HomeMy WebLinkAboutResolution - 1206 - Agreement - DEA - Task Force Program - 09_09_1982SEP 9 lot?
RESOLUTION 1206 - 9/9/82
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RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock an Agreement
between the City of Lubbock, Texas and the Drug Enforcement Administration,
attached herewith which shall be spread upon the minutes of the Council and as
spread upon the minutes of this Council shall constitute and be a part of this
Resolution as if fully copied herein in detail.
Passed by the City Council this 9th day of September ,1982.
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BILL McALISTER, MAYOR
ATTEST:
Ebelyn Ga-Ffga, City Sedir!l �/ ry-Treasurer
APPROVED AS TO CONTENT:
J. ley, Chief q9 Police
APPROVED AS TO FORM:
Ken Johngbn, Assistant City Attorney
RESOLUTION 12o6 - 9/9/82
AGREEMENT , &T SECRETARY -TREASURER
This agreement made this the 26th day of August, 1982, between
the City of Lubbock, Texas, hereinafter called the City of Lubbock
and ythe Drug Enforcement Administration, hereinafter called DEA.'
WHEREAS, there is evidence that trafficking in narcotics and
dangerous drugs exists and that such illegal activity has a sub-
stantial and detrimental effect on the health and general welfare
of the people of Lubbock, Texas.
WHEREAS, the parties hereto are desirous of agreeing, for their
mutual benefit, to provide for the operation of a DEA Task Force
within the City of Lubbock for the purpose of cooperating in the
investigation, institution and prosecution of cases before the Courts
of the United States and the District Courts of the State,of Texas
involving narcotics and dangerous drugs.
WHEREAS, the DEA Task Force Program is a proven method of de-
tecting and combatting the problem of narcotics and dangerous drugs
abuse.
WHEREAS, the DEA proposes to provide necessary funds and equip-
ment and the City of Lubbock is desirous of securing funds and equip-
ment for the purpose of participating in the DEA Task Force Program.
NO64; THEREFORE, in consideration of the mutal covenant herein-
after contained, the parties hereto have agreed as follows:
(1) City of Lubbock will, with its own law enforcement per-i
sonnel and with contract employees, as hereinafter specified, per-
form the activities and duties as described below:
(a) gather and report intelligence data relating to
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the trafficking in narcotics and dangerous drugs;
(b) investigate and report instances involving the
trafficking in narcotics and dangerous drugs;
(c) conduct undercover operations.where appropriate
and engage in such other traditional methods of investi-
gation in order that the DEA Task Force's activities re-
sult in effective prosecution before the courts of the
United States and the District Courts of the State of
Texas;
(d) cooperate with DEA to provide law enforcement and
prosecutorial personnel with specialized training nec-
essary to accomplish the objectives of the Task Force
Program.
(2) DEA is to have direct management over the manner, method
or details of performance and over the selection, direction or re-
moval of law enforcement personnel and support personnel assigned
to the Task Force. The City of Lubbock agrees to detail four
experienced officer(s) to the Drug Enforcement Administration/City
of Lubbock Joint Task Force for a period of not less than one year.
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During the period assignment, the four officer(s) will be under
the direct control and supervision of DEA supervisory personnel '
assigned to the Joint Task Force.
All four• officers assigned to the Joint 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 Joint Task Force.
Officers of the City of Lubbock detailed to the Drug Enforce-
ment Administration/City of Lubbock Joint Task Force are detailed
to DEA pursuant to the Intergovernmental Personnel Act (IPA) (5
U.S.C. 3374). Officers so detailed under the IPA are considered
to be employees of the United States only for purposes of:
a. Chapter 73 of Title 5,"U.S.C.
b. Certain enumerated sections of Title 18, U.S.C. relating
to: conflicts of interest (Sec. 203, 205, 207, 208, and 209);
political contributions (Sec. 602, 601r' 606, and 607); embezzlement
of funds or property (Sec. 643, 654); disclosure of confidential
information (Sec. 1905); and lobbying with appropriated monies
(Sec. 1913). Copies of these sections are attached.
C. The use and operation of government vehicles (31 U.S.C.
-Sec. 638a).
d. The Federal Tort Claims Act and any other federal tort
liability statute. In this case, any local police officer sued
under a federal tort liability claim, as a result of Task Force
related activities, will receive the same representation and cover-
age by the Justice Department which is accorded any Special Agent
of DEA.
Where an officer is injured or dies as a result of injuries
sustained while performing Task Force related operations, he (or#
his dependents in the case of death) is entitled to receive the
same benefits that a Special Agent would receive, including pay-
ment of�funeral and burial expenses, compensation for dependents
first aid and medical care, and compensation for temporary or
permanent total disability or partial disability.
Where, however, the officer is also entitled to benefits from
the state or local government for the same injury or death, an
election of benefits must be made, within one year from the date
of injury or death, by the officer or his estate. He can claim
only one form of benefits.
The City of Lubbock agrees that its officers detailed to the
DEA Joint Task Force may be deputized as federal enforcement officers
pursuant to applicable federal and Texas state law.
(3) DEA will provide the City of..Lubbock with $48,368.67
(estimated). out of its FY 1983 annually appropriated funds to be
provided on a quarterly basis, or any continuing resolution thereof,
to support personnel participation as contained inthe budget material
(Exhibit A) attached hereto and made a part of this agreement. The
-first quarterly advance of the appropriations will be forwarded to
the City of Lubbock during the month of October, 1982. Subsequent
quarterly advances will be made during the first month of the follow-
ing three quarters of fiscal year 1983. No Task Force funds may be
used to buy insurance for employees. The City of Lubbock will sub-
mit monthly"documentation to support payment made to personnel
supported, with a copy of the disbursement voucher showing payments
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made to each employee. Copy of proposed letter to transmit monthly
documentation is attached as Exhibit B. The City of Lubbock will'
submit this monthly documentation to the Special Agent -in -Charge,
Dallas Division, 1880 Regal Row, Dallas, Texas 75235. In the event
overpayment was made during any quarter, this overage will be de -
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ducted from the next quarter advancement except for the last quarter
of the fiscal year. Any overpayment made during the last quarter
will be returned by the City of Lubbock to the Drug Enforcement Ad-
ministration at the close of that quarter. Any short payment made
in the quarterly advancement will be corrected and thg additional
funds submitted with the quarterly advancement for the subsequent
quarter. In the event of a shortage in the fourth quarter advance -
menu, the City of Lubbock will notify the Drug Enforcement Admini-
stration with supporting documentation,--. timely, so that payment can
be made from current fiscal appropriations.
(4) City of Lubbock law enforcement officers are to be paid
overtime not to exceed 40 hours per month or 120 hours per calendar
quarter at a rate of one -and -a -half times their base salary rate,
including retirement benefits for paid overtime. Time and attendance
reports for officers will be submitted on Exhibit C and certified
'by the DEA Task Force supervisor prior to submission to the Lubbock
Chief of Police for payment.
(5) City of Lubbock shall assign one support employee to
adequately support the activities of the Task Force. The employee
will be paid every two weeks at rates established by the City of
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Lubbock based on time and attendance reports submitted on Exhibit
D and certified by the DEA Task Force supervisor. The cost of
salaries and F.I.C.A. for support employee will be reimbursed by
DEA. Cost -of living increases and salary rates will be based on
salary rates paid to other City of Lubbock employees. Accrual of
annual and sick leave will be the same as for City of Lubbock em-
ployees. Support personnel on board as of September 30, 1982, will
be retained and new replacements will be hired by the City of Lubbock
with the approval of the Special Agent -in -Charge, Dallas Division';
DEA. Their hours of work will be determined by the DEA supervisor
of the Lubbock Task Force and will constitute eight hours per day
and forty hours per week of work, not including lunch breaks.
(6) Costs for local travel, equipment, supplies, payments to
informants and other operating costs will be paid directly to employees
by DEA. DEA will supply one vehicle for each officer assigned full-
time to the Task Force, to be used for official use only.
(7) Any and all property, equipment, automobiles, furniture,
furnishings, of whatever kind and description, purchased or acquired
with DEA funds shall be the property of DEA, and at the termination
of this agreement and no new agreement, shall be delivered to the
nearest District Office of DEA. In addition, if any of the property
purchased or acquired or loaned under this agreement is damaged,
broken, misplaced, lost or stolen, through negligence or wrongful
act by City of Lubbock employees; it shall be repaired or replaced
as the case may be by the City of Lubbock. The same applies to
DEA personnel regarding property owned by the City of Lubbock and
on loan to the Task Force.
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(8) In no event will the City of Lubbock charge an indirect
cost rate to DEA for the administration or implementation of this
agreement during the term thereof. ~
(9) City of Lubbock shall maintain on a current basis, complete
and -ccurate investigative reports, records and accounts of all obli-
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gations and expenditures of funds under this agreement in accordance
with generally acceptable accounting principals and instructions pro-
vided by DEA to facilitate onsite inspection and auditing of such
records and accounts.
(10) City of Lubbock shall permit and have readily available
for examination and auditing by DEA, the United States Department
of Justice, or the Comptroller General of the United States, or any
of their duly authorized agents and representatives, any and all
reports, records, documents, accounts,.invoices, receipts, or ex-
penditures relating to this agreement. In addition, the City of
Lubbock will maintain all such foregoing reports and records until
all audits and examinations are completed and resolved, or for a
period of three (3) years after termination of this agreement,
whichever is sooner.
(11) City of Lubbock will comply with Title VI of the Civil
Rights Act of 1964 and all requirements imposed by or pursuant to
the regulations of the Department of Justice (28 C.F.R. Part 42,
Subparts C and D) issued pursuant to Title VI relating to descrimin-
ation on -.the grounds of race, color, creed, sex, age or national
origin and equal employment opportunities.
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(12) The term of this agreement shall be from October 1, 1982
to September 30, 1983. The term of this agreement may be terminated
by either party for good cause shown by notice in writing given to
the other party thirty (30) days prior thereof. All obligations
that are outstanding on the above -prescribed termination date or on
A.
the date of any thirty (30) day notice of termination shall be
liquidated by the City of Lubbock within ninety (90) days thereof
in which event DEA will only be liable for obligations incurred by
the City of Lubbock during the term of this agreement. In no event
shall the City of Lubbock incur any new obligations during the period
of notice of termination. City of Lubbock shall return to DEA all
unexpended funds forthwith after the nintey (90) day liquidation period.
IN WITNESS WHEREOF, the parties have executed this agreement
in triplicate the day and year above written.
B1 1 McAlister, Mayor Attest: Evelyn
City Secretary
46,depth—Fieger, Sp cial A nt-
in Charge, Dallas Division
Approved as to Content: Approved as to Form:
CXJ.—V.-.Alley. Chief of olice ^ "-na Asst. City Attorney
EXHIBIT A
BUDGET SUBMISSION, FY 83
C
Task Force Lubbock Texas Dallas
City (State) (Field Division)
Estimated Funding , $48,368.67
1. State/Local Officers
Number of Officer = 4
Total yearly overtime salary = 30,796.80
2. Support Personnel
Number of secretarys to investigators 1
Yearly salary = 13,563.12
3. A. State/Local Fringe Benefits (Officers)
.10% of yearly overtime salary (Retirement) = 3,079.68
B. Support Personnel Fringe Benefits (Secretary)
6.85% of yearly salary (F.I.C.A.) 929.07
GRAND TOTAL $48,368.67
LUBBOCK RESIDENT OFFICE
DEA TASK FORCE SALARY & OVERTIME RATES
FISCAL YEAR 1983
October, 1962 - September, 1983
2 O fifer $15.05 X 40 hours = 1204.00
1 Officer @ $16.28 X 40 hours = 651.20
1 Officer @ $17.78 X 40 hours = 711.20
$2566.40 2566.40
10% T.M.R.S. (Retirement) 256.64
Monthly Total $2823.04
12 months X $2,823.04 per month =
0
$33,876.48
TOTAL OFFICERS' SALARIES $33,676.46
TOTAL SECRETARY'S SALARY 14,492.19
GRAND TOTAL $48,368.67
LUBBOCK RESIDENT OFFICE
DEA TASK FORCE SALARY & OVERTIME RATES
FISCAL YEAR 1983
PAGE 2
Secretary's Salary
October
68 hours X 6.30 per
hour =
6.85% F.I.C.A.
October Total
November
176 hours X 6.30 per
hour =
6.85% F.I.C.A.
November Total
December
184 hours X 6.30 per
hour =
6.85% F.I.C.A.
December Total
January
168 hours X 6.30 per
hour =
6.85% F.I.C.A.
January Total
February
160 hours X 6.30 per
hour =
6.85% F.I.C.A.
February Total
March
184 hours X 6.30 per
hour =
6.85% F.I.C.A.
March Total
April
_168 hours X 6.69 per
hour =
6.85% F.I.C.A.
April Total
May
176 hours X 6.69 per
hour =
6.85% F..I.C.A.
May Total
June
176 hours X 6.69 per
hour =
6.85% F.I.C.A.
June Total
1058.40
72.50
1130.90
1,130.90
1108.80
75.95
1184.75
1,184.75
1159.20
79.41
$1238.61
1,238.61
1058.40
72.50
1130.90
1,130.90
1008.00
69.05 `
$1077.05
1,077.05
1159.20
79.41
$1238.61
1,238.61
1123.92
76.99
$1200.91
1,200.91
1177.44
-80. 65
1258.09
1,258.09
1177.44
80.65
$1258.09
1,258.09
0
LUBBOCK RESIDENT OFFICE
DEA TASK FORCE SALARY & OVERTIME RATES
FISCAL YEAR 1983
PAGE 3
July
168 hours X 6.69 per
hour = 1123.92
6.85% F.I.C.A.
76.99
1200.91
1,200.91
July Total
August
184 hours X 6.69 per
hour = 1230.96
6.85% F.I.C.A.
84.32
August Total
$1315.28
1,315.28
September
76 hours X 6.69 per
hour = 1177.44
6.85% F.I.C.A.
80.65
September Total
$1258.09
1,256.09
TOTAL SECRETARY SALARY
$14,492.19
a
EXHIBIT B
CITY OF LUBBOCK
LUBBOCK, TEXAS
Date
To: Special Agent -in -Charge
Dallas Field Division
Drug Enforcement Administration
1880 Regal Row
Dallas, Texas 75235
Attached for reimbursement are copies of vouchers covering salary
payments made to Lubbock Task Force employees for the period
Sincerely;
Signature and Title of
Authorized Official
AUO Hours for Pay Period d From to
Date
Secre'tar •
1 1
2
3 4 5
6
7
8 9
10 11 i 12
13 14 15 TOTAL
i
' 1
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
i
Using the code letters shown below, insert daily hours and pertinent code letter for each day.
W - Worked Hours Worked
H - Holiday Holiday
S - Sick Leave, Sick Leave Taken
A - Annual Leave Annual Leave Taken
C - Compensatory Time Worked Compensatory
I Certify that the reported information is correct.
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Employee Signature Date Supervisor Date
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0"10NAL ►O11M NO. 10
J UL. 1S73 [DIIION EXHIBIT D
GSA ►►M11 141 CINI 101.11.0
UNITED STATES GOVERNMENT
Memorandum'
TO Ed Mazurek, RAIC DATE:
Lubbock Task Force
FROM
A
SUBJECT: Overtime Hours Worked During Month of
During the Month of I worked a total
of overtime hours. My overtime pay scale with
the Lubbock Police Department is This
brings my total payment for the month to
I understand that I will receive no more than 40 hours
compensation per month.
APPROVED AND FORWARDED:
Ed Mazurek
Resident Agent -in -Charge
f
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