HomeMy WebLinkAboutResolution - 911 - Agreement - DEA - Task Force Operation - 09/10/1981tiQ 1
AA: j s
RESOLUTION 911 - 9/10/81
RRAOTITTTOW
CITY SECRETARY -TREASURER
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 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 10th day of September ,1981.
t ,
ILL McA IS ER, MAYOR
ATTEST.:
Evelyn-Gaffga, Clity Seciretgrotreasurer
APPROVED AS TO CONTENT:
01 -4.
J. T. Alley, Chief o Police
APPROVED AS TO FORM:
Angela dams, Assistant City Attorney
a
RESOLUTION 911 - 9/10/81
This agreement made this the im day of 5"ate 1981, between
the City of Lubbock, Texas, hereinafter called the City of Lubbock
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 Court 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
equipment and the City of Lubbock is desirous of securing funds and
equipment for the purpose of participating in the DEA Task Force
Program.
NOW, THEREFORE, in consideration of the mutual covenant here-
inafter contained, the parties hereto have agreed as follows:
WITNESSETH
(1) City of Lubbock will, with its own law enforcement per-
sonnel and with contract employees, as hereinafter specified,
perform 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 inves-
tigation in order that the DEA Task Force's activities
.1
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 nec-
essary to accomplish the objectives of the Task Force
Program.
-2-
(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. Officers assigned to the joint DEA Task Force
pursuant to this agreement are detailed to DEA pursuant to the
. Intergovernmental Personnel Act 5 USC 3371-3376. Employees
assigned to the Task Force are covered by 5 USC 3374 of the Inter-
governmental Personnel act of 1970 under the Department of Labor's
Office of Worker's Compensation Programs. Claim Forms CA1, 2 and
16 must be submitted to the DEA South Central Regional Office,
1880 Regal Row, Dallas, Texas 75235.
(3) DEA will provide the City of Lubbock with $44,603.71
(estimated) out'of its FY 1982 annually appropriated funds to be
provided on a quarterly basis, or any continuing resolution thereof,
to support personnel participation as contained ,in the 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, 1981. Subsequent
quarterly advances will be made during the first month of the following
three quarters of fiscal year 1982. No Task Force funds may be used
to buy insurance for employees. The City of Lubbock will submit
monthly 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. The City of Lubbock will submit this
monthly documentation to the Regional Director, South Central Regional
-3-
Office, 1880 Regal Row, Dallas, Texas 75235. In the event overpayment
was made during any quarter, this overage will be deducted 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 Administration at the
• close of that quarter. Any short payment made in the quarterly ad-
vancement will be corrected and the additional funds submitted 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 documenta-
tion, timely, so that payment can be made from current fiscal appro-
priations.
(4) City of Lubbock will assign four law enforcement officers
to the Task Force, of which all will be experienced investigators.
DEA will assign a supervisor and required numbed of Special Agents.
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 re-
tirement 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
Lubbock based on time and attendance reports submitted on Exhibit
D and certified by the DEA Task Force supervisor. The cost of
-4-
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, 1981, will
. be retained and new replacements will be hired by the City of Lubbock
with the approval of the Regional Director, South Central Region, 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 two vehicles for every three officers assigned
fulltime 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 Regional or 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.
-5-
(8) In no event will the City of Lubbock charge any 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 obli-
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 expendi-
tures 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 1954 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 discrimination on
the grounds of race, color, creed, sex, age or national origin and
equal employment opportunities.
(12) The term of this agreement shall be from October 1, 1981
to September 30, 1982. 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
termination. City of Lubbock shall return to DEA all unexpended funds
forthwith after the ninety (90) day liquidation period.
IN WITNESS'WHEREOF, the parties have executed this agreement
in triplicate the -day and year above written.
ti
16i cA r ster, Mayor Attest: elyn Gaff a, C' y Secretary
Edward A. Heath, RD
Approved as to Content:
J. lley, hi.ef of olice
Approved as to Form:
�7
Don Vandiver, Asst. City Attorney
-7-
1
(12) The term of this agreement shall be from October 1, 1981
to September 30, 1982. 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
termination. City of Lubbock shall return to DEA all unexpended funds
forthwith after the ninety (90) day liquidation period.
IN WITNESS:WHEREOF, the parties have executed this agreement
in triplicate the day and year above written.
i McAlister, Mayo1r Attest: Evelyn Gaffga, City Secretary
fcTv&-r A. Heat , R
Approved as to Content:
J. Alley, Chief Off Police
Approved as to Form:
Don Vandiver, Asst. City Attorney
-7-
BUDGET SUBMISSION, FY 82
EXHIBIT A
Task Force Lubbock Texas South Central
(City) (State) (Region)
Estimated Funding $44,603.71
1. State/Local Officers
Number of Officers = 4
Total yearly overtime salary = 28,631.60
2. Support Personnel
Number of secretarys to investigators = 1
Yearly salary = 12,268.56
3. A. State/Local Fringe Benefits (Officers)
10% of yearly overtime salary (Retirement) = 2,863.16
B. Support Personnel Fringe Benefits (Secretary)
6.85% of yearly salary (F.I.C.A.) 840.39
GRAND TOTAL $44,603.71
LUBBOCK RESIDENT OFFICE
DEA TASK FORCE SALARY & OVERTIME RATES
FISCAL YEAR 1982
October, 1981 -
March, 1982
2
Officers
@ $14.28 x 40
hours =
1,142.40
1
Officers
@ $14.75 x 40
hours =
590.00
1
Officers
@ $15.75 x 40
hours =
630.00
2,362.40
2,362.40
10% T.M.R.S. (Retirement)
236.24
Monthly
total
2,598.64
6
months x
$2,598.64 per
month =
$15,591.84
April,
1982
2
Officers
@ $14.28 x 40
hours =
1,142.40
1
Officer
@ $15.27 x 40
hours =
610.80
1
Officer
@ $15.75 x 40
hours
630.00
2,383.20
2,383.20
10.E T.M.R.S.
(Retirement)
238.32
Monthly
total
2,621.52
1
month x
$2,621.52 per month =
2,621.52
May, 1982 thru
September 1982
2
Officers
@ 14.28 x 40
hours =
1,142.40
1
Officer
@ $15.27 x 40
hours =
610.80
1
Officer
@ $16.54 x 40
hours =
661.60
2,414.80
2,414.80
10% T.M.R.S.
(Retirement)
241.48
Monthly
total
2,656.28.
5
months x $2,656.28 per
month =
$13,281.40
TOTAL OFFICERS' SALARIES
$31,494.76
TOTAL SECRETARY'S
SALARY
13,108.95
GRAND TOTAL
$44,603.71
c
LUBBOCK RESIDENT OFFICE
DEA TASK FORCE SALARY & OVERTIME RATES
FISCAL YEAR 1982
Page 2
Secretary's Salary
October
176 hours X 5.55 per hour = 976.80
6.85% F.I.C.A. 66.91
October total 1,043.71 $1,043.71
November
168 hours x 5.55 per hour = 932.40
6.85% F.I.C.A. 63.87
November Total 996.27 996.27
December
184 hours x 5.94 per hour = 1,092.96
6.85% F.I.C.A. 74.87
December Total 1,167.83 1,167.83
January
168 hours x 5.94 per hour = 997.92
6.85% F.I.C.A. 68.36
January Total 1,066.28 1,066.28
February
160 hours x 5.94 per hour = 950.40
6.85% F.I.C.A. 65.10
February Total 1,015.50 1,015.50
March
184 hours x 5.94 per hour = 1,092.96
6.85% F.I.C.A. 74.87
March Total 1,167.83 1,167.83
April
176 hours x 5.94 per hour = 1,045.44
6.85% F.I.C.A. 71.61
April Total 1,117.05 1,117.05
may
168 hours x 5.94 per hour = 997.92
6.85% F.I.C.A. 68.36
May Total 1,066.28 1,066.28
June
176 hours x 5.94 per hour = 1,045.44
6.85% F.I.C.A. 71.61
June Total 1,117.05 1,117.05
1
LUBBOCK RESIDENT OFFICE
DEA TASK FORCE SALARY & OVERTIME RATES
FISCAL YEAR 1982
Page 3
July
176 hours x 5.94 per hour = 1,045.44
6.85% F.I.C.A. 71.61
July Total 1,117.05 $1,117.05
August
176 hours x 5.94 per hour = 1,045.44
6.85% F.I.C.A. 71.61
August Total 1,117.05 1,117.05
September
176 hours x 5.94 per hour = 1,045.44
6.85% F.I.C.A. 71.61
September Total 1,117.05 1,117.05
TOTAL SECRETARY SALARY $13,108.95
EXHIBIT B
CITY OF LUBBOCK
LUBBOCK, TEXAS
Date
To: Regional Director
South Central Region
Drug Enforcement Administration
1880 Regal Row
Dallas, Texas 75235
Attached for reimbursement are copies of vouchers covering
salary payments made to Lubbock Task Force emplVees for the
period to
Sincerely,
Signature and Title of
Authorized Official
u
H
n
m
K
rt•
r•
M
I<
rt
a
rt,
rr
m
K
m
,a
O
K
rt
m
Q,
Fl -
0 0
K
a
r*
P_
0
F+•
N
0
O
K
K
m
0
r*
W,
0 :Do En
b I 1 I 1
0 �;*cnxE
N 0 W0 0
w�s0H"
rt 0 w xa�
K r N 4C W
ra
yam
� C
mm
z
O
K
PV
m
CL
n>cnxx
O:3wo0
0:$arr.
0) xaN
N rml< E
w ra O
rt' m C K
Owm PV
K C m
�C m H >y
a
H 7s
Di (D
PV ::s
M
C
N
N•
rr
m
0
O
a
CD
r
m
rr
rr
m
K
N
N
0
a�
m
H
0
F+-
N
m
K
rt
a
a
r
�C
x
O
K
N
w
a
"O
m
K
ft
F'•
m
0
rt,
n
O
a
m
r
m
rt,
rt,
m
K
M
0
K
m
w
n
zr
a
a
rt
O
n
En
m
0
K
m
rt
a
K
0
w
rt,
m
W
r
a%
r
Fa
J
N
F•'
0o
w
r
N
o
Ln
N
t-•
a%
N
N
J
N
w
o
N
.P
�O
N
r
Ln
Cl
N
F�
Ch
r
J
N
N
Fl
co
w
r
N
w
F�
o
to
1-3O
H
r
rt
O
n
o
OITIONAL IORM NO. 10
JYLY 1073 COITION
OSA IMAR 111 CwQI 101.11.6
a UNITED STATES GOVERNMENT
Memorandum
TO Floyd T. Goff, Jr., RAIC
Lubbock Task Force
FROM
SUBJECT: Overtime Hours Worked During Month of
EXHIBIT D
DATE:
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:
Floyd T. Goff, Jr.
Resident Agent -in -Charge
I
Buy U.S. Savings Bonds Regularly on the Payroll Savings Plan