HomeMy WebLinkAboutResolution - 2018-R0305 - 2019 State And Local Task Force Agreement With Department Of Justice (DOJ) - 09/13/2018Resolution No. 20 18-R0305
Item No. 6.21
September 13 , 20 1 8
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT th e Mayor of the City of Lu bbock is hereby authorized and directed to execute for
and on behalf of the City of Lubbock, the 201 9 State & Local Task Force Agreement -
HIDT A between the United States Department of Justice (DOJ) and the City of Lubbock on
behalf' of Lhe Lubbock Police Department concerning the City's participation in the High
Intensity Drug Trafficking Ar ea program (HIDT A), and related documents, to include a
Certificate Regarding Lobbying; Debarment, Suspension and Other Responsibility
Matters; and Drug-Free Workplace Requirements and FY2019 Asset Forfeiture Sharin g
Agreement. Said Agreement is attached hereto and incorporated in this resolution as if fully set
forth herein and shall be included in the minutes of the City Council.
Passed by the City Council on --September-8:-ZOf-l-l-*S----
DANIEL M. POPE, MAYOR
ATTEST:
APPROVED AS TO CONTENT:
G~~licc ~~<s
APPROVED AS TO FORM:
S:\cnyatt\CCDOCS\RES. I l IDTJ\.2019.doc
-.. Resolution No. 2018-R0305
2019 State & Local Task Force Agreement-HIDTA
Dallas Field Division
Lubbock HIDTA Task Force Group
Lubbock Police Department
This agreement is made this 111 day of October, 2018, between the United States Department of
Justice, Drug Enforcement Administration (hereinafter "DEA"), and the Lubbock Police
Department (hereinafter "LPD"). 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 Lubbock HIDTA Task Force 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 Lubbock HIDTA Task Force, the LPD agrees to detail
three (3) experienced officer(s) to the Lubbock HIDTA Task Force for a period of not less than
two years. Duripg this period of assignment, the LPD officers will be under the direct
supervision and control of DEA supervisory persortnel assigned to the task force.
3. The LPD 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 LPD 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 Lubbock HIDTA Task Force, DEA will assign two (2)
Special Agents to the task force. HIDT A 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 LPD 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 Lubbock HIDT A Task Force, the LPD will remain
responsible for establishing the salaries and benefits, including overtime, of the LPD officers
assigned to the task force and for. making all payments due them. HIDT A will, subject to
availability of funds, reimburse the LPD for overtime payments made by it to the LPD officers
assigned to the Lubbock HIDT A Task Force for overtime, up to a sum equivalent to 25 percent
of the salary ofa GS-12, Step I (RUS) federal employee, currently $18,343.75, per officer.
Note: Task Force Officer's overtime "Sl1all not include any costs/or benefits, suc/1 as
retirement, FICA, and ot/1er expenses.,,
7. In no event will the LPD charge any indirect cost rate to DEA for the administration or
implementation of this agreement.
8. The LPD shall maintain on a current basis complete and accurate records and accounts of all
obligations and expenditures of funds under this agreement in ac_cordance with generally
accepted accounting principles and instructions provided by DEA to facilitate on-site inspection
and auditing of such records and accounts.
9. The LPD 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 LPD 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 LPD 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, Hand I.
11. The LPD 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 LPD acknowledges that
this agreement will not take effect and no federal funds will be awarded until the completed
certification is received.
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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 LPD
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. The term of this agreement shall be effective from the date in paragraph number one until
September 30, 2019. 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 LPD during the term of this agreement.
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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, AGovemment-wide Department and Suspension (Nonprocurement) and
Govemment·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.
W No F~eralfD>Priate funds have beeiald or wn1• 111be Dqld, b or on ehal1 e unuersl~d, to any on for n uel'lc1~
a pJ~er I ~ong , an O Q.&r or emA oy~e o? o~ ~!. r an unDIO Of a mb r 0 con ress ·1 nn on Nrthttie
n uence an cer or eth o ee in a en • ma~ill·~l"'any ~raf gra11.~ mt! en~ec:p~g 11 0 9g anx cooge u .. e agreement, ana _,e03100, c:onUirua on, rene~1. amen ant, o"t mOCllHcatlon of any Federal grant or cooperative agreement;
~~ anv funds other than Federal~DroDriated fund~av .been or Wilfbtnl to a5rson lnflUenCfrli~r a iiti lm uenceano ror e an a a e ro anaressL an cer or em ~lf.X!'te on '-o n e ovff a Mamne, or on re 1n C6fin'e o ID eaera rant o ~aea.?1'~' 1aT.7'rm1he. i'l'-rare.qW,l.1 cow~ J18b an~ ~'t:IWMes, 'lhc:!oidan&. with its rn•truC113Rs~8ure 0 0 ying
A. The applicant celtiftes that It and Its princ!pals:
m1> Are not ~resenuv: 4.ebarred, suspended, p~goaed tr debar-ent~dedarad lnen!l!..llle, aentenceu to a &nlal o Federal ene t!Y a sta~e orreueral court, or volunta 11v exclu ed rrom covere uanaact1ons l>y any Fecferal uepanment or agency:
(Federal State or lac.al) lral1actior or ,r under a lransacti~on· 1 \1101atlon:f or -ep;e ~ a antitrust s or .co ss on a em e amen a rorae.rv
L fa1slt1ca on 1 or '1estruct1on rt reco a, ma Ing Ta1s'e tints, or rece1v ng aro1en prope y;
ldJjgx• not~~:-aumft"t.xear ge1ft meere9.\~9 SW.,8apgl1'13l!iB le°rminafecf~or causR or ~eta'u~f:\ruf \l"e • '
JhethaDpli~s. unable to certify_J211 anv: of the
trnth 1s ce u1on, lie or sne ... ... anacn an o 1s appnca ion.
( 1) The dangers of drugs abuse in the workplace;
(2) The grantee's policy of maintaining a drug-free workplace;
~IL'hil'Wl88~'d!L':1.fifunse11ng, rehab1t1tauon. and employee
t1:1ulb\16fd\¥Jl\ISo!WrID.W1~1ttR.a'S?n employees for drug
le> Ma~a It a reaul~ment that each em1>lovee ta. be enaaaed In tn& De nnance oT Q grann1e given a copy or lne annament require y paragrap \BJ;
mn No~fl~U 1the em1>loveeit1_in Jhe _Jtatement reaulred by ifraara hitt. as a ccmar iun or emp1oymen1 unaenne gram, eem oy will-
OJP FORM 406116 (3-91) REPlACES OJP FORMS 408112, 4082/3 AND 4061/4 WHICH ARE OBSOLETE.
( 1) Abide by the terms of th e statement: and
~2~1 ~plify /ihe e~1oyer in w.fl\' IM of his ,or herhconviction for a 1 a on o a en 1ne dr.ug st um occurnnQ in t e won<place no a er nan 1ve ca endar days a er sucn con'1ict1on;
~~!e~gtit.YiWbt\h~ aJh9J1ecl·s~ wri~kn,aa ~hlail.R Cfrbend:r, i~~18ftJ!J
ar o.YH:MW1se receiina al?ruar n~t1c~ ~i.;,.uIDi . con'vYCt1i. tb"!itl%~e%fE'. n.v1 g e ro ~eir~s~wov115tflo11ce61n51u 1n
o am A : o sk ~ Yn la a ~e u 'if. . ~a9l1n11ron,~~~ g8r1fid o,1ce s~ai1 in~u~e the 1H'en,lficat1on nunillerrs) 0 ea .... a eae granf;-
m TakinQ one . of the . followinQ actions. within 3('1)(Cillendar ~avs of -recervmg notice under suooaragrapn u LJ, witn respect to any employee wno 1s so convicted·
111 Taking aP,~roo~i le l~ftrsonnel 1 action aaainst suchh an eme1(oyee, UP Sr 1nc11 1na term nallQ/l COTISIStent Wit tile req 1rements o he ehab11 am>n Act ot 1973, as amended; or
121 Reauirioa such emol¥\ee.,lo oarticioate satisfactori~ in a d~ al1use 'assistance or te 101111 allon ofooram aoorove tor su ourooses oy a t;ederat... a e. or lotal lleanh, ·1aw en orcemen • or omer appropnate ag .. ncy;
(g) Making a good faith effort to continue to maint~in a drug· free ytQr1<pla~ lhri>ugh implementation 01 paragraphs \a), (b), (e), (d), 1e1. ~nd (tJ.
~~. f:rhe .arantee mav Insert In the sgace 1orovlded below the 1site s ar ore oertormance of won< Cl ne h connec!lon with tne ecu1c grant:
t'l,~ of Perfonnance (Street address, city, country, state, zip
DEA/Lubbock Resident Of f i ce
5214 68th Street, Sui te 401
Lubbock, Texas 79 424
Check r if there are workplace on file that are not identified here.
Section 67 630 of the ~1rnu1ations orov~I es.that a ruantee Jhat is aewat~~a elef:t~·b'Ra.5)\!oord'lince7h')?u oa !.C1(hag~egern1J.'Fo~ Yor be.ca ~n~ o "l.ust1ce ~'·a 1nQ. ~ aies and §rale PfgenCJes may ere o use Jp Form':! 111.
Check r if the State has elected to complete OJP Form
406117.
PcfRuA~~~~~ ~~~~rMl'ilc1v1ouALs1
As re_guired ~ J,t},e ,pg.ia..-Free. W8~1ace Act of 1988. and lrePi~eC:lea112~ ~l=R'Pfa 67!'~~t?cins -S'r.Bf g Ind 1&$ .82~~tees. as
A. As a~rdition .of~ e grant . I certify that I will not enqaae in lhe unla manu1.a reilbd1sti'ibut1on, disciens1no. possessionh or use Q a contro11e s stance m cona111on any act1v1ty w11 tne grant: and
B. If convin~d of ~ cri(Tlinal drug offense resulting Iron a violation occurnng during tri!l conduCl of pny~rant actiYity, will report lhe convicllon, m wntu1g, withi8 1 o ~ endar days o the GQDYlciton, to: Department of JOsllce ffice o Justice P"rograms, ATIN: Control Desk, 633 Indiana Avenue, N.W., Washington, O.C. 20531.
As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above certificat.ions.
1. Grantee Name and Address:
City of Lubbock on behalf of t he Lubbock Po l i ce Department
916 Texas Ave.
Lubbock, Texas 79403
2. Application Number and/or Project Name
4. Typed Name and Title of Authorized Representative
Daniel M. Pope, Mayor
s. sgc: &
3. Grantee lRSNendor Number
6. Date
09/13/201 8
FY 2019 Asset Forfeiture Sharing Agreement
Lubbock HIDT A Task Force/Lubbock Police Department
The Federal, state and local members (the "Participants"}, of the DEA Lubbock HIDTA Task Force
(the "Task Force"), hereby agree to the following tenns 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 ("DOJH) Equitable Sharing Program:
The following are the Task Force Participants and their contribution to the Task Force:
Lubbock Police Departmentffhree (3) Task Force Officers
Texas Department of Public Safety/One (I) Task Force Officer
Lubbock County Sheriffs Office/Four (4) Task Force Officers
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 award in a case if victims
have not been fully compensated. State, local or federal government entities can be considered
victims.
Sharing percentages shall be based upon the following fonnula:
Agencies with one or more full time deputized TFOs assigned to the Task Force will receive a pro rata
share of the maximum amount available for sharing, based on the number ofTFOs assigned as of the
date of the seizure.
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 party or recently added to
this Sharing Agreement who have also participated quantitatively or qualitatively in the asset seizure.
Sharing is not automatically 80 percent. The actual amount to be shared among the participating
agencies may be impacted by numerous factors.
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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 DEA
(DOJ) receives a minimum of 20%.
Participants further understand that the federal decision-makers on each equitable sharing request
retain discretion to modify percentages as deemed appropriate based on the facts and circumstances in
each case.
The addition and/or departure of Participant agencies and personnel shall not require renewal of this
Sharing Agreement. Rather, the sharing percentages shall continue to reflect the pro rata contributions
of any and all agencies which participated in a seizure pursuant to this Sharing Agreement.
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