HomeMy WebLinkAboutResolution - 2017-R0482 - United States Department Of Justice And United States Drug Enforcement Admin - 12_18_2017Resolution No. 2017-RO482
Item No. 6.21
December 18, 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 High Intensity Drug Trafficking Area (HIDTA)
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 18th day of December , 2017.
DANIEL M. POPE, MAYOR
ATTEST:
Garza, City
APPROVED AS TO CO
Gre W. tevens, Police Chief
APPROVED AS TQ FORM:
John Cistan#��Yfy Attorney
f,
SAcityatt\CCDOCS\RES. LPD-MOU-HIDTA.2018.doc
Resolution No. 2017-RO482
2018 State & Local Task Force Agreement - HIDTA
Dallas Field Division
Lubbock HIDTA Task Force Group
Lubbock Police Department
This agreement is made this December 18th, 2017 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:
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. During this period of assignment, the LPD officers will be under the direct
supervision and control of DEA supervisory personnel 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. HIDTA will also, subject to the availability of annually
appropriated funds or any continuing resolution thereof, provide necessary finds 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 HIDTA 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. HIDTA will, subject to
availability of funds, reimburse the LPD for overtime payments made by it to the LPD officers
assigned to the Lubbock HIDTA 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 S 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 pen -nit 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, Debannent, 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.
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 LPD understands and agrees that H[DTA will provide the Lubbock HIDTA Task Force
Officers with vehicles suitable for surveillance. HIDTA through DEA will furnish mobile radios
for installation in the HIDTA Task Force vehicles and HIDTA will assume the cost of
installation and removal. HIDTA will be financially responsible for the purchase of fuel for the
leased vehicles and for providing routine maintenance, i.e., oil changes, lubes and minor tune-
ups via the HIDTA lease contractor. DEA and HIDTA procedures for reporting and
investigating automobile accidents involving Official Government Vehicles (OGV'S)-HIDTA
lease vehicles shall apply to accidents involving the leased vehicles furnished to the LPD
personnel, in addition to whatever accident reporting requirements the LPD may have.
14. While on duty and acting on task force business, the LPD officers assigned to the HIDTA
task force 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
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, 2018. This agreement maybe 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.
For the Drug Enforcement Administration:
Date:
yde he ey, Jr.
Special Agent in Charge
For the City of Luhbock:
Date: December 18, 2017
Daniel M. Pope, Mayor
Attest:
e cca Garza, City Secret y
Approved as to Content:
G ory ' tevens
Chief of Police
Approved as to Form:
John C. a , fstant y Attorney
J LPD - Interlocals with Feds-OEA HIDTA HIDTA Agreement for Lubbock Police Department (CoL Edit).doc
,k:
U.S. DEPARTMENT OF JUSTICE
h f 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, "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 fact upon reliance will be placed when the Department of Justice determines to award the
covered transaction, grant, or cooperative agreement.
1. LOBBYING
As
impeDDDpuir[[ d b agrecCet�moRre 1Ig TttllleD3e1Sof there UU..,S. ,Co
Kart 69, that applrbaee cart fe hat1Uu'UUO nas tleTlneT1 at 22ttiFK
(a) No Federal appropriate funds have been paid or will be paid,
by or on behalf of the undersigned, to any person for influencing
or attemptingg to influence an officer or employee of any agency,
a Member of Congress, an officer or employee of Congress, or
an employee of a Member of Congress in connection with the
making ,of any Federal grant the entering into of any
cooperative agreement, and extension, continuation, renewal,
amendment, or mod cation of any Federal grant or cooperative
agreement;
b .If an {{unds other than Federal a r riated funds have been
id or will be id to any ple?OyCa5on fo Qnffiencin or attemptin t
n uence an o cer or em a en� a MerhbeTgress aq dicer or ern ee ot�ho , orYarempl%eeof
a �mber o on ress in cn, liond t.is Fe era i nt or
co�ppperati are etrre� t, the 1ersi e s all co p e e and
c6vitie Ta ad ro danocer with i`ttsain§tructionsosure omf obbyrng
The nderddsi nedd sh II re wire that the la u e f this cer-
c tt r t ricludiv�ee �tlen R d�s, riltr ents Cis #bncra�tr�gta� ids sat
recipients shat�certrfy and �isclose acoor�rngty. d
h�Ma$W llCili AND OTHER
As reaUired b� Executive Or r F759, 7 barment nd
S�usc na�n,ian rimpalementteddattransactrons,6aStge>Pne
EFR art 7,��ciion .g e-
A. The applicant certifies that it and its principals:
(a) Are not presentlyY, debarred, suspended, proposed for debar-
ment declared ineli rble, sentenced to a denial of Federal
benefits by a State or
�ederal court, or voluntarily excluded from
covered transactions by any Federal department or agency;
b Have no w thin a thr e-yea period precedin t is afflict
lion
Tarts n misjon p i7r ioa gt qn rihdin qnor pe 9 ain�c�nr�ecsonwi
gliiIc (Federal .State r local) tra sactio or oo tract under
jirf transaction;, vloolation of �ede a� or 'tat2ntitrust
u es o commission of embez �ement, he for e)ry,
err fa[sificatioo,or destruction o. records, ma'ing �ase
sae ants, or receiving stolen property;
Are not present) indict d for or th rwise criminal)I or civil)
ar ed by a overt ntae( ntd (�e�eral, St te, or I�c r, lvk y
�gm,�s Sion of9ar�y off tie ofteens�s enumerate in paragraph 1)
b o thiscertrficaIon;and
d ave not within a tthhreet-� ear period Rre eding this ap li atiop
erminalegfomoausgublydcef �a anigns e�eral, State, grc(oca
B. Where the a plic n�tt is.unable to c rtify to an f the
stateme is rn thisp rt�.catron, he or s�ie shall an an
explana{ion to this application.
ORANTEES-0 THAN INDIVIDUALS)) As re�wireddd b eC��u Freg7Wg bplar�F, n#or qf �1r9ft�8g8Q's, as
�e need att 28 a Part � Sections ffrll 5 and 9P.61U-
drugThee rvgli tcceetrt�ies that it will or will continue to provide a
(a P b ishiw a stat meet noti{vin ern Nees that the
u lawUiu marTufactufe egis nbutiop, il�srg7 rlsir�gp P ssession, qr
use of a control) u 'pubs ante Is Y�ii�iteC( "n the prantge S
woMace nd s egif m tt act sE ha will �e a e against
employees or Aatro�i o�suceh proRibition;
tb? Establithin ar�on-going drug -free awareness program to
n orm emp oy s a out-
(1) The dangers of drugs abuse in the workplace;
(2) The grantee's policy of maintaining a drug -free workplace;
OAPAavailable dru c unseling, rehabilitation, and employee
sis ce programs;ganc�
8K The � gnities that ma b%impwo!ed ucpon employees for drug
use v a ions occurrindin e o p a e;
c) Mag it a requirement tgat each emglo6ee to yhe s teee t
he peg ante 01 gran be given 9 c py of >�a
required
{{��y paragrap e(a ;
thee aRhl �� th t, as apcoondrtion of<emp�Otytnent utn�ergt� e grannttt,
p y
OJP FORM 4061/6 (3-91) REPLACES OJP FORMS 4061/2, 4062J3 AND 4061/4 WHICH ARE OBSOLETE,
(1) Abide by the terms of the statement; and DEA/Lubbock Resident Office
vslatotn o ha cr nsaddw sa ute occuisriu ip the woctkpiace no 5214 68th Street, Suite 401
later gran ive calen ar agys a er such con7action; Lubbock, Texas 7 9424
(e) Nq n the agency, in wntin with 0 c lendar days after
ecervrn once n e sub ara bph, ia)�2� rorra an a pig ee Check f there are workplace on file that are not identified
�r oth is � reee vine a(tua notice o dsuc cor)vi�ti n. r here.
mplo erg o con ci m o ees st rovi otice, n u In
ositio�i titl tt e a nt o ' s is �fr1 a of
nptro esk, g In is a �ve ue,.W S cti n 67, 630 f the r ulations p ov des.that a ntee that i
Was��iin ' n �.0 2 a�31. otice shad inc�uc�e the 11 tfication aPSta�e ma ele �torp a o o e cerelf, in. achgF�eder J fi cal
numberjgsof each of ected grant; yea A coiye o h'cl shou�ddbe inc�a tas atndetate papg riles
may elect to use�� Formt9/.
(f� Taking one, of the _ followirl� actipns, with[ 3(Od)(Calencar
Wipe to any�em�loyeercewho iisdso conviieterda ran L/ th Check r- if the State has elected to complete OJP Form
406117.
1 Taking u p ro ri toQrsonnel action against suc tin
oeennFclilitin�midncossistentwoe RUAFFRSoirmoto1aamenregentotheeleabatn FGRNTEWpO AR'qDNIDUALS)
Requin such em I a a to artici ate�sratisffapctoril i a dru As re "redd b e p�u Fre W Ikplarc�e Act of 1988, and
�uus ses ba hede geStea�leaoP��osa��iealtha'18w enocoremen �eine�ett�18fart67Sectons 67.�15andfg;.bg2�ntees, as
br 6ther appropriate agency;
A. As a dition of the g t,, I certify that I will not en aqe in
(g) Making a good faith effort to continue to maintain a drug- free the unla u manuf cture, demist 1butrpn, disgensindq osS Sl en
workplace through implementation of paragraphs (a), (b), (c), (d), r use o a �ontrol�ed substance n con ition ri�actiuy with
(e), and (f). Ke grant; an
The rante ma rose rn the s ace, rovided below the ate B. If convinced of a criminal drug offense resulting, from a
s) fp the er�orm rice o work done i�i connection with ttie violation occurring during the conduct of any (grant activity, I will
flecrfic grarft: report the conviction in writing, within 10 caendar days of the
conviction, to: Department of Justice, Office of Justice P days of
Poa�e� of Performance (Street address, city, country, state, zip D C 2053�ntrol Desk, 633 Indiana Avenue, N.W., Washington,
As the duly authorized representative of the applicant, I hereby certify that the applicant will complywith the above certifications.
1. Grantee Name and Address:
City of Lubbock on behalf of the Lubbock Police Department
916 Texas Ave.
Lubbock, Texas 79403
2. Application Number and/or Project Name 3. Grantee IRSNendor Number
4. Typed Name and Title of Authorized Representative
Daniel M. Pope, Mayor
5. Signature
A St:
Rebe ca Garza,
City ' cretary
6. Date
December 18, 2017
Ap a as to Content: Approved
G _cr , "d. Stevens, John G ' ce
Chief of Police Ass' a �`y Attney
FY 2018 Asset Forfeiture Sharing Agreement
Lubbock HIDTA Task Force/Lubbock Police Department
The Federal, state and local members (the "Participants"), of the DEA Lubbock HIDTA 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 Sheriffs Office/Four (4) Task Force Officers
Lubbock Police Department/Three (3) Task Force Officers
Texas Department of Public Safety/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 HIDTA 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. Tennination 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: <
s
ClydiE.WRey, Wr.
Special Agent in Charge
For the City of Lubbock:
Date: December 18, 2017
Daniel M. Pope, Mayor
Attest:
Rebe ea Garza, City Seer tyj
Approved as to Content:
Gre W. vens
Chief of Police
Approved as to Form:
John C. c tangy' ttorney
I LPD - Interlocals with Feds\DEA,HIDTA' FY 2018 Asset Forfeiture Sharing Agreement - LPD - HIDTA (CoL Edit).docx