HomeMy WebLinkAboutContract 42435 ' CITY SECRETARY
CONTRACT NO.
2012 State and Local Task Force Agreement
Dallas Field Division
CITY OF FORT WORTH
TASK FORCE GROUP 2 — DFW AIRPORT
This agreement is made this 30th day of September , 2011, 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
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 Metroplex, 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) experienced officers to the DFW AirportTask Force for a period of not less than
two years. During this period of assignment, the City of Fort Worth officers will be under the
direct supervision and control of DEA supervisory personnel assigned to the Task Force.
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
OFMCIAL RECORD
1 DEA DFW Task Force Agreement between City of Fort Worth and the DEA FY 2012 � CITY SECRETARY
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necessary funds and equipment to support the activities of the DEA Special Agents and City of
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 AirportTask 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.
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 litigation, claims, audits, and examinations
are completed and resolved, or for a period of three (3) years after termination of this agreement,
whichever is later.
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 406116, 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.
2 DEA DFW Task Force Agreement between City of Fort Worth and the DEA FY 2012
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.
13. The term of this agreement shall be effective from the date in paragraph number one (1) until
September 30, 2012. This agreement may be terminated by either party on thirty days' advance
written notice. Billings 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.
For the Drug Enforcement Administration:
Date: Ire
am s L. Capra
77
Spe ial Agent in Charge
For the CITY OF FORT WORTH
4AV-0, Date:__�•��l�
JeT.rry W. Halstead
Chief of Police
Date:
Char es W. Daniels
Assistant City Manager
Date:
Jsi ca Sangsvang
Assistant City Attorney O�coF�0or��?�
oho Op oOis,
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Marty Hendrix p d
City Secretary oo°-K,ZY
X A4a4 4y
Contract Authorization
CSC Number
' OFFICIAL RECORD
3 DEA DFW Task Force Agreement between City of Fort Worth and the DEA CITY SECRETARY
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 (Non-procurement) 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 1362, Title 31 of the U.S. Code, and implemented at 28 CFR
Part 69, for persons entering into a grantor cooperative agreement over $100,000, 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 f or inf luencing 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 w ith 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 w ill be paid to
any person far 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 th at the language of this certification be included in the
award documents for all subawards at all tiers (including subgrants, con tracts under
grants and cooperative agreements, and subcontracts) and that all sub-recipients shall
certify and disclose accordingly.
2. DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS
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LDIRECT RECIP ENT
As required by Executive Order 12543, Debarment and Suspension, and implemented at
28 CFR Part 57, for prospective participants in primary covered transactions, as defined
at 28 CFR Part 67, Section 67.510
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 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
governmental 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 certif y to any of the statements in this certification,
he or she shall attach an explanation t o this application.
3. DRUG-FREE WORKPLACE (GRANTEES OTHER THAN INDIVID.UALQ
As required by the Drug-Free Workplace Act of 1988, and implemented at 28 CFR Part
57, Subpart F, for grantees, as def ined at 28 CFR Part 57 S ections 57.515 and 57.520
A. The applicant certifies that it will or will continue to provide a drug-f ree 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,
e
(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
810 Seventh Street, 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
(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 ft
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B. The grantee may insert in the space provided below the site(s) for the performance of
work done En 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 OJ P Form 4061/7.
Check if the State has elected to complete QJ P Form 4061/7.
i
t
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 def ined at 28 CFR Part 67; S ections 67.615 and 67.6 20
A. As a condition of the grant, I certify that I will not engage in the unlawful
manufacture, distribution, dispensing, possess ion, or use of a controlled substance in
conducting any activity with the grant; and
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
810 Seventh Street, 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
LOGO THROCXMORTON STREET, FORT WORTH, TX 76102
2. Application Number and/or Project Name:
DM AIRPORT TASK FORCE
3. Grantee IRS/Vendor Number 76 6000528
4. Type/Print Name and Title of Authorized Representative
CHARLES W. DANIELS, ASSISTANT CITY �i'VAGER
5. ature 6, Date
OJP FORM 4061/6(3-91)REPLACES OJP FORMS 406112, 4061/3 AND 4061/4 WHICH ARE OBSOLETE.
OFFICE OF JUSTICE PROGRAMS BJA NIJ OJJDP BJS OVC
M&C - Council Agenda Page 1 of 2
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 9/13/2011 - Ordinance No. 19870-09-2011
DATE: Tuesday, September 13, 2011 REFERENCE NO.: **C-25145
LOG NAME: 35DEADFWTF12
SUBJECT:
Authorize Execution of a Task Force Agreement with the United States Department of Justice, Drug
Enforcement Administration to Continue Operation of the Drug Enforcement Administration Dallas/Fort
Worth Air�no`rt_Task Force for Reimbursement of Overtime Costs for an Amount Up to $120,415.75 and
A3opt Appropriation Ordinance (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the execution of a Task Force Agreement with the United States Department of Justice, Drug
Enforcement Administration to continue operation of the Drug Enforcement Administration Dallas/Fort
Worth Airport Task Force;
2. Authorize the term of the Agreement to be October 1, 2011 through September 30, 2012;
3. Authorize the Police Department to accept up to $120,415.75 for reimbursement of overtime worked by
the assigned officers; and
4. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Grants Fund in the amount of$120,415.75.
DISCUSSION:
The Fort Worth Police Department has been an active partner in the Drug Enforcement Agency (DEA)
Dallas/Fort Worth Airport Task Force since the creation of the Task Force in 1985. In previous years, the
DEA extended the Agreement by addendum; however, due to revised operating guidelines, a new
Agreement is needed for future years. The current Agreement expires on September 30, 2011 and a new
Agreement needs to be executed. The Police Department has seven officers assigned to the Task Force
and the DEA reimburses the Police Department for overtime costs (including salary and benefits) up to
$17,202.25 per officer, per year.
During the period of assignment of Fort Worth police officers to the DEA/Dallas Division/DFW Airport Task
Force, the City of Fort Worth will remain responsible for establishing the salaries and benefits, including
overtime, of the officers assigned to the Task Force.
FISCAL INFORMATION / CERTIFICATION:
The Financial Management Services Director certifies that upon approval of the above recommendations,
receipt of the grant and adoption of the attached appropriation ordinance, funds will be available in the
current operating budget, as appropriated, of the Grants Fund.
FUND CENTERS:
TO Fund/AccountlCenters FROM Fund/AccountlCenters
http://apps.cfwnet.org/ecouncil/printmc.asp?id=15677&print=true&DocType=Print 9/20/2011
M&C - Council Agenda Page 2 of 2
4)_ ..R76. 451.89'1_..___9354.23549.44.9 $129,415.75
4)__GR76 5(VARIOUS) 0354235.4.9419 1201415_75
CERTIFICATIONS:
Submitted for City Manager's Office by Charles W. Daniels (6199)
OrWinating Department Head: Jeffrey W. Halstead (4219)
Additional Information Contact; Gerald L. Chandler (4219)
ATTACHMENTS
1. 35DEADFWTF12 AGN.doc (Public)
http:ll apps.cfwnet.org/ecounciI/printmc.asp?id=15677&print=true&DocType=Print 9/20/2011