HomeMy WebLinkAboutResolution - 2018-R0306 - 2019 State & Local Task Force Agreement - Program Funded DEA Task Force With DEA - 09/13/2018Resolution No. 20 I 8-R0306
Item No. 6.22
September 13, 20 18
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOC K:
THAT th e Mayor of the City or Lubbock is hereby authorized and directed to execute for
and on behalf of the City of Lubbock, th e 2019 State & Local Task Force Agreement -
Program Funded DEA Task Force between the United States Department of Justi ce Drug
E nforcement Administration (D EA) and the City of Lubbock on behal f of the Lubbock Police
Department concerning the City's participation in the DEA Task Force, and related documents,
to include a Certificate Regarding Lobbying; Debarment, Suspension and Other
Responsibility Matters; and Drug-Free Workplace Requirements and FY2019 Asset
Forfeiture Sharing Agreement. Said Agreement is attached hereto and in corporated in thi s
resolution as if fully set forth herein and shall be included in the minutes of the City Council.
Passed by the City Co un cil on September 13, 20 18
DANIEL M. POPE, Ml\ YOR
ATTEST:
APPROVED AS TO CONTENT:
APPROV ED AS TO FORM:
~ ~ · Resolution No. 2018-R0306
2019 State & Local Task Force Agreement -Program Funded
Dallas Field Division
Lubbock Resident Office
Lubbock Police Department
This agreement is made this 1st day of October, 2018, between the United States Department of
Justice, Drug Enforcement Administration (hereinafter "DEA"}, and the City of Lubbock on
behalf of 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 of21 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, Texas, the parties hereto agree to the
following:
I. The Lubbock Resident Office 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 Resident Office Task Force, the LPD
agrees to detail two (2) experienced officers to fhe Lubbock Resident Office Task Force for a
period of not less than two years. During this period of assignment, the LPD officers will be
under the direct supervision and control of DEA supervisory persoMel assigned to the Task
Force.
3. The LPD officers 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 LPD officers assigned to the Task Force shall be deputized as Task Force Officers of
DEA pursuant to 21 U.S.C. Section 878.
S. To accomplish the objectives of the Lubbock Resident Office Task Force, DEA will assign
five (5) Special Agents to the Task Force. DEA wiU 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 LPO 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.
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6. During the period of assignment to the Lubbock Resident Office Task Force, the LPD
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 LPD _for overtime payments made by it to the officers
assigned to the Lubbock Resident Office Task Force for overtime, up to a sum equivalent to 25
percent of the salary of a GS-12, step I, (RUS) Federal employee (currently $18,343.75), per
officer. Note: Task Force Offlcer's overtime "shalt not include any costs/or benefits, suc/1 as
retirement, FICA, and other 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 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 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, H and 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 I
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 to the LPD 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
LPD shall clearly state: (I) 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, 2019. 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 oftennination of this agreement. DEA 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 ccmpllance with certification requirements under 28 CFR Part 69, "New
Restrictions on Lobbying" and 28 CFR Part 67, "Govemment-wlde 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. LOBBYING
~ =~ .. ~ lfr~ ~1N&i TJ!!e 31 o~J~e 1u~. 1~~e·-!."-~ tv:N,~ip,~"~Rlfe~'\hff68.8af. as ~eYnlf ai 21 'el!'it
~ No Federalf~lPrlate funis ave bee5ald QT wjll be pqid, b ottr on butaha e ui'lders1c • to any rson ror 1ntruenca~ .a !£ ng to uence an 1cer or elfl yee ~r ny,en , a Mem r en cptn~as an o c_er or em11 D)'l!& or l'lt "· r an s.m~ovee o a lamber o congress ·11'1 in on th tlie makln1 tiVor any e~rar gran.t me ante ~ o o ait coope e a11ream an e.1Uens1on, c;on 11 a n, rane , amen1 ment. 01 mod tlOn of any Federal gran or cooperat agreement;
ft'fi~IWl'f&ftl'ON, AND OTHl!R
ARai;!l~~an\YJmiflii~~ll,Yl~~r c~j5~R· 8~,BPgr!a'JJe..IDg Bf!1{'1t'/N~~'S&YISn17f.f8! ucsnsa .. uons, 811 ae tnea aT"2is
A. The applicant certifies that It and Its principals:
l!1rft'8J1~/~~!X..ql~~Fn'te":: ng,edaP"Sg~ otorF~~%i 1>8nefilS gy a'Siale Wee1era1 or volu11tailly exCIU'ded Tr'om covered uanaactlons by any eaeral departmeri"l or agency;
lu~lic (Federal State ar local) tra~1ctlon or 11[ under a l e trans:;o'!j.1 iJ101at1on1 of -ea~e11 i a alllitrust 11es or 111 ss on or em e amen e roraerv rv,,. fa1al ca on 1 or ifestrucuon11o reco s, m Ing TalS'e s manta, or rece1v ng sro1en prope y;
r~Rfll~~if/0Tfli'WfA'tf'fFIC1v1DUALS)
fePi~~a~ ~~e~ff11~l'~1;~(.~~~lgf2f~.agg
~tug'&aiJlMBf1~es that 1t Wiii or wiu conhnisy to proVKle a
L'1il.J81'9»i'CS. ·ra'=tu stat1mai'iluti80tl'!\W, rrrl.oms l~I th' =~l=s~~)Ji~~jRJ\c!~flki~ Ear:a1~:,
f.\>~0ffl¥\fN/~,g~8a£b80t'jOlng drug-tree awareness program to
(1) The dangers of drugs abuse in the wort<place;
(2) The grantee's policy of maintaining a drug.free workplace;
~~8&'f}Jql\rftL':'%nTunse11ng, rehabt11ta110n, ana employee
'11u~t6fd\IJlil'ol!WrR1'Vihi~~a~n employees for drug
tel M!JStisJt a raaulrm!1ent that each emDlovee ta. be enaaaed In J~tJ..¥M"6y'~~fgggrpn.~a'-ranrDe given a copy or lne statement
(~l No~h}!Ja ,Lhe emDlovee. In Jhe .. 11tatement raauired by \tl~'froy~J ~ft!• as if cona1ti0n orempioyment unaer-ine grant,
OJP FORM 406118 (3.91) REPLACES OJP FORMS 408112, 408213 AND 4081/4 WHICH ARE OBSOLETE.
(1) Abide by the terms of the statement: and
r.2g ~olify "he emiRoyer in wru· ino of his .or tierhconviction for a 1 la on o a en al drug st ure oect1mno 1n t e workplace no a er nan 1ve ca endar days a er sucn coniT1ct1on;
Cel Nau~·lrathe aoencv, in writln~. with~'n ~~calendar days1after tete1vin lice llllder suofcara aP.h. d) ITOm an~ o~e r tn s rece v1 a tua nouc uch . coov1 t1 n. gb"s%i~e%PEF ~v1 g2 o ~e~~~s~Yirov1cf5fflo11ce61n5Yu n3 ~8Sl:~rillf6n~T~~h: ~g§V,Jido o Fcf:~ s~a~I i~~d1e8t~fJ1Jhilfil!t on numoer(s) o eac i/J~cte gran :
m Tak.lno one. of the . followioo actions. within 3(9.)(Ci!lendar (!l!ys of -receiving notice. under suooaragrapll v 21. w11n respect to any employee wno 1s so conVlCted-
(1 l Taking aP,~roo3i te ~ffrsonnel a~ion aoainst such an &mo!ovee. uo har 1ncl1 1110 terrnine Qll3cons1stentdwlth the requirements o e enao11 anon Act or '::J7 • as amen ea: or
121 Requirioo such emol~ee..lo Pcartlcioate satisfactori~ in a dru~ lll:!use assistance pr re 101l11 at on orooram aoorove ror sue ourogses by a t:ederalJ. a e, or 1oca1 Tleanh, ·1aw en orcemen , or ot er appropnate ag,,,ncy;
(gl Maki~ p good faith effort to cont/'nue to maintain a drug-free vi6rkPla through mplementation o paragraphs (a), (b), (C), (d), (e), t:lnd ( .
~~ fThet.orantee may insert In the soace .grovided below the site s or ire oenormance of work aone 1 connection with the eci11c grant:
~'lfe} of Performance (Street address. city, country, state, zip
DEA/Lubbock Resident Office
52 14 68th Street, Suite 401
Lubbock, Texas 79424
Check r if there are wori<place on file that are not identified nere.
Section 67m630 of the r~ulations prov1·desithat a arantee /hat is a state ma elef:I to ma e one cen111caflon n.eacn-FhEedera fiscal ea A co rti en s o Id e incJU d w11n e a 111ca11on ror beP.art ~n~ JYih~st1ce ¥usJlna.. ~ a,es and gVate Pfgenc1es may elect o use t>1f-' Form 4 'G'1n.
Check r if the State has elected to complete OJP Form 4061n.
B. If convlnci;d of 11 criminal drug offense resulting from a violation occurnng during the conduct or any grant activity, I will
report the con~·cuon, In wri}ino. 'tYithio 10 calendar dID'S o the CQ!l_vict1011, to: ePartment o Just1ce1o. Office of Justice P"rograms, ATTN: Centro Desk, 633 Indiana MVenue, 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 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 Tiiie of Authorized Representative
Gregory W. Stevens, Chief
5. Signature 6. Date
FY 2019 Asset Forfeiture Sharing Agreement
Lubbock Resident Office/Lubbock Police Department
The Federal, state and local members (the "Participants"), of the DEA Lubbock Resident Office (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 Department/Two (2) Task Force Officers
Texas Department of Public Safetyffwo (2) Task Force Officers
Brownfield Police Department/One {l) Task Force Officer
Levelland Police Department/One (1) Task Force Officer
Lubbock County Sheriffs 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 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.
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.
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