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HomeMy WebLinkAboutContract 37776C6 FY SECRETARY �C)r�`C"P,AC T NQ City of Fort Worth Task Force Group 2 - DFW Airport STATE AND LOCAL TASK FORCE AGREEMENT This agreement is made this 1st day of October, 2008, between the United States Department of Justice, Drug Enforcement Administration (hereinafter 'IDEA"), and the CITY OF FORT WORTH (hereinafter "City of Fort Worth"). WHEREAS there is evidence that trafficking in narcotics and dangerous drugs exists in the Dallas/Fort Worth area and that such illegal activity has a substantial and detrimental effect on the health and general welfare of the people of the Dallas/Fort Worth area, the parties hereto agree to the following. 1. The DFW Airport Task Force will perform the activities and duties described below: a. disrupt the illicit drug traffic in the Dallas/Fort Worth 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. accomplish the objectives of the DFW Airport Task Force, the CITY OF FORT WORTH agrees to detail two (2) experienced officers to the DFW Airport Task Force for a period of not less than two years. During this period of assignment, the CITY OF FORT WORTH officers will be under the direct supervision and control of DEA supervisory personnel assigned to the Task Force. 3. The CITY OF FORT WORTH 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 OF FORT WORTH 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 DFW Airport Task Force, DEA will assign four (4) Special Agents and one (1) Group Supervisor 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 task force officers assigned to the Task Force. ;ECORD CITY SECRETARY FT. WORTH, TX 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 DFW Airport Task Force, the CITY OF FORT WORTH 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 OF FORT WORTH for overtime payments made by it to Task Force officers assigned to the DFW Airport 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 officer. 7. In no event will the CITY OF FORT WORTH charge any indirect cost rate to DEA for the administration or implementation of this agreement. 8. The CITY OF FORT WORTH 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 OF FORT WORTH 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 _� and agreement. The CITY OF FORT T 01 TH-.ch i �ma tai all :-such= re.pn d 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 OF FORT WORTH 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 CITY OF FORT WORTH 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 OF FORT WORTH acknowledges that this agreement will not take effect and no Federal funds will be awarded to the CITY OF FORT WORTH 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 OF FORT WORTH 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, 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 CITY OF FORT WORTH during the term of this agreement. For the Drug t Administration,. Speci Age t in Charge For the CITY OF FORT WORTH: Patricia J�neb�lick Chief of Police ATTEST: APPROVED AS TO FORM AND LEGALITY: Monica Wofford wood Assistant Cityttorney Contra ut on ation Ft/LS( ��t4rz;;rA0T GlT `( l�J�►� C Z30�� i Date Date: Date: Z J� ,: ;=r, ,� 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)idNo Federal appropriate funds have been paid or will be pa, 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 been Federal appropriated funds have (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 subgranfsI contracts under grants and cooperative agreements, and subcontracts) and that all sub - recipients shall certify and disclose accordingly. 2. DEBARMENT SUSPENSION, AND OTHER RESPONSIB1LITll' MATTERS (DIRECT RECIPIENT) As required by Executive Order 12549, . Debarment and Suspension, and implemented at 28 CFR Prt 67, for prospec- tive participants in primaryry covered transactions, as defined at 28 CFR Part 67, Section 67.510- A. The applicant certifies that it and its principals; (a) Are not present)y debarred, suspended, proposed for debar- ment, declared ineligible sentenced to a denial . of Federal benefits by a State or Federal court, or voluntarily excluded fTorn 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 loca(� 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. ariy of the statements in this certification, he or she shall attach an explanatio,n. 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 infform employees about - The dangers of drugs abuse in the workplace; (2) The grantee's policy of maintaining. adrug-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 grarit be given a copy of the state- ment required by paragraph (a); (d) Notifying 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, 4062/3 AND 4061/4 WHICH ARE OBSOLETE. ('i) Ablde 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 writi after receiving novice under sL employee or otherwise receiving Lion. Employers of convicted em including position title, to: Dep� Justice rograms, ATTN.: Contro N.W., Washington, D.G. 20531. 1 tification number(s) of each affecte �, within 10 calendar days paragraph (d)(2) from an tual notice of such convic- oyees must provide notice, ment of Justice, Office of Desk, 633 Indiana Avenue, Mice shall include the iden- g rant; (f) Taking one of the following actionswithin 30 calendar days of receiving notice under subpa, ragraph (d)(2), with respect to any employee who is so convicted- (1) Taking apppropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (2) Requiring such employee to participate 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; fg) 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 406117. Check ❑ if the State has elected to complete OJP Form 117, DRUG -FREE WORKPLACE (GRANTEES WHO ARE 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. 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 the conviction, in writing,. within 10 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 wi[I 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. Grahtee IRSNendor Number Sb � PA -A i PS Gn 0 A , ri k6 Avis -PA , fart y iI/���u �1!5FM�. 4. Typed Name ,,and TitleA7)uthorized Representative 5. Signatu 6. Page 1 of 2 • ' • `• • . •' 1 • . � DATE: 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: FROM Fund/Account/Centers Joe Paniagua (6575) Patricia J. Kneblick (4212) Kara Shuror (4221) http://apps.cfwnet.org/council�acketlReports/mc�rint.asp 10/14/2008