HomeMy WebLinkAboutContract 41223CITY SECRETARY9!BCONTRACT NO.a,
2011 Task Force Agreement
Fort Worth Police Department
HIDTA 2
Dallas Field Division
This agreement is made this 1st day of October 2010, between the
United States Department of Justice, Drug Enforcement
Administration (hereinafter "DEA"), and the Fort Worth Police
Department (hereinafter "FWPD").
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 Group 2 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.
2. To accomplish the objectives of the HIDTA Group 2 Task Force,
the FWPD 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 FWPD 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 T
DEA will assign five (5) Special Agents to the task fo
fr4C0RD
A
CITY SECRETARY
C. WORTH, TX
w ill 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 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
t he task force and for making all payments due them. HIDTA will,
subject to availability of funds, reimburse the FWPD for
o vertime payments made by it to the FWPD officers assigned to
t he HIDTA Group 2 Task Force for overtime, up to a sum
e quivalent to 25 percent of the salary of a GS-12, Step 1 (RUS)
federal employee, currently $17,202.25, per officer.
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
e xpenditures of funds under this agreement in accordance with
t enerally 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
e xamination and auditing by DEA, the United States Department of
Justice, the Comptroller General of the United States and any of
t heir duly authorized agents and representatives, any and all
✓ ecords, documents, accounts, invoices, receipts or expenditures
✓ elating to this agreement. The FWPD shall maintain all such
✓ eports and records until all audits and examinations are
completed and resolved or for a period of three (3) years after
t ermination of this agreement, whichever is sooner.
10. The Fort Worth Police Department shall comply with Title VI
o f 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
✓ egulations 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
e xecute 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.
12. When issuing statements, press releases requests for
aroposals, 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
o f the program or project which will be financed with federal
money and (2) the dollar amount of federal funds for the program
o r project.
13. While on duty and acting on task force business, the FWPD
o fficers 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,
2011. This agreement may be terminated by either party on 30
d ays advance written notice. Billings for all outstanding
o bligations must be received by DEA within 90 days of the date
o f termination of this agreement. HIDTA will be responsible only
for obligations incurred by FWPD during the term of this
agreement.
For the Drub Enforcement __Administration :
me s L. gSp r
S•ecial Agent in Charge
Da 1 las Fibld Division
For the Fort Worth olice Department
14). c/W
Na
Title
Date:
Date: deZCHO
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH/ TX
CITY OF FORT WORTH
Jeffrey W. Halstead
Chief of Police
Signature: ,7440
Date: /HAI
Charles W. Daniels
Assistant City Manager
Signature:
asi-caz2
Date: /14 /6 . to
APPROVED AS TO FORM AND
LEGALITY:
Monica Wofford Wood
Assistant City Attorney
Signature:
Date:
ATTEST:
City Secretary
Date: \\\\C‘,\‘.0
Authority
M&C: C-24514
Contract Number: � � iaa.3
At>t' VOA t
hitt leocen°13040 401)
ii4 (IP 4300 0
Y
0
al
o X 0
0 0 o° li
talb3°p4 4
0000000p
441411tXibt#
OFFICIAL RECORD
CITY SECRETARY
IFT• WORTH, TX
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 Par( 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-
n ection w th the making of any Federal grant,, the entering into
o f 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-
tempting 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 connection with this
Federal grant or cooperative agreement, the undersigned shall
complete and submit Standard Form - LLL, 'Disclosure of
Lobbying 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 shall certify and disclose accordingly.
DEBARMENT,
ON, AND OTHER
RESPONSIBILITY SUSPENSION,
ATERS
(DIRECT RECIPIENT)
As required by Executive Order 12549 Debarment and
Suspension and implemented at 28 CFR fart 67 for prospec-
tive participants in primary 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 a three-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, theftforgery,
bribery, falsification or destruction of records, making false
statements or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or
civilly charged by a governmental ent't (Federal, State, or
local) with commission of any of the offenses enumerated in
paragraph (1)(b) of this certification; and
(d) Have not within a three-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 67.6`20-
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
u nlawful manufacture, distribution, dispensing, possession, or
u se of a controlled substance is prohibited in the grantee's
workplace and specifying the actions that will be taken against
e mployees 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 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) 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
5. Signature
(1) Abide by the terms of the statement; and
(2) Notify the employer in writing of his or her conviction for a
✓ iolation of a criminal drug statute occurring in the workplace
n o 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
e mployee or otherwise receiving actual notice of such convic-
tion. Employers of convicted employees must provide notice,
including position title, to. Department of Justice, Office of
Justice Programs, ATTN: Control Desk, 633 Indiana Avenue,
N W., Washington, D C. 20531. Notice shall include the iden-
tification number(s) 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 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;
(g) Making a good faith effort to continue to maintain a drug -
free workplace 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 1 if the State has elected to complete OJP Form
4061/7.
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 will comply with the above certifications.
1. Grantee Name and Address:
Fort Worth Police Department
350 West Belknap
Fort Worth, TX 76102
2. Application Number and/or Project Name
3. Grantee IRSNendor Number
4. Typed Name and Title of Authorized Representative
/44tC///<4;:::2" (6./0
6. Date
Page 1 of 2
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 10/5/2010 - Ord. No. 19381-10-2010
tze-ex-w r,
DATE: Tuesday, October 05, 2010
LOG NAME: 35HIDTA2TF2011
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 in an Amount Up
to $84,517.00 for Participation in the North Texas High Intensity Drug Trafficking Area Task Force Group 2
for Fiscal Year 2011 and Adopt Appropriation Ordinance
RECOMMENDATION.
It is recommended that the City Council:
REFERENCE NO.: **C 24514
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 2011;
2. Authorize the Agreement to begin on October 1, 2010 and end on September 30, 2011, and provide
that a 30 day advance written notice be 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
Grants Fund 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:
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
http://apps.cfwnet org/ecouncil/printmc.asp?id=14043&print=true&DocType=Print 12/13/2010
Page 2 of 2
by DOJ-DEA after expenditures are made.
FUND CENTERS:
TO Fund/Account/Centers
GR76 451891 035 423 497 000/010
GR76 5(VARIOUS) 035423424010
CERTIFICATIONS:
Submitted for City Manager's Office by:
Originating Department Head:
Additional Information Contact:
ATTACHMENTS
1. 35H I DTA2TF 2011 AO.doc (Public)
FROM Fund/Account/Centers
$84, 517. 00
$84,517.00
Tom Higgins (6192)
Jeffrey W. Halstead (4210)
Monique Lee (4221)
http://apps.cfwnet.org/ecouncil/printmc.asp?id=14043&print=true&DocType—Print 12/13/2010