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Home My WebLink AboutResolution - 2019-R0368 - DEA - 2020 High Intensity Drug Trafficking Area Asset Forfeiture Sharing Agrmt - 10/08/2019 (2)Resolution No. 2019-RO368 Item No. 6.14 October 8, 2019 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 2020 - High Intensity Drug Trafficking Area HIDTA) Asset Forfeiture Sharing 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 Rth day of October 2019. DANIEI. M. POPE, MAYOR ATTEST: Rebe ca Garza, City Secr tary APPFSOVED AS TO CAENT: Jerry D. `ew rr-Jr., Police f APPROVED S O v John ac sista t Ci y Attorney S ttyatt\c 9-S\RES.LP OU-t-IIDTA-AssetSharingAgr.2020.doe Resolution No. 2019-RO368 FY 2020 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 and Local Law Enforcement, governs this Agreement. The State and Local Law Enforcement members (the Participants"), of the DEA HIDTA Task Force Group (Lubbock) (the "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) Task Force Officers Texas Department of Public Safety/One (1) Task Force Officer Lubbock County Sheriff's Office/Four(4)Task Force Officers 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 percent 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 percent. 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 modify percentages as deemed appropriate based on the facts and circumstances in each case. The additional and/or departure of Participant agencies and persormel 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 HIDTA 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) iD Ul Clyde E. Shelley~d^ Special Agent in Charge Dallas Field Division Date For the City of I^bbock October 8. 2019 Daniel M. Pope, Mayor Date Attest; arza. City Secretar Approved as to Content: Jerry Brewe Interim Chie ofI e Lubbock Police Department Approved as to F rtn: John CAM , sista? ity Attorney J U.S. DEPARTMENT OF JUSTICE 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 pppu Ic (Federal.State,. r local) a a do or c tract under t tri transaction;. violation o e eja' o a fntitrus As fe uirfd b e 3 T'tle 31 of that( eU.. S. Ccode, anan t u es ro commrssiond c f em ez amen hef orfe hart 6A 2fa ap te ifieehat b$nas detineU lato2 FR s 1 Mnts,sor receiving sto eri property; record,. ma Ingimpealsrye 1t Are not present( indi t d for or th rwise criminal( or civula)No Federal appropriate funds have been paid or will be paid,ar ed v a Pave nofal ntR (eeuera1, St te, or I cal wl ibyoronbehalfoftheundersigned,to any person for influencing orn Sion f9an o ie ofens s enumerated in paragrah 1) or attempting to influence an Q_fficer or employee of anyY agenc r, ) OTIRis cerfificatYon;and a Member o Congress, an officer or employee of CorSgress, r an employyee of a Member of Con ass in connection with the makin df an Federal grant fhe enteringinto of an d Have not within a thre ear eriod a edin 22hi a li alio cooperative agreement, and extension, contivation,renewal, r more ubfi {{rrya saati nsedceralg5tae,pgr ioca amendment, or modification of any Federal grant or cooperative ermina?,Oor causa : d efauft;anc agreement; B Where the a plican'tf is unable to c rtify to an F the stat ma 's in AT c ratification, he or i e shall a tac an b If an ff ds othher than Federal a r riated fund have.be n expNana{,an to this application. ld or iill eflic"e' to anympatorsoene fo ipan ui a ing or a ttQQ ti qef uence an r ore p a Me iba ,o1res, acer or ern{o ee of Con re oya e p o e o,%gregs, a, n res i cohne flop v h is Fe era ryan'j DRUG-FREE y ORKpLACE WRIcog$ Qp' u 7nn he I r cersig ed salt corp e n an RANTI;ES OTHER THAN INDIVIDUALS} 1 etati fan ae it Isclosull o o byingM.les, in accordance with its inAtructions; As re uir d b eCCpp u -Frr e W r large i of 1988, and de nee e a F Part Se'cti,ri u V.61 and 58s, as CCC1 The undgrsigpped shall rec7uire that the language pf this cer- titfcation b inClr7rJed inuf g aW rtl dcocuments tdt elrsubawsrdsra A. I e a h a t cebrtrties that it will or will continue to provide aalltiers, including s D ran s un gr art ntll a b drug-tee nr peace y:coQperativ reeMen s an u contrnptsj an GTa a su - reci lents sha ce i anal disclose actor ing y. a P b ishin a stat Ment noti in e7.05osslession,tthat the u law ma fa to e, s ribution. is n iqr u s ante Is rp l i einh ran ION,AND U 1 HER worl plce fds ecfi tTie actrRrb fn bea Cef aagainbI1W94OPimempoyeesorvialioosuchproiIlion; tt u i N t) b) EStabli hrn a on-going drug-tree awareness program toAsrepairedbExecutiveOrdr1Z5q9, barment and miorm tea a% on Su en5i n,.an imimplemented t Z CFR Prt 67 forros ectl calny u cn QarY7cbpyered transactions, a§ de ine at u 6 'I0 1)The dangers of drugs abuse in the workplace; A. The applicant certifies that it and its principals: Z)The grantee's policy of maintaining a drug-free workplace; a)Are not presentlyY, debarred, suspended, proposed for debar- (a3s sis nce programs gan unseling, rehabilitation, and employee ment declared ineli4qible, sentenced to a denial of Federal benefits ty a State or-Fey eral Y ourt,or voluntarily exclude 9fro Y f41 The pgr}alties that ma_y b impoaed upon employees for drugcoveredtransactionsbanFederaldepartmentoraagency;use v o a ions occurring in a or a c) Maknt a regrir imgent t>}abt each em lo ee to f{e en aQedbHavenotwlho,a tar e-yea period 4eced n t is aippl4c ti h e o an 9 pn( gran a given c py of hes temenenconvieerhdacivi,ud a ren alga a a s tfte req ired by para ra a ; o r commis{on of frau r a tri io ansa in con ection wi taining,a empting too tain,orperforming a d Noti i the em toeg in he tatem nt eq ired bNeaEpWy%RJ I5_, as coynditian ottampl oymeneE under t a grant, OJP FORM 406116(3-91)REPLACES OJP FORMS 406V2,406213 AND 406114 WHICH ARE OBSOLETE. 1)Abide by the terms of the statement;and DEA/Lubbock Resident Office i la ion o aecngn8al anin str u ii 01 his or p theconvictionfor5214 68th Street, Suite 401 anter han ive Galen ardagys a ersuch con c ion; Lubbock, Texas 79424 e N .tif in the ageec+, ir writin with' c tendar days after e ei nrl tice e su raaph rorr an errllogee Check I-- there are workplace on file that are not identified r o is racIt i a ua notic o uc conv . ere.Em to er etec nvic ces yst rove otice n ,u r°r a nnc eOM ko{ n s. ln ia fI u ` Sp6tipn 67 6,10,7f the r ulations p ov{des.thatahgpn ee that iW {{ C' ce shat m uee the leen Ificatioif a Sta`e ma e e oto, a on ceRi i a o in, ac a er J fmber?s oT each t; for 6elect toerstq6,F Form fa / 91nc a5 a nde ate pcgecn tis TaookN one. of the, feeollowiae actigns, within 30 lend resYpect to any employee whois sorconvpieteragrap ( d)( wi Check f if the State has elected to complete OJP Formd4061f7. rreq ii ee oTaking prhee'Ne ilit a o e coo t gJ I3 a ssas ende ortsuchoeWHN {P IVIDUALS} Requirisuch emp] e,to artici ate satisfactorily i a dru As re uir ddb a }u Fre W rulace t of 1988, and gn nieeappropriateeag Cttaallltaopoilona iea ha a w enforcement, ae ine ea p18 E ar 67 ectiorSs 7. and fQ l.gf2 ntees, as Asa o dition of the gr ni.l rtify that I will not an age in g)Making a good faith effort to continue to maintain a dru -free he unla yu manuf cture, c steibu1pn, di nsin oss s o workplace through implementation of paragraphs(a),(b),( },(d), r use of a ontro ed substance m cone oon 2grh}Pactrvily wi h e),and the grana; anc The rante ma ansa m tie ace. rovided below t e ate B. If convinced of a criminal drug offense resulting, from as fob tl e rRp arm nee a work ogne iR connection with t e violation occurring during the conduct of any ggrant activity, I willeciisgrareporttheconviction, in writing, within 10 carendar days of the convection,to: Department of Justice,Office of Justice Programs MPi of Performance (Street address, city, country, state, zip p C 20$ 31ntrol Desk, 533 Indiana Avenue, N.W., Washington, As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above certifications. 1. Grantee Name and Address: Lubbock Police Department 916 Texas Ave. Lubbock, Texas 79403 2. Application Number and/or Project Name 3. Grantee IRSNendor Number DEA-Lubbock Regional Task Force 1-75-6000590-6 4. Typed Name and Title of Authorized Representative Jerry Brewer, Int rim Chief of Police 5. S ature 5. Date