HomeMy WebLinkAboutResolution - 2022-R0481 - Task Force and Asset Forfeiture Sharing Agreements with DEA HIDTAResolution No. 2022-RO481
Item No. 7.31
November 16, 2022
RESOLUTION
(FY2023 HIDTA Agreement with Asset Sharing and Certification)
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 2023 - High Intensity Drug Trafficking Area
(HIDTA) Task Force Agreement, which said Agreement and any associated
documents, including an Asset Sharing Agreement and Certifications Regarding
Lobbying; Debarment, Suspension and Other Responsibility Matters; and Drug -Free
Workplace Requirements, which are attached hereto and made a part of this Resolution
for all intents and purposes.
Passed by the City Council this 16th day of November , 2022.
ATT S
Rebe ca Garza, City Secretary
APPROV 1 f V 0Q& 'TENT:
Floyd Mitchell, Police Chief
Resolution No. 2022-RO481
FY 2023 HIDTA STATE AND LOCAL TASK FORCE AGREEMENT
DALLAS FIELD DIVISION
HIDTA TASK FORCE GROUP (LUBBOCK)
LUBBOCK POLICE DEPARTMENT
This agreement is made this 1 st day of October 2022, between the United States Department of
Justice, Drug Enforcement Administration (hereinafter "DEA"), and the Lubbock Police
Department ORI# TX 1520200 (hereinafter "Lubbock PD"). The DEA is authorized to enter into
this cooperative agreement concerning the use and abuse of controlled substances under the
provisions of 21 USC § 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 HIDTA Task Force Group (Lubbock) will perform the activities and duties described
below:
a. disrupt the illicit drug traffic in the Amarillo 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 HIDTA Task Force Group (Lubbock), the Lubbock
PD agrees to detail three (3) experienced officers to the HIDTA Task Force Group
(Lubbock) for a period of not less than two years. During this period of assignment, the
Lubbock PD officers will be under the direct supervision and control of DEA supervisory
personnel assigned to the task force.
3 The Lubbock PD officer 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 Lubbock PD officer assigned to the task force shall be deputized as task force officer
pursuant to 21 USC § 878.
To accomplish the objectives of the HIDTA Task Force Group (Lubbock), DEA will
assign four (4) Special Agents to the task force. The parties to this agreement understand
that financial reimbursement to participating organizations is subject to the budgeting,
administrative and managerial decisions of the HIDTA Executive Board as well as the
availability of HIDTA funding (from whatever source). Subject to this planning and
budgeting guidance, the HIDTA will provide funding to support the activities of Federal
Special Agents, Task Force Officers, and other specified employees (if any). 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 HIDTA Task Force Group (Lubbock), the
Lubbock PD will remain responsible for establishing the salaries and benefits, including
overtime, of the Lubbock PD officer assigned to the task force and for making all
payments due them. HIDTA will, subject to availability of annually appropriated funds,
HIDTA funds may reimburse the Lubbock PD for overtime payments incurred by its
Task Force Officers in an amount not to exceed a sum equivalent to 25% of the salary of
a GS-12, Step 1 of the general pay scale for the rest of the United States The Lubbock PD
will bill overtime as it is performed and no later than 60 days after the end of the quarter
in which the overtime is performed. The invoice will identify each investigator who
incurred overtime for the tasking during the invoiced period, the number of overtime
hours incurred, the hourly regular and overtime rates in effect for each investigator, and
the total cost for the invoiced period. 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 Lubbock PD charge any indirect cost rate to DEA for the
administration or implementation of this agreement.
8 The Lubbock PD 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 Lubbock PD 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
Lubbock PD shall maintain all such reports and records until all audits and examinations
are completed and resolved or for a period of six (6) years after termination of this
agreement, whichever is later.
10 The Lubbock PD 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 Lubbock PD 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 Lubbock PD 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 Lubbock PD 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 Deleted (DEA will not provide vehicles).
14. While on duty and acting on task force business, the Lubbock PD 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 parties acknowledge and understand that the United States of
America is liable for the wrongful actions or inactions of Federal employees, including
those Federal deputized as Task Force Officers, who are acting within the scope of their
employment under the Federal Torts Claim Act (2 8 U.S.0 §§ 2671 — 2680). This may
extend to representation of the covered employee if in the best interests of the United
States (28 C.F.R. § 50.15(a)(2)). A state or local employee participating in the Task
Force may concurrently or separately be covered for the purposes of liability by their
employer.
15. This agreement shall be effective from the date of the last signature of a party and will
continue in effect until September 30, 2026. This agreement may be terminated by either
party on 30 days advance written notice. Federal funding of the HIDTA Task Force is
subject to the availability of annual appropriated funds for each federal fiscal year
(October 1 through September 30 of the next year). Billing for all outstanding
obligations must be received by DEA within 60 days of the end of each fiscal year or
within 60 days of the date of termination of this agreement. DEA will be responsible
only for obligations incurred by the Lubbock PD during the term of this agreement on a
fiscal year basis, subject to the availability of funds.
For the Drug Enforcement Administration:
S-7
Eduardo avez
Special Agent in Charge
For the City of Lubbock:
W, ; , 1/7
"fray yne
Mayor
121611Z�-- - - -
Date
November 16, 2022 _
Date ��
FY 2023 Asset Forfeiture Sharing Agreement
HIDTA Task Force Group (Lubbock)
Lubbock Police Department
The U.S. Department of Justice, 2018 Joint Guide to Equitable Sharing for State, Local, and
Tribal Law Enforcement Agencies, governs this Agreement. The State and Local Law Enforcement
members ("Participants"), of the DEA HIDTA Task Force Group (Lubbock) ("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 Police Department/Three (3) officers assigned to the Task Force
• Lubbock County Sheriff's Office./Three (3) officers assigned to the Task Force
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 awarded in a case if
victims have not been fully compensated. State and Local government entities can be considered
victims. Participants acknowledge that the DOJ Money Laundering and Asset Recovery Section
(MLARS) will be the sole decider for 100% property requests.
Sharing percentages shall be based upon the following formula:
Agencies with one or more full time deputized Task Force Officers (TFOs) assigned to the
Task Force will receive an equitable, prearranged sharing percentage that fairly reflects the overall
agencies' investigative, financial, or administrative contributions to the task force and/or the agencies'
efforts resulting in federal forfeiture of the asset, including accounting for any participation by a
federal agency.
The maximum amount available for sharing is currently 80% of the asset value minus expenses
related to the seizure, and minus any percentages allotted for agencies not a part or recently added to
this Sharing Agreement who have also participated quantitatively or qualitatively in the asset seizure.
The new minimum sharing amount is $500. Sharing is not automatically 80%. The actual sharing
amount allocated to participating agencies may be impacted by numerous factors. The sharing
percentages awarded to State and Local Law Enforcement agencies is based on qualitative and
quantitative contributions, and is no longer deducted from the 20% federal share.
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
DOJ receives a minimum of 20%.
Participants further understand that the federal decision -makers, including DEA, on each
equitable sharing request retain discretion to modifj percentages as deemed appropriate based on the
facts and circumstances in each case.
The additional and/or departure of Participant agencies and personnel shall not require renewal
of this Sharing Agreement. Rather, the equitable, prearranged sharing percentages shall continue to
fairly reflect Participant agencies investigative, financial, or administrative contributions to the task
force and/or the agencies' efforts resulting in federal forfeiture of the asset.
This Sharing Agreement shall remain in force upon the addition or departure of law
enforcement agencies in the DEA HIDCA Task force Group (Lubbock). 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).
Date: f2 It 0ti 1AZ2—
Eduar o A. Chavez
Special Agent in Charge
Dallas Field Division
Date: November 16. 2022
Tray P@y
Mayor
City of L
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 completingthis
from. Signature of this form provides for compliance with certification requirements under 28 CFR Part 69, "New
Restrictions on l.obbyirt�" and 28 CFR Part 67, "Government -wide Department and Suspension (Nonprocurement) and
Government -wide Requirements for DWFree Workplace (Grants)." The certifications shall be treated as a material
representation of fad upon reliance wil be placed when the Department of Justice determines to award the
covered transaction, grant, or cooperative agreement
1. LOBBYING
ea� le a s r f a rh�t?6SBWn,sedte r eal
de. and
a N r me 1 ov
a) No F%SXa a[� ro riat6 fu s have been aid of will be aid,
or on beha� o�fptth�unders� to any Bon i r iniiue�icing
or atlernptit� t4 mnuence en rcer or ern oyee �Tany encg
a Member of CCngress, an o +der or emp YY�ee o Con9 ss
an ern 1�e of a ul lemb�r o Con ress m ;inectlon vrh'tha
makl Or amr Federal gran �e ente°r� ir►to of ant
c e aUve agneemeM, ana eension contn1uabon, renevy8l,
am meet, or modrAcalion of any Federai grant or cooperative
agreement;
iq(trannseedidntateJlo�atarcif)of@a�Eetefal o Slat trct 8nfitrust
s a e tents o'Ar a viror sfon1�op�peDeZZllreeerM�s, tnema�ingT r?al?
Are It prees8ent +nd fot or rwi �yc mai o, ci
lo) 011ugs"ceriificoa on�anve ed flPrUs(enSlib •8T psrag al�h '}
d6d ion te�rfave t within a b6r� �a�� �8n d pteerdeding5ta apo + o
more sa r s lr eral,e, r oca�
erma or caus or au t; an
B. Whe a he a pl' is unable to certify to a f the
slat �s in th� �`ir lion, he or she shaA aec�r an
b fan , ds ofh� than Federal DD r rated fu hav n exp�anaron to thrs ap f.88T oV
ornli be rd-to anon ��niencm or a intq q
a�rue�c san o„;� a c,o-y�opari s eaeraan
e f g pR�Q p E yypRKp�p�E
NIe amber o}o"" o(ie d t p e�end (GRANfEETNER THAN INDNIDUALS
Qu +RIiP' an�ard�ofm� i rs+�lsclosu�e o� oTitoyrng )
vibes, n accordance wdh its tructlons; As Ir uirpd ltieCpg Frrtec7W�pr to t of 1n9t8e8e, and
ci�e in ai FR Part Sections 6 615' and % 6Z0s. as
The r h�n�a�f s A r ul that the la u e f this ser-
a c�iesstal
rdin - is ig a radont�c is �ne��su�a awards a� A� T e t r�e�tdias that it wnA or wig continue to proNde a
ref c�r y"aniY �se o°�o tli aW gpi a� suir- C � ���ac y
gpg�g ( � w ublisoN a sta m , t r+otif��jk ein •1oyeee�s that the
$q�f1TER5 use p9 a jorvs u, I t �CeR onleJ
ION, AND OTHER wo ace n s d acti wia a s
fi (j p, ern oyees or vqr
+ o su pr + 131n.
s r used "bye Executi Or�Qr {� Debarment nd
eri 7!€cLo"nnt�7`�t�ttr$n�in, e78'8`e`a'L�
A. The applicant certifies that Hand its principals,
lal Atre gnWebbarred, suspended, pr posed for debar-
rbeer efits by a State obr Federa crtoeun�cedor volunte N excl clad fr a'
covered ransactions by any Fe'dera! departmentor agency,
&Edstjrbpi�tut]Q_ anb8a-going drug -free awareness program to
(1) The dangers of drugs abuse in the workplace.
(2) The grantee's policy of maintaining a drug -free woriWiaee;
&TT�ra�va�ramsu��8ubneseGng, rehabilitation, and employee
JVu§avga� sot u�ingyinfire�voor�c a�°n aoy�sfor drug
D &c�Ma ng d a recb � g t tt�a g em$ICO� to ens �m g l -ye riod precedi t is a I' tan'ao6my ar►ce )ran rven ofe men
en conv�octe o h�ra cw, pt rend ra�aAaI ��i req a Dario r a ,
o�rta nm a e°nm _G ap gr a cr+ Teonense a con ctron
g p ng o o tam, or pe orming a ,
era a o va . as apc°o dion ot'�emppoymen� un r � gran
OJP FORM 406116 (3-91) REPLACES OJP FORMS 4061/2, 4062/3 AND 4061/4 WHICHARE OBSOLETE.
v
(1) Abide by the terms of the statement; and
Ra.t"r t "an°� a ca%he prnir�iarVNs In aiierrsu°Cd°i con �on a°w r ace° n o
(e Nati InSt the e I writin,� t Iendar da(s after
bceece vg�SU ua a .M(0) j�ffii an ernnC I e i( there are workplace on file that are not identified
e o ieftsaisp c ntnc e a �� �eS trc`8 -1�ec 6� ,!% nen�g Check r here �
ry {�Qy�' yQQR{��� elk, gn la a(v6 e, i�,yV., Sep n 67, 6 f the ulations ov 4es,ihet a rKee that
of eaC(� a C %' - gran ce shad me t% the jentficatron ae at ca e th creake °S� °e ra in vVi jac ec D ltca on
for bele�VOr Form a6l f}. '"" s and date egendes
TaI nq one, o1 the. foltowla�act��i��^nnS�WIN ri 3Qxgelen%
reVpe& to anyernglonee n $"% ra (° 1 r if the State has elected to complete OJP Form
T y rrrp y wCelroys socorn SONY st Check 4061M
�aq�ih°�m�en o they CW.0�cnio63ca°assamend Ore FRAM ISVYHO ARE %1VIDUALS)
Requirina such S? 111� o artic�t�o satisfactori i a drug As�Ire u'� b�j 1� Fre �r a e A of 1908, and
�rr�teiseap ropnate ag8nc� aa%r�oeai�ieaa haRaw°Vr�or°°femeni; 1me a'i2� CFR ar S�ertctiof►s�T6i�arFidgrl.�fl�-'fees, as
M $ the un�av�rul ri�nui°f ru e9a'is�ttibu��o^rfydih�a�a po�rrgVw
( aAc akin ood faith effort to continue t9 matp�nt�ep rodryg� f(r�� r use o a ontro�u substance m Don r rar y gt, w h
(e) erb, r ugh implementation o� paragraphs ) lc a grant; ane
� �he rante maa inser� in the one ier conneec6ofnwwPt? t�iee
s e e m nce o wor
ep r. g r a r 8:
Place of Performance (Street address, city, country, state, zip
B. If convincgd of a criminal drug o�tense resulting from a
violation oceurna during the oondu . o gnY rant activity, will
report the convicfaon in wr irg yvMi 1, ca�endr d s o the
G�rrLLvrc�t�on, to: DeDar(m n``o ustroe, otficeo u�agUce ropggrams,
AT : Control Desk, �33 ndiana Avenue, W., Washdlgton,
D.C. 20531.
As the duly authorized representative o1 the applicant, I hereby oerlify that the applicant will comply with the above oenifications
1. Grantee Name and Address:
CITY OF LUBBOCK ON BEHALF OF THE LUBBOCK PD 1314 AVE K LUBBOCK, TX 79401
2. Application Number and/or Project Name 3. Grantee IRSNendor Number
LUBBOCK CITY MAYOR TRAY PAYNE
4. Typed Name and Title of Authorized Representative
November 16, 2022
5. Signature , , 6. Date