HomeMy WebLinkAboutContract 48952 20117 S t to and LocO Task Force Agreement
' u HIDTA
Dallas Field Division
CITY SECRETARY ,
Western Drug Squad/ Gg°®tap 2 CONTRACT No.
(City of Fort Worth
4 Fort Worth police Department
This agreement is made this 1St day of October, 2016, 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 Texoma HIDTA Western Drug Squad 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 Texoma HIDTA Western Drug Squad,the CFW agrees to
detail eight(8) experienced officer(s) to the Texoma HIDTA Western Drug Squad 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 Texoma HIDTA Western Drug Squad 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. 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 Texoma HIDTA Western Drug Squad , 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 Texoma HIDTA Western Drug Squad for overtime payments
made by it to the CFW officers assigned to the Texoma HIDTA Western Drug Squad 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 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 1.
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
proj ect.
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.
15. 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 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:
de E. elley, Jr.
Special Agent in Charge
For the City of Fort Worth/Fort Worth Police Department:
Date: /L-30 /
Joel F. Fitzgerald, Sr, Ph.D.
Chief of Police
Fort Worth Police Department
�b Date: 31�
Valerie Washington
Assistant City Manager
City of Fort Worth
AP AS O FORM AND LEGALITY
Date:
Denis Mc roy
Assistant CityA ney
-1�v F®RTlZ
A ..
7
Mary j. 10 er, Ci Secretary
._.._ •'' YH, -'Q illi t-1'1.1h;t; } � I
.'::,-r:act Awthoxiaatioa r
n
C_U
v' U.S. DEPARTMENT OF JUSTICE
OFFICE OF JUSTICE PROGRAMS
OFFICE OF THE COMPTROLLER
CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION AND
OTHERAESPONSIBILITY 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�ljc (Federal .State,, r local) a ado or c tr et ung� raAs e uir d b gge t�n 13 T'tle 31 of the U,S. Ctode, aan� ules i transaction;, vto�atltion oe med°e�aa ort as ntierust
improt pen eld�28�nF1e Pa Ve9,�17o���r�s�naseet1hin gat°2�c s{aterr�esnts�r rec�eiv g stole�nr property z records, hmaking r�al�d
Far 6py lWe applgant cer'ifies trhat:
`` Are of presentlyindi t d for or th nNi e criminal or civil
(ba No Federal appropriate funds have been paid or will be paid, par d��a�overnin nc#afpntU (�enera
fs tStgte, or �ca[ wi
or on beha f of{he undersi ned, to an person for influencing om sio an o the o ens s enumePa a in ara rah 1)
or attemptin to influence an officer or employee of any agency, �)o fiis ceRiificaXon; and p g
a Member o�Cpngress, an officer or employee of Congress, or
an employee o a Member of Congress in connection with the th }
making ,of any Federal rant t[he entering into of any did Have not within a thregryaesagerio tredce alpAhille;pgri5oca
cooperative agreement, and extension, continuation, renewal, ermina e for caus or a au t; an tr
amendment, or modification of any Federal grant or cooperative
agreement;
RatWhe a the a plic n� is,una le to c rtify to an f the
f t me 's in thin c 1r%cation, e or she sl�all atvtacl an
b,[f an funds other than Federal a r riated fund hav .ben expPana{Ion to this appr✓ication.
rj or ywill be id to an pgrson fo �n �iencin�or a�em i e o
uence an o cer or e o ee an a , a e el o
aeress ar# ,icer or em�o ee o?Come o aro e p oyaea o
mbet o on res i co ne tion h is a era ar n o RUG FRE WpRKpL �E
co erativ afire n n i1he �r�c�ersi d s al corp e'te yang �ORANTEES OIFt iER THANAIND{VIDUALS)
uQ�, It fan ar otm. -, sclosure 0 o b in
cTiv[les, in accordance with its instructions; As re uinr1r dd b eCC pp u -Frtre W rk lace ` t of 1988, and
deViine�&t e28 a Part �Se�cflonns Off. ' And gy�t6ds, as
Urider i nea sh II requir that the la[�qua e of this cer-
al� iers piric�� �ed in tie aW�rTdoc metnts ter I�supa awards a A gt e a li pat tides that it will or will continue to provide a
coo iers.I uree�,ends grand ssu000nrta cas uanndrtl1ga itp su� tlru Tee VrK lace b :
recipients sha�acert[fy an ctaisclose accorsing�y.
a P b ishin a stat m nt tit in e rmlo eges, that the
useakk o aan'onss
o ecifv u s�Kie actin R%�i Fe !ne�fa�e�ragaens�
WONin AND OTHER woremployeesaorviolation oTsuch prohibition;
b kstabli bin an on-going drug-tree awareness program to
As re aired by Executive Ordder 11225.g 9, bair�ment Land Norm emplsoye�s about-
Sau Pnngsn n,iand rilmelemerutereettransactions,2F6a§tdet�neyettl
�FR art lMIR �a1t (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;
3 A available dru c unseling, rehabilitation, and employee
((a) Are not presentlyy debarred suspended proposed for debar- taslsis{�nce programs;gancp
rYient declared inetiq�ible, sentenced to a denial of Federal
benefits by a State or-I eYeralcourt,or voluntarily excluded fro Y �The ggt}aloes that ma_V b im 0�epc�upon employees for drug
covered transactions b an Federal department ora agency; use v o a ions occurring in a or a e;
fR4Makinct a rec�irtgment tgjeagh enlo�ree to be enaved iq
b Have not wth' a thr e- ea eriod eced'n t is a 1'c ti per mance hh ran e given c py of the s men
e�en convicted o �r hF yCivir.ud e r rencretge�aaga4r�s ,e` require y paragrap (a�;
o9r commis on o. rail r a eri ito ense in con ection wi
taining, a�rempting to obtain, or performing a tthh t
th� Notifi�e�tttf, asm�c°oync�ition of empi�oymenef utnc�ergt�iie grabtY
ra ra
e e p�0y w -
OJP FORM 4061/6(3-91)REPLACES OJP FORMS 4061/2,4062/3AND 4061/4WHICH ARE OBSOLETE.
(1)Abide by the terms of the statement; and
(2 r�tify he e �I Yin WI wtri(ir q of his.o her convickio� for a
vl la n o,a cn n r Y s u occurnn I the wor p ace no
la er an Ive ca en ar a s i er such con Ic Ion;
�e Notif in the aSTF, i%writin with' c lendar da s after
el �nrf�tice e�esu pnraaph. �e)� orr� an errY��o ee Check f- hf there are workplace on file that are not identified
gr o Is rege vt Rua notic uc copvl I ,n, ere.
mployer c nvlc o esp� st rovl otice n u In
osltloll fitl° e a �if of s Ic 5f i e b I e
Vro am ttro Sk, ggn tona �ve u `�1 Septi n 67 6 0 f the r ulations ov des.that a n e that i
ao� In n, 2 1. Notice shall Inc�utle the Icaenflfi6Wo'ri a 5ta�e ma��ele p tto Sta�Pe on cel ii< a�o m. achgF�e ralfi ca�
numer�s�of each a acted grant; a belacloushff�Fo-rJm � �l�nc� afeeswatnde ate p�genies
Y
��flfl Tak'n one. of the. followi acti ns, withi 30 lendar
rdes�pec��toqanelemoloyetic% uni rconv�igograp� (d)( , wllll Check r- if the State has elected to complete OJP Form
4061/7.
&1� Taking ap rojrl e p tsortnel ,action a�alntst such n MUG-FREE
o�ee, p wc�nab`lglai tedrr}In?t,� Aaas amende�t orae ANWORKPLACE
ARE INDIVIDUALS)
regailr men o he e a l l a on c o
Requirin such employ e.to artici ate satisfactorilxx i a drub� As re uir dddb e u -Fre W Irll lace t of 1988, and
a �aie ap�ropateeagdnc�}letaopor�o� �eaha�aw
rove or
eeaine�ea� 8aS�ectlorisT�� and�r/,��L�ntees, as
Asa o dition of he gr�nt.l Gertify that I will not en a e in
(g) Making a good faith effort to continue to maintain a drug-free h'e unla yu�man uf cure, dlstrlbuCion, do nsm oss� s�o
workplace through implementation of paragraphs(a), (b), (c), (d), ff use i; a Tont ro e substance In con i Ion h�activl y with
(e), an (f). e gran ; an
The rant ma insert In tie ace.provided b�elow t e ite e. If convinced of a criminal drug offense resulting,from a
s fo tMe er�orm�nce of work Bane Ill connecfion wl fie violation occurring during the conduct of any qrant activity, I will
Ddecific gram: report the convlcliion, In writing, within 10 calendar days of the
qonviction,to: Department of Justice, Office of Justice Pro rams,
Pla of Performance (Street address, city, country, state, zip N. Control Desk, 633 Indiana Avenue, N.W., Washington,
co e 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:
2. Application Number and/or Project Name 3. Grantee IRSNendor Number
4. Typed Name and Title of Authorized Representative
V(wo
5. Signature 6. Date
FY 2017 Asset Forfeiture Sharing Agreement
The Federal, state and local members'(the "Participants"), of the DEA HIDTA Group 2 (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:
City of Fort Worth/Fort Worth Police Department/Eight(8) Officers 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 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.
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 HIDTA Group 2 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).
For the Drug Enforcement Administration:
Date: ,_7//
Y Y�
Special Agent in Charge
For the City of Fort Worth/Fort Worth Police Department:
-- Date:
Joel F. Fitzgerald, Sr. Ph.D.
Chief of Police
Fort Worth Police Department
vat) Date: 171
Valerie Washington
Assistant City Manager
City of Fort Worth
VEDar
RM AND LEGALITY
4 Date: �I2 "7201 j--
Denis etlroy
Sr. Assistant C Attorney
F.FORT
••�®
Mary er, Secre `•� -_- � ..� .,a_,. ��
XAS RY
M&C Review Page 1 of 2
Official site of the City of Fort Worth,Texas
CXTY COUNCIL AGENDA FORT
COUNCIL ACTION: Approved on 1/24/2017 - Ordinance No. 22569-01-2017
. -- -- -
REFERENCE 35FY2017 HIDTA
DATE: 1/24/2017 NO.: **C-28079 LOG NAME: WESTERN DRUG SQUAD
GROUP 2
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize Execution of an Agreement with the United States Department of Justice, Drug
Enforcement Administration for Reimbursement of Overtime Costs in the Amount Up to
$142,024.00 for Participation in the North Texas High Intensity Drug Trafficking Area Task
Force Western Drug Squad/Group 2 for Fiscal Year 2017 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 for reimbursement of overtime costs and for participation in the North
Texas High Intensity Drug Trafficking Area Western Drug Squad/Group 2 for Fiscal Year 2017;
2. Authorize the acceptance of the amount up to $142,024.00 for the reimbursement of overtime
costs for eight officers assigned to the North Texas High Intensity Drug Trafficking Area Task Force
Western Drug Squad/Group 2; and
3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Grants Fund in the amount of$142,024.00, upon execution of the Agreement.
DISCUSSION:
Since 1999, the City of Fort Worth has worked cooperatively with the United States Department of
Justice, Drug Enforcement Administration (DEA) to address the problem of drug trafficking in North
Texas through various task forces. The North Texas High Intensity Drug Trafficking Area (HIDTA)
Western Drug Squad/ Group 2 Task Force seeks to disrupt the illicit drug traffic in the City of Fort
Worth by immobilizing targeted violators and trafficking organizations, gathering and reporting
intelligence data relating to trafficking of narcotics and other dangerous drugs and by conducting
undercover operations where appropriate.
The Task Force will also engage in other traditional methods of investigations 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.
The Fort Worth Police Department currently has eight officers assigned to the HIDTA Western Drug
Squad/Group 2 Task Force. The City of Fort Worth will be reimbursed by the DEA for overtime
expenses related to the department's participation in the HIDTA Western Drug Squad/Group 2 in an
amount not to exceed $142,024.00. No matching funds are required.
This contract will be with a governmental entity, state agency or public institution of higher
education: Drug Enforcement Administration (DEA)
FISCAL INFORMATION/CERTIFICATION:
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=22889&councildate=1/24/2017 4/11/2017
M&C Review Page 2 of 2
The Director of Finance certifies that upon approval of the above recommendations, execution of the
Agreement and the adoption of the attached appropriation ordinance, funds will be available in the
current operating budget, as appropriated, of the Grants Fund.
TO
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year I (Chartfield 2)
FROM
Fund Department Account Project Program Activity Budget Reference# Amount
ID I ID Year I (Chartfield 2)
Submitted for City Manager's Office by: Valerie Washington (6192)
Originating Department Head: Joel Fitzgerald (4231)
Additional Information Contact: Joel Fitzgerald (4231)
ATTACHMENTS
35FY17 HI DTA WESTERN DRUG SQUAD GROUP 2 Grant AO.docx
http://apps.cfwnet.org/council_packet/me_review.asp?ID=22889&councildate=l/24/2017 4/11/2017