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HomeMy WebLinkAboutContract 28048 CITY SECRETARY N(5. DALLAS DIVISION/DFW AIRPORT TASK FORCE AGREEMENT ,I,his agreement is made this l"' day of October 2002 , between the United States Department of Justice, Drug Enforcement Administration (herei naf ter "DEA" ) , and the Fort Worth 1--)o 1.ice Department, City of Fort Worth, 'Tarrant County, Texas (here.inafter "FWPD" ) . WHEREAS there is evidence that trafficking in naxcot.ics and dangerous drugs through the Dallas/Fort Worth International Airport area and that such illegal activity has a subs tanti.al. and detrimental effect on the health and general welfare of the people at the E)FW International Airport, the parties hereto agree to the foll.owing : I. , 'The DFW Airport 'I'lask, Force will. perform the activ.ities and duties described below: a . I.)!.sruPt the illicit drug, traffic through the DFW` Airport area., by irrmiobilizing targeted \riolators and traffick.ing organizations; b. Gather and report Intelligence data. relating to traffi,ckil.'ig in narcotics and dangerous drugs; and c . Conduct undercover opei,ations where appropriate aiad erigage in other traditional methods of i.nvestigation in order that the Task Force' s activities will :result in. effective prosecution before the courts of the United States and the State of `Pe gas . 2 . 'Io accomplish the objectives of the D Airport 'Task Force, the FWI'ID agrees to detail.. four experienced officers to the Task Force for a. period of not less than two years . Du:.rin.g this period of assignment, the F'WPD Officers will be Unde:r the direct supe�rvision and control. of DEA supervisory personnel.. assigned to the Task;. Force. 3 . The FWPD Officers assigned to the 'Task Force sha."I.I. adhere to DEA policies and procedures . Failure to adhere to DEA policies and procedures shall be grounds for dismissal. from the 'Pask. Force. 4 . ".rhe FWPD Officers assigned to thew Task Force sha.11. be deputized as Task Force Officers of DEA pursuant to 21 U. S.C. 8'/8 . 5 . ".To accomplish the objectives of the D Airport 'Task Force, DEA will- assign the appropriate number of Special. Agents to the 'Task Force. DEA will al.so, 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 state and local. officers assigned to the 'Task Force. rI'his support wi-11 ir.iclude: office space, office SUPPlieS, travel. funds, funds for the purchase of evidence and in,forrTiation, investigative equipment, training, and other support items , D Q),F F I�C.E �L �9** 0y ry 6 . During the period of assignment to the DFW Airport rask Force, the FWPD will. remain responsible for establishing the salary and. benefits, iricluding 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 FWE'D for overtirne payments made by it to the FWPD Officers assigned to the Task Force for overtime, up to a sum equivalent to 25 percent of the salary of a GS 1.0, step 1 , Federal employee (currently $9, 801 . 00) , per officer. 7 . In. no event will the FWPD charge any indirect cost rate to DEA for the administration or implementat.",Lon of this agreement. 8 . The FWPI) shall inaintain on a current basis complete and accurate records and accounts of al.1 obligat.-i.ons arid expenditures of funds tinder this agreement in accordance with generally accepted accounting pr­inc.iples and instructions prov.Lde(I by DEA to facilitate on.--site inspection and auditing of such records and accounts . 9 . rhe FWPD sha'I Ll permit and have rea,dil,y available for exam i na ti on and auditing by DEA, the L)nited States Department of Justice, the Comptroller (],eneral of the United States, and any of their dul authorized agents and representatives, any and all records, documerits, accounts, invoices, receipts or expenditures relating to this agr-eement. 9'he FWPD shall. maintain all such reports and. records Lintil all audits and examinations are completed an.d, resolved, or for a pe'riod of three (3) years after termination of this agreement, whichever is sooner. n . rhe FWT."T shall comply with Title V1. of the Civ.-L1, Rights Act of 1.964, Section 504 of the Rehabilitatiorn Act of 1973 , the Americans with Disabilities Act (as incorporated in the Civil- Rights Act-, of 1991) and all requirements imposed or pursuant to the regulations of the Un..i.ted States Department Of Justice imp.lerrienting those 'Laws, 28 C.F.R.. Part 42, Subparts C, D, and F. 11 . The FWPD agrees that an authorized officer- or employee will. execute and return to DEA the attached OJP Form 4061/6, Certifi coati ern Regarding I.,obbying; Debarment, SuspensioT.,i and Other Responsibi.-lity Matters, and Drug-Free Workplace Requirements . T'he FWPD acknowledges that this agreement will. riot take effect and no Federal.. funds wil.]. be awarded. to the FWPD by DEA until the campleted certification -..is received. 1.2 . When issuing statements, press releases, requests for proposals, bid soliciitations, and other docuinents 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. e by 13 . 'Phe term of this agreement shall. be from the,: W r event, rep"resentati,ves of both parties to September 30, 2 K's, Pu I may be terminated, by either party on. thirty days ' advance written notice. Bill.ings for all outstaT-.iding obligations must be received by DEA witM,n 90 days of the date of term.ination of this agreement. IDEA will be responsible only for ob-ligat.ions incurred by the FWPD, during thew term of this agreement. For the Drug Enforcement Administration: Sherri, F. Strange Special Agent in Charge Fort Worth Police Department, City of Fort Worth, Texas: Date: 67-/2 -072- .............e4-900 Name Ch.-ief of Pol.ice Ti t 1.e APPROVED AS TO FORM AND LEGALITY: C,-z Date: .. ................. ...................... ssi.stant City Attorney APPROVE /}FOR CI DIANAGERIS OFFICE: By Date: ATT ST: Date: -i ty Sec.p& Contract Authorization Date .......... ,-.n FFIC iK7 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 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 Dnig-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 a grant or cooperative agreement over 100,O00,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 arty 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 R 'CIPIENT) As required by Executive Order 12549, Debarment and Suspension, and implementation at 28 CFR Part 67, for prospective participants in primary covered transactions, as defined at 28 CFR Part 67, Section 6T50- "N 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 3. DRUG-F +E WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) As required by the Drug-Free Workplace Act of 1988, and implemented at 28 CFl Part 67, Subpart F, for grantees, as defined at 28 CFR 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-- (l) 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 workplace; (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); (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 Programs,ATTN: Control Desk, 633 Indiana Avenue, N.W., Washington, D.C. 20531. Notice shall include the identification number(s) of each affected grant; (p 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-- (1.) 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; (g) Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs (a), (b), (c), (d), (e),and(0. B The grantee may insert in the space provided below the site(s) for the performance of work, done in connection with the specific grant: 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 OJP Form 406117. 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-- C 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 activity with the grant; and it B. If 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., Washington, DC. 20531. As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above certifications. > e I. Grantee"Name a4AddrLek 2. Application Dumber and/or Project Name 3. Grantee IRS/Vendor NumJoer. 4 Typed Ptacce and Title of Authorized Representative ........... ao 6. Date 5, U, signa ure OJP FORM 4(061/6 C3-91) REPLACES OJP FORMS 4061/2 AND 4061/4 WHICH ARZ OBSOLETE, ...........r, V/