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HomeMy WebLinkAboutResolution - 2019-R0371 - DEA For 2020 State & Local Task Force Agreement - SURGE Program - 10/08/2019 (2)Resolution No. 2019-R0371 Item No. 6.17 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 — SURGE Program, 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 October 2019. DANIEL M. POPE, MAYOR ATTEST: X02& J-A hc Rebe a Garza, City Se etai AP OVED AS TO LATENT: Jerry D. ew r., Police b ' f APPROVED AS TOFOR John .'G e As ' sJ/ tity ttorney ylcity ttlCCD CS ES.L.PD-HA-SURGL.2020.doc Resolution No. 2019-RO371 2020 State & Local Task Force Agreement — Program Funded SURGE Dallas Field Division Task Force Group (Lubbock) Lubbock Police Department This agreement is made this 151 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 one 1)experienced officer to the Task Force Group (Lubbock) for a period of not less than two years. During this period of assignment, the LPD officer will be under the direct supervision and control of DEA supervisory personnel assigned to the Task Force. 3. The LPD 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 LPD officer assigned to the Task Force shall be deputized as a Task Force Officer 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 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 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 LPD officer assigned to the 1 Task Force for overtime, up to a sum equivalent to 25 percent of the salary of a GS-12, step 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 I. 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. 2 For the Drug Enforcement inistration Clyde E. Shelley, Jn Special Agent in Charge Date: /O/^/ // For the City of Lahbock: Daniel M. Pope, Mayor Date: October 8, 2019 Attest: Rebedca Garza, City Secret Approved as to Content: Jerry Bre^r, Ij^nm Chief office Approved as to Form: John C. Gjface,As^tant Ctty Attorney