HomeMy WebLinkAboutResolution - 2021-R0383 - High Intensity Drug Trafficking Area Agreement with US DOJ & DEA 9.28.21Resolution No. 2021-R0383
Item No. 7.25
September 28, 2021
RESOLUTION
(FY2022 HIDTA Agreement with Asset Sharing and Certification)
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 2022 - High Intensity Drug Trafficking Area
(HIDTA) Task Force Agreement, which said Agreement and any associated
documents, including an Asset Sharing Agreement and Certifications Regarding
Lobbying; Debarment, Suspension and Other Responsibility Matters; and Drug -Free
Workplace Requirements, which are attached hereto and made a part of this Resolution
for all intents and purposes.
Passed by the City Council this 28th _day of September
DANIEL M. PO
ATTEST:
Reb ca Garza, City SecreUry
APPROV D AS TO T-
Floyd M' chill, Po ice Chief
APPROVED
John,V,,G�Xr, �d*9't y Attorney
MOU-HIDTA 2022 doc
, 2021.
YOR
Resolution No. 2021-R0383
2022 HIDTA STATE AND LOCAL TASK FORCE AGREEMENT
DALLAS FIELD DIVISION
HIDTA TASK FORCE GROUP (LUBBOCK)
LUBBOCK CITY POLICE DEPARTMENT
This agreement is made this 1st day of October 2021, between the United States
Department of Justice, Drug Enforcement Administration (hereinafter "DEA"), and
the City of Lubbock on behalf of the Lubbock Police Department ORI# TX1520200
(hereinafter "Lubbock PD"). 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 Lubbock area and that such illegal activity has a substantial and detrimental effect
on the health and general welfare of the people of Lubbock, the parties hereto agree
to the following:
1. The HIDTA Task Force Group (Lubbock) will perform the activities and duties
described below:
a. Disrupt the illicit drug traffic in the Lubbock 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 HIDTA Task Force Group (Lubbock), the
Lubbock PD agrees to detail three (3) experienced officers to the HIDTA Task Force
Group (Lubbock) for a period of not less than two years. During this period of
assignment, the Lubbock PD officers will be under the direct supervision and control
of DEA supervisory personnel assigned to the task force.
3. The Lubbock PD officers 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 Lubbock PD officers assigned to the task force shall be deputized as task force
officers of DEA pursuant to 21 USC 878.
5. To accomplish the objectives of the HIDTA Task Force Group (Lubbock), DEA will
assign three (3) Special Agents to the Task Force. HIDTA 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 Lubbock PD officers assigned 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 HIDTA Task Force Group (Lubbock), the
Lubbock PD 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. HIDTA will, subject to availability of funds reimburse the Lubbock PD for
overtime payments. Annual overtime for each state or local law enforcement officer
is capped at the equivalent of 25% of a GS-12 Step I, of the general pay scale for the
"Rest of the 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 if 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 30 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 Lubbock PD charge any indirect cost rate to DEA for the
administration or implementation of this agreement.
8. The Lubbock PD 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 Lubbock PD 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 Lubbock PD 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 later.
10. The Lubbock PD 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 Lubbock PD 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 Lubbock PD 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 Lubbock PD 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.
13. Deleted (DEA will not provide vehicles).
14. While on duty and acting on task force business, the Lubbock PD officers assigned to
the HIDTA Task Force Group (Lubbock) shall be subject to all DEA and federal
government rules, regulations and procedures governing the use of OGV's for home
to work transportation and for personal business. The HIDTA Executive Committee
acknowledges that the United States is liable for the actions of the Task Force Officer,
while on duty and acting within the scope of their federal employment, to the extent
permitted by the Federal Torts Claim Act.
15. The term of this agreement shall be effective from the date in paragraph number one
until September 30, 2022. 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. HIDTA will be
responsible only for obligations incurred by Lubbock PD during the term of this
agreement.
For the Drug Enforcement Administration:
Eduardo A. Chavez
Special Agent in Charge
Dallas Field Division
For the City of Lubbock:
Daniel Pope
Mayor
City of Lubbock
Attest:
Reb cca Garza
City Secretary
Approved as to Content:
F oyd c e
Lubbock Chief of Police
Daterk ,: �
Date: September 28, 2021
°`% a0-°a 1
Date: September 28, 2021
a a�' a0a 1
Date: J—,-/ - X
Ogj13j;LOa-1
Approved as to Form:
&Z Date: ��
Joh r Z// D
A ist t ty A orne '�g� p�0a,
FY 2022 Asset Forfeiture Sharing Agreement
HIDTA Task Force Group (Lubbock)
Lubbock Police Department
The U.S. Department of Justice, 2018 Joint Guide to Equitable Sharing for State, Local, and
Tribal Law Enforcement Agencies, governs this Agreement. The State and Local Law Enforcement
members ("Participants"), of the DEA Task Force Group (Lubbock) ("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 County Sheriff's Office/Four (4) officers assigned to the Task Force
• Lubbock Police Department/Three (3) officers assigned to the Task Force
• Texas Department of Public Safety/One (1) officer assigned to the Task Force
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% 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%. 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).
Eduardo . havez
Special Agent in Charge
Dallas Field Division
Daniel Pope
Mayor
City of Lubbock
Attest:
Reber a dGarza
City Secretary
City of Lubbock
Date: i� a
Date: September 28, 2021
Date: September 28, 2021
cl/nj
Approved as to Content:
Floyd Mit ell
Chief of Police
Lubbock Police Department
Approved as to Form: �Ie
Date:
Date: lc - :� ` z v.z
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 under28 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 fad upon reliance will be placed when the Department of Justice determines to award the
covered transaction, grant, or cooperative agreement
1. LOBBYING dd a
Ap ced S c�nr, 1 52 flj�c
(ren radiontateJio ttao oyaIon a tleio o�° to ct unfit r 1im'A1r�r ent dVt28ecFR Part 69T+tle 31 of to tLI S. into aae aAAn,,,,d� erves ( Tmmrrlisoro�nad s�fruclem atl� � they or
�r�coeril eppl reel cer�ifiesatrhal�a��t as ae ine l at 2ts Fa sE merits or ecee? ing sfoelen properly°r recor�s, making �alsd
�a) No FV%ra= appro rlat8 funds have been aid o will be aid, C Are t presentt�r Ind11,1d to[ or th rwi criminal orci ' y or on e a f of the tl p v'I begaid, ed a ove n a ntd �ee f j t or at w
8 un ers' ned, to an rson l r mfluer�cn pqm me g 8 e �a
or altem Oq to In uence an Ificer or employee Q r8 V aoencyf to;
o 1nis ceriiticaWon; tanned of�ens�s(enumer�aCe° IrS par graph � )
a Memb oT CCngress, an Doer or emplloyee of r5grss b an ern bYe e or a M mb r o Con ress in cpnnecllon w�th'thr oakie tibf any Federal
eiden�Ione coritn anon, of reneW y �d��favYe no within a 6t�re-areargriod precgedingb(hi apg11jatlo amendment, or modrficalion of an 9 Pe al errnna ate fomceusovorloe�au�1 en�ns tre eral, to e, r oca
agreement; Yederat rant or cooperative
B Wheie the a plic Is una�e to certify to an f the
(titan (u ds other Ihan Federal r riated fund hav ben at P�� s to This appF�a lion, a or s e shag a�tacit an
jP' or iilfnego(,,
id"to an frson fo �n�oienanq� or a�e �4in g ex aria ron
�►ooe e s a ep or etn po°,%ee o�Con ra en � ae cal" a °ol a Momiier o� re 1 Pcofine tiopts era (runt or pR�G ppEE yypRK �p�E
cso�Q�e�atlana�ar���of �he �r�r�ersl� S�CIr;"ui� o�'�eo�ob and �GRAN7EES OTHER TAN INDNIDUALS)
Audvdres, In accordance wdh Its In§truChons; y 9
Amsprertaluinrgdd b�( �hpeCpkuap�lFrr�eg WDrk�laaaneFACt ogt�a1n9t8e8e and
°eTineed ete28 CF'li part 67 Seciions �67.615' end �7.6ZUs. as
The ndQr ed s II r ui that the la u e f this cer-
icehoni� used inie av� rydo me is Fo� �psugawards a� A. Te ali t c�ebrtifies that it vntl or will continue to provide a
co Iere in u�ddereng - nis gras�unctrra ells uan�dr tP�af al� sus- 9 r�('ac
recl�Ients sha�ce I anti Disclose accorcrng�y, dru ree y
NNENNEW-MMMMWe
b+ishir a s�at��'mteat noli{v in��QQe ern toyees that nn the
use a corrcivo�eu� uti1, anae10ls plRthl nr a `np�h �ranteej
� n� ION, AND OTHER worlSp�ace �n s&eggf 1�e�acURt6 a wt �e a agams
tEei emp ogees or v1 a o o su pro 1 IIIon,
s re Uired b, ecuti Ord r 5 9 D barment rid
o�u �n1I n, rariLn�, Inj45 v�Ee 1 2e C� t Prt'67 rode i d
CFR ari 71 clong�7Tlo c lransa Ions, at ore�ine a
A. The applicant certifies that Rand its principals.
(a) Are no presgnt ,, ebarred, suspended, pr posed for debar-
ment dec�ared meU le, sentenced to a .enlal of Federal
benefits by a State or�ederal court or votuntan excluded from
covered transactions by any Federal department or agency,
mbrms1cm1pLoy&s .boon oing drug -free awareness program to
(1) The dangers of dnigs abuse in the workplace;
(2) The grantee's policy of maintaining a drug -free workptaoe;
3 An available dru c nseli rehabi6lation, and employee
zlslstaitce Programs;gan� �'
etf The tIalties that may.brfiim o ec� upon employees for drug
use v ions occurringg rn a Rio p a e;
(br Have oft w'th' a thr -ye ,,pp�rlod ecedin� I�is appl' lion c Mak ngnit a recat�ir merit tt�a�eac}t em0loaree to be en�ya�oed
revoctrt°mnaon� o�rau�a a c�ii�iI"n�aoense In conr�eol o�vvi�i r� Ire vY P a ra ggran a given e c py of the men
ostammg, aiem e 9 P �al;
p rig to o tarn, or per orming a
d Noti v�o the am e� in �he tatern nt ea red b
e a t (aa in t, as a c it ono empl�oymenf unc�erltile gran
OJP FORM 4061/6 (3-91) REPLACES OJP FORMS 406112, 40W3 AND 406114 MICH ARE OBSOLETE.
1
V
(1) Abide bjy the terms of the statement; and
�a erJo°a °fI a ca�ehe ��a�rein w
�e'a�i alter 108 con T the wo �ip°Pace° no
e NCti(yin the a : ec , in wrilin th lender da s after
y1rW rToUce t�lOetySUDaraapn. (a)� ►ton) ane Y I
ner 8q1 is race vi a rust notic b such co vi t� ,ne Check �f there are workplace on file that are not identified
tmpgo er8 �g viC r eeo�rt stperohgp_noeiced nC Ina ere
�,osdioi tdls���t cltt J e
We n 1 n sI ha �' dI 3s I c ua athe en ifimllori aIa�nma ale�Q iohea oalions D ov' s that andee l�atnum er�sgoleacha edgrant; �roaaIoma'hc�sit,� Qedhcemti`i o in, ac the eer?,0a aal
t
may eleo use°6JF FormP14a6I1�nc� a e wannde9tate egenaes
reAT%np one. of the, fonowiae acti ns, wdN 3Ax alend r
s qr ace vi� y oboeh p ((�d )
c to an em to ee w o is so convoielapapn wit Check r- if the Stale has elected to complete OJP Form
LA praking ap ro�r' to o net , a ion a �insc su�,�h n 406117.
requite°lmenVeo he J, 1,i1teaR�ne�c�lo� 3 astemended one pRUG E yyyyppRRK �p�E
PGRANtS WHO APRE INDIVIDUALS)
etfuseq Sr�y�anuch omPeQy�,el etPo rtic' a fesaasfaPo°ve iPorsuca As le elr dd b�( e 9
gnniRe ap�ropliaie agency ( oraooa� ea�h, Raw en orcement; UePne 7lP X lheC S� cleior5s r .es amid glOf $�efee's aes
NMaking a �1ood faith effort to continue to maintain a drug- free
rkplac through implementation of paragraphs (a), (b), (d), (d),
(e), and (�j.
t9 fOf tft�enqeer�orrn nce o worr Bone iRrconnecion wdhelie0
ecl Ic gra
Wei of Performance (Street address, city, country, state, zip
the u �a Pmanuf°f ure9�is�tfibu°tlpnydit �g�ll noopao in
Ole grant; aneontroe substance m con ii ion g�i4001, y Oh
B. If convincgd of a criminal dru offense resultingg� from a
violation occumnQ during the oonduc4 of any grant ach 'ty, will
report the convicTion in wrRing, yadhiR_10 calendar da�rs of! the
conviction, to: De ar(m r�11 off Justice, Nice of ustice Programs,
D.C. 2 Control �esk, 33 Indiana Avenue, W.1 Washington,
D.C. 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:
CITY OF LUBBOCK ON BEHALF OF THE LUBBOCK PD 1314 AVE K LUBBOCK, TX 79401
2. Application Number and/or Project Name
3. Grantee IRS/Vendor Number
LUBBOCK CITY MAYOR DANIEL M. POPE
4. Typed Nam74,gd Title of Authorized Representative
S. Signature
September 28, 2021
6. Date