HomeMy WebLinkAboutResolution - 2022-R0480 - Task Force and Asset Forfeiture Sharing Agreements with DEAResolution No. 2022-RO480
Item No. 7.30
November 16, 2022
RESOLUTION
(FY2023 — Task Force 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 Program -Funded State and Local Task
Force Agreement — Task Force Group (Lubbock) 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.
A�RO D S T ONTENT:
Floyd Mitchell, Police Chief
Resolution No. 2022-RO480
FY 2023 PROGRAM - FUNDED STATE AND LOCAL TASK FORCE AGREEMENT
DALLAS FIELD DIVISION
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:
1 The Task Force Group (Lubbock) 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 Task Force Group (Lubbock), the Lubbock PD
agrees to detail two (2) experienced officers to the 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 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
Officers of DEA pursuant to 21 USC § 878.
To accomplish the objectives of the Task Force Group (Lubbock), DEA will assign five
(5) Special Agents to the Task Force. The Lubbock PD agrees to provide and maintain a
vehicle for use for each of its assigned Task Force Officers. 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
Lubbock PD officer 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 Task Force Group (Lubbock), the Lubbock PD
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 Lubbock PD for overtime payments.
Annual overtime for each state and local law enforcement officer is capped at the
equivalent to 25% of the salary of a GS-12, step 1, of the general pay scale for the rest of
the United States. Reimbursement for all types of qualified expenses shall be contingent
upon availability of funds and submission of a proper request for reimbursement which
shall be submitted monthly or quarterly on a fiscal year basis, and which provides the
names of investigators who incurred overtime for DEA during 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. The Lubbock PD will bill
overtime as it is performed and no later than 60 days after the end of each quarter in
which the overtime is performed. 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 to the Lubbock PD 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 Lubbock PD shall clearly state: (1) the percentage of the total cost of the
program or project which will be financed w ith 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, 2026. This agreement may be terminated by either party on thirty days'
ad%ance written notice. DEA's support to the Task force, including reimbursement of
overtime, is subject to the availability of funds on a fiscal year basis (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 the fiscal year or within 60 days of the date of
termination of this agreement. DEA will be responsible only for obligations incurred by
Lubbock PD during the term of this agreement on a fiscal year basis, subject to the
availability of funds.
For the Drug Enforcement Administration:
Special Agent in Charge
For the Citv of Lubbock:
--- - W"0;;--) ---
Tray Payn /// /
Mayor
Date
November 16, 2022
Date
FY 2023 Asset Forfeiture Sharing Agreement
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 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/Two (2) officers assigned to the Task Force
Lubbock County Sheriff's Office/One (1) officer 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 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: 1 Z, �D 2622
Eduardo A. Chavez
Special Agent in Charge
Dallas Field Division
Date: November 16, 2022
Tray yn
May
City of eubbock
�r ` U.S. DEPARTMENT OF JUSTICE
r 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 fort provides for compliance with certification requirements under 28 CFR Part 69, "New
Restrictions on Lobbying" and 28 CFR Part 67, "Govemment-wide Department and Suspension (Nonprocurement) and
Government -wide Requirements for Drug -Free Workplace (Grants)." The certifications shall be treated as a material
representation
epe setransaction,aonof aupon reliance will be placed when the Department of Justice determines to award the
g cooperative agreement.
1. LOBBYING Vuj�c (Federal .state.locaq Ua or tr ct tmdar3 T fie 31 of the U,S. C°de, an� u, tr�a8nsadwn; , dlo�attOr>i of men TO
qeW a°�r a� ro I a �tsa� nesaelfrri aiOT aria s�aleKiBnlosrgofire coesvf osiolen orecords. ma ing P �
P p%n nt d�l d r�r9��
Park b t eN���mceiifiees,?►�h n9 property;
( Are presentWN Ind for, or pharwi oral or ci '
((a) No Fed raI appro rta funds have been paid A be aid, Car d a oveih nlal nta (Federal St or
6y or on beehalf of th�url to any Rerson�or�nfhrer�cing G�rnt i s �1 ar oM of�ens�s enumerate ui paragra�h" )
oorll t9 influence an leer or ern o ee ? agenc& too is cell
a antl
Corig[ess an o i r or employee
o orv�r9ss
an efn vac of a Member o Con ress n cpnnei on"w,th'the
make of any Federal grant enter iFlo of ant ddcrave not within a et�r rear rift preeggil 5(hi� apglllogo�1
came alive agreement, aria externion, con n al rel 1, on�er�mor" au � r r�sa Tns (r eral, toe, r Deal'
are meet, or modification of arty Federal grant or cooperative ermna r caus or su t; an
agreement;
B. Whe a the aoo� Is unable to c ify to a f the
scat meais In lh>S' r r�ic�atbn, he or s;ie sAI1 a�ac� an
gb fany .({r(1d�s o than Federal r rated fu hav n exp�anauon to this app�ica n.
or Wili De o an on
on gggfuri or a" a i? tg
uence an o cer orese an a e e o �E
pr�ress, an cer or a"""es o Co o e o of 3p_pE yypRK��pINDNIDUALS)
a Moeeress, of G an f m �e ee ( A E THER T N
u°�ttllt a o� L,,�� v1s'CaiOsuI ODI a ob y rig
U an a� ofmLZ_rsi s I co e b and
vibes, in accordance With its lrutions; As rr ui dd bav► t2hgeCp Frrie� W la,� FAc�t of 19M88, and
reiilned ai�Zt3 CFR P rtt Sections t 815, ark %`� 6 and
The rder d s1,pr
A r ui that the la u e f this cer-
c�Uont tried ine�a�doc�me is lo�s�Psugawtards ad a T a 1 t lies that it wiA or wiA oontin ue to rovide e
eC°� nfs sha cer yns'e�aoo°Mo-gc s)uen� if�arfa a� ,ir- ��ug r e i%ac� y. P
e�a Publishire a Ra me�t� noUf�rin ern to ees that the
law m soiled r lop, i r ssessi qr
use a co s anee rs 1e Tgh rant' e
ION, AND OTHER woAco9ace �nsdgn��acUa nnge fa�ce� aga�ns
emproyees or vi w o su pro r t n.
s r aired ``'bye�elegt Dmen eOrddpp��r55-ppee p�barment rid
u art l��c{oml re�ltrdn do , aT9;�e�in ois
st=Ipihino arMnut-going drug -Urea awareness program to
(1) The dangers of drugs abuse in the workplace,
A. The applicant certifies that d and its principals- (2) The grantee's policy of maintaining a drug -free workplace;
RLA available dr c nseling, rehabilitation, and employee
a) Are no pr @n ebarred, sus ruled, pr posed for debar- is mice pr r msnri'
nt dec�re iM Ia, sentencpe to a (.all of Federal
benefits by a State or ederal cot�t for voluntenN excluded from be
covered lransactons by arty Federal department or agency, e�use va��Oliies o curin�inih7980a�°n employees for drug
l l Makingd a recb�ir i l tfla ach carol ee to be en �m
not -yea riod ecedi t is a I' Lion arxe rant given 8 c°.�py of the men
i r�oacmrnvrsaeo1n o au� e a c1r. ro errue �n ar�ecbon racy it paragraP �a�;
o�tainng, a amp ng to o�itam, or performing a d Noti ��het empto a in the ftatemsntrical d by
110� 414will as a c ition o amp oymen u r gran
OJP FORM 406116 (3-91) REPLACES OJP FORMS 4061/2, 40t'a7J3 AND 406114 WHICHAM OBSOLETE.
n
41
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v
(1) Abide by the terms of the statement; and
aai Na °otnMo acre �r�g swl u °o rin°QU the°wr�place no
a r an rve ca e ar s a er su con on;
9'r"otl bceece v�i�ie I a an t u nd rd co wafter
ty'su ran��� �on an ernt�C le e
Never?.np
nvic e r y k°�g+ n Ia eBeb� Jto
numbers) oyeaah a clad grORe shaall mc�de the r�en�fica
93 s a in�ecensriri f notice tjnaer acsliQns wra M 3�x��lenvM
reapeci to any ,eprrr�lloyyece who s so cony e
�eyon
6h°�'m�WP
akiren�'ot�tree' 6%ffu ar%re4i o?on g An
W*3Coa%ssamen g; or
Requiring sucehdem to artic to satisfactwi i a dru
�"r��ieBappropriatea9 plea SoflogliTeaRteRer orcceemenp,
(eir lacggthrbughimplerneerdil %on otnparagr phsntra)J.14 (11),
(e,and( .
Check r � there are workplace on file that are not identified
�'o 6eDe, �a `�ltn?e`"�t spa o°}�ira�oerrncges
sye pI a enmayelsdlous�O�Foim4061�
Check (- if the
nState has elected to complete OJP Foim
FRAM RE WN0 AiiE %IVIDUALS) of g
Mine% 1% C AT M; �ecttiioi5s 6T.5� addeFA��rJ.of2�-'tees eea
ilia un�av u�dma tro u egars�tfibu on�d 50€iism�°ospage in
oieugrar°t; ana°n nufM substance in oon i ion act V w h
�dhe rante ma insert in the ace ovided bheelow a ite B. If convinc9d of a cTirtrnal drug offense resuftin9� from�p
s t1�e erformence or work 0,cne i�connec ion t e violation occurna dunng the conduct of nY rant acG�ity,
ec iic gram. report the conviction in wr mg wfthiO 1,� ca�endi dads old the
CC��rrL�wct��on, to'. D�Dar(men1 o ustice, Office o(( tgtice r rams,
PI_a� of Performance Street address, city, count state, zipAT : Control ON?,
ti33 ndiana Avenue, W., Wash>hgton,
���ef� ( y country, D.C.20531.
As the duty authorized representative of the applicant. I hereby certify that the applicant will comply with the above certifications
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
LUBBOCK CITY MAYOR TRAY PAYNE
4. Typed Name and Title of Authorized Representative
5. Signature
3, Grantee IRSNendor Number
November 16, 2022
6. Date