HomeMy WebLinkAboutContract 46027 CITY SECRETARY .
CONTRACT NO, ""1
2015 State and Local Task Force Agreement
Dallas Field Division
HIDTA Group 2
City of Fort Worth
Fort Worth Police Department
This agreement is made this 1 st day of October 2014, between the United States Department of
Justice,Drug Enforcement Administration(hereinafter "DEA"), and the City of Fort Worth
(hereinafter "CFW"). 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 CFW
area and that such illegal activity has a substantial and detrimental effect on the health and
general welfare of the people of CFW,the parties hereto agree to the following:
1. The HIDTA Group 2 Task Force will perform the activities and duties described below:
a. disrupt the illicit drug traffic in the CFW 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 HIDTA Group 2 Task Force,the CFW agrees to detail
eight(8) experienced officer(s)to the HIDTA Group 2 Task Force for a period of not less than
two years. During this period of assignment,the CFW officers will be under the direct
supervision and control of DEA supervisory personnel assigned to the task force.
3. The CFW officers assigned to the task force shall adhere to all DEA policies and procedures.
Failure to adhere to DEA policies and procedures shall be grounds for dismissal from the task
force.
4. The CFW officers assigned to the task force shall be deputized as task force officers of DEA
pursuant to 21 USC 878.
5. To accomplish the objectives of the HIDTA Group 2 Task Force, DEA will assign Three (3)
Special Agents to the task force. HIDTA will also, 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 CFW officers assigned to the task force.
HIDTA Group 2 S VMFAtRECOM greement Page I of 6
CITY SECRETARY RECEIVED aC 5 20M
FT.WORM TX
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 HIDTA Group 2 Task Force , the CFW will remain
responsible for establishing the salaries and benefits, including overtime, of the CFW officers
assigned to the task force and for making all payments due them. HIDTA will, subject to
availability of funds, reimburse the CFW for overtime payments made by it to the CFW officers
assigned to the HIDTA Group 2 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$17,374.25,per officer position.
If an officer is unable to complete the mission of the HIDTA Group 2 Task Force and is replaced
by another officer during the term of this agreement, the overtime payment for that position shall
not exceed that which would have been available to the original officer. Note: Task Force
Officer's overtime "Shall not include any costs for benefits, such as retirement, FICA, and
other expenses."
7. In no event will the CFW charge any indirect cost rate to DEA for the administration or
implementation of this agreement.
8. The CFW 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 CFW 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 CFW 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 CFW 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 CFW 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 CFW 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 programs funded in whole or part with federal money, the
CFW 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 program or
project.
HIDTA Group 2 State and Local Task Force Agreement Page 2 of 6
13. While on duty and acting on task force business,the CFW officers assigned to the HIDTA
task force shall be subject to all DEA and federal government rules, regulations and procedures
governing the use of OGV's for home to work transportation and for personal business. The
HIDTA Executive Committee acknowledges that the United States is liable for the actions of
task force officer, while on duty and acting within the scope of their federal employment,to the
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 30,2015. This agreement maybe terminated by either party on 30 days advance
written notice. Billing 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 CFW during the term of this agreement.
For the Drug Enforcement Administration:
Date:
Daniel R. Salter
Special Agent in Charge
For the Fort Worth Police Department
iv t I - Date:
Jeffrey Halstead
Chief of Police
City of Fort Worth
For the City of Fort Worth
Date: /d, dL. /ff—
C arles W. Daniels
As-silsta6t City Manager
City of Fort Worth
APPROVED AS TO FORM ATTEST:
AND LEGALITY:
By: �d By
Kell Madrid OF F,®� ary Kayser
Assistant City Attorney °°° Secretary
S °
0 ract Authorization:
C:
ate Approved: 9 /J V
OFFICIAL RECORD
HIDTA Grou , �,T rce Agreement Page 3 of 6
K WORT Nq V2,1s
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 wh ich 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 (None rocure me nt)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 (Federal.State,.or I.ocal)t� action or co tr ct unnd�er a
transaction;, violation of Fed al or Sntaa ntitrust
As e uir d by S t' 3 T'tle 31 of the U,S. Code, and t utes commission of embe lement, then To ery,
imp�err�enfetl at N5W dart 69,1`o rsons e t rm9 i�o t r er , fa,sification,or destruction o�records, making alse
r coo five a reement over$1 b ,b00, as Reefined at 2 � staterr�ents,or receiving stolen property;
art 6 tie applii ant certifies that:
a No Federal a ro Hate funds have been aid or will be aid, Are not present indicttetd fotirtor(ptt rwilseSt r{,minaU orl�willyh
( ) pp p' p p ar ed pyn a fgove pjnn a n n
bb o on bbeehalf 4ffthe unders ed, to an erson for influencing om i 0 o, an o e offens s enumerate in paragra�h �1)
o�at�empting to in an of icer or er>Ygyee of any agency, �b)o tries cerUfiMon;and
a Member of Congress, an officer or employee of Congress, or
an employee of a Member of Congress in connection with the tl Have not within a thre ear eriod a edi IIhi a li do
makin�q of anry Federal grant the enteringu into of anj �dd .one r more Eumi -XXr�saeUans edcera Sta e,pgr Soca�
coope ative ag eement, an extension, contn ation, renew ermmatecr for taus or au t;an
amendment,or modification of any Federal grant or cooperative
agreement;
B. Where the a pieta�� is,unable to c rtity to an of the
stat ments in thisp cerfification, he or s�ie shall attach an
b of an� idids ot�er than Federal a pr�priated fund have,been explanation to this application.
or i e i to an ee fo in uencino or atem�nin� to
uenc an o cer ore ee qq an a en a e e of
a eress,ar oC ter or em o ee 0 1Conres� oiyan em lorye of 3 DRUG-FREE WORKPLACE
mber o on ress n co nection w h t is Federa an or
cup �n t, the unndCtersi d sail co � and (GRANTEES OTHER THAN INDIVIDUALS)
q al itaU kant�ar� Vorm j disclosure o p onbying
cUvies, in accordance with its instructions; As required b IpF� Fre� W rkbplacetFAcft of 1nn9tt88, and
isn lerisen ed a � 'ar 7, Squ bp�r615 anda/.6 as
e,l a at 28 art 7 ections 6
(( The �ndorsVV.sh�ll require that the la u e f this cer-
ti an l n e award documents dr a�tgsu�awards att A T a li�a�t cebtifies that it will or will continue to provide a
l�tmc�udin� subgrants, ontract and r r nt a d drug-reeor p ce y:
reciipentssha�igcmertify and d8iscdlose�acco��ing�yan� tliaa ai� sunb-
(a P b ishi a stat metrt noti{�� em to ees that the
u�aw � malr ufa�tuae, is nbution, tlis gnfin yp ssession, gr
use o a coatro a .fifi,�,u s nce Is r ifi e� re HE dgrantees
) p(� ( ION,AND OTHER emp�yees orA atcio"n�o�su�ch proniibition wi I be a e against
t� U +���� �(,,yy�� ��b Establi hng an on-going drug-tree awareness program to
As r Uired b Executive Ord r q25 9, barment nd Worm em po eesabout-
Sust�nsion,.andyim implemented nt 2 CFK Prt 67,f�r rosper�i�r p y
EfNcNari tbs7i�ecr�onnr�7c5p�nre transactions, as a ned a (1)The dangers of drugs abuse in the workplace;
(2)The grantee's policy of maintaining a drug-free workplace;
A. The applicant certifies that it and its principals:
a Are not resenti, debarred,sus nded, d3sJ Aic available druga counseling, rehabilitation, and employee
( ) p pe proposed for debar- sis nce programs; n
ment declared inetigable, sentenced to a denial of Federal
benefits b a State or Federaly oirt,or volu tarit excluded fro Y (aTher�alties that ma� bet im�os�p� ucpon employees for drug
covered transactions b an ederal department ors agency;; se voa onsoccurrin in he or a e;
tt (c) Maki d a req it ment that each em to ee to bee a ed in
Id e'a h a ycevif g°e {r�enY.er��i a�iQsl� ie°r in egt�ired" y pa�ag p (a�mnt be given a�c�py of the stat�ment
or commission of Tra r a cn ins o ense in con ection wi
obtaning,attempting to o tam,or pe orming atv'� tt tt
�d. Pra wpt, as apco�iedeition ofemptsoymenPf unclergtrteegran�
ra ra
OJP FORM 4061/6(3-91)REPLACES OJP FORMS 406112,406213 AND 4061/4 WHICH ARE OBSOLETE.
(1)Abide by the terms of the statement;and
v?] 113 onfyo a crign �edrun stnt i occu�rini inn theowo kplace no
late five calenctarda�s attersuch conviction;
e)Notif ing the a efn�c , in writin ith lendar days after
ecervux� 0otice W4p�sub ra$�aph 12)22 rorrn an emplq ee Check ( hf there are workplace on file that are not identified
or otherwis reeeivin a ua noti o suc conv ti n. ere.
Em to er$o>e nvrc d em oyees st roved otice, n Puy,
rr��os�tio�i titlee epartpm
it o{n s(pr Sfi o� Custro
F'roprams, A n 0l eSk, g In ra Avq ue,J N.yV S cti n 67, ti30 t the ulatbns vc�es that g ntee that i
WWWa hi t n, C 2 �31. Notice shal mc�ucle the rrSenUficatan aeSta�e ma ele n to, ae on ceriptroat o m. c� �eder I fisca�
num berTs, of each a ected grant; ea . A co o h c�i sho Ic� e inc,ic
Z Wilde h ap aIication
or 6elpart Xnt ojp� ice nqj fates arxf ate apgencies
��flfl may a ect to use Form 4061/.
tJ'a saot'n�eceivi of note foil iaerasu�,�,arwr�aprn �d)( lend�r
res�pectto any
em who is so convir to Check if the State has elected to complete OJP Form
4061 U.
1) Taking ap o ri to p rso nel ,a lion a ain t such n �LpC�E
melr ee, up ar> hnclU n rtedrrtin cfi co�isrs ent wth the C)RLtC l� E WHO ARE INDIVIDUALS)
req it ments o the a abihtat�on c o 173,as amended;or llc��ft�q
�Z)Kequiripq such emplQ�yehet to participate satistactoril in a drug As requirtl by e u u hie W ,kplace A t of 1988, and
tuieseses s an e e�al, Stabtetatlo ildarrMeaTthaRaw enforicementtf an�len�e tee Z rt6 ; rt for 7. 5 aFnd be�/.bg2�ntees, as
Er Ttcier appropriate agency; a ine a art 67;Sections 7.
A. As a co dition of the grant, I cprtny that I will not engage in
(g)Making a good faith effort to continue to maintain a drug-free the unla futrmanuf ctture, aistrbutipn, dispens, osS sSlo
workplace through implementation of paragraphs (a), (b), (c), (d), ruse o�a ntrolled substance in con lion n9nypac`eePy wi�h
(e), and(f). a grant;anc�°
The grant e may insert in the ace, rovided l7elow,the ite B. If convinced of a criminal drug offense resultrtrg, from a
sl fq the erpormance of work ctgne i�i connection with tie violation occurringg during the conduct of any rant activity, I will
pect is grant: report the con6iction, in wri ir�gb ice, 0 ca�endg ds of the
conviction,to: epartment o slice, ce o J us ice
Illy of Pertormance (Street atltlress, city, country, state, zip ATTN: Control Desk, 633 Indiana Avenue, N.W., Washington,
coae� 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, 1000 Throckmorton, Fort Worth, Texas 76102
2. Application Number and/or Project Name 3. Grantee I RS/Vendor Number
FY 2015 State and Local Task Agreement/HIDTA Group 2 75-6000528
4. Typed Name and Title ofAuthorized Representative
Charles W. Daniels,Assistant City Manager
5. Signature 6. Date
Ao. (04-1111L
EXPLANATION FOR CERTIFICATIONS DEBARMENT, SUSPENSION AND OTHER
RESPONSIBILITY MATTERS SECTION
In an effort to fully disclose information related to the questions posed in Section 2 of the
aforementioned document, the City provides this explanation. In 2011, eight City of Fort Worth police
officers were indicted for misconduct related to several Texas Department of Transportation (TxDOT)
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. The officers were 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; however, in January 2014, the Tarrant
County District Attorney's Office dismissed all charges against all eight officers stating that new
information had affected the viability of the prosecution. None of the relevant officers are currently
employed by the City of Fort Worth; however, appeals regarding the termination of employment of
those officers are pending.
Based on the definition of"principal" in 28 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 67.995 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 outcome of an activity required to perform the covered transaction.
The officers involved in the above described incident 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 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"DEBARMENT, SUSPENSION AND OTHER
RESPONSIBILITY MATTERS" is true, while disclosing the information above and stating that the
former officers involved in the incident do not qualify as principals.
HIDTA Group 2 State and Local Task Force Agreement Page 6 of 6
M&C Review Page 1 of 2
Official site of the City of Fort Worth,Texas
CITY LOUNCIL AGENDA
FORT NVORTf_I
COUNCIL ACTION: Approved on 919/2014 -Ordinance No. 21418-09-2014
DATE: 9/9/2014 REFERENCE NO.: **C-26955 LOG NAME: 35FY15DEA MULTI-
AGENCY TASK FORCE
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize Execution of an Agreement with the United States Department of Justice, Drug
Enforcement Administration, to Continue Participation in the Drug Enforcement
Administration Fort Worth Multi-Agency Task Force, Authorize Reimbursement of Costs
Associated with Participation in the Amount of$117,754.25 and Adopt Appropriation
Ordinance (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
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 continue participation in the Drug Enforcement Administration Fort
Worth Multi-Agency Task Force;
2. Authorize the acceptance in the amount of$117,754.25 for reimbursement of overtime worked by
the assigned officers and a portion of the regular salary of the support personnel; and
3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in
the Grants Fund in the amount of$117,754.25, upon execution of the Agreement.
DISCUSSION:
The Fort Worth Police Department (FWPD) has been an active partner in the Drug Enforcement
Administration (DEA) Fort Worth Multi-Agency Task Force (Task Force) since its creation in
1985. The officers assigned to the Task Force perform activities designed to hinder the illicit drug
market in Tarrant County and effectuate the prosecution of offenders in the courts of the United
States and the State of Texas. The duties of the Task Force include, but are not limited to,
immobilizing targeted violators and trafficking organizations, gathering and reporting intelligence data
related to trafficking in narcotics and dangerous drugs, conducting undercover operations where
appropriate, and engaging in other traditional methods of investigation.
FWPD has five officers assigned to the Task Force, and the DEA reimburses the City of Fort Worth
for their overtime costs. In addition, this Agreement provides funds to reimburse the City of Fort
Worth for a portion of the salary of one clerical employee performing administrative tasks in support
of the 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, execution of the Agreement and adoption of the attached appropriation ordinance,
funds will be available in the Fiscal Year 2015 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://ap.ps.cfwnet.org/council_packet/Mc—review.asp?ID=2015 I&councildate=9/9/2014 10/14/2014
M&C Review Page 2 of 2
TO Fund/Account/Centers FROM Fund/Account/Centers
3) $117,754.25
GR76 451891 035423743000
3) GR76 5 $117,754.25
(VARIOUS) 035423743010
Submitted for City Manager's Office by_ Charles Daniels (6199)
Originating Department Head: Jeffrey W. Halstead (4231)
Additional Information Contact: Aya Ealy(4239)
ATTACHMENTS
35FY15DEA MULTI-AGENCY TASK FORCE A015.docx
http://apps.cfwnet.org/council_packet/mc review.asp?ID=2015 I&councildate=9/9/2014 10/14/2014