Ordinance No. 9,425ORDINANCE NO. 9425
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AND THE CITY
CLERK TO ATTEST TO A PROFESSIONAL SERVICES AGREEMENT WITH
STANLEY E. FURCE, INDIVIDUALLY AND -D/B /A/ RESEARCH
INTERNATIONAL; AUTHORIZING PAYMENT FOR SERVICES UNDER THE
CONTRACT FROM GRANT FUNDS; AND PROVIDING FOR THE EFFECTIVE
DATE THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section l: That the City Council of the City of Baytown, Texas, hereby authorizes and
directs the City Manager and the City Clerk of the City of Baytown to execute and attest to a
Professional Services Agreement with Stanley E. Furce, Individually and d /b /a/ Research
International. A copy of said contract is attached hereto, marked Exhibit "A," and made a part
hereof for all intents and purposes.
Section 2: That the City Council of the City of Baytown authorizes payment to
Stanley E. Furce, Individually and d/b /a/ Research International, in accordance with the agreement
for the purposes specified in Exhibit "A," and all compensation for services performed under the
contract will be from Grant/Award Number I2PHNP516 or any successor grant made available
through the Office of National Drug Control Policy.
Section 3: 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 12 "' day of September, 2002.
x, C
PETE C. ALFARO, Mayor
ATTEST:
G(1
GAY . SMITH, City Clerk
APPROVED AS TO FORM:
®
;47`7C1'O RAMIREZ, W City Attorney
FAJeaneneWy Documents\ Council\ 01- 02\ ScptemberkFureel3rofessionalAgreement02- 03.doc
® Professional Services Agreement
Between
The City of Baytown
and
Stanley E. Furce, Individually and d/b /a Research International
•
STATE OF TEXAS §
COUNTY OF HARRIS §
This Agreement ( "this Agreement ") shall evidence the terms by which the City of Baytown
(the "City") engages Stanley E. Furce, Individually and d/b /a Research International, an independent
contractor (the "Contractor "), for the purpose of performing the services hereinafter enumerated in
relation to the Houston High Intensity Drug Trafficking Area ( "HIDTA "), with such additional duties
and responsibilities as may be hereinafter prescribed from time to time by the Office of National
Drug Control Policy ( "ONDCP ") and the HIDTA Executive Board.
The Agreement is expressly contingent on funding by Grant/Award Number I2PHNP516 or
any successor grant made available through the Office ofNational Drug Control Policy ("ONDCP'),
for the purposes expressed herein.
Term of Agreement: Subject to the above - referenced contingency, the term of this
Agreement shall be the twelve -month period commencing on October 1, 2002,
through September 30, 2003.
2. Services: Contractor agrees to perform the professional services as directed by
the HIDTA Executive Board and ONDCP, including, but not limited to, the
following:
a. serving as a liaison between the ONDCP and other HIDTA's throughout the
country and the various law enforcement agencies and initiatives within the
Houston HIDTA;
b. reviewing threat assessments /strategies/budget proposals to ensure the
initiatives conform to the goals of the national HIDTA program and the
overall Houston HIDTA focus;
providing creative input and direction for the HIDTA program;
d. coordinating, preparing and timely submitting the HIDTA reports required by
the ONDCP;
Professional Services Agreement EMIT A
Stanley E. Furce, Individually and d/b /a Research Intemational, Page 1
® e. evaluating individual HIDTA- funded initiatives to ensure their focus
complies with the target assessment and strategy developed for the overall
Houston HIDTA;
f. developing and maintaining an inventory of all specialized equipment
obtained and utilized by the HIDTA;
g. developing and maintaining procedures for tracking the various law
enforcement statistics for all the HIDTA components;
h. establishing a Houston HIDTA -wide accounting system to track program
funding and establish an audit trail;
i. serving as an independent, interagency mediation resource and liaison for
agency heads and the initiatives' leadership;
j. maintaining contacts and work with other HIDTA Directors throughout the
country to develop and ensure a coordinated national focus for the various
HIDTA's with shared information and resources as appropriate;
k. working with DOD groups, national communications companies, other
HIDTA groups and local initiative technicians to develop ADP systems
which most effectively meet the needs of HIDTA yet remain within the
guidelines of various agency headquarters;
reviewing budget submissions and reprogramming requests to ensure
integrity of HIDTA- budget expenditures;
M. coordinating with initiative leaders to avoid duplication of effort through the
various HIDTA initiatives and maximize the use of HIDTA personnel and
material resources;
n. exercising programmatic, administrative and fiscal oversight and support of
all HIDTA initiatives and ensure they are in compliance with the
ONDCP /HIDTA Program Guidance and other program requirements,
expressly excluding exercising operation control of law enforcement
initiatives;
o. performing additional duties /requirements identified by the Executive Board
which must be consistent with ONDCP/HIDTA Program Guidance and
deemed necessary to enhance the HIDTA Program;
P- with the concurrence of the Executive Board, hiring staff personnel for
® HIDTA, which positions have been approved and funded by the ONDCP;
Professional Services Agreement
Stanley E. Furce. Individually and d/b /a Research Intemational. Page 2
q. providing daily supervision, and other requirement management functions for
all staff employees of HIDTA; and
r. complying with the Financial and Administrative Guidelines
established by the HIDTA Assistance Center dated January 1997, and
as hereinafter amended, which are incorporated herein by this
reference for all intents and purposes.
The City's only responsibility under this Contract is to administer the cooperative
agreement contract between the ONDCP and the City by supplying the ONDCP the
proper documentation regarding any payment due the Contractor and disbursing such
funds to the Contractor. r Such contract is attached hereto as Exhibit "A" and made a
part hereof for all intents and purposes.
3. Relationship: Contractor is and shall at all times be an independent contractor and is
not to be considered an agent or employee of the City.
4. Limitatio herein
, Contractor of Authority: Notwithstanding anything to the contrary here,
Contractor will have no authority whatsoever over and no duty with respect to any
operational control of law enforcement by HIDTA. Contractor will not be held
responsible for the actions or omissions of any law enforcement personnel working
on or behalf of HIDTA, including, but not limited to any alleged failure to adequately
train, direct or supervise such personnel.
5. Payment: As full payment for those professional/personal services rendered in
accordance with this Agreement, the City shall disburse to Contractor the amount
approved by ONDCP for professional services during the term of this Agreement.
Such amount is expected to be a sum equal to a Federal GS 15 -5 scale with locality
pay plus 30% for fringe benefits, for the services to be provided by Contractor, to be
paid in equal installments, monthly. This payment may increase should the GS 15 -5
scale increase during the term of this Agreement.
b. Expense Reimbursement: Contractor shall be entitled to reimbursement for
certain approved expenses incurred while performing the services contained in this
Agreement in accordance with Payment and Expense Reimbursement over the term
of this Agreement. The balance of this budgeted expense fund may revert to
Contractor at the conclusion of this Agreement with the approval of the ONDCP or
its designee.
7. Payment and Expense Reimbursement Approval:
Payment for services rendered shall be paid on a monthly basis. Contractor shall
submit a monthly billing indicating the monthly payment and shall submit the
original receipts for expenses to be reimbursed. All requests for payment and/or
reimbursement shall be reviewed and approved for payment by the ONDCP or its
designee prior to submission to the City.
Professional Services A eement
Staffley E. Furce Individually and d/b /a Research Intemational, Page 3
® All requests for expense reimbursement submitted shall be in conformance with
current published guidelines used in the administration of the High Intensity Drug
Trafficking Area Grant Programs.
•
S. Payment and Expense Reimbursement Processing: Contractor shall submit
approved invoices to the Chief of Police for payment and reimbursement. The Chief
of Police shall arrange for the payment of such invoices through the appropriate City
of Baytown processes.
9. Taxes: Contractor shall be solely responsible for any and all federal, state and local
tax consequences that result from his receipt of any payments or reimbursements paid
in accordance with this Agreement.
10. Automobile Allowance: Contractor shall be provided a monthly automobile
allowance in the amount determined by the Executive Board for the term of this
Agreement. Contractor shall be responsible for the purchase or lease of the vehicle
as well as all maintenance, insurance and any and all other vehicle- related expenses.
The City will not be held responsible for any expenses, liabilities, claims or other
matters stemming from the operation of this vehicle. Contractor shall at all times
during the term of this Agreement have a current valid Texas driver's license and
shall produce upon the City's request the same along with a valid insurance
certificate showing coverages deemed appropriate by the City.
11. Termination: This Agreement maybe terminated by either party at anytime without
cause; provided, however, should the Contractor terminate this Agreement, the
Contractor shall give the City seven (7) days' written notice of his intent to terminate
the Agreement. Contractor understands that should he no Ionger be able to perform
the services required herein for any reason, this entire Agreement shall automatically
terminate without notice. In any event, at the termination of this Agreement, the
Contractor shall receive as his sole compensation, payment for the services actually
performed in accordance with the payment provision of article 4 hereof plus any
expenses to which he is due and'owing at the time of the termination. All such
termination payments shall be subject to the contingency first listed hereinabove.
12. Notice: All notices required to be given hereunder shall be given in writing by
telecopier, overnight, or facsimile transmission, certified or registered mail or by
hand delivery at the respective addresses of the parties set forth herein or at such
other address as may be designated in writing by either party. Notice given by mail
shall be deemed given three (3) days after the date of mailing thereof to the following
address:
Professional Services Agreement
Stanley E. Furce. Individually and d/b /a Research Intemational, Page 4
® CONTRACTOR
Stanley E. Furce, Individually and d /b /a Research International
Attn. Stanley E. Furce
18738 East Cool Breeze Lane
Montgomery, TX 77356
Telephone: (281) 987 -3882
Fax: (281) 987 -3889
0
CITY
City of Baytown
Attn: City Manager
P.O. Box 424
Baytown, TX 77522
Telephone: (281) 420 -6501
Fax: (281) 420 -6586
13. Miscellaneous Provisions:
(a) This Agreement shall not bestow any rights upon any third party, but rather,
shall bind and benefit the Contractor and the City only.
(b) This Agreement contains all the agreements of the parties relating to the
subject matter hereof and is the full and final expression of the agreement between
the parties.
(c) INDEMNITY
THE CONTRACTOR, HIS OFFICERS, AGENTS AND
EMPLOYEES AGREES TO AND SHALL INDEMNIFY, HOLD
HARMLESS, AND DEFEND THE CITY, ITS OFFICERS,
AGENTS AND EMPLOYEES, FROM AND AGAINST ANY AND
ALL CLAIMS, LOSSES, DAMAGES, CAUSES OF ACTION,
SUITS AND LIABILITY OF EVERY KIND, INCLUDING ALL
EXPENSES OF LITIGATION, COURT COSTS, AND
ATTORNEYS' FEES, FOR ANY AND ALL INJURIES TO OR
DEATH OF ANY PERSON OR FOR DAMAGES ARISING OUT
OF OR IN CONNECTION WITH THE SERVICES
PERFORMED OR ADVICE GIVEN BY THE CONTRACTOR,
HIS OFFICERS, AGENTS OR EMPLOYEES PURSUANT TO
THIS AGREEMENT, WHERE SUCH DAMAGES ARE CAUSED
IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE
Professional Services Agreement
Stanley E. Furce Individually and d/b /a Research International, Page 5
0
CITY, ITS OFFICERS AGENTS AND/OR EMPLOYEES
AND /OR THE SOLE OR JOINT NEGLIGENCE OF THE
CONTRACTOR, HIS OFFICERS AGENTS AND /OR
EMPLOYEES. IT IS THE EXPRESSED INTENTION OF THE
PARTIES HERETO, BOTH THE CONTRACTOR AND THE
CITY, THAT THE INDEMNITY PROVIDED FOR IN THIS
PARAGRAPH IS INDEMNITY BY THE CONTRACTOR TO
INDEMNIFY AND PROTECT THE CITY, ITS OFFICERS,
AGENTS AND EMPLOYEES (I) FROM THE CONSEQUENCES
OF THE NEGLIGENCE OF THE CITY, ITS OFFICERS,
AGENTS OR EMPLOYEES, WHETHER THAT NEGLIGENCE
IS THE SOLE OR A CONCURRING CAUSE OF THE
RESULTING INJURY, DEATH OR DAMAGE, AND /OR (II)
FROM THE CONSEQUENCES OF THE NEGLIGENCE OF THE
CONTRACTOR, HIS OFFICERS, AGENTS AND /OR
EMPLOYEES, WHETHER THAT NEGLIGENCE IS THE SOLE
OR CONCURRING CAUSE OF THE RESULTING INJURY,
DEATH OR DAMAGE.
IN THE EVENT THAT ANY ACTION OR PROCEEDING IS BROUGHT
AGAINST THE CITY BY REASON OF ANY OF THE ABOVE THE
CONTRACTOR FURTHER AGREES AND COVENANTS TO DEFEND THE
ACTION OR PROCEEDING BY LEGAL COUNSEL ACCEPTABLE TO THE
CITY, WHICH ACCEPTANCE SHALL NOT BE UNREASONABLY
WITHHELD. This indemnity provision shall survive the termination or expiration of
this Agreement and shall remain in full force and effect.
Upon termination or expiration of this Agreement, the parties hereto agree
that the above - referenced indemnity and the release contained in subsection (d) of
this section shall not expire but shall remain in effect.
(d) Contractor does hereby, for himself, his officers, agents, employees,
successors, assigns, personal representatives, heirs, executors, and administrators,
collectively referred to in this paragraph as "Contractor," release, acquit, and forever
discharge the City, its officers, agents, and employees, collectively referred to in this
paragraph as "City," of and from any and all debts, damages, claims, causes of action,
suits, liabilities, and demands of whatever nature, which Contractor might now have
or that might subsequently accrue by reason of any matter or thing whatsoever and
particularly growing out of or in any way connected with, directly or indirectly, this
Agreement and/or the services to be performed pursuant to the same, including, but
not limited to, any claims for any workers' compensation, health insurance or any
other benefit provided by the City to its officers and/or employees; any claims
Professional Services Agreement
Stanley E. Furce. Individually and d/b /a Research international. Page 6
•
challenging the constitutionality or legality of any provision of this Agreement; any
and all existing or future common law, statutes, civil rights, or constitutional claims;
and any tort claims of any nature.
(e) Contractor covenants and agrees that he will not employ any individual to
perform the services hereinbefore described pursuant to this Agreement unless such
individual has signed a release and indemnity agreement releasing and indemnifying
the City from all claims, losses, damages, causes of action, suits and liability of every
kind, regardless of any negligence on the part of the City. Such release and indemnity
agreement must be in accordance with and provide at a minimum the same
protections to the City as afforded in subsections (c) and (d) hereinabove.
(f) Notwithstanding anything to the contrary contained in this Agreement, the
City and the Contractor hereby agree that no claim or dispute between the City and
the Contractor arising out of or relating to this Agreement shall be decided by any
arbitration proceeding including, without limitation, any proceeding under the
Federal Arbitration Act (9 U.S.C. Section 1 - 14), or any applicable state arbitration
statue, including, but not limited to, the Texas General Arbitration Act, provided that
in the event that the City is subjected to an arbitration proceeding notwithstanding
this provision, the Contractor consents to be joined in the arbitration proceeding if the
Contractor's presence is required or requested by the City of complete relief to be
recorded in the arbitration proceeding.
(g) Neither the Contractor nor the City shall sell, assign, or transfer any of its
rights or obligations under this Agreement in whole or in part without prior written
consent of the other party.
(h) Failure of either party hereto to insist on the strict performance of any of the
agreements herein or to exercise any rights or remedies accruing thereunder upon
default or failure of performance shall not be considered a waiver of the right to insist
on and to enforce by an appropriate remedy, strict compliance with any other
obligation hereunder to exercise any right or remedy occurring as a result of any
future default or failure of performance.
(i) This Agreement shall in all respects be interpreted and construed in
accordance with and governed by the laws of the State of Texas and the City,
regardless of the place of its execution or- performance. The place of making and the
place of performance for all purposes shall be Baytown, Harris County, Texas.
0) All parties agree that should any provision of this Agreement be determined
to be invalid or unenforceable, such determination shall not affect any other term of
this Agreement, which shall continue in full force and effect.
Professional Services Aereement
Stanley E. Furce. Individually and d/b /a Research International, Page 7
0
h Date /Time
09/09/2002 14:24
SEP-09- W(MW
2819873889
HOUSTON HIDTA DIR.
PAGE 03/03
(k) In the event of any ambiguity in any of the terms of this contract, it shall not
be construed for or against any party hereto on the basis that such party did or did not
author the same.
(1) This Agreement shall not bestow any rights upon any third party, but rather,
shall bind and benefit the City and the Contractor only..
(rn) Contractor agrees that in the performance of its undertakings and obligations
under this Agreement, Contractor will strictly observe and abide by all rules,
regulations and laws of the United States of America, the State of Texas and the City of
Baytown, as they now exist or may hereinafter be enacted or amended.
(1) The officers executing this Agreement on behalf of the parties hereby confirm
that such officers have full authority to execute this Agreement and to bind the parry
he /she represents.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment in multiple
copies, each of which shall be deemed to be an original, but all of which shall constitute but one and
the same amendment, this day of , 2002.
CONTRACTOR:
ST EY E. l"URCE, Individually and d/b /a
search International
CITY OF BAYTOWN, TEXAS:
GARY JACKSON, City Manager
ATTEST:
0 GARY W. SMITH, City Clerk
Professional Services A ment
Stanley !r Furce Individually and d/b/a Research International, Page 8
•
h Date/Time
09/09/2002 14:24
M- 09-25500N)
2819873889
APPROVED AS TO FORM:
HA 2NIC M
HOUSTON HIDTA DIR.
IGNACIO RAMIREZ. Sr., City Attorney
STATE OF TEXAS §
COUNTY OF HARRIS §
PAGE 02/03
Before me, the undersigned notary public, on this day
personally appeared STANLEY E. FURCE, individually and in his capacity as President of Research
International,
X known to me;
proved to me on the oath of ; or
proved to me through his current
(description of identification card or other document issued by the federal
government or any state government that contains the photograph and signature of
the acknowledging person)
(one)
to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that
he executed that instrument for the purposes and consideration therein expressed.
Given under my hand and seal of office this _ day of , 2042•
.< VERNA M. NEWItAN
100rery Public. Santa of Texas
'NV Comrni=eion Expires
June 28, 2004
Notary Public in and for the State of
Texas
My commission expires: �
•
FAKamn\Fi1esT0WCM5tw Furee \PmfessionalServieecAgrxmcntFun g1002.2003CIcan.doe
Professional Services Agreement
Smnley E. Furce Individually and d/b /a Rtseargh International, Page 9
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Executive Office of the President
AWARD
Office of National Drug Control Policy
Cooperative Agreement
Page t of 6
1. Recipient Name and Address
4. Award Number. 12PHNP516
City of Baytown
2401 Market Street
5.Project Period: 1/1/2002 to 12/31/2002
Baytown, TX 77520
Budget Period: 1/1/2002 to 12/31/2002
IA. Recipient IRS/Vendor No.
6. Date: 2/8/2002
7. Action
® Initial
2. Subrecipient Name and Address
8. Supplement Number
p Supplemental
2A. Subrecipient IRS/Vendor No.
9. Previous Award Amount
3. Project Title
10. Amount of This Award $966,794.00
Administration initiative(s)
11. Total Award $966,794.00
Special Conditions (Check, if app ica e
aX The above Cooperative Agreement is approved subject to such conditions or limitations as are set
forth on the attached 5 page(s).
t. Statutory Authority for Grant: Public I,.aw 107-67
® AGFNCY A R VAL s ® RECIPFENT ACCEPTA C
Typed Name and Title o Approving ONDCP
Official
15. Typed Name and Tide ofAuthorized Recipient
Official
urt F. Schmid
Mr. Monte Mercer
ffice f National Dru trol Policy
City of Baytown
16. Si o proving O P O cial
17. Signature of Au Recipient
Date
18. Accounting Classification Code 19, HIDTA AWARD
wi17I I
Office of National Drug Control Policy Attachment to Award # 12PEINP516
Page 2 of 6
Award Recipient: City of Baytown
HIDTA: Houston
Initiative: Administration initiative(s)
Project Contact: Mr. Stan Furce
Award Amount: $966,794.00
12/31/2002
Award Period: 1/1 /2002 to
ONDCP Contact:
All requests for payment and inquiries should be submitted to:
The National HIDTA Assistance Center
8401 Northwest 53rd Terrace, Suite 208
Miami, Florida 33166
(305) 716 -3270
A. Conditions
1. The award is based on the detail budget attached to the application submitted for
this initiative. This is your approved budget for the initiative and any deviation must
comply with the reprogramming requirements as set forth in the ONDCP Guidelines.
B. General Provisions
1. This award is subject to:
a. the Uniform Administrative Requirements for Grants and Cooperative
Agreements to State and Local Governments, also known as the "Common
Rule ",
b. the Certifications Regarding Lobbying, Debarment, Suspension and Other
Responsibility Matters; Drug -Free Workplace Requirements; Federal Debt
Status, and Nondiscrimination Statutes And Implementing Regulations.
C. the audit requirements of OMB Circular A -133,
d. the cost principles contained in OMB Circular A -87, and
e. the administrative guidelines contained in ONDCP's Financial and
Administrative Guidelines.
•
Office of National Drug Control Policy Attachment to Award # I2PHNP516
Page 3 of 6
2. Payment Basis
OMB Standard Form 270 - Request for Advance or Reimbursement" shall be used to
request payment. Copies of invoices, payroll registers, and canceled checks must
accompany the SF 270 to provide documentation for the reimbursement request. Request
for advances will be accompanied by detail specifying the obligation- Documentation of
how the advance was spent must be submitted before another advance or reimbursement
can be requested. Funding for this award is authorized to be paid on a monthly basis.
Payments will be made via Electronic Fund Transfer to the award recipient's bank account.
Recipients are therefore requested to provide the following information in Block 10 of the
SF 270: bank name, bank address, bank telephone number, point of contact at the bank,
American Bankers Association (ABA) number, and account number This will provide the
banking information needed to make payments to the proper bank account. The bank must
be FDIC insured. It is desirable that the bank be a member of the Federal Reserve System.
The account must be interest bearing. (All payments greater than $25,000 must be made
by EFT. Recipients must request a waiver from this provision for payments less than
525,000).
Except for interest earned on advances of funds exempt under the Intergovernmental
Cooperaction Act (31 U.S.C. 6501 et seq.) and the Indian Self- Determination Act (23
U.S.C. 450), grantees and subgrantees shall promtly, but at least quarterly, remit
interest earned on advances to ONDCP. The grantee or subgrantee may keep interest
amounts up to $100 per year for administrative purposes. (21 CFR Section 1403.211)
3. Reporting Requirements
Financial Status Reports (OMB Standard Form 269) will be required quarterly during the
award period and at the end of the award. Performance reports will be required as
specified in the Program Guidance.
Note that the final financial reports should be cumulative for the entire award period.
Performance Reports: Due as specified in the Program Guidance.
Financial Status Reports (OMB Standard Form 269) should be submitted to Office of
National Drug Control Policy, 75017` Street, NW, Washington. DC 20503. Attn:
Phuong DeSear, Room 538. Phone: 202 - 395 -6739, Fax: 202 - 395 -5176.
•
Office of National Drug Control Policy Attachment to Award # I2PHNP516
Page 4 of 6
Special Conditions
HIDTA Cooperative Agreements
The following special conditions are incorporated into each award document.
1. In order to provide for compatibility, integration, coordination, and cost
effectiveness in the use, procurement, and operation of ADP systems, equipment, and
software, recipients are encouraged and authorized to enter into joint purchase or service
agreements on a reimbursable or nonreimbursable bases with other HIDTA award
recipients. Award recipients are authorized and encouraged to enter into joint purchases or
service agreements with other HIDTA award recipients.
2. No federal funds shall be used to supplant state or local funds that would otherwise
be made available for project purposes.
3. The operating principles found in 28 CFR Part 23, which pertain to information
collection and management or criminal intelligence systems, shall apply to any such
systems supported by this award.
4. Prior to expenditure of confidential funds, the award recipient or subrecipient shall
sign a certification indicating that he or she has read, understands, and agrees to abide by
all of the conditions pertaining to confidential fund expenditures as set forth in Attachment
B to the ONDCP Financial and Administrative Guide for Cooperative Agreements. This
certification should be submitted to the Assistance Center.
5. The award recipient agrees to account for and use program income, including but
not limited to asset forfeitures, in accordance with the "Common Rule" and the ONDCP
Financial and Administrative Guide for Cooperative Agreements. Moreover, the use of
program income must be consistent with the National Drug Control Strategy.
6. Where furniture has been approved in the budget, the recipient will make every
effort to utilized existing State and local surplus property prior to the purchase of any
furniture, including computer furniture or items of similar nature.
7. The award recipient may not use designated aircraft assigned to HIDTA- approved
task operations and initiatives for the transport of VIP Executive(s) or similar
circumstances not relating to the goals and objectives of state and local law enforcement
programs.
The budget submitted with the proposal is approved.
•
0 Office of National Drug Control Policy Attachment to Award # I2PHNP516
Page 5 of 6
Reprogramming between budget categories within the same agency and initiative requires
the approval of the respective HIDTA Director and must be in accordance with procedures
established by the Executive Committee.
Reprogramming of funds between agencies or initiatives requires the written approval of
the ONDCP HIDTA Office, regardless of the dollar value of the reprogramming.
In all cases the recipient is responsible for maintaining detailed records of the
reprogramming activities and forwarding notification to your HIDTA Director regarding
reprogramming activities as they occur.
9. The recipient agrees to comply with the organizational audit requirements of OMB
Circular A -133, "Audits of State and Local Governments." The management letter must
be submitted with the audit report. Audits must be submitted no later than thirteen (13)
months after the close of the recipient organizations audited fiscal year_ The submission of
the audit report shall be as follows:
An original and one copy shall be sent to the cognizant Federal Agency. Also, a
copy of the audit report shall be sent to Office of National Drug Control Policy,
750 17`b Street, NW, Washington DC 20503. Attn: Phuong DeSear, Room
538. Phone: 202 -395 -6739, Fax: 202- 395 -5176.
10. The recipient agrees to submit operation reports as defined in the Current Year
Program Guidance.
11. Equipment acquired under the grant program must be used by the recipient in the
program or project for which it was acquired as long as needed, whether or not the project
or program continues to be supported by Federal funds. When no longer needed for the
original program, the equipment may be used in other activities supported by the Federal
agency. The recipient may dispose of the original equipment when no longer needed or
supported by the grantor agency.
Inventory lists must be supplied to the HIDTA Director to facilitate the sharing of
equipment within and between the HIDTAs. Items to be inventoried include
Communications, Computer & Related Equipment, Surveillance Equipment, Photo,
Vehicles, Video, and Weapons:
12. The recipient will be permitted to designate funds that would be matched or shared;
however, these matched or shared funds will not constitute an obligation on behalf of the
recipient.
is
0 Office of National Drug Control Policy Attachment to Award # I2PHNP516
Page 6 of 6
13. Budget item submissions for equipment and other contract items are accepted as
best estimate only and are not deemed approved at that price. Recipients are required to
assure such items are not currently available, are not duplicative or excessive, and should
make market surveys and obtain the best prices available.
14. The recipient acknowledges that failure to submit an acceptable Equal Employment
Opportunity Plan (if recipient is required to submit one pursuant to 28 CFR section
42.302), that is approved by the Office of Civil Rights, is a violation of its Certified
Assurances and may result in the suspension of the drawdown of funds.
15. The recipient agrees to complete and keep on file, as appropriate, Immigration and
Naturalization Service Employment Eligibility Verification Form (1 -9). This form
is to be used by recipients of federal funds to verify that persons are eligible to work
in the United States.
RECIPIENT ACCEPTANCE OF SPECIAL CONDITIONS
Monte Mercer
Typed Name
Cit,y Manager
Title
(Si ature) Date