HomeMy WebLinkAboutContract 50576 CITY 8ECRETR f 71Q
2018 State and Local Task Force Agree
HIDTA
I Dallas Field Division
Western Drug Squad / Group 2
City of Fort Worth
Fort Worth Police Department
This agreement is made this 1I day of October,2017,between the United States Department of
Justice,Drug Enforcement Administration (hereinafter"DEA"),and the City of Fort Worth,
Texas 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
i substances under the provisions of 21 U.S.C. § 873.
WHEREAS there is evidence that trafficking in narcotics and dangerous drugs 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:
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1.The Texoma High Intensity Drug Trafficking Areas(hereinafter"HIDTA") Western Drug
Squad Task Force will perform the activities and duties described below:
a.disrupt the illicit drug traffic in the Tarrant County 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 Task Force, FWPD
agrees to detail eight(8)experienced officers to the Texoma HIDTA Western Drug Squad Task
Force for a period of not less than two years.During this period of assignment, the FWPD
officers will be under the direct supervision and control of DEA supervisory personnel assigned
to the task force.
3.The FWPD 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 FWPD officers assigned to the task force shall be deputized as task force officers of DEA
pursuant to 21 USC 878.
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5.To accomplish the objectives of the Texoma HIDTA Western Drug Squad Task For �a
will assign Three (3) Special Agents to the task force. DEA will also, subject to the flit
of annually appropriated funds or any continuing resolution thereof,provide nei 's ,n unds p u+
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equipment to support the activities of the DEA Special Agents and FWPD 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 Task Force, the
FWPD will remain responsible for establishing the salaries and benefits, including overtime, of
the FWPD officers assigned to the task force and for making all payments due them. DEA will,
subject to availability of funds, reimburse the FWPD for overtime payments made by it to the
FWPD officers assigned to the Texoma HIDTA Western Drug Squad Task Force for overtime,
gup to a sum equivalent to 25 percent of the salary of a GS-12, Step 1 (RUS) federal employee,
r currently$18,042.00, 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 1.
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 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
FWPD 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.
13. While on duty and acting on task force business, the FWPD officers assigned to the Texoma
HIDTA Western Drug Squad 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
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States is liable for the actions of task force officer, while on duty and acting within the scope of
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their federal employment,to the extent permitted by the Federal Torts Claim Act.
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14. The term of this agreement shall be effective from the date in paragraph number one until
September 30, 2018. This agreement may be 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. DEA will be responsible only for obligations incurred
by FWPD during the term of this agreement.
For the Drug Enforcement Administration:
Date:
6?fyVyST1elley, Jr.
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
Date:
Valerie Washington
Assistant City Manager
City of Fort Worth
APPROVED AS TO FORM AND LEGALITY
Date: kk-o"
Matthew A. Murray
Assistant City Attorney
ATT BY: �OF.F / �.l2
ate:
Mary .Kayser,City Secretary
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CONTRACT COMPLIANCE MANAGER:
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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.
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Carla Vasquez
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Management Analyst I1
Title
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FY 2018 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:
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City of Fort Worth/Fort Worth Police Department/Eight(8) Officers assigned to the Task
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Force/Texoma HIDTA Regional Intelligence Support Center
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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
1. have not been fully compensated. State, local or federal government entities can be considered
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victims.
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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.
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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).
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For the Drug Enforcement Administration:
' Date:
de elley, J .
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
Date:
Valerie Washinetton
Assistant City Manager
City of Fort Worth
APPROVED AS TO FORM AND LEGALITY
Date:
Matthew A. Murray /001
Assistant City Attorney
of!�o
ATTE BY:
' Date: A111
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ary 1. Kayser, City Secr a y
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CONTRACT COMPLIANCE MANAGER:
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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.
Carla Vasquez
Management Analyst Il
Title
+y� U.S.DEPARTMENT OF JUSTICE
�► j OFFICE OF JUSTICE PROGRAMS
OFFICE OF THE COMPTROLLER
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CERTIFICATIONS REGARDING LOBBYING- DEBARMENT, SUSPENSION AND
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OTHER RESPONSIBILITY MATTERS; AND DRU&—FREE WORKPLACE REQUIREMENTS
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j 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
j Government-wide Requirements for Drug-Free Workplace(Grants)."The certifications shall be treated as a material
I 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,�ric ( ederal.State. r local) a a o or tr ct un r
uranacUon' 0 o3 tion oVr re�efa� o p n gruslAs �e�uird be 37�Ttle 31 of the U.S. .Code, an tu s o comrhiss{on f m omen e oimp en e� a ns e t m m o an a ra�slficatian.or structiion or records, 6 nr�PlrYsd_30096. as2e1ine�l at 2� FR sPergbnts,or recervmg stolen property,
l`cC11 Are of presend indict d f r or a rw criminal or civul
((a No Fed ra app opriate funds have been paid or will be paid, dt(ar ed a over�i nl n��tv �et�era t to or calf wR
b or on be�a of t ie undersig d,to any Berson for Influencing �gmr ss�rJ�i an�l o Ted of�ens2s(enumera Did paragraph l
or atte n to influence an o icer or emp ogee tany aqen lol o �s ce i ica on;an
a Meme 0 C�ngDss, an o icer or employee o�Godgrg �r
an e/Lafivv�'
e o a b r of Congress m cpnnectron it ffie
makianV Federa� rant R►e enterlfi� into of an d�lave not within a ��-1r� a Tn s p[e1 inl g�hiV 1iciacacoo a agPeeme�t an exlensiot�, conim anon, renew °n�for ooaru ori eaau ;ens tr era, to r ocaamrPn , or mosi�ption of any Fecsera[grant or cooperative ermma
agreement;
B. Whe a the a pli I .uncihte to rtify to an f the
staymey,s m th cFn Ta�on, ne or s�ie shall adach an
b an funds other than Federal r not d fund hav be exp ana on to this app rca on.
or drill pe id to an rs°n fo �n��ienc�n or aem lnlq f
uence an o��r or ego ee an a en a e,� o
laRressf of C" r or em�oWee o� on res e grant o�
ry� on re r co ne,�on Is e�era n o VI pR yypRKp�pC�
}�� �?!o a the t�r�ersiga sal cor p e�� y n9 �C;t�ANTEES HER TITAN INDIVIDUALS)
u s, m accordance with its nuruct�onsosure o o b�n e� AnFre ct
d.01re 11fehby eCaFrt �Se% W9 lance for f 1908,scies
a� P b bl and RM
}�T�??e nd r� sh II re a that the la u e f this cer-
'll` fefs� �cCUa ll re r��on�m un a su�awardas at §rug!tree kBIrlrPaP1ccebrV es that it will or will continue to provide a
cooperatrveh��ree owls n §u contr� an tflq aI� suad-
rea Tents s a ce ancY eis ose acro ng y.
([a P blishin a stat in t notif n e Io ees t the
Elm 1 11 1U�a I mar� fa�tuee �is naution ttisnts� , ssesslar� car
work Tace cnnd s ecittvvn sn actin �SraT�wibea�Cei�rn
� ER ION,AND OTHER empl�yees orv��at10 OV such pro�iibrtion; against
Fac W prd 2549 D b t i a n ori drug-tree tree awareness program to
5u re uireen nd.anc�im loin nted t 2grC�R Prt'67 Ibarmos t nd �0 s anbSutJ 9 9- P 9
� �gR%'M%9aT1on%7a°'�rrec�transactions, a§ 2eRnec�a 9
(i)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 v Uab a dru unselmg, rehabilitation, and employee
(a)Are nott presgn� ebarred, sus nded, propos7d for debar- las)sc�eirog�ams;gan�
�est d cloned mefi ible, s ntenc�d� to a ddenial of F doral
enelits cy a State orgFeyera ycouF►t,or veluntparily excludedre o.V jt$p Zjfts thhaj may bVrrWoskj upon employees for drug
covered transactions b an ederal de artrtment oragency; u s o mn in a or a ,
Have tt �� r Ma n it a re r ment gat each.em to ee to 6 en ed i
b�recomm to�o �ah rJ a ecr it9a offs ed n� t�ecZio}w�i t�� Ir f�nance tt�� ra be given a c�py of tie s�a�men�
{f s q� �y paragrap sent
oataining,ale V'ocitain,or performing a {,, ��
�ra °a h��n ttt��E,asIcor e�iUon of employrn of uncJrerQt�ie granty
e p�oy WIT.
OJP FORM 406116(3-91)REPLACES OJP FORMS 4061/2,406213 AND 406114 WHICH ARE OBSOLETE.
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(1)Abide by t e terms of the statement;and
801 Cherry Street, Suite 700
Iy", la�on�0 a crign���Iin str u�oc&urnn#�the worrkpllace no Fort Worth, Texas 76102
er an ca en ar a s a er suc con i ton;
e Not' in e a e i writ with' lendar da s after
e�iK& ce u`� V urb ra aph �a)� roue an err to Yee Check r cf there are workplace on file that are not identified
r is rete vi a ua notic uc conv tin. ere.
Em o e c nvr o es st row pot n u in
aao,.s�troi �P� e f o1mg, s1� ` fne dt! �ws Sit,' n 67 6 0 f the r Mations ov'des.that nee hat i
Ea�mi m n e i�ae steal mu�c�e the Qi�entficatiori a Sta� ma elt� a o ceri �o in, acctdter fi cal
numbe�s�of ach a e ed grant eab ,c�, ��fo h('c�sitoln��;e inc�ae�a wandet'ate p�)calton
moay elect to use 10 Form��6�/g. gentles
(� T%n o e. of the, follonia acti ns, with[ -(d)( lend r
rdes�pec�town employee who In S�rCA a &,,Tgmp� w'R Check r- if the State has elected to complete OJP Form
4061[7.
LA Taking p ro�n to rsor�nel ,a03,
{,'on aain)St such n
regCii°�ment o he eaa�il a ne c o ' 3 assamendea once P&A% ---WRNPRYtVIDUALS)
cEfRequiria such em I�,1'� o artici aatemsatisfactoril i a drub As re uir dd b hga pp{� Frei W�ruk�olacce �{ of 1908, and
use as n doerael@'Sf le opO�oca�T�ealthaRa�w en orccement; de?ine�aq�18 f Part 67 ect`'io7ris 8T9?5 andf6.82�tees, as
grieeapVr prate agency;
q' Asa o dition f he gr nt.l rtify at I will not en a e in
(g)Making a ood faith effort to continue to maintain a dru -free the unla u�manu cure, daistrtibuctreQn, d s�t nsina o lS�o
workpia th ugh implementation of paragraphs(a), (b), (6), (d), ruse a�ontro substance in con r ion �actrv'V'oq
(e),and(( . a gran;an
Theo n ee ma insert in the s ace, rovided below the Mite B. If convinced of a criminal drug orense resulting from a
s1 f�[ tlTe Rorm�nce of work agne ini connection with t e violation occurringduring the conduct o any grant activity, I will
eci is gm report the convicton, in ng, within 10 carendar da s of the
conviction,to:De artment of Justice Office of Justice t rams,
Placej of Pe ormance (Street address, city, country, state, zip D C 205 Control Desk, 633 Indiana)Avenue, N.W., Washington,
code1.
As the duly at thorized representative of the applicant,I hereby certify that the applicant will comply with the above certifications.
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1. Granted Name and Address:
City of Fort Worth
2. Applica ion Number and/or Project Name 3. Grantee IRSNendor Number
4. Typed ame and Title of Authorized Representative
Valarie R. Washington, Assistant City Manager
5. Sig atu a 6. Date
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roRTWORTH City of Fort worth
Inter - Office Correspondence
DATE: April 4,2018
FROM: Kristina Ashton
Finance Manager
Fort Worth Police Department
SUBJECT: FY18 HIDTA Dallas Field Division Wester Drug Squad/Group.2 Task Force MOU
Attached is the FY18 State and Local Task Force Agreement for the HIDTA Dallas Field Division Wester Drug Squad
/ Group 2 Task Force between the DEA and Fort Worth Police Department. All city officials had executed the
agreement by November 15th, 2017 and the agreement was then sent to Special Agent Shelley at the DEA. He
executed the agreement on or around November 23rd, 2017. At that time the DEA says they returned two (2)
originals to FWPD, but those originals cannot be located. Moreover,a log noting the movement of the agreement
does not indicate receipt at that time. The Asset Forfeiture Coordinator position was in transition at the time of
this movement.
Please contact Kristina Ashton at 817-392-4224 oir Kristina.Ashton@fortworthtexas.gov for any questions or
concerns.