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20-R-95 - Agreements with the Drug Enforcement AdministrationRESOLUTION NO. 20 -R -95 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AGREEMENTS WITH THE DRUG ENFORCEMENT ADMINISTRATION, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, there is evidence that trafficking in controlled substance pharmaceuticals and /or listed chemicals exists in the San Antonio area to include the City of Schertz; and WHEREAS, there is evidence that trafficking in narcotics and dangerous drugs exists in the San Antonio area to include the City of Schertz; and WHEREAS, the Schertz Police Department and the Drug Enforcement Administration desire to enter into AGREEMENTS regarding the use of experienced investigators familiar with the local area and culture to assist in the investigations of DEA Task Force Units and the resources of various Federal agencies to assist in local investigations; and WHEREAS, the City staff of the City of Schertz (the "City ") has recommended that the City enter agreements with the Drug Enforcement Administration; and WHEREAS, the City Council has determined that it is in the best interest of the City to enter into agreements with the Drug Enforcement Administration. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes the Chief of Police to enter into the agreements attached in Exhibit A. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 25th day of August, 2020. CITY OF SCHERTZ, TEXAS Mayo , �t ph W ierrez ATTEST: City Secretary, Brenda Dennis r - 50506221.1 - 2 - 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 Schertz Police Department (hereinafter "SPD "), ORI Number TX0940200. 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 San Antonio, 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 San Antonio Task Force will perform the activities and duties described below: a. disrupt the illicit drug traffic in the San Antonio, 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 San Antonio Task Force, the SPD agrees to detail one experienced officer(s) to the San Antonio Task Force for a period of not less than two years. During this period of assignment, the assigned SPD officer(s) will be under the direct supervision and control of DEA supervisory personnel assigned to the Task Force. 3. The SPD 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 SPD 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 San Antonio Task Force, DEA will assign 21 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 SPD 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. If the SPD provides the officer(s) with a vehicle, DEA will be financially responsible for the purchase of fuel. Page 1 of 3 6. During the period of assignment to the San Antonio Task Force, the SPD will remain responsible for establishing the salary and benefits, including overtime, of the officer(s) assigned to the Task Force and for making all payments due them. DEA will, subject to availability of funds, reimburse the SPD 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 Officers overtime shall not include any costs for benefits, such as retirement, FICA, and other expenses. 7. In no event will the SPD charge any indirect cost rate to DEA for the administration or implementation of this agreement. 8. The SPD 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 SPD 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 SPD 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 SPD 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 SPD 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 SPD acknowledges that this agreement will not take effect and no federal funds will be awarded to the SPD 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 SPD 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. Page 2 of 3 13. The term of this agreement shall be effective from the date in paragraph number one until September 30, 2021. This agreement maybe 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 SPD during the term of this agreement. For the Drug Enforcement Administration: Steven S. Whipple Special Agent in Charge For the Schertz Police Department: Michael R. Hansen Chief of Police Page 3 of 3 Date: Date: TACTICAL DIVERSION TASK FORCE AGREEMENT This agreement is made this 1' day of October 2020, between the United States Department of Justice, Drug Enforcement Administration (hereinafter "DEA "), and the Schertz Police Department (hereinafter "SPD "), ORI Number TX0940200. 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 controlled substance pharmaceuticals and /or listed chemicals exists in the San Antonio, 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 San Antonio Tactical Diversion Squad (TDS) will perform the activities and duties described below: a. Investigate, disrupt and dismantle individuals and /or organizations involved in diversion schemes (e.g., "doctor shopping ", prescription forgery, and prevalent retail -level violators) of controlled pharmaceuticals and /or listed chemicals in the San Antonio, Texas area; b. Investigate, gather and report intelligence data relating to trafficking of controlled pharmaceuticals and/or listed chemicals; 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 San Antonio TDS, the SPD agrees to detail one experienced officer(s) to the San Antonio TDS for a period of not less than two years. During this period of assignment, the SPD officer(s) will be under the direct supervision and control of a DEA supervisory Special Agent assigned to the Task Force. 3. The SPD officer(s) assigned to the TDS shall adhere to DEA policies and procedures. Failure to adhere to DEA policies and procedures shall be grounds for dismissal from the Task Force. 4. The SPD officer(s) assigned to the Task Force shall be deputized as Task Force Officer(s) of DEA pursuant to 21 U.S.C. Section 878. 5. To accomplish the objectives of the San Antonio TDS, DEA will assign three Special Agents and nine Diversion Investigators to the Task Force. DEA will also, subject to the availability of annual Diversion Control Fee Account (DCFA) funds or any continuing resolution thereof, provide necessary funds, vehicles, and equipment to support the activities of the DEA Special Agents and SPD officer(s) assigned to the TDS. This support will include: vehicles, office space, office supplies, travel funds, funds for the purchase of evidence and information, investigative equipment, training, and other support items, as available DCFA funds permit. Task Force officers must record their work hours via DEA's activity reporting system. Page 1 of 3 6. During the period of assignment to the San Antonio TDS, the SPD will remain responsible for establishing the salary and benefits, including overtime, of the officers assigned to the Task Force, and for making all payments due them. DEA will, subject to availability of funds, reimburse the SPD for overtime payment. Annual overtime for each state or local law enforcement officer is capped atthe 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 Officers overtime shall not include any costs for benefits, such as retirement, FICA, and other expenses. 7. In no event will the SPD charge any indirect cost rate to DEA for the administration or implementation of this agreement. 8. The SPD 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 SPD 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 SPD 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 SPD 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 1. 11. The SPD 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 SPD acknowledges that this agreement will not take effect and no Federal funds will be awarded to the SPD 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 in part with Federal money, the SPD 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 program or project. Page 2 of 3 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 thirty 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 SPD during the term of this agreement. For the Drug Enforcement Administration: Steven S. Whipple Special Agent in Charge For the Schertz Police Department: Michael R. Hansen Chief of Police Page 3 of 3 Date: Date: