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HomeMy WebLinkAboutContract 46027 CITY SECRETARY . CONTRACT NO, ""1 2015 State and Local Task Force Agreement Dallas Field Division HIDTA Group 2 City of Fort Worth Fort Worth Police Department This agreement is made this 1 st day of October 2014, between the United States Department of Justice,Drug Enforcement Administration(hereinafter "DEA"), and the City of Fort Worth (hereinafter "CFW"). 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 CFW area and that such illegal activity has a substantial and detrimental effect on the health and general welfare of the people of CFW,the parties hereto agree to the following: 1. The HIDTA Group 2 Task Force will perform the activities and duties described below: a. disrupt the illicit drug traffic in the CFW 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 Group 2 Task Force,the CFW agrees to detail eight(8) experienced officer(s)to the HIDTA Group 2 Task Force for a period of not less than two years. During this period of assignment,the CFW officers will be under the direct supervision and control of DEA supervisory personnel assigned to the task force. 3. The CFW officers 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. 4. The CFW officers assigned to the task force shall be deputized as task force officers of DEA pursuant to 21 USC 878. 5. To accomplish the objectives of the HIDTA Group 2 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 CFW officers assigned to the task force. HIDTA Group 2 S VMFAtRECOM greement Page I of 6 CITY SECRETARY RECEIVED aC 5 20M FT.WORM TX 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 Group 2 Task Force , the CFW will remain responsible for establishing the salaries and benefits, including overtime, of the CFW officers assigned to the task force and for making all payments due them. HIDTA will, subject to availability of funds, reimburse the CFW for overtime payments made by it to the CFW officers assigned to the HIDTA Group 2 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$17,374.25,per officer position. If an officer is unable to complete the mission of the HIDTA Group 2 Task Force and is replaced by another officer during the term of this agreement, the overtime payment for that position shall not exceed that which would have been available to the original officer. 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 CFW charge any indirect cost rate to DEA for the administration or implementation of this agreement. 8. The CFW 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 CFW 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 CFW shall maintain all such reports and records until all litigation, claim, 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 CFW 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 CFW 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 CFW 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 CFW 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. HIDTA Group 2 State and Local Task Force Agreement Page 2 of 6 13. While on duty and acting on task force business,the CFW officers assigned to the HIDTA task force 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 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. 14. The term of this agreement shall be effective from the date in paragraph number one until September 30,2015. This agreement maybe 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 CFW during the term of this agreement. For the Drug Enforcement Administration: Date: Daniel R. Salter Special Agent in Charge For the Fort Worth Police Department iv t I - Date: Jeffrey Halstead Chief of Police City of Fort Worth For the City of Fort Worth Date: /d, dL. /ff— C arles W. Daniels As-silsta6t City Manager City of Fort Worth APPROVED AS TO FORM ATTEST: AND LEGALITY: By: �d By Kell Madrid OF F,®� ary Kayser Assistant City Attorney °°° Secretary S ° 0 ract Authorization: C: ate Approved: 9 /J V OFFICIAL RECORD HIDTA Grou , �,T rce Agreement Page 3 of 6 K WORT Nq V2,1s 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 wh ich 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 (None rocure me nt)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 (Federal.State,.or I.ocal)t� action or co tr ct unnd�er a transaction;, violation of Fed al or Sntaa ntitrust As e uir d by S t' 3 T'tle 31 of the U,S. Code, and t utes commission of embe lement, then To ery, imp�err�enfetl at N5W dart 69,1`o rsons e t rm9 i�o t r er , fa,sification,or destruction o�records, making alse r coo five a reement over$1 b ,b00, as Reefined at 2 � staterr�ents,or receiving stolen property; art 6 tie applii ant certifies that: a No Federal a ro Hate funds have been aid or will be aid, Are not present indicttetd fotirtor(ptt rwilseSt r{,minaU orl�willyh ( ) pp p' p p ar ed pyn a fgove pjnn a n n bb o on bbeehalf 4ffthe unders ed, to an erson for influencing om i 0 o, an o e offens s enumerate in paragra�h �1) o�at�empting to in an of icer or er>Ygyee of any agency, �b)o tries cerUfiMon;and a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the tl Have not within a thre ear eriod a edi IIhi a li do makin�q of anry Federal grant the enteringu into of anj �dd .one r more Eumi -XXr�saeUans edcera Sta e,pgr Soca� coope ative ag eement, an extension, contn ation, renew ermmatecr for taus or au t;an amendment,or modification of any Federal grant or cooperative agreement; B. Where the a pieta�� is,unable to c rtity to an of the stat ments in thisp cerfification, he or s�ie shall attach an b of an� idids ot�er than Federal a pr�priated fund have,been explanation to this application. or i e i to an ee fo in uencino or atem�nin� to uenc an o cer ore ee qq an a en a e e of a eress,ar oC ter or em o ee 0 1Conres� oiyan em lorye of 3 DRUG-FREE WORKPLACE mber o on ress n co nection w h t is Federa an or cup �n t, the unndCtersi d sail co � and (GRANTEES OTHER THAN INDIVIDUALS) q al itaU kant�ar� Vorm j disclosure o p onbying cUvies, in accordance with its instructions; As required b IpF� Fre� W rkbplacetFAcft of 1nn9tt88, and isn lerisen ed a � 'ar 7, Squ bp�r615 anda/.6 as e,l a at 28 art 7 ections 6 (( The �ndorsVV.sh�ll require that the la u e f this cer- ti an l n e award documents dr a�tgsu�awards att A T a li�a�t cebtifies that it will or will continue to provide a l�tmc�udin� subgrants, ontract and r r nt a d drug-reeor p ce y: reciipentssha�igcmertify and d8iscdlose�acco��ing�yan� tliaa ai� sunb- (a P b ishi a stat metrt noti{�� em to ees that the u�aw � malr ufa�tuae, is nbution, tlis gnfin yp ssession, gr use o a coatro a .fifi,�,u s nce Is r ifi e� re HE dgrantees ) p(� ( ION,AND OTHER emp�yees orA atcio"n�o�su�ch proniibition wi I be a e against t� U +���� �(,,yy�� ��b Establi hng an on-going drug-tree awareness program to As r Uired b Executive Ord r q25 9, barment nd Worm em po eesabout- Sust�nsion,.andyim implemented nt 2 CFK Prt 67,f�r rosper�i�r p y EfNcNari tbs7i�ecr�onnr�7c5p�nre transactions, as a ned a (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: a Are not resenti, debarred,sus nded, d3sJ Aic available druga counseling, rehabilitation, and employee ( ) p pe proposed for debar- sis nce programs; n ment declared inetigable, sentenced to a denial of Federal benefits b a State or Federaly oirt,or volu tarit excluded fro Y (aTher�alties that ma� bet im�os�p� ucpon employees for drug covered transactions b an ederal department ors agency;; se voa onsoccurrin in he or a e; tt (c) Maki d a req it ment that each em to ee to bee a ed in Id e'a h a ycevif g°e {r�enY.er��i a�iQsl� ie°r in egt�ired" y pa�ag p (a�mnt be given a�c�py of the stat�ment or commission of Tra r a cn ins o ense in con ection wi obtaning,attempting to o tam,or pe orming atv'� tt tt �d. Pra wpt, as apco�iedeition ofemptsoymenPf unclergtrteegran� ra ra OJP FORM 4061/6(3-91)REPLACES OJP FORMS 406112,406213 AND 4061/4 WHICH ARE OBSOLETE. (1)Abide by the terms of the statement;and v?] 113 onfyo a crign �edrun stnt i occu�rini inn theowo kplace no late five calenctarda�s attersuch conviction; e)Notif ing the a efn�c , in writin ith lendar days after ecervux� 0otice W4p�sub ra$�aph 12)22 rorrn an emplq ee Check ( hf there are workplace on file that are not identified or otherwis reeeivin a ua noti o suc conv ti n. ere. Em to er$o>e nvrc d em oyees st roved otice, n Puy, rr��os�tio�i titlee epartpm it o{n s(pr Sfi o� Custro F'roprams, A n 0l eSk, g In ra Avq ue,J N.yV S cti n 67, ti30 t the ulatbns vc�es that g ntee that i WWWa hi t n, C 2 �31. Notice shal mc�ucle the rrSenUficatan aeSta�e ma ele n to, ae on ceriptroat o m. c� �eder I fisca� num berTs, of each a ected grant; ea . A co o h c�i sho Ic� e inc,ic Z Wilde h ap aIication or 6elpart Xnt ojp� ice nqj fates arxf ate apgencies ��flfl may a ect to use Form 4061/. tJ'a saot'n�eceivi of note foil iaerasu�,�,arwr�aprn �d)( lend�r res�pectto any em who is so convir to Check if the State has elected to complete OJP Form 4061 U. 1) Taking ap o ri to p rso nel ,a lion a ain t such n �LpC�E melr ee, up ar> hnclU n rtedrrtin cfi co�isrs ent wth the C)RLtC l� E WHO ARE INDIVIDUALS) req it ments o the a abihtat�on c o 173,as amended;or llc��ft�q �Z)Kequiripq such emplQ�yehet to participate satistactoril in a drug As requirtl by e u u hie W ,kplace A t of 1988, and tuieseses s an e e�al, Stabtetatlo ildarrMeaTthaRaw enforicementtf an�len�e tee Z rt6 ; rt for 7. 5 aFnd be�/.bg2�ntees, as Er Ttcier appropriate agency; a ine a art 67;Sections 7. A. As a co dition of the grant, I cprtny that I will not engage in (g)Making a good faith effort to continue to maintain a drug-free the unla futrmanuf ctture, aistrbutipn, dispens, osS sSlo workplace through implementation of paragraphs (a), (b), (c), (d), ruse o�a ntrolled substance in con lion n9nypac`eePy wi�h (e), and(f). a grant;anc�° The grant e may insert in the ace, rovided l7elow,the ite B. If convinced of a criminal drug offense resultrtrg, from a sl fq the erpormance of work ctgne i�i connection with tie violation occurringg during the conduct of any rant activity, I will pect is grant: report the con6iction, in wri ir�gb ice, 0 ca�endg ds of the conviction,to: epartment o slice, ce o J us ice Illy of Pertormance (Street atltlress, city, country, state, zip ATTN: Control Desk, 633 Indiana Avenue, N.W., Washington, coae� D.C.20531. As the duly authorized representative of the applicant,I hereby certify that the applicant will comply with the above certifications. 1. Grantee Name and Address: City of Fort Worth, 1000 Throckmorton, Fort Worth, Texas 76102 2. Application Number and/or Project Name 3. Grantee I RS/Vendor Number FY 2015 State and Local Task Agreement/HIDTA Group 2 75-6000528 4. Typed Name and Title ofAuthorized Representative Charles W. Daniels,Assistant City Manager 5. Signature 6. Date Ao. (04-1111L EXPLANATION FOR CERTIFICATIONS DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS SECTION In an effort to fully disclose information related to the questions posed in Section 2 of the aforementioned document, the City provides this explanation. In 2011, eight City of Fort Worth police officers were indicted for misconduct related to several Texas Department of Transportation (TxDOT) Selective Traffic Enforcement Program grants. The funding for those grants originates from the federal government — the National Highway Traffic Safety Administration to be specific — and flows through TxDOT to the City of Fort Worth. The officers were alleged to have falsified traffic tickets in an effort to acquire overtime compensation for hours which they did not work. The officers were indicted for tampering with a governmental record and theft; however, in January 2014, the Tarrant County District Attorney's Office dismissed all charges against all eight officers stating that new information had affected the viability of the prosecution. None of the relevant officers are currently employed by the City of Fort Worth; however, appeals regarding the termination of employment of those officers are pending. Based on the definition of"principal" in 28 CFR Part 67, the City does not believe that the officers involved in the above described incidents qualify as "principals" for purposes of prohibiting the City from certifying the information on the "CERTIFICATION REGARDING DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS" section. Pursuant to 28 CFR Part 67, "Principal" is defined in Section 67.995 to mean (a) An officer, director, owner,partner,principal investigator, or other person within a participant with management or supervisory responsibilities related to a covered transaction; or (b) A consultant or other person, whether or not employed by the participant or paid with Federal funds, who— (1) Is in a position to handle Federal funds; or (2) Is in a position to influence or control the use of those funds; or (3) Occupies a technical or professional position capable of substantially influencing the development or outcome of an activity required to perform the covered transaction. The officers involved in the above described incident did not have supervisory responsibilities related to a covered transaction,nor were the officers in a position to handle federal funds, influence or control the use of the funds, or in a position capable of substantially influencing the development or outcome of an activity required to perform the functions of the grant. Therefore, the City certifies that the information contained in the section entitled"DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS" is true, while disclosing the information above and stating that the former officers involved in the incident do not qualify as principals. HIDTA Group 2 State and Local Task Force Agreement Page 6 of 6 M&C Review Page 1 of 2 Official site of the City of Fort Worth,Texas CITY LOUNCIL AGENDA FORT NVORTf_I COUNCIL ACTION: Approved on 919/2014 -Ordinance No. 21418-09-2014 DATE: 9/9/2014 REFERENCE NO.: **C-26955 LOG NAME: 35FY15DEA MULTI- AGENCY TASK FORCE CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize Execution of an Agreement with the United States Department of Justice, Drug Enforcement Administration, to Continue Participation in the Drug Enforcement Administration Fort Worth Multi-Agency Task Force, Authorize Reimbursement of Costs Associated with Participation in the Amount of$117,754.25 and Adopt Appropriation Ordinance (ALL COUNCIL DISTRICTS) 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, to continue participation in the Drug Enforcement Administration Fort Worth Multi-Agency Task Force; 2. Authorize the acceptance in the amount of$117,754.25 for reimbursement of overtime worked by the assigned officers and a portion of the regular salary of the support personnel; and 3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grants Fund in the amount of$117,754.25, upon execution of the Agreement. DISCUSSION: The Fort Worth Police Department (FWPD) has been an active partner in the Drug Enforcement Administration (DEA) Fort Worth Multi-Agency Task Force (Task Force) since its creation in 1985. The officers assigned to the Task Force perform activities designed to hinder the illicit drug market in Tarrant County and effectuate the prosecution of offenders in the courts of the United States and the State of Texas. The duties of the Task Force include, but are not limited to, immobilizing targeted violators and trafficking organizations, gathering and reporting intelligence data related to trafficking in narcotics and dangerous drugs, conducting undercover operations where appropriate, and engaging in other traditional methods of investigation. FWPD has five officers assigned to the Task Force, and the DEA reimburses the City of Fort Worth for their overtime costs. In addition, this Agreement provides funds to reimburse the City of Fort Worth for a portion of the salary of one clerical employee performing administrative tasks in support of the 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, execution of the Agreement and adoption of the attached appropriation ordinance, funds will be available in the Fiscal Year 2015 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. http://ap.ps.cfwnet.org/council_packet/Mc—review.asp?ID=2015 I&councildate=9/9/2014 10/14/2014 M&C Review Page 2 of 2 TO Fund/Account/Centers FROM Fund/Account/Centers 3) $117,754.25 GR76 451891 035423743000 3) GR76 5 $117,754.25 (VARIOUS) 035423743010 Submitted for City Manager's Office by_ Charles Daniels (6199) Originating Department Head: Jeffrey W. Halstead (4231) Additional Information Contact: Aya Ealy(4239) ATTACHMENTS 35FY15DEA MULTI-AGENCY TASK FORCE A015.docx http://apps.cfwnet.org/council_packet/mc review.asp?ID=2015 I&councildate=9/9/2014 10/14/2014