HomeMy WebLinkAboutResolution - 2020-R0334 - FY 2021 Task Force Assett Forfeiture Sharing Agreements with DOJ and DEAResolution No. 2020-RO334
Item No. 7.29
September 22, 2020
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 2021 - High Intensity Drug Trafficking Area
(HIDTA) Task Force Agreement, which said Agreement and any associated
documents, including an Asset Sharing Agreement and Certifications Regarding
Lobbying; Debarment, Suspension and Other Responsibility Matters; and Drug -Free
Workplace Requirements, which are attached hereto and made a part of this Resolution
for all intents and purposes.
Passed by the City Council this 22nd day of September , 2020.
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Rebecca Garza, City Secretary
I.[:
Floyd Mitchell, Police Chief
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DANIEL M. POPE, MAYOR
Resolution No. 2020-RO334
FY 2021 Asset Forfeiture Sharing Agreement
HIDTA Task Force Gro tip (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 (tile
"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 County Sheriff s Office/Four (4) officers assigned to the Task. Force
• Lubbock Police Department/Three (3) officers assigned to the Task Force
• Texas Department of Public Safety/One (1) officer assigned to the Task Force
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% 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 %. 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 personnel 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 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)
Eduardo A, Chavez
Special Agent in Charge
Dallas Field Division
For the City of bbock:
Daniel Pope, Mayar
_Att:
rrRebeccaCrrza, C ty ry
Date:
Date: September 22, 2020
Date: September 22, 2020
Approved as to Content:
Date:
Floyd ache-,-, Chief of Police
Date:
U.S. DEPARTMENT OF JUSTICE
{ 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 (Non procurement) 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
As a uir d b e tin 13 T'tie 31 of the U.S. .Code, an
imp�erteenc d a �FR Part 69 r ns e t In into an
r o aefive re me t ove '$�d(���(�, as r�ee#ini at 2e
KI 6P , e appa�anet cer�ifies {hat:
(a) No Federal appropriat funds have been paid or will be paid
y or on behalf of the undersig ed, to any�Ioeyrson for influencingor attem tinto influence an icer or emeeof any agentya MembePr oi Congress, an o i er or empyee of Congress, or
an em to a of a M mb r o E ongress in connection with the
makin� ,� any Fedeera� rant free enteripg 1pto of an
cooperative agreement, an extension, continuation, renewayl,
amendment, or modification of any Federal grant or cooperative
agreement;
(bj f an ds other than Federal a r riated fund tehave.be n
021 uen �� o� cart o an rtPp(osee f ° �aan an enc °rs Ala bin
a �mbssF ou mere°semPco ne°i oa ��ii o a I plo a s
co, erati° are 11 r�he fsilpd°��'fiallc�Oera r�nf o��mtt xxant�aroFm . - .�.�closure or�`�Leo�nb anactivitres, in accordance with its iri trons; y g
The tinder l ne shI re uire that the la u e f this cer-
I c bonin�pAI'0 a in t av� rd documents d� 0 SLIDawaMs at
ecrpantis hran
a9nceerfifearstdgslri hunac°cornin�sluandertllga aR sura-
P Y 9Y
hffN#ARMY
�fiA) Tffl'ON, AND OTHER
s required by Executive Or r �z5 9 barment and
§auspen ion -and limplemented ttransa Rt'AR 6-P Sr �inesdp eT��
�FR Rart7,r�scr�roR7%0
A. The applicant certifies that it and its principals:
(a) Are not presentlF debarred, suspended, proposed Teed
r debar-
mment declared ine I rble, sentenced to a enial oF deral
benefits by a State or ederal cou , or volunfari excluefrom
covered transactions by any Federal department or agency;
b Have nott th' a thr a -yea a lod eced'n t is a I' #ion
e 'en convlcgt�e o Qtrr h� c�Qa civlr Jdr e�,� rent etge�a aI . s� tQ
oartar"ionlnml8a°em °rt al0eoprtaincorrTllret�aomess a In connection wri
9 P 9 P 9
u is (Federal , State,, r lecal) {r� a tlo or t ct undder
ir, transaction;. vio9al of I ede aln o c a� anfitrus
I ees of commission ission f em a emen he o ,
ff at n . or dd s1ructton o recor s makin rYall
sirer�i�nts, or receiving sfoelen property; g
Are riot present) indi t d for or th rwi%F*nninal ) or civil
m a s19 a �aover�i�ceaa�f�ens ' el ueaPm ee N p°araagra�h (�1�)
(b`� o Ris ceRificarWon; and
(d Have not within naF�r�ey�reoriod acecJedingghau apglivatio�
{' d .on r more u i a ins (e era), to e, r oca
errnina a for cans or a au ; an
sfatnmepts in ettff PciCr�I scastion a he or Are'Yshall a2ac�if tan
exp ana ion to this app ica ion.
t�iRANTES OTHERR ANAINDIVIDUALS)
As re uir dtltl b eC Fre W rl�larc�e �°'r#t of 1988, and
tle ina� ar�geZB e Pap T Seectionns b.618' and ��.6 �Ss, as
A uglpeeeapgi apt cc rrtyties that it will or will continue to provide a
(a P b ishin a statt�mI t noti to em I)yYees that the
usea ouli amco�uro�leut�el:utis� �nce°ts' rs I n i 'inplalehl
es ranieegr
wo lace na s ecif in ffi acts a wemployeesaorvicqatio�t oTsuch r ! ii be against
p o�ia tion,
�biiormsemlp� p,%s abo°uf9oing drug -tree awareness program to
(1) The dangers of drugs abuse in the workplace;
(2) The grantee's policy of maintaining a drug -free workplace;
la3s)s s�'aYn�e programs ga�ounsehng, rehabihtatton, and employee
(muse v�O?aooltris thatrnagyin hire eor cepla&on employees for drug
r�Man it a re rt}�ment that each em to ee to engaged i
e�qu ed°by pa agr phi �a rant De given i� c�py of �ie smtement
� Nnotif i n� the , asm�lc°�ncnitlon oitempi�oymenef undrer�ie grant,,
{� ra ra
e �1'oy wl -
OJP FORM 4061/6 (3-91) REPLACES OJP FORMS 4061/2, 4062/3 AND 4061/4 WHICH ARE OBSOLETE.
(1) Abide by the terms of the statement; and DEA/Lubbock Resident Office
�2IApn�ora cn�t�i°�iej, i�swtr use his or rthe wonitciplacerno 5219 68th Street, Suite 401
aer an rveceen ar a sa ersuc con scion; Lubbock, Texas 79424
e Nati in e a e c i writin with' c lendar da s after
eiin rte I Oita e�asu���nra�i'aph �a) taorr� an ert��4o as Check r- �f there are workplace on file that are not identified
r o h s race w a ua nohc jpo q�$euc conv r n. �cl ere.
aptramge eilP& c nwc tf ,o�,s fms� lsfnnlude h�e �enPfl in
waUoH a Stan 67 6I0 gftthestr ulatio�?ns ov des that n ee_�hat i
nu°umSerls) of each a eletlrghYr75a„nt; h cies
ay�e�ecnlo gh� Fooa6� fc�°�a wes a�tdenlP�'g talon
tle rm
sa fnqecevin°f fnoticollouniaerasu�insdr g�aP� 31d)(�Ve d
reVpec°t to any employee who is so convicte� Check r 406117 State has elected to complete OJP Form
L1A Taking ap ro�ri to p� tsor}nel aTlon aealntst such n
req�iirommenl'spo he eiiacbiii(ai�ondcE�o���/3�assamenda;orae � A�,j�� yWypRKPLACE )
HO ARE INDIVIDUALS
Requiririj such emrploveb� �oartic e tisfactoril i� a dru� p�s� re�ucdd bytae Free Wgrltpga� FAcft of 1988, and
vus ses en ede�ale a eaoP� o a ea h"79wr en orcemen , r e ne a 99 �� `�'a eCliorfs�+'%' and gi,�fl�ntees, as
gr HU appropriate agency;
Asa o dition f he gr t.l ertify hat I will not en a e in
(g) Making a good (ail} effort to, contl'nue to maim in a drug- f((ee He unla iu�manu a re, �isthbu f n nsin posse as
workplace through implementation of paragraphs ta), (b), (c), td), mr use plus a entro�a substance in con�iaon a%y a80v1 y wnih
(a), and (f). a gren an
The rante ma insert in t e ace. rovided elow t e ite B. If convinced of a criminal dru offense resulting, from
sl foa tt�e er orm�nce of wor cane A connec ion wi the violation occurnntq during the conduc� of any tgrant activity, # mitt
Pea c graril: report the convic ion, in writing, within 10 ca endar days o the
convict on, to: DeAartment of Justice Office of Justice Programs,
Pcela�ee of Performance (Street address, city, country, state, zip D.C. : Control Desk, 633 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:
City of Lubbock, on behalf of the Lubbock Police Department
1314 Ave. K
Lubbock, Texas 79401
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
Daniel M. Pope, Mayor
5. SignPture ^ 6. Date
September 22, 2020
Resolution No. 2020-RO334
2021 HIDTA STATE AND LOCAL TASK FORCE AGREEMENT
DALLAS FIELD DIVISION
HIDTA TASK FORCE GROUP (LUBBOCK)
LUBBOCK CITY POLICE DEPARTMEMT
This agreement is made this 1st day of October 2020, between the United States
Department of Justice, Drug Enforcement Administration (hereinafter "DEA"), and
the City of Lubbock, on behalf of the Lubbock Police Department ORI# TX1520200
(hereinafter "Lubbock PD"). 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) task force 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) task
force, the Lubbock PD agrees to detail three (3) experienced officers to the HIDTA
Task Force Group (Lubbock) task force for a period of not less than two years.
During this period of assignment, the Lubbock PD officers will be under the direct
supervision and control of DEA supervisory personnel assigned to the task force.
3. The Lubbock PD 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 Lubbock PD 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) task
force, DEA will assign four (4) 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 Lubbock PD 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, the Lubbock PD 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. HIDTA
will, subject to availability of funds, reimburse the Lubbock PD for overtime
payment. Annual overtime for each state or local law enforcement officer is capped
at the equivalent of 25% of a GS-12, Step 1, of the general pay scale for the Rest of
United States. Reimbursement for all types of qualified expenses shall be contingent
upon availability of funds and the submission of a proper request for reimbursement
which shall be submitted monthly or quarterly on a fiscal year basis, and which
provides the names of the investigators who incurred overtime for DEA during the
invoiced period, the number of overtime hours incurred, the hourly regular and
overtime rates in effect for each investigator, and the total cost for the invoiced
period. Invoices must be submitted at least quarterly within 10 business days of the
end of the invoiced period. 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 Lubbock PD charge any indirect cost rate to DEA for the
administration or implementation of this agreement.
8. The Lubbock PD 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 Lubbock PD 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 Lubbock PD shall maintain all such reports and records until all
litigation, claim, audits and examinations are completed and resolved, or for a period
of six (6) years after termination of this agreement, whichever is later.
10. The Lubbock PD 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 Lubbock PD agrees that an authorized officer or employee will execute and
return to DEA the attached ON Form 4061/6, Certification Regarding Lobbying;
Debarment, suspension and Other Responsibility Matters;. and drug -Free Workplace
Requirements. The Lubbock PD 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 Lubbock PD shall clearly state: (1) 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. HIDTA, through DEA, will furnish mobile radios for installation in the HIDTA
Task Force vehicles and HIDTA will assume the costof installation and removal.
14. While on duty and acting on task force business, the Lubbock PD officer
assigned to the HIDTA task force shall be subject to all DEA and federal
government rules, regulations and procedures governing the use of OGV`s for home
to work transportation and for personal business. The HIDTA Executive Committee
acknowledges that the United States is liable for the actions of task force officer,
while on duty and acting within the scope of their federal employment, to the extent
permitted by the Federal Torts Claim Act.
15. The term of this agreement shall be effective from the date in paragraph number
one until September 30, 2021. This agreement may be terminated by either party on
30 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.
HIDTA will be responsible only for obligations incurred by Lubbock PD during the
term of this agreement.
For the Drug Enforcement Administration:
Date:
Eduardo A.Chgvez
Special Agent in Charge
Title
For the City of bbock:
Daniel Pope, Mayor
At st: /
V
RebeccAWrza, tySecre ary
Approved as to Content:
4N;6hefl, ihier of Pol?�
ice
Date: September 22, 2020
Date: September 22, 2020
Date: 9 —s'
Date: