HomeMy WebLinkAboutContract 28047 CI-1 Y SECRETARY "' -i
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CONTRAC7 NO. C��(j
DALLAS DIVISION/FORT WORTH MULTI-AGENCY TASK FORCE AGREEMENT
This agreement is made this 1.":" day of October 2002, between the United
States Department of Justice, Drug Enforcement, Admin.-i.stration
(hereinafter 'IDEA" ) , and the Fort Wo.-)-0i Pol-ice Department, ('-'ity of
Fort Worth, Tarrant County, rexas (hereinafter "FWPD" )
WHEREAS there is evidence that. trafficking in nai,cotics and dangerous
drugs exists in the Fort Worth, Tart-ant County area and that such
illegal. activity has a substantial and detrimental effect on the
health and general. welfare of the peopl.e of th.e Fort, Worth, Tarrant
County area, the parties hereto a.gree to the following:
1 , Tlie Fort Worth Multi-Agency 'J.'ask Force will. pet,.Morm the activities
and duties described below:
a . Disrupt the il.'Licit drug traffic i.n the Fort Worth, Tarrant,
County area by immobilizing targeted. viol.atox-s and traff.icking
organizations;
b. Gather and report intel-li-gence data rel.ating to trafficking in
narcotics and dangerous drugs; and
c. Conduct undercover operations where appropriate and engage in
other tx,-aditiorial. methods of investigation in order that the "llask
Force' s activities will. result in effective prosecution. before the
courts of the United States and the State of rexas ,
2 . To acco:rnplisl.i the objectives of the Fort Worth Mu.-I.ti -Agency Task
Force, the FWPD agrees to detail five experienced office-rs and one
clerical support person to the 'I'ask Force for a period of not less
than two years . During this period of assigrunent, the 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 . Fa.ilure to adhere to DEA policies and
procedures shall. be g:r.-ounds for dismissal. Lrom. the 'P ask Force.
4 . The FWPID Officers assigned to the `I'�ask Force shall be deputized as
,rask Force Officers of DEA pursuant to 21 U.S.C. 878 .
5 . '"ro accomplish the objectives of the Task Force, DEA wi.11 assign
the appropriate number of Special. Agents to the Task Force. DEA wi.11.
a1so, subject to the ava.ilability of annually appropriated funds or
any continuing resolution thereof, provide necessary funds and
equipment to support the act:i,vities of the DEA Special Agents and
the state and local, officers assigned to the Task Force. This support
will. include: office space, office supplies, travel funds,
the purchase of eviderice and information, investigative equipment,
training, and other support items .
6 . During the period of assignment to the Fort Worth Multi-Agericy Task
Force, the F'WPJD will.. remain responsib."le for establ.ishing the salary
ari.d benefits, includi,ng overtime, of the off.-.Lcers assigned to the Task
Force, arid. for inaking all payments due them. IDEA will, subject to
availability of funds, reimburse the FWPD for overtime payments made
by i.t to the FWPJD for the assigned officers to the Task. Force for
overtime, tip to a sum equivalent to 25 percent of the salary of a GS-
1.0, step l-, Federal empl.oyee (currently $9, 801 . 00) , per officer.
7 . In no event will the F'WPD charge any indirect cost rate to DEA for
the ac,Jministration or implementat:iori of this agreement,
8 . The FWPD shall maintain On a CUrrent ba.si.s complete arid accurate
records and accounts of all obligations and expenditu,res of funds
under this agreement in accordance with generally accepted, account-LrIg
pr-inciples and instructions provided by DEA to facilitate on-site
inspection and auditing of such records and accounts .
9 . Tho FWPID shall, permit and have readily ava.ilabl.e for examination
arid auditing by IDEA, the United States Department of Justice, the
Comptroller General of the United 13tates, and any of their duly
authorized agents and representatives, any and all r-ecords, documents,
acCOUnts, i,,Tavoices, receipts or expenditures relating to this
agreement . The FWPE) shall inainta.in all,. such reports and records until..
all audits and exam-iriations are completed and resolved, or.- for a
period. of th.t.-ee (3) years after termination of this agreement,
whichever is sooner.
10 . The F'WPD shall. comply with Title VI of the Civ.-.Ll Rights Act of
1964, Section 504 of the Rehabilitation Act of 1,973 , the Americans
with Disabilities Act (as incorporated in the Civil. Rights Act of
1991) and all. requirements iml.posed or pursuant to the regulations of
the United States Department, of Justice implementing those laws, 28
C 1
. F.R.. Par t 42 C
, Subparts , ID, and F.
11 . The FWPD agrees that an authorized officer or employee wil.l..
ex(:-=cute: and return to IDEA the attached OJP Form 4061/6, Certification
Regarding Lobby-ing; Debarment, Suspension and Other Responsibi'Lity
Matters; and Drug Free Workplace Requirements . The FWPID acknowledges
that this agreement will not take effect and no Federal funds will, be
awarded to the FWPD by IDEA until.. the completed certification is
received.
12 . When issuing statements, press releases, requests for proposals,
bid solicitations, and other documents descrr:ibing projects or programs
funded in. whole or in part with Federal. money, the FWPID sha,11 clearly
state: (1) the percentage of the total. cost of the prog 'I. pro '
, I I
(2) the
which will. be financed with Federal money and
Federal. funds for the project or program.
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13 . 'r.'he term of this agreement shall. be from the date of signature by
representatives of both parties to September. 30, 2003 . This agreement
may be termi-nated by either party on thi.rty days ' advance written
notice. Bil.l.ings 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 the FWPD during
the term of this agreement.
For the Drug Enforcement Administration:
Date:
Sherri. F'. Strange
Special Agent in Charge
Fort Worth Police Department, City of Fort Worth, Texas:
Date:
....................
Name
Chief of Police
..........................................
1li t] e
APPROVED AS TO FORM AND LEGALITY:
......................... Date:-
Assistant City Attorney
APPROVE /FOR CITY MANAGER'S OFFICE:
B Date:
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ATT T:
Date:
..........
City Se I e 6,r
Contract Puthorization h 1('gv t,
Date
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U. S. DEPARTMENT OF JUSTICE
OFFICE OF JUSTICE PROGRAMS
OFTICE 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 form. 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 Debarment and Suspension (Nonprocurement) and Government-wide
Requirements for Drug-Free Workplace (Grants)," The certifications shall be treated as a material
representation of fact upon which.reliance will be placed when the Department of Justice determines
to award the covered transaction, grant, or cooperative agreement.
1. LOBBYING
As required by Section 1352, Title 31 of the U.S. Code, and implemented at 28 CFR Part 69, for persons
entering into agrant or cooperative agreement over 5100,000, as defined at 28 CFR Part 69, the
applicant certifies that:
(a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned,to any person for influencing or attempting to influence an officer or employee
of any agency, a Member of Congress, an officer or employee of Congress, or an employee
of a Member of Congress in connection with the making of any Federal grant, the entering
into of any Cooperative agreement, and the extension,continuation, renewal, amendment, or
modification of any Federal grant or cooperative agreement,
(b)If any funds other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a
Member Of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with this Federal grant or cooperative agreement, the undersigned
shall complete and submit Standard Form -LLL, "Disclosure of Lobbying Activities," in
accordance with its instructions-,
(c) The undersigned shall require that the language of this certification be included in the
award documents for all subawards at all tiers (including subgrants, contracts under grants
and cooperative agreements, and subcontracts) and that all sub-recipients shall certify and
disclose accordingly,
2. DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS (DIRECT
RECIPIENT)
As required by Executive Order 12549, Debarment and Suspension, and imple e tation at 28 CFR Part
defined 67, for prospective participants in primary covered transactions, as dell men at 28 CFR Part 67, Section
67.50-
A. The Applicant certifies that it and its principals:
(a) Are not presently debarred, suspended,proposed for debarment, declared ineligible,
sentenced to a denial of Federal benefits by a State or Federal court, or-voluntarily excluded
from covered transactions by any Federal department or agency;
(b) Have not within a three-year period preceding this application been convicted of or had a
civil judgment rendered against them for commission of fraud or a criminal offense in
connection with obtaining, attempting to obtain, or performing a public (Federal, State, or
local)transaction or contract under a public transaction; violation of Federal, State, or local)
transaction or contract under a public transaction; violation of Federal or State antitrust
statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction
of records, making false statements,or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a government
entity (Federal, State, or local)with commission of any of the offenses enumerated in
paragraph(1)(b) of this certification;and
(d)Have not within a three-year period preceding this application had one or more public
transactions (Federal, State, or local)terminated for cause or default; and
B, Where the applicant is unable to certify to any of the statements in this Certification, he or she shall
attach an explanation to this application
1 DRUG-FREE WORKI>LACE (GRANTEES OTHER THAN INDIVIDUALS)
As required by the Drug-Free Workplace Act of 1988, and implemented at 28 CFI Part 67, Subpart F,
for grantees, as defined at 28 CFA Part 67,615 and 67.620-
A. The applicant certifies that it will or will continue to provide a drug-free workplace by:
(a)Publishing a statement notifying employees that the unlawful manufacture, distribution,
dispensing,possession,or use of a controlled substance is prohibited in the grantee's
workplace and specifying the actions that will be taken against employees for violation of
such prohibition;
(b) Establishing an on-going drug-free awareness program to inform employees about--
(1) The dangers of drug abuse in the workplace;
(2) The grantee's policy of maintaining a drug-free workplace;
(3) Any available drug counseling, rehabilitation, and employee assistance programs; and.
(4) The penalties that may be imposed upon employees for drug abuse violations occurring
in the work-place;
(c)Making it a requirement that each employee to be engaged in the performance of the
grant be given a copy of the statement required by paragraph(a);
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(d)Notifying the employee in the statement required by paragraph (a) that, as a condition of
employment under the grant, the employee will--
(1) Abide by the terms of the statement; and
(2) Notify the employer in writing of his or her conviction for a violation of a criminal drug
statute occurring in the workplace no later than five calendar days after such conviction;
(e) Notifying the agency, in writing,within 10 calendar days after receiving notice under
subparagraph (d)(2) from an employee or otherwise receiving actual notice of such
conviction. Employers of convicted employees must provide notice, including position title,
to: Department of Justice, Office of Justice Progams,Al"IN: Control Desk, 633 Indiana
Avenue, N.W,,, Washington, D,C. 20531. Notice shall include the identification number(s)
of each affected grant;
(f) Taking one of the following actions,within 30 calendar days of receiving notice under
subParagraph(d)(2), with respect to any employee who is so convicted-
(L) Taking appropriate personnel action against such an employee, up to and including
termination, consistent with the requirements of the Rehabilitation Act of 1973, as
amended; or
(2) Requiring such employee to participate satisfactorily in a drug abuse assistance or
rehabilitation program approved for such purposes by a Federal, State, or local health, law
enforcement, or other appropriate agency;
(9) Making a good faith effort to continue to maintain a drug-free workplace through
implementation of paragraphs (a), (b), (c), (d), (e),and(f).
13. The grantee may insert in the space provided below the sites)for the perform ce of work done in
i
connection with the specific grant: e rf an
Place of Performance (Street address, city, county, state,zip code)
Check if there are workplaces on file that are not identified here.
Section 67,630 of the regulations provides that a grantee that is a State may elect to make one
certification in each Federal fiscal year. A copy of which should be included with each application for
Department of Justice funding. States and State agencies may elect to use ?JP Form 406107.
Check if the State has elected to complete OJP Form 4061/7.
DRUG-FREE WORKPLACE (GRANTEES WHO ARE INDIVIDUALS)
As required by the Drug-Free Workplace Act of 1988, and implemented at 28 CFR Part 67, Subpart F,
for grantees, as defined at 28 CFR Part 67; Sections 67.615 and 67.620--
A. As a condition of the grant, I certify that I will not engage in the unlawful manufacture, distribution,
dispensing, possession or use of a controlled substance in conducting any act'
grant; and
V1,
13. 1f convicted of a criminal drug offense resulting from a violation occurring during the conduct of any
grant activity, I will report the conviction, in writing, within 10 calendar days of the"Conviction, to:
Department of Justice, Office of Justice Programs, ATTN: Control Desk, 633 Indiana Avenue, N,W.,
Washi-ngton,D.C. 2053 1
As the duly authorized representative of the applicant, I hem-by certify that the applicant will cornp ly
with the above certifications.
7,
2. .......................... ...............
Application N=%ber aad/Qr Project Name ......e 3.., Grantee IRS/Vendor C'S C=bp
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4. Typed Name aMd Title of Authorized Representative
S Date
OJP FORM 4091/6 (3-51) REPLACFS 0,7P FORMS 4061/2 AND 4061/4 WHICH AHZ OaSOLZM
If IV/
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