HomeMy WebLinkAboutResolution - 2019-R0374 - DEA For The 2020 - High Intensity Drug Trafficking Area Task Force Agreement - 10/08/2019Resolution No. 2019-RO374
Item No. 6.13
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) 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 October 2019•
DANIEL, M. POPE, MAYOR
ATTEST:
RebeKa Garza, City Secr to
AP ,ROVED AS TO CO TENT:
Jerry D Brc •, Jr., Police Cli
Resolution No. 2019-RO374
2020 State & Local Task Force Agreement — HIDTA
Dallas Field Division
HIDTA 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 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 HIDTA 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 HIDTA Task Force Group (Lubbock), the LPD agrees to
detail three (3) experienced officer(s) to the HIDTA 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 all 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 USC 878.
5. To accomplish the objectives of the HIDTA Task Force Group (Lubbock), DEA will assign
two (2) Special Agents to the task force. HIDTA 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 HIDTA Task Force Group (Lubbock), the LPD will
remain responsible for establishing the salaries and benefits, including overtime, of the LPD
officers assigned to the task force and for making all payments due them. HIDTA will, subject to
availability of funds, reimburse the LPD for overtime payments made by it to the LPD officers
assigned to the HIDTA Task Force Group (Lubbock) for overtime, up to a sum equivalent to 25
percent of the salary of a GS-12, Step I (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 4061/6, 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 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 part with federal money, the LPD
shall clearly state: (I) 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 program or
project.
13. The term of this agreement shall be effective from the date in paragraph number one until
September 30, 2020. This agreement maybe terminated by either party on 30 days advance
written notice. Billing for all outstanding obligations must be received by DBA within 90 days of
the date of termination of this agreement. HIDTA will be responsible only for obligations
incurred by LPD during the term of this agreement.
For the Drug Enforcement Administration:
Clyde E. Shelley, Jr.
Special Agent in Charge
/om-f
Date: (
For the City ofLubbock:
Daniel Pope, Mayor
Date: October 8. 2019
Attest:
Rebecca Garza, City Secretary
Approved as to Conte
Jerry BireW|
Interim Chief of Police
Approved as to Fqpm:
John C. Grace, A^asistantQfty Attorney