HomeMy WebLinkAboutResolution - 2021-R0385 - SURGE-Asset Forfeiture Sharing Agreement with US DOJ & DEA 9.28.21Resolution No. 2021-R0385
Item No. 7.27
September 28, 2021
RESOLUTION
(FY2022 - HIDTA Surge Program 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 — SURGE - Asset Forfeiture Sharing
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 2021.
ATTEST:
OAIV_t�
eb cca Garza, City Secr ar
AP RO - D AS 7
Floyd 91itchell, Police Chief
APPROV
E 2022 doc
DANIEL M. POPE, MAYOR
Resolution No. 2021-R0385
2022 SURGE PROGRAM -FUNDED STATE AND LOCAL
TASK FORCE AGREEMENT
DALLAS FIELD DIVISION
TASK FORCE GROUP (LUBBOCK) (LUBBOCK)
LUBBOCK POLICE DEPARTMENT
This agreement is made this I' 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# TX 1520200 (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 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 Task Force Group (Lubbock), the Lubbock PD agrees
to detail one (1) experienced officerto the Task Force Group (Lubbock) for a period of
not less than two years. During this period of assignment, the Lubbock PD officer will be
under the direct supervision and control of DEA supervisory personnel assigned to the
Task Force.
3. The Lubbock PD officer assigned to the Task Force 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 Lubbock PD officer assigned to the Task Force shall be deputized as a Task Force
Officer of DEA pursuant to 21 U.S.C. Section 878.
5. To accomplish the objectives of the Task Force Group (Lubbock), DEA will assign four
(4)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 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 Task Force, 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. DEA will, subject to
availability of funds, reimburse the Lubbock PD 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
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 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 to the Lubbock PD 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 in part with Federal
money, the Lubbock PD 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, 2022. 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 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 C' y o Lubbock:
Daniel Pope
Mayor
City of Lubbock
Attest:
Re� cceb cca Garza
City Secretary
City of Lubbock
Approved as to Content:
loyd itchell
Chief of Police
Lubbock Police Department
Date:
_ Date: September 28, 2021
ORIa0za
Date: September 28, 2021
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Date: �'O�
M1, 31 �a�
Date: ':� - 3 20 z
F'Y 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 maybe 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).
Edua A. Chavez
Special Agent in Charge
Dallas Field Division
Daniel Pope
Mayor
City of Lubbock
Attest:
R-4---
e ca Garza
City ecretary
City of Lubbock
Date: September 28, 2021
07/;Z e/.)-O -)L- I
Date: September 28, 2021
Approved as to Content:
Floy4M=efl�--
Chief of Police
Lubbock Police Department
Approved as to Form:
John C G
Assi i tto
Ci k
Date: g /,3- 4
Dater— ey ' v
U.S. DEPARTMENT OF JUSTICE
j 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 fbr compliance with certification requirements under28 CFR Part 69, "New
Restrictions on Lobbying" and 28 CFR Part 67, "Govemment-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 tc (Federal State local) ba dio or tr ct undde�ra
Ps uired b edt�n 3 Tile 31 of ther�tU,S. C de aAn,,� h tr(a�nsadion Jio�abon of ��eezdze�a� or°�aF ig, nrst
mpfeertier>d ayt cFR �a69 1*�t�rnas del ne a°2tsF(t sea e`�nto e�ce vir�°grsCo p ope °� record s. making rTad
9arA bWnt app enl ceriifiesirh t: rty
(a) No Fed ra a propriate fupds have been aid o D Are r 7t presently ind t d for or th rwi stcariminal�v or ci I
bY or on benepa�f o� 1he orders red, to an pepison r mmllf nck�' Aqm e g a ave o eao a tit s(�eneurner�Ced t�rS p°ar gfe�h � )
eyrNal�tem r 7 tCQCinflfuBence an 4keer or er�i Ica oyes ��Canysesnc to) ofv rliicaiYon;and
an ern 5�e Col aMsembgr o Con°g�esssiinn opnnedion°n9w,�h'the
cnaaokpie elect any Federal rant Rinse en
Cter[�g[tto of an d Have not within a ghee -ear rind a edi 1hi a Ika,,o
erne ment,aogr�momdreficationeof any Federal gram iaor°cooperatwiv¢le ��d'Oni er more �ubG��r�r��aipnsederanlg5tae,p8r loca�
agreement; ermine a for cans or eau ; an
B Whe a the a plic is•una6le to certify to an f the
slat menIs in this r� 1capon, he or she sAll anhe% on
(lb , or ,(u ds oft than Federal r reeled fu ha beln expFanaegon to this appFca ion.
or�nll�e id�to an 7 rson fo�Fn iancm or a ) k q
uencereg ar, cer or � oo ee o�Co re e o e a o�re� °o
re s, a cer or e fi
a mear o on re bon t ��, s a �e_ nor pRUa pREE yypRKp�p�E
u��ertabanarol �he rtersi� slossu�e ol'o6byingGRAMEEs OTHER THAN INDNIDUALS}
rvdies, n accordance with its n§tructrons; As re ui edd b eCp Fre W rk�la pCt of 1n9t88, and
The ndkr e� s " a�ppliffmgl?E i the u e f this car- CF, al�ze PF �� lio ufl6 5 end "I S!, as
r Gon a in a d� lVsugawards aT a6 t dies that it vrtll or will continue to provide a
a leermc�u�n s gs raan
i tlArugTPe&rV#ac% r
dents shawcer�"a�n8 Olaclossee BCc!&Drrai gly an a a su -
a P atu a slat met note to e o ees that the
gpE��gg to 9p maw4f a a ist bution, �i n n qq QQasessro 9r
� RSION, AND OTHER wo" ace °n s if n�st act er �wiUrf fa�Ce� age Ij
} empoyeeslor,,.ka o o su prohibition,
s r aired b, EExxeculve d Orrdd r 55449, pD barment nd
l lraL�,,rmglr mc5 ell' trasnsa� ns 6aT$l8e e�ao��
a 7, S€clM 7. 1
R s1jA1VgWgt8ufgoing drug -free awareness program to
(1) The dangers of drugs abuse in the workplace;
A. The applicant certifies that Rand its principals. (2) The grantee's policy of maintaining a drug -free workplace:
(�3� AFav ila dru c nseling, rehabilitation, and employee
( Atredn�o6preegntj Itebarred, sus�nded, carpposed for debar- sus oe�ro fir ms;gana
benefits by arta�e orF�era cro�� or voluntarQe ebcludedpefrre<n
covered transactions by any Federal dep eM or agency, We vlaPong o h�autmmtaylieo�epc�a�on employees for drug
b Have t a thr - e nod ecedin t 's appl Bon OrbMakirlt as reeceyr�me nt tgateearJi emjIS� yee to be en�leed it
en conV�°cle olr htea yCnr�.srendeee�a�a �� req it °y paragrap 9 coPY of the men
oar Qotrurtrs ono re r a cn m nse m con ecbon
tainsrg, a%mp ng to o�itarn, or performing a
i) a 0�jj _j. emplo�e�tion ot'em tatemint�ac}�red grab
{ w,� as a c r pFoymen u r e gran
OJP FORM 406116 (3-91) REPLACES OJP FORMS 406112. 4003 AND 406114 WHICH ARE OBSOLETE.
n
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(1) Abide bjy the terns of the statement; and
�a I rJan°five caihe �a�rec{rris� st u sOguro �ion;�°"�0 o�aceo no
jet WONutgg the aTated
in writin ,can a ctalendar d s after ��`
rlerrrloGce� b�raa -1 )( roc an e I i
e er rs rea ua notic o uc co vi 1� pe Check f• hem re are workplace on file that are not identified
Rol 0�rer� 7c Qn�o e(eo�n stp^ vic t�oeiced nC inWa n 1n D.Ce�k' gg la a%� uuee• Sept' n 67, 630 f the ul '�(,� Oce stew l rnc�ua'e the rcrentrficala►i aata�pcele to, a os� o�er�t<ia onw �aeFi eaeeIV Iisc
m-6er�s�oTeacgrant; rh P 40
may elcd to use v Form u61'll: Mate ogenoes
Tak,n one of the folbwi actions wiled 3Ax alend r
rerpect to any em�loye°e w�o is sorconvi lerrmp� `(Od �)' Check r if the Slate has elected to complete OJP Form
4os1n.
1 eking ap ro r to net , a ion air su n E yypRK �p�E
req °�me ntoo e� einarbiG'ia"'tlb?e%. 0?1*3, aass am nd ;; or�1e PRAMPS U APRE INDIVIDUALS)
Requirio such
dem I eo arGcte satisfactori i a dru Asnlre uiredd b�( a
gru�lReeap�rop ateeaganc�ya{eao�r�osaf�iea�heRiiwen1orcemeni; Tine�a�t�Bt:Ff er Sect�ro7�s r.i�5a ��8� fee'sees
( Making a Mood faith effort to continue to maint in a d tree the un a, manu f ureg�is�t�itiu°tgpn�di�t ns�l noo�age [�n
rkpla �g through implemenlalfon of paragraphs 1a}, (b), (j (d) �r usg� off a �onl sdbstance m wnigon d�i�acGvl�y Oh
(e , and t) a gran ; an
re rante� mac inser� in a pace rovided i etow the tee B. If con d of a criminal dru o�tense resultin fro
s e e orm nce o wo one iR connec on w�h ce 99 a cr gra violation occuff npp during the condyc� o an rant acGvit , VJ
rrqe��pr�oovvA� {he convicTion mer�twrR' yvrth�n 1.0 �a�ealt d�ysyot the
co 1 of Performance (Street address, city, country, state, zip AT7N on, to:
a �esrk(m633°Tlyd Xana Avven/f ue° lice rograms,
D.C.20531.•. Washington,
As the duty 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 Name rf 1� Title of Authorized Representative
5. Signature
September 28, 2021
G. Date