HomeMy WebLinkAboutResolution - 2020-R0335 - 2021 SURGE Asset Forfeiture Sharing Agreement, DOJ and DEAResolution No. 2020-RO335
Item No. 7.30
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 — SURGE - Asset Forfeiture Sharing
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.
DANIEL M. POPE, MAYOR
� ��_1A _
Rebecca Garza, City Secretary
APPROVED AS TO CON
Floyd %tcfiell, Police Chief
.doc
Resolution No. 2020-R0335
FY 2021 Asset Forfeiture Sharing Agreement
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 (the
"Participants"), of the DEA Task Force Group (Lubbockj , (the "Task Force"), hereby agree to the
following terms and conditions of this Memorandum of Understanding ("MOU") governing the 'risk
Force's equitable sharing requests and participation in the United States Department of Justice
("DOJ") Equitable Sharing Program.
Tile Following are the Task Force Participants and their contribution to the Task Force:
• Lubbock Police Department/Three (3) officers assigned to the Task Force
• BrownfieId Police Department/One (1) officer assigned to the Task Force
• Lubbock County Sheriff's_ 0ffice/Two (2) officers assigned to the Task Force .
• ' Texas Attorney General's Office%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, inckiding 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. Tile
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 -MO U
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 shalt 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 ubbock:
Daniel Pope, Mayo
Attt:
Rebecca Garza, City Secretary
Date:
Date: September 22, 2020
Date: September 22, 2020
Approved as to Content:
koydchelf, Chief of Police
Date: ;?G
Date: %—`/-Zvzv
U.S. DEPARTMENT OF JUSTICE
i r 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, "Govemment-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 uI (Federal . State , qr local) tra a do or c t ct under,
5 transaction; . 1�tolatlon of ederal o a� anfitrusAs a uir d b e 13 T'tle 31 of the U.S..Code, an iees o� ifi�ommission f em a emen he o
impfetrien� d a� Part 9 r ns e t rn into q�an ffa s at oa , or dd s1ructror o recore s, making r?69 #
r o a�{ive re me t ove '$��U u as �eefine�t at 2� Zi NG en��nts, or receiving sid en property;
far 9?,1 a app1fan� c641 es trhat:
Are of present) indi t d for or th rw c minas[[ or civil
a No Federal app opriat funds have been paid or will be paid, char ed aficarVan;
over�i n�#aei ntlt (�edere t me or Kcal d,
ON on behalf of t fie undersigned, to any person for influencing cam irhssro�i aao �e of ens�s enumera�ec� R paragra h 1)
o attemptin to influence an officer or em loyee f any agency, �b°� o is ce i and
a Member oll Congress, an officer or emp�oyee a Congress, or
an em Io a of a M mber of Congress in connection with the
makin any Fedperal grant the enterip ilito of any d� Have not within a 11ree}-� ear period a ding hi ap li atio
ceope ative agreement, an exfensio , contrn anon, renew I,erminaec�rfomc°aus� or idcefau7ts ari�nse°deral, Sttae, gr °loca�}
amendment, or modification of any Fe�eral grant or cooperative
agreement; b�
sfat�mes in ethasppMITcastion a lie o°r sFiet�shall aaac�f tanb��ii if an ff ds ofhher than Federal a riated fundlQhav {�.be n exp ana ion to this apion.
�iuen ii >i o�, �cart o a e�r��o`syee for n � a eng °ra Nle 6e1� O
a `l�am6�si• o7 COne�oeml�co�ne°t%°n�re �� o a eTPogloying
10 a o� DRUG -FREE �pR L,o,�E
FARco Qrate argnesl �he ersn� q'edh 'fiall c�Oer�iXanan� (;RANTEES OTHER AN INDIVIDUALSu ��,, t x�ant�aofm - ��� sclosure o)
T es,'� in accordance with its inttruc Ions; As re uir d b e p u -Fre W r lace ct of 1988 and
deine�ea�e Part7�e�ctlons1 b' andTfts, as
The underli ned shall re uir that the lap ua a pf this cer-
I cation b in�l Pad in tpe a rdedocs ments t Tl�subawards as 1 e a I a t c rtiires that it will or will continue to provide a
a iers. iinc u in s grans on tact un r r nt a drug -tree r�Cp�aceUy:
rce°crpientts Shapre fIjE �sclosue�accordingcs� aped tf�a a€� sue-
p R TY Y
a P b ishin a stat m t noti in em to ees that the
awri� ma+�i fatude �is nnbution,Is ntsi ,. ssessior� gr
use o a co roe rsu se nce is r i i e in h ran �e
wo�� lace n� s eci In s act)o fQ wi e a�Cer� s
fflION, AND OTHER pf y n b ><n against
f §009V,x j ` employees ees or violation o sac pro i Ition;
fts required b ecutive Or r 1254g, barment and
spe nsi n, andrim emen�ted catransactions, 6- 0dep e�a{ �
M N. I ,,7,%aciion%7r??
A. The applicant certifies that it and its principals:
(a) Are not present) , debarred, suspended, proposed for debar-
ment declareSd me�igible, sentenced to a jenial o� F deral
enetits y a tale or Federal cou , or voluntan exclu ede#rom
covered transactions by any Federal department or agency;
W?ormst&mlpjohs abgufgoing 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;
d A available dru c unseling, rehabilitation, and employee
srs%Ynce programs; gang
The �gr}alties taut ma . brimpo&ec� u&on employees for drug
use v o a ions o curr[ng�in a wo p a ,
ll Ma in it a re rt�ment that each employee to a en ed i
b� Have niovv�'thn a th a -yea a Iod reced�n�t�is ap�lct n `h°� iroedobtrlance� h rantbegiven cpy ofhe st�a�meni
en COm sc on of rrahad a ai crM111it% & r In conl�aciion will �e Y paragrap �a?;
o�ta°ining, a�empting o a tain, or per a
tine Nnot °yr � wtth - em toe in tthe ymeatem u a fired b
ra ra th et, as aPcc>Yn�Pition ofempi�oymenei under�ie grant,,
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
(ri la onto aecnmr iri°eYadrug s�r u o°c ursrin� rthe°worn pace no 5214 68th Street, Suite 901
aer han ivecaan arda sa tsuc con scion; Lubbock, Texas 79424
((e Noti in the a e�c�y, Ir6writin with' c lendar da s after
to iren notice a su ra 'aphyy�a) roc% an errrplo en.e Check I- K there are workplace on file that are not identified
rovil
gf I
osittione nP rev a 4 �' e� ha7lstnc�u�e�tmhetli�enflficonvi�cahocd a a e ma e e a o cerji o m, t ah p3 ger oa
ol4j,am �D Cy' 333iProj"htTot'F h include a e u k] Srsr{ti�n 67t,6�0 gf��tthe r ulations ov�des.that g n erj 15t it
numer�s�of each a cted gran rrea6�pAeacop�^gvys"o �� ie mc��aeias atndeiate p�gernCies
may a c�(`'�(''e'I use a OrMWIIN.
�a sain4ecervin°f notifolloU^i�erasupq^a� g�aPn 3(d)(Vewlfr
(Mpseecc to any employee w��hrr��o is so convieta 11
ro2elq�iir�menispoaking fthe�ReitQsrYliilRa�iO e7�cr�'?ffi3 anssamended�thho��e
gU �ieaeppropr�iate asequirin
suc g�nc �e'aoPO�oca�nea haRaw en orccement;
(c 1 �lp�king a goo9� (aif] effort to, coot#oparagraphsus 1maint�i� ��ry99� f{e�
r ace thr u impementation o a b , c , d ,
(a), and (f).
Check r if the .State has elected to complete OJP Form
(t3RUANTEE5 WHO ARE INDIVIDUALS)
As le eir�dd b�( �j eC bu Frte�7Wtrlip�laacleM of 19?es as
rSsiine� ai � CF9 S6ectiorfs ++��. SS avid b�f/.�L�
A. Asa o dition f� uhe gr n I ertify t1hat I will nopt en a e in
re 9 el o a� onfro ed sdb fanre�iinn'co�neiiian�naphy a°c 1veil�y�wiih
The rantu me inse in tlke ccace.Rrovided ielow t o its B. �( convincQd of a cr ttnninal dru� o�fense resulting, from
s fort tfae me orm nce o wor ne i conne ion wi the viola io occurrtn dugng ipe conduc, o any rant activity, I wit
{�eci is gra report (�e convction, in wr,ting, yvithtn 10 ca endar da S of the
convection, to: Department of Justice, Office oJustice Pro rams,
Eolr of Performance (Street address, city, country, state, zip D C 2053jntrol 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. Signature 6. Date
September 22, 2020
Resolution No. 2020-R0335
2021 SURGE PROGRAM - FUNDED STATE AND LOCAL TASK
FORCE AGREEMENT
DALLAS FIELD DIVISION
TASK FORCE GROUP (LUBBOCK)
LUBBOCK POLICE DEPARTMENT
This agreement is made this 111 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 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 Lubbock PD agrees to
detail one (1) experienced officerto the Task Force Group (Lubbock) for a period of not less
than two years. During this period of assignment, the Lubbock PD officer will be under the
direct supervision and control of DEA supervisory personnel assigned to the Task Force.
3. The Lubbock PD 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 Lubbock PD 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 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. DEA 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 audits and examinations are completed and
resolved, or for a period of six (6) years after termination of this agreement, whichever is
sooner.
10) The Lubbock PD shall comply with Title V1 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.
I I) The Lubbock PD agrees that an authorized officer ore mployee 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 Lubbock PD
acknowledges that this agreement will not take effect and no Federal funds will be awarded to
the Lubbock PD 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 in part with Federal money, the
Lubbock PD 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, 2021. 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 Lubbock PD during the term of this agreement.
For the Drug Enforcement Administration:
Date:
Eduardo A. Chavez
Special Agent in Charge
Title
For the City of Lubbock:
Daniel Pope, Mayor
Art r"A
Pekfcca Garza, City Secretary
Date: September 22, 2020
1. $ -u6 1 1
Approved as to Content:
Date: 7 u
Floyd Atchell, Chie of Police
Approved as to Form:
Date:
John . Gr c , i a ity ttorney