Ordinance No. 7,134941013 -11
ORDINANCE NO. 7134
• 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 13th day of October,
1994.
PETE C. ALFAR , Mayor
ATTEST:
EILEEN P. , City Clerk
APPROVED AS TO FORM:
C)
ACIO RAMIREZ, S ., City Attorney
• A GREEMENT
This agreement is made this 1st day of October, 1994 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, 1993.
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 (HID TA 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 H/DTA
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.
d. will be responsible in paying for minor repairs and regular maintenance
for vehicles.
2. The Major Drug Trafficking Squads will perform the activities and duties
described below.•
a. disrupt illicit drug traffic in the Houston metropolitan area byimmobilizing
targeted major drug trafficking violators and organizations having
mull urisdictlonal 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.
EXHIBIT 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 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/Jease 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 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
i 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, shallmaintain on a currentbasis,
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, 1995. 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 Drop Enforce n ministration (DEA):
Date �� l
Ru z
Special Agent in Charge
Houston Field Division
For the City of Baytown:
Johnny E. Erikson
Director
Harris County Organized Crime
and Narcotics Task Force
DEA Appropriations Number.•
0
Date
0
y f. p!<.PAOMMENT OF JUiT1CS
QRRiCE OaF..IY>STICS )'IttJORANft
OPf ICs or TMS COM*TROL6911
CER.MCATIONS REGARDING PONYING: DEBARMENT. SUSPENSION AND
OTHBR RESPONSIBILITY MATTERS; AND DRU04M WORKPLACE REQUfiEIri ENTS
Apptioerrte should miter tes the rap 11W9 O"d Wow to dotrw w tits aw~110n to wlttoh Of to
.tan. Applicants .hou4d 01ee revise rho Nranratl " for oaltlffcatlesn I WW@d in ttN oo4npladnll Oft
form. Signature of this form provides for (tine with oartftdlon � � PM m "Now
f 9platlona on Lobbying" and 28 Ci1A PM 67. "Govdn+meat wWO O�bOMON end apnptoounmIt} Md
09rermneot -wide AeQuko~ts fOr Dnp•Ffaa wwkplsoo ION0111." The „�M "� ee wra,rd the
ropraeentatlon of fOC, upon whwh rebana wl1 be plaead when Ow 09pa
Covorod VansoCtlon. Orent. or COOpifotivo preemant.
I. LOBBYING
At required by Section 1353, Tide 31 of ft U.S. Cods, and
implameMed at 244 CPA F&rt % 1191 ON la to "inp liar a
arant or 000peratiw altoa ftem owr 1100.9w. w deflned at
Ys C" Pan so. the "Mat eaetma Yw:
lei No Federal spwapdowd fined& have bean peld or 1110 be
gold, by or on behaM of Ow undersigned. in earl/ pwa m for In•
hwneinp or altr affilwi ne to kiwwcea ut afAw k 9aiteN►oyN Of
any Cerrgrods. o► Owoloree�Maniber Cergr n M OWI-a
ro"llen wdh the nwking of any Federal grant, tto 814911119 We
M any Cooper M. and tiM eRlanei0n. 01"OKMetbn.
rMnsws4. amendment. or repdNieeall*,% M any powol grant or
000eerstive o9fletrent:
lbl If any fume othr thin ",V epprapristed fwtde haw
own pale or wlr. 20 polo to any vorson for W wrNft w at-
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of Cotweea, ae+ ofttar ar wn*v" M Canps♦ee, of
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gel Tha undfrWild SM "trite that the IP4P M of fhb Ow-
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to CPR Pon 47. soodw 57.510 •
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.I,reeiee i pams, AM CarrltN Oee14 40 WIN" Aver+w.
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Nfleatlan nturtbarlsl of oeah Nfeeted grant;
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data of ramMM rtodce Weider urbpwooraplr_ldll21, with
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Amp abuse easlstanaa at twho WNtatloA orCOrerrh spoo6ved for
wde pmt cr M by a federal sm. or Item heal*+, law *nitro
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"" warkpig" enretrplh Implar wme0on of peragrsphs (al. Itt),
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9. The arame nevi Insert In the soaoe otftk%d below the
site(e) for tM Wonnanei N wuth dime Ito mnw`tkn, wilit
the apeatNC IIfeM:
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Pedal
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Mn.
111600" 47.820 of 1M4v 14tW4 provide$ that a gramse that
m •Stu* may owt to make ells aartiflesten M aaah federal
fleoal yew. A eaptr of whit WOM be inotuded with tech W
011eMlon far Department Of Juetae hNNOnf. Etataa 6M $11419
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Omit if die gtan that *meted to aanolete OJt+ Fvrm
t811tJa- 1h1l1v WCMKft,ACtt
(CRAMM WHO AflII IND1YIDUALM
Ae rs** i by the ".Fr" Woftlaea Act of ION. and
ImpMrnantad at 22 CFIF Aut $7. lubaut F. Ibr prorate. as
daft * 20 CPR Fart 67. Saetona $7.616 and e7.620—
A. As a oomftm of the grant. l o*t* that 1 well not angape
In the un4whrt manufacture. distribution, dispemisq. aoaee-
trot+, or Use of • controlled suestaaoe n oonductlr+0 NOT
a4tivity with the Grant: and
L If oonvk*4 at a Criminal drug offemn rewhin4 from a
vlatat w accurrind Outing the conduct of any grant activity. I
will report the conviatlen. in writing, within 10 calendar days
of the aotwbtlon. to 000e4mem of Juslite, Office of Jwtlao
firopremt. ATTN: control Desk. 833 Indiana Avenus, N.W..
W hington. D.C. 208311.
AA the duty Authorlted repreanu&A of 1M a11006aM. 1 berth*► carWir that the 4aotiasnt will comply with the above CortifIvoticrs.
1. Qrentee Name and AddnmM
�L Aedbetbn N~ &W(w pm)"t Now 3. Q►antN 1A8Nendor Number
d. Typod Name and Tide of Author M 4001464 1011V
0. iloneture 6. Date