Ordinance No. 6,382921008 -4
ORDINANCE NO. 6382
40 AN ORDINANCE AUTHORIZING AND DIRECTING THE DIRECTOR OF
THE HARRIS COUNTY ORGANIZED CRIME AND NARCOTICS TASK
FORCE TO EXECUTE AN AGREEMENT WITH THE UNITED STATES
DEPARTMENT OF JUSTICE, DRUG ENFORCEMENT ADMINISTRATION
(DEA); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: That the City Council of the City of Baytown,
Texas, hereby authorizes and directs the Director of the Harris
County Organized Crime and Narcotics Task Force to execute an
agreement with the United States Department of Justice, Drug
Enforcement Administration (DEA) . A copy of said agreement is
attached hereto, marked Exhibit "A," and made a part hereof for
all intents and purposes.
Section 2: This ordinance shall take effect immediately
from and after its passage by the City Council of the City of
Baytown.
INTRODUCED, READ and PASSED by the affirmative vote of the
City Council of the City of Baytown, this the 8th day of October,
1992.
l f
HHY C ILL M yor
ATTEST
EILEEN P. HALL, City Clerk
J�WACIO RAMIR , SR., City Attorney
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AGREEMENT
This agreement is made this day of , 1992,
between the United States Department of Justice, Drug Enforcement
Administration (DEA), and the City of Baytown, Texas, (City) and
specifically supersedes the agreement of March, 1992.
WHEREAS there is evidence that trafficking in narcotics and
dangerous drugs exists in the Houston, Texas, metropolitan area
and that such illegal activity has a substantial and detrimental
effect on the health and general welfare of the people of the
Houston metropolitan area, the parties hereto agree to the
following:
1. To accomplish the objectives of the Houston Metropolitan
High Intensity Drug Trafficking Area Program (HIDTA Program), the
City, acting through the Harris County Organized Crime and
Narcotics Task Force (HCOCNTF) and DEA will, with other
participating Federal, State, and local law enforcement agencies;
a. establish Major Drug Trafficking Squads (or task
forces) consisting of Federal, State, and local law
enforcement agencies for which DEA will provide
overall management;
b. target, investigate, and prosecute major drug
trafficking organizations in the Houston
metropolitan area and to coordinate with other
HIDTA regions as appropriate;
C. purchase equipment and obtain suitable office space
for use by the law enforcement personnel assigned
to the Major Drug Trafficking Squads (task forces)
by the participating Federal, State, and local law
enforcement agencies.
2. The Major Drug Trafficking Squads will perform the
activities and duties described below:
a. disrupt illicit drug traffic in the Houston
metropolitan area by immobilizing targeted major
drug trafficking violators and organizations having
multijurisdictional and international
ramifications;
b. gather and report intelligence data relating to
trafficking in narcotics and dangerous drugs;
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.
BMW A
3.
To accomplish the objectives of the HIDTA Program, the
• City will,
acting through the HCOCNTF, as set forth more fully
below,
secure necessary and appropriate: (a) office /warehouse
space,
(b) security systems for such office /warehouse space, (c)
rental /lease vehicles, and (d) equipment which furthers and
promotes the program, for the use of the HIDTA Major Drug
Trafficking Squads.
4.
The City will, acting through the HCOCNTF:
a.
secure a minimum of office/ warehouse space in the
Houston metropolitan area necessary and appropriate
to meet the needs of a unit composed of
approximately 80 law enforcement officers and
supporting clerical personnel;
b.
secure necessary and appropriate security systems
to protect and promote office /warehouse security;
C.
secure a minimum of rental /lease vehicles necessary
and appropriate to meet the needs of a unit
composed of approximately 80 law enforcement
officers;
d.
secure necessary and appropriate equipment which
furthers and promotes this program;
e.
determine specifications for the bidding process,
bid, negotiate, maintain and act as payment agent
for DEA;
f.
not obligate itself nor the DEA nor expend any
funds without the prior express approval of the
DEA;
g.
maintain the DEA funds in a manner and under terms
and conditions prescribed by the DEA;
h.
maintain dual signature control over all DEA funds
by the Chief of Police and the director of the
HCOCNTF.
5. Subject to the availability of appropriated funds or any
continuing resolutions thereof, the DEA will, up to a maximum of
$850,000.00:
a. supply all necessary and appropriate funding for
the payment of all obligations detailed above;
b. oversee, inspect, inquire, and instruct the City,
acting through the HCOCNTF, upon its requirements
and approve the necessity of expending all funds;
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• C. maintain ownership of all funds including the
interest therefrom, set aside to the City, acting
through the HCOCNTF;
d. reimburse the City, acting through the HCOCNTF, for
all expenditures resulting from these requirements
and prior expenditure approval.
6. In no event will the City charge any indirect cost rate
to DEA for the administration or implementation of this
agreement.
7. The City, acting through the HCOCNTF, 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 onsite inspection and
auditing of such records and accounts.
8. The City, acting through the HCOCNTF, 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 only authorized agents and
representatives, any and all records, documents, accounts,
invoices, receipts or expenditures relating to this agreement,
and maintain all such reports and records until all audit and
examination are completed and resolved, or for a period of three
(3) years after termination of this agreement, whichever is
sooner.
9. The City, acting through the HCOCNTF, shall comply with
Title VI of the Civil Rights Act of 1964 and all requirements
imposed by or pursuant to the regulations of the United States
Department of Justice implementing that law, 28 CFR Part 42,
subparts C and D.
10. The City, acting through the HCOCNTF, agrees that an
authorized officer or employee will execute and return to DEA the
attached OJP Form 4061/2, Certification Regarding Debarment,
Suspension, and Other Responsibility Matters. 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 if received.
11. The City, acting through the HCOCNTF, agrees that an
authorized officer or employee will execute and return to DEA the
attach OJP Form 4061/3, Certification Regarding 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. The City, acting through the HCOCNTF, agrees that an
authorized officer or employee will execute and return to DEA the
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• attached Certification Regarding Lobbying. 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.
13. When issuing statements, press releases, requests for
proposals, bid solicitations, and other documents describing
projects or programs funded 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.
14. The term of this agreement shall be from the date of
signature by representatives of both parties to September 30,
1993. 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 Adsinistration (DEA):
Ruben Monzon
Special Agent in Charge
Houston-Field Division
For the City of Baytown:
Richard E. Reff
Director
Harris County Organized Crime
and Narcotics Task Force
DEA Appropriations Number:
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