HomeMy WebLinkAboutContract 48951 tro ;
- eu 17 State and Local Task Force Agreement
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N CITY SECRETARY
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NIM Tactical Diversion Group —
i o� j ity off FortVorth, acting on behalf of the ]fort Worth Police
�_ Department
This agreement is made this Vt day of October, 2016, 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 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 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.
4. The FWPD officer assigned to the Task Force shall be deputized as Task Force Officer (TFO)
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 Investigator 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
$17,753.00), 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, 2017. This agreement maybe terminated by either parry 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:
Clyd ey, Jr.
Special Agent in Charge
FOR THE CITY OF FORT WORTH
IkA) Date:
Valerie R. Washington
Assistant City Manager
City of Fort Worth
APPROVAL RECO I TNDED:
�--� L Date:
Joel F. Fitzgerald
Chief of Police
Fort Worth Police Department
ATTEST (j ®?�
Mary K ty retary ')(p�S
OVE VOFORM AND LEGALITY:
'N )
Denis JVMcEl y Assistant City Attorney
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Date !j�•'liA �,'f�� ` ��, °�1� �
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.
ea,&,
Name of Employee
Ma n��er f dna I us f
Title
U.S. DEPARTMENT OF JUSTICE
rI 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
form. 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 Debarment and Suspension (Nonpro-curement) and
Government-wide Requirements for Drug-Free Workplace (Grants)." The certifications shall be treated as a material
representation of fact upon which reliance will be placed when the Department of Justice determines to award the
covered transaction, grant, or cooperative agreement.
I
1. LOBBYING
As required by Section 1352,Title 31 of the U.S. Code,and public(Federal,State, or local)transaction or contract under a
implemented at 28 CFR Part 69,for persons entering into a public transaction;violation of Federal or State antitrust statutes
or commission of
grant or cooperative agreement over$100,000, as defined at embezzlement, theft,forgery,
28 CFR Part 69, the applicant certifies that: bribery,falsificattion or destruction of records, making false
statements, or receiving stolen property;
(a) No Federal appropriated funds have been paid or will be (c)Are not presently indicted for or otherwise criminally or
paid, by or on behalf of the undersigned, to any person for in- civilly charged by a governmental entity(Federal, State, or
fluencing or attempting to influence an officer or employee of any local)with commission of any of the offenses enumerated in
agency, a Member of Congress, an officer or employee of paragraph(1)(b) of this certification;and
Congress, or an employee of a Member of Congress in con-
nection with the making of any Federal grant, the entering into (d) Have not within a three-year period preceding this applica-
of any cooperative agreement, and the extension, continuation, tion had one or more public transactions(Federal, State,or
renewal, amendment, or modification of any Federal grant or local)terminated for cause or default; and
cooperative agreement;
B.Where the applicant is unable to certify to any of the
(b) If any funds other than Federal appropriated funds have statements in this certification, he or she shall attach an
been paid or will be paid to any person for influencing or at- explanation to this application.
tempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or
an employee of a Member of Congress in connection with this 3.DRUG-FREE WORKPLACE
Federal grant or cooperative agreement, the undersigned shall (GRANTEES OTHER THAN INDIVIDUALS)
complete and submit Standard Form- LLL, "Disclosure of
Lobbying Activities," in accordance with its instructions; As required by the Drug-Free Workplace Act of 1988, and
(c)The undersigned shall require that the language of this cer- implemented at 28 CFR Part 67, Subpart F,for grantees,as
tification be included in the award documents for all subawards defined at 28 CFR Part 67 Sections 67.615 and 67.620—
at all tiers (including subgrants,contracts under grants and A.The applicant certifies that it will or will continue to provide
cooperative agreements, and subcontracts) and that all sub- a drug-free workplace by:
recipients shall certify and disclose accordingly.
(a) Publishing a statement notifying employees that the
unlawful manufacture,distribution,dispensing,possession, or
2.DEBARMENT,SUSPENSION,AND OTHER use of a controlled substance is prohibited in the grantee's
workplace and specifying the actions that will be taken against
RESPONSIBILITY MATTERS employees for violation of such prohibition;
(DIRECT RECIPIENT) (b) Establishing an on-going drug-free awareness program to
As required by Executive Order 12549, Debarment and inform employees about—
Suspension, and implemented at 28 CFR Part 67, for prospec- (1)The dangers of drug abuse in the workplace;
tive participants in primary covered transactions, as defined at
28 CFR Part 67, Section 67.510—
(2)The grantee's policy of maintaining adrug-free workplace;
A. The applicant certifies that it and its principals: (3)Any available drug counseling, rehabilitation, and employee
assistance programs;and
(a)Are not presently debarred, suspended, proposed for debar- (4)The penalties that may be imposed upon employees for
ment, declared ineligible, sentenced to a denial of Federal drug abuse violations occurring in the workplace;
benefits by a State or Federal court, or voluntarily excluded
from covered transactions by any Federal department (c) Making it a requirement that each employee to be engaged
or agency; in the performance of the grant be given a copy of the state-
(b) Have not within athree-year period preceding this applica-
ment required by paragraph(a);
tion been convicted of or had a civil judgment rendered against (d) Notifying the employee in the statement required by para-
them for commission of fraud or a criminal offense in connec- graph (a)that, as a condition of employment under the grant,
tion with obtaining, attempting to obtain, or performing a the employee will—
OJP FORM 4061/6(3-91)REPLACES OJP FORMS 4061/2,4061/3 AND 4061/4 WHICH ARE OBSOLETE.
(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
(0 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 a (GRANTEES WHO ARE INDIVIDUALS)
( ) g ppropriate personnel action against such an
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, 810 Seventh Street NW.,
Place of Performance(Street address,city, county,state,zip Washington, DC 20531.
code)
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 75-6000528
2.Application Number and/or Project Name 3.Grantee IRS/Vendor Number
Valerie R.Washington, Assistant City Manager
4.Typed Name and Title of Authorized Representative
5.Signature 6. Date
*U.S.Govern
FY 2017 Asset Forfeiture Sharing Agreement
The Federal, state and local members (the "Participants"), of the DEA Fort Worth Tactical Diversion
Task Force (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:
Benbrook PD/One (1) officer assigned to the Task Force
Fort Worth PD/One (1) officer assigned to the Task Force
North Richland Hills PD/One (1) officer assigned to the Task Force
Parker County SO/One (1) officer assigned to the Task Force
Stephenville PD/One (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 awarded 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%.
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.
FY 2017 Asset Forfeiture Sharing Agreement Page 1 of 2
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).
Cly e E. Weftey, Jr. Date
Special Agent in Charge
5i
Dallas Field Division
FOR THE CITY OF FORT WORTH
Valerie R. Washington Date
Assistant City Manager
City of Fort Worth
APPROVAL RECOMMENDED
f FoR
Joel F. Fitzgerald, Chief of Police Date
ATTEST V'
ary K1NY
ff y cretary �XAS
OV AS FORM AND LEGALITY
ti
Deni C. Mc 1 y,Assistant City Attorney
FY 2017 Asset Forfeiture Sharing Agreement Page 2 of 2
M&C Review Page 1 of 2
Official site of the City of Fort Worth,Texas
I ' (C UN C FoRr T��
COUNCIL ACTION: Approved on 1/24/2017 - Ordinance No. 22570-01-2017
DATE: 1/24/2017 REFERENCE **C-28080 LOG NAME: 35FY2017DEATACDIV
NO..
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize Execution of an Agreement with the United States Department of Justice, Drug
Enforcement Administration, to Participate in the Drug Enforcement Administration
Tactical Diversion Group Task Force, Authorize Acceptance of Reimbursement Funds in
the Amount of$17,548.00 and Adopt Appropriation Ordinance (ALL COUNCIL
DISTRICTS)
_77-7'.
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 participate in the Drug Enforcement Administration Tactical Diversion
Group Task Force;
2. Authorize the acceptance of reimbursement funds in the amount of$17,548.00; and
3. Adopt the attached ordinance increasing estimated receipts and appropriations in the Grants
Operating Other Fund in the amount of$17,548.00, on execution of the Agreement and receipt of
funds.
DISCUSSION:
The Fort Worth Police Department has had an ongoing working relationship with the Drug
Enforcement Administration (DEA) for the past several years and is looking to be part of the DEA
Tactical Diversion Group Task Force (Task Force). The Fort Worth Police Officer assigned to this
Task Force will perform activities and duties such as investigating individuals and/or organizations
involved in diversionary schemes, investigating and reporting intelligence data relating to trafficking of
controlled pharmaceuticals, conducting undercover operations, and engaging in other traditional
methods of investigations.
There will be one Officer assigned to the Task Force. Pursuant to the Agreement, the DEA will
reimburse the City of Fort Worth for the Officer's overtime expenses. Indirect costs are not eligible for
reimbursement. No matching funds are required.
This contract will be with a governmental entity, state agency or public institution of higher education:
Drug Enforcement Administration
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendation, receipt of funding,
and adoption of the attached appropriation ordinance, funds will be available in the current operating
budget, as appropriated, of the Grants Operating Other Fund. This is a reimbursement grant.
TO
Fund Department Account Project Program Activity Budget Reference# T4mount
ID ID I I Year (Chartfield 2)
http://apps.cfwnet.org/council_packet/mc review.asp?ID=24212&councildate=1/24/2017 4/11/2017
M&C Review Page 2 of 2
FROM
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year I (Chartfield 2)
Submitted for City Manager's Office by: Valerie R. Washington (6199)
Originating Department Head: Joel F. Fitzgerald (4231)
Additional Information Contact: Carla Vasquez (2639)
ATTACHMENTS
Tactical Diversion Grant AO.docx
http://apps.cfwnet.org/council_packet/mc_rcview.asp?ID=24212&councildate=1/24/2017 4/11/2017