HomeMy WebLinkAboutContract 51619 ' CITY SECRETARY
CONTRACT NO.
2019 State & Local Task Force Agreement - TDS
Foy �oPy Dallas Field Division
Fort Worth Police Department
This agreement is made this 1St day of October, 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 controlled substance pharmaceuticals and/or
listed chemicals exists in the Fort Worth 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 Tactical Diversion Task Force will perform the activities and duties
described below:
a. Investigate, disrupt and dismantle individuals and/or organizations involved in
diversion schemes (e.g., "doctor shopping", prescription forgery, and prevalent retail-level
violators) of controlled pharmaceuticals and/or listed chemicals in the Tarrant County area;
b. Investigate, gather and report intelligence data relating to trafficking of controlled
pharmaceuticals and/or listed chemicals; 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 Tactical Diversion Task Force, the FWPD
agrees to detail one (1) experienced officers to the Fort Worth Tactical Diversion 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 a DEA supervisory Special Agent 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 Tactical Diversion Task Force, DEA will
assign two (2) Special Agents and one(1) Diversion Investigators to the Task Force. DEA will
also, subject to the availability of annual Diversion Control Fee Account (DCFA) funds or any
vW inumg resolution thereof, provide necessary funds, vehicles, and equipment to support the
viges of the DEA Special Agents and FWPD officers assigned to the Task Force. This
a�^�uppbrt�'ill include: vehicles, office space, office supplies, travel funds, funds for tft-pa&asc -
nce and information, investigative equipment, training, and other support it�e VAL RECORD
i SECRETARY
` WORTH T
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available DCFA funds permit. Task Force officers must record their work hours via DEA's
activity reporting system.
6. During the period of assignment to the Fort Worth Tactical Diversion Task Force,the FWPD
will be 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 agency/department for overtime payments made by it to
FWPD officers assigned to the Fort Worth Tactical Diversion 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
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 ON 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.
r
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:
1
• Date: %
Clyde E. Shelley, 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: G
Jay Chapa
Assistant City Manager
City of Fort Worth
APPROVED AS TO FORM AND LEGALITY
Date: ��r3
Matthew A. Murra
Assistant City Attorney
ATTESTED BY:
Date:G
Mary J. Ka r AS
City Secretary
M&C: -a (o
1295:, N-ftOFFICIAL.RECORD
CITY SECRETARY
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
OFNCIA,�, RECUR®
CITY SECRETARY
FT. WORTH,TX
U.S.DEPARTMENT OF JUSTICE
+ j OFFICE OF JUSTICE PROGRAMS
OFFICE OF THE COMPTROLLER
CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION AND
OTHER RESPONSIBILITY 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,�Jic(Federal.State. r ,Dian tra a [o or tr d unci rqq15tranacti . Sogtipfatiov44�va�� unErerus�lmp�er�ilie`rieddbe P ftq!�tle 31 of the U.S.. Ctode. aann� to urevs or c�atmioa`oir°nd st�ucteon o recacds, mi3kin°"�al�er aPlroere met v 'SttS�Brd�,nas ae�Inenlat°2�LFR sternbnts,or receiving stolen property, g
fF.Roenfe appeaanet cer�l�set !
cl Are of present, indict d f r or th nx criminally or civil
{a)No F deraj ap ropriate funds have been paid or will be paid, �ifar edr}i a over�i ntael n it eeeere� t to or Uo"IRM
by or on ehaK q It 1: underslg�,ed,to any�erson for influenan ��qqm [o�i an�r o �ie of�ensEs(enumera ed tri paragra�h�1}
o atte p[n to influence an o�car or amp oyee of any agent,j, lot 0 1s ce Ica on;and
a Mem er o C�ng ss, an offih r or employee of Congrg s, 6
an eJn oyyge o a mber of�ongqress [n connection wd the three-year
makin� 6f any Federal grant the anter�rrg [pto of any (d on ��tmo a ubl ra�(Sa� "°s preeda�g thi aprliclaotcaa�
co°�erative agreerr�e t, and exfensior� con in ation, renewal, ermina a for cause or eau .en tr 5ta e, r
am ndment, or mo ,cation of any Federal grant or cooperative
agreement;
13. Whe the a pli i ,unable to rtify to an f the
statpmepts m W c�rr A. on, he or cs�ie shall aldach an
b if an ff ds o her than Federal r riated fund hay .ben exp ana ton to this apppiic ion.
Y n euil�se grid to an�e�o ee fo��n ei ancenq�or a amp nyefct
uence an ° r or e a e e o
re a icer ore �o ee o?Con re o eTa ,ger,
a�ambeF o`� on res r co ne on Is eaerno DRUG pR yyoRKp�p
co �araU aere n�n1 the t�r��ersl�es s al corgyn9 ?GRANTEESoEgAR THAN I%IVIDUALS)
�u�vr�ies, �n accordane witli its[n�tructionsosure oo b m ct
tgimn le air d b ar u$$Fre�7W�al�lace�`for f 19A8,saas
(1c) k� u de�ine�a� Pert 6T Sections 6x.61 and W.6 V.
titical+on b"dln` ` �e�ine`g au9u'r`�docmertsa'o`��I�augawards`�a q g
all ler [ne u [n s ran s on vac un r r nt a iu vee Ir ace hes that 1t will or watt continue to provide a
c o a erasthr �pree yens n �uccontrs s� ane tl?a alb sua-
recl [ants sha ce antiisclose actor ng y.
ta�laP b i mma a urselat Ise titian pisp �5em t°�eesesslot t 9s�
rvT" ION AND OTH>~R Uwo,,� ice Bcn�I5g11eci I s Otis srTn�atnw1j 1 tapeRragaeest
�tTy emplgyees for v[olat[o 04 such proMition;
PIENT) b t to 1 l a n o[n dru -tree awareness program to
as Pre uiredr�b rYecutivamene aO�rd r 1 5 barment vd t'omi er �l�syr s a SuV g g p g
�FR aartn�i el ar 7�7Fed"traanssaFcti ns,6a§eeeeinedaf 2g
(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;
a Are n° (�3a ApA available drug c8unseling, rehabilitation, and employee
( ) tt present, debarred, sus nded, propos d far debar- s[s ce programs; n
eant d clared ine}i P0 le, s ntencrQde to a l�enia� of F deral
eneAts ty a State obey era�y ou or voluntparily excludedgero y' O�The Pgraalties that may.bphimwposepc�upon employees for drug
covered transactions b an ederal depa ment or a enc use v o a ons occurrin in e o a ,
tt Making it a re rt�sent t at each em to ee top en ed i
b�emmvA°toan o{{erahr�acrrtaroffeece eedn� nAgec4to{vtivei req paragraph�a�ran be green �cnpy of tfeie st9aeemenr}
Detaining,a�emA l p,aB4ain,or performing a th
d� Notif�+i a tthe asm�IcoYie�tion of emp�oymenenundrergteie gran
ra ra 1 flit
e e�n�oy c w[s-'
OJP FORM 406116(3-91)REPLACES OJP FORMS 4061/2,4G6213 AND 4061/4 WHICH ARE OBSOLETE.
0
(1)Abide by the terms of the statement;and qt
�a�'rl an°ve ca�e�nndard�aye in s aFfe�asuc�i conv�� a workp�acz°no
e NotifyIn the a e i writin ith lendar days after
��nrloce U�t��asu� raanpm. �)� rorr�an er>zo ee Check f there are workplace on file that are not identified
�° is rerece v� aa',��u�a 6o3tyic Yp o , uIt c cogvi n. ect� ere.
W D Cvl r Not Z na l irn (a a �c�enflfi tion a Stan 67 6330�f the r ulations�h[ov'des.that a�g�an�ee l et i1
numets�oT each a ectad grant; �o ab eAa an�O h)',c�i so°�a e inc °a watndQfate p�gene
may Bete& use JP orm � ��.
91 sIn� one. of
thenot.follo wiagr a tiSris, withi% 3A)(51,
peat.any emotoyee wwmor}s so conw�teTp `)' Check r if the State has elected to complete OJP Form
4061!7.
eq�f1 eking ap ro rito (; Iso nal .action a aint such n �R C�)�g wORI� t;E IVIDUALS)
iir°�men�sPoheae�acblga�� ec ofje13 asIt ended orae GRUA t WHO AP NL1
Luu squirig such em es a ed°e a1 a articipate agtaoP0 o8W ea ha�a�w en o cement, �e�inaru As �ea}�e f ar eG�iorls rQ�ga'Ocerid �2 de's and
br other appropriate agency,
L
p�a o dition f he g I rtify at I will not engage in
( )Making a good faitf7 effort to continue to maintain a rug-free the anlar�r u1rmaonnU c ure �isVibu iAn, is$p n a%posssor
y�Qrkplacg through implementation of paragraphs(a), (b�, (b), (d), eugran�;aneontro a sribstance m con i ion Y actw� w�
e and(r)
The rante ma inse In t e pace. rovided below the ite B. If convinced of a criminal dugg offense resulting.from
jgs f% tltge p orm�nce of wo sone ig connection with Mme violation oecurnit9 during criminal condruq of nY rant a��wty, II wi�l
ea is gra report the conwc con, in w ir�g, Wiih�n 1 ca radar da of the
G�nvi�tcon,to:pe artment o ystice Office o u�ticg.P pgrams,
Plage of Performance (Street address, city, country, state, zip RIC�0531ntrol Desk, 633Indiana Avenue, .W Wasttmgton,
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 IRS/Vendor Number
4. Typed Name and Title of Authorized Representative
5. Signature 6. Rate
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 12/4/2018 -Ordinance No. 23489-12-2018
DATE: Tuesday,December 4, 2018 REFERENCE NO.: **C-28946
LOG NAME: 35FY2019DEATACDIV
SUBJECT:
Authorize Execution of Agreement with the United States Department of
Justice,Drug Enforcement Administration, to Participate in the Drug
Enforcement Administration Tactical Diversion Group Task Force,Authorize
Acceptance of Reimbursement Funds in an Amount of$18,343.75,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 Agreement with the United States Department
of Justice,Drug Enforcement Administration,to participate in the Drug
Enforcement Administration Tactical Diversion Group Task Force;
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 of reimbursement funds in an amount of
$18,343.75; and
4. Adopt the attached ordinance increasing estimated receipts and
appropriations in the Grants Operating Other Fund in an amount of
$18,343.75 upon execution of the Agreement.
DISCUSSION:
The Fort Worth Police Department has had an ongoing working relationship
with the Drug Enforcement Administration(DEA) for the past several years
and is looking to be part of the DEA Tactical Diversion Group Task Force
(Task Force). The Fort Worth Police officer assigned to this Task Force
will perform activities and duties such as investigating individuals and/or
organizations involved in diversionary schemes,investigating and reporting
intelligence data relating to trafficking of controlled pharmaceuticals,
conducting undercover operations, and engaging in other traditional methods
of investigations.
There will be one officer assigned to the Task Force.Pursuant to the
agreement,the DEA will reimburse the City of Fort Worth for the officer's
overtime expenses. Indirect costs are not eligible for reimbursement.No
matching funds are required.
This Grant 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
recommendation, receipt of funding, and 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 reimbursement.
FUND IDENTIFIERS (FIDS):
LQ
Department Account Project Program Activity Budget Reference# Amount
Fund ID ID year (Chartfield 2)
EEDIM
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 (423 1)
Additional Information Contact: Blessed Tsada (4217)
ATTACHMENTS
1. 35FY2019DEATACDIV 21003 A019.docx (PUbiie)