HomeMy WebLinkAboutResolution - 2019-R0372 - DEA For The 2020 State & Local Task Force - SURGE Program Asset Forfeiture - 10/08/2019 (2)Resolution No. 2019-RO372
Item No. 6.18
October 8, 2019
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Council of the City of Lubbock hereby authorizes and directs the
Mayor of the City of Lubbock to execute an Agreement by and between the City of
Lubbock, the United States Department of Justice, and the United States Drug
Enforcement Administration for the 2020 State & Local Task Force – SURGE Program
Asset Forfeiture Sharing Agreement, which said Agreement and any associated
documents, are attached hereto and made a part of this Resolution for all intents and
purposes.
Passed by the City Council this 8th day of October 2019.
DANIEL. M. POPE, MAYOR
ATTEST:
Rebe ca Garza, City Sec et
APPROVED AS TO C NTENT:
Jerry D. hVer,—, Po'licethief
APPROVE AL O
John s to tC'ty-kttomey
S-c'yattC MOU-DEA-SURGE-AssetF orfAgr.2020.doc
Resolution No. 2019-R0372
FY 2020 Asset Forfeiture Sharing Agreement
Task Force Group (Lubbock)
Lubbock Police Department
The U.S, Department of Justice, 2018 Joint Guide to Equitable Sharing for State and Local Law
Enforcement, governs this Agreement. The State and Local Law Enforcement members (the
Participants"), of the DEA Task Force Group (Lubbock) (the "Task Force"), hereby agree to the
following terms and conditions of this Memorandum of Understanding("MOU") governing the
Task Force's equitable sharing requests and participation in the United States Department of Justice
DOJ") Equitable Sharing Program.
The following are the Task Force Participants and their contribution to the Task Force:
Lubbock Police Department/Three (3)Task Force Officers
Texas Department of Public Safety/One (1)Task Force Officer
Brownfield Police Department/One (1) Task Force Officer
Lubbock County Sheriff's Office/One (1)Task Force Officer
Participants acknowledge that equitable sharing is at the discretion of the Attorney General and not
guaranteed in any case. Participants acknowledge that sharing will not be awarded in a case if
victims have not been fully compensated. State and Local government entities can be considered
victims. Participants acknowledge that the DOJ Money Laundering and Asset Recovery Section
MLARS) will be the sole decider for 100% property requests,
Sharing percentages shall be based upon the following formula:
Agencies with one or more full time deputized Task Force Officers (TFOs) assigned to the Task
Force will receive an equitable, prearranged sharing percentage that fairly reflects the overall
agencies' investigative, financial, or administrative contributions to the task force and/or the
agencies' efforts resulting in federal forfeiture of the asset, including accounting for any
participation by a federal agency.
The maximum amount available for sharing is currently 80 percent of the asset value minus
expenses related to the seizure, and minus any percentages allotted for agencies not a part or recently
added to this Sharing Agreement who have also participated quantitatively or qualitatively in the
asset seizure. The new minimum sharing amount is$500. Sharing is not automatically 80 percent.
The actual sharing amount allocated to participating agencies may be impacted by numerous factors.
The sharing percentages awarded to State and Local Law Enforcement agencies' is based on
qualitative and quantitative contributions, and is no longer deducted from the 20% federal share.
Participants understand that if a non-MOU member receives an equitable share based upon their
contribution, then the MOU Participants' shares shall be reduced proportionately (e.g., if non-MOU
agency receives 10%based upon their contribution,then the MOU Participants' percentages shall be
based upon 90% of the maximum amount available for sharing).
Participants further understand that additional adjustments may be necessary so to ensure that DOJ
receives a minimum of 20%.
Participants further understand that the federal decision-makers, including DEA, on each equitable
sharing request retain discretion to modify percentages as deemed appropriate based on the facts and
circumstances in each case.
The additional and/or departure of Participant agencies and personnel shall not require renewal of
this Sharing Agreement. Rather, the equitable, prearranged sharing percentages shall continue to
fairly reflect Participant agencies investigative, financial, or administrative contributions to the task
force and/or the agencies' efforts resulting in federal forfeiture of the asset.
This Sharing Agreement shall remain in force upon the addition or departure of law enforcement
agencies in the DEA Task Force Group (Lubbock). This agreement shall be reviewed annually at
the time each agency completes the State and Local Task Force Agreement with DEA for the
coming Fiscal Year. Termination shall be by mutual consent in writing by all Task Force
Participants or by the withdrawal of DEA, (the latter upon 30 days advance written notice to all
current Task Force Participants)
Clyde E. Shelley, Jr^^^
Special Agent in Charge
Dallas Field Division
Date
For the City of^Qbbock:
October 8, 2019
Daniel M. Pope, Mayor Date
Attest:
Rebecca Garza, City Secretly
Approved as to Content:
Jerry Bre r
Interim Chi of Police
Lubbock Police Department
Approv4t
John Ct City Attorney
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
from. 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 Department and Suspension (Nonprocurement)and
Government-wide Requirements for Drug-Free Workplace (Grants)."The certifications shall be treated as a material
representation of fact upon reliance will be placed when the Department of Justice determines to award the
covered transaction,grant, or cooperative agreement.
1. LOBBYINGg g2
n
iulR (Federal.State,.
transac ion;.
rdlocal) tea ado or c tr ct under
itrust
Ams e en edean 288 Pat 59T>' 5$
f
as
2tir
e! ao2 FR aterY
entses
f o ecei
vinlostoelenfu
tionof records, ma
into
e go
aesrye'p
p
r ns e t ria intto f e fa si
art 9,tae apps ant ceemer}ifles twat:
t g property;
Are not presentl indi t d For or th nvi criminal or civil)
a} No Federal appropriate funds have been paid or will be paid, p arged p a over i n fael ntit (NerafSeSt te, or ical wI
by or on behalf of the undersigned, to any person for influencing om I sioyn tgan o iehe oftipensXs enumerated in paragrah 1)
or attempting to influence an fficer or employee of any agency, )o tris cerTiificat on; and
a Member of Congress, an oniicer or employee of Congress, or
an employee of a Member of Congress in connection with the
hh V pmapingofanyFederalgranttheenteringinto
re
any dna onr not withinem
u l rB soCtTns pie eral I
al
apgficlatio
coo erative agreement, and extension, continuation, renewal,
ermina a for taus or eau t;an
tr cd I, 5la e, r oca
amendment, or modification of any Federal grant or cooperative
agreement;
B. Whe a the a plicannii is.unable to c rtify to an f the
stat me is in U 1 c rtification, he or s ie shall aYtaco an
b if any,FF r ds othher than Federal a r riated fund havet.ben explana{ion to this application.
ld or wilYse id to an gpsee fo onl i an enL
or at
beTq
uence an o cer or e p a e,
a
Vress, ar Ricer or ern o ee o?Come ,o eo a loyae?o DR G-mber o on res i co ne tion h is a era r n o $ E yypRKp,q E
t{ n n jhe t T_Tersi4ed s al
5 p e o anc (`RMEESO HER THAN INDIVIDUALS}c iatitgan ar orm Isc{osure o o byingActivities, in accordance with its instructions; As
ireuairted28
ePartu refl Wr
b lagrr6el CCaindo fi1988, and
denCl s, asecions
f(CC The Undersigned shall require that the lar) uve oI this cer-
ication D flded in the aw rd docgmepts td alrsubawards at I e a II a t c rtilies that it will or well continue to provide aa11Pters. nc using stbgrans ontra Ct)S undder prat ar d rug-reeir Cp('aceeby:coo erativ ree ens n §u contr c s an titga a su -
reci lents sha l3ce i an disclose actor ing y.
V, b l hi
faatu
eat
In
ntutio[iti is nemployeese
th of the
ILLC4 6,Uq
use r a cao5 r oec sus once IR rp i life in h Rran ee lC, p(tt=
NlkN
IEtYtiIUN,
ANU U I HER
employees for v$ atio f o such prto i itiiionhn; wi be a e agains
lf
Fi3 ER5
fb tstabli hin a on-going drug-tree awareness program toqqsreuiredbYExecutiveOrdder11ZZ5g9, barment and rn orrn emp eye!s abput
S u Penol n„and im lemented t 2S CFFZ Prt 67 efor ros a tI
fFRcNar 7,%8C ion
7cbp,red transactions, a§ de>PnecP'T g (
1)The dangers of drugs abuse in the workplace;
A. The applicant certifies that it and its principals:2)The grantee's policy of maintaining a drug-free workplace;
c
a)Are not presently, debarred, suspended, proposed for debar- aJs)sis{'aynce programs gandunseling, rehabilitation, and employee
ment declared ineligible, sentenced to a denial of Federal
benefits by a State -Federal co voluntarily excluded fromy r4)The gr alties that ma .b imwposked upon employees for drugcoveredtransactionsbanFederaldeartmentoraenc ;use v o a ions occurrinayin a or p a ,
b Have nott wth' a thr e- ea elfod eced'n t is a I'c tion ((cLMak n t a re%4irt meat tlat each em luee to be enwed iq
u en convicted o r
hate(
a yeivi.e renc erge a ga'rl?sr e re uiredb pace
h
ran be given d c py of the s men
o
r Gommis on of.rau r 0 crI i o ense in con eclion wi
q Y Paragrap
e(
a;
taining,
aiyon %
ng to Arain,or performing a
de „t
oY d
Ntth
emptoe0 in he tatem nt eq fired brarath ,as a coynUltion oftempi oymenef under tee gran
OJP FORM 406116(3-91)REPLACES OJP FORMS 4061/2,4062/3 AND 406114 WHICH ARE OBSOLETE.
1)Abide by the terms of the statement; and
DEA/Lubbock Resident Office
i la on o aecri%gyluru
swtr
u occuir in the°worktplacerno 5214 68th Street, Suite 901
a er han roe ca en ardagys a er such can cc ion; Lubbock, Texas 7 94 24
e Notif ing the a etc , i writin with' c lendar days after
e eiyln rFotice U
tperY
sun PP, aph a) rol an ertrplo ea Check r- there are workplace on file that are not identifiedroisretieviauanoticoucconviti .n. ere.
m to egr s
ryc-Rwc
cot For,
Ofnes
g'
stro v
ds
Coticne
n cfuu In
3
aT
ro2r
t
O 1 10Inp&
D.0 2 5 f ce ha lsinnclur tlenpEificraSUo n a tl?,ma e10?f the r ulateions p cvv}des.that aha
an ee lf at it
num er s of each a ected grant;
for Depa i Mnt o6lyVici r
fe
nicl la wapnd ti ate pegen es
may elec o use Form pb117.
a e
T%n one. of the, follow' actions, with' 30 lend r
reSYpecl t any cern nee whoUs2s2orconv eteregrap (d)( wi Check r- if the State has elected to complete OJP Form
406117.
L1 Taking ap roen to rsonnel ,action win(St sup n
G REE q E
4
oeee, u 7 hn`b " ed`gno?i> 3 assamendec horse
GRANT ES W 9 RE 1NDiVlDUALS}re it mentspo he e a i i
att
n c o
As re uIre qRequiringsucheml
litat o
i Cca ta tasfac 1I `Parsuc n tlerr er t C rt
97W
F,
c{t of 1986, and
gss iee ap
ropnateeagl§
ncy
e, or o a ea h,Raw en orcemen eine a a e UO6 and gf.g ntees, as
Asa o dition of he gr nt.l ertify that I will not enga a in
g)Making a goof)faith effort to continue to maintain a dru - Free use to an ontrof e;u
subifanlbu
ion'
conei innin2gh actly y wi hworkplacethroughimplementationofparagraphs(a), (b),{ ), (d), t e grant; ande),and(f).
The rante ma insert in tie ggace.pprovided below the ite B. if convinced of a criminal drug offense resulting, from as) fo ttTge er arm nce of work tl ne ih connection with t e violation occurring during the conduct of any grant activity, I willecifrcgram: report the convicTion, in writing, within 10 calendar days of the
conviction,to: Department of Justice, Office of Justice Programs,
Pine) of Performance (Street address, city, country, state, zip A C 2053 ntrol Desk, 633 Indiana Avenue, N.W., Washington,
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:
Lubbock Police Department
916 Texas Ave.
Lubbock, Texas 79403
2. Application Number and/or Project Name 3. Grantee IRSNendor Number
DEA-Lubbock Regional Task Force 1-75-6000590-6
4. Typed Name and Title of Authorized Representative
Jerry Brewer, Interim Chief of Police
5. Signatu 6. Date