HomeMy WebLinkAboutContract 44965 (2)C1TY SECRETARY
CONTRACT NO. . 1(f1_
2014 STATE AND LOCAL TASK FORCE AGREEMENT
Dallas Field Division
Fort Worth Police Department
HIDTA 2
This agreement is made this 1st day of October, 2013, 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 objectivesof the HIDTA Group 2 Task Force, the FWPD agrees to detai l
six (6) experienced officers to the HIDTA Group 2 Task Force 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
RFCEIVED CGT 8 2013
HIDTA 2 FY TASK FORCE AGREEMENT PAGE 1 OF 5
RECEIVED SEP 33 2613
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 Task Force, 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 $17,202.25 , per
officer Note: Task Force Officer's overtime "Shall not include any costs for benefits, suck 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 litigation, claim, audits and examinations are completed and
resolved, or for a period of three (3) years after teiuziination of this agreement, whichever is later.
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
Responsibilit) 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
HIDTA 2 FY TASK FORCE AGREEMENT PAGE 2 OF 5
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.
14. 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 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 terns of this agreement.
For the Drug Enforcement Administration:
44eL„.
Daniel R. Salter
Acting Special Agent in Charge
Approval Recommended
For the Fort Worth Police Department
06 V, 44110365_15„
Jeffrey Halstead
Chief of Police
Fort Worth Police Department
CITY OF
By:
T WORTH:
)0e ease
Charles W. Daniels
Assistant City Manager
Date: 4flOt/3
APPROVED
By:
Jessica
Assistant
Date:
S TO FORM AND LEGALITY:
C\/Th(
VS a g��
City Attorney
Ifich3
Date: /6 '19^7o
Date: 09—2.+—/3
Contract Authorization:
M&C: L-vac "3 c4 I
Date Approved:
HIDTA 2 FY 14 TASK FORCE AGREEMENT
PAGE 3 OF 5
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 a uir d b Aeattl 13s2 T tle 31 onathee U.S. Coode, and
raaDtha treiuo,uuuafineea%oa) No Federal appropriate funds have been paid or will be paid,
y or on behalf of the undersigned, to any person for influencing
or attemptingto influence an Officer or employee of any agency,
a Member oCongress, an officer or employee of Congress, tor
an employee of a Member of Congress in connection with the
makingof an Federalrant the entering into of any
coopeative agreement, and extension, continuation, renewal,
amendment, or modification of any Federal grant or cooperative
agreement;
b , If an ;hinds other than Federal a r riated fund hav .be n
i�jd or e la to any person fo Influencin or atttemotiingef
nQpugence an o ulcer or etnplo ee p an a entyy a Mem a o°
a Mammal- or onereos in c' o ee ot Con (1re$ o j-ec em i ra g
ne tton With t is egera ran[ o
ggcotoQt��ppTmre1,ratitteQt adreemenn the ijnQersigoed s al corfip efe and
Activities, in accordance with its inM ructionsOSUre O 0 b In
ti Ttionoe ,nrsli0q�ded in t e awaaredoc tments rar airsuoawardsea
cooperative, vice? ats andlosuc c ntracg)y anndr trrat aft sub-
P
engineEllgION,
AND OTHER
pensuirn,.anbdvimEplemented atrefear Prt'67 fo pros to and
�FRcipart 7irbEtirelg7cmred transactions, a§ det,nedpact zu
A. The applicant certifies that it and its principals:
(a) Are not presently debarred, suspended, proposed for debar -
benefits by a State ineligible, sentenced
cow or to
excludeFederalr
covered transactions by any Federal department or agency;
Dbe Have not w�thn a three-year eJ d preceddnr this eapplication
en convicte otr hap a civilmart%me ren e e a a s e
obtaining �attempoting tuo ootaein,or per'ormingiain con ection wi
1.'e_gc 6)
u is (Federal State,. or local) tra ado orr }tr ct under ai
At utest fans. com m ssiondti s°tru teon�o remmen three ingorQrr
SP ents or receiving stolen property,
oo) Afire not presentllv tndictld for or(thergestcyminoarl`v arlcwillK
coo) Itisss t rottgicatvoor the offenses enumerated in paragraph (1)
(dee laves notowithinoa ol�tde ya?ar eeriod pXerded 1, tth't applicationor[co)
termini ea for caus er i e au t; ani ns lure eral, Sta e, r oca''))
stat Where in ethisPpcerrtification a he or certify tyshall aattacn of the
expianattion to this appclication.
GRANTEEFS OTHER THAN INDIVIDUALS)
As lerreireddd b erp u Frrteu7W8ukelarcr�e cttorof rr�1�9t8g8g,sand
cte inec at 28 Part Sections jfl1Band �i/.61U
dT a I' a tceeby: c rtities that it will or will continue to provide a
rug -tree eorrcCpia
a P b'shin a statem�eent noti to em levees that the
or
userkpwo, ce enntrsffeclf�vvin"isffie actso a El the aKe' ragainst
employees for violation oTsuch promMont
(nb)orm Estaempblishing n, on -going drug -tree awareness program to
(1) The dangers of drugs abuse in the workplace;
(2) The grantee's policy of maintaining a drug -free workplace;
a3) siavnce ptogrems aanceunseling, rehabilitation, and employee
aa) The allies that m t impo u en employees for drug
buse vroefations occurrtngvin pthe wor p ace;
mneoertncrit a reob r meet tttbt eagiv enmeggy to a enmteed it
e ante ran a even c of he s men
requiredoby partahgerap ka7;g ( by
(d} Notifying that, employee, a orndiiion ot .the statement grat,
ra ra 7i (eeJ e ploy w -
OJP FORM 4061/6 (3-91) REPLACES OJP FORMS 4061/2, 4062/3 AND 4061/4 WHICH ARE OBSOLETE
HIDTA 2 FY 14 TASK FORCE AGREEMENT
PAGE 4 OF
(1) Abide by the terms of the statement; and
ylola ionyo1 aecnmindai'edirru stain ooccurrinn� n the workplace no
a er an ive ca en ar days arer such conviction;
ion;
i(eoeNot f in tice agency,tmUnger suuwririan�.awhth o calendar e'a,nslo after
tospt% i� rece vi e a uaeS otts �o i95 potsuch iceb nett .no
m to er nvl Q x e t iu to
Na°si'nation,C 2 % e tsk, � inc the idenefificatlori
num e�r((s)) of each a acted grant e s a l Inc u e
de Takino one . of the foliowiae actions, within 3(0d)(canlendiar
respect to an yy �employeel wno is sorconvicte� ra z)
eegUloementspoi the r 211apilltBiTOtlef� tc t ati el 13ca samended o• f• rhe
aidse as iisi succe empi n}lifatIor Ipi Arasatisfactorily Itora drug
use as t an or a ca T� �t
Purposes r peer appropriate agency e, or o ea h, wen orcemen
(g) Making a good faith effort to, continue to maintain a drug- free
w�rkplaa ceflthreugh implementation of paragraphs (a), (b), (e), (d),
((eThe.grantee mayinsert in the ace. rovided below the site
s) folic gea performance of work acne in connection withtie
Placee ) of Performance (Street address, city, country, state, zip
ca
Check r if there are workplace on file that are not identified
ere.
Section 67
ee that
oa � � � m tinQeancgrtees and ttate�pag ncies
ea A co
may a ec o use
Check C if the
State has elected to complete OJP Form
4061
(GRANTEES WHO ARE INDIVIDUALS)
As implerrei fed CFfby iPhe CFKjgrte ris%unT se F f Act of 1988,ntee and
e tnec a ar ecttoris an'd bf.g2antees, as
Ah As ayy o di ion
t.of the grant .IUoerttfy that 1 willl not engageg�in
r use I of a� manufacture,
ntruolle fdu substan e inn condiitiontnariy activity with
the grant anti
B. If convinced of a criminal drug offense resulting from
violation occurring during the conduct of any grant activity, I will
report the conviction, in writing within 1,0 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:
City of Fort Worth, 1000 Throckmorton, Fort Worth, Texas 76102
2 Application Number and/or Project Name
FY 14 State and Local Task Force Agreement-HIDTA 2
4, Typed Name and Title of Authorized Representative
esL�L, v t .Fe 5 may c. v1, ‘A 1ickN 5.S \ 5'_ 1A
5. Signature
3. Grantee IRSNendor Number
fX , /No_ Q s 9
6. Date
75-6000528
HIDTA 2 FY 14 TASK FORCE AGREEMENT
PAGE 5 OF 5
Explanation for Certification Regarding Debarment, Suspension
and other Responsibility Matters Section
In an effort to fully disclose information related to the questions posed in this section, the
City provides this explanation In 2011, eight City of Fort Worth officers were indicted
for misconduct related to several Texas Department of Transportation (TxDOT) Selective
Traffic Enforcement Program grants. The funding for those grants originates from the
federal government — the National Highway Traffic Safety Administration to be specific
— and flows through TxDOT to the City of Fort Worth. Officers are alleged to have
falsified traffic tickets in an effort to acquire overtime compensation for hours which they
did not work. The officers were indicted for tampering with a governmental record and
theft. The charges are currently pending before the Tarrant County District Court. None
of the relevant officers are currently employed by the City of Fort Worth.
Based on the definition of "principal" in 28 CFR Part 67, the City does not believe that
the officers involved in the above described incidents qualify as ` principals' for purposes
of prohibiting the City from certifying the information on the `CERTIFICATION
REGARDING DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY
MATTERS' section.
Pursuant to 28 CFR Part 67, "Principal" is defined in Section 67.995 to mean
(a) An officer, director, owner, partner, principal investigator, or other person within
a participant with management or supervisory responsibilities related to a covered
transaction; or
(b) A consultant or other person, whether or not employed by the participant or paid
with Federal funds, who —
(1) Is in a position to handle Federal funds or
(2) Is in a position to influence or control the use of those funds; or
(3) Occupies a technical or professional position capable of substantially
influencing the development or outcome of an activity required to perform the
covered transaction.
The officers involved in the above described misconduct did not have supervisory
responsibilities related to a covered transaction, nor were the officers in a position to
handle federal funds, influence or control the use of the funds, or in a position capable of
substantially influencing the development or outcome of an activity required to perform
the functions of the grant. Therefore, the City certifies that the information contained in
the section entitled "DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY
MATTERS" is true, while disclosing the above indictments and stating that the former
officers involved in the misconduct do not qualify as principals.
M&C Review
OUNCIL ` GENDA
COUNCIL ACTION: Approved on 8/13/2013 - Ordinance No. 20862-08-2013
DATE: 8/13/2013 REFERENCE NO.: **C-26391 LOG NAME: 352014 HIDTA 2
CODE: C TYPE CONSENT PUBLIC HEARING: NO
SUBJECT: Authorize Execution of an Agreement with the United States Department of Justice,
Drug Enforcement Administration for Reimbursement of Overtime Costs in the Amount
Up to $103,213.50 for Participation in the North Texas High Intensity Drug Trafficking
Area Task Force Group 2 for Fiscal Year 2014 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 for participation in the North Texas High Intensity Drug Trafficking
Area Task Force Group 2 for Fiscal Year 2014;
2. Authorize the acceptance of the amount up to $103,213.50 for the reimbursement of overtime
costs for six officers assigned to the North Texas High Intensity Drug Trafficking Area Task Force
Group 2; and
3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in
Grants Fund in the amount of $103,213.50 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) Task Force Group 2 (Task Force) since 1999. 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 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 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 six officers to
the Task Force When funds are available from the Department of Justice, Drug Enforcement
Administration, overtime costs will be reimbursed to the City of Fort Worth. Overtime is estimated
not to exceed $103 213.50.
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 Fund The Police Department is responsible for requesting reimbursements and for the
collection of revenues under this Agreement.
FORT WORTH
http://apps.cfwnet.org/council_packet/mc review.asp?ID=18718&councildate=8/13/2013[10/8/2013 3:20:20 PM]
M&C Review
TO Fund/Account/Centers
31 GR76 451891 035423666000
31 GR76 5
(VARIOUS) 035423666010
$103 213 50
$103.213.50
Submitted for City Manaaer's Office by:
Oriainatina Department Head:
Additional Information Contact:
ATTACHMENTS
352014 HIDTA 2 A012.doc,
FROM Fund/Account/Centers
Charles Daniels (6199)
Jeffrey W. Halstead (4231)
Aya Ealy (4239)
http://apps.cfwnet.org/councilpacket/mc review.asp9ID=18718&councildate=8/13/2013[10/8/2013 3:20:20 PM]