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HomeMy WebLinkAboutContract 43730CflY n RETA F COMACT mn, L/3 � ?t 2013 State and Local Task Force Agreement - HIDTA Dallas Field Division Fort Worth Police Department HIDTA 2 This agreement is made this 1st day of October, 2012, between the United States Department of Justice, Drug Enforcement Administration (hereinafter "DEA"), and the Fort Worth Police Department (hereinafter "FWPD"). The DEA is authorized to enter into this cooperative agreement concerning the use and abuse of controlled substances under the provisions of 21 U.S.C. § 873. 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 officer(s) 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 Task Force, DEA will assign three (3) Special Agents to the task force. HIDTA 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 FWPD officers assigned to the task oFfl B©I ►� RECO110 CITY SaCRETARY 1 t� -"I 0-1 2 A"i : ;1`I I F -ems J� i1 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 foi 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 foi 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 $17,202.25 , per officer. Note: Task Force Officer's overtime "Shall not include any costs for benefits, such as retirement, FICA, and other expenses." 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 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 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 FWPD 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 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 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 officer, while on duty and acting within the scope of their federal employment, to the extent permitted by the Federal Torts Claim Act. 14. The term of this agreement shall be effective from the date in paragraph number one until September 30, 2013. This agreement may be terminated by either party on 30 days advance written notice. Billing for all outstanding obligations must be 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. For the Drug Enforcement Administration: JameL. Spec A pra nt in Charge For the Fort Worth Police Department: 612,14,ardea Jeffrey Halstead Chief Of Police Fort Worth Police Department CITY OF FORT WORTH Ch les W. Daniels Assistant City Manager Date APPROVED AS TO FORM AND LEGALITY: O'tek( Jessica'SarigsvaAj Date Assistant City Attorney OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Date: JC7 l L! F7 Date: 09 2Ce — l Z ATTEST: h , ity Sercretail Authorization: oar aoFo�041$4* p ` o�. /4 0 *00 44 06 As se etietw Date Co nes Nt&c: �lLi �IZ 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 form. 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 Debarment and Suspension (Nonpro-curement) and Government -wide Requirements for Drug -Free Workplace (Grants) " The certifications shall be treated as a material representation of fact upon which 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 appropriated 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 the 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. 2. DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS (DIRECT RECIPIENT) As required by Executive Order 12549 Debarment and Suspension, and Implemented at 28 CFR Part 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 o r 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 civilly charged by a governmental entity (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 67.620— 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 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 drug 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 para- graph (a) that as a condition of employment under the grant, the employee will— OJP FORM 4061/6 (3-91) REPLACES OJP FORMS 4061/2, 4061/3 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; (e) Notifying the agency, in writing, within 10 calendar days after receiving notice under subparagraph (d)(2) from an employee 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, county, state, zip code) Check ❑ if there are workplaces on file that are not indentified 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 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 conducting any activity with the grant; and B. If convicted 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, 810 Seventh Street NW., Washington, DC 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: City of Fort Worth 1000 Throckmorton Fort Worth, Texas 76102 2. Application Number and/or Project Name 2013 State and Local Task Force Agreement-HIDTA 2 4. Typed Name and Title of Authorized Representative Charles W. Daniel, Assistant 5. Signature City Manager 75-6000528 3. Grantee IRS/Vendor Number 6. Date *U.S. Government Printing Office: 1996 - 405-037/40014 M&C Review Page 1 of 2 lirCOUNCIL AGENDA Official site of the City of Fort Worth, Texas FORI WoRTII COUNCIL ACTION: Approved on 9/25/2012 m Ordinance No. 204194)9=2012 DATA 9/25/2012 REFERENCk= NO.: **C-25867 LOG NAME: 352013 H IDTA 2 CODE: C TYPE: CONSENT PUBLIC HEARING: NO SUBJECT: Authorize Execution of the Agreement Between the United States Department of Justice, Drug Enforcement Administration and the City of Fort Worth for Payment of Overtime in the Amount Up to $86,011.25 for Participation in the North Texas High Intensity Drug Trafficking Area Task Force Group 2 for Fiscal Year 2013 and Adopt Appropriation Ordinance (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council: 1. Authorize the execution of 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 2013; 2. Authorize the Agreement to begin on October 1, 2012 and end on September 30, 2013 and provide that a thirty -day advance written notice be required for termination of the Agreement; 3. Authorize the Police Department to accept the amount up to $86,011.25 for reimbursement of overtime payments made to the five 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 Grants Fund in the amount of $86,011.25 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 officers 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. The following entities also participate in this cooperative effort: Drug Enforcement Administration, Federal Bureau of Investigation, Arlington Police Department, White Settlement Police Department and Denton Police Department. The Fort Worth Police Department currently assigns five officers to the Task Force. When funds are available from the Department of Justice, Drug Enforcement Administration (DOJ-DEA) overtime will be reimbursed to the City of Fort Worth by North Texas HIDTA. Overtime is estimated not to exceed the amount of $86,011.25. FISCAL INFORMATION/Ch RTIFICATION: The Financial Management Services Director certifies that upon approval of the above http://apps.cfwnet.org/council packet/mc review. asp?ID=17419&councildate=9/25/2012 10/10/2012 M&C Review Page 2 of 2 recommendations, execution of the Agreement and adoption of the attached appropriation ordinance, funds will be available in the Fiscal Year 2013 budget, as appropriated, of the Grants Fund. The Police Department is responsible for submitting request for reimbursement to off set the expenditures. Funds will be reimbursed by DOJ-DEA after expenditures are made. TO Fund/Account/Centers GR76 451891 035423599000 GR76 5 (VARIOUS) 035423599010 $86.011.25 $86.011.25 Submitted for City Manager's Office bv: Originating Department Head: Additional Information Contact: ATTACHMENTS 352013 H I DTA 2 AO 12 .doc FROM Fund/Account/Centers Charles Daniels (6199) Jeffrey W. Halstead (4231) Aya Ealy (4239) http://apps.cfwnet.org/council packet/mc_review. asp?ID=17419&councildate=9/25/2012 10/10/2012