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HomeMy WebLinkAboutContract 56642 CITY SECRETARY u rEC I "ONTRA'—NO. OCT 1 1 2� RAM-FUNDED STATE AND LOCAL FORCE citynrFORT TASK F AGREEMENT CITY src / 9�OZI DALLAS FIELD DIVISION 0 �qN1,RT/� TASK FORCE GROUP (FORT WORTH) Rr FORT WORTH POLICE DEPARTMENT This agreement is made this 1st day of October, 2021, 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 trafficking 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 Task Force Group (Fort Worth) 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 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 Task Force Group (Fort Worth),the City agrees to detail three (3) experienced officers to the Task Force Group (Fort Worth) 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 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 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 Task Force Group (Fort Worth), DEA will assign seven (7)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 acitivies of the DEA Special Agents and 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. OFFICIAL RECORD CITY SECRETARY FT WORTH,TX 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 officers 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 30 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." The salary of the clerical support will also be reimbursed to the City in the amount not to exceed$33,903,which is based on a GS-06, Step 1,taken from the 2021 General Schedule (Base), without locality pay. 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 later. 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 andl. 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. 12. When issuing statements, press releases, requests for proposals, bid solicitations, and other documents describing projects or programs funded in whole in part with Federal money,the City 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, 2022. 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 during the term of this agreement. For the Drug Enforcement Administration: �cy-28 -- Date: Eduardo A. Chdvez Special Agent in Charge Dallas Field Division ;Forthe Cit Fort ort Date: Noakes Chief of Police City of Fort Worth Date: Jay Chapa Deputy City Manager City of Fort Worth APPROVED AS TO FORM AND LEGALITY Date:71� lB �Z1 ay r C. Paris Assistant City Attorney ATTESTED BY: f�. \ F Date Lo 13)a/ l R of P. Go nza us Actiyj CONTRACT COMPLIANCE MANAGER: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performanc and reporting requirements. 6�A4kdiA Y Date: Adriana Gonzales Financial Compiance Analyst I L�Ft U.S. DEPARTMENT OF JUSTICE 1 OFFICE OF JUSTICE PROGRAMS f OFFICE OF THE COMPTROLLER CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS; AND DRUG-FREE WORKPLACE REQUIREMENTS i jApplicants 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 iVc (Federal .State,.or Local) tea sactio or co tr ct undertransaction;. violation of ede a� or to ntitrusAs e uir d b gge�tlon 1352 Tale 31 of the U.,S. Code, and tes o commission of embez cment, �heorr , imp�ernen ed 28 CFR Part 691`00IIpp rsons e to in into t er falsification.or destruction otz records, making �alsye Rr co a ative reeme t over'�1UU,e600, as �efine� at 2 2 stater>Y nfk or receiving stolen property; art 6e the app�iant ceifies that: i Are not present) indict d fot or th rwise criminall or civtll �a) No Federal appropriate funds have been paid or will be paid, ar ed by a fgovApji ntafpnttX (�e�eral, St�te, or l0al)wi K y or on behalf of the undersigned, to any person for influencing mri{osion anty o e o ens s enumerate in paragraph �1) or attemptingg to influence an officer or employee of any agency, $ o is cer ifica ion;and a Member o1 Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any Federal rant the entering into of any �d��Have not within aTree-yaeareriod ec8eding tthi ap�liclatior coo erative agreement, and extension, continuation, renewal, on r more pu i ttr sa ionse era), Sta e, r oca amendment, or modificationdof any Federal grant or cooperative terminaec�for cause or dcefau t;and ) agreement; B. Where the a plica�� is.unable to c rtify to an f the statemepts in thisp cortirti.cation, he or s�ie shall ahca an b If an ff ds ofher than Federal a r riated funds have been explanation to this application. id orwNd id to an rson fo Qn �iencm or ahteem ttin to uence an o cer or eyrr��o ee ? an a eno a Me bell of a�n ress ar officer or em o ee of Co res 6 ara emploee of vl�mbet o on ress i co ne tioo t t iS Fe era grant or DRUG-FREE WORKPLACE copppp era t1 ee are nP�1t, qhe ersi s S air co plIea and GRANTEES OTHER THAN INDIVIDUALS) uprrltt y tant�arde Form u��, Isclosure oT Loabying ct121es, in accordance with its instructions; As re wired b e D Fre W rkplartce q t ofpr�1988, and anlerr�ented �Ff rt �7, S�ub6p�615' nd b/�t �s, as e ine at 28 art �Sections The undersi ne sh II re wire that the la u e of this cer- a cpiers p iricluddn s�iWannts, gontr ctss unArsubaa�t�rdaraj A Thee pwgliicCp�acePby ies that it will orwill continue to provide a coo erativ ree ens nd su contr cts an titgat a sup reci cents shaNcer i ansd Disclose acco in9y. (a P blishin a stat meet noti in empplo ees that the u law p rnI ufa��ttu�e �'stttnbutioo, disppNrrlsin �ossessior� qr wo lacy nut ll e' f sin sthan a is svni ite in thetak rn �INITS�l,( P ION,AND OTHER employees or vi�aUo�i o�sucPh prohibition; against I;�` W Establi�hin�an on-going drug-free awareness program to As required b Executive Ord r 12549, Debarment end orm emp oy s about- S�u pc nan�n,ian�iearem�ruted�ettra saFRons,6aAe1 eopaFN �FR Part 97,�S�ction�7.5e1�- (1)The dangers of drugs abuse in the workplace; A. The applicant certifies that it and its principals: ( 1 (2)The grantee's policy of maintaining a drug-free workplace; (a)Are not presently, debarred, suspended, proposed for debar- 835s staynce prog�amsuga��unseling, rehabilitation, and employee ment declared ineligible, sentenced to a denial of Federal benefits by a State or t-ey eral�court, or voluntarily excluded gfro y L41 The�gr�alties that may b imposded upon employees for drug covered transactions b an Federal de artment or a enc ; Huse v o a ions occurring in he wo a e; c) Mak'n it a re r ment that eaQh err Io ee to be en ed i b) Have not with n a thur a-yea er�Od recedintq t�is�aopli tion he per>`o nancea P%e rant be given c�py of the sta omen een convicted o r h a civi, d e t rende e a a nstcethe required y paragraphh (a�; oar commis on of. rau r a cn m o ense m con ecUon wdti taming,a�Eempting to o�itain,or per orming a ceN f� t�hh t e nalR l u�th t,as apcooyndetion of empisoyment undergt�ie gray P Y OJP FORM 4061/6(3-91)REPLACES OJP FORMS 4061/2,4062/3 AND 4061/4 WHICH ARE OBSOLETE. V 9/22/2021 M&C Review Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA FORTH DATE: 9/21/2021 REFERENCE **M&C 21- LOG NAME: 35FY2022 TASK FORCE GROUP NO.: 0720 FT. WORTH CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: (ALL) Authorize Execution of an Agreement with the United States Department of Justice, Drug Enforcement Administration for Reimbursement of Overtime Costs in an Amount Up to $92,019.00 for Participation in the Task Force Group Fort Worth for Fiscal Year 2022, Authorize Execution of Asset Forfeiture Sharing Agreement and Adopt Attached 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 Task Force Group Fort Worth for Fiscal Year 2022; 2. Authorize the execution of an Asset Forfeiture Sharing agreement governing the Task Force Group Fort Worth Task Force equitable sharing requests and participation in the United States Department of Justice Equitable Sharing Program; 3. Authorize the acceptance of funds, in an amount up to $92,019.00, for the reimbursement of overtime costs for three officers assigned to the Task Force Group Fort Worth; and 4. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grants Operating Other Fund, subject to receipt of the grant, in an amount up to $92,019,00, for the purpose of reimbursements of overtime costs for participation in the Task Force Group Fort Worth for Fiscal Year 2022. DISCUSSION: The Fort Worth Police Department has been an active partner in the Drug Enforcement Administration (DEA) Task Force Group Fort Worth (Task Force) since its creation in 1985. Officers assigned to the Task Force perform activities designed to disrupt illicit drug trafficking in the Tarrant County area. The duties of the Task Force include gathering and reporting intelligence data related to trafficking narcotics and dangerous drugs, conducting undercover operations and engaging in other traditional methods of investigations. Currently there are three officers assigned to the Task Force. Each officer must be detailed to the Task Force for a period of no less than two years. Pursuant to the agreement, the DEA will reimburse the City of Fort Worth up to $58,116.00 for three officers' overtime expenses. Additionally, the agreement reimburses the City of Fort Worth in an amount up to $33,903.00 for a portion of one clerical employee's salary for performing administrative tasks related to the Task Force, totaling of $92,019,00. Indirect costs are not eligible for reimbursement. The City of Fort Worth is not required to provide matching funds. 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, in the Grants Operating Other Fund. The Police Department (and Financial Management Services) will be responsible for the collection and deposit of funds due to the City. Prior apps.cfwnet.org/counciI_packet/mc_review.asp?ID=29268&counciIdate=9/21/2021 1/2 9/22/2021 M&C Review to an expenditure being incurred, the Police Department has the responsibility to validate the availability of funds. This is a reimbursement grant. TO Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year (Chartfield 2) FROM Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year Chartfield 2 Submitted for City Manager's Office by: Jay Chapa (5804) Originating Department Head: Neil Noakes (4212) Additional Information Contact: Sarah Shannon (4254) Adriana Gonzales (4217) ATTACHMENTS 35FY2022 TASK FORCE GROUP FT.WORTH 21003 A021(r4) revised.docx apps.cfwnet.org/counciI_packet/mc_review.asp?ID=29268&counciIdate=9/21/2021 2/2