Ordinance No. 7,565951109 -13
ORDINANCE 7565
• 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 9th day of November,
1995.
PETE C. ALFARO, Mayor
ATTEST:
EILEEN P. HALL, City Clerk
APPROVED AS TO FORM:
CIO RAMIREZ, SR., tAy Attorney
0 legal/ council /novembuh1- 9- 95auLKAGREEdea
A GREEMENT
• This agreement is made this 1st day of October, 1995 between the United States
Department of Justice, Drug Enforcement Administration (DEA), and the City of
Baytown, Texas, (City) and specifically supersedes the agreement o "f October, 1994.
•
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 b y 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.
EXHIBIT 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 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, 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 an y 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, 1996. 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):
Date
Donald F. Ferrarone
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:
•
Date
4 r;ty-
S. 09FARTttitar'/ 1 yr wvsr..�-
i1r1CZ 'Or. JUST1CZ PROORAII(I;
OF1•tCZ Olr 7MS COMPTROLLER
cERMFlCATSONS REGARDING LOBBYING: OEBA M �P�� E �ut�E��ID'T8
OTHER RESPONSIBUTY MATTERS; AND DRUf�-I�I�E
Applicants should refaf to the f*GU.I dons Ctisd below to d"'rmi" ft party WIcn to wMCh dtsy as r"ulfad tb
afflict. Appliasnts ■ha+id alto review ttw i�structiorm for carsffl!cstlem WAUded In Ilia sdans Wore t`wm*tlrl4 tills
form. Sionsturs of this form provldaa for Compiia�ae with oartlfkatloft rtlqukrWGrtU Cf�! ®�' '�Vaw
ft"trictions on Lobbying and 28 CFR Part 57, 13pvammem-wi le Cobarmem and Slsspafts m G%0rtpraattrsfi+r) trxt
Govemment•wide flevulrermmn fof DmG.Ffae WoriM14te 1Grarnst." The Csrtfllcstk= 5W ba tsaotod anti a matVW
regfessmat+on of fact upon wMOh ralfarl m wftt big pisosd wrlsrl the Dv$wnmem of Jen law detsrrrlkm to award the
covered iranaso:Va 1, pram. of C009#Mtftr* 99mment,
1. Lp$aYtNQ
As rpulrsd by $#atom 1752. Tide 31 of the U.S. CQde, and
hnplamemod at 28 CFR Fin a1i. for qwm" erRSrlrq Inw s
rant or cooperative aprsemem ovtr I100.0W. va lofted rt
I6 CFR Fart Os. the oppuent certmee thst:
(al No Fedvfil spproWittad Rinds have bHn odd or will be
paid. by or 9m behalf of the undsrs19119d. to wrf persprl for In•
ffwnc("C or •"oomrtiflo to lnftumes en OMl640 4t em I&M of
Orly egeney. a Mambr of C0n9rna, sn officer at nftplorm of
Congress. or on enq)wyte of t Mtmba of Cengf ks In Con•
"ection wd% the rn"" of any Federal grant. ft eftt,6119 Mt0
of env c000srs+jr•+ ro as Am. and the -..m fOf►. = t mmllon.
ra, swat. &,*9" in+.rlt. or ff4Mictti4m of any Ndersl plant or
O"Perstive 091strrlr":
tbI if any fu r4s other than Federal tppropriated furrtds have
ow Palo or wli: �a Oslo to any person for mfMrsm;krs utr at.
w mptlr g to influence en oM;m or employes of any agency. a
Member of Congress. an officer or rr ocy" of Carrgreas, of
on arrmfoyes At a Member of Comm" in eoinnoctim with thle
(ledsra, Wernt or Cg0VVVU" "resmam, ties t■ ftmlrmd bh.A
cormplae Ind subfm Standard Form • LLL. "010 re of
Lobbying Activities." In socardance with Its fmVu ctkx 9;
tol The undersigned $him rtau lm that tm IVVm as of thla car-
tnioatl4n be Included In ter award docummmU for en aubaW&ft
at se tins (bWudtng subgrsnts, oontrsote undo grants and
cpawstive agrmonsnte. avid SwRorftneta) and that sit tO-
ranlclerltat MaB utttfif trod dlad?as eccatdhgh..
2. j3rjW >P mjudT, WsFEl! MN. AM CrAM
>>fUP0N6WWY MATTUM
CONrcCT Imcm mn.
As mqu:red by Eltev tfve Grdu
Za 0. ��
Sumoomlan. at eno.n "sd at i P.t a +»C-
f Vg
oartic4mts In prunary cowfad Iran =actions. as d*fhtad at
28 CPR bast 67. 5ectlam 87.510 -
A. T'i a sm ;lk4mt nrtlMa that It avid Its 0111 psh:
W Aire not prswntly dabsrrsd. auapattdad. Aropaasa for debar-
merit. deafand Insilow, tartsflosd to s dIR M of Fodarat
bermir s bin► a State or Fedard cant, or vOArA h ettohAdsd
frsnl ecoorod two ssal1ns by Ow 40" OsOm W"
a s9snar.
(i) Msv* not within s tflreaWar period prsosdtq dole "vl►os-
von Cam corwicted of or had a civil PAVOwn Teredersd against
ttla n for oemmvaWoo of 17eug or a Crtrltl m ommo In cmmw
f o With pbtak", ltnmatrng to pdtain, Of psrftrrmlrlp s
OubW l:er+hd, lute. Or loved bwme ftn or act"Nar Under it
public trartaaotioe: viclstltm of Federal a % tv art►trtrst
sumrm or comefllasbn of embitsfwrlam. theft. forms.
bribery. t.latfiostfor+ or daatnatedM of fiords. M141M 4"
sfotoet+onv.
of reseivtrq seown Oroparryr
(ot Ars not presently Indicted for of adwWlae crfmlmlly of
dvft dwfpad by a Qovsfrraerrtaf witty mod". state. or
focal) with commission of any of *1 offensaa wriararsud In
peret;TSAt1 11 ?Sbl t:t tflta cefnflottron; am
Ids Km not withlm a tfuee -seer VW194 Mtsding tit W4a'
tlon hb one at moor* qurbfto trW146 tfsr+s 09"I'd. VM- or
k sll lem~vd fa airs" Of defsrilt: ere
V, wMre tits et scent 14 urAift to certify to aver of tits
atstolimtte lrt this detffketion. f» Of sM ahs$ shave sn
flowed" te t?lla 4006410^
3. 0M-FM WORKPLACE
f QRARMS OTHN TWW MMIDUAL81
As reltulrad by IPA orujFfee waftptaoa Act of 196. and
{mosmlertttd a 21 CFR Put 67. Subpart F. for WWttefl. as
d"md at 22 CFjt Part 67 tsasiona 67.645,MId 67.620 -
A. The 'ss Oont oardIW OW It*11 or *0 0010W to pimida
I dfugrhsa woffl$m W.
ko pomm+ms a seater m rt of 011" Am fdeat Ina
.:arllawfud mterwfocurn, dkvbud l+: . ooaler"ib% or
esa cf a eontaok d ear SW= Is v n "v18nm'a
werkpla4a and evaofhino vw aatfgnl alai V4 a "ilea ew
enwavass fa► trfefadan a� awllt ps11�Ir+nr
04 Eetabiw" an vr►R*q *A-f a swo prowairm to
tnfotm tntpfvyarAa aoow-
tt t Tit. darrasre of aln� aMws aA lice wsrh+tewl
12) Tit pnn Wo go"of mlllr odim a &A-fm workpidoa:
(91 Any araiEabia drug oourtasflrtg, Mhsbllltaldan. and "VICyee
est4w4e arerorn.r mW
(4) The p4nWN diet 154y be iRV"l W" 9rncfoyeM for
dnm abuse vWsbom D=mffreg h the w6fk09=
toe YakWq it s rrlqultsnoerle Meet each .nprewa w be womd
In the pstforilmies of file peat be ghfsrt s ottpy d t11a stem
ff4m f-4w by poogrs0h Wk
(d) Novying the etmpsoyw in the ttaterrltnt m0sd by
parts r Iles ewrnpbyee 0 cw m m of etrtproy. 0" under Un
Y 'a.ell naaLACaa OJP POReae /O411a. Aerla AMC 406114 wwrCM AMC 011a�aTC
OJ/ Ip1 o
0
s
(1) Abide by the term• of the otlM 1010 &ld
121 ?" ttv ttht -M Yet In wtriltng of his or ht► aonvictlan far t
,Wartson of a whWnal drop euovre ooaurfrq In " worlrvhee
no Letts thin five oairndw day afar sugh oorwie*M:
(el >~lvW*W ow aganer. in wrftlng. whlrin i0 calendar days
srMsr roealvinr maws afar eiii6owMMrh (01W ftwn an
oc O"Ie rtadv* q oaual nonce d ow;h catrtvia•
lmpl0yWo of.aonvi -1 on"v mint RMV49_notkr.
lnoludlttq poaitlon t ift, t0: Oapwatwnt of Jug 6. Of l of
.hasty• Pr ramp, AMI Can" Nab. 079 1n4leM Av> W.
fi1.W.. Wises Anwon. O.C. 20691. moo" ahait lncn.ida the Idtn-
dfloattarh rtumbw(at a( each erffaatad 91ute:
M T*kM one of a» WOW* e0slona, txitftirt 30 osiar►dar
do" af ruc aiwk Hock+ under wAparaprtaph. idug). with
r*wwt to any *motorse who Ira to cxtvwm-
t 11 y0j" e0pt0OM" WSMW rf alRta► tgelnot $Wh art
employ*.• up to and tnc&4lrq op.. hwtsvn, conaiatern with dw
requltvirmwto of tht FLhabilitttFm AM of 1973. 80 $"WWW or
(21 II04uitltt0 ouch w li0ioyte to pardelpate aatisfoctwity in a
dria sbues assistant+ or nlhobl1U%lOn oroarwrl a00roved for
such purposes by a Fedora. &m. Or loaf health. law .Atom+•
ffon & dthdr appraprlan iii
tgj Maild" s good folth 00&t to tr fta to M6040 I drug•
+tae Warkawas tltretgh 1mPlerttent"" at ponn"Phs tat, to).
{tl. M (N. and Ifs.
e. The grant.+ mien (newt In the a0eto ptevidrd betow the
dteW for +rte QerfvrMWT%e of nwrk dorm In artntevthw, w/yr
tfra gxWfk graft
pt6w of hr nnanot tlltrtet sddtees. aft, count/. outs, zip
nadel
Chea Q it tbere am wwkpbcae an ft that aft net i width
hen.
Sect'" 07. 830 of tN r"ulatlarta orovidae Nat a grarttN tits
I& i ft" may-obot to make ON coniflestlon in uen Fsd&sl
%ael low. A 00p11 of wMic eha►ld to ►nc+tdad w+th hah W
pileation far Capartment of Juatlee funding. Stoat end Stab
OW4108 may a" to wt OJP Po" AO I M
ChKk b If tf» 61iau has elected to camoWe OJP Fwnp
406117.
DIIi 4*l ! WOl1KPLACS
(S WHO ARt INDIVIDUALS)
Aa requM by the ft4 Fraa Worftplwe Act of ION, and
I wwroertted at 44 C011 Part 117. >3ubcart F. kw grantee., rn
4afined'm 23 CPR Fort 67: Eaotla is 67.618 and 67.620 -
A. As a oondMan of ft grant. I oertsfy that I wit! not "gap
in the unlawful ma ufaetura, 41atrIbution, 01101nsing, 00se43-
swt, or use of s concmilea suo tarwe in aarkkMaIrq my
eoavity with the grant: and
S. K oonvloba Of 0 Orlminali drug Offenal reoultinq from a
viafatlOrt occumm auhma the conduct of Inv grant acovity. I
will report tree convict". In writing, within 10 Oslandsr day*
of the OonvkMW. to: 0e04rur OM Of Justice, Office of Jocks
RoWems. ATTW Contra+ Cook. 633 in4lans Avenue, H.W..
Wnhkt =. O.C. 20871.
As the duly authorized re0resent IVO Of the J!"MArrht. I hereby eardty that ttta decAcsnt wig comely with the above cartif ivom
1. Gramm Nam+ and Addttiaa
Z A000090an NQn*W a W(W FMI"t PkM 3: grantee IFISIVeedor Number
4. Typed Mom and Title of AtrtbO *W Rap OW14 V0
0. straturs 6. Oats