HomeMy WebLinkAboutContract 44966 (2)SECRETARYCITY
RACT NO.CONT� IO�.P,....
2014 STATE AND LOCAL TASK FORCE AGREEMENT
Dallas Field Division
CITY OF FORT WORTH
TASK FORCE GROUP 2 DFW AIRPORT
This agreement is made this 1st day of October, 2013, between the United States Department of
Justice, Drug Enforcement Administration (hereinafter "DEA"), and City of Fort Worth
(hereinafter "City of Fort Worth"). 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
Dallas/Fort Worth area and that such illegal activity has a substantial and detrimental effect on
the health and general welfare of the people of Dallas/Fort Worth area.
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 Dallas/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 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 DFW Airport Task Force, the City of Fort Worth agrees
to detail two (2) expenenced officers to the DFW Airport Task Force for a period of not less than
two years. During this period of assignment, the two officers will be under the direct supervision
and control of DEA supervisory personnel assigned to the Task Force.
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3. The City of Fort Worth 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 City of Fort Worth 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 DFW Airport Task Force, DEA will assign three (3)
Special Agents and one (1) supervisor 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 City of
RECEIVED SEP272013
RECEIVED OCT " 8 2013
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Fort Worth 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 DFW Airport Task Force, the City of Fort Worth 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_City of Fort Worth for overtime payments made by it to
City of Fort Worth officers assigned to the DFW Airport 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 City of Fort Worth charge any indirect cost rate to DEA for the
administration or implementation of this agreement
8. The City of Fort Worth 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 of Fort Worth 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 of Fort Worth
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 City of Fort Worth 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 of Fort Worth 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 of Fort Worth acknowledges that this agreement will not take effect and no Federal funds
will be awarded to the City of Fort Worth 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
City of Fort Worth 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.
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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
the date of termination of this agreement. DEA will be responsible only for obligations incurred
by City of Fort Worth during the term of this agreement.
ACCEPTED AND AGREED:
For the Drug Enforcement Administration:
Daniel R. Salter
Acting Special Agent in Charge
For the City of Fort Worth:
BY: CasisMirr,.,ls.•�
Charl�s-W. Daniels
Assistant City Manager
Date: D9 27. /3
APPROVAL RECOMMENDED:
By: �..y cv
Jeffrey `Halstead
Chief of Police
Date: 1?• 23/3
APPROVED AS TO FORM
AND LEGALdTY:
By:(\n(Y)
Jessica Sang .ne
Assistant Cit ttorney
Contract Authorization:
M&C: C: — Z.Co 34-
Date Approved: A I t1° Ir3
ATTEST:
By:
Mary J. Kays
City Secretary
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Date: /° � � " Z01,3
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 hnforcement 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
ITY OUNCIL `.GENDA
BIM
FORT WORT!'
COUNCIL ACTION: Approved on 8/13/2013 - Ordinance No. 20863-08-2013
DATE 8/13/2013 REFERENCE NO.: **C-26392 LOG NAME 35DEADFWTF14
CODE C TYPE: CONSENT PUBLIC HEARING: NO
SUBJECT: Authorize Execution of an Agreement with the United States Department of Justice,
Drug Enforcement Administration to Continue Participation in the Drug Enforcement
Administration Dallas/Fort Worth Airport Task Force, Authorize Acceptance of the
Amount Up to $34 404.50 for the Reimbursement of Overtime Costs and Adopt
Appropriation Ordinance (ALL COUNCIL DISTRICTS)
vivirniv
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
Dallas/Fort Worth Airport Task Force;
2. Authorize the acceptance of the amount up to $34,404.50 for the reimbursement of overtime
costs for two officers assigned to the Task Force; and
3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in
the Grants Fund in the amount of $34,404.50, upon execution of the Agreement.
DISCUSSION:
The Fort Worth Police Department has been an active partner in the Drug Enforcement Agency
(DEA) Dallas/Fort Worth Airport Task Force (Task Force) since 1985 The current Agreement
expires on September 30, 2013 and the Police Department would like to continue participating on
the Task Force There are two officers assigned to the Task Force. The DEA will reimburse the
City of Fort Worth for overtime costs, including salary and benefits, up to the amount of
$17,202.25 per officer, per year.
During the period of assignment to the Task Force, the City of Fort Worth will remain responsible
for establishing the salaries and benefits, including additional overtime if necessary 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 Fund The Police Department is responsible for requesting reimbursements and for the
collection of revenues under this Agreement.
TO Fund/Account/Centers FROM Fund/Account/Centers
31 GR76 451891 035423668000 $34.404.50
http://apps.cfwnet.org/council_packet/mc_review.asp7ID=18716&councildate=8/13/2013 [10/8/2013 3:23:02 PM]
M&C Review
GR76 5(VARIOUS) 035423668010
$34.404.50
Submitted for City Manaaer's Office bv: Charles W. Daniels (6199)
Oriainatina Department Head: Jeffrey W. Halstead (4210)
Additional Information Contact: Aya Ealy (4239)
ATTACHMENTS
35DEADFWTFI4 A013 (31.doc
http://apps.cfwnet.org/council packet/mc_review.asp?ID=18716&councildate=8/13/2013[10/8/2013 3:23:02 PM]