HomeMy WebLinkAboutResolution - 2024-R0220 - MOU, USDHS, Usdot, Blue Light Campaign, Anti-Human Trafficking, LPSIA - 04/23/2024Resolution No. 2024-R0220
Item No. 6.26
April 23, 2024
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL Or THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock, or his designee, is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, a Memorandum of Understanding
and related documents, by and between the City of Lubbock, the United States Department of
Homeland Security, and the United States Department of Transportation, in furtherance of the
Blue Campaign and Blue Lightning Initiative to combat human traffcking. Said Memorandum
of Understanding 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 on A rin '123, 2024
APPROVED AS TO CONTENT:
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Kelly Campbell, Director of Aviation
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Satterr�ite, `I`i`r'�Assistant City Attorney
Courtney Paz, City Secretary
Resolution No. 2024-R0220
MEMORANDUM OF UNDERSTANDING
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1. PARTIES. The U.S. Department of Homeland Security ("DHS"), located at 2707 Martin Luther King
Jr Ave S.E., Washington, D.C., the U.S. Department of Transportation ("DOT"), located at 1200 New
Jersey Avenue, S.E., Washington, D.C. (collectively known as the "Government"), and Lubbock Preston
Smith International Airport, located at 5401 N. Martin Luther King Blvd., enter into this Memorandum of
Understanding ("MOU") on this 23rd day of Anril , 202`f•
.
2. AUTHORITY. This MOU is authorized under the provisions of 22 U.S.C. § 7103, "Interagency Task
Force to Monitor and Combat Trafficking," 6 U.S.C. § 242, "Department of Homeland Security Blue
Campaign," and 49 U.S.C. § 44738, "Training on Human Trafficking for Certain Staff."
3. DEFINITIONS.
3.1 "Airport Visual Identities" means the trademarks, logos, names, or other images owned or
controlled by the Airport used in association with this MOU. By way of example and without
limitation, representations of relevant Airport Visual Identities are provided under the section
entitled "Exhibits" below. See Paragraph 13, subsection A of this MOU.
3.2 "Government Visual Identities" means the DHS and the DOT names, seals, or insignia, the Blue
Campaign Logos, and the Blue Lightning Initiative (hereinafter "BLI") Logos as used in
association with this MOU. By way of example and without limitation, representations of
relevant Government Visual Identities are provided under the section entitled "Exhibits" below.
See Paragraph 13, subsection B of this MOU.
3.3 "Materials" means the Blue Lightning Initiative training materials in which DHS and DOT have
worldwide rights including the training module, pocket guide, and any other items provided by
the Government in conjunction with this MOU.
4. PURPOSE.
4.1 DHS engages in public outreach efforts to combat human trafficking by raising general awareness
of the issue and encouraging the public to report suspected instances of human trafficking. DHS
enters into this MOU with Airport and the DOT to promote the BLI, an element of the DHS Blue
Campaign led by the DOT and DHS to coordinate and enhance the Departments' anti-human
trafficking efforts. The BLI focuses on prevention, protection, prosecution, and partnership
efforts within the commercial aviation industry associated with combating human trafficking. To
protect victims of human trafficking and encourage their cooperation with law enforcement
agencies, DHS offers a number of materials infornung potential victims of the availability of
immigration relief or other forms of victim assistance. In addition, DHS furthers effective
prevention, investigative, and prosecutorial activities by training thousands of Federal, state,
local, and international law enforcement officials annually to recognize the indicators of human
trafficking and to conduct successful human trafficking investigations. Finally, DHS routinely
works with international, Federal, state, and local government entities, nongovernmental
organizations, and the private sector to help promote the goals of the Blue Campaign.
4.2 The DOT is taking action across all modes of transportation and with partners throughout the
Federal government to stop the flow of human trafficking, and is helping transportation industry
sectors to recognize the signs of human trafficking and report suspicious activity. Section 2 of
the Combatting Human Trafficking in Commercial Vehicles Act (Public Law 115-99) encourages
the "coordinat[ion ofJ human trafficking prevention efforts across modal administrations in the
Department of Transportation and with other departments and agencies of the Federal
Government." This MOU solidifies the partnership between the DOT and DHS to counter human
trafficking. The DOT realizes that all modes of transportation stand at an intersecting point with
human traff'icking and thus, with proper awareness and training, employees in the transportation
industry can be key assets in identifying and reporting suspicious behavior. This crucial
partnership with Airport, a key stakeholder in our nation's transportation industry, will further
discourage human traff'icking activity. The DOT stands with DHS and Airport to counter human
trafficking through employee training and awareness; this will help pave the way for our nation's
transportation system to be free from the scourge of human trafficking.
4.3 Airport supports the anti-human trafficking goals of the BLI, and will participate as set forth in
this MOU in efforts designed to eradicate human trafficking. DHS, the DOT, and Airport believe
that this MOU will support their common desire of eliminating human trafficking.
5. GRANT OF LICENSES.
5.1 GOVERNMENT
A. The Blue Campaign Logos, the BLI Logos, and the DHS Seal are DHS-owned
intellectual property used in connection with the Department's efforts against human
trafficking. The DHS Seal is protected by 18 U.S.C. §§ 506, 701, and 1017, among other
laws. The use of the DHS Seal is controlled by the DHS Office of Public Affairs through
DHS Directive No. 123-06. The Blue Campaign is a registered trademark of the
Department of Homeland Security (RN# 4575338 and RN# 4575337).
B. The DOT Seal is DOT-owned intellectual property and written pernussion is required for
the use of the DOT Seal. The DOT Seal is protected by 18 U.S.C. §§ 506, 701, and 1017,
among other laws. The use of the DOT Seal is controlled by DOT Order 1000.14A
(Official Seal and Signatures of the Department of Transportation).
C. DHS and the DOT hereby confer to Airport a nonexclusive, nontransferable, royalty-free
use of the Government Visual Identities, including the right to copy, display, and
distribute, for the sole and exclusive purpose of including the Government Visual
Identities on Materials that are authorized by DHS or the DOT as part of the partnership
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and in support of the of the Blue Lightning Initiative or for publicizing Airport's
involvement in BLI only for such times as Airport makes use of the Materials.
5.2 AIRPORT
A. Airport is the owner of the trademarks, names, and logos (collectively known as the
"Airport Visual Identities") associated with its services.
B. Airport hereby grants to DHS and the DOT a nonexclusive, nontransferable, royalty-free
use of the Airport Logo for the sole and exclusive purpose of publicizing Airport's
involvement in the BLI and partnership.
6. ROLES AND RESPONSIBILITIES OF THE PARTIES.
6.1 GOVERNMENT ROLES AND RESPONSIBILITIES
A. CONDITIONS FOR EXPERT AND TECHNICAL SUPPORT
The Government will provide the Materials to the Airport.
ii. The Government will respond in a timely manner to any questions or concems from
the Airport.
iii. The Government will provide instruction and assistance as needed.
iv. The Government will be reasonably expedient in assisting the Airport.
B. CONDITIONS FOR USING THE AIItPORT LOGOS
The Government will honor any request from Airport to stop publicizing Airport's
involvement in the BLI.
ii. The Government will only use the Airport Visual Identities as expressly permitted in
this MOU unless specifically authorized in writing by Airport. The depiction of the
Airport Logo will be as provided by Airport. No alteration or modification of the
Airport Logo, including but not limited to, color, shape, and any textual elements is
permitted.
iii. The Government is not authorized by Airport to license or transfer use of the Airport
Visual Identities to any other agency or organization.
6.2 AIRPORT ROLES AND RESPONSIBILITIES.
A. CONDITIONS FOR USING THE GOVERNMENT-PROVIDED MATERIALS
Airport agrees to train transportation employees with the Government-provided
Materials.
ii. Airport agrees to use the Materials "as provided," and will not make any substantive
changes to the content in the Materials, including changing any of the photos present
in the Materials. Airport may add some additional content before or after the
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Materials, such as information pertaining to Airport's reporting procedures for
suspected cases of human trafficking, and may also make changes to the Materials
for the specific purposes of ineeting the formatting requirements of Airport's learning
management systems. Airport will seek the Government's pernussion prior to making
any additional modifications to the Materials.
Airport agrees to report to the Government once a year within thirty (30) days of
September 30 (the end of the fscal year) via email to bluecampaign(a?hq.dhs_gov and
traffickin a�dot. ov, the total number of employees the Airport trained throughout
the year, to include a breakdown of occupations.
ii. The Government encourages Airport to advise its employees to expeditiously report
information regarding human trafficking using the protocols described in the BLI
training module and Materials.
iii. Airport agrees to protect the integrity of the Materials, consistent with this MOU.
B. CONDITIONS FOR USING THE GOVERNMENT VISUAL IDENTITIES
Airport will depict the Government Visual Identities as provided by the Government.
Airport will not alter or modify the Government Visual Identities.
ii. Airport shall not use the Government Visual Identities other than as expressly
pernutted in this MOU unless specifically authorized in writing by the Government.
iii. Airport can use the Government Visual Identities following Government approval.
Upon the ternunation of this MOU, the Government Visual Identities will be
promptly removed from any website or online resource.
iv. Airport is not authorized by the Government to license or transfer use of the
Government Visual Identities to any other organizations.
v. Airport agrees that it shall not seek to register with the United States Patent and
Trademark Office ("USPTO") trademarks, names, or symbols that are confusingly
similar to the Government Visual Identities.
C. CONDITIONS FOR CO-BRANDING PARTICIPATION
Co-Branding occurs when the Government Visual Identities are displayed with the
Airport Visual Identities.
ii. Airport will ensure the following notice appears in Materials featuring the
Government Visual Identities and the Airport Visual Identities: "The United States
Deparhnent of Homeland Security and the United States Department of
Transportation are Federal agencies of the United States Government and are
separate and distinct entities from this Airporx "
iii. Airport may not distribute the Materials to any other organization or entity and may
not use the Materials for a direct commercial gain, such as soliciting funds or
donations unless it occurs incidentally.
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iv. Airport acknowledges that use of the Materials will not constitute an endorsement of
Airport or its products, services, or views, by DHS, the DOT, or the U.S.
Government.
v. Airport may not use the Government Visual Identities to imply an endorsement of the
Airport, its message, or its activities.
vi. If the Government modifies the Materials, the new Materials will be provided to the
Airport. Once receiving new Materials, Airport will discontinue the use of old
Materials and only use the new Materials.
vii. Airport agrees that upon termination of this MOU, it shall destroy all inventory and
Materials related to this MOU containing the Government Visual Identities and
Government-provided training materials in Airport's possession or control. The
Government agrees that upon ternunation of this MOU, it shall destroy all inventory
and materials depicting the Airport Visual Identities.
7. COST OF PARTICIPATION.
A. Airport acknowledges and agrees that it will bear the costs, if any, for reproduction and
distribution of any Materials provided for Airport's reproduction and distribution in
support of this partnership and the BLI.
B. This MOU is not an obligation or commitment of funds, nor a basis for transfer of funds.
Each Party to this MOU shall bear its own costs in relation to this MOU. Expenditures
by each Party will be subject to its budgetary processes and to the availability of funds
and resources pursuant to applicable laws, regulations, and policies. The Parties
expressly acknowledge that this in no way implies that Congress will appropriate funds
for such expenditures.
8. POINTS OF CONTACT.
FOR TI�E U.S. DEPARTMENT OF HOMELAND SECURITY:
Name: Cardell Morant
Director, DHS Center for Countering Human Trafficking
Address: DHS Center for Countering Human Trafficking
1800 G Street NW
Washington, D.C. 20006
Email: cardell.t.morant(cr�,hsi.dhs. o�v
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FOR THE U.S. DEPARTMENT OF TRANSPORTATION:
Name: Julie Abraham
Director, Office of International Transportation and Trade
Address: U.S. Department of Transportation
1200 New Jersey Avenue, S.E.
Washington, D.C. 20590
Email: Julie.Abraham(�a,dot.gov
FOR LUBBOCK PRESTON SMITH INTERNATIONAL AIItPORT:
Name: Kelly Campbell
Title: Director of Aviation
Address: Lubbock Preston Smith International Airport
5401 N Martin Luther King Blvd
Lubbock, TX 79403
Email: KCampbell@mylubbock.us
9. OTHER PROVISIONS.
A. Any Participant may discontinue its participation under this MOC at any time but should
endeavor to provide sixty (60) days prior written notice to the other Participants.
B. Nothing in this MOU is intended to conflict with current U.S. law or regulation. If a term
of this MOU is inconsistent with such authority, then the term is to be invalid, but the
remaining terms and conditions are to remain in full force and effect.
C. Nothing in this MOU shall be construed as providing Airport employees with the law
enforcement authority to personally intervene in suspected cases of human trafficking.
D. In case of disagreement or dispute over the implementation of this MOU or the
interpretation of terms of this MOU, DHS, the DOT, and Airport agree to negotiate in
good faith to resolve such issues.
E. DHS, the DOT, and Aicport acknowledge that nothing in this MOU shall result in any
transfer of copyright, trademark, or any other applicable intellectual property rights or
title from one party to the other.
F. By signing this MOU, the signatories are confirming that they have the authority to enter
into this MOU and to bind the respective parties.
G. DHS and the DOT will continue to provide stakeholders, including Airport, with a
platform to provide feedback regarding BLI efforts and Materials.
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10. MODIFICATION.
This MOU may be modified upon the mutual written consent of all parties.
11. EFFECTIVE DATE.
The terms of this MOU will become effective at the date the last party signs the MOU.
12. TERMINATION.
This MOU may be terminated by any Party at any time upon written notice.
13. EXHIBITS.
A. Airport Visual Identities
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B. Government Visual Identities
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IV.
14. APPROVED BY.
FOR THE U.S. DEPARTMENT
OF HOMELAND SECURITY
Signature:
Printed: Cardell Morant
FOR THE U.S. DEPARTMENT
OF TRANSPORTATION
Signature:
Printed: Julie Abraham
Title: Director Title: Director, Office of International
DHS Center for Countering Human Trafficking Transportation and Trade
Date:
Date:
FOR LUBBOCK PRESTON SMITH INTERNATIONAL AIRPORT
Signature: /`� f��t.���S xr��+w �'�r
Printed: Kelly Camnbell
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