HomeMy WebLinkAboutContract 46028 CITY SECRE'tAW
COMPACT NO.
2015 State and Local Task Agreement
Dallas Field Division
Fort Worth Police Department/City of Fort Worth
Fort Worth Multi-Agency Task Force
This agreement is made this 30th day of September,2014, between the United States Department
of Justice,Drug Enforcement Administration(hereinafter "DEA"), and the City of Fort Worth,
Texas,by and through its Police Department(hereinafter "FWPD"). 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 Tarrant County,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 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 FWPD agrees
to detail five(5) experienced officers to the Fort Worth Multi-Agency Task Force for a period of
not less than two years. During this period of assignment,the five officers will be under the
direct supervision and control of DEA supervisory personnel assigned to the Task Force.
3. The FWPD 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 FWPD 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 Fort Worth Multi-Agency Task Force, DEA will assign
three(3) Special Agents to the Task Force. DEA 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 five 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.
FFHr,6AL RECORD
pilV SECRETARY RECEIVED OCT
� o G9�.�[ �'E�9 4 2Q14
6. During the period of assignment to the Fort Worth Multi-Agency Task Force, the FWPD
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 FWPD for overtime payments made by it to officers assigned
to the Fort Worth Multi-Agency 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 Fort Worth Multi-Agency 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." The salary for one clerical support will be reimbursed
to the FWPD in the amount not to exceed $30,883.00.
7. In no event will the FWPD charge any indirect cost rate to DEA for the administration or
implementation of this agreement.
8. The FWPD 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 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 FWPD 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 FWPD 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 FWPD
acknowledges that this agreement will not take effect and no Federal funds will be awarded to
the FWPD 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
FWPD shall clearly state: (1)the percentage of the total cost of the program or project which will
be financed with Federal honey 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 until
September 29, 2015. This agreement may be terminated by either party on thirty days' advance
written notice. Billing for all outstanding obligations must be received by DEA within 90 days of
2
the date of termination of this agreement. DEA will be responsible only for obligations incurred
by FWPD during the term of this agreement.
For the Drug Enforcement Administration:
Date: /1)- -��
Daniel R. Salter
Special Agent in Charge
ACCEPTED AND AGREED:
CITY OF FORT WORTH:
By:
Cha les W.Daniels
Assistant C' Manager
Date: AM/h/7/
APPROVAL RECOMMENDED:
By: w•
Jeffrey W. Halstead
Chief of Police
Date: -1- 310 jq
APPROVED AS TO FORM
AND LEG ITY:
Ke adrid
Assistant City Attorney ��°®,0��®
o�
ATTE T• �$ 8�
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By' ° °°° °°°°
Mary J. Kay e °
City Secretary
Contract Authorization:
M&C: ---
Date Approved:
3 MY S F,U ki,IEMR y
U.S. DEPARTMENT OF JUSTICE
t 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 ubb Ic (Federal.State,,or Local) t� saction or co tr ct un er a
ubiic transaction;, violation of Fed al or Snta n trust
As e uir d by S t' q3 T'tle 31 of the U,S. Code, and t totes commission of ambe �ement, the o ery,
im Cerr�enefi at 28 Part 69,1` rsons a tering into t r�er , ffalsification,or destruction o records, making alse
rpcoo ative a reement over$1�t�,600, as defined at 2��p� statert�ents,or receiving stolen property;
Fart 6 tie appli ant certifies that:
Are riot present) indictteid for or thyrwise criminally or civil$
(a)No Federal ap ropriate funds have been paid or will be paid, War god p a ove n a ntit (Foe era[, St to,or cal wii
b or on bbeehalf pfp a unders ed, to an erson for influencing omr ii Says of an� OFM ofl�ens s enumerate in paragra�h )
o�attempting to inf ence an Ngicer or eriYrpbyee of any agency9 �b)o tics certifica on and
a Member of Congress, an officer or employee of Congress, or
an employee of a Member r Congress t connection with the (d Have not within as re ear griod predcedi�rg In!$apglic(atiop
makin of an Federal rant the enterin into of an �d .one r more u i satins a era, to e, r oca
cooperative agreement, an� exfension, contnuation, renew ) terminates for caus or eau t;an
amendment,or modification of any Federal grant or cooperative
agreement;
B. where the a plican�t� is,unable to c rtity to an of the
stateme,ts in thisp certification, he or sne shall attach an
b f an �u ds o��erthan Federal a pr priated funds have.been expianat<ion to this application.
or sill ae id to an p�rson for nwuencm�or at em in� to
Q uence an o cer ore p ee 4f an apen ry a e e off
a0n ress, ar o cer or em o ee o Conjre o an em lo�yee� 0 3. DRUG-FREE WORKPLACE
vlembr r o Con ress n co nection w h t is Fe era an or GRANTEES OTHER THAN INDIVIDUALS
cogqpe.rati e a r �rr t, the ersi @d s�all co p e� and ( )
sugrllit lanaarr rm . - disclosure omf o�ibying
Activities, in accordance with its instructions; As required b th FDF� Frte� W rl�placte�c(t of 1n9t88, and
ae ne�a 28a FR fart 7 U66tionns Pr615 and%a/.6 ( as
(( The ndorsi ne sh II require that the la u e f this cer-
fl ation in I�de�in tie award documents or a�tgsugawards att A The a li t rtifies that it will or will continue to provide a
a[�tiers mc�udm subgrants, contracts under rant ar�d drug-free or�ip�ace y:
coo ratio ree,,ents, nd su contr Cts an ttlat a su -
recients sha�I certify and eisclose accoraing�y.
u�a P blishi a stat meat noti{�rin emplo ees that the
awl ma ufa�ture, isUnbuti on, f1�s8bbrl)Si��g p ssession, pr
use Or a corstro ed.ttvvSu s nce Is arhat�will beaker�ragaoiest
km �� ION,AND OTHER employeesforvi atciotr�o�suacYrpronibition;
((b tstabli king an on-going drug-tree awareness program to
As required b Executive Ord r 125 9, barment nd 1&llrmemp�oyeesabout-
Sus nsion,.andyim implemented
t 2 CFK Prt 67,f Sr roses �iv
i�arttr ant i r mar c v re8 transactions, as doefined a� 2�
EfR Wart t87' ion�7.5Q18 (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:
3 A available dru c unseling, rehabilitation, and employee
(a) Are not presently debarred,suspended, proposed for debar- (as�sisGnce programs;
declared ineligible, sentenced to a denial of Federal
benefits b a State or Federal oTt,or volu tariy excluded fro LUThe arialties that ma bet im�os�c� ucepon employees for drug
covered transactions b any ederal tle artment or agency; se v o a ions occurnn in he or p a ;
(c) Maki it a req it rent that each employee to be en a ed i
b Have nott w th' a thr e-yea riod eced'n t is awl* tion fhe er{o'9mance o t rant be given 2 copy of the s Pa men
elen conyictecl 0f r hMea civi� i g e �re nder�crara�its iQM req�ired 6y paragmp e(a�
or commission of,�ra r a cn ma o ense in con ection wi
obtaining,attempting to o�itam,or performing a
d Notittvvi tthe em to ee, in the tatem nt q fired b
�r egapph tvhpt, as�co�idition ofempisoymenef under pt fie gran
OJP FORM 4061/6(3-91)REPLACES OJP FORMS 406112,406213 AND 4061/4 VVHICH ARE OBSOLETE.
(1)ANNbide by the terms of the statatement;and
v2�latiotiriyo aecnmpri IYedrun stntut% occumnr her heowor kplace no
later than ve calendar Rags after such con�ction;
(e)NoTit ing the a eff��c , in writin with U lentlar tla s after
Pece m� r)otrce u�perysub ara�aph, x)22 o an ert� Ip ee Check F_ �f there are workplace on file that are not identified
r o'terwis receivm a tuap nohc� of suc}r,conv tl n. ere.
�m to ers oc nwc d�mo ees st rovid once, n Pu ,n
osptio�i titlee egartpm nt o s(pa Sffi e o� CUStr
�tograms, A a 0l eSk, g I lls a Avp ue,J N.yV S cti n 67, WO of the ulatbns vides.that g nee that i
wa hr t n, D.� 2 5p31. t once shad incline the u�entificatah a?50 ma ele t to, a on cerfI is o in. ac� �eder I hscaI
number s�of each a ected grant; ea� P co o y Ji t o r�e incgt t W 1 ndegartepap�icat(on
or e art Xnt o ice m genies
may elect to use orm 4061/.
WTIM one, of the follawia�q actipns, wgithn 3(Od)(��le dy
a s o eceivi note pn r sup ara ra Check F- if the State has elected to complete OJP Form
resYpecttoany em who is so convrated 4061/7.
(1) Taking apgropn2to petsorinel ,action amintst such n G-F g�E�pR K��,qC�E
em� ee, up rLp Inclptln eAminfic2n co is ent wth tfie ANTEES WHO ARE INDIVIDUALS)
req rr ments o the r�ehabiitat�on ct o 1y73,as amended;or (C�ljq
(z) uch empl y o artici ate satstactoril i a dru As required by e uu u F re W rkplace t of 1988, and
9tfuse asshis�an�e or re�aPh�itatPon prPq�rarp a roved �or suc�i r plerrdent dd tt 22 CFfrt � rt �7, Stubpart F, c# r r ntees, as
ur oses a ederal, tate, or loca eath,Raw en orcement, de ne at�L8 �FR art67;Sections 67.615 and 6�7.bg2�-
pOr�ther ap�ropnate agency;
A. As a co dition of the gr.nt, I cprtity that I Will not enq a in
(g)Making a good faith effort to continue to maintain a drug-free the unla furmanuf ctture, distr�utron, dis ensin osS$siop
workplace through implementation of paragraphs(a), (b), (c), (d), �ie gra tancpontrol�ed substance m conartion an�actiwtywith
(e), and(f).
The grante may insert in the ace. rovided below.the ite B. If convinced of a criminal drug offense resulting, from a
s f4 the erformance of work dgne is connection with tie violation occurringg during the conduct of any rant activity, I will
p)ecltiic grarpt: report the con iction, in writts� Withi 0 ca endar ci ys of the
conviction,to:[�epartmentof�Ustice,8f c of Justice�rograms,
Plc of Nertormae (Street address, city, country, state, zip ATTN: Control Desk, 633 Indiana Avenue, N.W., Washington,
co�e� n D.0.20531.
As the duly authorized representative ofthe 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 IRS/Vendor Number
FY 2015 State and Local Task Agreement/Fort Worth Mttlit-Agency Task Force 75-6000528
4. Typed Name and Title ofAuthorized Representative
Charles W. Daniels,Assistant City Manager
5. Signature 6. Date
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.
DEA Multi-Agency State and Local Task Force Agreement Page 6 of 6
M&C Review Page 1 of 2
Official site of the City of Foit Worth,Texas
FORTWORTl1
COUNCIL ACTION: Approved on 9/23/2014 - Ordinance No. 21468-09-2014
DATE: 9/23/2014 REFERENCE NO.: **C-26989 LOG NAME: 352015 HIDTA
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 Costs in the Amount Up to
$138,994.00 for Participation in the North Texas High Intensity Drug Trafficking Area
Task Force Group 2 for Fiscal Year 2015 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 for reimbursement of overtime costs and for participation in the North
Texas High Intensity Drug Trafficking Area Task Force Group 2 for Fiscal Year 2015;
2. Authorize the acceptance of the amount up to $138,994.00 for the reimbursement of overtime
costs for eight 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$138,994.00, upon execution of the Agreement.
DISCUSSION:
Since 1999, the City of Fort Worth has worked cooperatively with the United States Department of
Justice, Drug Enforcement Administration (DEA) to address the problem of drug trafficking in North
Texas through various task forces. The North Texas High Intensity Drug Trafficking Area (HIDTA)
Group 2 Task Force seeks to reduce the volume of narcotics and controlled substances being
trafficked into and distributed from the North Texas area through aggressive detection, interdiction,
enforcement and prosecution of those individuals and enterprises engaged in such illegal
activities. In particular, the HIDTA Group 2 Task Force focuses on major drug trafficking
organizations.
The Fort Worth Police Department currently has eight officers assigned to the HIDTA Group 2 Task
Force. The City of Fort Worth will be reimbursed by the DEA for overtime expenses related to the
department's participation in the HIDTA Group 2 Task Force in the amount not to exceed
$138,994.00.
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 current operating budget, as appropriated, of the Grants Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
GR76 451891 035423753000
$138,994.00
httn•//nnnc rfwnPt nra/rnrnnril nnrke.t/mr. review.nsn?TT)=9.0?97&ccnincildate=9/23/2014 10/14/2014
M&C Review Page 2 of 2
3) GR76 5 $138,994.00
(VARIOUS) 035423753010
Submitted for City Manager's c
er's Officpby. Charles Daniels (6199)
Originating Department Head: Jeffrey W. Halstead (4231)
Additional Information Contact: Aya Ealy (4239)
ATTACHMENTS
352015 HIDTA 2 A014.docx
httn-H.gnn.-, c,.fwne,tni-o,/c,.c)iin(-.iI nnrVt-t/mc- 10/1 A1701 A