HomeMy WebLinkAboutContract 39503SECRETARY 39S03
NTRACT NO
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ItymniEPVIIENT
This agreement is made this L L ay of 2001, between the United
States Department of Justice, Drug Enforcement Administration
(hereinafter 'IDEA"), and the City of Fort Worth by and through the
Fort Worth Police Department (hereinafter "City").
Whereas there is evidence that trafficking in narcotics and dangerous
drugs exists in the North Texas area and that such illegal activity
has a substantial and detrimental effect on the health and general
welfare of the people of Texas, the parties hereto agree to the
following:
1. The North Texas HIDTA Task Force will perform the activities and
duties described below:
a. disrupt the illicit drug traffic in the North Texas 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 HIDTA Group 2 Task Force, the
City agrees to detail five (5) experienced officers to the HIDTA Group
2 for a period of not less than two years. During this period of
assignment, the Fort Worth Police 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 all
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 USC 878.
5. To accomplish the objectives of the HIDTA Group 2 Task Force, DEA
will assign five (5) Special Agents to the task force. HIDTA will
also, subject to the availability of annual appropriated
OFFICIAL RECORD
CITY SECRETARY
FT: WORTH, TX
funds or any continuing resolution thereof, provide necessary
funds and equipment to support the activities of the DEA Special
Agents and FWPD 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 HIDTA Group 2, the
FWPD will remain responsible for establishing the salaries and
benefits, including overtime, of the FWPD officers assigned to
the task force and for making all payments due them. HIDTA will,
subject to availability of funds, reimburse the FWPD for
overtime payments made by it to the FWPD officers assigned to
the HIDTA Group 2 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 $16,903.25, per officer.
7. In no event will the FWPD charge any indirect cost rate to
)EA 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 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 Fort Worth Police Department 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 ar 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 employes 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 until the
completed certification is received.
126 When issuing statements, press releases requests for
proposals, bid solicitations and other documents describing
projects or programs funded in whole or part with federal money,
the FWPD shall clearly state: (1) 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 program
or project.
13. While on duty and acting on task force business, the FWPD
officers assigned to the HIDTA task force shall be subject to
all DEA and federal government rules, regulations and procedures
governing the use of OGV's for home to work transportation and
for personal business. The HIDTA Executive Committee
acknowledges that the United States is liable for the actions of
task force officers, while on duty and acting within the scope
of their federal employment, to the extent permitted by the
Federal Torts Claim Act, 28 U.S.C. 2401 (b) 2671--2680.
14. The term of this agreement shall be from the date of
signature by representatives of both parties to September 30,
2010. This agreement may be terminated by either party on 30
days advance written notice. Billings for all outstanding
obligations must he received by DEA within 90 days of the date
of termination of this agreement. HIDTA will be responsible only
for obligations incurred by FWPD during the term of this
agreement,
r the Drug
,dam s L . Capra `
Spec'al Agent in Charge
)all s Field Division
Far the Fort Worth oli.ce
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Title C(-I�IEi� DF
OL�CE
Administration:
Department' Date:
DaO
Tom Higgins
Assistant City Manager
Signature: c
APPROVED AS TO FORM AND
LECTALITY:
Monica Wofford Wood
Assistant City Attorney
Signature:Juh;(,"
L+
Date:
ATTEST:
City Secretary � '
:)ate
. 1"1\ b oI
Authori
M&C: C. aM to
Contract Number: �15
IOTA, Group 2, Agreement Between The City of Fort Worth, TX
and Drug Enforcement Administration
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Pa 4 of 4
t U.S. DEPARTMENT OF JUSTICE
OFFICE OF JUSTICE PROGRAMS
OFFICE OF THE COMPTROLLER
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. Cade, and
implemented at 28 CFR Part 69, for ersons entering info 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 have
been paid or will be paid to any person for influencing or at,
to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress. or
or
((c) The undersigned shall require that the language of this cer-
fification be included in the award documents for ail subawards
at all tiers (including subgrants, contracts under grants acid
cooperative agreements, and subcontracts) and that all sub -
recipients shalt certify and disclose accordingly.
RESPQNSIBILItT11' SUSPENSION, AND OTHER
{DIRE T RECIPIENT)
As required by Executive Order 12549, Debar
ment 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-
tionwith 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 properly;
(c). Are not presently indicted for or otherwise criminally or
civil) charged by a gavommental entity (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 ono 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
tmplemented at 28 CFR Part 67, Subpart F for grantees as
defined at 28 CFR Part 67 Sections 67.b15 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 protilbited in the grantee's
workpiace 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 -
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} Nofifyin the employee in the statement required by
pare raph �a) that, as a condition of employment under the
gran the employee witt-
QJP FORM 406116 (3-91) REPLACES OJP FORMS 4061/2, 40s213 AND 4061f4 WH{Cti ARE OBSOLETE,
(11 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
r receiving nofice und(
Flo es or otherwise recel
.Employers of convicte(
rams,
�, within 10 calendar days
paragraph (d (2) from an
ctuai no ice o such oonvic-
oyees must provide notice
Invent of Justice, Office of
Desk, 633 Indiana Avenue,
Mice shall include the iden-
grant;
{f) Taking one of the foNowing 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 to and including termination consistent with the
requirements of the Rehabilitatton Act of 19f3, as amended; or
(2) Requiring $uch employee ta, ,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;
(g) Making a good faith effort to continue to maintain adru -
ree work lace through implementation of paragraphs (a), (),
(c), (d), (eand (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 nat identified
herEll
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-
plicatlon for Department of Justice funding. States and State
agencles may elect to use OJP Form 4061/7,
Check ❑ if the State has elected to complete OJP Form
4061 /7.
(GRUANTEES WHO ARE INDIVIDUALS)
As required by the Drug -Free Workplace Act of 1988, and
implemented at 28 CFR Part 67, Subppart F, for ggrantees, 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 strlbutl0n, 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 oanduct of any grant activity I
will report theconviction, 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 will comply with the above certifications.
1. Grantee Name and Address:
Ci�7 Oaf )'OILi' WD►;-f�
Fort Worth Police Department
350 West Belknap
Fort Worth, TX 76102
2. Application Number and/or Project Name
4. Typed Name and Title of Authorized Representative
5, Signature
3. Grantee It?SNendor Number
no
/a�Z 71
6. Date
wwm.dea.gov
Chief Jeffrey Halstead
Fort Worth Police Department
350 West Belknap
Fort Worth, TX 76102
Dear Chief Halstead;
U. S. Department of Justice
Drug Enforcement Administration
Dallas Field Division
10160 Technology Blvd., East
Has, Texas 75220
September 1, 2009
The State and Local Task Force Agreement between the Fort Worth Police Department
anal DEA will expire September 30, 2009. This year, DEA requires execution of a new State
and Local Task Force Agreement. Recently, the maximum fiscal year 2010 reimbursable
overtime rate, for DEA HIDTA Task Force Officers, was raised to $16,903.25, which is the
equivalent dollar amount of a GS-12/Step 1.
Enclosed are the 2010 Task Force Agreement between your office and DEA and OJP
Form 4061/6, which needd the appropriate signatures from your office.
Please forward the signed Agreement and OJP Faun 4061/6 by September 18, 2009, to
S. Marian Shinn, ASAC Secretary, 10160 Technology Blvd., East, Dallas, TX 75220.
Questions may be directed to Ms. Shinn, at (214) 36&6930.
Your assistance is greatly appreciated.
Sincerely,
/111 VUI t�
James L. Capra
Special Agent in Charge
Enclosures
M&C Review
Page 1 of 2
C)tficial site of Lhe City of fort 1 V0101, Texas
COUNCIL ACTION: Approved on 11/17/2009 -Ord. No. 18916-11-2009
DATE. 11/17/2009 REFERENCE **C-23912 LOG NAME: 35HIDTATFGTWO2010
NO..
CODE: C TYPE: CONSENT PUBLIC NO
HEARING.
SUBJECT: Authorize the Execution of an Agreement between the United States Department of
Justice, Drug Enforcement Administration and the City of Fort Worth, Regarding Payment
of Overtime for Participation in the North Texas High Intensity Drug Trafficking Area Task
Force Group 2 in an Amount Up to $84,517.00 and Adopt Appropriation Ordinance
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager to execute an Agreement with the United States Department of
Justice, Drug Enforcement Administration, regarding the North Texas High Intensity Drug Trafficking
Area Task Force Group 2 for Fiscal Year 2010;
2. Authorize the Agreement to begin on the date it is executed by both parties, end on September 30,
2010, and provide that a 30 day advance written notice is required for termination of the Agreement;
3. Authorize the department to accept up to $84,517.00 for reimbursement of overtime payments
made to officers assigned to the North Texas High Intensity Drug Trafficking Area Task Force Group
2; and
4. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Grant Funds in the amount of $84,517.00 upon execution of the Agreement.
DISCUSSION:
The City of Fort Worth has been an active participant in the North Texas High Intensity Drug
Trafficking Area (North Texas HIDTA) since 1999. The Police Department will continue to assign up
to five personnel to this task force. The mission of the task force is to reduce the volume of narcotics
and controlled substances being trafficked into and distributed from the North Texas HIDTA area of
responsibility through aggressive detection, interdiction, enforcement and prosecution of those
individuals and enterprises engaged in such illegal activities. In particular, the task force focuses on
major drug trafficking organizations.
Currently, the following other entities participate in this cooperative effort: Drug Enforcement
Administration, Federal Bureau of Investigation, Arlington Police Department and the Grand Prairie
Police Department, The Fort Worth Police Department currently contributes five officers to the task
force. When funds are available from the Department of Justice, Drug Enforcement Administration
(DOJ-DOE), overtime will be reimbursed to the City of Fort Worth by North Texas HIDTA. Overtime is
estimated not to exceed $84,517.00.
FISCAL INFORMATION/CERTIFICATION:
:"apps.ciwnet.org/councii_pacKei/mc-reviev
11/19/2009
M&C Review
Page 2 of 2
The Financial Management Services Director 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 current operating budget, as appropriated, of the Grants Fund. The
Police Department is responsible for submitting request for reimbursement to offset the expenditures.
Funds will be reimbursed by DOJ-DEA after expenditures are made.
TO Fund/Account/Centers
3R76 451891 0354234424000
GR76 5
VARIOUS) 035423424010
$84,517.00
$84,517.00
Submitted for City Manager's Office bv:
Originating Department Head:
Additional Information Contact:
ATTACHMENTS
35HIDTATFGTWO2010 Ordinance.doc
FROM Fund/Account/Centers
Tom Higgins (6192)
Jeffrey W. Halstead (4210)
Gerald Chandler (4219)
http://apps.cfwnet.org/council�acket/mc_review. asp?ID=12605&councildate=ll /17/2009 11 /19/2009