Ordinance No. 8,455981124 -4
ORDINANCE NO. 8455
® AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER
OR HIS DESIGNEE TO EXECUTE AN AGREEMENT WITH THE UNITED
STATES DEPARTMENT OF JUSTICE, DRUG ENFORCEMENT
ADMINISTRATION FOR THE MANAGEMENT OF FUNDS FOR THE
OPERATIONS OF THE HOUSTON METROPOLITIAN HIGH INTENSITY
DRUG TRAFFICKING AREA PROJECT, MAJOR DRUG SQUADS FOR FISCAL
YEAR 1998 -99; 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 City Manager or his designee to execute an agreement with the United States Department
of Justice, Drug Enforcement Administration for the management of funds for the operations of the
Houston Metropolitan High Intensity Drug Trafficking Area Project, Major Drug Squads for fiscal
year 1998 -99. 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 24th day of November, 1998.
1?4�
PETE C. ALFARO, Mayor
ATTEST:
EILEEN P: HALL, City Clerk
APPROVED AS TO FORM:
0 cklh 120\ Council\ Ordinancc\ Agreemenl4HIDTAProjectMajorDrugS quads. Ordinance
® AGREENIE rT
0
This agreement is made this 1st day of October, 1998, 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, 1997.
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, Nvith 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; and
C. purchase equipment and obtain suitable office space for use by the law
enforcement personnel assigned to the Major Drug Squads (task forces) by
the participating Federal, state, and local law enforcement agencies.
?. 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.
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 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 eighty (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 eighty (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. secure emergency overtime payments to the Major Drug Squads member
agencies until ONDCP funding is approved and received.
This funding will not exceed 5=13,000.00.
g. not obligate itself nor the DEA nor expend any funds without the prior express
approval of the DEA;
h. maintain the DEA funds in a manner and under terms and conditions
prescribed by the DEA;
maintain dual signature control over all DEA fields by the Chief of Police and
the Director of the HCOCNTF.
5. The DEA will, up to a maximum of $500,000.00:
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; and
d. reimburse the City, acting through the HCOCNTF, for all expenditures
resulting from these requiements 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 on -site inspection and auditing of such records and accounts.
S. The City, acting through the HCOCNTF, shall permit and have readily available for
examination and auditing by DEA, the United States City of Justice, the Comptroller General of the
United States City of Justice, the Comptroller General of the United States, and any of their other
authorized agents and representatives, any and all records, documents, accounts, invoices, receipts
or expenditures relating to this agreement. The City, acting through the HCOCNTF, shall 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 City of Justice implementing that law, 28 CFR Part 2, 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 4061/6, Certification Regarding
Lobbying; Debarment, Suspension and Other Responsibility Matters; and Drug -Free Workplace
Requirements. The City acknowledges that this agreement will not take effect and no Federal funds
will be provided by DEA until the completed certification is received.
11. 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
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.
12. The term of this agreement shall be from the date of signature by representatives of
both parties to September 30, 1999. 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.
n
For the Drug Enforcement Administration (DEA):
Date
Ernest L. lfoward
Special Agent in Charge
Houston Field Division
For the City of Baytown:
Date
Captain Johnny E. Erickson
Director
Harris County Organized Crime
and Narcotics Force
For the Drums Enforcement administration (DEA):
� lC,
Date
Ernest L. Howard
Special agent in Charcre
Houston Field Division
For the Citv of Bavtown:
Y Y
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///,,&?/�yc,'1Date
in Jo E. Erickson
rector
Harris Countv Orcranized Crime
v
and Narcotics Force
L
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U.S. DEPARTMENT OF JUSTICE
OFFICE OF JUSTICE PROGRAMS
OFFICE OF THE COMP','ROLLER
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
form. 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 Debarment and Suspension (Nonprocurement) and
Government -wide Requirements for Drug -Free Workplace (Grants)." The certifications shall be treated as a material
representation of fact upon which reliance will be placed when the Department of Justice determines to award the
covered transaction, grant, or cooperative agreement.
1. LOBBYING
As required by Section 1352, Title 31 of the U.S. Code, and
implemented at 28 CFR Part 69, for persons entering into a
grant or cooperative agreement over $100,000, as defined at
28 CFR Part 69, the applicant certifies that:
(a) No Federal appropriated funds have been paid or will be
paid, by or on behalf of the undersigned. to any person for in-
fluencing or attempting to influence an officer or employee of
any agency. a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in con-
nection with the making of any Federal grant, the entering into
of any cooperative agreement. and the extension, continuation,
renewal, amendment, or modification of any Federal grant or
cooperative agreement;
(b) If any funds other than Federal appropriated funds have
been paid or will be paid to any person for influencing or at-
tempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or
an employee of a Member of Congress in connection with this
Federal grant or cooperative agreement, the undersigned shall
complete and submit Standard Form - LLL. "Disclosure of
Lobbying Activities." in accordance with its instructions;
(c) The undersigned shall require that the language of this cer-
tification be included in the award documents for all subawards
at all tiers (including subgrants, contracts under grants and
cooperative agreements, and subcontracts) and that all sub -
recipients shall carrify and disclose accordingly.
2. DEBARMENT, SUSPENSION, AND OTHER
RESPONSIBILITY MATTERS
(DIRECT RECIPIENT)
As required by Executive Order 12549, Debarment and
Suspension, and implemented at 28 CFR Part 67, for prospec-
tive participants in primary covered transactions, as defined at
28 CFA Part 67, Section 67.510—
A. The applicant certifies that it and its principals:
Is) Are not presently debarred, suspended. proposed for debar-
ment, declared ineligible, sentenced to a denial of Federal
benefits by a State or Federal court, or voluntarily excluded
from covered transactions by any Federal department
or agency:
lb) Have not within a three -year period preceding this applica-
tion been convicted of or had a civil judgment rendered against
them for commission of fraud or a criminal offense in connec-
tion with obtaining, attempting to obtain, or performing a
Public (Federal, State, or local) transaction or contract under a
public transaction; violation of Federal or State antitrust
statutes or commission of embezzlement, theft, forgery,
bribery, falsification or destruction of records, making false
statements, or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or
civilly charged by a governmental entity (Federal, State, or
local) with commission of any of the offenses enumerated in
paragraph (1)(b) of this certification; and
(d) Have not within a three -year period preceding this applica-
tion had one or more public transactions (Federal, State, or
local) terminated for cause or default; and
B. Where the applicant is unable to certify to any of the
statements in this certification, he or she shall attach an
explanation to this application,
3. DRUG -FREE WORKPLACE
(GRANTEES OTHER THAN INDIVIDUALS)
As required by the Drug -Free Workplace Act of 1988, and
implemented at 2B CFR Part 67, Subpart F, for grantees, as
defined at 28 CFR Part 67 Sections 67.615 and 67,620—
A. The applicant certifies that it will or will continue to provide
a drug free workplace by:
(a) Publishing a statement notifying employees that the
unlawful manufacture, distribution, dispensing, - possession, or
use of a controlled substance is prohibited in the grantee's
workplace and specifying the actions that will be taken against
employees for violation of such prohibition;
(b) Establishing an on -going drug -free awareness program to
inform employees about —
(1) The dangers of drug abuse in the workplace;
(2) The grantee's policy of maintaining a drug -free workplace;
(3) Any available drug counseling, rehabilitation, and employee
assistance programs; and
(4) The penalties that may be imposed upon employees for
drug abuse violations occurring in the workplace;
(c) Making it a requirement that each employee to be engaged
in the performance of the grant be given a copy of the state-
ment required by paragraph la);
(d) Notifying the employee in the statement required by
paragraph (a) that, as a condition of employment under the
grant, the employee will-
OJP FORM 4061/6 13911 REPLACES OJP FORMS 406112, 40151/3 ANO 4o151 /4 WHICH ARE OBSOLETE.
(1) Abide by the terms of the statement: and
(2) Notify the amplover in writing of his or her conviction for a
violaticn of a criminal drug statute occurring in the workplace
no later than five calendar days after such conviction;
(e) Notifying the agency, in writing, within 10 calendar days
after receiving notice under subparagraph M12) from an
employee or otherwise receiving actual notice of such convic-
tion. Employers of convicted employees must provide notice,
including position title, to: Department of Justice, Office of
Justice Programs, ATTN: Control Desk, 633 Indiana Avenue,
N.W., Washington, D.C. 20531. Notice shall include the iden-
tification number(*) of each affected grant;
If) Taking one of the following actions, within 30 calendar
days of receiving notice under subparagraph (d)(2), with
respect to any employee who is so convicted —
(1) Taking appropriate personnel action against such an
employee, up to and including termination, consistent with the
requirements of the Rehabilitation Act of 1973, as amended; or
12) Requiring such employee to participate satisfactorily. in a
drug abuse assistance or rehabilitation program approved for
such purposes by a Federal, State, or local health, law enforce-
ment, or other appropriate agency;
(g) Making a good faith effort to continue to maintain a drug -
free workplace through implementation of paragraphs la), (b),
(c), (d), (e), and (f).
B. The grantee may insert in the space provided below the
site(s) for the performance of work done in connection with
the specific grant:
Place of Performance (Street address, city, county, state, zip
code)
Check ❑ if there are workplaces on file that are not indentified
here.
Section 67, 630 of the regulations provides that a grantee that
is a State may elect to make one certification in each Federal
fiscal year. A copy of which should be included with each ap-
plication for Department of Justice funding. States and State
agencies may elect to use OJP Form 406117.
Check ❑ if the State has elected to complete OJP Form
406117.
DRUG -FREE WORKPLACE
(GRANTEES WHO ARE INDIVIDUALS)
As required by the Drug -Free Workplace Act of 1988, and
implemented at 28 CFR Part 67, Subpart F. for grantees, as
defined at 28 CFR Part 67; Sections 67.615 and 67.620 -
A. As a condition of the grant, 1 certify that I will not engage
in the unlawful manufacture, distribution, dispensing, posses-
sion, or use of a controlled substance in conducting any
activity with the grant; and
B. rf convicted of a criminal drug offense resulting from a
violation occurring during the conduct of any grant activity, I
will report the conviction, in writing, within 10 calendar days
of the conviction, to: Department of Justice. Office of Justice
Programs, ATTN: Control Desk, 633 Indiana Avenue. N.W.,
Washington, D.C. 20531.
As the duty authorized representative of the applicant. I hereby certify that the applicant will comply with the above certifications.
1. Grantee Name and Address:
2. Application Number and /or Project Name
4. Typed Name and Title of Authorized Representative
3. Grantee IRS /Vendor Number
5. Signature 6. Date