HomeMy WebLinkAboutPR 21011: DRUG ENFORCEMENT ADMINISTRATION City of \\
tiiiort rthu�
Texas
www.PortArthurTx.gov
INTEROFFICE MEMORANDUM
Date: August 27, 2019
To: The Honorable Mayor and City Council
Through: Ron Burton, Interim City Manager % t‘S'
From: Timothy Duriso, Chief of Policy (,..2k?
RE: PR 21011; Cooperative Agreement with the Drug Enforcement Administration
Introduction:
The intent of this Agenda Item is to seek the City Council's approval for the Chief of Police
the enter into a cooperative agreement between the Port Arthur Police Department and the
Drug Enforcement Administration.
Background:
The Drug Enforcement Administration(D.E.A.)has the authority to enter into agreements with
other law enforcement entities concerning the use and abuse of controlled substances under the
provisions of 21 U.S.C. 878. The D.E.A. Beaumont Task Force will consist of DEA personnel
as well as officers from Southeast Texas municipalities in order to combat illicit drug traffic in
Southeast Texas, including Port Arthur. This collaboration has been successful in the past in
allowing additional resources to our police department in combatting the trafficking of
narcotics and dangerous drugs in Port Arthur. It is in the best interest of the City of Port
Arthur to continue our relationship with DEA through this cooperative agreement.
Budget Impact:
The DEA will, subject to availability of funds, reimburse the City of Port Arthur for base
salary overtime payments made by the City to the officer assigned to the task force for
overtime,up to an amount of$18,649.00.
"Remember,we are here to serve the Citizens of Port Arthur"
P.O.Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8101 X FAX 409.982.6743
, ,
City of
Vim__...... .•
,,, r rthu _
Texas
www.PortArthurTx.gov
Recommendation:
It is recommended that City Council approve the Chief of Police the enter into a cooperative
agreement between the Port Arthur Police Department and the Drug Enforcement
Administration, as discussed above.
"Remember,we are here to serve the Citizens of Port Arthur"
P.O.Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8101 X FAX 409.982.6743
P.R. No. 21011
8-12-19 mjf
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CHIEF OF POLICE TO
EXECUTE THE DRUG ENFORCEMENT ADMINISTRATION (D.E.A. )
TASK FORCE COOPERTIVE AGREEMENT WITH THE PORT ARTHUR
POLICE DEPARTMENT
WHEREAS, there is evidence that trafficking of narcotics
and dangerous drugs continues to exist in and around the City
of Port Arthur and surrounding areas; and
WHEREAS, such illegal activity has a substantial and
detrimental effect on the health and general welfare of the
people of Texas; and
WHEREAS, the Drug Enforcement Administration (D.E.A. ) is
authorized to enter into cooperative agreements concerning the
use and abuse of controlled substances; and
WHEREAS, the City of Port Arthur desires to enter into
such a cooperative agreement between the Port Arthur Police
Department and the Drug Enforcement Administration as attached
as Exhibit A.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PORT ARTHUR:
Section 1. That the facts and opinions in the preamble
are true and correct .
Section 2 . That the City Council hereby authorize the
Chief of Police to execute the Drug Enforcement Administration
(D.E.A. ) Task Force Cooperative Agreement with the Port Arthur
Police Department.
Section 3 . That a copy of the Resolution shall be spread
upon the Minutes of the City Council .
READ, ADOPTED AND APPROVED on this day of
A.D. , 2019, at a Regular Meeting of the City Council of the
City of Port Arthur, Texas, by the following vote:
AYES:
Mayor:
Councilmembers :
•
NOES :
Thurman Bill Bartie, Mayor
ATTEST:
Sherri Bellard, City Secretary
APPROVE AS TO -ORM:
4 ,a. As ...dr
Val Tizeno, it ney
APPROVED FOR ADMIN TRATION:
Ron Burton Inter'm City Manager
\ ' sl'41'1ckQ \159-A
Timothy Duri .o, Chief of 'Police
EXHIBIT A
PROGRAM FUNDED STATE AND LOCAL TASK FORCE AGREEMENT
This agreement is made this 1St day of October 2019, between the United States Department of
Justice, Drug Enforcement Administration (hereinafter "DEA"), and the Port Arthur Police
Department (hereinafter "PAPD"), ORI TX1230700. The DEA is authorized to enter into this
cooperative agreement concerning the use and abuse of controlled substances under the provisions
of 21 U.S.C. § 873.
Whereas there is evidence that trafficking in narcotics and dangerous drugs exists in the Beaumont,
Texas, area and that such illegal activity has a substantial and detrimental effect on the health and
general welfare of the people of Texas,the parties hereto agree to the following:
1. The Beaumont Task Force will perform the activities and duties described below:
a. disrupt the illicit drug traffic in the Beaumont, Texas. area by immobilizing targeted
violators and trafficking organizations;
b. gather and report intelligence data relating to trafficking in narcotics and dangerous drugs;
and
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.
2. To accomplish the objectives of the Beaumont Task Force, the PAPD agrees to detail one
experienced officer(s)to the Beaumont Task Force for a period of not less than two years. During
this period of assignment, the assigned PAPD officer(s) will be under the direct supervision and
control of DEA supervisory personnel assigned to the Task Force.
3. The PAPD officer(s) assigned to the Task Force shall adhere to all DEA policies and
procedures. Failure to adhere to DEA policies and procedures shall be grounds for dismissal from
the Task Force.
4. The PAPD officer(s) assigned to the Task Force shall be deputized as Task Force Officer(s) of
DEA pursuant to 21 USC 878.
5. To accomplish the objectives of the Beaumont Task Force, DEA will assign three Special
Agents to the Task Force. DEA will also,subject to the availability of annually appropriated funds
or any continuing resolution thereof, provide necessary funds and equipment to support the
activities of the DEA Special Agents and PAPD officer(s) to the Task Force. This support will
include: office space, office supplies travel funds, funds for the purchase of evidence and
information, investigative equipment, training and other support items.
6. During the period of assignment to the Beaumont Task Force,the PAPD will remain responsible
for establishing the salaries and benefits, including overtime, of the PAPD officer(s) assigned to
the Task Force and for making all payments due them. DEA will, subject to availability of funds,
1
ORI TX1230700
reimburse the PAPD for overtime payments made by it to the PAPD officer(s) assigned to the
Beaumont Task Force for overtime,up to a sum equivalent to 25 percent of the salary of a GS-12,
Step 1 (RUS) federal employee, currently $18,649.00, per officer. Note: Task Force Officer's
overtime "Shall not include any costs for benefits, such as retirement, FICA, and other
expenses."
7. In no event will the PAPD charge any indirect cost rate to DEA for the administration or
implementation of this agreement.
8. The PAPD 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.
9. The PAPD 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
duly authorized agents and representatives, any and all records, documents, accounts, invoices,
receipts or expenditures relating to this agreement. The PAPD shall maintain all such reports and
records until all litigation, claim, audits and examinations are completed and resolved or for a
period of three (3) years after termination of this agreement, whichever is later.
10. The PAPD shall comply with Title VI of the Civil Rights Act of 1964, Section 504 of the
Rehabilitation Act of 1973,the Age Discrimination Act of 1975,as amended, and all requirements
imposed by or pursuant to the regulations of the United States Department of Justice implementing
those laws, 28 C.F.R. Part 42, Subparts C, F, G, H and I.
11. The PAPD agrees that an authorized officer(s) 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 PAPD acknowledges
that this agreement will not take effect and no federal funds will be awarded until the completed
certification is received.
12. When issuing statements, press releases requests for proposals, bid solicitations and other
documents describing projects or programs funded in whole or part with federal money,the PAPD
shall clearly state: (1)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.
13. The term of this agreement shall be effective from the date in paragraph number one until
September 30,2020. This agreement may be terminated by either party on 30 days advance written
notice. Billing 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 PAPD
during the term of this agreement.
2
ORI TX1230700
For the Drug Enforcement Administration:
Date:
Will R. Glaspy
Special Agent in Charge
For the Port Arthur olice Department:
tV " Date:?').1-146 I lS?'R
Timothy . uriso
Chief of olid
3
ORI TX1230700
U.S. DEPARTMENT OF JUSTICE
OFFICE OF JUSTICE PROGRAMS
OFFICE OF THE COMPTROLLER
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 (Nonpro-curement) 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 1352, 31 of the public(Federal,State,or local)transaction or contract under a
implemented at Section CFR Part2Title69,for personstU.S..S.entCode,ring into anda public transaction;violation of Federal or State antitrust statutes
grant or cooperative agreement over$100,000,as defined at or commission theft,forgery,
28 CFR Part 69,the applicant certifies that: bribery,falsification embezzlement,or destruction ooff records,
making false
statements,or receiving stolen property;
(a)No Federal appropriated funds have been paid or will be (c)Are not presently indicted for or otherwise criminally or
paid, by or on behalf of the undersigned,to any person for in- civilly charged by a governmental entity(Federal, State,or
fluencing or attempting to influence an officer or employee of any local)with commission of any of the offenses enumerated in
agency,a Member of Congress, an officer or employee of paragraph(1)(b)of this certification;and
Congress,or an employee of a Member of Congress in con-
nection with the making of any Federal grant,the entering into (d)Have not within a three-year period preceding this applica-
of any cooperative agreement,and the extension,continuation, tion had one or more public transactions(Federal,State,or
renewal,amendment,or modification of any Federal grant or local)terminated for cause or default;and
cooperative agreement;
B.Where the applicant is unable to certify to any of the
(b) If any funds other than Federal appropriated funds have statements in this certification, he or she shall attach an
been paid or will be paid to any person for influencing or at- explanation to this application.
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 3. DRUG-FREE WORKPLACE
Federal grant or cooperative agreement,the undersigned shall (GRANTEES OTHER THAN INDIVIDUALS)
complete and submit Standard Form- LLL, "Disclosure of
Lobbying Activities,"in accordance with its instructions; As required by the Drug-Free Workplace Act of 1988,and
(c)The undersigned shall require that the language of this cer- implemented at 28 CFR Part 67,Subpart F,for grantees,as
tification be included in the award documents for all subawards defined at 28 CFR Part 67 Sections 67.615 and 67.620—
at all tiers(including subgrants,contracts under grants and A.The applicant certifies that it will or will continue to provide
cooperative agreements,and subcontracts)and that all sub- a drug-free workplace by:
recipients shall certify and disclose accordingly.
(a)Publishing a statement notifying employees that the
unlawful manufacture,distribution,dispensing,possession,or
2. DEBARMENT,SUSPENSION, AND OTHER use of a controlled substance is prohibited in the grantee's
workplace and specifying the actions that will be taken against
RESPONSIBILITY MATTERS employees for violation of such prohibition;
(DIRECT RECIPIENT) (b)Establishing an on-going drug-free awareness program to
As required by Executive Order 12549, Debarment and inform employees about—
Suspension, and implemented at 28 CFR Part 67,for prospec- (1)The dangers of drug abuse in the workplace;
tive participants in primary covered transactions, as defined at (2)The grantee's policy of maintaining a drug-free workplace;
28 CFR Part 67, Section 67.510—
A. The applicant certifies that it and its principals: (3)Any available drug counseling,rehabilitation,and employee
assistance programs;and
(a)Are not presently debarred, suspended, proposed for debar- (4)The penalties that may be imposed upon employees for
ment, declared ineligible,sentenced to a denial of Federal drug abuse violations occurring in the workplace;
benefits by a State or Federal court, or voluntarily excluded
from covered transactions by any Federal department (c) Making it a requirement that each employee to be engaged
or agency; in the performance of the grant be given a copy of the state-
ment required by paragraph(a);
(b) Have not within a three-year period preceding this applica-
tion been convicted of or had a civil judgment rendered against (d)Notifying the employee in the statement required by para-
them for commission of fraud or a criminal offense in connec- graph (a)that,as a condition of employment under the grant,
tion with obtaining,attempting to obtain,or performing a the employee will—
OJP FORM 4061/6(3-91)REPLACES OJP FORMS 4061/2,4061/3 AND 4061/4 WHICH ARE OBSOLETE.
(1)Abide by the terms of the statement;and
(2)Notify the employer in writing of his or her conviction for a
violation of a criminal drug statute occurring in the workplace
no later than five calendar days after such conviction;
•
Check 0 if there are workplaces on file that are not indentified
(e)Notifying the agency, in writing,within 10 calendar days here.
after receiving notice under subparagraph (d)(2)from an Section 67, 630 of the regulations provides that a grantee that
employee or otherwise receiving actual notice of such convic-tion. is a State may elect to make one certification in each Federal
Employers of convicted employees must provide notice,including fiscal year.A copy of which should be included with each ap-
position title,to:Department of Justice, Office of plication for Department of Justice funding.States and State
Justice Programs,ATTN:Control Desk, 633 Indiana Avenue, agencies may elect to use OJP Form 4061/7.
N.W.,Washington,D.C.20531. Notice shall include the iden-
tification number(s)of each affected grant; Check ❑ if the State has elected to complete OJP Form
(f)Taking one of the following actions,within 30 calendar 4061!7.
days of receiving notice under subparagraph(d)(2),with
respect to any employee who is so convicted— DRUG-FREE WORKPLACE
(1)Taking appropriate personnel action against such an (GRANTEES WHO ARE INDIVIDUALS)
employee, up to and including termination, consistent with the As required by the Drug-Free Workplace Act of 1988,and
requirements of the Rehabilitation Act of 1973, as amended;or implemented at 28 CFR Part 67, Subpart F,for grantees,as
(2)Requiring such employee to participate satisfactorily in a defined at 28 CFR Part 67; Sections 67.615 and 67.620—
drug abuse assistance or rehabilitation program approved for A.As a condition of the grant, I certify that I will not engage
such purposes by a Federal, State,or local health, law enforce- in the unlawful manufacture, distribution,dispensing, posses-
ment,or other appropriate agency; sion,or use of a controlled substance in conducting any
(g)Making a good faith effort to continue to maintain a drug- activity with the grant;and
free workplace through implementation of paragraphs (a), (b), B. If convicted of a criminal drug offense resulting from a
(c),(d), (e), and(f). violation occurring during the conduct of any grant activity, I
B.The grantee may insert in the space provided below the will report the conviction, in writing, within 10 calendar days
site(s)for the performance of work done in connection with of the conviction,to: Department of Justice, Office of Justice
the specific grant: Programs,ATTN:Control Desk, 810 Seventh Street NW.,
Washington, DC 20531.
Place of Performance(Street address,city,county,state,zip
code)
As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above certifications.
1. Grantee Name and Address: (State and Local Agency Name)
2.Application Number and/or Project Name 3. Grantee IRS/Vendor Number
N/A N/A
4.Typed Name and Title of Authorized Representative
5.Signature 6. Date
'U.S.Govemment Printing Office:1996• 405-037/40014