HomeMy WebLinkAboutContract 408302011 Task Force Agreement
Fort Worth Police Department
CITY SECRETARY
CONTRACT NO. LJ.Qi.3 0 .
Dallas Division/Fort Worth Multi-Agency Task Force
This agreement is made this 30 t h day of September 2010, between the
United States Department of Justice, Drug Enforcement Administration
(hereinafter DEA), and the Fort Worth Police Department, City of Fort
Worth, Tarrant County, Texas (hereinafter CITY).
WHEREAS there is evidence that trafficking in narcotics and dangerous
drugs exists in the Fort Worth, Tarrant County area and that such
illegal activity has a substantial and detrimental effect on the
health and general welfare of the people of the Fort Worth, Tarrant
County area, the parties hereto agree to the following:
1. The Fort Worth Multi -Agency Task Force will perform the activities
and duties described below:
a. Disrupt the illicit drug traffic in the Fort Worth, Tarrant
County 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 Fort Worth Multi-Agency Task
Force, the CITY agrees to detail five experienced officers and one
clerical support person to the Task Force for a period of not less
than two years. During this period of assignment, the officers 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 Offic ers assigned to the Task Force shall be deputized as
Task Force Officers of DEA pursuant to 21 U.S.C . 878 .
5 . To accomplish the objectives of the Task Force, DEA will assign
the appropriate number of Special Agents to the Task Force . DEA will
also, subject to the availability o f annually appropriated funds or
any continuing resolution thereof, provide necessary funds and
equipment to support the activities of the DEA Special Agents and
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the state and local officers assigned to the Task Force. This support
will include : office space, office supplies, travel funds, funds for
the purchase o f evidence and information, investigative equipment,
training, and other support items.
6. During the period of assignment to the Fort Worth Multi-Agency 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 wi ll, subject to
availability of funds, reimburse the CITY for overtime payments made
by the CITY for the assigned officers to the Task Force for overtime,
up to a sum equivalent to 25 percent of the salary of a GS-12 , step 1,
Federal employee (currently $17,202.25 per year, $4,300.56 per
quarter), per officer. In addition, the City of Fort Wor th will be
reimbursed for salary and fringe benefits for one clerical support in
the amount not to exceed $48,000.00
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
Comp troller 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 three (3) years after termination of this agreement,
whichever is sooner.
10. The CITY shall comply wi th Title VI of the Civil Rights Ac t of
1964, Section 504 of the Rehabilitation 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 United States Department of Justice implementing those laws, 28
C.F.R. Part 42, Subparts C, F, G, Hand I.
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 or 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 from the date of signature by
representatives of both parties to September 30, 2011. 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 the CITY during
the term of this agreement.
For the Drug Enforcement Administration:
Capra
gent in Charge
For the City of Fort Worth, Texas, Tarrant County, Texas:
Name~
Date: aj.Jof () _ _,__~.'-----
Title
ATTEST:
APPROVED AS TO FORM AND LEGALITY:
contrac~ Authori zat i oa
q tflt/ '}DO~
Date
•
• 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
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
As required by Section 135~ Title 31 of the U.S . 9od~. and
implemented at 28 CFR Pan 69, for persons entering_ into a
grant or cooperative agreement over $100,000, as denned at
28 CFR Part 69, the applicant certifies that:
(a) No Federal appropriate funds have been paid or will be
paid, by or on behalf of the undersigned, to any person for in-
fluencing 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 con-
nection wlth the making of any Federal grant, the entering into
of any cooperative agreement, and 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 at-
tempting to influence an officer or employee of an_y agency , a
Member of Congress, an officer or employee of Congress, or
an emP.loyee 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;
(cl The undersigned shall require that the language of this cer-
tification be included in the award documents 1or all subawards
at all tiers (including subgrants , contracts under grants and
cooperative agreements, and subcontracts) and that all sub-
recipients shalT certify and disclose accordingly .
2. DEBARMEN.L SUSPENSION, AND OTHER
RESPONSIBILI Ir MATIERS
(DIRECT RECIPIENT)
As required b)' Executive Order 12549 Debarment and
Suspens ion , and im plemented at 28 CFR Prt 67 , for prospec-
tiv e i,_art icipants in primary covered transactions , as defined at
28 CFR Part 67 , Sect ion 67 .510-
A . The applicant certifi es that it and its pri ncipals:
(a) Are not presently debarred, suspended, pro posed for debar-
ment 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-Y.ear period preceding this applica-
tion been convicted of or had a civil judgment rendered against
them for comm ission of fraud or a criminal offense in connec-
tion with obta ining, attempting to obtain , or perform in g a
public (Federa.!i 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, mak ing false
statements , or receiving stolen property;
(c) Are not presently ind icted 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 applica-
tion 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-FREE WORKPLACE
(GRANTEES OTHER THAN INDIVIDUALS)
As required by the Drug-Free Workplace Act of 1988, and
imi:,lemented al 28 CFR -Part 67 , Subpart F, for grantees.4 as
defined at 28 CFR Part 67 Sections 67 .615 and 67.o20-
A. The applicant certifies that it will or will continue to provide
a drug-free workplace by :
(a) Publishing a statement notifying emp loyees 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 ;
(bl Establish ing an on-:9oing drug-free awareness program to
inform employees about-
(1) The dangers of drugs abuse in the workplace ;
(2) The grantee's policy of maintain ing a drug-free worxplace ;
(3) .Any ava ilable drug co unseling , rehab ili tation , and employee
ass istance programs ; and
(4) The penalties that may be imposed upon employees for
drug abuse v iolations occurring in the workplace ;
(c) Making it a requirement that each employee to be engaged
1n the performance of the grant be giv en a copy of the state-
ment required by paragraph (a);
(d) Notify i ng the emp loyee in th e statement required by
paragraph (a) that, as a cond ition of emp loyment under the
grant, the employee will-
OJP FORM 4061 /6 (3-91) REPLACES OJP FORMS 4061/2 , 4062/3 AND 4061/4 WHICH ARE OBSOLETE .
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(1) Ab ide 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 convict ion ;
(e) Notifying the agency, in writ ing , within 10 calendar days
after receiving notice under subparagraph (d)(2) from an
employ_ee or otherwise receiv ing actual notice of such convic-
tion . Employers of convicted employees must provide notice
including_ position t it~ to : Department of Justice, Office of
Justice -Programs, A 1 1 N: Control Desk, 633 Indiana Avenue,
N.W ., Wasti1ngtonl D .C . 20531 . Notice shall include the iden-
tification 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 Rehab ilitafion Act of 19,3, as amended; or
(2) Requiring such employee to participate satisfactorily in a
drug abuse assistance or rehabilitation program approved for
such purposes by a F~eral, State, or local tiealth, law enforce-
ment, or other appropnate agency ;
lg) Making a good faith effort to continue to maintain a drug-
free workplace through implementation of paragraphs (a), (ti),
(c), (d), (e), and (f).
B. The grantee may insert in the space provided below the
s ite(s) f9r the performance of work done in connection with
the specific grant:
Place of Performance (Street address, c ity, country , state, zip
code)
Check D if there are workplace 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 wh ich should be included with each ap-
plication for Department of Justice funding . States and State
agencies may erect to use OJP Form 4061/7 .
Check D if the State has elected to complete OJP Form
4061/7 . · ·
DRUG-FREE WORKPLACE
(GRANTEES WHO ARE INDIVIDUALS)
As requ ired by the Dru9.:-Free Workplace Act of 1988, and
iml)lemented al 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! oi stribution , dispensing, posses-
sion , or use of a control ed substance in cono ,tion any
act ivity with the grant; and
B. If convinced of a criminal drug offense resulting from a
violation occurring during the concfuct of any grant activity I
will report the conviction, in writing, withi n 10 calendar days
of the conviction, to: Department or Justice, Office of Justice
Programs, ATIN : Control Desk, 633 Indiana Avenue , N .W.,
Washington , D .C . 20531 .
As the duly authorized representative of the applicant, I hereby cert ify that the applicant will comply w ith the above certifications .
1. Grantee Name and Address :
Fort Worth Police Department
350 W. Belknap Stret
Fort Worth, TX 76102
2 . Applicat ion Number and/or Proj ect Name 3 . Grantee IRSNendor Number
6 . Date
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 9/16/2008
DATE:
LOG NAME:
SUBJECT:
Tuesday , September 16 , 2008
35DEAREIM09
REFERENCE N O.: **C -23039
Authorize Execution of Two T as k Force Agreements with the United States Department of Ju stice , Drug
Enforcement Administration to Continue Operation of the };).rug Enforc-:elfiem :Adrninistratiotl'W ulti -:A~
<!':ask E:a ce and the Drug Enforcement Admini stration Dallas/Fort Worth Airport Task Force for
Reimbursement of Overtime Costs for an Amount Not to Exceed $16 ,320.00 Per Officer, and for Clerical
Costs A ssociated with the Programs in an Amount Not to Exceed $41 ,000 .00
REC OMMENDATION :
It is recommended that the City Council:
1. Authorize the City Manager to execute two Task Force Agreements with the United States Department of
Ju stice , Drug Enforcement Administration to continue operation of the Drug Enforcement Admini stration
Multi-Agency Task Force and the Drug Enforcement Administration Dallas/Fort Worth Task Force ;
2 . Authorize the term of the agreement to be October 1, 2008 , through September 30 , 2009 ; and
3. Authorize the agreements to be renewed for s uccessive one-year periods . The renewals do not require
specific City Council approval provided that the Council has appropriated sufficient funds to satisfy the
City's obligation during any renewal term .
DISCUSSION :
The Fort Worth Police D epartment has been an active partner in the Drug Enforcement Agency (DEA)
M ulti -Agency Task Force and the DEA Dallas/Fort Worth Airport Task Force since the creation of those
task forces in 1985. In previous years , the DEA extended the agreements by addendum but due to revi sed
operating guideline s, new agreements were drafted for future years. The current agreements expire
September 30, 2008 , and new agreements need to be executed . The Police Department has ass igned eight
officers and one sergean t to the unit a nd the DEA reimburse s the department for overtime costs (including
salary and benefits) ofup to $16 ,320 .00 per officer, per year. In addition , the DEA will reimburse the City for
all clerical costs as sociated with the program in an amount not to exceed $41 ,000.00 .
During the period of assignment of Fort Worth police officers to the DEA/Dallas Divi sion/DFW Airport
Task Force, the City of Fort Worth will remain responsible for establi shing the salaries and benefit s ,
including overtime , of the officers ass igned to the Task Force .
FISC AL INF OR MA TIO N:
The Finance Director certifies that the Police Department will be respon sible for the collection of fund s due
to the City under these agreements .
~ -, -... FUND CENTERS:
TO Fund/Account/Centers
GGO 1 481035 0356300
CERTIFICATIONS:
Submitted for City Manager's Office by:
Originating Department Head:
Additional Information Contact;
ATTACHMENTS
No attachments found.
FROM Fund/Account/Centers
Joe Paniagua (6575)
Patricia J . Kneblick (4212)
Kara Shuror (4221)
TO:
FROM:
DATE:
SUBJECT:
fORTWORTH
INTEROFFICE MEMO
Gerald Chandler,
Marlena Tinker, City Secretary's Office
September 2, 2010
Request Approval
Agreement for FY 2011 with
Multi-Agency task Force
e Drug Enforcement Administration.
These documents are being forwarde o you for original signatures from Drug Enforcement
Administration . All signed copies o e contract must be returned with original signatures for final
processmg.
Failure to return the documents will delay the final processing of the contract. Once we have
received all of the documents , we will assign a contract number. Thank you in advance for your
cooperation.
If you have any questions , please call me at 817-392-6090.
Attached: 4 sets of contracts
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