HomeMy WebLinkAboutContract 36521CON RACT No / J
DALLAS DIVISION/FORT WORTH MULTI -AGENCY TASK FORCE AGREEMENT
This agreement is made this I day of October 2007, between the United States Department of
Justice, Drug Enforcement Administration (hereinafter "DEA"), and the City of Fort Worth, in
Tarrant County, Texas (hereinafter CITY).
WHEREAS there is evidence that trafficking in narcotics and dangerous drugs exists in the Fort
Worth, Tarrant County area and that such illegal activity has a substantial and detrimental effect
on the health and general welfare of the people of the Fort Worth, Tarrant County area, 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 Fort Worth, 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 CITY agrees to
detail five experienced officers and one clerical support person to the Task Force for a period of
not less than two years. During this period of assignment, the officers will be under the direct
supervision and control of DEA supervisory personnel assigned to the Task Force.
3. The CITY 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 CITY Officers assigned to the Task Force shall be deputized as Task Force Officers of
DEA pursuant to 21 U.S.C. 878.
5. To accomplish the objectives of the Task Force, DEA will assign the appropriate number of
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 the state and local 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 Fort Worth Multi�Agency Task Force, the CITY 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 CITY for overtime payments made by it to the CITY for the
assigned officers to the Task Force for overtime, up to a sum equivalent to 25 percent of the
salary of a GS42, step 1, (RUS) Federal employee (currently $15,854.25 per year, $3,963.56 per
quarter) per officer. In addition, the City of Fort Worth will be reimbursed for salary and fringe
benefits for one clerical support in the amount not to exceed $41,000.00,
7. In no event will the CITY charge any indirect cost rate to DEA for the administration or
implementation of this agreement.
8. The CITY 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 CITY 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 CITY shall maintain all such
reports and records until all audits and examinations are completed and resolved, or for a period
of three (3) years after termination of this agreement, whichever is sooner.
10. The CITY shall comply with Title VI of the Civil Rights Act of 1964, Section 504 of the
Rehabilitation Act of 1973, the Americans with Disabilities Act, 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 CITY 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 CITY acknowledges
that this agreement will not take effect and no Federal funds will be awarded to the CITY 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
CITY 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 from the date of signature by representatives of both
parties to September 30, 2008. This agreement may be terminated by either party on thirty days'
advance written notice. Billings 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 the CITY during the term of this agreement.
FOR THE DRUG ENFORCEMENT ADMINISTRATION:
Date:
jz-c�k
FOR THE CITY OF FORT WORTH TEXAS:
Date:
Joe Pia
Assistant
ATTEST:
Attorney
APPROVED AS TO FORM AND LEGALITY:
Date: I Z - i9-2oo -�
Karen Anderson
Senior Assistant City Attorney
M&C C-22584
Contract Authorization
.tarty Hendrix � �---
%ity Sy� ceretar
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 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
As required by Section 1352, Title 31 of the U.S. Code, and
implemented at 28 CFR Part 69, for persons entering into a
grant or cooperative agreement over $100,000, as defined at
28 CFR Part 69, the applicant certifies that:
(a). No Federal appropriate funds have been paid or will be
paid, by or on behalf of the undersigned, to any person for in-
fluencing or attempting to influence an officer or employee of
any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in con-
nection with the making of any Federal grant, the entering into
of any cooperative agreement, and extension, continuation,
renewal, amendment, or modification of any Federal grant or
cooperative agreement;
If any funds other than Federal appropriated funds have
n paid or will be paid to any person for influencing or at-
pting to influence an officer or employee of any agency, a
nber of Congress, an officer or employee of Congress, or
;mployee of a Member of Congress in connection with this
eral grant or cooperative agreement, the undersigned shall
plete and submit Standard Form - LLL, "Disclosure of
Dying Activities," in accordance with its instructions;
(c) The undersigned shall require that the language of this cer-
tification be included in the award documents for all subawards
at all tiers (including subgrants, contracts under grants and
cooperative agreements, and subcontracts) and that all sub -
recipients shalt certify and disclose accordingly.
RESPONSIBILNTI� SUSPENSION, AND OTHER
(DIRECT RECIPIENT)
As required by Executive Order 12549, Debar
ment and
Suspension, and implemented at 28 CFR Pionsrt 67, for prospec-
tive participants in prima covered transact, as defined at
28 CFR Part 67, Section 67,510-
A. The applicant certifies that it and its principals:
(a) Are not presently. debarred, suspended, proposed for debar-
ment, declared ineligible sentenced to a dernal of Federal
benefits by a State or federal court, or voluntarily excluded
from covered transactions by any Federal department
or agency;
(b) Have not within athree-year period preceding this applica-
tion been convicted of or had a civil judgment rendered against
them for commission of fraud or a criminal offense in connec-
tion with obtaining, attempting to obtain, or performing a
public (Federal State,. or local) transaction or contract under a
public transaction; violation of Federal or State antitrust
statutes or commission of embezzlement, theft forgery,
bribery, falsification or destruction of records, making false
statements, or receiving stolen property;
(c). Are not presently indicted for or otherwise criminally or
civil) charged by a governmental entit (Federal, State, or
locaf� with commission of any of the offenses enumerated in
paragraph (1)(b) of this certification; and
(d) Have not within athree-year period preceding this applica-
tion had one or more public transactions (Federal, State, or
local) terminated for cause or default; and
B. Where the applicant is unable to certify to any of the
statements in this certification, he or she shall attach an
explanation to this application.
3. DRUG -FREE WORKPLACE
(GRANTEES OTHER THAN INDIVIDUALS)
As required by the Drug Free Workplace Act of 1988, and
implemented at 28 CFR Part 67, _ Subpart F, for grantees, as
defined at 28 CFR Part 67 Sections 67.615 and 67.620-
A. The applicant certifies that it will or will continue to provide
a drug -free workplace by:
(a) Publishing a statement notifying employees that the
unlawful manufacture, distribution, dispensing, possession, or
use of a controlled substance is prohibited in the grantee's
workplace and specifying the actions that will be taken against
employees for violation of such prohibition;
(b) Establishing an on -going drug -free awareness program to
inform employees about-
(1) The dangers of drugs abuse in the workplace;
(2) The grantee's policy of maintaininga drug -free workplace;
(3) Any available drug counseling, rehabilitation, and employee
assistance programs; and
(4) The penalties that may, be imposed upon employees for
drug abuse violations occurring in the workplace;
(c) Making it a requirement that each employee to be engaged
in the performance of the grant be given a copy of the state-
ment required by paragraph (a);
(d) Notifyin the employee in the statement required by
paragraph ?a) that, as a condition of employment under the
grant, the employee wilk
OJP FORM 4061/6 (3-91) REPLACES OJP FORMS 4061/2, 4062/3 AND 4061/4 WHICH ARE OBSOLETE.
(1) Abide by the terms of the statement; and
(2) Notify the employer in writing of his or her conviction for a
violation of a criminal drug statute occurring in the workplace
no later than five calendar days after such conviction;
Notifying the agency, in writing, within 10 calendar days
r receiving notice under subparagraph (d)(2) from an
�loyee or otherwise receiving actual notice off such convic-
Employers of convicted employees must provide notice
ading position title, to: Department of Justice, Office of
ice Programs, ATTN: Control Desk, 633 Indiana Avenue,
l., Washington D.C. 20531. Notice shall include the iden-
�tion number(sj of each affected grant;
(f) Taking one of the following actions, within 30 calendar
days of receiving notice under subparagraph (d)(2), with
respect to any employee who is so convicted-
(1) Taking appropriate personnel action against such an
employee, up io and including termination, consistent with the
requirements of the Rehabilitation Act of 1973, as amended; or
(2) Requiring such employee toparticipate satisfactorily in a
drug abuse assistance or rehabilitation program approved for
such purposes by a Federal, State, or local health, law enforce-
ment, or other appropriate agency;
(g) Making a good faith effort to continue to maintain adru -
ree work lace through implementation of paragraphs (a), (b�,
(c), (d), (e), and (f).
B. The grantee may insert in the space provided below the
site(s) for the performance of work done in connection with
the specific grant:
Place of Performance (Street address, city, country, state, zip
code)
Check ❑ if there are workplace on file that are not identified
here.
Section 67, 630 of the regulations provides that a grantee that
is a State may elect to make one certification in each Federal
fiscal year. A copy of which should be included with each ap-
plication for Department of Justice funding. States and State
agencies may elect to use OJP Form 4061/7.
Check ❑ if the State has elected to complete OJP Form
1170
DRUG -FREE WORKPLACE
(GRANTEES WHO ARE INDIVIDUALS)
Asp required by the Drugg Free• Workp67, pplace Act offgart 1988, and
defined at28 CFR Part 67PSections 67..615 n,dfor 67.620 antees, as
A. As a condition of the grant , I certify that I will not engage
in the unlawful manufacture, distribution, dispensing, posses-
sion, or use of a controlled substance in condition any
activity with the grant; and
B. If convinced of a criminal drug offense resulting from a
violation occurring during the conduct of any grant activity) I
will report theconviction, in writing, within y0 calendar days
of the conviction, to: Department of Justice, Office of Justice
Programs, ATTN: Control Desk, 633 Indiana Avenue, N.W.,
Washington, 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:
For-t crr-th--Ro- 3 cc e- Depatmen-t=
350 W. Belknap Street
Fort Worth, Texas 76102
2. Application Number and/or Project Name
4. Typed Name and Title of Authorized Representative
3. Grantee IRS/Vendor Number
5. Sipnat,><ire �/y 6. Date
Page 1 of 2
City of Fort Worth, Texas
Mayor and Council Communication
DATE: Tuesday, December 18, 2007
LOG NAME: 35DEAREIM08 REFERENCE NO.: **C-22584
SUBJECT:
Ratify Expenditures by the Police Department and Ratify the Exercising of Two Agreements with the
U.S. Department of Justice, Drug Enforcement Administration to Continue Operation of the DEA
Multi -Agency Task Force and the DEA Dallas/Fort Worth Airport Task Force
RECOMMENDATION:
It is recommended that the City Council to ratify expenditures incurred by the Police Department in
providing overtime under two agreements with the Drug Enforcement Agency, one for aMulti-Agency Task
Force and a second agreement for a Drug Enforcement Administration Dallas/Fort Worth Airport Task
Force.
DISCUSSION:
The Fort Worth Police Department has been an active partner in the Drug Enforcement Administration
(DEA)/Multi-Agency Task Force and the DEA Dallas/Fort Worth Airport Task Force since the creation of the
task forces in 1985. In previous years, the DEA extended the agreements by addendum but due to revised
operating guidelines, new agreements were developed for future years. Since the previous agreements
expired September 30, 2007, and new agreements had to be established, ratification of the actions up to
this time is necessary. The Police Department has eight officers and one sergeant assigned to the unit and
is reimbursed for overtime costs (including salary and benefits) up to $15,854.25 per officer, per year. In
addition, all clerical costs associated with the program will be reimbursed to the City in an amount not to
exceed $41, 000.
During the period of assignment of Fort Worth police officers to the DEA/Dallas Division/DFW Airport Task
Force, the City of Fort Worth will remain responsible for establishing the salaries and benefits, including
overtime, of the officers assigned to the Task Force. DEA will reimburse the City of Fort Worth for overtime
payments made to the officers assigned to the Task Force.
Ratify the agreements to begin September 30, 2007, through September 30, 2008, with automatic renewal
by addendums agreeable to both parties. The renewals will be indefinite unless terminated in accordance
with the original agreement.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that the Police Department will be responsible for the collection of revenues
under these agreements.
TO Fund/Account/Centers
FROM Fund/Account/Centers
http : //www. cfwnet. org/council�acket/Rep orts/mc�rint. asp
1/23/2008
Page 2 of 2
GG01 481035 0356300 0.00
Submitted for City Manager's Office b�
Originating Department Head:
Additional Information Contact:
Joe Paniagua (6575)
Ralph Mendoza (4212)
Kara Shuror (4221)
http://www.cfwnet.org/council�acket/Reports/mc�rint.asp 1/23/2008