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Resolution - 4721 - Grant Application - GO CJD - SPRNTF - 01_26_1995
Resolution No. 4721 January 26, 1995 Item #26 E RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Manager of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Grant Application and related documents for State and Federal Assistance for the South Plains Regional Narcotics Task Force and that the City Council hereby agrees to a cash match of $86,997.00 from the City to fund 25% of the Project, as required by the State of Texas in order to be eligible to receive such State and Federal Assistance. Passed by the City Council this 26th day of`\ January VID R. LAN ATTEST: Betty M. lohns-jH�city Secretary APPROVED AS TO CONTENT: ,�,.nT Walker, Chief of Police APPROVED AS TO FORM: IHarol� d Willard, Xssistant City Attomey 11W js/G-SPRNTF.RES ccdocs/January 12, 1995 0 1995. Resolution No, 4721 January 26, 1995 Item #26 CRIMINAL JUSTICE D I V I S I O N STANDARD GRANT APPLICATION FORM Office of the Governor, State of Texas Ann W. Richards, Governor A w Muf%z, Jr., Director Criminal Justice Division CITY OF LUBBOCK § COUNTY OF LUBBOCK § STATE OF TEXAS § AFFIDAVIT Before me, the undersigned authority, personally appeared Betty M. Johnson, who, being by me duly sworn, deposed as follows: My name is Betty M. Johnson, I am of sound mind, capable of making this affidavit, and personally acquainted with the facts herein stated: I am the custodian of the records of the City Secretary's Office for the City of Lubbock, Texas. Attached hereto is a copy of Resolution No. 4721, dated January 26, 1995, from the official records of the City of Lubbock. These records are kept by me, the City Secretary, in the regular course of business, and it was in the regular course of business of the City Secretary of the City of Lubbock, Texas or an employee or representatives of the City Secretary of the City of Lubbock, Texas, with knowledge of the act, event, condition, opinion, or diagnosis, recorded to make the record or to transmit information thereof to be included in such record; and the record was made at or near the time or reasonably soon thereafter. The records attached hereto are the original or exact duplicates of the original. BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared Betty M. Johnson, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that she executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 1 st day of February, 1995. {Se wa.a Notary Public, State of Texas Commission Expires: 10/23/96 APPUCATION FOR OTATE OR FEDERAL ASS1STAhCE OFFICE OF THE GOVERmm, CFumiNAL Jus-ncE 0msi0N I. For CJ0 Use Only J. a- Date Subrryttad b. Appkiert ldersifwr 5A1-TX-R92-02-Q0Q5-02-�1 2. FedleraUSUft Program Ctrsaita Iftn (For CJD Use Or*) 4. a. Date Received by StatwCOG b. State Appka w Wwalirw S. Appkm t la t"m f m a. Legal Name: C. Orqeinivaatiomw Urd Of Lubbock Texas Lubbock Police Department .City b. Address (gve strett or P. O Sax, sly, state. and np Cods) d- Name. talaphone, and fax number of to person to be tontsctw canprrMrp Uric appicatiort (give area oc I ). P.O. Box 2000 Lt, Ralph Bowen (806) 767-2860 Lubbock, Lubbock County, Texas 79457 Fax (806) 744-1677 6 State Payee Identification Number 7. Type of Applewd (enter ogle appapriate * ter h box) A- st>r. K r,a.P&vk rr School opt C B. Cou" a. 3W6 Coaatra llad WOUbw of ►ilylwr Learrrg C. Murk" J. Prtvale Ummsey D. Tow a* t( Yidian Tibe fi Type of Appkabon: ❑ New �pp� E. kdWi to L kxgvWual f. YwretreScod W PrM" Nonprar! Corporation G. SpecialDtaaltt K Ottw (eRerip): 5 t h 9- Name of Grantor AgvW. ►f aor rxmion, eater year of ttix,dirV Offke of Cw Cvmrrwx, Cnrnrwl Justice Division P. O. Brae 1242b 10. d Appficabon for Federal Funds: Atgtin, Texas 79711 Cimck Catalog of Fed" Domestic Assat nee Number (any ono) 16.540--juvenile Jvstica 3 Defrxtuency Preve tion AG 11. G*VWtric An" of Pro"ect Acttvthee (010es arrd Count") Counties: Bailey, Dickens, Crosby, Floyd, ❑ 16.5T5--VkttmsofOrimaAct Garza, Hale, H o c k l e y, Lamb, O 16.5 9—Taus Narcotics Control ProWsm Lubbock, Lubbock, Lynn, Motley O 16.580-4iph Icy Drug TraftlCkinp Program e n c i e s: (5 e e Continuation) 12 TIM of Project 13. Propow d Projatt a. Start Date: b. En*gDate: South Plains Regional Narcotics Task Force 06-01-95 05-31-96 14. If Appbubon far State Funds: a4 Check OFF Rprtrt. feat (&* ane) b. It 421 Fund, ctwcrt pia RV (at!► am) a Chedr Ore: D 421 Fund ❑ ❑ Cnrne Stoppers Assistance Fund C.J. Plenn:,q ❑ Law Entercernert Trai m ❑ JuYW* 0 ORwr Ford a VicWt Cr#ne 0 ❑ O Vktima �� ❑ Nonj + e 1 Regtns%d Fundirq 16_ Is appirca"' subject to review by steee aatecuNve ardor 12312 pmce s? 00 = 260988 Funds (CJD) , ❑ YES. this appkmdon wee provided to lure Tam Review and Canwrie t Sym n (TRACE) for review an 01-30-95 IL Sub Grant $ pp Fur ds (C." (dam) ❑ Program is not awverad by E. O. 1 ZM a Caw+ 11i1fth s 86,997 O Program has not been selected by stabs for revtaw of ri~Kind ! oD 17. istM appicant ddnquwt an any tiriuM dabs? ❑ YES if 'Yea- attach an explsraalion NO NW► a nft V Ores+') a. TOTAL 3 347,985 -OD 18. To dw beat of my krm tadga and b". ail data i o this oppieaH , r► is true and M. The doo nert has been dug authorized by the governing body of the s pAwt and Uw appicart wE eanpiy wilt U+a atturc' wasw ass if the assiatanoa is & araleai ar Typed Not of Audxw=d CMIdW b_ Tile c. Talgp wne Number Bob Cass City Manager (806) 767-2001 d, SWaoure of Authorised Off)Cid a. Signed lae Q-9-- CJD-1 ' Issued 10i94 Continuation Page CJD fis Ill Agencies: Bailey County Sheriff's Offics, Crosby County Sheriff's office, Dickens County Sheriff's Office, Garza County Sheriff's Office, Hale County Sheriff's office, Hockley County Sheriff's Office, King County Sheriff's Office, Lynn County Sheriff's office, Motley County Sheriff's Office, Abernathy Police Department, Levelland Police Department, Lockney Police Department, Lorenzo Police Department, Muleshoe Police Department, New Home Police ❑epartment, Olton Police Department, Petersburg Police Department, Plainview Police Department, Ralls Police Department, Shallowater Police Department, Slaton Police Department, Spur Police Department, Sundown Police Department, Tahoka Police Department. PROJECT SUMMARY This section must include a brief description (not exceeding one page) of the proposed project You must use at least a 10 or 12 pitch or point type. The South Plains Regional Narcotics Task Force is in it's sixth year of T.N.C.P. funding. The SPR':TF will continue a rezional effort among rural and urban law enforcement agencies to enhance the law enforcement capabilities in curbing narcotics trafficking in our eleven county region of the South Plains region of Texas. The South Plains Regional Narcotics Task Force serves a largely rural area made up of small towns and cities. Without the SPRNT:, these areas do no have the fiscal means, manpower, or the expertise to address the growing narcotics problems in their areas The Lubbock Police Department's South Plains Regional Narcotics Task Force is the only agency in our region of the state capable of fulfilling the mission of the Texas Narcotics Control Program through multi -jurisdictional, multi -county drug task forces. CID-2 Lssucd M94 BUDGET INFORMATION Section A --Budget Summary L s r ` (1) (2) (3) (4) Budget Categories d CJD Funds Cash Match In -Kind Match Total OW vau Md rft v o �o�ry 1. A. Personnel (Salaries) ; 151,020 $ 50,343 ; $ 201,363 2. A Personnel (Fringe Benefits) 59,631 19 , 8 7 ; 79,508 3. 8. Contractual -0- -n.. -0- 4. c. Travel 5,810 1,935 7,745 S. 1 D. Equipment 859 286 1,145 S. E. Reserved for Future Use -0_ _0_ -0- 7. F. Supplies & Direct Operating Expenses 43,668 14,556 58,224 a. Total Direct Charges (Sum d1.7) 260 988 86,997 347,985 9. o. Indirect Costs -0- -0- -0- 10. Totals $ 260,988 s 86,997 ; = 347,985 1 99. Program Income s 50,600 Section Ili --Cash Match" anew sepwagety .ach sow of I letip tends and an angants. Totem must Nreo with lhro 10 Cok mn 2 above. Section C --Program Income Tohi must agm with Lrw 11, Column 4 abova, Source Amount Source Amount Program Income $86,997 1 Asset Forfeitures $50 000 Interest on Accounts $ 600 ' AMIxant must disclose the sown of cash march if any, ClD,3 issued 10194 Office of the Governor Criminal Justice Division SCHEDULE A PERSONNEL 1. Direct Salaries (1) (2) (3) Title or Position' % of Time2 CJD Funds Cash Match TOTAL' (A)Sergeant/ Investigator 10 $ 28,649 $ f38,199 (B)Cor oral Investi ato (C)Investigator (D) Investigator 100 24,037 R 0 (E) Investi ator 100 24.037 (F) Investigator 100 24 7 (G) (H) TOTAL Direct Salaries F151 020 i'SQ 343 $ 201,363 2. Fringe Benefits % or i Rate FICA & Medicare @ Retirement 1. 4 87. 17,337 5,779 Insurance (Lib & Health) d990. 28 Workers' Compensation 2 7.00 6,858 2.286 144 Unemployment Insurance Other (Explain) (see continuation) 12,150 4,050 16.200 TOTAL Fringe Benefits $ f i TOTAL PERSO04114EL BUDGET $ 210 6 51 S 70,220 $7 ' Include only one position per sine. Attach a description of the duties or responsibilities of each position. 2- Express as a percent of total time. (40 hours per week) 3 Should reflect employee's gross salary attributable to the project If applying for continuation funding, justify any salary increase that is more than five percent over the previous year. issued I0/94 (Continuation) CJD-4 JOB DUTIES; Sergeant/Investigator: Acts as the first -line supervisor of the unit, coordinates investigations, confidential informants, and dispenses funds. Supervises seven investigators, a secretary, an intelligence analyst, and carries his own case load. The sergeant also coordinates intelligence gathering and is the liaison between the unit and other agencies. The sergeant collects and dis- seminates intelligence information concerning gang activity as it relates to drug activity. Corporal/Investigator: Conducts the same duties as the other ivestigatiors in the unit. In addition to those duties, the coporal assumes the duties of the sergeant, in the sergeant's absence. Investigators: Conducts investigations, gathers intelligence, supervises informants, works undercover, and dispenses funds in the procurement of evidence and the payment of informants. (Fringe Benefits, continuation) 2. Fringe Benefits: Rate X CJD MATCH TOTAL other (explain) Longivity/Stability Pay $50/mo. $2,700 $ g{?0 $3,600 Educational'Incentive Pay $125/mo $6-1750 $2,250 $9,000 Clothing Allowance $50/mo $2.700 $ 9 0 $3,600 Totals $121,150 Sf►,05(r $16,200 Office of the Governor Criminal Justice Division SCHEDULE B PROFESSIONAL AND CONTRACTUAL SERVICES (1) (2) (3) Description of Service CJD Funds Cash Match TOTAL (A) $ $ $ (B) (C) (D) (E) (F) (G) (H) TOTAL PROFESSIONAL AND CONTRACTUAL SERVICES $ REOUIRED BUDGET NARRATIVE: Briefly describe and justify any anticipated contractual arrangement and work products expected. Describe basis for arriving at the cost of each Gne item. Professional services (such as consultants, trainers, counselors, etc.) should be described by type of service, number of hours, rate per hour, and travel costs, if any. Use additional pages as needed. Issued 10/94 QiIiC� Cif !fle '00ykfnk� f Criminal Justice Division SCHEDULE C TRAVELITRAINING 1. Local Travel (1) (2) (3) Title or Position Mites Traveled Annually/$Rate CJD Funds Cash Match TOTAL (A) $ s $ (B) (C) (D) (E) (F) (G) (H) LOCAL TRAVEL TOTAL $ t $ 2. In -State Travel (Specify dearly and use oontinuation pages if necessary) Purpose Destination CJD Funds Cash Match TOTAL Basic Narc. Inv. School TBA $ 2914 $ 271 $ 3,885 CP Annual Conference Odessa TX 1 148 332 CP Commander's Meetings I TBA 72 see continuation W-STATE TRAVEL TOTAL s $ 1,595 $ 3. Out -of -State Travel (Specify clearly and use continuation pages d necessary) Purpose Destination CJD Funds Cash Mafth TOTAL D.E.A. Basic or Advanced $ $ $ Narcoticp Investigator's School TBA 1 020 340 1,360 OUT-OF-STATE TOTAL see continuationj $ 1,020 $ 340 $ 1 36 FTAL TMVE#' BLOWT $ ? 0 $ 1,935 7,745 NOTE: When personally owned vehicles are used for travel, transportation costs are shown on Schedule C. When agency or leased vehicles are used. the vehicle operatiWmaintenance costs should be shown on Schedule F, *Supplies and Direct Operatirq Expenses.' Tuition for training courses should be listed as supplies in Schedule F. Issued IM4 Office of the Governor Criminal Justice Division SCHEDULE C (Continued) REQUIRED BUDGET NARRATIVE: Briefly describe the applicant's travel policy (i.e. mileage rates and per diem rates). Specify purposes for each item of travel. Breakout costs of each in -state and each out- of-state trip to separately show the specific costs of transportation and of per diem. City of Lubbock Travel Policy: The Citv of Lubbock's travel policy states that a maximum of $25.00 per day, per person will be allowed for meals. All expenses require documentation. Other expenses such as lodging is based on actual cost. Training and Travel: The unit through transfers and promotions has three new investigators that are in need of additional training. It is this training need that accounts for the increased training and travel budget. 2. In -State Travel: Basic Narcotics Investigator's Schools: travel- est. 760 mi. X $0.25/mi. X 3 officers = $ 570.00 lodging - est. $65/day X 12 days X 3 officers = $2,340.00 meals - $25/day X 13 days X 3 officers = $ 975.00 total $3,885.00 CJD- $2,914 match- $971 TNCP Annual Conference: travel- est. 360 mi. X $0.25/mi. _ $ 40.40 lodging- est. S65/day X 4 days X 4 officers = $1,040.00 meals- $25/day X 4 days X 4 officers = $ 400.00 total S1,530.00 CJD-- $1 ,148 match- $382 TNCP Commander's Meetings: travel- est. 1,000 mi. X $0.25/mi = S 250.00 lodging- est. $65/day X 2 days X 4 meetings = $ 520.00 meals- $25/day X 2 days X 4 meetings - S 200.00 total 970.00 CJD- $728 match- $242 3. Out -of -State Travel: D.E.A. Basic or Advanced Narcotics Investigator's School -Albuquerque, N.M. travel- est. 760 mi. X $0.25/mi.X 1 officer = $ 190.00 lodging- est. $65/day X 13 days X 1 officer - $ 845.00 meals- $25/day X 13 days X 1 officer = $ 325.00 total $1,360.00 CJD-$1,020 Total Travel and Training : match- $340 CJD-- $5,810.00 Match- $1,935 + $7,745.00 CID-7 Lssued 10/91 Office of the Governor Criminal Justice Division SCHEDULE D EQUIPMENT PURCHASE§ (1) 2 (3) Equipment Name or Description and Quantity (Do Not Ust Brand Names) CJD Funds Cash Match TOTAL (A)Covert one watt miniture voice transmit r$ S859.00 s $296.00 1 145.00 (B) ('C) (D) (E) (F) (G) (H) TOTAL EQUIPMENT PURCHASES S $859.00 = S286.00 i 1,145.00 REQUIRED BUDGET NARRATIVE: Describe the basis for arriving at the cost of each line item. Provide justification and explanation of use. Use additional pages as needed. The South Plains Regional Narcotics Task Force conducts many investigations in rural areas of our region. This necessitates monitoring officers to post longer distances away from the transmitter. As the distance iiereases from the transmitter more power is required to maintain signal strength. If officers have to move in to close their presence may jepordize the investigation. Currently our unit has transmitters in the 25OMW and the 50OMW range that are not up to transmitting over longer distances. With the addition of a one watt transmitter monitoring officers can maintain clearer signal strength at the longer ranges. This also insures clearer reception and enhances officer safety.vithout compromising the investigation. The price of the transmitter was furnished by vendor. (A.I.D.) SCHEDULE E Reserved for Future Use Issued 10/94 Office of the Governor Criminal Justice Division SCHEDULE F SUPPLIES AND DIRECT OPERATING EXPENSES 4 t) (2) (3) Directly Charged Supplies and Other Operating Expenses CJD Funds Cash Match TOTAL (A) Vehicle Ex ens�s S $12 447 $$4 149 S 16,596 (B) Confidential Funds $22,500 $7,500 30,000 (C)Office Suo lies S 863 S 287 1,150 (D)Narcotic Test Kits $ 750 S 250 1,000 (E) Audio Cassette Tapes $ 225 S 75 300 (F) Video Cassette Tapes S 444 $ 148 592 ()Instant Camera $ 23 $ 7 30 (H)Batteries $ 1,058 $ 353 1,411 (I) Professional Services $ 956 $ 319 1,275 M Dru -Trak Maintenance Contract $ 150 $ 50 200 KRegistration & Membershi Fees $ 832 $ 278 1,100 (L) CoMMunication Expenses 3,420 1 140 4,560 TOTAL SUPPLIES AND DIRECT OPERATING EXPENSES (see continuation) $ $43,668 = $14,556 s 58,224 REQUIRED BUDGET NARRATIVE: Describe the basis for arriving at the cost of each line item and justifica- tion for requesting each item. Use additional pages as needed. A. Vehicle Expenses: Fuel- 6 vehicles X est. $1.13/gal.X (12,000 mi./10 mi./gal) S80136 Veh.�Maintenance- 6 veh. X est. $0.11 mile X-est. 12,000 mi 7,920 Window Tinting -(Vendor supplied cost figure) $120 per veh. X 2 veh. 240 Administrative charge by City of Lubbock for keeping maintenance records on vehicles $50 per car X 6 cars 300 $16,596 B. Confidential Funds: Based on historical costs and anticipated need due to additional non -grant funded investigators (2). $30,000 C. Office Supplies: Based on past needs and anticipated requirements $ 1,150 D. Narcotic Test Kits: Based on past need and anticipated increase in case load. ($.2.00 is an average cost of the different types of test kits) 500 kits X avg. $2.00 per kit 12000 Issued 10/94 Continuation CJD-9: Supplies and Direct Operating Expenses E. Audio Cassette Tapes: (vendor supplied costs) 901 or more of all our investigations are taped recorded and used as evidence. Quanity required is based on historical useage and anticipated need. 300 tapes X $1.00 per tape $300 F. Video Tapes: (vendor supplied cost estimate) 60 VHS taxes x S3.00 p=, tape 6n VHS-C tapes X S6.87 per tape G. Instant Camera: (vendor supplied cost) Camera to be used for use in search warrants, mug shots, and photos for informant files, and when photos are required in a hurry to expedite identification 1 camera Si80 $412 S592 $30 H. Batteries: All covert audio equipment runs on batteries. Body transmitters require A, a.A, AAA, 9- volt, and flat-pak batteries. The repeaters for the body transmitters require 8 D-cell batteries each time it is used. Need is based on past requirements and anticipated need. Costs are supplied by City of Lubbock purchasing D-cell- $0.57@ X 12 cases X $41.00/case S492 AA- $0.28@ X 6 cases X $40.00/case $240 AAA- $0.29@ X 6 cases X $14.00/case $ 84 9-volt- S1.09@ X 6 cases X S79.00/case $474 Flat -Pak- 54.85@ X 25 batteries $121 $1,411 I. Professional Services: Vendor supplied cost: Use of laboratory and chemist to analyse (quantitatively & Qualitatively) drugs used for reversals. $85/per hour X 3 hours per case X est. 5 cases 51,275 J. Annaul Drug-Trak Software Maintenance Contract: Provides on-line suppor, and service advise. New versions are supplied to us as they come available S200 K. Reeistration b Membership Fees: Registration fees for training- coursed to be announced (2 off.) $800 Membership fees- TNOA $25 per officer X 6 officers S150 Registration for TNOA Training $20/officer X 4 sessions X 2 off. S160 S1,100 L. Communication Expenses: (vendor supplied costs) Pager rental- 6 pagers X $20.00/mo. X 12 mo. $1,440 Cel phone - 6 phones X $35.00/mo. X 12 mo. S2,520 Equip Maintenance- est. repairs on radios, phones, pagers $ 600 $4 , 560 Totals CJD- $43,668 match- $14,556 $58,244 Office of the Govemor Criminal Justice Division SCHEDULE G INDIRECT COST$ (1} (2) (3) Indirect Costs CJD Funds Cash Match TOTAL kiduect Costs Per Approved Cost Allocation Plan $ $ $ �B) Indirect Casts Per CJD Computation Table Is $ s REQUIRED NARRATIVE: If Method (A) is used, specify the rate and attach a copy of the document by which the current cost allocation plan was approved. HATE: indirect Costs are auOwrUW in an amount not to exceed the computation table located in Section 2 of the Grant AppSoation and Administration Guides, or as audwized by tlw appdcanrs approved cost a9ocetion plan. CJIa10 issuc,d 10i94 Program Narrative Narrative is limited to one page per section. Text must be 10 or 12 pitch or point type. 1. Problem Statement The South Plains Regional Narcotics Task Force (S.P.R.N.T.F.) is based in Lubbock, Lubbock County, Texas, and serves eleven counties in the South Plains region. The most significant problems that the SPRNTF addresses is the inability of rural towns and counties to effectively combat the drug problem within their jurisdictions. Smaller agencies lack the resources and training to effectively investigate and enforce the drug laws within their communities. The SPRNTF provides these resources and expertise for these agencies. Besides training and the fiscal resources, SPRNTF provides the necessary manpower for covert operations, which are impossible for the smaller agencies to conduct within their communities. The South Plains Regional Narcotics Task Force serves the following counties in the South Plains Region; Bailey, Crosby, Dickens, Floyd, Garza, Hale, Hockley, Lamb, Lubbock, Lynn and Motley. The population in this region of the South Plains is approximately 348,000 people within an area of 10,200 square miles. within these counties are approximately 50 separate law enforcement agencies. The City of Lubbock, itself, has a population of approximately 200,000 people. Drug traffickers fan out from Lubbock and Supply many of the rural communities in the South Plains. Marijuana and Cocaine, especially "Crack" Cocaine, are the major drug problems within our region. The SPRNTF consistently seizes more of these drugs and makes more arrests for these drugs. SPRNTF has seen a resurgence in methamphetamine trafficking in our region. SPRNTF, DPS, and DEA are currently conducting an OCEDTF investigation regarding this resurgence. We are seeing more and more meth being supplied from California and Mexico, with Mexican Americans being the major suppliers. Resources and training are once again the reasons the SPRNTF is needed to deal with these problems. The SPRNTF enjoys an excellent working relationship with the DEA and DPS in our region. DEA targets the larger drug traffickers, which for the most part are not located in the rural areas. DEA will assist the SPRNTF whenever asked and will became directly involved when larger quantities of drugs are involved. With new mandates from Washington, DEA is now becoming more involved with violent drug activities even at "Street level". The SPRNTF acts as a central repository for intelligence information regarding drug traffickers in our region. The SPRNTF has the computer facilities necessary to maintain and update this information that the rural communities do not have. The SPRNTF and DPS target "Street level" and 'Mid -level" drug traffickers. For the most part, the SPRNTF and DPS are the only organizations targeting the smaller drug dealers in our region. The SPRNT's and DPS's basic duties and responsibilities often overlap. However, through cooperation and communication we don't duplicate efforts. we usually assist each other in these investigations often times exchanging intelligence information and combining manpower to bring a successful end to these joint investigations. CID-u Issued 10/94 L. 4 1 V r, v.. -- U I 1 -J- -. . i ..... -v A) Assist rural law enforcement agencies in the investigation and elimination of illicit drug activities within the communities. -his goal will be accomplished through covert operations by SPRNTF, in cooperation with these ocal agencies, by providing resources and equipment. SPRNTF will provide intelligence _nformation to these rural agencies. SPRNTF will assist these rural agencies in gathering _ntelligence about the drug activities in their communities. Through the interaction between ?RNTF and the smaller agencies, on-the-job training is provided for personnel in these rural agencies. 8) Target, investigate and arrest drug violators and seize assets used in the commission of illegal drug activity. This goal will be accomplished through covert investigations; utilization of informants to •_;rchase drugs and gain entry into illicit drug operations; gathering and sharing intelligence ,,ith law enforcement agencies within the region and those outside our region; working with DEA, =PS, and other law enforcement agencies as a team on drug problems within our region, Cy Assist those individuals who need and desire drug rehabilitation help. ;his is accomplished by encouraging those individuals to seek rehabilitation and then referring -hem to the proper rehabilitation agencies. .0) To educate the general public on drug laws, drug activity and drug problems :his is accomplished through presentations to schools, civic groups, churches, and less formal .-nteraction with community members. When asked, the members of the SPRNTF gladly make _resentations to any communities within our region. The SPRNTF consists of eight employees who are all City of Lubbock Police officers and the Project Director who is a City of Lubbock Police Captain. These officers receive all training that is required by the State and the Lubbock Police department. This training consists of =ommunity and minority relations, sexual harassment training, and other cultural awareness :raining. They operate under the rules and procedures of the Lubbock Police Department and are ultimately responsible to the Chief of Police. The six individuals who are supported by the "Grant" are one Lubbock Police Sergeant, One Corporal and six investigators. The Sergeant supervises the Corporal and the investigators. The Sergeant acts as operations and administrative supervisor. The Corporal acts as a temporary supervisor in the absence of a Sergeant. Everyone on the SPRNTF, Sergeant, Corporal and investigators, carry an investigative -ase load. The SPRNTF has been in operation since 1988. It is comprised entirely of City of Lubbock Police Officers. These officers have been well trained in drug enforcement operations. The Task Force Commander has been with the SPRNTF since 1990. The Project Director has been with the SPRNTF since 1990. Based on experience, training and the full support of the Lubbock Police Department, the SPRNTF is a very capable and successful drug enforcement organization. Statistical data can be collected and compared with other data, but it is very difficult to measure the true impact of this program. Statistical comparisons regarding arrest, drug seizures, cases initiated, and cases closed yield conclusions as to performance. However, it is difficult to measure impact. Prior to the formation of SPRNTF, the rural communities in the eleven county region had no drug enforcement to speak of. DPS has only six agents to cover twice the area of the SPRNTF. Therefore, I believe that the SPRNTF provides an indispensable service to the 350,000 people and eleven counties it serves. The teamwork between SPRNTF, DPS, and DNA has had a positive impact on the communities. If the SPRNTF were to cease to exist, here is no agency capable of taking up the drug enforcement effort in this part of the state. within the corporate limits of the City of Lubbock, the SPRNTF works with the Zoning Department in efforts to have "Crack houses" condemned or demolished. This relationship began in 1992 and has resulted in an entire apartment complex being closed because of the "Crack" trafficking going on there. The SPRNTF is targeting other areas in the city for similar civil action. C 42 Cwued 10/93 3. Evaluation Design "he SPRNTF is evaluated by the Project Director, the Chief of Police for the City of Lubbock and --he Criminal Justice Division of the State of Texas. The evaluations are based for the most cart on statistical data reported to C.J.D. such as arrest, drug seizures, and property seizures. Feedback and impact from the other agencies we serve will be another evaluation tool for SPRNTF. Their satisfaction or dissatisfaction is very important in the evaluation process. :'he Project Director will continue to analyze cost and resource allocation to ensure that money and resources are deployed in an efficient manner. Keeping in mind the SPRNTF is made up of only eight officers, statistical evaluation with regard o statistical data should provide a positive insight regarding the cost/value relationship. During 1994, the City of Lubbock has added two non -grant funded investigators to the Task Force. :his increases manpower in the task force by 34% thereby providing a greater impact on drug -rafficking in our region. Over the years, the SPRNTF has continued and will continue to crovide efficient and professional narcotics enforcement even during times of ever tightening Budget constraints. CJMI3 Lswed l0/94 4. Statistical and Baseline Data The South Plains Regional Narcotics Task Force is made up of 6 grant funded investigators, 2 non -grant funded investigators, I non -grant funded Task Force Commander and 1 non -grant funded Project Director, who are all sworn peace officers. In our eleven county service area, only two counties, Hale & Lubbock, have more officers than the Task Force. Of the 15 largest cities in our service area, only 5 have more sworn peace officers than our Task Force. (FBI UCR Report 1993). These figures reflect numbers that include the Chief Executive Officer down to the Newest rookie. Five of the 11 counties have fewer than 5 deputies to cover thousands of square :riles. It is evident that none of the counties or cities have the manpower to support their own narcotics units. These rural counties are thinly populated and everyone knows everyone else, so -indercover operations are impossible. With small departments, budgets are proportionally small. With no money to devote to the purchase of drugs or to pay an informant. The area of the state needs the South Plains Regional `tarcotics Task Force. From May, 1993 to June, 1994 SPRNTF arrested 181 persons resulting in 216 charges while initiating 150 cases. From June, 1994 to Jan., 1995 SPRNTF has already initiated 149 cases and arrested 140 persons. With the increase in manpower of 34%, we anticipate a proportionate _,crease in case load, arrests, and seizures for grant year 95-96. tau issued 10194 I r a♦ e V 1—%V1..)V Y%J'%rNVL—%J The Applicant hereby assures and cart►ras coinpliance with all statuees, reg"ons. poYciea, guidelines and requirements including OMB Circulars No. A-21, A-12L A-12t, A•110, A-102, and A47, as they relate to the application, acceptance and we of federallstate funds for this federally or state -assisted project Also the Applicant assure* and eertMes that: 1. R possesses legal authority to apply for Ow grar*; that a resoaulion, Historic Pr*sermtkin Officer on to conduud of investigations, as neces- motion or srhmW action has been duty adopted or posed as an official sary, to iftN1W propertws listed in or eligible for nciusm in ft National act of Vie appikanCs govrNng body, euth rung the fAV of " Register of Koff b Places that are sullied to adverse effects (see 36 CFR application nefuding all undrstandnga and assurances contained Pat 800.5) by dha novityr, and nodfytng the F*drai Warrar agency of the eher*in, and d**Wng and audhor" Qu person WadJfled as the official exbLance of any such properties, and by (b) complying YAM ad nxp*w representative of the *ppkent toad in connection with the application merts es4okhed by the Federal grantor ages y to avoid or mbpo and to provide such additional nformsticn as may be required- adverse eflisds upon such propertift- 2_ K will comply with The V1 of the Ctvi Rights Act of 1964 (P. L W352) and in accordance with Title V1 of that Act, no person In the United States shall. on the ground of raw, color, or national origin, be excluded tram participation in, be denied the Mencius of, or be dherwise subjected to discnministion under any program of bcMy for which the appiicart recerms €edrai Financial assistance and will immediately take any measures necessary to effecWats this agreement 3. K will canply with The V1 of the CM Rights Act of 1964 (42 USC 2MOd) proi'hibding afrtpoymard disairNnotlon when (1) the primary purpose of a grant is to provsde errhp "m nt or (2) disuknrrtory rnployrrent prac- tices wi result in unequal treatment of persons who are or shoWd be berefitir+y from the grant -aided acthily. 4. K wit comply with req xerrwits of tax prov9sions of the Uniform Relocation Assistance arhd Real Property AcquWbons Ad of 1970 (P. L 91-646) volch prondes for fair and equitable treatment of peraens dspkaced as a result of Fedetltl and federally assisted programs. 5. I will comply with the ntnirrxsn wage and msD&Tu n hours pravlswa of the Fed" Far Labor Slarafwds Act, as VW apply to fhospdal and educatiorial ihsWili n *rnpioyess of State and local goverrvnent. 6. R will esW sh safeguards to proltltJK amployees from using txr poebons far a purpose that b or gives the appearance of being modvsted by a dams file prlveb gain for Vvemsewo or all ws, partlwtafty thaw w1h wtwx . they have family,, business, or ad thus. 7. lt we give the sponsoring agency or the Cornptr'o:r General f o ug h any auuthormad reprase talto We aoe*ss lo and the rWd to @:iamr» all raMusa, boob, Papers, or documents resoled to the grant 8. 4 vA cmq* with all nat(uaa nests knp I by the Fedrai eparworI apiricy aorhawsrhg %MW r **Wnrhts of lave, progialrt raghar'rrtanta, and cum adrninestraiive negtirsMnnls. 12. It will comply with the Uniform Grant and Contract Manageftwds Star>- dards (UGCMS) devebpW w4er the **alive of 1hs Uniform Grant and Contract Mansgamant Act Chapter 183. Texas Goverrvnent Code. 13. It. K a county, has taken or wia take all action necessary to provide the Texas Departne t of Crim'rsl Justice and eta Depertnxrd of Public Safety any ar" history records Maintained by the county in the manner specified for the purposes of those depertrtw". 14. In the evert a federal or sus court or federal or shale adrrrnisbaum agency makes a fkv* g of decrimi rwitim of a due process hesrng, on the wound of nape, color, relgia rutia is origin. sera age, or disablity against ft project, Qe recipient wit forward a copy of eta hxfrp to the Criminal Juafke Division (CJD) and the Office of CM Right, Office of Justice Programs. 15. It vri comply, and nos- nl tax cimVilance d all b and eQntrsceors, with the applicable proviaiona d Titts I of the Om nbtrs Crete Control and Sofa Streets Alt of 1968, as arnerided, the Juvenile Justw and DWngusncy Pew vdm Ad, or iie Vktbs of Came Alt, as approprt- do; ft prwisioi of to currant edbon d to Of e of .Justice Programs Fmncial and AdftWxadw Guide for Grannie, M 7100. 1; and all cow applicable Wsraf taws, orders, clrculafs, or regulations. 16. K WE Comply with the prowbions of 25 CFR applicable to gruhls and Caoperadre apMmenls including Part 18. waive Review Proce- dure; Part 20. Criminal l Andw idm.. Jm i Sydems; Part 2Z CorAderds.- Silty of I "ftabM Research and Staftdcd MMoanalim Pat 23, Criroug nteiio I - Systems OpeniftV Padeiss; Part 30, tntangarermherhtal Review of Departnrrt d Jualke Progiar+tia and AclJdies; Part 42, Ertptoymant Oppertuiy Palrciss and Peace` dues; part 61, p vicedtses for Irnp w wdk to Nellond Flhrironmental Poky Ali* Part 63. Fioodpian Mw"am d and Weftid p►otectim Procedural; and lads ima or regWollons applicable to Federal Asses. tans Proparns 9. a w■ imA the Qu faca7 under its ownership, teas* or supwvMm %d idt shad be Nissd in In sorwrdiisivnert of Ou prajact an not laud 17 an Ina EnMrorstandi Prvladfons Agancys (EPA) cat of Voltrfing Fw& Gsa and Ina 4 wi r*Wy dha Fe I room Ww" of Or receipt of enryt awn rri rhicedon 6hmn the Director of Oho EPA Oflba of Fedwal Access , 1, 11 hg Outs tar, lit to be uaad n the project is urdr aefeideratian Ibr dafktp by Ins EPA. 10. R wa carrupeir wdh On Good irheurance puachaae requirwnnMs of 9102 (a) of Ina Fllmd Disaster Prolactlorh Ad of I M Pubic Law 93-234, 87 Slat. 973, approved Deownbsr 31. t97O. SsWdn 102 (a) reQlim, on and afMsr Iwr+Oh Z 1975. Qu purthsae of Good I mi. n aamnuWes +*there audit ineurarrce is atielebie as a raiMarh for In receipt of any Federal rd w cW arssiatance for construction or acqusilon purposes for use in any area that how been tdw>NOI by ft Seentafy of dos Department of Mouairig and Urban Dsvebprnrt as an area hating special Hood hez- ards. Tha plhrass 'Federal lnancial asoMm tit' includes sty form of bet, gent. guarar#yr, motion** pay MK robots, subsidy, daaslar assistance ben or grant, or arty other Gann of died or khA r Federal aaaistanoa. 11. R we assist Qu Federal g anbx ergarrry n Gas cornplanw YA h $106 of gw NoonW HIshnic Pre arwdcnAdof 1968 w an andW (IOU. S.C. 47% E�ascutire Otrrtar t ttJ93, and Mesa Archao�bgical and Httriorit: Praswvatlon Act d t 966 (16 U. S. C. 409ht-1 M saq•) by (a) cornsrrRkhg vtrdh O4 StsOa R will corrrpl f. and al b oar I -1, s wil etir," vAh dins nondle rkthnabon reguirenwhls dQu Oatnittus Crlms Cortina and Sale Streets Ad of 1988, as -- i died, 42 USC 37Wd). to JlMnib Andes and Denrquency Prahwrtlon Act, ar Ors Vk*m d Cr4es Ad (as appeprMMX Tills V1 d Ire CM Rip+la Ad of 19641 as sahsn I 3eeion SD4 oflh* Retueb illukn Act of 1973, as anwhdad; SubM A. Tie l d Qu Amnions vA h DWabitiee Ad W)A) (100k Tads M of the Education Arnrndrnrts sf 197Z 1hs Age Disarninaion Ad of 19M 0sperbe wt of JLallm Reguladona, 20 CFR Part 42, Subp o to C. D ,E, arid G; and the Deprt- nw t d Ju» hfioe mgul ftm an dMab8ty do akrrns0on, 28CFR Part 35 and Part 39. 16. It wtl PVYW an Equal Oppwkff*y Program If -W-il d to Marhtain one, wfwe Ou appicatiort is #err Gll100 OW or mars. 19. lt vd am." wdh Qae prorhions of Its CowW Banton Remxx o Act (P.L. 97.31IG) doled October 19, 1962 (if USC 3501 d ape), whichh pool alit* estpart�ra d moat new fadaral hrhdrs tsilhirh the uahrls d Ir Coaald Barrier Rwourees Syvslan 20. lt will rxntpty wOh to prwAsiors of On Hatch Act which 6W the political actl4l o(rrnpkiiws of a stais or local Lint of garment wthne pix�al a io"r R s h oarhnactlon vAh an adMulty 1lrwhced in hetnols or in part by 1 t4-- Gib (USC ISM. of ap.) CJD-13 Issued 10/94 TNCP Instructions CJ©-15 Assurances The pre-printed assurances are required of all grantees and must be included, without change, with each application. Revised 1,94 Report of Federal Awards Indicate the amount of each federal grant award for the current fiscal year and the estimated arnourtrt of federal awards for the next fiscal year for the grantee agency. Source of Federal Funds Amount --Current Fiscal Year Amount --Next Fiscal Year Department of !dousing and Urban Development $ 91101,000 Federal Highway Administration Federal Transit Administration S 227,116 United States Z�epartment of Education S 33,399 Federal Aviation Administration $ 5,484,500 TOTAL S 14,846,015 CM-1-1 ksucd !1 Ut ZJIUNAI IVN Vi' L.IhAN I Vrrlk..INL.J CJD rules require that three persons be designated to the positions of Authorized Official, Project Director, and Financial Officer for the purposes of administering a grant. The Project Director and the Financial Officer may not be the same person but, under extenuating circumstances, one person may otherwise fill two positions. in accordance with the criteria an¢ definition of responsibilities set forth In the Financial and Administrative Requirements section of the CJD Grant Application and Administration Guidelines governing submission of this application, the following designations are made: APPLICANT: City of Lubbock PROJECT TITLE: sQUrh Platnc RPginnal NarrntftA Task Entr+ _ ?0 Mr. 0 Ms. Bill C. Townley Project Director (Type or Print) Leihhnck Pal ira rla: t=�{'a mini Title and Agency P.O. Brix 2QQQ Business Address (Street or P. 0. Box) Lubbock. Texas 79457 City zip ( 06) 767-2868 Telephone Number (806) 765-0379 Fax Number M Mr. 0 Ms. J. Robert Mass npale Financial Officer (Type or Print) 0 Mr. Q Ms. Bnh CA Authorized Official (rype or PrirR) Ci ry of i.tlbhnrk (Assistant 4ana2Pr) Title and Agency -_-P.O. Sox 2000 Business Address (Street or P. 0. Box) City Zip (R06) 767-201 S Telephone Number (806) 767-2051 Fax Number CI&yam+ f Lubbock (City t-hnagor) Title and Agency P.O. Box 2000 Business Address (Street or P. O. Box) Lubbock. Texas 79457 City Zip (806) 767-2001 Telephone Number (806) 767-7051 Fax Number CONFIDENTIAL FUNDS CERTIFICATION TO: Criminal Justice Division Office of the Governor Post Office Box 12428 Austin, Texas 78711 FROM: Naive: Bill Townley Position: Project Director Grant Title: South Plains Regional Narcotics Task Force Location; Lubbock, Texas Grant Number: SUBJECT: Disbursement of Funds for Confidential Expenditures This is to certify that I have read, understand, and agree to abide by all of the conditions for confidential finds as set forth in this attachment. Signature: `�� ate: (Project Director) 52 CERTIFIED ASSURANCES (1) The applicant assures that federal funds made available under this formula grant will not be used to supplant state or local funds but will be used to increase the amounts of such funds that would, in the absence of federal funds, be made available for law enforcement activities. (2) The applicant assures that matching funds required to pay the non-federal portion of the cost of each program and project, for which grant funds are made available, shall be in addition to funds that would otherwise be made available for law enforcement by the recipitmts of grant funds. (3) The applicant assures that fund accounting, auditing, monitoring, and such evaluation procedures as may be necessary, to keep such records as CJD shall prescribe, shall be provided to assure fiscal control, proper management, and efficient disbursement of funds received under the grant- (4) The applicant assures that it shall maintain such data and information and submit such reports, in such form, at such times, and containing such information as CJD may require. (5) The applicant certifies that the programs contained in its application meet all requirements, that all the information is correct, that there has been appropriate coordination with affected agencies, and that the applicant will comply with all provisions of the grant and all other applicable federal and state laws, regulations, and guidelines. (6) The applicant assures that it will comply, and all its contractors will comply, with the nondiscrimination requirements of the Justice Assistance Act; Title VI of the Civil Rights Act of 1964; Section 504 of the Rehabilitation Act of 1973, as amended; Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975; the Department of Justice Nondiscrimination Reguiaticas 28 CFR Part 42, Subparts C, D, E, and G; and Executive Order 11246, as amended by Executive Order 11375, and their impliemendng regulations, 41 CFR Part 60.1 g 2W., as applicable to construction contracts. (7) The applicant assures that in the event a federal or state court or federal or state administrative agency makes a finding of discrimination after a due process hearing on the grounds of race, color, religion, national origin, or sex against a recipient of Heeds, the recipient well forward a copy of the finding to the Office of Civil, Rights Compliance (OCRCX Off= of Justice PragranA, and the Criminal Jatice Division. (9) The applicant assures that it well require that every recipient required to formulate an Equal Employment Opportunity Program (ESOP), in accordance with 2E CFR 42.301 tg Mg., submit a certification to the state that: it has a current ESOP on file which ineets the requiremients therein. (9) The appliant assures that it will provide an ESOP, if required to maintain one, where the applirafm is for $500.000 or more. 59 (10) The applicant assures that it will comply with the provisions of the Office of the Justice Programs' "Financial and Administrative Guide for Grants", M7100.1 D. (11) The applicant assures that it will comply with the provisions of 28 CFR applicable to grants and cooperative agreements, including Part 11, Applicability of Office of Management and Budget Circulars; Part 18, Administrative Review Procedures; Part 20, Criminal Justice Information Systems; Part 22, Confidentiality of Identifiable Research and Statistical Information; Part 23, Criminal Intelligence Systems Operating Policies; Part 30, Intergovernmental Review of Department of Justice Programs and Activities; Part 42, Nondiscrimination Equal Employment Opportunity Policies and Procedures; Part 61, Procedures for Implementing the National Environmental Policy Act; and Part 63, Flood plain Management and Weiland Protection Procedures. (12) The applicant assures that wben issuing statements, press releases, requests for proposals, bid solicitations, and other documents describing projocu or programs funded in whole or in part with federal money, all grantees receiving federal funds, including but not limited to state and local governments, 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 applicant assures that the project employees will be randomly tested at narcotics by applicant policies. If policies are not already adopted to allow then such policies should be adopted. This criteria is designed to further environment. 59 least quarterly for illegal for random drug testing, provide a drug -free work CERTIFICATION I certify that the programs proposed in this application meet all the requirements of the Texas Narcotics Control Program, that all the information presented is correct, and that the applicant will comply with the provisions of the Texas Narcotics Control Program and all other federal and state laws, regulations, and guidelines. By appropriate language incorporated in each grant, subgrant, or other document under which funds are to be disbursed, the undersigned shall assure that the applicable conditions above apply to all recipients of assistance, 2 K q5 Authorized Official Bats City Of Lubbock Grantcc Grant if 60 EQUAL EMPLOYMENT OPPORTUNITY PROGRAM CERTIFICATION 1, Bob Cass . ccr%4 that: This agency employs fe%rr than 50 people; therefore, the required to file an equal opportunity program (Criminal Justice Agency) in accordance with 28 CFR 42.301 et sea., Subpart E. or is not This agency employs 50 or more people and has received or applied to the Criminal Justice Division, Office of the Governor for total funds in excess of $25,000; therefore, the City of Lubbock has formulated (Criminal Justice Agency) an equal employment opportunity program in accordance with 28 CFR 42.301 qM., Subpart E and that it is on file in the office of Ken A. :walker (n wne) P.O. Box 20QO. LMtbock, Tx. C-bief of Pali — (address) (tide) for review or audit by an official of the Criminal Justice Division, Office of the Governor as required by relevant laws and regulations. PROJECT TITLE: 2-,gco_�_r' Authorized Official (signature) lei Date City of Lubbock Grantee 61 Director (signature) I r /2 Date Grant 0 EEO/Affirmative Action Policy Statements It is the policy of the City of Lubbock to be fair and equitable in all its relations with its employees and applicants for employment without regard to race, color, religion creed, sex, age, national origin, disability, or marital status. The City of Lubbock continues to be committed to the concept of equal employment opportunity; that all persons shall be afforded equal access to positions in the public service limited only by their ability to do the job. Equal opportunity can best be effected through defini- tive programmed Affirmative Action. If progress toward achieving equal employment opportunity is to be made, every employee must realize that policies to remove inequalities cannot be merely passive. Positive steps must be taken to remove conditions which could result in unlawful employment discrimination. The major emphasis of this Affirmative Action Plan is to continue to remove artificial employment practices that could operate disadvantageously for an identifiable protected group of persons and to apply good faith efforts to seek out, employ, train and promote those General Objectives of the EEO/Affirmative Action Policy To achieve employment levels for protected group members throughout the classes of posi- tions in City employment in proportion to their availability in the relevant labor force. This will be achieved through targeted recruitments and increased hiring, promotion and training of these protected groups. Sex, race or disability may be considered as one factor in the hiring or promotion process in those job classifications where they are underrepresented, and where it does not unnec- essarily trammel the rights of other applicants or employees for the position. 2_ To prevent the occurrence of any arbitrary, unnecessary and artificial practices affecting protected group members by examining person- nel transactions and enforcing the use of relevant employment practices. AffiralfibW Adim Me 3-1 Cay of Lo,bbo& 041" SINGLE AUDIT ACT CERTIFIED ASSURANCE The grantee hereby assures compliance by itself and its applicable subrecipients (contractors) with the Single Audit Act of 1984, PL98-502 (ACT) and, particularly, with the requirements of OMB Circular A- 129 (copy enclosed) as follows (check one): 1. X Grant funds of $100,000 or over - An annual audit by an independent auditor made in accordance with the requirements of OMB Circular A-128. 2. Grant funds of $25,000 to $100,000 - An annual audit made in accordance with OMB Circular A-128 or in accordance with federal laws and regulations governing the program. 3. Grant funds of less than $25,000 - Exempt from the Act but governed by audit requirements prescribed by state or local law or regulation. Official (signature) imcial Officer (signature) Date City Of Lubbock Grantee Organizad" Gnot Number If items 1 or 2 above are checked, the grantee should, within 60 days following the date of the grant award, furnish the following information: 1. The identity of the organization conducting the audit. 2. Approximse time audit will be conducted. 3. Audit coverage to be provided. 62 NONPROCUREMENT DEBARMENT AND SUSPENSION SYSTEM Prior to the release of funds by the Criminal Justice Divisioa (CID) for ft&ral grants, your agency must review, sign, and return to C11D the attached OR Form 4061/1 -- ifi tort Itegardirtst Debamnent Sus"nsion Ineligibility, and Voluntary Exclusion- Lower Tier Covered Transactions. 1 The form must be signed by the 'Authorized Official" desipated in the grant. The U.S. Attomey General Order No. 1271-88, published in the Federal Reg_incr• Volume 53, No. 102, May 26, 1988, announced the adoption of a government -wide uniform system of Nonprocurement Debamncnt and Suspension that will be applicable to the nonprocurement assistance activities of the offices, bureaus, and divisions of the Department of Justice which have grant -making authority.2 All agencies/organizabons receiving federal funds from CJD in the amount of $25,000 or more must complete OR Form 4061/1 (9/88) which certifies that neither the agency/organization or its officers are debarred, suspended, ineligible, or are voluntarily excluded from receiving federal funds, before entering into a financial agreement (i.e., grants and contracts).3 in addition, any agency/organization contracting for goods and/or services of $25,000 or more (federal funds) must secure the same certification form the prospective contractor. The latter certifications must accompany the contract which, by separate requirement, is seat to CJD for approval. Agencies/organizations must base their certification upon a review of the monthly publication "Lists of Parties Excluded from Federal Procurement or Nonprocureme it Programs' and the weckly supplements to than issue prepared by the U.S. General Services Administration, to nonfarm that the agency/organization or its officers are not ineligible. Attached hereto is as information sheet that explains the usage of the 'Lists of Parties..." and how to obtain it. Your assistance implementing the cited Order is appreciated. If you have questions about the certification requirement, please contact the CJD Comptroller or Program Manager at (512) 463-1919. Insert Certification form Insert Certification instructions I Lower Tier Covered Transactions may be interpreted as any grant or contract transaction of $25,000 or more at the state or lowu levd. 2 Nonprocurernent may be interpreted as any fcem of grant or contract having the principal purpose of assistance activities, rather than federal procrrrerrrent actions. 3 Agency/organization may be interpreted as the entity is whose name the grant is awarded. Officers of the agency/organisation may be interpreted as any of the following persons who will have critical influence on or substantive control over that transaction (i.e., grant or eontrad): martbers of governing boards, directors, other employees, and consultants. 63 Instructions for Certification 1. By signing and submitting this proposal, the prospective lower tier participant Is providing the certification set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If It Is later determined that the prospective lower tier participant Knowingly rendered an erroneous certification, In addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, Including suspension and/or debarment. 3. The prospective lower tier participant shall provide Immediate written notice to the person to which this proposal Is submitted If at any time the prospective lower tier participant learns that Its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. r. The terms "covered transaction," "debarred," "suspended," "Ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out In the Definitlons and Coverage sections of rules implementing Executive Order 12549. S. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, It shall not knowingly enter Into any lower tier covered transaction orith a person who is debarred, suspended, declared ineilglble, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this'transaction originated. 6. The prospective lower tier participant further agrees by submitting this proposal that It will Include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary F_aclusion--Lower Tier Covered Transactions," without modification, In all lower tier covered transactions and In all solicitations for lower tier covered transactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a ower tier covered transaction that It is not debarred, suspended, Ineligible, or voluntarily excluded from the covered transaction, unless It knows that the certification Is erroneous. A participant may decide the ,nethod and frequency by which It determines the eligibility of Its principals. Each participant may check the Nonprocurement List. G. Nothing contained in the foregoing shall be construed to require establishment of a syster. . of •ecords In order to render In good faith the certification required by this clause. The knowledge and nformation of a participant Is not required to exceed that which Is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions, If a participant In a ,overed transaction knowingly enters Into a lower tier covered transaction with a person who is wspended, debarred, Ineligible, or voluntary excluded from participation In this transaction, In addition o other remedies available to the Federal Government, the department or agency with which this ransaction originated may pursue available remedies, Including suspension and/or debarment. f U.S. DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PROGRAMS OFFICE OF THE COMPTROLLER Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions (Sub -Recipient) This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 29 CFR Para 67, Section 67.510. Participants' responsibilities. The regulations were publisbed as Part VII of the May 26, 1988 Federal Register (pages 19160-19211). (BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS ON REVERSE) (1) 71c prospective lower tier participant certifies. by rubmissioe of this proposal, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared inelilplla, or voluntarily excluded from participation in this transaction by any Pend department or agency. (2) Wbere the prospective lower tier p"cipant is unable to certify to any of the it emits in this aertifscadoc, such praq ective participant shall attach an explanation to this proposal. Bob Cass, City Manager, City of Lubbock_ Texas Nunc and Title of Authorised Represenwive Sisnamm / / Date _ City of Lubbock Name of Orsaaiuticn P.O. Box 2000, Lubbock, Texas 79457 Address of Organization CERTIFICATION REGARDING DRUG -FREE WORKPLACE REQUIREMENTS OPTION I Grantees other than Individuals L MV1.1 I I. t l- 1 By signing and/or submitting this application or grant agreement, the grantee is providing the certification set out below. 2. The certification set out below is a material representation of fact upon which reliance was placed with the agency dctenniried to award the grant. If it is later determined that the grantee knowingly rendered an erroneous certification, the agency, in addition to any other rernedies available to the federal government, may take available action. I. The grantee certifies that it will provide a drug -free workplace by: (a) publishing a statement notifying empkoyees that the unlawful manufacturr, distnbutia% dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employ= for violation of such prohubitiaa; (b) establishing a drug -free awareness program to inform employed about: (1) the danger of drug abuse in the workplace; (2) the grantee's policy of maintaining a drug -free workplace; (3) any available drug counseling, rehabilitation, and employee assistance programs; and (4) the penalties that may be imposed upon employees for drug abuse violations. (c) maldng it a requiranent that each empkoyoe to be engaged in the paaz»a of the grant be given a copy of the statement required by paragraph (a); (d) notifying the employee in the statement required by paragraph (a) that, as a condition of emplayrtxat under the grant, the empk*w will: (1) abide by the terms of the stucment; and (2) notify the employer of any criminal drug statute conviction for a violation occurring i workplace trot later than five days alter such conviction. Ifl (e) notifying the agency within ten days after receiving notice under subparagraph (d)(2)from an errpfo,, or otherwise receiving actual notice of such conviction; (f) taking one of the following actions with respect to any employee who is so convicted; (1) taking appropriate personnel action against such an employee, up to and including termination; or (2) requiring such employer to participate satisfactorily in a drug abuse assistance or rehabilitation progrann approved for such purposes by a federal, state, or local health, law enforcement, or other appropriate agency; (g) making a good Faith effort to continue to maintain a drug -free workplace through implementation of paragraphs (a), (b), (c), (d), (e), and (f). The grantee shall insert in the space provided below the site(s) for the performance of work done in connection with the specific grant. Place of Performance: City of Lubbock (Organization) P.O. Sox 200Q, _ LUbbnck Imhhnrk Toxn� 19457 Street sddmu City County State Zip Code Bob Cass Name of Person City Of Lubbock Qrgaaiistion City Manager Titl C Sigmtkue 65 SUBSTANCE ABUSE POLICY 5.05 SUBSTANCE ABUSE POLICY. The City of Lubbock is committed to maintaining a safe and healthful work place free from the influence of alcohol and drugs and will vigorously comply with the requirements of the Drug -free Work Place Act of 1988. The City of Lubbock will not tolerate on -premises or on -duty use, possession or distribution of illegal drugs or alcohol by City employees. All employees are required to report to duty free of drugs (beyond the direction of a physician), controlled substances, and/or alcohol. Employees who violate this policy, or the prohibitions provided herein, are subject to disciplinary action up to and including discharge from employment. The City of Lubbock will maintain a policy for mandatory alcohol and drug testing for commercial Driver's License (C.D.L.) operators. Testing Procedures A. Pre -employment or promotion. As a condition of appointment or promotion, all applicants for employment at the City of Lubbock must sign the employment application agreeing to submit to drug testing. Applicants selected for hiring or promotion will submit to drug testing at the City's expense prior to appointment. B. For Reasonable Suspicion. Current City employees are required to be drug -free during working hours and may be drug tested if there is reasonable suspicion that the employee is: 1. using illegal drugs or controlled substances, 2. using prescription drugs beyond the directions of the physician, or 3. under the influence of alcohol during working hours. Circumstances which constitute a basis for determining "reasonable suspicion" may include, but are not limited to the following: 1. a pattern of abnormal or erratic behavior. 2. a work -related accident. 3, direct observation of drug or alcohol use. 4. presence of the physical symptoms of drug or alcohol use (i.e,, glassy or bloodshot eyes, alcohol odor on breath, slurred speech, poor coordination and/or reflexes). Supervisors are required to detail in writing the specific facts, symptoms, or observations which formed the basis for their determination that reasonable suspicion existed to warrant the testing of the employee. C. PROHIBITIONS Ali employees must be aware that violations of any of the above procedures will subject employees to disciplinary action up to and including discharge for a first offense at the City's sole discretion. In addition to the above, the following practices are strictly prohibited: Use, possession, manufacture, distribution, dispensation, or sale of illegal drugs or drug paraphernalia on City premises, in City supplied vehicles, or during working hours. 2. Unauthorized use or possession, or any manufacture, distribution, dispensation, or sale of a controlled substance on City premises, in City supplied vehicles, or during working hours. 3_ Unauthorized use, manufacture, distribution, dispensation, or possession of or sale of alcohol on City premises, in City supplied vehicles, or during working hours. 4. Unauthorized storing in a locker, desk, automobile, or other repository on City premises any illegal drug, drug paraphernalia, alcohol or any controlled substance. 5. Testing positive at a specified level for an unauthorized controlled substance, illegal drug, or alcohol. 6_ Use of alcohol or drugs off City premises in a manner that adversely affects the employee's work performance or his/her own or others' safety at work. 7. Possession, use manufacture, distribution, dispensation, or sale of illegal drugs off City premises in a manner that adversely affects the employee's work performance or his/her own or others' safety at work. 8. Switching or adulterating any samples submitted for testing. 9. Refusing consent to testing when requested by management in accordance with this policy. 10. Failing to adhere to the requirements of any drug or alcohol treatment or counseling program to which the employee is referred. 11 Conviction under any criminal drug statute. 12. Failure to notify the supervisor of any conviction under any criminal drug statute occurring in the workplace within five days of conviction. 13. Refusal to complete a medical questionnaire and consent form prior to testing. 14. Refusal to complete the chain of custody form after submission of a urine or blood specimen. D. TESTING METHODOLOGY Substance abuse testing will be performed by qualified subcontractors or laboratories designated by the City of Lubbock, and appropriate documentation and security will be provided. All drug testing samples will be obtained by observing a chain of custody to verify ownership, identity, and those individuals in receipt of and responsible for processing. All samples that are indicated to contain abused substances by the initial screening procedure will be confirmed by a definitive test. Upon confirmation, the sample will be considered positive. Employees will inform the laboratory conducting the test if they are taking prescribed medication which could affect job performance and test results in any manner_ Employees must also provide proof of prescriptions if required by the Medical Review Officer. Any information obtained from substance abuse testing will be treated in a strictly confidential manner. Results may be retained for the City and are exclusively the property of the City. Positive results from the confirmation tests will dictate personnel action according to City policy. Employees with positive results will be notified and provided an opportunity to appeal actions taken on the basis of these results. E. DEPARTMENT OF TRANSPORTATION MANDATORY ALCOHOL AND DRUG TESTING PROCEDURES FOR ALL COMMERCIAL DRIVERS LICENSE (C.D.L.) DRIVERS. This policy applies to all drivers who are required to have a C.D.L. to operate City equipment greater than 26,000 pounds or a farm unit greater than 10,000 pounds, a vehicle designed to carry 16 or more passengers, a vehicle of any size transporting hazardous materials requiring placards, will be included in the pool for random alcohol and drug tests. (Drivers of fire equipment do not fall under this provision.) Any supervisor that is considering an applicant for a job that requires a C.D L., must contact the desired applicant's prior employers to determine whether he or she has tested positive for drugs or alcohol in the previous two years. If so, the employer is precluded from using the driver until certain qualifying conditions are met_ The background check must be completed within 14 days or the employer is precluded from allowing the driver to drive. Testing Methodology a. In addition to the testing process discussed earlier, the Department of Transportation requires employers to conduct random, post -accident return -to -duty and follow-up drug and alcohol testing. Random annual testing for alcohol will be 25% of the total C.D.L. driver population and 5013/c for drug testing. Each month, a random sample will be drawn from the population of employees subject to DOT Testing. This will be the duty of the Human Resources Department. Those employee names drawn will be subject to testing. b. No operator shall be allowed to perform a safety sensitive function if the result of a breath alcohol test has revealed a level of greater than 0.02. In this case the driver shall be suspended from performing any safety sensitive functions until the start of the driver's next regularly scheduled duty period, but not less than 24 hours following the administration of the test. c_ Refusal to submit to testing is a violation of this policy. The following behavior constitutes a refusal: 1. Refusal to take the test. 2. Inability to provide sufficient quantities of breath or urine to be tested without a valid medical explanation. 3. tampering with, or attempting to adulterate the specimen or collection procedure. 4. No reporting to the collection site in the time allotted. 5. Leaving the scene of an accident without a valid reason before the tests have been conducted. d. Any driver that has a positive test result for controlled substances shall not be permitted to perform any safety sensitive function. A Medical Review Officer (M.R.O.) will review test results for all substance abuse testing. The Medical Review Officer will be supplied by the contractor for Substance Abuse and Alcohol Testing. Prior to verifying a 'positive' result, the M.R.O. shall make every reasonable effort to contact the drivers (confidentially), and afford him/her the opportunity to discuss the test results. If after making all reasonable efforts and documenting them, the M.R.O. is unable to reach the driver directly, the M.R.O. shall contact a designated management official, who shall direct the driver to contact the M.R.O. as soon as possible (within 24 hours). Under split -sample collection procedures, the driver has 72 hours following notification of a positive result to request the secondary sample to be analyzed. In the event a split -sample was not taken, or was of inadequate quality, the original test would be voided and the driver would not be subject to a retest. e. Any driver who is subject to post -accident testing must remain available, or the employer may consider the driver to have refused to submit to testing. The driver subject to post accident testing must refrain from consuming alcohol for eight hours following the accident, or until he/she submits to an alcohol test, whichever comes first. 2. Retum to Duty Prior to returning to duty, any driver will be required to undergo a return -to -duty alcohol test with a result indicating a breath alcohol level of less than 0.02. Any driver that has a positive test result for use of controlled substances must undergo evaluation and prescribed treatment from a Substance Abuse Professional (S.A.P.). The Substance Abuse Professional will be available by appointment through the contracted Employee Assistance Network contractor for the City of Lubbock. The driver shall also be subject to unannounced follow-up testing. The number and frequency of such testing shall be as directed by the S.A.P., and consist of at least six tests in the first 12 months. F. CONSEQUENCES FOR VIOLATION OF THIS POLICY. Employees who violate this policy, or the prohibitions provided herein, are subject to disciplinary action up to and including discharge from employment. G. DRUG -FREE AWARENESS PROGRAM The City of Lubbock will provide employees with information to warn about the dangers of drug abuse. Information regarding the drug counseling, treatment, rehabilitation, and other appropriate resources available to employees will also be provided. All employees will receive a copy of the Drug Free Workplace Policy upon employment with the City. H. EMPLOYEE RESPONSIBILITIES As a condition of employment, every employee will: Abide by the terms of this policy, and • Notify the supervisor of any criminal drug statute conviction for a violation occurring in the workplace no later than five (5) days after such conviction. I. FEDERAL NOTIFICATION The Department Head through appropriate City management, shall within ten (10) days after receiving notice from an employee or otherwise receiving actual notice of such conviction, notify the appropriate Federal Agency of such conviction. REVISED SUBSTANCE ABUSE POLICY 5.05 I acknowledge that 1 have received a copy of the revised Substance Abuse Policy 5.05 that was revised January S, 1995. A copy of this statement will be put into my personnel file indicating receipt of policy. Print Name Job Title Signature Social Security Number Department Date CERTIFICATION REGARDING LOBBYING Prior to the release of federal funds by the Criminal Justice Division (CJD), the Authorized Official for grantees which receive S100,000 or more must complete and return the attached Certification Regarding Lobbying, including the CJD grant number to which the certification applies. (Note: The grant number is set forth on the Statement of Grant Award.) CERTIFICATION REGARDING LOBBYING Each person shall file the most current edition of this certification and disclosure form if applicable, with each submission that initiates agency coricideratioa of such person for an award of a federal contract, grant, or cooperative agreement of $ 100,000 or more; or federal loan of $150,000 or more. This certification is a material representation of fact upon which reliance was placed when this transaction was wade or entered into. Submission of this certification is a prerequisite for making or entering into this traction imposed by section 1392, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than S 10,000 and not more than S 100,000 for each such failure. The undersigned certifies. to the best of his or her Icnowiedge and belief, that: (1) no federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal amendment, or modification of any federal contract, grant, loan, or cooperative agreement; (2) if any non-federal funds have been paid or will be paid to any person for influencing or atumpting to inilueaa an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with �i federal contract, grant, loan. or cooperative fit, the undersigned shall check here and cormpW and submit Standard Form g 'Disclosure Form to Report Lobbying', in accordanoe with its insbmcdons; (3) the undersigned shall require that the language of this certification be included in the award documents for all sub -awards at all tier: and that all sub -recipients shall artify aaar"gly. r //w Signature of Authorized Official ate Orant Number City of Lubbock Granta 66 SOUTH PLAINS REGIONAL NARCOTIC TASK FORCE AGREEMENT THIS AGREEMENT is entered into on this Z t4` day of � �� e ba , log - by and between the City of Lubbock, Texas, (hereinafter referred to as "Coordinating Agency") and City of Lamesa, Texas, (hereinafter referred to as "Participating Agency"), both parties being political subdivisions and local governments or agencies of the State of Texas, pursuant to the authority granted and in compliance with the provisions of the Interlocal Cooperation Act, Chapter 791 of the Government Code of the State of Texas, and the provisions of Chapter 362 of the Local Government Code of the State of Texas and in furtherance of the responsibilities of said parties provided by law with regard to the investigation of narcotic and drug related criminal activity and enforcement of narcotic and drug related laws of this state. NOW THEREFORE, IT IS MUTUALLY AGREED BY THE PARTIES THAT: 197wel 1) "law enforcement officer" shall mean any police officer, Department of Public Safety officer, sheriff, deputy sheriff, constable, deputy constable or marshal; 2) "participating agency" means a county, municipality, or state agency which is a parry to this agreement and signatory to this agreement; 3) "municipality" means any city or town, including a home rule city or a city operating under the general law or a special charter; 4) "chief law enforcement officer" means the Chief of Police of a municipality, the sheriff or a county, or the local officer in authority of the Department of Public Safety; 5) "chief administrative officer" means the mayor or city manager of a municipality or the county judge of a county or the corresponding officer of the Department of Public Safety; II. PURPOSE. The purpose of this Agreement is to cooperate in the investigation of narcotic and drug related criminal activity and enforcement of the narcotic and drug related laws of this state within the South Plains region of the State of Texas. Funding for such operations initially shall be supplemented by a federally funded grant in connection with the Governor's Anti -Drug Abuse Program, which will be administered by the coordinating agency. Such federal funding may or may not be continued in the future. The specific purposes of this Agreement include cooperation in the following areas: 1) participating in intelligence activities and other law enforcement activities on narcotic trafficking; 2) maintaining an effective communication network with participating agencies; 3) administering a supplies account for use by both the coordinating and participating agencies; and 4) assuring compliance with the requirements of the Governor's Anti -Drug Abuse Program. 111. AUTHORIZATION. This Agreement shall be duly authorized by the governing body or equivalent of each party as evidenced by the signatures of each chief administrative officer herein. Failure of a governing body to authorize this agreement shall render this agreement null and void. IV. RESPONSIBILITIES. 1) The coordinating agency may assign its law enforcement officers to perform narcotic and drug related law enforcement duties outside the coordinating agency's territorial limits, subject to its determination of availability of personnel and discretion as to participation, when: A) requested by the chief law enforcement officer, or his designee, of a participating agency; and B) the chief law enforcement officer, or his designee, of the coordinating agency has determined, in his sole discretion, that the assignment is necessary for the investigation of narcotic and drug related criminal activity and for narcotic and drug related law enforcement. 2) A participating agency may request assistance by the coordinating agency's six - member task force team, special equipment or supplies, which request shall include a statement of the amount and type of equipment or supplies and personnel required and shall specify the location to which such equipment or supplies and personnel are to be dispatched. All such requests shall be for narcotic and drug related law enforcement activities and in accordance with all applicable requirements of the Governor's Anti -Drug Abuse Program. V. WAGES AND ENTITLEMENTS. A law enforcement officer who is ordered to perform police duties under this Agreement outside the limits of the coordinating agency's jurisdiction shall be entitled to the same wage, salary, pension, and other compensation and rights, including injury or death benefits, as if the service were rendered in the jurisdiction of the officer's regular employment. The officer is also entitled to payment for any reasonable expenses incurred for travel, food or lodging while on duty outside the territory of the officer's regular employment. The agency regularly employing the officer shall pay all wages and disability payments, pension payments, damages to clothing and equipment, medical expenses and travel, food and lodging expenses. VI. DUTIES. Law enforcement officers responding to a request for assistance made pursuant to this Agreement shall do so under the direction and supervision of the agency requesting the assistance. Said officer shall possess all of the powers of a regular law enforcement officer of the party requesting assistance, as fully as though he were within the territorial limits of the jurisdiction where he is regularly employed. His qualifications for office where he is regularly employed shall constitute his qualifications for office within the territorial limits of the requesting agency, and no other oath, bond or compensation shall be required. Law enforcement officers responding to a request for assistance pursuant to this Agreement, when traveling to or from the location where assistance is required, shall be deemed to be employed in the full line and cause of duty of the responding agency. VII. WAIVER AND INDEMNIFICATION. (1) All immunities from liability enjoyed by each party within its own territorial limits and jurisdiction shall extend to its participation in rendering mutual aid pursuant to this Agreement outside its territorial limits and jurisdiction unless otherwise provided by law. (2) All immunities from liability and exemptions from laws, ordinances and regulations which law enforcement officers employed by the parties have in their own jurisdictions shall be effective in the jurisdiction in which they are providing assistance unless otherwise prohibited by law. (3) Each party shall indemnify and hold harmless the other party to this Agreement from all claims by third parties for property damage or personal injury which may arise out of activities undertaken while receiving assistance under this Agreement. In lawsuits where either party may be liable in part or in total for the payment of damages, then the other party to this agreement may intervene in such cause of action to protect its interest. VIII. AMENDMENTS. This Agreement contains all commitments and agreements of the parties and no other oral or written commitments shall have any force or effect if not contained herein. Any proposed amendments shall not become effective until approved in writing by both parties to this Agreement. IX. TERM AND EFFECTIVE DATE. This Agreement shall become effective upon approval by the governing body or equivalent of both parties and signing by the authorized and designated agents of each party. It shall remain in effect until terminated by either party upon written notice and setting forth of a date of termination. The parties agree that each shall have the right to terminate this Agreement upon thirty (30) days written notice to the other party. /'lI WN" Each party agrees that if legal action is brought under this Agreement, exclusive venue shall lie in Lubbock County, Texas. XI. REIMBURSEMENTS. All parties hereto agree that even though Chapter 362 of the Local Government Code allows the responding party to seek reimbursement for services from the requesting parties no party hereto shall request reimbursement for any claim, damage or expense of any nature whatsoever arising out of the performance of activities under this Agreement. XII. GUIDELINES. A copy of the South Plains Narcotics Task Force Operation Guidelines for performance of this Agreement are attached hereto as Exhibit A and the provisions thereof are incorporated herein and made a part hereof for all intents and purposes, except that any property seized in the City of Lamesa through the use of the Task Force personnel, equipment or funds shall be forfeited to the Task Force and the City of Lamesa on a pro rata basis depending upon the percent of participation in such seizure by the personnel, equipment or funds of the Task Force and the City of Lamesa. XIII. SAVINGS CLAUSE. In the event that one or more provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision of this Agreement and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained in this Agreement. IN WITNESS WHEREOF, the parties to this Agreement have executed this Agreement as of the effective date written below, each respective party acting by and through its governing body and authorized agent in manner required by each party's charter or by law on the date hereinbelow specified. SIGNED THIS day of D ec,e ro ,Q , , 19 fir. PARTICIPATING AGENCY: CITY OF LAMESA Name of City, County or Agency BY: r �� ATTEST: Secretary ATTEST: Betty Jbfinson City Secretary APPROVED AS TO CONTENT: Ken A. Walker Chief of Police APPROVED AS TO FORM: A istant City orney EXHIBIT A SOUTH PLAINS NARCOTICS TASK FORCE OPERATIONAL GUIDELINES CONFIDENTIAL INFORMANTS Information purchased from confidential informants may be paid with Task Force funds only under the following conditions: The confidential informant must be documented by meeting with an agent of the Task Force. A Task Force Personal History Report will be completed on the informant. The confidential informant will be finger printed and a signature obtained. The informant may be photographed. The confidential informant will be required to sign an Task Force Working Agreement. 2. Upon receipt of funds for information, the confidential informant will be required to sign a Task Force Receipt. Twenty-five percent (25%) of the transactions involving paid informants must be witnessed by an agent of the Task Force. Ten percent (10%) of the transactions involving paid informants must be witnessed by the Task Force supervisor. Persons currently on parole, probation, or those persons under 18 years of age may not be used as a paid confidential informant without obtaining a proper court order. FUNDS FOR THE PURCHASE OF NARCOTICS Task Force funds may be used for the undercover purchase of narcotics only under the following conditions: An officer of the member agency or Task Force must complete and sign an Expenditure Authorization form. If a planned narcotic purchase is not completed, all funds must be returned to the Task Force within seven (7) days from the date of disbursement. EQUIPMENT Task Force equipment may be used by only member agencies provided: An officer of the member agency signs for the use of the equipment and accepts responsibility for the equipment. Lost or damaged equipment must be repaired or replaced by the member agency which accepted responsibility for use of the equipment. 2. Unless approved by the Task Force Supervisor, equipment must be returned within seven (7) days from the date of issuance. INTELLIGENCE INFORMATION Agents of the Task Force will gather, analyze, and disseminate narcotics intelligence information to member agencies, provided: Each member agency provides the name, address, and telephone number of an officer in the agency. Unless impractical, agents of the Task Force will communicate with the same officer of each member agency on all occasions. SEIZURES Agents of the Task Force will assist any member agency with applicable forfeiture proceedings, provided: 1. Assets or property seized through the use of Task Force personnel, equipment or funds must be forfeited to the Task Force. 2. A Task Force Seizure form should be completed and forwarded to the Task Force within seven (7) days from the date that forfeiture proceedings are initiated. USE OF TASK FORCE PERSONNEL Agents of the Task Force may assist any member agency in any narcotic operation, provided: The responsible person of the member agency has signed a Mutual Aid Agreement with the City of Lubbock. 2. At least one officer of the requesting member agency must be actively involved in the operation in the requesting agency's jurisdiction. dp: c ityaM iti gatela-s prntf. doe September 13, 1995 City of Lubbock P.O. Box 2000 Lubbock, Texas 72457 (BOB) 767-2222 Fax (BOB) 762-1 946 November 6, 1995 Russell W. Castleberry Lamesa Police Department 211 N. Houston Lamesa, Texas 79331 Dear Mr. Castleberry: Office of The City Attorney Enclosed are two (2) original South Plains Regional Narcotic Task Force Agreements. Please execute both originals and return same to me. After I have obtained all of the appropriate signatures I will return an original to you for your file. Sincerely, onald G. Vandiver First Assistant City Attorney DGV/dp Encl: Agreements (2)