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HomeMy WebLinkAboutContract 51617 b CITY SECRETARY CONTRACT NO. S 2019 State & Local Task Force Agreement — Program Funded ' Dallas Field Division Fort Worth Police De artment/Cit of Fort Worth G0S�oe, P Y Fort Worth Multi-Agency Task Force This agreement is made this Pt day of October, 2018, between the United States Department of Justice, Drug Enforcement Administration(hereinafter "DEA"), and City of Fort Worth (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 Fort Worth Multi-Agency 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 Fort Worth Multi-Agency Task Force,the FWPD agrees to detail five (5)experienced officers to the Task Force for a period of not less than two years. During this period of assignment, the five 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 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 U.S.C. Section 878. 5. To accomplish the objectives of the Fort Worth Multi-Agency Task Force, DEA will assign (5) Special Agents to the Task Force. DEA 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 five 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. fJFFIUA� RECORD CITY SECRETARY ET. WORTH,TX 6. During the period of assignment to the Fort Worth Multi-Agency Task Force,the FWPD will remain responsible for establishing the salary and benefits, including overtime, of the 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 officers assigned to the Fort Worth Multi-Agency 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." The salary for one clerical support will also be reimbursed to the FWPD in an amount not to exceed $32,264,which is based on a GS-06 Step 1,taken from the 2018 General Schedule(Base),without locality pay. 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 October 1, 2018 until September 30, 2019. This agreement may be terminated by either party 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. 2 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. Shelley, Jr. Special Agent in Charge For the City of Fort Worth/Fort Worth Police Department v. Date: Joel. F. Fitzgerald, Sr. Ph.D. Chief of Police Fort Worth Police Department _ Date. _ Jay Chapa Assistant City Manager City of Fort Worth APPROVED AS TO FORM AND LEGALITY 4�e / Date: tc)_Z ` Matthew A. Murray Assistant City Attorney �' E ATTESTED BY: Date: rC ary J. r City Secretary M&C: C-4944 jpQqW OFFICIAL RECORD PdACITY SECRETARY1295:_ ._____� FT. WORTH,TX 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. ' Date: istina Ashton Finance Manager 4 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 12/4/2018 -Ordinance No.23487-12-2018 DATE: Tuesday,December 4, 2018 REFERENCE NO.: **C-28944 LOG NAME: 35FYI9DEAMULTI-AGENCYTF SUBJECT: Authorize Execution of Agreement with the United States Department of Justice,Drug Enforcement Administration to Participate in the Drug Enforcement Administration Fort Worth Multi-Agency Task Force,Authorize Acceptance of Reimbursement Funds in an Amount of$123,982.75 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 participate in the Drug Enforcement Administration Fort Worth Multi-Agency Task Force; 2. Authorize the acceptance of reimbursement funds in an amount of $123,982.75; and 3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grants Operating Other Fund in an amount of$123,982.75,upon execution of the Agreement. DISCUSSION: The Fort Worth Police Department has been an active partner in the Drug Enforcement Administration(DEA)Fort Worth Multi-Agency Task Force (Task Force) since its creation in 1985. Officers assigned to the Task Force perform activities designed to disrupt illicit drug trafficking in the Tarrant County area. The duties of the Task Force include gathering and reporting intelligence data related to trafficking narcotics and dangerous drugs,conducting undercover operations and engaging in other traditional methods of investigations. Currently there are five officers assigned to the Task Force. Each officer must be detailed to the Task Force for a period of not less than two years. Pursuant to the Agreement,the DEA will reimburse the City of Fort Worth up to $18,343.75 per officer for the officers' overtime expenses. Additionally,the Agreement reimburses the City of Fort Worth in an amount not to exceed$32,264.00 for a portion of one clerical employee's salary for performing administrative tasks related to the Task Force. Indirect costs are not eligible for reimbursement. The City of Fort Worth is not required to provide matching funds. 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. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that,upon approval of the above recommendations, execution of the Agreement, and adoption of the attached appropriation ordinance, funds will be available in the Grants Operating Other Fund. The Police Department is responsible for the collection and deposit of funds due to the City. This is a reimbursement agreement. The Police Department is responsible for requesting all reimbursements. FUND IDENTIFIERS IFIDsL TO Department Account Project Program Activity Budget Reference# Amount Fund ID ID year (Chartfield 2) FROM Department Account Project Program Activity Budget Reference# Amount Fund ID ID year (Chartfield 2) CERTIFICATIONS: Submitted for City Manager's Office by: Jay Chapa (5804) Originating Department Head: Joel F.Fitzgerald (4140) Additional Information Contact: Blessed Tsada (4217) ATTACHMENTS 1. 35FY19DEAMULTI-AGENCYTF 21003 AO19.docx (Public)