HomeMy WebLinkAboutContract 51615 CITY SECRETARY
CONTRACT NO..,-5-1 . 5
2019 State & Local Task Force Agreement - HIDTA
Dallas Field Division
HIDTA Group 2
City of Fort Worth
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 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 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 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 ten(10) experienced
officer(s)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. 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 FWPD officers assigned to the task force. This support will
RF include: office space, office supplies travel funds,funds for the purchase of evideaa -w — -
Coimation, investigative equipment,training and other support items.
OFFICIAL REr =10
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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 them. HIDTA will, subject to availability of funds,
reimburse the FWPD for overtime payments made by it to the FWPD officers assigned to the
HIDTA 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$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
- �1nitea-States Department of Tstice, e Comptzoller Genera of th—e 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
proj ect.
13. The term of this agreement shall be effective from October 1,2018 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.
14. 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:
Date:
Clyde E. Aetre-�y, jL���
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. Z
Jay Cha-pa
Assistant City Manager
City of Fort Worth
APPROVED AS TO FORM AND LEGALITY
Date: lo-ZQ
Matthew A. Murray'
Assistant City Attorney
Off^
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ATTE0
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Date:
M J.Kay "
City Secretary
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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 WOR6LACE 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,(is(Federal.Sust
tate. r oval) a o or trd un r
Asp uir d b �aiT�tle 31 of the ee tD n' !lode, aAnn � uee (ofsificCOai 0�9"d�s�iu [a,?
r� s,-ineaking° alsryd
Im �er°�r�eennd B r e t
Alt as�eine�J at°2� FR s�arf��nte,or receiving stolen property;
Dare,me app��arcer�d�es t�t�t:
PrC,Are of present! indi d f or th criminal or CIO
((a No F d rell a riat fupds have been aid o will be p61d, �tfa ed a over�i n eel n��ty serge t to or ca w
b�or on e�raN t tt IT T1 d,to any��tson�Qr EnflueriI �gmot ss�d�i�ice o fed of�enses(enumer ec�iri paragra�h 1
or alta C ngg to n uence an car or emp oyes ogrnk, en l°1 �s ce ice on;an
a Mem er oT C ng ss, an r r or employee of �o � b �oni'thakpin scan Fe era ggf�nt [trg enteri'ca of an (d��Iavge n�t within a �g-Y7ar �od pre�cedinlg hi�ap liTtio
am°�ndm�enegt,o7 mo 1catio 0o f any sto ra�°gr"ntt or gbopera five {{''erm ne a amc°au or'eKu t en ns Ir era, a e, gr aca�
agreement;
$. Whe the a calf Ig una le to CeTIfy to a"W f the
statame �s fn th [Ion, a or she shall aRa� an
�gg anv(f ds oth r than Federal r nat d fund hav ,ben exp ona�onto this app�(ca tion.wilt o toto an rson foOani
��enr�n ora�m In?
nce an oar or e �o eea e a ei a o
ME 1,0 Con re°f e�"co no �oo
Is° e�ora rano pR yypRK �pCE
coF&T89 re �he erslshako nt� ��RANTEESHER TAN INDIVIDUALS)
: '?n acco�da�nce with its �tru sosure o� o�by�ng
� re uireeddd b ��}��h$eCDru re W r I ` of 19 8, and
dibQHe�a�gZB FK PeitR _P1 edlons�e 1S'and 5�5' as
E,'j,1 e red i ed s ,rewgauire tnaut then la u ue f this cer-
'll° a°fs [rnPclu��n dg Is bgfantea ntrmac`g�u°ind�fa'u9ganrasrde al �Ng�h�a gri�tcerpmr,es that rt will or well continue to provide a
coq era Pb Qreeyen n0 §u conttrraac[s1 an� irra�all sue- t ley:
recipients a a�`ce end�isdose eccordingly.
La P imin a stat t na fn a toIsessios that the
��la�„.��#V mar�ufa ufe ��is �Sution Isl n�� . r� qr
ION,AND OTHER worl�7ace �Sf05��cifX�in9 �actiRt��rina wiii fire �ce�agains
� +� N emp yeas r w at�o oT suc pro i rbon;
NOT!
PINT) n ankro Wpp s 9bSu,going orug-tree awareness program to
�FR OT!� IEon r 4traemen n ons, ail �ePVecuh ne eaffl
(t)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;
(a} i rgtlab�drugs c8unseting, rehabsRation, and employee
a Ara o pre qn de barred, sus nded,Q pr o d tar debar- s s Pro ms, n
�nt d"g�ar��me igjple, sprttenc�d� to I �pn�a�( o4 Ffldoral
enehis a tate or radars ce or valun ar exdu ed from Th ales�ha�ma�.bmim orec�ucepgn employees for drug
covered t�ansactrons by any Federal depa ent or agency; u�useP4�0? o mn m e 8Np a ,
(,1 k�ifdis m MaonIt a rer mart t at ea em to ee en ed Ifb�reoomm4�ono �rafi$rf acrnsa fn��n�ec4t�o4i ant" A�ire'db�yanti� Qran 6e g van c�py of �iest9a��men�
o�ta., n a�femp�ng tuo o�aln,oming a �v t 7�
d�raNr°a-h� ttth�, em 'a of emptymen�under regran
e e�n�oy��wi�-
OJP FORM 406116(3-91)REPLACES OJP FORMS 406112,406213 AND 406114 WHICH ARE OBSOLETE.
(1)Abide by the terms of the statemenir
t and ct
r eFan five ca7e4ndard�a�in s r�r succiur prior a workp�ace no
((e Hat 1n the a e i writin th lendar da s after
re i�r�n r�Ucea�� 'su, 94 �r�rcr�a�rvY� q�n. Check f- UM re are workplace on file that are not identified
�ron o er �c ml a ro e(eo must rovlc a oticebin
. 001
n�la�a�v��r nPEtfi� �n&7 6�0 f the r ulatlonsoov es that nee t i
num-Eienr��of each a er3ed grerif a nue �a Hb�a a iis or�a Incc °�a wlda� ap�9�onn
may electUse UJP Form 4061
es
91 Tak�ngreone. of the.followia� adi$ns, within 3g)( lend ►
res�peato anyIveinolonot w`% In so�nvi -grail �`°a Check r N the State hes elected to complete OJP Form
yee40611U.
eqV eking a ro orf rso nel ,a ion a ain t s,,u,,�� n yypgK �pC�
�ii°r,meehr�oh�Relin&l �r}� c103cs s�erideroe � � WHO APRE 1NDNIDUALS)
use rimuch em� a�edeiale �el-teoorilog %e %h glwr on arcoar satisfact en"t; �811F a ea���28 ar edo e bT���andtn5 2�tee's as
or other appropriate agency,
p qs a ditlon f e g r�L l rt. at I II not en a e in
(g),M1kiin good falth effort to continue to maln in a ru -free t�+e unla uurmar, U, c,f re starnibu In d�sns�n�_poss�Var�
F(
rkp nd ug implementation of paragraphs(I (bI,(�),(d), ge ge,nj;anp o substance n oort an Y adwc w6
Thrants ma insert in�,e ace, rovided Blow the its Ir convinc d o} cr final d oryense resulting,fro
s fcreti�eer�ormance of work opOne iR connection witfr tie Mt;,nTro?Wer63sofn'�a�tnica'oAv�enu-e,000!%NggatTA:
occur dur�ng Uj�condyc of ny rant a ,�wifi
a e 9re repoa eon on, n In tulip n 1 to ndar ��vyss o the
,t : a on ffice o �stic�P rams,
p� of Performance Street address, , country, state, zipue, w., washmgton,
9W ( D.C.20531.
As the duty 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
5, Signature 6. Date
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 Ashton //�zai ,cga�lterL
Name of Employee/Signature
Finance Manager
Title
This form is N/A as No City Funds are associated with this Contract
Printed Name Signature
CITY SECRETAR;
FT. WORTH,TX
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 12/4/2018 -Ordinance No. 23490-12-2018
DATE: Tuesday,December 4, 2018 REFERENCE NO.: **C-28947
LOG NAME: 35FY2019HIDTA WESTERN DRUG SQUAD GROUP 2
SUBJECT:
Authorize Execution of Agreement with the United States Department of
Justice,Drug Enforcement Administration for Reimbursement of Overtime
Costs in an Amount Up to $183,437.50 for Participation in the Texoma High
Intensity Drug Trafficking Areas Western Drug Squad/Group 2 Task Force for
Fiscal Year 2019,Authorize Execution of Asset Forfeiture Sharing Agreement
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 for participation in the Texoma High Intensity Drug
Trafficking Areas Western Drug Squad/Group 2 for Fiscal Year 2019;
2. Authorize the execution of an Asset Forfeiture Sharing Agreement
governing the Task Force's equitable sharing requests and participation in
the United States Department of Justice Equitable Sharing Program;
3. Authorize the acceptance in an amount up to $183,437.50 for the
reimbursement of overtime costs for ten officers assigned to the Texoma
High Intensity Drug Trafficking Areas Western Drug Squad/Group 2 Task
Force; and
4. Adopt the attached appropriation ordinance increasing estimated
receipts and appropriations in the Grants Operating Other Fund in an amount
of$183,437.50,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 Texoma High Intensity Drug Trafficking Areas (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 in both State and federal courts.
The Fort Worth Police Department currently will assign ten officers to the
HIDTA Western Drug Squad Task Force. The City of Fort Worth will be
reimbursed by the DEA for overtime expenses related to the department's
participation in the task force in an amount not to exceed
$183,437.50. Benefits such as retirement,FICA and other expenses are not
reimbursable. No matching funds are required. This is a reimbursement
agreement and indirect costs are prohibited.
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 Administration(DEA).
FISCAL INFORMATION/CERTIFICATION:
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 Operating Federal
Fund. This is a reimbursement grant. The Police Department is responsible
for requesting all reimbursements.
FUND IDENTIFIERS (FIDS):
TO
Department Account Project Program Activity Budget Reference Amount
#
Fund ID ID Year (Chartfield 2)
FROM
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year (Chartfield 2)
CERTIFICATIONS:
Submitted for City Manager's Office by: Jay Chapa (5804)
Originating Department Head: Joel F. Fitzgerald (423 1)
Additional Information Contact: Blessed Tsada (4217)
ATTACHMENTS
1. 35FY2019HIDTA WESTERN DRUG SQUAD GROUP2 21001 A019.docx (Public)