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HomeMy WebLinkAboutResolution - 4721 - Grant Application - GO CJD - SPRNTF - 01/26/1995Resolution No. 4721 January 26, 1995 Item #26 L-1-4- 1 _111 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 r 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. E Passed by the City Council this TTEST: APPROVED AS TO CONTENT: w alker, Chief of F4199AIA, affTMw6 4 ; u 'I arold Willard, rssistant City Attorney 11W:js/G-SPRNTF.RES ccdocsdanuary 12, 1995 Resolution No. 4721 January 26, 1995 Item #26 CRIMINAL JUSTICE D I V I S I O N GRANT APPLICATION FORM Office of the Governor, State of Texas Ann W. Richards, Governor Adan Mudoz, Jr., Director Criminal Justice Division CITY OF LUBBOCK § COUNTY OF LUBBOCK § STATE OF TEXAS � AFFID A`'IT Before me, the undersigned authority, personally appeared Betty M. Johnson, ,,vho, being by me duly sworn, deposed as follows My name is Betty A 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. Affiant 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. LORI BETH VIKLKER (Se Wam � 10,23-!6 � �,:zz4; 6' 16 i� Notary Public, State of Texas Conunission Expires: 10/23/96 HPPLICATMUN FOR OTATE OR t-EDE PUCIrSSMSTANCE OFFICE OF THE GOVERNOR, CRJMINAL JuencE DwION 1. For CJO Use only 3. a. Date Subn dod b, Applicant iderMifrer AI- - 9 -0 - _-0L2 i 2_ Feder"MtaW Program CtasaMfoatkon (For CJD Use Ortf)r) 4. a. Dale Received by St*WCOG b. State Appkabon IdwVw S. Appircant Information a. Legal Name: C. Ogw**xw* Urd City Of Lubbock Texas Lubbock Police Department b Address (QW street or P. O. Sox, cpl�: state, and Aw rode} d. Name, telephone, and tax number of the person to be contacted concwrwV that appkzbon (give area code). P.O. Box 2000 Lt. Ralph Bowen (806) 767-2860 Lubbock, Lubbock County, Texas 79457 Fax (806) 744-1677 6 State Payee IdeattifKabon Number 7. Type of Appft" (enter ft appnpiete *Nor v box) 17560005906000 A. stave K. Wwd� Sctxwi owoo C S. Coach) J. State Controead Im XMuticrr d Ffptter Laanr�} C. Mikert F J. Private tray a. Tom%&,ip K wKfim Trim s. Type of Application: New �A C4r>RJruration E- irdersts" L bxky W F. lift as m9w K Privet* NwWrofll Corpors orf G- Spiel Dari ft COW (apet^il": l! cor+brteratiort, crater )sear of ft�rtdirrg h t 9. Name of Grantor Ag'�Y Offsoe of the Govamor, CrirwiW JvFbco DrAsm P. 0. Box 12428 10. if Appkabon for Federal Finds: Check Catabg of Federal Domestic Asssstartve Nurnbar (a'J'! N*)Aersfirt, Taxan 78711 11. Geographic Areas of Proved Activities (COas &W Co m&Q 16.540-Juvwide Justice 3 DekKpierey Prever»bon Act t] 16.575—Vi:bms of Crime Ad Counties: Bailey, Dickens, Crosby, Floyd,. O 16.579—Texas Narcotics Cort roi Pmgcam Garza, Hale, Hockley, Lamb, 0 16.550—#iigh Intensity Drug Trafficking Program Lubbock, Lynn, Motley A encies:(See Continuation 12. The of Prt>ject 13, Prop*w4 Project South Plains Regional Narcotics Task Force A. SWD*A: b. En*gDdL 06-01-95 05-31-96 14. tf AppBCabori for State Fends. a_ Cheat appropriate UNi: (or iyy ane) a If 421 Ferri, dteckc pno *f. (a* am) c. Check One: U 421 Fund J Cnrne Stoppers Assistance Fund D C.J. Ptautrrng !aw Enforcenusrt Trairiirtg O Juvsrtie O OlTw Fund O Vloient Crane (3 Dntgs O Gangs O Vktims Z) Na*,* nae IS- Requested FundkV: 1 d. h appUcatim Subject to rwAew by shut a mcutive arda 12372 pratssa? a. Federal Grant $ 260,988 00 Fends (CJD)YES, this appicatlart wee prov%W to to Texas Revlew artd Cormertt System (TRACS) for review on 01-30-95 b. State Grant s 00 Funds (CJD) (doe) O Program is Sat covered by E. O. 12372 e_ Cash IuWd i Oa $5,997 O Magrartt hn not been selected by ante fat m Mm 17. ls the applicant dekxr att an any federal debt? (WWA A its. v Ory) a. TOTAL S 347,985 00 a Yes H'Yae• atfaett an exptar>s0on � NO 18. To the beet of my Ivwwbdga and beast, ad data in itis appiradan is true and carted The docerrtert has been duty aerttt weed by Lha go,rarrt�tg body of UM appiesrtt and 1M applicant will cow0y m1h the attached aaseranen if the assistance a< awarded. a. Typed Name of At d=zad Of tai b. The c. Teiephone Number Bob Cass City Manager (806) 767-2001 d. SW ah" dA�upthormeddOOfficial e C -W-1 % [succi 10 94 Continuation Page CJD 11: Ili Agencies: Bailey County Sheriff's Office, 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 Department, Olton Police Department, Petersburg Police Department, Plainview Police Department, Rails 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 regional 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 SPRIT:, 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. CJD -2 Issued 10193 BUDGET INFORMATION Section A—Budget Summary L S Amount $86,997 Source Asset Forfeitures Amount $50,000 I h (�) (2) (3) (4) e Budget Categories d U CJD Funds Cash Match In -Kind Match Total e (s« YOGA a,w rwft v u,. 0"M 1. A. Personnel (Salaries) $ 151,020 $ 50, 343 $ $ 201, 363 2. A. Personnel (Fringe Benefits) 59,63 L 1 37, 79,50E 3. B. Contractual a. c. Travel 5,810 1,835 7,745 s. D. Equipment 859 2$6 1,145 6. E, Reserved for Future Use 7. F. Supplies & Direct Operating Expenses 43,668 14,556 58,224 a. Total Direct Charges cs..,,or1'7) 250,983 85,997 347,985 s. 1 G. Indirect Costs -0- -0- 10. (Sum of250,988 ; 86,997 347,985 Program Income $ 50,50 Section B --Cash Match` Enter separately each source of xwct** hands and the arnount& Total roust agree with Line 10Column 2 above. Section C—program Income Total must agree +Mith Line 11, Column 4 move. Source Program Income Amount $86,997 Source Asset Forfeitures Amount $50,000 Interest on Accounts S 600 e Applicant must dmiose the source of cash match if any. Ivied 10194 Office of the Governor Criminal Justice Division SCHEDULE A PERSONNEL 1. Direct Salaries 2. Fringe Benefits (1) (2) (3) Title or Position' % of Timet CJD Funds Cash Match TOTAL' (A) Ser giant 100 $ 28.649 $ ; 38-199 (B)Corooral Investi�ato Retirement 1.43% 17,337 4 (C) Investi ator Insurance (Life 3 Health)QO. 28 "f (D) Investi ator 100 24,Q37 8,0130 2,286 (C) Investigator 100 24,037 (F) Investigator Other (Explain) (see continuation) 24,037 12 150 2 (G) (H) TOTAL Fringe Benefits $ 5946313 TOTAL Direct Salaries $151 o n k0 343 ; 201 363 2. Fringe Benefits ' Include only one position per line. Attach a description of the duties or responsibilities of each position. z. Express as a percent of total time. (40 hours per week) ' 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. Isued 10/9 % or $ Rate FICA & Medicare @ 7. 6 57 $ $ $ 15-404 Retirement 1.43% 17,337 77 Insurance (Life 3 Health)QO. 28 Workers' Compensation 4* o.00 6,858 2,286 9,144 Unemployment Insurance Other (Explain) (see continuation) 12 150 4,050 16,200 TOTAL Fringe Benefits $ 5946313 i TOTAL PERSONNEL BUDGET $ 210,651 $ 70,220 $ ZiL..L7 ' Include only one position per line. Attach a description of the duties or responsibilities of each position. z. Express as a percent of total time. (40 hours per week) ' 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. Isued 10/9 (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 % CJD i MATCH TOTAL other (explain) Longivity/Stability Pay $50/mo. $2,700 $ 900 $3,600 Educational'Incentive Pay $125/mo $6,750 $2,250 $9,000 Clothing Allowance $50/mo $2i7.0 $ 9 0. $ 3,600 Totals $12,150 % ,05n' $16,200 Office of the Governor Criminal Justice Division SCHEDULE B PROFESSIONAL AND CONTRACTUAL SERVICES REQUIRED BUDGET NARRATIVE: Briefly describe and justify any anticipated contractual arrangement and work products expected. Describe basis for arriving at the cast of each line item. Professional services (such as consultants, trainers, counselors, etc.) should be described by type of service, numberof hours, rate per hour, and travel costs, if any. Use additional pages as needed. issued 10194 (�) (2) (3) Description of Service CJD Funds Cash Match TOTAL (A) $ $ $ (B) (C) (D) (E) (F) (G) (H) TOTAL PROFESSIONAL AND CONTRACTUAL SERVICES $ ; $ REQUIRED BUDGET NARRATIVE: Briefly describe and justify any anticipated contractual arrangement and work products expected. Describe basis for arriving at the cast of each line item. Professional services (such as consultants, trainers, counselors, etc.) should be described by type of service, numberof hours, rate per hour, and travel costs, if any. Use additional pages as needed. issued 10194 lce of tree Governor Criminal Justice Division SCHEDULE C TRAVELrrRAINING 1. local Travel 2. In -State Travel (Specify clearly and use continuation pages d necessary) Purpose ft) (2) (3) Title or Position Miles Traveled Annually/;Rate CJD Funds Cash Match TOTAL (A) TNCP Annual Conference $ $ ; (a) .'CP Commander's Meetings TBA 728 242 (D) see continuation ; 1,020 ; 340 ; 1 350 (D) IN-STATE TRAVEL TOTAL. ; 7 ; ; (E) (F) (G) (H) LOCAL TRAVEL TOTAL 2. In -State Travel (Specify clearly and use continuation pages d necessary) Purpose Destination CJD Funds Cash Match TOTAL Basic Narc. Inv. School TBA ; 2914 071 1-825 TNCP Annual Conference Odessa TQC i,148 392 .'CP Commander's Meetings TBA 728 242 q see continuation ; 1,020 ; 340 ; 1 350 IN-STATE TRAVEL TOTAL. ; 7 ; ; 3. Out -of -State Travel (Specify clearly and use continuation pages d necessary) PUEPOSS Destination CJD Funds Cash Match T TAL D.E.A. Basic or Advanced 1 , 935 7,745 $ $ Narcotics Investigator's School I TBA 1 1,020 1 340 1.360 OUT-OF-STATE TOTAL (see continuation ; 1,020 ; 340 ; 1 350 TOTAL TRAVEL BUDGET $ $ ; 10 1 , 935 7,745 NOTE: When personally owned vehicles are used for travel, transportation costs are shown on Schedule C. When agency or [eased vehicles are used, the vehicle operation/maintenance casts should be shown on Schedule F, 'Supplies and Direct Operating Expenses.' Tuition for training courses should be listed as supplies in Schedule F. 1s5ucd 10 94 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. Break out 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 City 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. _ $ 90.00 lodging- est. $65/day X 4 days X 4 officers = $1,040.00 meals- $25/day X 4 days X 4 officers = $ 400.00 total $1,530.00 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/dap 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 i 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 Ci[ -7 Lvmeed 10191 Office of the Governor CriminalJustice Division SCHEDULE D EQUIPMENT PURCHASES REQUIRED BUDGET NARRATIVE: Describe the basis for arriving at the oost 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 iicreases 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 230 -MW and the 30%W 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 without compromising the investigation. The price of the transmitter was furnished by vendor. (A.I.D.) SCHEDULE E Reserved for Future Use Issued 10/94 (1} (2) (3) Equipment Name or Description and Quantity (Do Not List Brand Names) CJD Funds Cash Match TOTAL (A)Covert one watt miniture voice transmit (B) rS =9.:;3 $ $286.00 _$__1,145.00 (C) (d) (E) (F) (G) (H) TOTAL EQUIPMENT PURCHASES $859.00 ; S286.Q0 $ 1,145.00 REQUIRED BUDGET NARRATIVE: Describe the basis for arriving at the oost 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 iicreases 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 230 -MW and the 30%W 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 without 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 REQUIRED BUDGET NARRATIVE: Describe the basis for arriving at the cost of each fine 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) 58,136 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 4�) (2) (3) Directly Charged Supplies and Other Operating Expenses CJD Funds Cash Match TOTAL (A)Vehicle Expenses $ $12,447 $$4,149 $ 16,596 (B) Confidential Funds $22,500 $7,500 30,000 (C)Office Sup plies S 863 $ 287 1,150 (D)Narcotic Test Kits $ 750 $ 250 1,000 (E) Audio Cassette Tapes $ 225 S 75 300 (F) Video Cassette Tapes $ 444 $ 148 592 ()Instant Camera $ 23 $ 7 30 (H)Batteries $ 1,058 $ 353 1,411 (1) Professional Services $ 956 $ 319 1,275 (J) Dru -Trak Maintenance Contract $ 150 $ 50 200 (K)Re istration & Membershi Fees $ 832 $ 278 1,100 CoMMunication Ex a see 3,420 $1,140 4 560 TOTAL SUPPLIES AND DIRECT OPERATING EXPENSES (see continuation) $ $43,668 i $14,556 $ 58,224 REQUIRED BUDGET NARRATIVE: Describe the basis for arriving at the cost of each fine 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) 58,136 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: Su22lies and Direct Operating Expenses E. Audio Cassette Tapes: (vendor supplied costs) 90% 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 tapes X $3.00 pec tape $180 60 VHS -C tapes X $6.87 per tape $412 $592 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 $30 H. Batteries: All covert audio equipment runs on batteries. Body transmitters require A, AA, 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 $492 AA- 50.28@ X 6 cases X $40.00/case $240 AAA- $0.29@ X 6 cases X $14.00/case $ 84 9 -volt- $1.09@ X 6 cases X 579.00/case $474 Flat -Pak- 54.85@ X 25 batteries $121 $7.,411 I. Professional Services: Vendor supplied cost: Use of laboratory and chemist to analyse (quantitatively & Qualitatively) drugs used for reversals. S85/per hour X 3 hours per case X est. 5 cases S1,275 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 & Membership Fees: Registration fees for training- coursed to be announced (2 off.) $800 Membership fees- TNOA $25 per officer X 6 officers 5150 Registration for TNOA Training $20/officer X 4 sessions X 2 off. $160 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 COSTS 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. NOTE: Indirect Costa are authodzed in an amount not to exceed tim computation table located in Section 2 of the Grant Application and Adminisbw ion Guidelines, or as autttortzed by the appikanrs approved cost allocation pian. CJD -10 Issued 10 94 (1) (2) (3) indirect Costs CJD Funds Cash Match TOTAL A) indirect Casts Per Approved Cast Allocation Pian f f f 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. NOTE: Indirect Costa are authodzed in an amount not to exceed tim computation table located in Section 2 of the Grant Application and Adminisbw ion Guidelines, or as autttortzed by the appikanrs approved cost allocation pian. CJD -10 Issued 10 94 Program Narrative Narrative is limited to one page per section. Tent 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 papulation 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 become 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 SPR.NTF 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. CJIi-11 Issued IM4 A) Assist rural law enforcement agencies in the investigation and elimination of illicit drug activities within the communities, This 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 intelligence about the drug activities in their communities. Through the interaction between SPRNTF and the smaller agencies, on-the-job training is provided for personnel in these rural agencies. SB) 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 purchase drugs and gain entry into illicit drug operations; gathering and sharing intelligence .with law enforcement agencies within the region and those outside our region; working with DEA, DPS, and other law enforcement agencies as a team on drug problems within our region, C) Assist those individuals who need and desire drug rehabilitation help. _his is accomplished by encouraging those individuals to seek rehabilitation and then referring -:gem to the proper rehabilitation agencies. {D} 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 interaction with community members. When asked, the members of the SPRNTF gladly make zresentations 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 community and minority relations, sexual harassment training, and other cultural awareness training. 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 case 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 Pleven county region had no drug enforcement to speak of. DFS has only six agents to cover =wice 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 DER has had a positive impact on the ccRmunities. If the SPRNTF were to cease to exist, there 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. CJD -12 Issued 10194 3. Fva:uation Design The 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 part 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. The 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 to statistical data should provide a positive insight regarding the cost/value relationship. Turing 1994, the City of Lubbock has added two non -grant funded investigators to the Task Force. This 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 -Drovide efficient and professional narcotics enforcement even during times of ever tightening -Budget constraints. CJI3`13 Lssued 14M 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, 1 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. (FSI 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 miles. 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 undercover 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 Narcotics 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 ,ncrease in case load, arrests, and seizures for grant year 95-96. CJD -14 Issued 10194 e ru♦E • r`�vvui- T7he Applicant hereby assures and Ceriifies corrp"ance with alt ststutes, regulations. PofCles, guldeflnos and requirements including OMS Circulars No. A-21, A-122, A-129, A-110, A-102. and Aa7, as they relate to the application, acceptance and use of fedwal/state funds for this federatty or state -assisted project Also the Applicant assures and cedifes that: I It possesses regal authority to apply for the grant; that a resoiutian, Historic Preseryetion officer on the conduct of nvestigatcna, as neces. mobon or samtar action has been duty adopted or passed as an oficiai spy, w , es I:ttd in or National d breis applicant's goverrhimtg body, autnariting the filing of the Register d Historic Pieces Stet ere sub}ed to edverhse effects (see 36 CFR apOcatmn rwjW ng d1 u>dwstan4WIP and laws4noes contained Part 800.6) by the activity, and notifying the Federal grantor agency of Che Memo, and directing and authoit erg to person identified as the of" aodsience of trry such properties, and by (b) complying with all MW♦ representative of the applicarl to act in connection with the sppiication merits established by tie Federal grantor agency to avoid or mitlips and to provnde such additional information as may be required. adbWW effects upon such properbes. 2 It wit compy with The V1 of the Clivi Rights Act of 1964 (P. L 88,352) and in accordance with Title V1 of that Act, no person in the United States ", on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjeded to discrimination under any program or mejvrty for which the applicant reeeryes Federal Financial assistance and wit immediately take any measures necessary to efiectiMe this agreement. 3. it wni compty with Title V1 of the CM Rights Act d 1964 (42 USC 2000d) Pr 7rng empicyr nenil dotairkation where (1) the primary Purpose of a grant is to provide employment or (2) discitr rh dory empioymart prac- tices ratebees writ result in unequal treatment of persons who ars or shallot to boneittirhg from the grant -aided activity. 4 R will comply with requrements of the provisions of the Uniform Relocation Assistance and Rest Property Acquisitions Act of 1970 (P. L 91-646) wtrch prowler for fair and equitable tresonent of persons dispteeed as a result of Federal and federally assisted prograrim. 5. It will comply with the mirwnum wage and max rxxn hours Provisions of the Federal Fair Labor Sturdariis Act, as they apply to hosptw and *ducabonal institution ernpkryees of State and local governw-ft. 6. f will establish safeguards to prohibit employs" from using their positions for a purpose that b or gives the appearance of being mowated by a desire for private gait for *Nwn$eNw or ethers, parfiadarty those with whom a" have faridy. busiwh m. or other No. 7. It will give the sponsoring agency or the Comptroller Gerwal througA any auttwnzed representative the scum to and the rV t In aownine art re00rda, books, Paper's, or doccanenls m+etat d to Vis grant 8. R wit camp* with ad requirenwtt irmF' by to Federal "Wooring >gwxY concerning special Mqu remerts d low. program requi armwt4, aril other adminisbmtive requirements. 12. R wd comply with the Uniform Grant and Contract Maragernerft Star.. dards (UGCMS) dsvek>ped under the directive of the Uniform Grant and Contract Management Act, Chapter 183, Tuns Government Code. 13. It, if a county, has taken or will take all action necessary to provide the Texas Department of Crnii nal Justice and the Department of Public Safety any akrwai history records MGWCMined by the county in the manner specified for the purposes of those departments. 14. In ft event a federal or state Caul or federal or state agency makes a finding of discrimination after a due process hewing, on the ground of rap, calor, relgion, nabor i origin, sex age, or disability &gat* the PM)OCL the recipient will forward a copy of the binding to tie Criminal Justice DMsion (CJD) and the Office of Ctvti Rights, Office of Justice Programs, 15. R *9 campy. and essura IN corripilanco of a• is uA grarntees and t o It] wtcxs, with the apAncable Provisions of Tithe I of the Otrvubus Cr" Cor#roi and Safe Streets Act of 1968, as amended, the juvenile Justice and Defngcwhcy Prevention A,et, or the Victirmra of Crknne Act, as appropr} ate; the prvvisiona of the currert edition aft Office of JusfiCs Programs Finarncial and AdmitistMM Guide for Gru t, M 7100. 1; and rA atter apPicabis federal laws, orders, crCuiars, or reguliatane- 16. 9. It will res%xe that this facilities under Rs awRwsN ip, basso or supwvkuon wtNrieh Shall be ubised in the art of this projed we red !sled 17 on the Er Mnrreental Protection Agera ys (EPA) list d Vlokttng Fw& ties and tit It we noRy the Federal goo ft agency of the receipt d any oors'timhhrication from the Ob ecYar or the EPA Offices of Federal Adtvbas andiealinp OW a faicAty to be used in Int "*a a under ownidwation for Isdng by this EPA. 14. It wit conipNy with Chis food insurance p w P - - - requirements &$ 1012 (a) of the Food Disaatrr Prdeco m Act of 1973, Pifmic Law 93234.67 Stat. M. approved Dresmber 31, 1978. 5,ectom 102 (a) regal w, an and alter March 2. 1975. the purchase d food ihesawice in darrrman9ies wfwe such iniaxance a available as a am x2km for tis reearapt of any Federal flim I for construcfon or acgmsiiorm purpctrme for use in any, area thsi nes been ieertified by the Secretary of ihs Depwe wtt of House and Utbw Derebpmnenf as an area havVV special food hsz- atda_ This peruse "Federal financial asaittanae` rWkX1es arty forret of kion, grant, guar", nsu lance pe nnatt, rebate. VA*idy, demeter assistance loan ar gnarl, or any other tarn of direct or trilled Federal assistance. 11. R wit asakst the Federal grwtor agency in Els coriVilence wit f 106 of the Natioi HMO Preservation Ade of 1913E as a. (16 U. S. C. 471D). Executive Order 11593, and tte Ardw ogiad and Fiisbft Pmeaerveton Act of 196E ( 1 a U. S. C. 46941-1 of seq.) by (a) Cahsrting with ft State R WE Compy vein to provisions of 28 CFR applicable to gnm and 000peratve 89mwnents imckx*V Part 18, Administrative Review Proce- dunr Part 2D, Crinirsl Juetlbs informriation System N; Part 22, Cwfmdenti - aft of Wentfieble Resardh and Statistical infomillbon; Part 23, CMnnai int1-9- Im Systems Operating Pokes; Pat 30, intergovernmental Review of Department of Juatie, Progrartn and AcMw; Part 42. Ewvbpnwtt Opporbruiq Paiciea and Proce- dures: Pot 61, prace&M for Milpisrmteror the Noont Em*wewtW Policy Act; Part 63, Floodpim Managerrwk and W.m--red proiection Procedures; and federal ktws or regulations applicable to Faderai Assaa- tance Pioga, It Will caTh . and all ib cnntracWm wti rcmpy, with 20 rKrIdlowlifMatiori regWstnatts Of Vete Orrnb n Crinis Cantrot and Sete Streets Ad of t 968, as artwdad 42 USC 37M(d), ft JiNWAS, Justus and Delnquency Prevention Ade, Otte Vk*m of Crime Act (as app mpg );Too M d to Clivi Rights Act d 1964, all emended Section 504 d11he Rehabilitation Act of IM all amended; SukMe A. Ti til of the Anwtens with Disabilities Act (ADA) (19M; T>tle IX of ft Education AAw4 rwtts of 1 M to Age Dirainihalian Act of 199 Deiprtrrw+t d Anti e ReguisOMW 20 CFR Part 4Z Subpart C. D .E, and G; and tr Deport meet of Justice reguletione an dleabd y dfacrirtiOft , 213 CFR Part 35 and Part 310- 13. It wit provide an Egw7 Oppabrtiy PmOVM N required to msntait ane, wNwe the application is for $500,000 or mors_ 19. It wA ccrnpiy wth Ce previsions of the Caaatai Ban WN Resources Act (P -L 97347!) died Otobar 19, 19M (1a USC 3501 et seq.), which proft�s t11a apemd�tare d most nein hdraf funds mrstmn the crlits d the Co i taE Barbar Remit" System. 20. It will comp* w1h the proviaions of the Halle! Act which knit tits polilbaW activity Of emi; ees d a slab or local unit of govermrtwht whose pert empi MW9 0 im wr ction with an actwiy fiwmced in whole or n pan by 0 `1- grants. fees USC tf301, at seq.) CJD -15 Issued 10iQ-1 TNCP Instructions CJD -13 Assurances The pre -,printed assurances are required of all grantees and must be included, without change, with each application. Re"Sed 1.94 Report of Federal Awards Indicate the amount of each federal grant award for the current fiscal year and the estimated arnouro cid 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 Housing and Urban Development S 4,101,000 Federal Highway Administration Federal Transit .Administration S 227,11E United States 3epartment of education S 33,399 Federal Aviation Administratlon S 5,484 504 TOTAL S 14,846,015 CJt1`17 Issued I t s 1+4 U-ItZiUURA i IVIV VI' Uh/Ai1i I'UvViL,Ih1LJ CJD rules require that three persons be designated to the positions of Authorized Officlal, 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. to accordance with the erlterla ano 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: Citi of Lubbock PROJECT TITLE: _ sourh Riding Regi nna t Narrnr it s 7a -i k rnrr p Ss3 Mr. 0 Ms. Bill C. Townley Project director (Type or P6rd) I irhhnCk- PnI i ra r?Qpr _ �ran�n) True and Agency R.Q. RQX 2000 Business Address (Street or P. O. Box) Lubbock. Texas 79451 City zip (806�7-26;688 Telephone Number (806) 765-0379 Fax Number M Mr. P MS. J -Robert Massengale Financial Officer (Type or Print) Ci ry of i.,ihhnrk 4G�i grAnr 14,3nngpC True and Agency -P.O. Box 2000__ Business Address (Slreel or P. O. Sox) Lubbock.Texas 79457 CRY zip Telephone Number (800 767-2Q51Fax Nurriber „13 Mr. O Ms. Bnh r'ass_ - - Authorized Official (Type or PrirM) Tdle and Agency P.O. Box 2000 Business Address (Street or P. O. Bax) Lubbock. Texas +79457 Cky zip (806) 767-2001 Telephone Number (806) 767-2051 Fax Number CONFIDENTIAL FUNDS CERTIFICATION TO: Criminal Justice Division Office of the Governor Post Office Sox 12428 Austin, Texas 78711 FROM: Name: 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 al! of the conditions for confidential funds as set forth in this attachment. toreSigna; ate: / -- � {Project Director} 52 CERTIFIED ASSURANCES (1) The applicant assures that federal funds made available under flus 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 noo-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 recipients 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 CID 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 shalt maintain such data and information and submit such reports, in such fornr� at such times, and containing such information as CJD may require. {5) The applicant certifies that the programs contained in its applicaiioo 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 Regulations 28 CFR Part 42, Subparts C. D, E, and G, and Executive Order 11246, as amended by Executive Order 11375, and thew implementing regulations, 41 CFR Part 60.1 lA M., 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 discryrron after a due process hearing on the grounds of race, color, rchgion, national origin, or sex against a recipient of funds, the recipient will forward a copy of the finding to the Office of Civil Rights Compliance (OCRC), Office of Justice Programs, and the Criminal Justice Division. (8) The applicant assures that it will require that every recipient required to formulate as Equal Employment Opportunity Program (ESOP), in accordance with 28 CFR 42.301 !A mg., submit a. certification to the state that it has a current EEOP on file which meets the req,uirernents therein. (9) The applicant assures that it will provide an EEOP, if required to maintain one, where the application is for $500,000 or Mort. 59 (10) The applicant assures that it will comply with the provisions of the Office of the Justice Programs' "Financial and Adrnjrn strative Guide for Grants", M7100. ID. (11) The applicant assures that it will comply with the provisions of 28 CFR applicable to grants and cooperative agreements, including Part Q, 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 Wetland Protection Procedures. (12) The applicant assures that when issuing statements, press releases, requests for proposals, bid solicitations, and other documents describing projects or programs funded in whole or in part with federal money, all grantees receiving federal fiuxis, 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 program proposed in this application meet all the requirements of the Texas Narcotics Control Program that all the information presented is wrroM and that the applicant will comply Kith the provisions of the Texas Narcotics Control Program and all other feral and state Caws, 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. Authorized Official Datil City Of Lubbock Grantee Grant N EQUAL EMPLOYMENT OPPORTUNITY PROGRA 4 CERTIFICATION 1, Bob Cass certify that: This agency employs fewer than 50 peopled therefore, the is not required to file an equal opportunity program (Criminal Justice Agency) in accordance with 28 CFR 42.301 q say., Subpart E. or 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 C1=R 42.301 qt sea., Subpart E and that it is on file in the office of Ken _1. 7.4allker (name) P.O. Box 2gOO. Lubbock, Tx. r'hiPf_ of 2c)Ii-o (address) (title) 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: Authorized Official (suture) l h� /25 Date City of Lubbock Grantee 61 Director (signature) 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 M Will ORON Lussor.K TEXAS Affirmatm . ctm Pim 2-7 Cay of Lubbock ate4 General Objectives of the EEO/Affirmative Action Policy 1. 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 though 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. 00w ml�_" I MI-11- LUB84OCK TEXAS Alrffmasitie Asian Ptah 3-1 City of Lubbock 04194 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 ONE Circular A- 128 (copy enclosed) as follows (check one): 1 X Grant funds of $104,040 or over - 2. Authorized Official (signature) r r Da e City of Lubbock Grantee Ofgani=60n An annual audit by an independent auditor made in accordance with the requirements of Om.B Circular A-128. Grant funds of $25,404 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. Grant funds of less than $25,000 - Exempt from the Act but governed by audit requirements prescribed by state or local law or regulation. rivartcial Officer (signature) Date Grant Number If items 1 or 2 above are checked, the grantee should, within 60 days following tate date of the grant award, furnish the following information: 1. The identity of the organization conducting the audit. 2. Approximate 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 Division (CJD) for federal grants, your agency must review, sign, and return to CJD the attached OR Form 4061/1 -- Certification Reg r ing Dcbarmcnt. Suspension. lnclig± iliM and Voluntary Exclusion, Lowtr Tier CovcrATransactions.l The form must be signed by the "Authorized Official' designated in the grant. The U.S. Attomey General Order No. 1271-88, published in the Federal R -c ster Volume 53, No. 102, May 26, 1988, announced the adoption of a government -wide uniform system of Nonprocurement Debarment 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/orgar izations receiving federal funds from CJD in the amount of S25,040 or more must complete OJP Form 406111 (9188) 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 $25,040 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 sent to CJD for approval. Age ncIes/organizations must base their certification upon a review of the monthly publication "Lists of Parties Excluded from Federal Procurement or Nonprocurement Programs" and the weekly supplements to that issue prepared by the U.S. General Services Administration, to confirm that the agency/organizatioa or its officers are not ineligible. Attached hereto is an information shoot 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 (5 12) 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 lower ltvd. 2 Nonprocurement may be interpreted as any form of grant or contract raving the principal purpose of assistance activities, rather than federal procurement actions. 3 Agency/organization may be interpreted as the entity in whose name the grant is awarded. Officers of the agency/organizatioa may be interpreted as any of the following persons who will have critical ianuence on or substantive control over that transaction (i.e., grant or cootract): members of governing boards, directors, other employees, and consultants. 63 Instructions !or Certification t, 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 avallable to the Federal Government, the department or agency with which this transaction originated may pursue available ;ernedies, including suspension and/or debarment. 3. The prospective lower tier participant shall provide Immediate written notice to the person to which tats 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. A. 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 Definitions 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 with a person who is debarred, suspended, declared Ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. b. 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 Exclusion ---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 :he covered transaction, unless It knows that the certification Is erroneous. A participant may decide the method and frequency by which It determines the eligibility of Its principals. Each participant may check the Nonprocurement List. & Nothing contained in the foregoing shall be construed to require establishment of a system of •ecords in order to tender In good faith the certification required by this clause. The knowledge and nformatlon of a participant is not required to exceed that which Is normally possessed by a prudent )er'on in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 3 of these instructions, If a participant In a :overed transaction knowingly enters into a. lower tier covered transaction with a person who is suspended. debarred, Ineligible, or voluntary excluded from participation In this transaction, in addition o other remedies available to the Federal Govemment, the department or agency with which this ransaction originated may pursue available remedies, Including suspension and/or debarment. i f U.S. DEPARTMENT OF JUSTICE ,.' OFFICE OF JUSTICE PROGRAMS OFFICE OF T1iE COMPTROLLER Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions (Sub -Recipient) This certification is required by the regulations implemeating Executive Order 12549, Debarment and Suspeasioa, 28 CFR Part 67, Section 67.510, Participants' responsibilities. T1te regulations were publisbed u Part Vit of the May 26, 1988 Federal Register (pages 19160-19,211). (BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS ON REVERSE) (1) The prospective lower tier participant certifies, by submissioa of this proposal, that neither it not its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participatioa in this transaction by any Federal department or ageacy. (2) Wbcm the prospective lower tier participant is uaable to certify to any of the stitemeab in this certification, such prospoctive participant shall attach an explantation to this proposal, Bob Cass, City XanaQer.__Cit:y of Lubbock. Texas NL= and Title of Autltorized Representative Ila1 Signature / / 'Date City of Lubbock Name of Organization P.Q. Box 2000, Lubbock, Texas 79457 Address of Organiutioa - - _ CER'T'IFICATION REGARDING DRUG-FREE WORKPLACE REQUIREMENTS OPTION i Grantees other than Individuals n c i n rifi ti By signing and/or submitting this application or grant agreement, the grantee is providing the certification set out below. The certification set out below is a material representation of fad upon which reliance was placed with the agency determined to award the grant. if it is later determined that the grantee knowingly rendered an erroneous certification, the agency, in addition to any other remedies available to the federal government, may take available action. l?RTMI ATI 1. The grantee certifies that it will provide a drug-free workplace by: (a) publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actioru that will be taken against employees for violation of such probibition; (b) establishing a drug-free awareness program to inform employees about: (1) the dangers 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) making it a requitement that each employee to be engaged in the performance of the grant be givers a copy of the statement required by paragraph (a); (d) notifying the employee in the statement required by paragraph (a) that, as a conditim of empioymmt under the grant, the employee will: (1) abide by the tarns of the statement; and (2) notify the employer of any criminal drug statute conviction for a violation occurring workplace ON titer than five days after such conviction. 64 a (e) notifying the agency within ten days after receiving notice under subparagraph (d)(2)from an 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) Liking appropriate personnel action against such an employee, up to and including termination, or (2) requiring such employee to participate satisfactorily in a drug abuse assistanct or rehabilitation program 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 sites) for the performa.nct of work done in connection with the specific grant. Place of Performance. City of Lubb:)ck (Organiratioa) P.O. Box 20 Q ZzV1G ].a"7 Street address City County State Zip Code Bob Cass Name of Person Citv Of Lubbock Orgatnization City Manager Titl (tf Signaruse 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. Z 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 All 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. 1. 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 50% 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.0, 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 but 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 01.02. 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 I have received a copy of the revised Substance Abuse Policy 5.05 that was revised January 8, 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 C'ERTIFICATiON REGAR4ING LOBi34-ING Prior to the release of federal funds by the Criminal Justice Division (CJD), the Authorized Official for grantees which receive $100,000 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 REGARDI`N'G LOBBYING Each person shall file the most current edition of this cer .ii fica6on and disclosure farm, if applicable, with each submission that initiates agency consideration of such person for an award of a federal contract, grant, or cocperative agreement of S 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 made or entered into. Subrrussion of this certification is a prerequisite for malting or entering into this transaction imposed by section 1592, 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 S10,000 and not more Ulan $100,000 for each such failure. The undersigned certifies, to the best of his or her knowledge 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 attempting to auenae 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 federal contract, grant, lo,�A or wopemve t, the undersi SOUTH PLAINS REGIONAL NARCOTIC TASK FORCE AGREEMENT r THIS AGREEMENT is entered into on this 7 t day of _ be(e w�bQ / , 191-5f, 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: I. DEFINITIONS. 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; ITM U ft�' 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: I) 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. III. Ai THORIZATION. 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. N 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 INDEMNIFIC TI N. (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. X. VENUE. 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 6 body and authorized agent in manner required by each party's charter or by law on the date hereinbelow specified. SIGNED THIS ), day of Dec mwy-/' , 19 °is'. PARTICIPATING AGENCY: CITY OF LAMFSA Name of City, County or Agency BY: ATTEST: Secretary ATTEST: Env—,— 'Betty Iblinson Gity Secretary APPROVED AS TO CONTENT: Ken A.Walker, Chief of Police APPROVED AS TO FORM: A stant 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. 2. 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: 1. 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: 1. 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:cityattq itigatela-spmtf.doc September 13, 1995 City of Lubbock P.O. Box 2000 Lubbock, Texas 76457 (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, r— r bld G. Vandiver First Assistant City Attorney DGV/dp Encl: Agreements (2)