HomeMy WebLinkAboutContract 37777 (2)CBTY SECRETARY
�C)1, s IIACT NO .
DALLAS DIVISION/FORT WORTH MUETI-AGENCY TASK FORCE AGREEMENT
This agreement is made this 30th day of September 2008, between the United States Department
of Justice, Drug Enforcement Administration (hereinafter "DEA"), and the City of Fort Worth,
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
A 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 as
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 bythe CITY for the
assigned officers to the 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 $16,328.75 per year, $4,082.18 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 $50,000.00. •
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,Hand I.
11. The CITY agrees that an authorized officer or employee will execute and retain 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 anal (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, 2009. 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.
Date: r Q� I , I U
L. Capra
1 Agent in Charge
L Date:
Name Pisa E A(u A
Title 'FlIZ45T k6giSrA& 60t Y �1v CII� MIL
A7CTEST:
Mon1tG�R � �] n>`FdQQ L.A. D0U
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 (Non procurement) 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;
(b) If any funds other than Federal appropriated funds
been paid or will be paid to any person for mfluenc
have
yea s
osure
(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 shall certify and disclose accordingly.
2. DEBARMENT SUSPENSION, AND OTHER
RESPONSlBILITIf MATTERS
(DIRECT RECIPIENT)
As required by Executive Order 12549, . Debarment and
Suspension, and implemented at 28 CFR Prt 67, for prospec-
tive participants in primarryy covered transactions, 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 denial . 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
local 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
in orm employees about -
The dangers of drugs abuse in the workplace;
(2) The grantee's policy of maintaining a 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 will-
OJP FORM 4061/6 {3-91) REPLACES OJP FORMS 4061/2, 4062l3 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;
(e) Notifying the agency, in writing, within 10 calendar days
after receiving notice under subparagraph (d)(2) from an
Check ❑ if there are workplace on file that are not identified
employee or otherwise receiving actual notice off such convic-
here.
tion. Employers of convicted employees must provide notice,
including position title, to: Department of Justice, Office of
Section 67, 630 of the regulations provides that a grantee that
Justice Programs, ATTN: Control Desk, 633 Indiana Avenue,
is a State may elect to make one certification in each Federal
N.W., Washington, D.C. 20531. Notice shall include the iden-
fiscal year. A copy of which should be included with each ap-
tification number(s) of each affected grant;
plication for Department of Justice funding. States and State
(f) Taking one of the following actions, within 30 calendar
agencies may elect to use OJP Form 4061/7.
days of receiving notice under subparagraph (d)(2), with
Check ❑ if the State has elected to complete OJP Form
respect to any employee who is so convicted-
4061/7,
(1) Taking apppropriate personnel action against such an
employee, up to and including termination, consistent with the
DRUG -FREE WORKPLACE
requirements of the Rehabilitation Act of 1973, as amended; or
(GRANTEES WHO ARE INDIVIDUALS)
(2) Requiring such employee to participate satisfactorily in a
As required by the Drug Free Workplace Act of 1988, and
drug abuse assistance or rehabilitation program approved for
such by Federal, State, local health, law
implemented at 28 CFR Part 67, Subpart F, for grantees, as
purposes a or enforce-
defined at 28 CFR Part 67; Sections 67.615 and 67.620-
ment, or other appropriate agency;
A. As a condition of the grant, I certify that I will not engage.
(g) Making a good faith effort to continue to maintain a drug-
free workplace through implementation of
in the unlawful manufacture, distribution, dispensing, posses -
paragraphs (a), (b),
sion, or use of a controlled substance in condition any
(c), (d), (e), and (f).
activity with the grant; and
B. The grantee may insert in the space provided below the
B. If convinced of a criminal drug offense resulting from a
site(s) for the performance of work done in connection with
the
violation occurring during the conduct of anyy grant activity, I
specific grant:
will report theconviction, in writing, . within 10 calendar days
of the conviction, to: Department of Justice, Office of Justice
Place of Performance (Street address, city, country, state, zip
Programs, ATTN: Control Desk, 633 Indiana Avenue, N.W.,
code)
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:
Fort Worth Police Department/City of Fort
Worth
350 W. Belknap Street
Fort Worth, TX 76102
2. Application Number and/or Project Name
3, Grantee IRSNendor Number
AGnLJ A
4. Typed Name and Titl of Authorized Representative
Zy O �i
5. Signature
6. Date
Page 1 of 2
� • - • _ ,
• . • • • . •
®ATE: Tuesday, September 16, 2008
LOG NAME: 35DEAREIM09
REFERENCE NO.: �*C-23039
SUBJECT:
Authorize Execution of Two Task Force Agreements with the United States Department of Justice,
Drug Enforcement Administration to Continue Operation of the Drug Enforcement Administration
Multi -Agency Task Force and the Drug Enforcement Administration Dallas/Fort Worth Airport Task
Force for Reimbursement of Overtime Costs for an Amount Not to Exceed $16,320.00 Per Officer,
and for Clerical Costs Associated with the Programs in an Amount Not to Exceed $41,000.00
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager to execute two Task Force Agreements with the United States Department of
Justice, Drug Enforcement Administration to continue operation of the Drug Enforcement Administration
Multi -Agency Task Force and the Drug Enforcement Administration Dallas/Fort Worth Task Force;
2. Authorize the term of the agreement to be October 1, 2008, through September 30, 2009; and
3. Authorize the agreements to be renewed for successive one-year periods. The renewals do not require
specific City Council approval provided that the Council has appropriated sufficient funds to satisfy the City's
obligation during any renewal term.
DISCUSSION:
The Fort Worth Police Department has been an active partner in the Drug Enforcement Agency (DEA)
Multi -Agency Task Force and the DEA Dallas/Fort Worth Airport Task Force since the creation of those task
forces in 1985. In previous years, the DEA extended the agreements by addendum but due to revised
operating guidelines, new agreements were drafted for future years. The current agreements expire
September 30, 2008, and new agreements need to be executed. The Police Department has assigned eight
officers and one sergeant to the unit and the DEA reimburses the department for overtime costs (including
salary and benefits) of up to $16,320.00 per officer, per year. In addition, the DEA will reimburse the City for
all clerical costs associated with the program in an amount not to exceed $41,000.00.
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.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that the Police Department will be responsible for the collection of funds due
http://apps.cfwnet.org/council�acket/Reports/mc�rint.asp 10/14/2008
Page 2 of 2
to the City under these agreements.
TO Fund/Account/Centers
GG01 481035 0356300
-, _.- � - .
Originating Department Head:
Additional Information Contact:
$0.00
FROM Fund/Account/Centers
Joe Paniagua (6575)
Patricia J. Kneblick (4212)
Kara Shuror (4221)
http://apps.cfwnet.org/council�acket/Reports/mc�rint.asp 10/14/2008