HomeMy WebLinkAboutContract 51483CTY SECRETARY
2019 State & Local Task Force Agreement PlifWAO._
Dallas Field Division
DFW Airport/Interdiction Task Force
Fort Worth Police Department
This agreement is made this October 16, 2018 , between the United States Department
of Justice, Drug Enforcement Administration (hereinafter "DEA"), and 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 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:
1. The DFW Airport/Interdiction High Intensity Drug Trafficking Task Force (hereinafter
"HIDTA") 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 HIDTA, the FWPD agrees to detail two (2) experienced
officers to the HIDTA 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.
5. To accomplish the objectives of the HIDTA, 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 the FWPD officers assigned to the task force. This support will
include: office space, office supplies travel funds, funds for the purchase of evidencernd
information, investigative equipment, training and Mer support items.
r OFFICIAL. RECORD ,� RECEIVED
CITY SECRETARY OCT 3 1 2018
carr C FT. WORTH, TX 0 CtIY0FF0R?WORT(t a
CnY5ECAERRY y�
9 ��.
6. During the period of assignment to the HIDTA, 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 the officer. HIDTA will, subject to availability of
funds, reimburse the FWPD for overtime payments made by it to the FWPD officers assigned to
the HIDTA for overtime, up to a sum equivalent to 25 percent of the salary of a GS -12, Step 1
(RUS) federal employee, currently $18,343.75, 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 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 officer assigned to HIDTA 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, 2019. 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. HIDTA will be responsible only for obligations
incurred by FWPD during the term of this agreement.
15. By entering into this agreement, neither party waives any immunities or defenses available to
it in statute or the common law.
For the Drug Enforcement Administration:
Clyde E. Shelley, Jr.
Special Agent in Charge
For the Fort Worth Police Department:
Joel F. Fitzgerald, Sr. Ph.D.
Chief of Police
Fort Worth Police Department
Jay Chapa
Assistant City Manager
City of Fort Worth
APPROVED AS TO FORM AND LEGALITY
�c
Matthew A. Murr
Assistant City Attorney ;
" 6 V
ATTESTEZY -_- -� -"
01
Ma J. Ka s
City Secretaryr`.
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.
/Kristina As ton
Finance Manager
Date: C�
Date: /
Date: 1`---.2, l&
Date: lam- zap
Date:
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? OFFICPAL RECORD
Cffl SECRETARY
�'T. WORTH, TX
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 WORkRACE 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. LOBBYINGgec�ion ,z- ju liic (ederal . State . r ocaq a11
io ori tr d on r
As %Gt e t tartr69 f' ^s a telriSn tr� °� leo e N n°�q�eor r �ds, 'makl 9��
Imp% en d b 3 +T��dl d 'f th a U e Eo2�,
�affM, . appear cer�I(�es tat: as e m a 9 p dy
rrCC,, Are of presentl indic� d f or th crimina or civil
((a No F d rell�a nal funds have been aid or will be qld, dlfar ed a over�i ntag n�j�, �ec�eroi t to or ca w
b or on�e�aif tnt ��unce d, to any Rcprson fpr Influet�I ggmt sST anr o�i�ied of�ensAs(enumera�e� u1 paragra�h �1
o alta ng to n uence an car or emp eyee t nY a enc , lol is certification' an
a Mem sr 017 C�ng�ss, an ir�r or employee 0117 Rrrls r r
ane oyyge a a ember opppress In cpnnec on it 'the
mak' pt °f an Federal grant Rtg enter P I o of an �d }lave not within a re (ear nod di g thi ap li tfo
am°�nirent, ogrm0itirption°of an F�10e�era�°git o�rocnnperati[e��i°naPe�fomc°aus�voo�r'd�eiau� an�nsed�eral, sta�e, grriaacao
agreement;
B. Whe the a pct tg unable to �ertify to any of the
stattaeme �s fn tha� [Ion, �re or A shall anal. an
tf en tf ds o �h r than Federal r riot d fund he ben ex Tanaion to this app�ioa %n.
d or �+ilPs8110 o an rson foo �nnPrenan or am m�q
uence an r or ep4o ee an a e a e { pRUG R g yypRK �p
s �m6eh o �,re°r e�i Pe hne °s° re a! eroaerp r n? a ?dAN ? gVAR THAN AIVIDUALS)
Aucs ^jin aga r�dda ce with Its etru issclosure o oabying
pp,ss le eirFd b �I�ec ug Fre17W I o� f 1988,s8as
92FIne� ai l Pert b� e�flons� � d TI��-
(�� n'�ndPn�ISOe3in tL7e av9ar�donalmetltsaidi S�fsuDawards � h pp �o
'I,
r nc u In s gra s n raC Un r r nt a &ug!tree �I p t es that rt will or well continue to provide a
coraera iv ��ree ens n §u�ontr��s� ann ttlgaP aI� suIT
recipients a a ce and �isolose acro ng y.
(aL P bJlshi�nfgf a tlsretat�I pht not'p p e ptoXet�ryeSes pt tsess o tgr
he
isis g
use lamcgo�lli/tD�IBtl. �uDs nce ij� Brill ntei rt Keri an ees
hf�MHUSPEON, AND OTHER worlace to saecif in� ehactliotlo awn �e a against
)TTE employees rw atio o suc pm i lion;
[tVVTT)) carrdde R23g D b I a n -going drug-free awareness program to
�FRut
uspeaar�;� aulred l onal�7.61cr �t2ansa�cUo� 8a§��evPnes�ean ���iThe gers ofdrugs abuse in the workplace;
A. The applicant certifies that it and its principals: r(2) The grantee's policy of maintaining a drug-free workplace;
33) �r ila4fe^dr�uga rnseling, renabartation, and employee
(e Arepot pre qn barced, suspended, p po ed for debar- s s �(i�ro ra n
brr�nt� c1 ctare�d9 mefigj��e, sentencetl to Q penpal o� F derai
ane t$ ny a tate or eyero ca or voluJ pn exdu ad9 from r41 D$j? aaaes iaj mV bVm&os�ej ucepQn employees for drug
covered tranadCttons b an Fadera) Ce artment ora en 8tfuse s o mn9 in a o a ,
Maakngit a re r ment that ea h em so es to en ed I
b�enaconv° edi a a �hraa+ea� edriod ��erced�'an�t�(a8 aQ siieon r�eq�tilired by pera9r�ap ta�rant be given c�py of tie at9a�smen�
r aommi on grra a a cn irta oii'ense"in coni�e 11 n wn�i
0 aining, a ern ng �o o ain, or performing a t th
d� Not>fi�j ttthi, as �i0cd�(eaition ofem �tatem�rit degve9 b4
easlra�oy��wi�- poymen un er a ran
OJP FORM 406116 (3-91) REPLACES OJP FORMS 406112,4062/3 AND 406114 WHICH ARE OBSOLETE
(1)) Abide by the terms of the statemeir
nt and d
Rel Orn five Fnndarloyd�a�rin s a r sucgiurrrodnV�for � a worfcp�ace no
tebeN �n 'isbcea e� 'suaR uan 1.04 KTA acnoey'I101cplender days after
�rn� timer n.
�yc-�njvI ro skoim t o� fP�iceu�n�
Wa in f n eA �icd t o fn Te the �c�enPifficat ori
num�r�s�aY each a eed grant;
A TaPin one. of the, followla� act* ns, within 3A)(RI"ddrr
eceivm not n r su r grp (c ��11
re2ppec� to any ern oyee ew�toys so con
rgeqIiior�meehlu�o hepFiebt/ilei%,e�rro t�iain ,3cew5 Ing $ ended An
ti e
OuRequIrimuchd ru
artia
enTolrrorerm nt;
(g) hl�kl A 9o9d tafplt effort to continue 8 maintain ro'ZI � f��I.
e , nd ( r u h tm fementation of para ra hs (a), )
4 Th ranng ma, inset} In tike apace.Rrovided�elow t 894 s f red a orm ma, o wor one i donne ion wh e
DR of Performance (Street address, city, country, state, zip
Check r tithere are workplace on file that are not identified
ere.
lgisn 67 VOK the ° ab� ;> O s e ° ag"plication9t
MAY e o use orm 4U61 U.
Check r If the
f1 State has elected to complete OJP Form
ROME 499 ApRE 1NDNIDUALS)
� le auir�ddd b pt eCFD�n,�-Frte��W rt�mb1; �1cft of 19B8, and
c�eRne� al �9 aR art 67, �ecboris 6T6 acid ��/. 2 es, as
aie g e rrfmonir Mst 89dl' MY51 c 11 not engag n
on
�n�ioon�94i1yP d [yweh
K convinced o ra�� cr anal d offense resultinfro dna
Ceportc�(�t�et coorinne9p�u i@ng i g IN�WCr�7of—fl f7nda�gendatrda 'or
AT r tN: oG' ttr ? DCGa k g33-(n��ano Avenue of .W!c@ Prof gt7;
ono es tJ W Wasnm
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 Re resentative
Ll
5, Signature 6. Date
City of Fort Worth, Texas
Mayor and Council Communication
- . CQ_1.1NICAL.:,ACTJSJN.:_ A Wjwed-on-9126120-18-.--Ordinance-No.- 23-42'1-9-20,18=_ . ...
DATE: Tuesday, September 25, 2018 REFERENCE NO.: **C-28864
LOG NAME: 35DEADFWTF18
SUBJECT:
Authorize Execution of an Agreement with the United States Department of Justice, Drug Enforcement
Administration, to Continue Participation in the Drug Enforcement Administration Dallas/Fort Worth Airport
Task Force, Authorize Acceptance in an of the Amount Up to $36,084.00 for the Reimbursement of
Overtime Costs 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 Dallas/Fort
Worth Airport Task Force;
2. Authorize the acceptance in an amount up to $36,084.00 for the reimbursement of overtime costs for
two officers assigned to the Task Force; and
3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Grants Operating Other Fund in the amount of $36,084.00, upon execution of the Agreement.
DISCUSSION:
The Fort Worth Police Department had been an active partner in the Drug Enforcement Agency (DEA)
Dallas/Fort Worth Airport Task Force (Task Force) since 1985, and the Police Department would like to
continue participating on the Task Force. In this one-year agreement there are two officers assigned to
the Task Force. The DEA will reimburse the City of Fort Worth for overtime costs, including salary and
benefits, up to the amount of $18,042.00 per officer, per year.
During the period of assignment to the Task Force, the City of Fort Worth will remain responsible for
establishing the salaries and benefits, including additional overtime if necessary, of the officers assigned
to the Task Force.
Indirect costs are not allowable expenses under this agreement.
This Task Force serves ALL COUNCIL DISTRICTS.
This contract will be with a governmental entity, state agency or public institution of higher education: Drug
Enforcement Agency (DEA).
FISCAL INFORMATION / CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendation, receipt of funding, and
Logname: 35DEADFWTF18 Page 1 of 2
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. The Police
Department is responsible for requesting all reimbursements.
FUND IDENTIFIERS (FIDS):
TO
Fund Department ccoun Project JProgram ctivity Budget Reference #moun
ID ID Year (Chartfield 2)
Departmentccoun Project JProg
I 1A ID
Budget I Reference #mou
Year I (Chartfield 2)
CERTIFICATIONS:
Submitted for City Manager's Office by: Jay Chapa (5804)
Originating Department Head: Joel F. Fizgerald (4231)
Additional Information Contact: Kristina Ashton (4224)
ATTACHMENTS
1. 35DEADFWTF18 AO18.doc (Public)
Logname: 35DEADFWTF18 Page 2 of 2