Ordinance No. 6,797930923 -24
ORDINANCE NO. 5797
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) FOR THE MANAGEMENT OF HIDTA FUNDS; 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 and
attest to an agreement with the United States Department of
Justice, Drug Enforcement Administration (DEA) for the management
of HIDTA funds. 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 23rd day of
September, 1993.
PETE C. ALFARO, Mayor
ATTEST:
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• AGREEMENT
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This agreement is made this 1st day of October, 1993 between the United States
Department of Justice, Drug Enforcement Administration (DEA), and the City of
Baytown, Texas, (City) and specifically supersedes the agreement of October, 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.
OUBlT A
• 3. To accomplish the objectives of the HID TA 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 HID TA 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 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 overall 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,
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 audits and examinations 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 406112,
Certificating 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 attached OJP Form 406113,
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 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, 1994. 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 Administration (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.
41
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