19-R-95 - Agreements with the Drug Enforcement AdministrationRESOLUTION NO. 19 -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
V;HEREAS, 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
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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any provision of this Resolution are hereby repealed to the extent of such conflict, and the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, 13th day of August 2019
CITY OF WERTZ, TEXAS
Michael R. Carpenter
ATTEST:
Lo
City S cr tary, Brenda Dennis
or IFTM.
50506221.1 - 2 -
PROGRAM FUNDED STATE AND LOCAL TASK FORCE AGREEMENT
This agreement is made this I' day of October 2019, between the United States Department of
Justice, Drug Enforcement Administration (hereinafter "DEA "), and the Schertz Police
Department (hereinafter "SPD "), ORI 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 24 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
Task Force Officer(s) with a vehicle, DEA will be financially responsible for the purchase of
fuel.
ORI TX0940200
6. During the period of assignment to the San Antonio Task Force, the SPD will remain
responsible for establishing the salaries and benefits, including overtime, of the SPD 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 payments made by it to the SPD officer(s)
assigned to the San Antonio 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 "Sliall 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 three (3) years after termination of this agreement, whichever is later.
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 406116, 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 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 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 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 SPD during the term of this agreement.
2
ORI TX0940200
For the Drug Enforcement Administration:
Date:
Will R. Claspy
Special Agent in Charge
For the Schertz Police Department:
Date:
Michael R. Hansen
Chief of Police
ORl TX0940200
TACTICAL DIVERSION TASK FORCE AGREEMENT
This agreement is made this 1" day of October, 2019, between the United States Department of
Justice, Drug Enforcement Administration (hereinafter "DEA "), and the Schertz Police
Department (hereinafter "SPD "). 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 one Diversion Investigator 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.
6. During the period of assignment to the San Antonio TDS, the SPD will be 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 agency /department for overtime payments made by it to SPD officer(s) assigned to
the San Antonio TDS 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 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 fiends 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 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 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 or employee will execute and return to DEA the
attached ON 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 projects or programs 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 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 maybe 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.
2
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
Section 1352, Title 31 of the U.S. Code, and public (Federal, State, or local) transaction or contract under a
As required by S
implemented at a CFR Part Tit for persons entering into a public transaction; violation of Federal or State antitrust statutes
or commission of embezzlement, theft, forgery,
grant or cooperative agreement over $100,000, as defined at bribery, falsification or destruction of records, making false
28 CFR Part 69, the applicant certifies that: 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-
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 certify 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 CFR Part 67, Section 67.510—
A. The applicant certifies that it and its principals:
(a) 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;
(b) 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
(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 28 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 (a);
(d) Notifying the employee in the statement required by para-
graph (a) that, as a condition of employment under the grant,
the employee will-
OJP FORM 406116 (3 -91) REPLACES OJP FORMS 406112. 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;
(e) Notifying the agency, in writing, within 10 calendar days
after receiving notice under subparagraph (d)(2) from an
employee or otherwise receiving actual notice of such conviction.
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(s) of each affected grant;
(f) 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
(2) 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 (a), (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 4061/7.
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, I 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. If 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, 810 Seventh Street NW.,
Washington, DC 20531.
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 i+!ame)
2. Application Number and /or Project Name
N/A
4. Typed Name and Title of Authorized Representative
5. Signature
3. Grantee IRSNendor Number
NIA
6. Date
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