHICH ARE OBSOLETE.
tlt`l�S�
(1)Abide by the terms of the statement;and
NN
v2ialat on�o.ha ceim�I I% in stria u�°occur°nr herthe workplaceo no
later gran five calendar NQs after such congicpion;
(e Ngti in the a enc i writin ith' c lendar days after
Pe�ei n r7otice Ugngery'suc ra�aph, }}o) fao an errlplp ee Check r f there are workplace on file that are not identified
�m°lo�ers�orc ev c vo'ema�p eeSnotist� esuc�r,conviCfi ,n. ere.
rDV1otice, n lu In
osptio i tit,o a r n nt Dim, sic �fin�e of 1rr i o
am � rr r sk, gg n la a ve ue, S cti n 67 63g0 of the qulations p ovides.that a g ntee that i
nume�g o#�ach a eectd tit a steal inc�u�e the u�'entifica'tioii ata�eAca eletth.cr�rae o�d cernfcr(atorc ach wit �Feder Nat pa�
t g or �e a toi n� o St�ce i afes an tate pT a les
may eloc o use Form � g/.
(� Taken one. of the. followi acti ns, with i 30 alend
rdesypecotft�any�emloyeei who iseseOrconv�ieterdgrap% ((d ), wigCheck I if the State has elected to complete OJP Form
4061/7.
�1Ao��king appro�ria h�p �Or�neil anon aain)St suaC�i n G pREE pRK
q o ee, u o r n lulu a in i co sis ent wt tie GRANTEES WHO ARE INDIVIDUALS)
re it mentspo the e a i ita on c o 1090/3,as amende ;or
Requiring such em�lr �latpo ir� ra tasfa o°ve �>norsuc Inlerrenddd b eC� uF�te7W�rkplacrte�4t of 198, and
guus ses a ederale ate", or o ea h,�a�w en orcemen , e ine at�18fart ;S�ectioris 6��]Pp.�a15 acid gf1.� �n ees, as
r o't�ier appropriate agency;
q Asa dition of the g t.I certify that I Will not engage in
(g)Making a good faith effort to continue to maintain a drug-free the uis u�manuf cture is i'lbutipn, disdpnsindg oss )S"wN I
workplace through implementation of paragraphs(a), (b),(c), (d), eugrant;an
ontrolfed substance in con i ion ri�activi y wi h
(e),and(f).
The rante ma insert rn tie pace, rovided below the ite B. If convinced of a criminal drug o{fense resulting.from a
s� fq tli9e Norm�nce of work Done i�i connection with t�e violation occurring during the conduct of any rant activity, I will
ecific grarft: report the convictgion m writing, within 10 cajgendar days of the
conviction,to: Department of Justice, Office or Justice Programs,
Place of Performance (Street address, city, country, state, zip D.C. 053�ntrol Desk, 633 Indiana Avenue, N.W., Washington,
i
As the duly authorized representative of the applicant,I hereby certify that the applicant will complywith the above certifications.
I
1. Grantee Name and Address:
�I
City of Fort Worth, 505 West Felix Street, Fort Worth, Texas 76115
2. Application Number and/or Project Name 3. Grantee IRSNendor Number
i
4. Typed Name and Title of Authorized Representative
Neil Noakes, Chief of Police
5. Signature ; 6. Date
i
-z yc
9/22/2021 M&C Review
I Offidai site of the,City of Foit Wocth, Fens
CgYv ®MwCK b%GFHDA FRri
DATE: 9/21/2021 REFERENCE �°M&C 21-- LOG NAME: 35`Flr2YS22 DEA TAC DIV
NO.: 0717
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 Drug Enforcement Administration Tactical Diversion
Group Fort Worth Task Force 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 participation in the Drug Enforcement Administration Tactical
Diversion Group Fort Worth Task Force for Fiscal Year 2022;
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 $19,372.00, 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 $19,372,00, subject to receipt of the
grant, for the purpose of funding overtime costs reimbursed from the United States
Department of Justice, Drug Enforcement Administration.
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 $19,372,00. 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 Other 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=29265&councildate=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 � Dep-a"dm-e--n7t -4666&-unt.. Pio-f6 Program i-A, Budget T—Fiiier—ence-# Amount
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I D __1........ !C].t ---PrC --L..-Yea. _fqhartfLeld
FROM -d � —
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i
ID � - Ye r "- - "'-
Fund7e Department ccuntVr6eitProgr� kctl Activity Budget kWference W —Amount
----- - f � T = -
---------
..............
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 DEA TAC DIV 21003.docx
apps.cfwnet.org/counci(_packeVmc—review.asp?[D=29265&councildate=9/21/2021 2/2