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HomeMy WebLinkAboutResolution - 2010-R0376 - Agreement For LPD Btwn City And US Dept. Of Justice, Drug Enforcement - 08/12/2010Resolution No. 2010-RO376 August 12, 2010 Item No. 5.38 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, an Agreement for the Lubbock Police Department, by and between the City of Lubbock and United States Department of Justice, Drug Enforcement Administration, and related documents. 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 this 26th day of August 2010. TOM MARTIN, MAYOR ATTEST: Rebecka Garza, City Secreta APPROVED AS TO CONTENT: Dale Holton, Police Chief APPROVED AS TO FORM: r !Amy§ms,'!?rssistani­City Attorney Agrmnt-LPD&Dept of Justice -drug enforcement.res 728.10 Resolution No. 2010-RO376 2011 STATE AND LOCAL TASK FORCE AGREEMENT LUBBOCK POLICE DEPARTMENT LUBBOCK RESIDENT OFFICE DALLAS FIELD DIVISION This agreement is made this 30th day of September, 2010, between the United States Department of Justice, Drug Enforcement Administration (hereinafter "DEA"), and the Lubbock Police Department (hereinafter "LPD"). WHEREAS there is evidence that trafficking in narcotics and dangerous drugs exists in the Lubbock, Texas 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 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 four (4) experienced officers to the 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 DEA policies and procedures. Failure to adhere to DEA policies and procedures shall be grounds for dismissal from the Task Farce. 4. The LPD officers assigned to the Task Force shall be deputized as Task Force Officers of DEA pursuant to 21 U.S.C. 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 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 four (4) 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 $17,202.25), per officer. 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 audits and examinations are completed and resolved, or for a period of three (3) years after termination of this agreement, whichever is sooner. 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 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 from the date of signature joy representatives of both parties to September 30, 2011. This agreement may be terminated by either party on thirty days' advance written notice. Billings 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 during the term of this agreement. For the Drug En f cement Admin'stration: Date: Name:s L. Ca]6a Title:/Isp�eial Agent in Charge For the Lubbock Police Department: �,�✓►� Date: August 12, 2010 Name: Tom Martin Title: Mayor ATTEST: ,Q 'j��� 5;4� Date �iZ -/D Rebexsea Garza, City S c tart' A:: OVED AS Tn rnnur . Date: Dale Holton, Chief of Police APPROVED A Date: 9-11, Aryy s , A orne