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HomeMy WebLinkAboutContract 55068 CSC No. 55068 2021 SURGE PROGRAM-FUNDED STATE AND LOCAL TASK FORCE AGREEMENT DFW AIRPORT TASK FORCE CITY OF FORT WORTH This agreement is made this Ist day of October, 2020,between the United States Department of Justice, Drug Enforcement Administration(hereinafter'DEA"),and the City of Fort Worth,a home rule municipal corporation, acting by and through Jay Chapa,it's duly authorized Deputy City Manager, ORI# TX2201200 (hereinafter"City").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 tracking in narcotics and dangerous drugs exists in the Fort Worth area and that such illegal activity has a substantial and detrimental effect on the health and general welfare of the people of Fort Worth,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 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 to effectuate prosecution before the courts of the United States and the State of Texas. 2. To accomplish the objectives of the Task Force,the City agrees to detail one(1) experienced officerto the Task Force for a period of not less than two years.During this period of assignment,the City officer will be under the direct supervision and control of DEA supervisory personnel assigned to the Task Force. 3. The City officer 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 officer assigned to the Task Force shall-be deputized as Task Force Officer of DEA pursuant to 21 U.S.C. Section 878. 5. To accomplish the objectives of the Airport Task Force,DEA will assign three(3)Special OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 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 assigned to the Task Force. This support will include: office space,office supplies,travel funds,funds for thepurchase of evidence and information,investigative equipment, training,and,other support items. 6. During the period of assignment to the Task Force,the City will remain responsible for establishing the salary and benefits,including overtime, of the officer assigned to the Task Force,and for making all payments due them. DEA will,subject to availability of funds,reimburse the City for overtime payment.. Annual overtime for each state or local law enforcement officer is capped at the equivalent of 25%of a GS-12, Step 1, of the general pay scale for the Rest of United States. Reimbursement for all types of qualified expenses shall be contingent upon availability of funds and the submission of a proper request for reimbursement which shall be submitted monthly or quarterly on a fiscal year basis,and which provides the names of the investigators who incurred overtime for DEA during the invoiced period,the number of overtime hours incurred,the hourly regular and overtime rates in effect for each investigator,and the total cost for the invoiced period. Invoices must be submitted at least quarterly within 10 business days of the end of the invoiced period.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 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 six(6)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 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 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 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. . i f !i 1 12. When issuing statements,press releases, requests for proposals,bid solicitations,and i other documents describing projects or programs$ended in whole in part.with Federal money,the City shall clearly state(1)the percentage ofthe total cost of the program or project which will be financed with Federal money and(2)the dollar amount of Federal fiends for the'project or program, 13. The term of this agreement shall be effective from the date in paragraph number one until September 30, 2021.This agreement may be terminated by either party on thirty clays' advance written notice.Billing for all outstanding obligations must be received by DEA within 90 days of the date of teiminafion of this agreement.DEA will be responsible only for obligations incurred by City during the term of this agreement. For the V- �� Drug Enfoi�cem 2 — S Date: � � �-n"z-- Eduardo A'Uivez Special Agent in Charge For the,C'ty of Fort'Worth: Date: ,�3.- O Edwin.J, ,raus Chief of Police Fort Worth Police Department Date: Jay Chapa Deputy City Manager City of Fort Worth APPROVED AS TO FORM AND LEGALITY Date:_11-09-2020, ylor C.Paris Assistant City Attorney ATTESTED BY: OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 4p44�A�Apq FORA�aa �qf F°°0000000.L d� 0o o r 0 o9�dd �voo °=d * Date: 12/21/2020 0 0 ooaooao � Mary J.Kayser �a4�aExAsapp City Secretary CONTRACT COMPLIANCE MANAGER: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. CW 6�Uw - Adriana Gonzales U Date Management Analyst OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX U.S. DEPARTMENT OF JUSTICE 1 OFFICE OF JUSTICE-PROGRAMS OFFICE OF THE COMPTROLLER CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS; AND DRUG-FREE WORKPLACE REQUIREMENTS l 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 ju Ic (Federal .State,,or tocaq a saction or co tract under a bq�i transaction;, violation of Me a1 or tat ntdrust As a air d b Sep' 352 T'tle 31 of the U.S. Code, and to es o commission of embez Ilement, he or ry, imp{ersent d at 28 CFR Part 9 p ppersons ente in into a gql�a2��t n ery fa�sficaUop.or d struction o records, making �aelse r co a aetrve reeme t over'$1aU,000, as define at 28tiFf2 sta erilents, or receiving stoelen property; art T,t�e apptint cer}ifies that: g Are not present mdi t d for or th�rvo a criminal�i or ciAW ,I ((a No Federal appropriate funds have been aid or will be aid, Ctfar ed by a over�i nctaef ntd �e era, St te, or cal tiny b)or on behalf fh undersigned, to an paid for influencin �mssionf an o �ie of?ens�s(enumerated m paragraph 11) or attempting to influence an officer or empployee of any agency, o is ce ifica on;and a Member of Congress, an officer or employee,of Congress, or ; .! an employee of a Member of Congqress in connection with the rd�diavee not within�a bl�et-yeear perriod ecdeding this apglic Uor making ,of any Federal grant the entering into of any tp� on r more u r ff saCtians e eral, State, r oca) cooperative agreement, and extension, continuation, renewal, ermina a for taus or a au t;an amendment, or modification of any Federal grant or cooperative agreement; sat meets inethaisPplicpUttionabhe tgr s�ie�shallaartacaf the DAY an finds other than Federal a r4priated funds hav, been exp�anaiion to this application. �7��JId ortiyrill ue id to an rson fo �ntluencm or a m in to I rlUence an o cer or e�pp�o ee qt�an a en�L a e ii o ress at nicer or empioee of Conn es� ,o as gpl ore o D UG-FREE WORKPLACE atv...... o on ress r co ne tioq { t is a n or Rcopppoerat are to t, the ersi e� s al coetanRANTEES OTHER THAN INDIVIDUALS) &u4w &n'garde orm.-�t,�, Isclosure oo�byin9 Actrvdies, m accordance wdh its instructions; As a uir�ddd b hgeC��u Frtte� W rk)laceFA t off 1988, and Wiine�ate28�FR Part ��r5ections 6p 9 �nd�r�t��s, as j rr The under i ned s II re uire that the lart u e of this cer- fi ctGon b m �ded in �ie av9?rd doctments fotT sub�awardsaadt A. 9 Pe apglicpa�t cebrtTes that it will or will continue to provide a a leis. inc udm s grans, con act un Sr r nt a dru -ree w ace cog eraUv tree_ en s, nd subcontrMrNy antoga a su - reci�rents sha ce�m�iYY antl gisclose acco rn (a P blIishin a stat meet noti{,,In ern to ees that the u�lawutul mar�ufactufe, is nbutiop, tlrs nsr ssessio qr se of a co trolletl. $u I �ante Is ro r1tsI? ghe �rantge s �CC P.MATI ION,AND OTHER workplace tT -5 eGrfV�n9 th%actiRgk.tha wi a take against �r'C emp oyees or vi atio oT su pro i rtion; i r�bl1 Establi hin a on-going drug-free awareness program to As re aired b Executivvee Order g25g9, D barment nd inform emp�oyeas a�out- Su enai�n,.an�im lemented at 2tt CFR Prt 67 of r�ros�e i 9 asp an i r rna v re transactions, aS �e me a i �FR Rart 97%Abon�7�1 O (1)The dangers of drugs abuse in the workplace; (2)The grantee's policy of maintaining a drug-free workplace; A. The applicant certifies that Rand its principals: (3 available dru c unseling, rehabilitation, arid employee (a)Are not presenfl�!debarred,suspended, proposed for debar- (as�sisa�ice programs;ganc� n nt declared ine i ible, sentenced to a denial of Federal beneti7ts by a State ort ederal court, or voluntarily excluded from r41 The alties that ma .b im o edd u on employees for drug covered transactions by any Federal department or agency; abuse vl°o�fations occurnngVinhe upvorsicpla�e, ((c Mak'n it a.re r ment that each ern to ee to be en ed i b Have nott th' a thr a-yea eriod recedin t is a pli tion Yh� erot�nanceai rant be given a c�py of the st9at�ment �en convicte�og r hag a cwii, ida e t rendefeeMae'lstlhe requpire by paragrap e(a�; oar eotnmission oftrau r a cn in o ense m con ectron w tammg,attempting to o�itain,or performing a dd Ntnotif�ri � he emplooyeq. in jhe plstytement jeerVregd bty a ra ra t,as a c nddion o ern o ment un er a ran, e e p ory wi - OJP FORM 4061/6(3-91)REPLACES OJP FORMS 4061/2,4062/3 AND 4061/4 WHICH ARE OBSOLETE. I - • I . 1 (1)Abide by the terns of the statement;and (�ialat onto aecelm�rio�ednin staut�°occu�ri°nr herthe wo�kpo�ace no lafer in flue calen�ar dagys affer such conic ion; re) N4ti In the a encv, in wriin with' c lendar days after f there are workplace on file that are not identified Pecelvin ITotice Ugn(7ef sub tinpla h. a)� faom an empl4 ee h Check r py th Ifc rece vlii a ua notic o .Such_convlrftl n. ere. m o erg twit o ees st rovI once, n u Inspoi titl e a nt o�g�j s{�Ic , 6fti aoi! ttI�grams, I: o�ittro h�� ln�laga �(ve�ue, �W SeScttion 67,63I0 of the regulations piovi�es.that a g ntee that is a hin t n, 53 . Notices a I Inc u e the i entificatiori a ate ma e pe t to. ak o cerP to In. ach��fheder 1 fig�al numaer�s�of each a ected grant; o areAa t�i&nt h..IIc�sit Ceo l�c� le Inc d to ande tate p�gern Ion may 2161 o use J�Form IR (f� s o�n ecne.of he.f ll un r action ar whal 30 alend r rdes�pectft�anyem�loyee who Isosoo con vatel�9 p� (d)( ), w 1 Check r if 406117.State has elected to complete OJP Form i pe hh �1� �o keep uapo onln�tnclUpmsorteroin lion cos sentsw h tie DRUG-F WORKPLgCE regBilr�mentspo�thenRegabilnation ect o?1973,as amende r or (GRAN RE WHO ARE INDIVIDUALS) pRequirip such em I e.to artici ate satisfactori i a dru As re��uireddd b e u Fre W lrkplacce of 1988, and �osesayaede getleaoPorto�a��Tea�tha�aw enomen �eineec]a�teL8artSeect�ions�67. 15 andg�/.�r2Wntees, as or ther apppropriate agency, As a, ° dition of the g nt,.I certify that I will not engage in (g)Making a good faith effort to.continue to maintain a drug-free user of a�ontrol�edc sub tanbetllnn'wn9i Ion rTnyPaCUi�y, workplace through implementation of paragraphs(a), (b),(c), (d), t grant;an� (e),and(f). t�he rante ma insert In tie s ace.provided below t e Ite B. If convinced of a criminal drug offense resulting.from a s) To tttge er orin nce of work done in connection w h Me violation occurrin during the conduct of any grant activity.I will eclfic grant: report the convictgion in writing, within 1.0 carendar days of the conviction,to: DepPment of Justice, Office of Justice Programs, Plarej of Performance (Street address, city, country, state, zip D.0 20531ntrol•Desk, 633 Indiana Avenue, N.W., Washington, co 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 505 W. Felix St. Fort Worth,TX 76115 2. Application Number and/or Project Name 3. Grantee IRSNendor Number 75-6000528 4. Typed Name and Title of Authorized Representative Edwin Kraus 5. Signature 6. Date — 12/01/2020 Edwin Kraus(Dec 1,202016:24 CST) CITY COUNCIL AGENDAT T1I REFERENCE **M&C 20- 35FY2021 HIDTA DFW DATE: 9/22/2020 NO.: 0714 LOG NAME: AIRPORT TASK FORCE SURGE CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT. (ALL)Authorize Execution of Agreement with the United States Department of Justice, Drug Enforcement Administration, for Reimbursement of Overtime Costs in an Amount Up to$19,180.00 for Participation in the Texoma High Intensity Drug Trafficking Areas DFW Airport Task Force SURGE for Fiscal Year 2021, and Adopt Appropriation Ordinance 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, for reimbursement of overtime costs for participation in the Texoma High Intensity Drug Trafficking Areas DFW Airport Task Force SURGE for Fiscal Year 2021; 2.Authorize the acceptance of an amount up to $19,180.00 for the reimbursement of overtime costs for one officer assigned to the Texoma High Intensity Drug Trafficking Areas DFW Airport Task Force SURGE for one year; and 3.Adopt the attached Appropriation Ordinance increasing estimated receipts and appropriations in the Grants Operating Other Fund in an amount of$19,180.00, upon execution of the Agreement. DISCUSSION: The City of Fort Worth has worked cooperatively with the United States Department of Justice, Drug Enforcement Administration (DEA)to address the problem of drug trafficking in North Texas through various task forces. The Texoma High Intensity Drug Trafficking Areas (HIDTA) DFW Airport Task Force SURGE seeks to disrupt the illicit drug traffic in the City of Fort Worth by immobilizing targeted violators and trafficking organizations, gathering and reporting intelligence data relating to trafficking of narcotics and other dangerous drugs, and by conducting undercover operations where appropriate. The task force will also engage in other traditional methods of investigations in order that the task force's activities will result in effective prosecution in both state and federal courts. The Fort Worth Police Department will assign one officer to the Texoma HIDTA DFW Airport Task Force SURGE. The City of Fort Worth will be reimbursed by the DEA for overtime expenses related to the department's participation in the task force in an amount up to $19,180.00. Benefits such as retirement, FICA, and other expenses are not reimbursable. This is a reimbursement agreement and indirect costs are prohibited. No matching funds are required. This task force serves ALL COUNCIL DISTRICTS. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that upon approval of the above recommendations and adoption of the attached Appropriation Ordinance, funds will be available in the current operating budget, as appropriated, of the Grants Operating Other Fund. This is a reimbursement agreement. The Police Department is responsible for requesting reimbursements and ensuring reimbursements are received. Prior to expenditure being incurred, the Police Department has the responsibility to validate the availability of funds. TO Fund Department Account Project Program Activity Budget Reference# Amount ID , , ID L Year (ChartField 2) FROM Fund Department Account Project Program Activity Budget Reference# Amount ID ID I Year ChartField 2 Submitted for City Manager's Office by: Jay Chapa (5804) Originating Department Head: Ed Kraus (4231) Additional Information Contact: Adriana Gonzales (4217) ATTACHMENTS 35FY2021 HIDTA DFW AIRPORT TASK FORCE SURGE 21003.docx