HomeMy WebLinkAboutResolution - 2019-R0369 - DEA For The 2020 State & Local Task Force Agreement - 10/08/2019 (2)Resolution No. 2019-R0369
Item No. 6.15
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 State & Local Task Force 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 8th day of 0ct01.,L 2019.
L'
DANIEL M. POPE, MAYOR
ATTEST:
Rebe'ca Garza, City Se eta
APPROVED AS TO CON 'NT:
Jerry D. ewar,-jr., Police Chi
APPROVED AS TO FORM;
X
John . 6 e, ss't City Adorney
A tyfittlCCD CSl L5.i,1'D- U-DEA.2020.doc
Resolution No. 2019-RO369
2020 State & Local Task Force Agreement — Program Funded
Dallas Field Division
Task Force Group (Lubbock)
Lubbock Police Department
This agreement is made this I"day of October, 2019, between the United States Department of
Justice, Drug Enforcement Administration (hereinafter "DEA"), and the Lubbock Police Department
hereinafter"LPD"). The DEA is authorized to enter into this cooperative agreement concerning the
use and abuse of controlled substances under the provisions of 21 U.S.C. § 873.
WHEREAS there is evidence that trafficking in narcotics and dangerous drugs exists in the
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 LPD 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 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 Force.
4.The LPD officers assigned to the Task Force shall be deputized as Task Force Officers of DEA
pursuant to 21 U.S.C. Section 878.
5.To accomplish the objectives of the Task Force Group (Lubbock), 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 LPD 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 Task Force Group (Lubbock), 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 the officers assigned to the Task Force
Group(Lubbock) for overtime, up to a sum equivalent to 25 percent of the salary of a GS-12, step 1,
1
RUS) Federal employee (currently $18,649.00), per officer. 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 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
litigation,claim, audits and examinations are completed and resolved, or for a period of three (3)
years after termination of this agreement, whichever is later.
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 1.
11. The LPD agrees that an authorized officer or employee will execute and return to DEA the
attached OJP Form 406116, 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 effective from the date in paragraph number one until
September 30, 2020. This agreement may be terminated by either party on thirty days' advance
written notice. Billing 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.
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For the Drug Enforcement Administration:
Clyde E. Shelley, Jr.
Special Agent in Charge
Date: /&J
For the City of Lubl^k:
Daniel Pope, Mayor
Attest:
Rebecca Garza, City Secfreta
Appnoved as to Conten
Jerry Br\ver.^^tenm Chi\f of Police
Approved as
Date: October 8. 2019
John C. Gra^ As^t^ffCify Attomey