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HomeMy WebLinkAboutContract 42348 - CITY SECRETARY CONTRACT NO. 2012 Task Force Agreement Dallas Field Division Fort Worth Police Department/City of Fort Worth Fort Worth Multi-Agency Task Force This agreement is made this 30th day of September 2011, between the United States Department of Justice, Drug Enforcement Administration (hereinafter DEA) , and the Fort Worth Police Department, City of Fort Worth, Texas, Tarrant County, Texas (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 Tarrant County area and that such illegal activity has a substantial and detrimental effect on the health and general welfare of the people of Tarrant County and surrounding areas, the parties hereto agree to the following: 1. The Fort Worth Multi-Agency Task Force will perform the activities and duties described below: a. Disrupt the illicit drug traffic in the Tarrant County area by immobilizing targeted violator 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 Fort Worth Multi-Agency Task Force, CITY agrees to detail five experienced officers to the Task Force for a period of not less than two years. During this period of assignment, the officers will be under the direct supervision and control of DEA supervisory personnel assigned to the Task Force. 3 . The 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 . The CITY Officers assigned to the Task Force shall be deputized as a Task Force Officers of DEA pursuant to 21 U.S .C. 878 . 5 . To accomplish the objectives of the Task Force, DEA will assign _ the appropriate number of Special Agents to the Task Force --=A-will also, subject to the availability of annually appropriated i*MV,4t RE ,0RDI any continuing resolution thereof, provide necessary funds ) t -- TARY equipment to support the activities of the DEA Special Ageq ancl C;y the state and local officers 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 Fort Worth Multi-Agency Task Force, the CITY is 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 CITY for overtime payments made by it to the CITY Officers assigned to the Task Force for overtime, up to a sum equivalent to 25 percent of the salary of a GS-12, Step 1, (RUS) Federal employee (currently $17 .202 . 25 per year, $4, 300 . 56 per quarter. In addition, The City of Fort Worth will be reimbursed for salary and fringe benefits for one clerical support in the amount not to exceed $48, 000 . 00 . 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, claims, audits and examinations are completed and resolved, or for a period of three (3) 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 officers 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 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 specified in the opening paragraph until September 30, 2012 . This agreement may be terminated by either party on thirty days advance written notice. Billings 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 Enforcemen dministration: Ns Date: Jame,ErA Capra Sp cial gent in Charge For the City of Fort Wort. , Tarrant County, gTexas: Date: NI�DLe Title ATTEST: '7 Approved as to Form and Legality: Date: J ��� �p City A torney Date : City Secretary Y0 00006 ,.ontract Authorization �Qoa�� `fid 0V d c3 t r (1j][,0 o F� (j T OD 0 Fl T OO�DyyO/O�D000 ACY * A - -- (1)Abide by the terms of the statement;and (2)Notify the employer In writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; Check ❑ if there are workplaces on file that are not indentified (e)Notifying the agency,in writing,within 10 calendar days here. after receiving notice under subparagraph(d)(2)from an Section 67,630 of the regulations provides that a grantee that employee or otherwise receiving actual notice of such convic-tion. is a State may elect to make one certification in each Federal Employers of convicted employees must provide notice,including fiscal year.A copy of which should be included with each ap- position title,to:Department of Justice,Office of plication for Department of Justice funding.States and State Justice Programs,ATTN:Control Desk,633 Indiana Avenue, agencies may elect to use OJP Form 4061/7. N.W.,Washington,D.C.20531.Notice shall include the iden- tification number(s)of each affected grant; Check ❑ if the State has elected to complete OJP Form (f)Taking one of the following actions,within 30 calendar 4061/7. days of receiving notice under subparagraph(d)(2),with respect to any employee who is so convicted— DRUG-FREE WORKPLACE (1)Taking appropriate personnel action against such an (GRANTEES WHO ARE INDIVIDUALS) employee,up to and including termination,consistent with the As required by the Drug-Free Workplace Act of 1988,and requirements of the Rehabilitation Act of 1973,as amended;or implemented at 28 CFR Part 67,Subpart F,for grantees,as (2)Requiring such employee to participate satisfactorily in a defined at 28 CFR Part 67;Sections 67.615 and 67.620— drug abuse assistance or rehabilitation program approved for A.As a condition of the grant,I certify that I will not engage such purposes by a Federal,State,or local health,law enforce- in the unlawful manufacture,distribution,dispensing,posses- ment,or other appropriate agency; sion,or use of a controlled substance in conducting any (g)Making a good faith effort to continue to maintain a drug- activity with the grant;and free workplace through implementation of paragraphs(a),(b), B.If convicted of a criminal drug offense resulting from a (c),(d),(e),and(f). violation occurring during the conduct of any grant activity,I B.The grantee may insert In the space provided below the will report the conviction,in writing,within 10 calendar days site(s)for the performance of work done in connection with of the conviction,to:Department of Justice,Office of Justice the specific grant: Programs,ATTN:Control Desk,633 Indiana Avenue,N.W., Place of Performance(Street address,city,county,state,zip Washington,D.C.20531. code) As the duly authorized representative of the applicant,1 hereby certify that the applicant will comply with the above certifications. 1.Grantee Name and Address: 2.Application Number and/or Project Name 3.Grantee IRS/Vendor Number CL&AC&' 0. , ail atA 4,V,- 4.Typed Name and Title of Authorized Representative 5 Signature 6 Date 'U S Go­m Pnning nM '996 405-03740014 M&C - Council Agenda Page 1 of 2 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 8/23/2011 -Ordinance No. 19855-08-2011 DATE: Tuesday, August 23, 2011 REFERENCE NO.: ""C-25115 LOG NAME: 35DEAMULTITF12 SUBJECT: Authorize Execution of a Drug Enforcement Administration Multi-Agency Task Force Agreement with the United States Department of Justice, Drug Enforcement Administration to Continue Operation of the Drug Enforcement Administration Multi-Agency Task Force for Reimbursement of Costs Associated with Participating for an Amount Not to Exceed $134,011.25 and Adopt Appropriation Ordinance (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council: 1. Authorize the City Manager to execute a Task Force Agreement with the United States Department of Justice, Drug Enforcement Administration to continue operation of the Narcotics and Dangerous Drugs Enforcement Program under the Drug Enforcement Administration Dallas Agency Task Force; 2. Authorize the term of the Agreement to be October 1, 2011 through September 30, 2012; 3. Authorize the Police Department to accept up to $134,011.25 for reimbursement of overtime worked by the assigned officers and support provided by a clerical employee; and 4. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grants Fund by $134,011.25. DISCUSSION: The Fort Worth Police Department has been an active partner in the Drug Enforcement Agency (DEA) Dallas/Fort Worth Airport Task Force since the creation of those task forces in 1985. The Fort Worth Multi-Agency Task Force performs activities and duties to disrupt the illicit drug traffic in the Tarrant County area by immobilizing targeted violators and trafficking organizations, gathering and reporting intelligence data relating to trafficking in narcotics and dangerous drugs and conducting undercover operations and engaging in other traditional methods of investigation in order that the Task Force's activities result in effective prosecution before the courts of the United States and the State of Texas. The Police Department has five officers assigned to the unit and the DEA reimburses the Department for overtime costs (including salary and benefits) of up to $17,202.25 per officer, per year. In addition, the City of Fort Worth will be reimbursed for salary and fringe benefits for one clerical support in the amount not to exceed $48,000.00. During the period of assignment of Fort Worth police officers to the DEA Multi- Agency Task Force, the City of Fort Worth will remain responsible for establishing the salaries and benefits, including overtime, of the officers assigned to the Task Force. FISCAL INFORMATION / CERTIFICATION: The Financial Management Services Director certifies that upon approval of the above recommendations, http://apps.cfwnet.org/ecouncil/printmc.asp?id=15681&print=true&DocType=Print 10/3/2011 M&C - Council Agenda Page 2 of 2 execution of the Agreement and adoption of the attached appropriation ordinance, funds will be available in the current operating budget, as appropriated, of the Grants Fund. The Police Department is responsible for requesting reimbursements and for the collection of revenues under this agreement. FUND CENTERS: TO Fund/AccounVCenters FROM Fund/AccounVCenters 4) GR76 451891. 035423550000 $1.34,011.25 4) GR76 _5(VARIOUS�_0354235500_10 "_01 1.25 CERTIFICATIONS: Submitted for City Manager's_Office by: Charles W. Daniels (6199) Originating Department Head: Jeffrey W. Halstead (4210) Additional Information Contact: Gerald L. Chandler (4219) ATTACHMENTS 1. 35DEAMULTITF12 AO11.doc (Public) http://apps.cfwnet.org/ecouncil/printmc.asp?id=15681&print=true&DocType=Print 10/3/2011