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HomeMy WebLinkAboutContract 45204 (2)CITY SECRETARYL C OPI'1'RA1C'I 110. - 1 (),1 2014 STATE AND LOCAL TASK FORCE AGREEMENT Dallas Field Division Fort Worth Police Department/City of Fort Worth Fort Worth Multi -Agency Task Force This agreement is made this 1st day of October, 2013, between the United States Department of Justice, Drug Enforcement Administration (hereinafter "DEA"), and the City of Fort Worth, Texas, by and through its 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 area and that such illegal activity has a substantial and detrimental effect on the health and general welfare of the people of Tarrant County, the parties hereto agree to the following: 1. The Fort Worth Multi -Agency Task Force will perform the activities and duties described below: a. disrupt the illicit drug traffic in the Tarrant County 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 Fort Worth Multi -Agency Task Force, the FWPD agrees to detail five (5) experienced officers to the Fort Worth Multi -Agency Task Force for a period of not less than two years. During this period of assignment, the five 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 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 U.S.C. Section 878. 5. To accomplish the objectives of the Fort Worth Multi -Agency Task Force, DEA will assign four (4) Special 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 equipment to support the activities of the DEA Special Agents and five officers assigned to the Task Force. 15 2014 Fort Worth Y Multi -A encOkaEgRehleiTt L 0 2OiS g City of Fort Worth & DEA C F I. VAL RECORD MTV UMWARIT Fit '-a 144fE EIVED DEC 17 2013 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 Fort Worth Multi -Agency Task Force, the FWPD 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 FWPD for overtime payments made by it to the FWPD officers assigned to the Fort Worth Multi -Agency 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." The salary for one clerical support will be reimbursed to the FWPD in the amount not to exceed $30,577.00. 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 FWPD 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 to the FWPD 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 FWPD 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 effective from the date in paragraph number one until September 30, 2014. This agreement may be terminated by either party on thirty days' advance written notice. Billing for all outstanding obligations must be received by DEA within 90 days of 2 2014 Fort Worth Multi -Agency Task Force Agreement City of Fort Worth & DEA the date of termination of this agreement. DEA will be responsible only for obligations incurred by FWPD during the term of this agreement. For the Drug Enforcement Administration: Daniel R. Salter Acting Special Agent in Charge For the City of Fort Worth, Texas: Ch les W. Daniels Assistant City Manager Date: /04 ,',//3 _argase.e Date: /t'./D./J APPROVAL RECOMMENDED: By: Jeffrey W. Halstead Chief of Police Date: /6-if 13 APPROVED AS TO FORM AND LEGALITY: By: Jessica Sangsvang Assistant City Attorney ATTEST: By/ Mary J. Kayser City Secretary Contract Authorization: M&C: Date Approved: ZJ�1t5 Ilolh,) 3 2014 Fort Worth Multi -Agency Task Force Agreement City of Fort Worth & DEA [-OFFICIAL RECORD, CITY SECRETARY fltWORTh,TX ', Taites 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 cooperabve agreement 1. LOBBYING As a uir d t`�n 135Z l`tie 31 of the U$. Code, anr� aari 9. �e ae'pta mRent Veer $`7°�i bfti�nas cl lnef'tl psi°2� 1�� (a) No Federal appropriate funds have been paid or wilt be paid, b on behalf oftha undersigned to anyerson f influencing or attlempun no nfluence an Officer or employee of any agents a Member of Congress, an officer or empbyee of Congress, or an employee of a Member of Congress in comedian with the cookperrativve a9g9reement, angfaexte sion, contnaaition, of amendment, of modification of any Federal grant or cooperative agreement; b f any ds oiher than Federal a r riat d fund have been �} or wl�ice p.pld to an rson fg0f[�1Qanfloenclnp or a mpflnp tQ In uen@Ss an olh 8r oroelfltot of t antv� acen6 v, ae efl1beT ooI a Member of l on ress ncton win m is r edera g°cant or ccooqperati f aeregalnt, the rL ersig s II co r mpLo a an navies n accordance with its ins�tructionsosure o o byrng 6l anon drIc E ed in me rawgard doocuments rarualfsubawwards at all tterstiincludrn s bgra is contractsSand r r nt a d eciipeni vvsha�neeertifyenn%oisncloseaccordCngsiyann °tat aim sub - AND OTHER As required b Executive Order 1i54g Debarment o and Sus,pqnsi and e f caR 7ifhccfti nafri7.51i1-re transaclemented 81 2a Cr ons, defined atu A. The applicant certifies that it and its principals: (meAre t declared ineligible sentenced sentenced Coda oeniall oed f Fedderal benefit by a State or ederal cow r volu tart excluded from covered transactions by any Federal depa mentor agency; �be}en aoenyiotewc�t yt f Tor oye r tideranansmcilite°rill obtan ng,attempting to amain, pe ormingain con ecbon wi (See Attached) stic (transactional viollational)of aFede al o[Stt contract enutrust r greys falsifications, or siructi nb of�erecomrds, theft raiisye ta ements or receiving stolen property; cnarfed p°t pares vetirn indntalld fobrtor(t eoef ni, Stele torn ocalcwill�i �of-fsysDo eo; anon alnd of eenses enumerates m paragraph (1) 1d)_Havee mitt monmparKeeg:len-Gbpefns ffetlerddygstrate pOrrloca°i) �d ontetl more I rx1 ermina for cause or au t; a slatemmeefts iMethls certnlcatione he bb o sherwshail atlacn an expiaannauon to this appbcabon. pRU - EE WORKPLAC U`RANTE3 OTHER THAN INDIVIDUALS) A�rrsiniremmquiredd bey The F� Frtee W rtopnlaarcteFArit of 1n9t88, and detueU ar 28aCFR E�art 7arSectionsu tin15' and S9.8St!' as �Tt,� a li t rbfies that it will or will continue to provide a `/ug- rt ee � r c�p�c�pby (a) PubIishing a slat ment Holt n em I ees that the use o mars actube, tsinbubon. crs nlsn ssess�on, pr use o a "T � � Sus nee is t,00ns ` n exert- grantees empnlyees o v u to su apron i ib n; WI I ee a< against tllblormstemptonyeeaabomntgang drug -tree awareness program to (1) The dangers of drugs abuse in the workplace; (2)�er) The grantee's policy of maintaining a drug -free workplace; 3s (a s nagnaunseling, rehabilitatbn, and employee MIsev tifaiiolrh o rrTnaiir thingW}Siaceran employees for drug c) Me o an fe gt�if� entret tab e9 venna8ic4py o°f tithe sf tetcre nt lroe�gvipacrgrap sae tiara e am caeccuJiiti ) uml, ae on ottemploymers undergtueegrant e ploy w - OJP FORM 4061/6(3-91) REPLACES OJP FORMS 4061/2, 4062/3 AND 4061/4 WHICH ARE OBSOLETE. 2014 Fort Worth Multi Agency Task Force Agreement Page 4 of 5 (1) Abide by the terms of the statement; and (2 Notify e emplo er in writingof his ,or ber convic on for a vi !anon o a crimrn drug statute occurring n the war p ace no la er than ive Galen r days arter such conviction; Y age m pip e r viol rece ion Mitt ,11chrrnmt'n� each num ber�s) of each �c in wrrbn with r� a calendar da s alter u ry'su r n �d)t tr an e 1ptp ee ivi a {au at' a i ce 0 uc ted ni oy s rn st ovidS ootice,,nc5n(u r2 ero'i�ek,g $ raraAv oue 1. t oeke st I in ur e the icenbficaton ected grant; 0�flfl Taking one, of the following acti s, within 30 calendar days of Teceivi noticeunder su ar rape (dX4) wi res ect to o ee wno is so cony teas:- P any em P� Y (1) aking apl opn to personnelsuchemployee, ng o11n3 a a as amended • or requirements tat , ()Keguirin such empl yee.toparbcipate satstactor�r,l� rn a dru se as r n ede a a or local neaitt a'i w enlorcemenit cr otn a yr a ate a 'nc ,.e, �, , pP� 9e Y� (g) Making a good faith effort to, continue to maintUn a drug -free t}rkp�laa e through implementation of paragraphs (a), (b), (c), (d), The gra n to may insert In t be space provided below the the s) forthe ormance o wor ne in connection with e peciic grant: Place of F'eriormance (Street address, city, country, state, zip code) Check l h�eere are workplace on file that are not identified 0 p1 the r utattons n ovipes,that a g n ee t t i, a Sta e ma' el t to, aI e o certJir at o grit 2 efl ieaarzji l oal fea A co i� c i should e sncftjd f pp r or D e a rtrhon9 i- lice in S to sand S tta to a e nc b s may erect to use JF-' Form 40 '1/1. g Y Check fif 1 fl State has elected to complete OJP Form f*tiFhfLEk gROiWM?JIVIDUALS) As egeuiredd b ecit uq� l-r vV u ptacco tot lYsii, anu ym at 8 e art Ylectionsri. aril 8f . f1`Ctees, as A. Asa ondition of the gro nt, f GG�tily hat l mil not en% ern the unla ul manufacture, distrbuirpn, dis ensrngpossessionY , vh r use o a controlled substance in condJron any a Ene grant; and B. If convinced of a criminal drug offense resulting from a violation occurring duriig the conduct of any c rant activity, I wit report the con iction in wri , within 10 c endar days of the conviction, to: ue-p ar1'mentor UOstrce, Uftice o Justice Frograrns, ATTN: Control Desk, 633 Indiana Avenue, N UV., 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: City of Fort Worth Police Department 350 West Belknap Street Fort Worth, Tx 76102 2. Application Number and/or Project Name Fort Worth Multi -Agency Task Force 4. Typed Name and Title of Authorized Representative Charles W. Daniels, Assistant City Manager 5. Signature MINIM 2014 Fort Worth Multi -Agency Task Force Agreement 3. Grantee IRS/Vendor Number 75--6000528 6. Date /0. /.,5 Page 5 of 5 M&C Review Page 1 of 2 ,OLANCIL AGENDA Official site of the City of Fort Worth, Texas FORT WORTH COUNCIL ACTION: Approved on 9/10/2013 - Ordinance No. 20896-09-2013 DATE: 9/10/2013 REFERENCE NO.: **C-26425 LOG NAME: J ai 35DEA MULTI-AGENC TASK FORCEI4 CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize Execution of an Agreement with the United States Department of Justice, Dru Enforcement Administration to Continue Participation in the Drug Enforcement Administration Fort Worth Multi -Agency Task Force, Authorize Reimbursement of Costs Associated with Participation in the Amount Up to $116,588.25 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 to continue participation in the Drug Enforcement Administration Fort Worth Multi -Agency Task Force; 2. Authorize the acceptance in the amount up to $116,588.25 for reimbursement of overtime workec by the assigned officers and support provided by a clerical employee; and 3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grants Fund in the amount of $116,588.25, upon execution of the Agreement. DISCUSSION: The Fort Worth Police Department (Police Department) has been an active partner in the Drug Enforcement Agency (DEA) Fort Worth Multi -Agency Task Force (Task Force) since the creation of the Task Force in 1985. The Task Force performs activities and duties to disrupt the illicit drug traffic in the Tarrant County area by immobilizing targeted violators and trafficking organizations, gathering and reporting intelligence data related to trafficking in narcotics and dangerous drugs, conducting undercover operations, where appropriate, and engaging in other traditional methods of investigatior 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. The Police Department has five officers assigned to the Task Force and the DEA reimburses the Citj of Fort Worth for overtime costs in the amount up to $17,202.25 per officer, per year. In addition, thi: Agreement will reimburse the City of Fort Worth the salary for one clerical support employee for administrative hours worked towards this Task Force in the amount not to exceed $35,859.20. During the period of assignment of officers to the Task Force, the City of Fort Worth wil remain responsible for establishing the salaries and benefits, including overtime, of the officers assigned to the Task Force. 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 Fiscal Year 2014 operating budget, as appropriated, of the Grants http://apps.cfwnet.org/council packet/mc_review.asp?ID=18719&councildate=9/10/2013 12/16/2013 M&C Review Page 2 of 2 Fund. The Police Department is responsible for requesting reimbursements and for the collection of revenues under this Agreement. TO Fund/Account/Centers GR76 451891 035423667000 3) GR76 5 (VARIOUS) 035423667010 $116,588.25 $116,588.25 Submitted for City Manager's Office by: Originating Department Head: Additional Information Contact: FROM Fund/Account/Centers Charles Daniels (6199) Jeffrey W. Halstead (4231) Aya Ealy (4239) ATTACHMENTS 35DEA MULTI --AGENCY TASK FORCE 14 A012.doc http://apps.cfwnet.org/council_packet/mc review. asp?ID=18 71 9&councildate 9/10/2013 12/16/2013