HomeMy WebLinkAboutResolution - 2017-R0277 - US Department Of Justice - 08_10_2017Resolution No. 2017-R0277
Item No. 6.22
August 10, 2017
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 2018 State & Local Task Force 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 1 Oth day of August , 2017.
ATTEST:
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Reb ca Garza, City Secret
APPROVED AS TO CONTENT:
Greg S ns, ice hie
APPROVED AS TO FORM:
John J2�. Yraee.Assi,stant
17.doc
DANIEL M. POPE, MAYOR
Resolution No. 2017-RO277
2018 State & Local Task Force Agreement — Program Funded
Dallas Field Division
Lubbock Resident Office
Lubbock Police Department
This agreement is made this 1" day of October, 2017, 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 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, Texas, the parties hereto agree to the
following:
1. 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 the Lubbock Resident Office Task Force for a period of not
less than two years. During this period of assignment, the two (2) officers will be under the direct
supervision and control of DEA supervisory personnel assigned to the Task Force.
3. The two (2) 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 two (2) officers assigned to the Task Force shall be deputized as Task Force Officers of
DEA pursuant to 21 U.S.C. Section 878.
5. To accomplish the objectives of the Lubbock Resident Office Task Force, DEA will assign
Five (5) 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 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 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 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 1, (RUS) Federal employee (currently $18,042.00), per officer. 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 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, I-1 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
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: (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. 2018. 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 LPD dtirin�,, the term of this agreement.
2
For the Drug Enforcement Administration:
Date:
Clyde T. Shelley, Jr.
Special Agent in Charge
For the City of bock:
Date: August 10, 2017
Daniel M. Pope, Mayor
Attest: 'k
0'
Re cca Garza, City Seck tart'
Approved as to Content:
Gregory
regor S ns �•
Chief o oli
Resolution No. 2017-R0277
FY 2018 Asset Forfeiture Sharing Agreement
Lubbock Resident Office/Lubbock Police Department
The Federal, state and local members (the "Participants"), of the DEA Lubbock Resident Office,
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/Two (2) Task Force Officers assigned to the Task Force
Texas Department of Public Safety/Two (2) Task Force Officers assigned to the Task Force
Lubbock County Sheriff's Office/One (1) Task Force Officer
Brownfield Police Department/One (1) Task Force Officer
Levelland Police Department/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 formula:
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 of TFOs 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.
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.
This Sharing Agreement shall remain in force upon the addition or departure of law enforcement
agencies in the DEA Lubbock Resident Office Task Force. 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).
For the Drug Enforcement Administration:
Date:
Clyde E. Shelley, Jr.
Special Agent in Charge
For the City Lubbock:
d
Date: August 10, 2017
Daniel M. Pope, Mayor
Attest:
42VIV�&
41?S2
Rebe ca Garza, City Secretary
Approved as to Content:
Z2. 'dw "M —
Gregory St ns
Chief o Poli