HomeMy WebLinkAboutPR 21562: COOPERATIVE AGREEMENT WITH THE DRUG ENFORCEMENT ADMINSISTRATION City of
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www.PortArthurTx.gov
INTEROFFICE MEMORANDUM
Date: September 8, 2020
To: The Honorable Mayor and City Council
Through: Ronald Burton, City Manager 1) /1410,
From: Timothy Duriso, Chief of Police
RE: PR 21562; 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 to
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$19,180.25
"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 �I
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www.PortArthurTx.gov
Recommendation:
It is recommended that the City Council approve the Chief of Police to 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. 21562
9/8/20 jh
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CHIEF OF POLICE TO
EXECUTE THE DRUG ENFORCEMENT ADMINISTRATION
(D.E.A. ) TASK FORCE COOPERATIVE 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 authorizes
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 caption of this
resolution shall be spread upon the Minutes of the City
Council .
READ, ADOPTED AND APPROVED on this day of
September, A. D. , 2020, at a Regular Meeting of the City
Council of the City of Port Arthur, Texas, by the following
vote : AYES:
P.R. No. 21562
Mayor:
Councilmembers : ,
NOES:
Thurman Bill Bartie
Mayor
ATTEST:
Sherri Bellard
City Secretary
APPROVED AS TO FORM:
al Tiz o
City Attorney
APPROVED FOR ADMINISTRATION:
Ronald Burton
City Manager
EXHIBIT "A"
U. S. Department of Justice
�� J✓ Drug Enforcement Administration
Houston Division
1433 West Loop South, Suite 600
Houston,Texas 77027
www.dea.gov August 17,2020
Timothy W. Duriso
Chief of Police
Port Arthur Police Department
P.O. Box 1089
Port Arthur,Texas 77640
Dear Chief Duriso:
Enclosed for your review and signature is the Task Force Agreement and OJP Form for Fiscal
Year 2021. It is respectfully requested that the signed documents be returned via email in PDF
format by September 28,2020,at the email listed below. Once all signatures are obtained,courtesy
copies will be emailed to your office point of contact.
You will notice that the total dollar amount of the overtime reimbursement in paragraph six has
been removed. While the amount of the reimbursement has not changed from $19,180.25, the
exact dollar amount was removed from the agreement in order to allow us to better internally
manage the funding.
Thank you for your continued support of the Drug Enforcement Administration Houston
Division. Your unwavering commitment to provide investigative resources is vital and
important. We look forward to continuing to work with you and the Port Arthur Police
Department.
If you have any questions, please contact Program Support Specialist Myrna Garcia Robles at
571-324-8327 or by email myrna.garcia.robles@usdoj.gov.
Sincerely,
Steven S. Whipp
Special Agent in Charge
Enclosures
PROGRAM FUNDED
STATE AND LOCAL TASK FORCE AGREEMENT
This agreement is made this 1st day of October 2020, between the United States Department of
Justice, Drug Enforcement Administration (hereinafter "DEA"), and the Port Arthur Police
Department (hereinafter "PAPD"), ORI Number 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 PAPD assigned officer(s) will be under the direct
supervision and control of DEA supervisory personnel assigned to the Task Force.
3. The PAPD 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 four 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 salary and benefits, including overtime, of the officer(s)
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assigned to the Task Force and for making all payments due them. DEA will, subject to
availability of funds, reimburse the PAPD for overtime payment. Annual overtime for each
state or local law enforcement officer is capped at the equivalent of 25% of a GS-12, Step 1, of
the General Pay Scale for the Rest of United States. Reimbursement for all types of qualified
expenses shall be contingent upon availability of funds and the submission of a proper request
for reimbursement which shall be submitted monthly or quarterly on a fiscal year basis, and
which provides the names of the investigators who incurred overtime for DEA during the
invoiced period, the number of overtime hours incurred, the hourly regular and overtime rates in
effect for each investigator, and the total cost for the invoiced period. Invoices must be
submitted at least quarterly within 10 business days of the end of the invoiced period. 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 six (6) years after termination of this agreement, whichever is sooner.
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 to the
PAPD by DEA until the completed certification is received.
12. When issuing statements, press releases requests for proposals, bid solicitations and other
documents describing programs or projects 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 program or
project.
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13. The term of this agreement shall be effective from the date in paragraph number one until
September 30, 2021. 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.
For the Drug Enforcement Administration:
Date:
Steven S. Whipple
Special Agent in Charge
For the Port Arthur Police Department
Date:
Timothy W. Duriso
Chief of Police
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U.S. DEPARTMENT OF JUSTICE
rs� 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
As required
at Section CFR Part2Title69for personstU.S..S.Code,ring into anda public transaction;violation of Federal or State antitrust statutes
imry,
grant or cooperative agreement over$100,000, as defined at or commission falsificationoembezzlement,theft,records,fords
28 CFR Part 69,the applicant certifies that: bribery,nts, eor destructionoof making false
statements, or receiving stolen property;
(a) No Federal appropriated funds have been paid or will be
paid, by or on behalf of the undersigned, to any person for in- civilly Are not chargedpreby aly governmentalindicted for notherwise(Federal,criminallyttor
fluencing or attempting to influence an officer or employee of any local)
with mi if any of entity offenses
State,or
agency, a Member of Congress, an officer or employee of local) aph commission of thi of any of the offenses enumerated in
Congress, or an employee of a Member of Congress in con-
nection
paragraph(1)(b)of this certification; and
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 0 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 and Address)
2.Application Number and/or Project Name 3. Grantee IRSNendor Number
N/A N/A
4.Typed Name and Title of Authorized Representative
5.Signature 6. Date
•
U.S.Government Printing Office 1996- 405-037/40014