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HomeMy WebLinkAboutContract 48072 F`417 SECRETARY N t RACT N0. 'ill AUG 9 2016 2016 State & Local Task Force Agreement SoA Y Dallas Field Division Tactical Diversion Group City of Fort Worth, acting on behalf of the Fort Worth Police Department This agreement is made this AUG 0 4 10 15 , between the United States Department of Justice, Drug Enforcement Administration (hereinafter "DEA"), and the City of Fort Worth, acting on behalf of the Fort Worth Police Department (hereinafter "FWPD"). 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 area and that such illegal activity has a substantial and detrimental effect on the health and general welfare of the people of Tarrant County, the parties hereto agree to the following: 1. The Fort Worth Tactical Diversion Task Force 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 Tarrant County 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 so 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 Tactical Diversion Task Force, the FWPD agrees to detail one (1) experienced officer to the Fort Worth Tactical Diversion Task Force for a period of not less than two years. During this period of assignment, the FWPD officer will be under the direct supervision and control of a DEA supervisory Special Agent assigned to the Task Force. 3. The FWPD officer 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. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 4. The FWPD officer assigned to the Task Force shall be deputized as Task Force Officer of DEA pursuant to 21 U.S.C. Section 878. 5. To accomplish the objectives of the Fort Worth Tactical Diversion Task Force, DEA will assign two (2) Special Agents and one (1) Diversion Investigators to the Task Force. 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 FWPD officer assigned to the Task Force. 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 Fort Worth Tactical Diversion Task Force, the FWPD will be responsible for establishing the salary and benefits, including overtime, of the officer assigned to the Task Force, and for making all payments due them. DEA will, subject to availability of funds, reimburse the agency/department for overtime payments made by it to FWPD officer assigned to the Fort Worth Tactical Diversion 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 $17,548.00), per 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 FWPD charge any indirect cost rate to DEA for the administration or implementation of this agreement. 8. The FWPD 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 FWPD 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 FWPD 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 FWPD 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 FWPD 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 FWPD acknowledges that this agreement will not take effect and no Federal funds will be awarded to the FWPD 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 FWPD 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, 2016. 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 FWPD during the term of this agreement. For the Drug Enforcement Administration: Date: Cly Shel f ey, r. (Special Agent in ChaY'ge For the City of Fort Worth: Date: Valerie . Washington Assistant City Manager Approval Recommended: p � t / Date: J `6 Joel F. Fitzgerald Chief of Police Fort Worth Police Department OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Approved as to Form and Legality: Maleshia E . Farmer Senior Assistant City Attorney � FORf Attest: _ °` 0 Nfary ayser XA� City Secretary OFFICIAL RECOR[ CITY SECRETARY FT WORTH, TX I {' 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 pub is (Federal .State,.nQr local) tra acdal or cQ�traet under a rr q e y tjQ(1 rjt�2 p r�G f1q t 3J]d� u,�bll(Gy transaction, VlOIatlOn of (deal ort tat 8ntitrust implerTlenaBdeat28e meP oVe9$1`OIDbtlU,nas tletineUlato2� rK st�attetw, la�sOrcanv g stole properto ecorcts, hmaTcintg r�als�d �'aR099,14 app��ant cer�lfies that: (C�Are riot presentl indiT f r or th rw a criminal or civil (a No Federal a ro riat funds have been aid or will be aid boar ed p a ovr�i nta nflt leserar St to or 1� I w��i 6y or on behalf ofpthe undersigned, to any person fpr influehcing G�mt ��ssio�i c an;,o tie af�enst s(enumerafec�Iti paragra�h 1) or attem tin to In uence an officer or employee of anV a encVV, 10 o Is ce I Ica n;and a Member o�Congress, an officer or employee of Congress, cr an employee of a Member of Conggress in connection with the d).Have not within a re(- ear eriod a din thi a li atio makinq of any Federal grant The entering Into of anl�dHon er more �ubllnraaetl�ns p�eseeral9Stare,pgro(ocap cooperative agreement, and extension, continuation, renew, ermina a for caus or a au7? an tr Il amendment, or modification of any Federal grant or cooperative agreement; B. Whe a the a pli is.una le to rtify to an f the stat me its in thlsP cee iftcatlon, a or s�ie shall a�tac� an ((b.IIf an funds ofh r thane pFederal a r riatedgfunds havetibesnat expranalnon to this application. � d or ywill be I Idetoo enm �OS ee foQni ea eno ate pmbe t f uence an o cer or e p t a e e o I�embei o on res I co ne tiop h 1s�bege ra n o QRUG REE �J(�L �E� eratl ee re� the rl��ersl ed sal co p e� anc� GRANTEES OTntK I„ANA NDIVIDUALS) �ctivnit es,6in a�cacordaFnce with itt�sl`in�tru ionsosure U o8bying As le emdd a the Frr�e�7W ultplace�°`clorOf 1988, and q ha q �g pq ap p c�e�ine�a� 28 1 Part �Sections DDF.915' and 9.61�8- 1 ) Ito eund nr�IC�ne��d,,in ttte av✓eurd docjme?ts tar air subawards at p, I ap u�a t rtitles that It will or will continue to provide a eci�e tsv ha�� ertify is'g1isctloseaaotrain�s) aanedr ti�a naf� su�d ditug-ire r�cir praceceby: tv P u [akw�b�Imat� fa u eat Senbtutiontl ais ny,i.oyees esslo t tn�e use Or a co�Ml � �y,',I)TTM UN,ANU U I t1tK e nploy cees or�rS�a $o�sIuach p�iibait IbeP Net�raga nst C �,v44�Af I R �b� tstabu�nm a%on�oing drug-tree awareness program to qs re aired b Executi a Or r 5 barment end orm emp oy s a%on,-going P�1Dna��Sn,ianD�impalreemCeDnvvtBere�ttranS tl S'Sa$ �rpro a " � �FR Dart 67,�ec�IOn 67.b1u- (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; ,i A available dru c unseeing, rehabilitation, and employee (a) Are not presently debarred, suspended, proposed for debar- (as'siSRnce programs;VCR bene#its b I a Stake or4Ledersentenced r voluntariilly excluded from t y y et, j��Th ggalties that may.b im�osep�u on employees for drug covered transactions b an ederal department or agency; usee4�a ions occur a or acpe, (( Makin it a re ment thh t each em to ee to be enged i� 6b Have np wth' a thr a-yea pe iod eced'n t is a I'c tion te� ert anance� rant�e given a c�py of the s men f ecno[nrni i on Of _?r It a a v ri�irdrt9a o ensed�n� nr ec�t�is wlmi mq lredoby paragrap e(a�; o�taining,a�emp ing>uo ostain,or pe ormmg a d Noti{��v,I th em toe in the tatem nt a fired b ecrapoy�a�tNh�ef,as�cccition of empT�oymenf undere granty 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 v21 laonyo acnmprioyecrrlin stru�g occuls ri° p r he worckplacerno a er han Ive Galen ar dads a er such con Ic on; e Notif inqq the age�tc�, in writin with c lendar days after othli riD ce Unnq�q ub ra aph �a)� orr an errtp�lo�,n., Check F h there are workplace on file that are not identified r 0 wIS rece VI e a ua notic o uc convl tl ere. mplo e c nvlc oy es st rov otice n u osltlo i fltP e a ne4 0{�' s l �f i e b� cJ�ro�ms ro Sk g3 n is a �ve u � S ti n 67 630 f the r ulations A ov des.that a g ntee that numbe��s�o'f ea h a ecteii grao It e shawl n, e the I�en lficatior a a�eA�a' elqe�th,oraa one oerll{cfa�o In. ach ?der 1 fi ca� Tor bepaient o � Ice le mc �tas an ?genies ttt I may elec o use ly�ice a 117. 9� Tak�n4 one. of the.followia� actipns, within 30 lend r res�pecI to ancylem�loyeelwhoUS so convieter�ngrap (d)( � wi Check r if the State has elected to complete OJP Form 4061/7. L1� Taking appropy. to persor}nel action against such n q�o�ee, u Tq rid �nGlglrla e�rrin ��gj3�as amentde�tho�ie R G FREE OR �qCE re Ir mentUi0 the rte a l I a n c o PGRgI�jTEeEg WHhOI REQINDIVIDUALS)JI Requirspp such em�lpyg{litatlo� rarc to faroove I orasuc Ims�lerr�erjt ��� 8 CYrte�7Wtr�kppclacte�cft of 1988, and use as l an a or eriab pp t c P /Ei15 u ses a ederal ate, or o a eaI h,Raw en orcemen , de Ine a a ectio6 arid��/.��L�- br Other aporoprlate agency; Asa o dition f the gr nt.I ertify that I will not engage in (g)Making a good faith effort to.continue to maintain a drug-free he unla cfu�manuf cture, c ist�lbucfion, dls nsln oss ioq workplace through implementation of paragraphs(a), (b), (c), (d), pr use o) a�ontro�I substance In con'sRon li�activi y with (e),and a grant;an The rant? ma ins?r� In tie pace.provided below the ite B. If convinced of a criminal drug offense resulting,from a s') fo{ tRIO orm nce of work one In connection with tie violation occurringq during the conduct of any gqrant activity, I will Pecl Ic gra report the conviction, in writing, within 110 carendar da s of the nvlctlon,to: De artment of Justice, Off ce of Justice Programs, Pla of Performance (Street address, city, country, state, zip ��TN: Control Desk, 633 Indiana Avenue, N.W., Washington, CORIj 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 on behalf of Fort Worth Police Department 75-6000528 2. Application Number and/or Project Name 3. Grantee IRS/Vendor Number Valarie R. Washington, Assistant City Manager 4. Typed Name and Title of Authorized Representative r w 5. Signature 6. Date FY 2016 Asset Forfeiture Sharing Agreement The Federal, state and local members (the "Participants"), of the DEA Fort Worth Tactical Diversion (the "Task Force"), hereby agree to the following terms and conditions of this Memorandum of Understanding ("MOU") governing the Task Force's equitable sharing requests and participation in the United States Department of Justice ("DOJ") Equitable Sharing Program: The following are the Task Force Participants and their contribution to the Task Force: Arlington Police Department/1 officer assigned to the Task Force City of Fort Worth, acting on behalf of the Fort Worth Police Department/1 officer assigned to the Task Force North Richland Hills Police Department/1 officer assigned to the Task Force Parker County Sheriffs Office/l officer assigned to the Task Force Tarrant County Narcotics Unit/1 officer assigned to the Task Force Benbrook Police Department/l officer assigned to the Task Force Stephenville Police Department/1 officer assigned to the Task Force Granbury Police Department/1 officer assigned to the Task Force Participants acknowledge that equitable sharing is at the discretion of the Attorney General and not guaranteed in any case. Participants acknowledge that sharing will not be award in a case if victims have not been fully compensated. State, local or federal government entities can be considered victims. Sharing percentages shall be based upon the following formula: Agencies with one or more full time deputized Task Force Officers ("TFOs") assigned to the Task Force will receive a pro rata share of the maximum amount available for sharing, based on the number of TFOs assigned as of the date of the seizure. The maximum amount available for sharing is currently 80 percent of the asset value minus expenses related to the seizure, and minus any percentages allotted for agencies not a party or recently added to this Sharing Agreement who have also participated quantitatively or qualitatively in the asset seizure. Sharing is not automatically 80 percent. The actual amount to be shared among the participating agencies may be impacted by numerous factors. Participants understand that if a non-MOU member receives an equitable share based upon their contribution, then the MOU Participants' shares shall be reduced proportionately (e.g., if non-MOU agency receives 10% based upon their contribution, then the MOU Participants' percentages shall be based upon 90% of the maximum amount available for sharing). Participants further understand that additional adjustments may be necessary so to ensure that DEA (DOJ) receives a minimum of 20%. FISCAL YEAR 2016 ASSET FORFEITURE SHARING AGREEMENT-DEA AND CITY OF FORT WORTH 1 Participants further understand that the federal decision-makers on each equitable sharing request retain discretion to modify percentages as deemed appropriate based on the facts and circumstances in each case. The addition and/or departure of Participant agencies and personnel shall not require renewal of this Sharing Agreement. Rather, the sharing percentages shall continue to reflect the pro rata contributions of any and all agencies which participated in a seizure pursuant to this Sharing Agreement. This Sharing Agreement shall remain in force upon the addition or departure of law enforcement agencies in the DEA Fort Worth Tactical Diversion Task Force. This agreement shall be reviewed annually at the time each agency completes the State and Local Task Force Agreement with DEA for the coming Fiscal Year. Termination shall be by mutual consent in writing by all Task Force Participants or by the withdrawal of DEA (the latter upon 30 days advance written notice to all current Task Force Participants). CJ de helley, Jr. Date Special Agent in Charge Dallas Field Division FOR THE CITY OF FORT WORTH �law,- '--)'1110 b Valerie R. Washington Assistant City Manager Date APPROVAL RECOM 6, 113 //A Joel F. Fitzgerald Date Chief of Police Fort Worth Police Department OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX FISCAL YEAR 2016 ASSET FORFEITURE SHARING AGREEMENT-DEA AND CITY OF FORT WORTH 2 Approved as to Form and Legality: Akav-40-,� aleshia Farmer Senior Assistant City Attorney Attest: O� F 0'r? O Wry Kayser City Secretary "K �'FxAS OFFICIAL RECORD CITY SECRETARY F WORTH, TX FISCAL YEAR 2016 ASSET FORFEITURE SHARING AGREEMENT-DEA AND CITY OF FORT WORTH 3 Saucedo. Marian G. From: Santillan, Gina <Gina.Santi Ilan @fortworthtexas.gov> Sent: Friday,July 29, 2016 4:46 PM To: Saucedo, Marian G. Subject: DEA-Tactical Diversion Fort Worth Police Dept. Hello Marian, In regards to our recent conversation please go ahead and mark through the incorrect name and add the name of the individual who is authorized to sign the Agreement. Please just make sure that they initial the change so that we can show that they are aware of this change being made. We have had to do this to several other Agreements so it should not pose any issues. Please email/call me if you have any questions and/or concerns. Hope you enjoyed your time with your grandkids!! Thank You, Gina M. Santillan l Asset Forfeiture& Task Force Coordinator l Fort Worth Police Department l 817.392.4218 l Gina.Santillankfortworthtexas.gov City of Fort Worth— Working together to build a strong community. FORT WORTH.