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HomeMy WebLinkAboutContract 44965 u IN, -'ay sEcRETARIY, .1 u CONTRACT N�09, 2014 STATE AND LOCAL TASK FORCE A Dallas Field Division Fort Worth Police Department HI TA 2 This agreement *.s made this 11 st,dayot October, 20 13, between the United States Department of Justice, Drug Enforcement Administration hereinafter "DEA"), and the Fort Worth. Police Department hereinafter ":iw WE'D"). The DEA is authorized to eater 'Into this cooperative agreement concerning the use and abuse of controlled substances under the provisions of l U.S.C. § 873. Whereas there is evidence that trafficking in narcotics and dancrerous drugs exists in the North Texas area and that such illegal activity has a substantial and detrimental effect on the health and general welfare of the people of Texas, the parties hereto agree to the following. 1. The North Texas HIDTATask Force Group 2 will perform the activities and duties described below: a. disrupt the llicit drug traffic in the North Texas area by immobilizing targeted violators and trafficking organizat ions,* i. gather and report intelligence dat a relating,to trafficking in narcotics and dangerous, drugs are c. conduct undercover operations where appropriate and engage in other traditional methods of investigation to 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 HIDTA Group 2 Task Force, the FWPD agrees to detail six 6 experienced officers to the HIDTA Group 2 Task Force for a period of not less than two years. During this period of assignment,en.t, the F PD officers will he under the direct supervision and control of DEA supervisory personnel assigned to the task farce. 3. The FWPD officers assigned to the task force shall adhere to all DEA policies and procedures. Failure to adhere to DEA policies and procedures shall he grounds for dismissal from the task. force. 4. The FWPD officers assigned t o the task force shall he deputi7ed as task force officers of DE pursuant to 1 d SC;l 878. 5. T accomplish the objectives of the HIDTA trots 2 'Fask Force, DEA will assign three 3 Special Agents to the task force. HIDTA will also, subject to the availability of,annually appropriated fund's or any continuing resolution thereof, provide necessary funds and equipment to support the activities of the DEA ' pec i al Agents and FWPD officers assigned to the task �I r -7 � 2013 I DTA 2 FY TASK FORCE AGREEMENT PAGE 1 OF 5 IV ' � � force. This support Will include.: office space, office supplies, travel funds, funds for the purchase of evidence and inf�rrnation., investigative equipment,, training and other Support items. I f% 61. During the period or assignment to the HIDTA Group 2 Task Force, the F D will remain responsible for establish,ing,the salaries and benefits, including overtime, of the FWPD officers assigned to the task force and for making all payments due them. H1 TA will, subject to availability of funds, reimburse the FWPD for overtime payments made by it to the FW'PD officers assigned to the HIDTA Group 2 Task Force for overtime, up to a, sum equivalent to 25 percent of the salary ofa GS-12. Step I (RUS) federal employee, currently $17,202.25 , per officer. Note.- Task Force Officer's overtime "Shall not include a costsfor benefits, such as retirement, FICA, and other expenses." 7. In no event will the FWPD charge any indirect cost rate to DEA for the administration or 0 implementation of this agreement. 8,. The FWPD shall maintain on a current basis complete and accurate records, and accounts of'all obligations and e i xpenditures,of funds under this agreement n 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 FWPD 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 FWPD shall maintain all such reports and records until all litigation, claim, 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 FW'PD shall comply with Title V1 of the Civil Rights Act of 1964, Section 504 or 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 1. 11. The FWPD agrees that an authorized officer or employee will execute and return to DEA the attached O!JP Fo 06,1/6, Certification Regarding Lobbying Debarment, suspension and, Other Responsibility Matters; and drug-Free Workplace Requirements. The FW'PD acknowledges that this agreement will not take effect and no federal funds will be awarded until the completed certification is received. 12. When issuing statements,, press releases requests for proposals, bid solicitations and other documents describing projects or pro lgrams funded in whole or part with federal money, the l D shall clearly state: (1) 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 prograin or project., 13. While on duty and acting on task. force business, the FWPD officers assigned to the fuDTA task force shall be subject to all DEA and federal government rules, regulations and procedures HIDTA 2 F'Y TASK FORCEAGREEMENT PAGE: 2 OF S (yoverning the use of OGV"s for home to work transportatio�n and for personal business. The 1 41D'rA Executive Committee acknowledges that the United States is 11'a ale for the actions of as force officers,, while em plo yment, to the le on duty and acting within the scope of their fe deral extent permitted by the Federal Torts Claim Act. 14. The term of this agreement shall be effective from the date in paragraph number one until September 30, 2014. This agreement may be terminated by either party on 30 days advance written notice., 13111ing, for all outstanding obligations must be received by DEA within 90 days of the date of termination of this agreement. HIDTA will be responsible only for obligations incurred by FWPD during the term of this agreement. For the Drug Enforcement Administration: Date, Daniel R. Salter Acting Special Agent in Charge Approval Recommended For the Fort Worth Police Department Fz 0010 Date.- Jeffte'y Halstead Chief of Police Fort Worth Police Department CITY 0F..F1 T WORTH: 01001/ Contract Authorization: 0 BY M&C: Charles W. Daniels Date Approved: Assistant City Manager Date .- 10 APPROVED S TO FORM AND LEGALITY: ATTES I I JAI By: ww Jessica A'� gsva y w w Iry Kay I stant City Attorney, S qe,-r tar Assi Data ��vt %6 000 1 H'IDTA 2 FY 14 TASK FORCE, AGREEMENT PAGE 3 OF 5 V U.S. DEPARTMENT OF jusllilinCE, OFFICE OF JUSTICE PROGRAMS OFFICE OF THE COMPTROLLER _-Ft Jill CERTIFICATIONS REGARDING LOBBYING* DEBARMENT, SUSPENSION AND 7 OTHER RESPONSIBIL,ITY MATTERS, AND DRUG-FREE WORKPLACE REQUIREMENTS Applicants should refer to the regulations cited below to determine the certification to which they are required t'o attest. Applicants should al'so review the instructions for certification included in the regulations before completing this from. Signature of this form provides for compl�iance with certification requirements under 28 CFR Part 69, "New Restrictions on Lobbying"and 28 CFR Part 67, "Government-wide Department and Suspension (Non procurement)and, Government-wide,Requirements for Drug-Free Workpiace(Grants),,"The certifications shall, be treated as,a material representation of fa�ct upon reliancel will( be placed when the Department of Justice determines to,award the covered transaction, grant, or cooperative agreement, 1. LOBBYING u �lic (Federal, State,.o:r to�cal) a 'a; tig or tr ct unvirrul l'if violation oy era or, a n i Ee cf( 1 e s, ire 1H u ir?d 34J9, le of corl;sion of em leme e As b4 Ae8W�: TAe 31 of the U.,S. Code, an ��sl , m!ka n go me,V. tig sification,or distruction o3y recor i m P UP,e n da ?66 ens eate in, lo� s a e s a or receiving sto en property- le gl int I n ar t a i e Pig I nime Jove *t as le ine a ,fies�h e ap a - t present�indi,�tjdi fjr or pt,�Trwis cnminal��or civiJI Are,rW, �a) No Federal appropriate funds have been paid or will begid, �pva r le i 1g g a pove i F, n,a fpn ity (, e eral, tate or cal i�� aw o t e o enses enurnera ed 1H paragra 1)i y or on behalf of e undersi ned,,to any person r influe cling )m ,o in, uence an tRis ceRfica on;and or attemptin . Pt 04 t fficer or euloyee, n agenc& a Member Qpngress, an o;icer or emp olyee o Co gress, an em Vo gfe o a Memb ess, in connection with the dq ave not within a r ,i rar Rariod ffeaedingghtii apgrliqatio5 �t maki anx Federa?r of Con 9 s 0 srant e entering 'into of any n? r ore sum e a a Ths el eral, e, oca ent, ar rision, continuation, renew�jl, a e8jomcaus or a amendment, or rino, ification of any Federall grant or cooperative cooperative ag ee i �xte e ion n agreement; P stat Wheie thte htha I p, icis rt i fy to to I S shall an,�,C� the mep's in Is PP4 on, or e a an b iods ot�er than Federall a Firgeriated fund hav be expFan a Ion to 11 on�,unaTe iToaftk e i to aw n ,Trson fo ncing or a Fin in uence an o r or c ?j0j ce rn�� ele F an a ein %a 1 e e ,on re o e po I F_ I I 0 C Ritz r�, 15 er , ,ii le n g (4 ,pprel M, oq icer or erni o ee o r '0 on resli ij co ine :tioln Is P %e? a I F&WMT8�1AYWHA IWDIVIDUALS) Vs!iativa agre Vitril ersiljBW s air, le and ndar 0 - 1. isclol u re Coo o8bying ,es, in,accotrdance with its inMiructions; As, re uirrd b Ae,fptFV d of 1988, and t u? 0 JO& jr� F le eq �W as Fe I n el a r A Tl- ion Din in 61 sl e Qnderiianj,sq lil re ui that the i ul f this cer- ,p,e, I R 9awards '!Pe aggart cegities that it will or wilil continue to providle �lie i in e a doc,4ments u r a C� gran s on rat t 0 pace ly: a iers, in din, s rpn p Sa ij g ee to Coo rativ ree en in ' guscontr sju n,3r a a UT red ients ha9ce i an el S lose accorging y. I�M?il 1 3 1 i n. ft d a ly c (a UdlaDLb in stat me�nt notIn em ,jiship a �rines that the ma 4fgtVje, isAbution, is n jhsiee p io 11 a nj� 9 r wo� -c 'k A use oP a 665 ro,e s nce is Rr I i i a g I e ,gpi Sul ns o place jr n o? &a t i t a MWON,AND OTHER emp oyeles or vi ati su pro 1 ifion; s te mo I pii h yin e%aanbounf9oing d,rug-tree awareness program to s re pired by, Efecutive OrNrj lbarment trilid rM 0 S 9 int n,,and im emented Ort'6? a, Sr prWel frc an, Rt transactions, e in g ig rtja 7,%9Tion%7(,N6!e (1)The danger's of drugs abuse in the workplace', A. The applicant certifies that it and its principals� (2)The gr,antee�'s policy of maintaining,a drug-free workplace,'i 0 A available Au%Wun�seling, renabilitation, and employee Slsg �nee progra S_ (a) Are not, preseritl� debarred, suspended' propo5 d for dieba,r- n m6nt declared ine 'bl sentenc6d 'to a denial of Federal rgp �e benefits,by a State o ed&al co orvoluntarl exclu�dedfrom, The P O?rr it s til tr rm mw u n employees tor drug ape s oce u w,t>Thie Po ov r plam ederai depai!9 &'se v covered transactions by any Wle, 11 ent or agency', n M qa�,each emelme to�e e ed'iq ZnMa ment' en n b Have n t is ap ion n!! re ra e giv W me b a thr e-yea e '!od reced ce n py of he n FICT re6jnp eldo'by parag a 3 %en convAlem orir h�(?a bivil,u le e eT al 9eT reqLfire r p I Ta?� r �, rap Qracrt ,t e in con r commisNon o o,, ens Nr%n wi t 0 aining, a emp ing o obtain, or Ple orming a eTyl indhe Aatevint je, b ra 4 loyneilition em oymeni uni Jer e gran as co red 0jP FORM 4061/6�3-9 I REPLACES OjP FORMS 4�06112,41062/3 AND 4066 1/4 WHiCH ARE OBSOLETE HIDTA 2, FY 14 TASK FORCE AGREEMENT PAGE 4 OF 5 1 Abide by the terms of the statement;and 2 he emplo a in d of'" his or ber convu ti on for a or�rr wn c r at oocurrin w the wo la no I ear Ran uv+ oaten our s a er such con u on, h" are after �,eOofif-inathe vratun vcth dar ic � I there are v~~orlc lam n f`l 9 �n 'au r Check Rere. file that are not identified r oh Is r�eoe vc ua notwo u�.oonv to tinn. n + ?w n,vi o es pro otu n S�� � T tl e u ro am o ka ra a +�,in � f the r s ov"dea.that n o # u the u�n�ffioatuorl a a oulation , I r�a of eawh ea I c� ran s �n� � vv3t� a local n �46 r �n� ua atea and 99te 9 nouues may e e use Vdcrem Talon the f vwri � olio � n th �e uv n note a n99 ou r ra le + r re�pec�to any em loo ee�o wa so convi e� p ( ( � Zvi Check if the State has erected to complete OJP Form re T(o e �r oro Wee l w s l it ton a u �nts�thh t� e i�rr rnen��o the B1, n i*A s a mended' or !� � AL satMafdctorll i a,dry a re uir n a b � Fre '�' r lam of ��� ,� and leuir�r uch ernl �IM�atpartipplate ra a rove for uc I � � tees, as BUTRsua � al +e, or o i�ea h�a � en orceme , a �� �ect ors �alnd 9 _ f- es r �r ap�ropnate ag nc k a �faith effort to oont'nue toy m � r free fh'e unl od� � thntt`itu� � �a �n� wa� a a u ee usearr+��+a ah��atn ' +nsr� a �t�w wih 019;a1'q'2 th r ugh implementation o a paragraphs,(a) (e),and ft Kle rant„an Te rante ma nee in Ue rovid+ed elov t e lte R if nvinced of a criminal dru o`ense resulting! from r�dec�%Ilc' tl'e ar rr �n � W � he conne on w� t�ne violation cc rri dorm the c nd al�an rant activity, row gran. re ort he co�nvi on in writing, �ithin � ca r f t Ikendt, o, the convuctton to: e art'rnent of Justin, Office of duatu�Ps o rams, P'la of Performance (Street address, city, country, state, zip AT�l�" Control sl�, 6313 Indiana Av+enue, l"vv.W mash ngton, co e "C"20531" As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above certifications. 1 Grantee.carne and Address: City" of Fort Worth, 1000 Throck orton, Fort Worth, Texas, 76102 2. Application Number and/or Project N,ame 3. Grantee IRS/Vendor Number FY 14 State and Local Task Force Agreem nt- IDTA 2, 75-610 0 0 52 8 4, Typed Name and Title of Authorized Representative a Signature 61 Date HID A 2 FY 14 TASK FORCE ,AGREEMENT PAGE Explanation for Certification Regarding Debarment, Suspension and other Responsibility Matters Section In an effort to -fully disclose 'Information related to the questions used in -this section, the City provides this explanation. In 2011,, eight City of Fort, Worth officers were indicted for misconduct related to several Texas Department of Transportation xDOT) Selective Traffic Enforcement Program grants. The funding for those grants originates from the federal government — the National Highway Traffic Safety Administration to be specific — and flows through TxDOT to the City of Fort Worth. Officers are alleged to have falsified traffic tickets in an effort to acquire overtime compensation for hours which they did not work. The officers were indicted for tampering with a governmental record and theft., The charges are currently pending before the Tarrant County District Court. None of the relevant officers are currently employed by the City of Fort Worth. Based on the definition of"principal" in 28 CF R Part 67, the City does not believe that the officers involved in the above described incidents, qualify as "principals" for purposes of prohibiting the City from certifying the information on the "CERTIFICATION REGARDING DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS" section. Pursuant to 28 CFR Part 67, "Principal" is defined In Section 67.995 to mean (a) An officer, director, 'owner,partner, pri ncipal investigator, or other person within a participant with management or supervisory responsibilities,related to a,covered transaction* or (b) A consultant or other person, whether or not employed by -the participant or paid w* ith Federal funds, who— (1) Is in a position to handle Federal funds; or (2) Is in a position to intluence or control the use of those funds; or (3) Occupies a technical or professional position capable of substantially influencing the development or outcome of an activity required to perform the covered transaction. The officers involved, in the above described misconduct did not have supervisory responsibilities related to a covered transaction, nor were the officers in a position to handle federal funds, influence or control the use of the funds, or in a plos,ition capable of substantially influencing -the development or, outcome of an activity required to perform the functions of the grant. Therefore, the City certifies that the information contained in the section entitled " BA RMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS" is true,, while disclosing the above indictments and stating that the former officers 'involved in the misconduct do not qualify as principals. M&C Review r i lie */rORTWOR H ';, iii///,,oo, � %/rii ,; .i ;, /%%,/%,,; ''! Al/�I l i / J,ii„ /, .o, /, / ///,r of/ /�/,,. � ,, /�i� 1, ,, � / ,, � � i 4 l iii / FF �.�/// ON, c / / / r// /AN/,lo AIR II IIu IIIII IIVI�VllV�VIVION VIII Approved on 8/13/20ut',1'4 ,, ,Ov*'rd"*In/,ance NO. -0 3 MUM MEMO== DATE, 8/11/2013 REFERENCE O.: **C-26391 LOG NAME 3152101'4 HI, !TA 2 CODE*- C, TYPE': CONSENT PUBLIC HEARING.- No SUBJECT: Authorize Execution of an Agreement with the !United States Department of Justice, Drug Enforcement Administration for Reimbursement of Overtime Costa in the Amount Up to ,$103,213.50 for Participation in the North Texas High Intensity Drug Trafficking Area Task Force Group 2 for Fiscal Year 2014 and Adopt Appropriation Ordinance (ALL COUNCIL, DISTRICTS) im m muu m uuioiii iiuiu ���u IEC T , 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 participation in the North Texas High Intensity C rugi 'Trafficki'n Area Task. Force Croup 2 for Fiscal Year 2014; 2". Authorize the acceptance of the amount up to, $103,21 3.50 for the reimbursement of overtime costs for six officers assigned to the North Texas High Intensity Drug Trafficking Area Task Force Group 2 and 3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in Grants Fund in the amount of$1013,,213�.50, upon execution of the Agreement. DISCUS-S.1 The City of Fort Worth has been an active participant in the North Texas High Intensity Drug Trafficking Area (North Texas HID�TA) Task Force Group 2 Task Force) since 1999. The mission of the Task Force is to reduce the volume of narcotics and controlled substances being: trafficked into and d�istrib,uted from the North Texas, HID,TA area through aggressive detection, interdiction, enforcement and prosecution of those individuals and enterprises engaged in such illegal activities. In particular, the Task Force focuses on major drug trafficking ng organ atiiona,. The following entities participate in this cooperative effort: Drug Enforcement Administration, Federal Bureau of Investigation, Arlington Police Department, White, Settlement Police Department and Denton Police Department. The Fort Worth Police Department currently assigns six officers to the Task Force. When funds are available from the Department of Justice, Drug Enforcement AdmInistration,1 overtime costs will be reii bursed to the City of Fort Worth. Overtime is estimated not to exceed $103,213.50. The Financials 'anagement Services Dliirector certifies that upon approval of the above recommendations, execution of the Agreement and adoption of the attached appropriation ordinance, funds will he available in the Fiscal Year 2,014 operating budget, as appropriated, of the Grants Fund. The Police Department is responsible for requesting reimbursements and for the collection of revenues under this Agreement. http://apps.cfwnet.org/coun,cil_..._packet/mc rev w.,s " =I 8718&counci Id t / /201 1 0/81201 3;20:2 PM] M&C Review, TO Fund/AQQguntLQgnje,rs FRQlM F n dIAoq n 2 • Charles Daniels (6199�) Oriainatina Department Head,,, Jeffrey W. Halstead (4231) Add'i'tional I oforM,,aji gin n, c Aya Ealy (4,239) AIIACHMEINTS,, hip-. app . t,, g/ until- ,c "m e ems. s D 1.871.x& a iidate 8'l3/2013 0/8/2 3.20-201 PMJ