HomeMy WebLinkAboutResolution - 1474 - Agreement - DEA - Task Force, LPD - 09_08_1983RESOLUTION 1474 - 9/8/83
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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
(DEA) for the payment of overtime to Lubbock Police Officers assigned to
DEA, the full-time salary for a secretary and the payment of appropriate
fringe benefits to the City employees assigned to bEA, 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 8th day o September , 1983.
_.ATTEST:
Evelyn Gaf fga, Cit3r S'K'
APPROVED AS TO CONTENT:
Carrol G. Barft6y,
APPROVED AS TO FORM:
ary-Treasurer
t Chief lof Police
I—e-W 0"4n4:c�
Ken Joh son, Assistant City Attorney
RESOLUTION 1474 - 9/8/83
.-rry r,•r RIIJARYJREASURER
AGRM =
This agreement rude this the 8th day of September, 1983, between the City
of Lubbock, Texas, hereinafter called the City of Ixibbock and the 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 substantial 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 detecting and
ccr,batting the problem of narcotics and dangerous drugs abuse.
WHEREAS, the DEA proposes to provide necessary funds and equipment and the
City of Lubbock is desirous of securing funds and equipment for the purpose
of participating in the DEA Task Force Program.
NCi1, THEREMRE, in consideration of the mutal covenant hereinafter contained,
the parties hereto have agreed as follows:
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WIZNESSE'IH
(1) City of Lubbock will, with its own law enforcement personnel and
with contract employees, as hereinafter specified, perfoni the activities and
duties as described below:
(a) gather and report intelligence data relating to 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 investigation in order that
the DEA Task Force's activities result 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 necessary to acearplish 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 removal 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 Ad-
ministration/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 Enforcement
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); Eolitical contributions
(Sec. 602, 603, 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 coverage by the Justice Department which is accorded any
Special Agent of DEA.
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Where an officer is injured or dies as a result _,t injuries sustained
while performing Task Force related operations, h` (o, his defx-ndents in the
case of death) is entitled to receive the same benefits that a Special Agent would
receive, including payment of funeral and burial expenses, ocnVensation for de-
pendents first aid and medical care, and compensation for tenporary or permanent
total disability or partial disability.
Where, however, the officer is also entitled to benefits fram 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
Fbroe shall be deputized as Special Deputy United States Marshals.
(3) DEA will provide the City of Lubbock with $ 51,286.18 (estimated) out
of its FY 1984 annually appropriated funds to be provided on a quarterly basis,
or any continuing resolution thereof, to support personnel participation as con-
tained in the budget material (Exhibit A) attached hereto and made a part of this
agreement. 7he first quarterly advance of the appropriations will be -forwarded
to the City of Lubbock during the month of October, 1983. Subsequent quarterly
advances will be made during the first month of the following three quarters of
fiscal year 1984. The City of Lubbock will submit mmthly documentation to support
payment made to personnel supported, with a copy of the disbursement voucher
showing payments made to each employee.. Copy of proposed letter to transmit
monthly documentation is attached as Exhibit B. 7tm City of L 1bock will
submit this monthly documentation to the Special Agent -in -Charge, Dallas
Division, 1880 Regal Row, Dallas, Texas 75235.
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In the event overpayment was made during any quarter, this overage will be
deducted from the next quarter advancement exc. upt for t::e 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 Administration at
the close of that quarter. Any short payment made in the quarterly ad-
vaneanent will be corrected and the additional funds suLru tted with the
quarterly advancement for the subsequent quarter. In the event of a shortage
in the fourth quarter advancement, the City of Lubbock will notify the Drug
Enforcement Administration with supporting documentation, timely, so that
payment can be made fran 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 overture. Time and attendance reports for officers will be submitted
on Exhibit C and certified by the DEA Task Force supervisor prior to subnassion
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 ergloyee will be paid every
two weeks at rates established by the City of Lubbock based on time and attendance
reports submitted on Exhibit D and certified by the PEA Task Force supervisor.
The cost of salaries, F.I.C.A., and other normal payroll costs including, but
not limited to, retirement, health insurance, and group life insurance, 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 onployees. Support personnel on board as of September 30, 1983,
will be retairie-,:► aL,- ruAv --eplacesmnts will be hired by the City of Lubbock
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with the approval of the Special Agent in -Charge, Dallas Division, DEA.
Their hours of work will be determined by the DEA L,-pervisor of the Lubbock
Task Force and will constitute eight hours per day and forty hours per
week of work, not including lunch breaks.
(6) Cbsts for local travel, equipment, supplies, payments to informants
and other operating costs will be paid directly to txiployees by DEA. DEA
will supply one vehicle for each officer assigned fulitime 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.
(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
accurate investigative reports, records and accounts of all obligations and
expenditures of funds under this agreement in accordance with generally acc-
eptable accounting principals and instructions provided by DEA to facilitate
onsite inspection and auditing of such records and accounts.
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(10) City of Lubbock shall permit LA have readily available for ex-
amination and auditing by DEA, the United States Department of Justice, or
the Oamptroller General of the United States, or any of their duly authorized
agents and representatives, any and all reports, records, docmrnents, accounts,
invoices, receipts, or expenditures relating to this agreement. In addition,
the City of Lubbock will maintain all such foregoing reports and records until
all audits and examinations are capleted 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 descrimination on the grounds of race, color, creed, sex,
age or national origin and equal employment cpportunities.
(12) 'Ihe term of this agreement shall be from October 1, 1983 to
September 30, 1984. 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 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 termina-
tion. City of Lubbock shall return to DEA all unexpended funds forthwith after
the ninety (90) day liquidation period.
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IN WIVESS WHUMF, the parties have executed this agree ent in
triplicate the day and year above written.
91 Fieger, 6136cial ent
in Charge, Dallas Di ion
Approved as to Content:
4,
-��
J. NiCholS,
Chief of Police
Q'
A test: EVO yr .,affga
City Secretary,
Approved as to Form:
Ken J ,
Asst. City Attorney
EXHIBIT A
BUDGET SUMISSION, FY 84
Task Force Lubbock Texas
(City) (State)
Estimated Funding
1. State/Local Officers
Number of Officer = 4
1btal yearly overtime salary =
2. Support Personnel
Number of secretarys to investigators = 1
Yearly salary =
3. A. State/Local Fringe Benefits (Officers)
10% of yearly overtime salary (Retirement) _
B. Support Personnel Fringe Benefits (Secretary)
Dallas
(Field Division)
$51,286.18
32,313.60
12,882.10
3,231.36
2,859.12
$51,286.18
LUBBOCK RESIDENT OFFICE
DEA TASK FORCE SALARY & OVE RTT ME RATES
FISCAL YEAR 1984
OFFICERS' SALARIES
October, 1983 - September, 1984
2 Officer @ $15.74 X 40 hours = 1259.20
1 Officer @ $t7.09 X 40 hours = 683.60
1 Officer @ $18.75 X 40 hours = 750.00
$2692*82692.80
269.28
TZMTb8
10% T.M.R.S. (Retirement)
Monthly Total
12 mcmths X $2,962.08 per month = $35,544.96
TOTAL OFFICERS' SALARIES 35,544.96
October - Jul
Salary = 1062.53
Fringes = 236.69
October Total $I'2�.22 1,299.22
August - September
Salary = 1128.40
Fringes = 246.11
August Total U374.51 1,374.51
WEAL SECRETARY SALARY & BE FITS $15, 741. 22
GRAND TOTAL $51,286.18
Secretarial Fringes = 7.0% X Salary for FICA
7.3% X Salary for Retirement
$80.50/mo. for Hospitalization
4.25/m. for Life Insurance
=1IBIT 13
CITY OF LUBBOCK
LUBBOCK, TEXAS
Data
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 sali�:.-y
payments made to Lubbock Task Force employees for the period
to
Sincerely,
;signature and Title of
Authorized Official
Da to i � � � -_• �
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25
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Ising the code letters shown below, insert daily hours and nertinent cede letter for each (?ay.
S; - tvc�rkec Hours Worked
H -- Polid iiolidav
S - Sick Leave Sick Leave Taken
A - Annual Leave Annual Leave Taken
C - Compensator• Tire Worked Compensatory
l Certify that the repo.ted in���.:.��:.:. is correct.
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laployOe Signature Date Supervisor :!
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