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HomeMy WebLinkAboutContract 44966 CITY SECR CONTRACT NOS �rwr 'WIIIIMMMI�f� 2014 STATE AND LOCAL FORCE 0 Dallas Field D CITY OF FORT WORTH TASK FORCE GROUP 2- DFW AIRPORT w This agreement is made this Department� ��� ��et�h�r, � � l �tv� r � r�t�l � � of Justice, Drug Enforcement Administration strat on herei of er 'IDEA 1'' , and City of Fort Worth. (herIeinafter "'City of Fort Worth"). The DEA is authorized to eater into this cooperative agreement concerning the use and abuse o"f confrolled substances under the provisions of 21 U.S.C. 8173 WHEREAS there is evidence that trIafficking in narcotics and dangerous drugs exists in the Dallas/Fort Worth 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 area. The parties hereto agree to the following-, 1. The DFW Airport Task Force will pIerfoIrm the activities and duties described below a. disrupt the illicit drug traffic in the Dallas/Fort Werth area by immobilizing targeted violators and trafficking organizations; h. gather and report intell genre data relating to trafficking in narcotics and dangerous drugs� and e. conduct undercover operations where appropriate and engage in ether 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 D W Airport Task Force, the City of Fort Worth agrees to detail two 2) experienced officers to the DFW Airport Tear Force for a period of not less than two years. Turing this period of assignment, the two officers will he 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, DES, ploil e es and procedures. Failure to adhere to DEA policies and procedures shall he grounds for dismissal from the Task Force. . 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 Tall l orce, DMA will assign three 3 Special Agents �: � one (1) superv�sir t the ��� Force. ��� ��11 apse subject eet t 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 City of SEC SEP RECEIVED Fort Worth officers assigned to the Task Force. This support will include® office space, office 0 - 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 Airport Task Force, the City offort Worth will re main rasp onsible for establishing the salary and bene,fits, including overtime, of'the officers assigned to the Task Force, and for making all payn-ients 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 GS­12, step 1, (RLJS) Federal employee (currently $17,202.25 , per officer. Note.- Task Force Officer's overtime '�Vhall not include any co,,vtsfir henefits, such as retirement, FICA, and other expenses." 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 DMA to facilitate en-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 EA, 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 audits and, examinations are completed and resolved, or for a period of three (3) years after termination of this agreement) whichever is sooner,,. i o, The C ity 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, 1­1 and 1. 1.1. The City of Fort Worth 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 rug-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., 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 a-mount of Federal funds for the project or program. 2 13. The to of thi's agreement shall be effective from the date in paragraph number one until September 3�0, 2014. This agreement may be terminated by either party on thirty days' advance written notice. Billing for all outstanding obligations must be received by DE,A within 90 days of the date of termination of this agreement. DEA will be responsible only for obligations incurreu by City of'Fort Worth during the term of this agreement. ACCEPTED AND AGREED: For the Drug Enforcement AdRu'nistration". .Ion Date: Daniel R. Salter Acting Special Agent in Charge For the CI"ty of Fort Worth.- y- Daniels Assistant City Manager Date: fa APPROVAL RECOMMENDED: By: Lot Jeffre v HIS stead Chief of Police Date: 3 APPROVED AS TO FORM AND LEGA TY4* By` Jessica San Assistant it ttorney Contract Authorization: M&C: Date Approved: ATTES 0/ew 0 By: , Mary J. ys City Secr ary 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 thi's explanation. In 2011�, eight City of Fort Worth officers were indicted for m)sconduct related to several Texas Department of Transportation i 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 Tx DOT 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 2,8 CFR 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 67.9 9,5 to mean (a) An officer, director, owner, partner, principal 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, with Federal funds, who— (1), Is in a position to, handle Federal funds'; or (2) Is in a position to influence or control the use of those funds; or (3) Occupies a technical or professional position capable of substantially influencing the development or outconme 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 fads, or control the use of the funds, or in a position 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 "D,EBARA4ENT, SUSPENSION AND OTHER RES PONS IBILTrf Y 0 while disclosing the above indictments and stating that the former MAT TERS�� is true, officers involved in the misconduct do not qualify as principals. Review / / AM r� /,i / / /r / iii<,,,// a/ > /,,,,/✓, ,, i '111TWORT I , . ma / / 1 mummmm oio mil / V3 ILA � ;, /V­//--e,/41 0_11s/ RM DATE. 8 13 1201 1 REFERENCE, CIO..- **�-26392 LUG NAME.- 35 E F F1 SUBJECT,: Authorize Execution of an Agreement with the United States Department of Justice, Drug Enforcement Administration to Continua Participation in the Drug Enforcement Administration Dallas/Fort 'worth Airport Task Force Authorize Acceptance of the Amount Up to $34,404.50, for the Reimbursement of Overtime Coats and Adopt Appropriation Ordinance (ALT COUNCIL. DISTRICTS) MMMMINNNOWNUMMMOR uumimm REC,QMMI EN,,QATIQ It is recommended that the City Council: 1. Authorize the execution of'an Agreement with the United States Department of Justice, Drug Enforcement Administration to continuo participation in the Drug Enforcement Administration Dallas/Fort Worth, Airport Task Force; 2. Authorize the acceptance of the amount up to $34,404.50 for the reimbursement of overtime coats for two officers, assigned to the Task Force; and 3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grants Fund in the amount of'$34,404.510, upon execution of the Agreement. QISCUISSIQ The Fort Worth Police Department has been an active partner in the Drug Enforcement agency DE Dallas/Fort Worth Airport Task Force (Taal Force) since 1985. The current Agreement expires on September 30, 2013 and the Police Department would lira to continue participating on the Task Force. There are two officers assigned to the Task Force. The will reimburse the City of Fort Worth for overtime costa, including, salary and benefits, up to the amount of 7,202.25 per officer, per year. During the period of'assignment to the Task Force, th e City of Fort Worth will remain responsible for establishing, the salaries and benefits, including additional overtime ilf'necessary, olf'the officers assigned to the Task Force. �I CAL l I FIB T The ,Financial Management Services Director certifies that upon approval of the above recommendations, execution of the Agreement and adoption of the attached appropriation ordinance, funds will be available in the Fiscal Year 2014 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. TO F enters, F F j n r 7 , http://app , fwlie. r council_p c .et/`m re i w. ?III 1. 7 Z & n l a e= 13/2 13 1 /8/20 1 3.23:02 RM M&C Review i Charles W. Daniels (6199) Qr-a".0glina Depa-dMnt 8 Jeffrey W. Halstead (4210) Add*fimal rm n Aya Ei (4239) IIAQHME 1 ,ttp-.//ap .cf .+ e rye _ e " e ew. sp,?ID=1 7 &e d te= /1 / 1 0/x/20 3:23:02,PMI