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R88-03RESOLUTION NO. 88 -3 A RESOLUTION AUTHORIZING THE EXECUTION OF THE TARRANT COUNTY NARCOTICS INTELLIGENCE AND COORDINATION UNIT INTERLOCAL ASSIS- TANCE AGREEMENT WHEREAS, the State Legislature has authorized the formula- tion of interlocal assistance agreements between and among counties and cities and thier law enforce- ment agencies; and WHEREAS, the Kennedale Police Department wishes to partici- pate in an interlocal assistance agreement among local law enforcement agencies in the Dallas /Fort Worth area relative to narcotics cases and asset seizures; and WHEREAS, the Kennedale Police Department and other local law enforcement agencies have tentatively approved an interlocal assistance agreement known as the "Tarrant County Narcotics Intelligence and Coordi- nation Unit Interlocal Assistance Agreement "; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE, TEXAS; I. That the City Mayor is hereby authorized to execute the "Tarrant County Narcotics Intelligence and Coordination Unit Interlocal Assistance Agreement ", relative to participation among local law enforcement agencies concerning narcotics cases and asset seizures which shall be effective immediately. II. A substantial copy of said agreement is attached hereto and incorporated herein for all intents and purposes. PRESENTED AND PASSED on this the ] UL day of February, 1988, by a vote of 25� ayes and _0 nayes at a regular meeting of the City Council of the City of Kennedale, Texas. �S eve Radakovich, Mayor ATTEST: Lind Jones, qAty Secretary THE STATE OR TEXAS ) COUNTY Or TARRANT ) THE TARRANT COUNTY NARCOTICS INTELLIGENCE AND COORDINATION UNIT INTERLOCAL ASSISTANCE AGREEMENT WHEREAS, the detection and apprehension of individuals in the field of narcotics manufacturing and distribution is often 'hindered because the range of operations of the criminal offender is greater than the jurisdiction of the peace officers called upon to investigate the crime; and, WHEREAS, the existence of a multiplicity of political jurisdictions in Tarrant County impedes the effectiveness of individual law enforcement agencies to detect and eradicate narcotics activity; and, WHEREAS, past experience has indicated that a cooperative effort between law enforcement agencies and the Tarrant County District Attorney's Office has been effective in detecting and deterring the activities of targeted criminal groups to the mutual benefit of all the political entities of Tarrant County; and, WHEREAS, pursuant to Art. 999b, TEX. REV. CIV. STAT. ANN. authorizing the formation of mutual aid law enforcement units, the contracting cities, County of Tarrant and Tim Curry Criminal District Attorney of Tarrant County hereby agree to participate in, and be a part of a cooperative investigative and enforcement effort to be known - 1 - and designated as the Tarrant County Narcotics Intelligence and Coordination Unit ( "NICU "); and, WHEREAS, a grant of money from the Criminal Justice Division of the Governor's Office of the State of Texas has been received to fund the establishment of the Tarrant County Narcotics Intelligence and Coordination Unit. NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That Tarrant County, acting by and through Roy English, its duly authorized County Judge, Tim Curry, Criminal District Attorney of Tarrant County, and the following cities executing duplicate originals hereof, acting herein by and through their duly authorized chief administrative officer: Arlington Keller Azle Kennedale Bedford Lakeside Benbrook Lake Worth Blue Mound Mansfield Burleson North Richland Hills Colleyville Pantego Crowley Pelican Bay Dalworthington Gardens Richland Hills Euless River Oars Everman Saginaw Forest Hills Sansom Park Fort Worth Southlake Grand Prairie Watauga Grapevine Westover Hills Haltom City Westworth Village Hurst White Settlement do hereby covenant and agree as follows: NICU STRUCTURE The Tarrant County Narcotics Intelligence and Coordination Unit ( "NICU ") will be a part of the Tarrant County District Attorney's Office for administrative - 2 - purposes. The activities of the NICU shall be supervised by a six member Board of Governors. This Board will consist of the Fort Worth Chief of Police, the Arlington Chief of Police, the Sheriff of Tarrant County, a Police Chief from the Northeast Tarrant County area to be selected by participating agencies in the Northeast Tarrant County Unit, a Chief of Police from a small police department within Tarrant County, and a chairperson, who shall be the Tarrant County District Attorney. Ex Officio members representing the Texas Department of Public Safety, the Drug Enforcement Administration and the Federal Bureau of Investigation shall be added to the Board of Governors as non - voting members. The Board of Governors shall have the responsibility for policy, direction and control of NICU. The Board of Governors will have direct responsibility for the selection of a Commander for NICU. The Board will monitor the activities and accomplishments of NICU to ensure orderly progress towards attainment of all stated objectives. There will be four enforcement units to operate in the four geographic areas of Tarrant County. These units will be known as The Greater Arlington Unit, The Greater Fort Worth Unit, The Tarrant County Unit and The Northeast Tarrant County Unit. The activities and investigations of these four units shall be coordinated by the Commander of NICU. These units will be responsible for narcotics investigations within their geographical areas. - 3 - NARCOTIC INVESTIGATION Narcotics investigations within the jurisdictional bounds of the political entities joining this agreement will be coordinated through NICU. All narcotic complaints and intelligence received by a law enforcement agency that is a party to this agreement will be referred to either NICU or the appropriate geographical area unit for investigation. NICU will maintain intelligence files. The geographical area units will respond to complaints in a timely manner. ASSET SEIZURES All asset seizures developed by NICU and the four geographic enforcement units will be prosecuted by the Asset Seizure Team of NICU. The attorneys in NICU will be responsible for representing the State of Texas and NICU in all forfeiture proceedings maintained under the provisions of the Controlled Substances Act of Texas. There is hereby created a certain fund to be known as the NICU Asset Seizure Fund, (hereinafter called "Fund "), said Fund to be created in compliance with Sec. 5.06 of the Texas Controlled Substances Act, TEX. REV. CIV. STAT. ANN. Art. 4476 -15. All money, certificates of deposit, negotiable instruments, securities, stocks, bonds, businesses or business investments, contractual rights, real estate, personal property or other things of value derived from the sale, manufacture, distribution, dispensation, delivery or other commercial undertaking violative of the Texas - 4 - Controlled Substances Act shall be forfeited to the organization formed hereby, NICU. Upon entry of a judgment in a forfeiture proceeding awarding monies or other proceeds as set out above to NICU, said monies or proceeds will be immediately deposited in the NICU Asset Seizure Fund. The monies and proceeds in this Fund must be used to further the purpose of NICU as required by the NICU grant award. This Fund shall be subject to audit by the Auditor of Tarrant County, Texas. If any conveyance or vehicle is the subject of a final forfeiture, it shall be awarded to the NICU to be used to further the purpose of NICU as required by the NICU grant award. OFFICER STATUS Any law enforcement officer assigned to the NICU or one of the four geographical units by a governmental entity which is a party to this agreement shall be empowered to enforce all laws and ordinances applicable in the jurisdiction of the said entities joining in this agreement, including the power to make arrests, execute search warrants, and investigate narcotics offenses outside of the jurisdiction from which he is assigned, but within the area covered by the jurisdictions of the entities which are parties to this agreement. While functioning as a law enforcement officer assigned to the NICU or one of the four geographical units 5 - in a jurisdiction other than the jurisdiction from which he is assigned, he shall have all the law enforcement powers of a regular law enforcement officer of such other political entity. A law enforcement officer who is assigned, designated or ordered by the official designated by the governing body of any entity to perform law enforcement duties as a member of NICU or one of the four geographical units shall receive the same wage, salary, pension and all other compensation and all other rights for such service, including injury or death benefits and workmen's compensation benefits, as though the service had been rendered within the limits of the entity from which he was assigned. Recognizing the benefits to a participating entity to this agreement, it is agreed that all wage and disability payments, including workmen's compensation benefits, pension payments, damage to equipment and clothing, medical expense and expenses of travel, food and lodging, shall be paid by the entity from which said peace officer is assigned except as hereinafter provided. In further recognition of the benefit to be gained by the entity participating in NICU, it is agreed that no entity that is a party to this agreement shall receive from another entity participating in this agreement or be entitled to reimbursement for any services performed pursuant to this agreement. It is further agreed that, in the event that any - 6 - law enforcement officer assigned to NICU or one of the four geographical units shall be cited as a defendant party to any civil lawsuit, state or federal, arising out of his official acts while functioning as a law enforcement officer assigned to NICU or one of the four geographical units, said law enforcement officer shall be entitled to the same benefits that such officer would be entitled to receive had such civil action arisen out of an official act within the scope of his duties as a member and in the jurisdiction of the law enforcement agency from which he was assigned. Further, no entity shall be responsible for the civil acts of a law enforcement officer of another entity assigned to NICU or one of the four geographical units except as may be decreed by the judgment of a court of competent jurisdiction. GENERAL PROVISIONS This Contract is subject to all grant conditions applicable to the existing grant of the Criminal Justice Division of the Governor's Office to the Tarrant County Narcotics Intelligence and Coordination Unit, a copy of which is attached hereto. Each party to this agreement expressly waives all claims against every other party for compensation for any loss, damage, personal injury, or death occurring as a consequence of the performance of this agreement. Third party claims against members shall be governed by the Texas Tort Claims Act or other appropriate - 7 - statutes, or laws of the State of Texas. It is expressly understood and agreed that, in the execution of this agreement, no party waives, nor shall be deemed hereby to waive, any immunity or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. The validity of this agreement and of any of its terms or provisions, as well as the rights and duties of the parties hereunder, shall be governed by the laws of the State of Texas. In case any one or more of the 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 thereof and this agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained therein. This agreement shall become effective between the parties hereto on the day following execution of the agreement by a party, and shall continue in effect until it has been terminated or rescinded by appropriate action of an entity's governing body. This agreement may be amended or modified by the mutual agreement of the parties hereto in writing to be attached to and incorporated into this agreement. This instrument contains all commitments and agreements of the parties, and oral or written commitments contained herein shall have no force or effect to alter any term or condition of this agreement. The parties agree that their collective agreement may be evidenced by the execution of an identical counterpart of this instrument by the duly authorized official(s) of each participant and the failure of any member to enter into this agreement shall not affect the agreement between and among the parties executing the agreement Signed this day of February, 1988. COUNTY OF TARRANT, TEXAS TARRANT COUNTY CRIMINAL DISTRICT ATTORNEY'S OFFICE By: By: ROY ENGLISH TIM CURRY, Criminal County Judge District Attorney CITY OF •NNEDA E By STEVE RADAKOVICH Mayon APPROVED AS TO FORM AND LEGALITY: City Attorney, City of Kennedale - 9 - William P. Clements, Jr, rye 7�•. a: Criminal Justice Division Governor STATEMENT OF GRANT AWARD Grantee Organizat on Project Title Narcotics and Intelligence Tarrant County Coordination Unit /1 grant Number Grant Period Dates DB- 87 -HO1 -1931 December 1, 1987 thru November 30, 1988 Amount of Award Grantee Matching Contribution State ; 268,941 Federal $ 806,841 Total $ 1,075,788 $ 37,500 g The approved budget is as reflected in the attached Digest of Grant Application. The grant is. subject to and conditioned upon acceptance of the standard grant conditions, special conditions noted below, and rules for administration of grants. Total project costs must be accounted for in accordance with the Uniform Grant and Contract Management Standards and the Texas Narcotics Control Program Application Kit issued by the Governor's Office. The grant is administered through the Criminal Justice Division, and you may address specific questions to: Governor's Office, Criminal Justice Division P. 0. Box 12428, Austin, Texas 78711 Phone (512) 463 -1919 i GRANTEE REQUEST FOR FUNDS Grantee shall request funds on a monthly basis for awards greater than $10,000 and on a quarterly basis for awards of $10,000 or less. Copies of invoices will be submitted with request for funds for non - operational grants, i.e., equipment costs. purchases and construction ;s FUTURE SUPPORT Approval of the above entitled and numbered grant does not commit the Governor's Office to future funding. Any future funding shall be determined by the state plan under which ap- plication may be made, all applicable policies and procedures promulgated by the Governor's Office, Criminal Justice Division, and the appropriation of funds. GRANT ADJUSTMENTS j Grantee shall submit written requests for grant adjustments, as required by Criminal Justice Division Rule number 3.855 as published in the Texas Narcotics Control Program Rules. 1. Special Conditions attached: y a. Confidential Expenditures. g. District Attorney Contracts. 3 b. Equipment Review and Approval. h. Narcotic Activity Reports. c. Property Management Standards. i. Certified Assurances. =+ d. Cooperative Working Agreements. J. Interagency Agreement Review and r e. Project Reporting. Approval. f. Program Income. 2. Reference Notes attached. 9 AWARD DATE: OEC 081951 William P. Clements, Jr. Governor OFFICE OF THE GOVERNOR, CRIMINAL JUSTICE DIVISION DIGEST Of GRANT APPLICATION REGION NUMBER A . REGION PROGRAM CATAGORY ITLE PREVIOUS FUNDING STATE: FEDERAL: TOTAL: REQUESTED: YEARS: $268,947 $806,841 $1,075,788 $1 0 DESCRIPTION: This program is a multi- agency, multi - jurisdictional task force that will provide narcotics enforcement for 37 metropolitan cities and the adjacent counties of Johnson and Parker.' There is over 1,100,000 citizens that will receive services from this project. This' is a three phase project that Includes approximately 50 undercover narcotics officers; an asset forfieture team with full time Asst. District Attorneys, a prosecution team of full time Asst. District Attorneys and a computerized coordination, intellegence section. There has never been this big of a coordinated effort in this area, In the past. There is at this time, a board of governors in place to direct and oversee the operation. It is anticipated that, the success of this operation through the seizure of drug related asserts will allow the program to exist for years to come. The project is designed to coordinate the apprehension of drug traffickers, erradication of clandestine labs and plant fields and the subsequent adjudication of the offenders. The intel- legence section will track the offender t hrough the Judicial syste F- SUPP. & DIRECT OPER. EXPENSES 275,453 $37,500 312,953 G. INDIRECT COST H. TOTAL $1,075,788 $37,500 $1,113,288 A. PERSONNEL i Task Force Commander, 55,000. 1 Assistant Commander, 47,000. 2 Assistant District Attorneys, 114,000 3 District Attorney Investigators, 32,000 ea., 96,000. 1 Computer Specialist, 28,000. 1 Crime Analyst, 24,000. 1 Financial Officer, 27,000 6 Clerk Typists, 19,000 ea., 114,000. Total fringe benefits, 127,988. CJ SUPPORT GRANTEE TOTAL FEDERAL CASH CASH AND STATE CONTRIBUTION PROJECT A. PERSONNEL $632,988 $632,988 B. PROFES. & CONTRACT SERVICES 28,500 28,500 C. TRAVEL 5,000 5,000 D. EQUIPMENT 133,841 133,841 E. CONSTRUCTION . F- SUPP. & DIRECT OPER. EXPENSES 275,453 $37,500 312,953 G. INDIRECT COST H. TOTAL $1,075,788 $37,500 $1,113,288 A. PERSONNEL i Task Force Commander, 55,000. 1 Assistant Commander, 47,000. 2 Assistant District Attorneys, 114,000 3 District Attorney Investigators, 32,000 ea., 96,000. 1 Computer Specialist, 28,000. 1 Crime Analyst, 24,000. 1 Financial Officer, 27,000 6 Clerk Typists, 19,000 ea., 114,000. Total fringe benefits, 127,988. f B. PROFESSIONAL AND CONTRACTUAL SERVICES Lab analysis, chemical storage and destruction 20,000. Programming Contract Services, 8,500. C. TRAVEL Travel for training in- state, 3,000. Travel for training out -of- state, 2,000. D. EQUIPMENT 13 Desks, 2,600. 13 Chairs, 650. 4 Chairs, 200. 10 File cabinets, 2,000. 1 Safe, 500. 3 Typewriters, 1,500. 4 Calculators, 400. 16 Body armour vests, 5,600. 1 Facsimile unit, 3,295. 1 Central processing unit, 23,415. 15 Data terminals, 5,239. 1 Line printer, 1,540. 5 Dot matrix printers, 2,100. 1 Daisy wheel printer, 699. 2 Baud modems, 2400 series, 1,260. 1 Back up power supply unit, 1,200. 8 Multiplex /controllers, 14,000. 1 Communications board, 3780 series, 1,960. 4 Baud modems, 9600 series, 3,360. 1 Computer installation, 3,920. 1 Xenix /Unix operating system, 907. 1 Xenix /Unix devolopment system, 630. 1 Unify database development system, 1,050. 1 Accounting system, 1,000. 1 Word processing system, 800. 1 Spreadsheet program, 500. 1 Electronic mail program, 400. 24 Desks, 576. 8 Tables, 320. 4 Secretary chairs, 200. 20 Executive chairs, 1,000. 60 Side chairs, 720. 8 Bookcases, 160. 16 File cabinets, 320. 8 Storage cabinets, 280. 4 Selectric typewriters, 400. 4 Calculators, 200. 4 cellular telephones, 9,400. 1 SNA communication protocal board, 2,800. 1 Baud synchronous modes, 2,100. 1 Radio base station, 1,100. 26 Portable radios, 16,380. 1 Telephone system (central), 5,100. 1 Telephone system (regional), 12,060. B. 'sUPPLIES AND DIRECT OPERATING EXPENSES Lease for six vehicles, 25,200. Copy machine lease (central), 3,000. Office supplies, (central), 3,000. Building lease, four regional sites, 10,000. Building lease, (central), 20,000. Building utilities (central) 10,000. Building utilities, (regional) 10,000. Confidential funds, 150,000, CJD's portion 112,500, grantee 37,500. Office supplies (regional) 6,000. 10 maps. 800. 5 Bulletin boards, 150. 5 Dry wipe boards, 565. 3 Cases paper (fax machine), 216. Access fee for cellular phones, 1,344. Airtime charges on cellular phones, 11,628. Data communication lines, 17,640. Computer supplies, 1,500 Long distance telephone charges (central) 5,000. Long distance telephone charges (regional) 4,800. Local telephone lines, (central) 2,762. Local telephone lines, (regional) 5,608. Operating costs for vehicles, 5,480. Lease fees for two copy machines (regional), 5,760. Copy machine supplies, 1,500. e e 4'. iti 1 I TEXAS IiARCOTICS.CONTROL PR06RAM ` N t 3 Special Condition r o CONFIDENTIAL EXPENDITURES `6uidelines or on 1 � _ en a xpenditures) �. u 1 Confidential:expenditures * are. subject to prior. approval. -ty CJD. Confidential:expenditures:would be payment to informants, - purchase of materials as evidence :(such - .as narcotics), or- other 4ses ­ii: may be `. required ' ,by ;law enforcement . working i,n an ::undercover capacity. . Such approval._.will ' be based on a.Iinding.-that:`they are necessary and reasonable for proper and efficient'administration of the program under which'they are to be used. :3n this'tonjunction, CJD will require .adequate controls -over disbursements -to ",safeguard against misuse of such funds: - A. Confidential - expenditures lWill be i- authorized for'subgrants at " -... the state, county, and city level of law enforcement. B. The funds authorized will be established in an imprest, fund controlled by a bonded cashier: C. The agent or officer 'in charge of the investigation unit to ut which the imprest fund is assigned must authorize all advances of funds'up to $500 to. agents or officers for the purchase of information. Advances and payments in excess of $500 must be approved by the head of the law enforcement unit to which the =- subgrant was made. Such authorization must specify the information to be received, the amount of expenditures; and assumed name of the informer. Y. There must be maintained by the investigation'unit. confidential fiiles of the true names, assumed names,` and 'signatures of ali . L y informers to whom payments of confidential expenditures have r - been made' ;To. the extent practicable, pictures - and /or fingerprints of the informer payee should also'be maintained..: E. .'The cashier shall from the agent . or officer authorized `.to make`.a, confidential. payment a receipt #or .cash. advanced to him forauch 'purposes. *� E The agent ori officer :shall receive from the Anformer. payee a receipt of the following nature t ti >i>•tS}. 11 - ;rI _ t - t•` -t S 14 W 'Y jt T ti j u r 1 1 f Y }] ' ��'., • �, ?{� .,. } "' `.. { �".` tr ". i .'rT % 4 i} 7 �z . , l Y a .. r - .. Val1`. f T A Z r r - t y t ! T '. r > • (' } > -...s .l�tt - f: t 4 t1 y t : . . s l;� 3F!\\ J + - $.° - "• Jr St t v t `i e t�p 2 .fit `f:, 1 T J t_. 4tECEIPT -PAYEE OM, NFORMER �5 for and -I in consideration-of t sale he -a delivery to the tState ounty, or C i ty) i nformation 'or of 1 .6 ­, f "I dence.-identi f I ed As -- foll ows I hereby acknowledge receipt 'Ofr T pai d, to me By State Z :County or City) of Date: Signature:. (Witness, i f - any The Witness requirement w i l l not , • I n '.*al I Instances, be -mandatory, depend i ng . on the nature of the meeting and exchange of funds. A -requirement should be in effect that on 25 percent of -the contacts, when -payments are made, a second agent appear as the witness to the - transaction.. In addition, on 10.percent of.the.meetings the agent or ;Iofficer_ in -should be present to veri the payment'.to rthe Informer. G. -The signed receipt f rom the informer payee with ,a memorandum detai the information received will be forwarded to the 'agent or officer in charge. The agent or officer in charge shal I compare the signature.:on..Ahe - receipt with the confidential file of assumed name --signatures.. r-He shall also evaluate the I -�� nformation-received.in relation to, the 'expense � incurred, and add -his evaluation remarks to the report f the ' -.agent or, officer who made. the expenditure.' , -certification fund of - Cas hier �. wi 13 : serve _.as. support.jor :tbd payment to 47hezte . if i cat i ­ � - wI I ibe expenditure from the'Jmprest' ... rt wi tnessed , by the agent' or officer ;In thar'p-onr. the basis �f. . the and I nformer payee's recei pt t rte h' pr epare or _o ffi c er er ". n h arg e shall . e n at n r d a n r 0 -f- h -i mp e m e p ay ee , s howing t at s, no `a re d i in g each h a e n u y or te z h s put i in ce received :and e 0 c information n -Us for 0 n d T hi s report ; mu st be , made art _9f..'the .f ile s and 'rev ewe - MM Beau VT -Ue J4W-UF1TVrV_e111eT1L_ 4u W(HUF1 the grant was ma d f j d in't i'a I Each, lnstance en CJD.� unds �-are' 'died jor%tonf t!kpg 'bi`understood that- * -al `` records; except of the* , . - the true name of -the informer,.��: subje�t audit by CJD*!��:.-`f ,,��";��l.�l*"-�,i-t Y Confidential expenditures s t Page 3 2 As . previously •stated,✓ xpenditures will be allowable. only with the specif..ic pr or approval -of ZJD and the grantee records "inust contain g the.followin informatiop - - A Identity of subgrant and project, `and estimated - amount of.'" funds to be, used for expenditures B 'Identity of the agent'�or officer in charge of investigation sand name'.f_the. bonded Cashier. C. -A : copy , of the Ara ntee /subgrantee written procedures to be used to safeguard +these funds if.:.they':differ _from CJDIs procedures. 3. Grantee will insure that confidential funds in the approved budget are expended in the ratio of 75% .(maximum) CJD and .25% -(minimum) -grantee. 4. No funds will be disbursed by CJD for payment of confidential expenditures until the grant .project director has completed a form :. certifying that he has read, understands, and will., abide by -the, guidelines set out above h - - - - } 3 - _ l 3 S ` t a '� -. p s r " J 4 . ; ! ,c + r t F f J •` t F r �� a t a-S I .• 't. -`r y t� y - t i r t o !• 7' s r � `{ti t r I t t S y �t ' r t ♦ 4: ; 1. 't Y^ i 1 F �'. ".. r � i } r. by i... - k R � > tt :.t y 1 r f' . + �,?_ Y 7 - l t 'z (! 1� k T yf+•y' 1 . �- t th' � Y fF i ! ` - t J rJ tt C1 y t � A ky, t �' if x,,i +iai J '..- t ` + f sa l � 4+15 •4 ` { t - (Y t [ •.Le:uwut�.�tu.. d'i c...t,.<;..... ...A.k.t ...a a�rt. ..a....,. t:n>zL F . f. <.i_ . ,} x. ..'_ ;,. � %..4 - , -Attn: John ioffel � ; FROM: Name. a Position , ':Grant Title _ Location. f, Grant Number: SUBJECT: Disbursement of Funds for Confidential Expenditures w This is 'to certify that I have read,'understand, and agree to abide by all of the conditions for confidential.expenditures as set forth in this .attachment 3 SIGNATURE 1I .' Project irector Date { ♦ iS fJ r; ) t s '1 13 < y 1 i r f rS +)r fr �t .'` 1 ) `.H .A S.• i �! 1 _!L fs J t <' S 3' ! C ; C( C.0 ++ J"t eL F 7EXAS;'NARCOTICS CONTROL PROGRAM - Special Condition EQUIPMENT REVIEW AND APPROVAL Prior to obligating or-expending funds #or _`equipment purchases to excess of $10,000, grantee shall submit the 'following documentation to CJD for review and approval . .bocuments must : be.- transmitted by..a letter'$igned "by the Authorized Official .named - in..the.yrant.or by the-person .designat6d..to initiate grant adjustments.`; 1. A brief narrative description of the procurement procedures Used` -and an - unequivocal statement of which '. .tow compliant #Yid was : selected . 2. A list of vendors .requested to bid or respond 1 * 3. A copy of the public advertisement. 4. A copy of the RFP or IFB with specifications. 5. One copy of each response. b. If sole source procurement is necessary or if only one response is received, justification for selecting the sole source or.explanation as to why only one response was received. 7. A description of the selection process used to select the successful bidder, with a copy of -the evaluation of all proposals., r 8. A copy of sales /purchase contract, if applicable. *(1) Requests for proposal or invitations for bid issued by the grantee or a subgrantee to .implement the .grant or subgrant ' project. :.are provide_;:; notice " to 'prospective bidders that the CJD - organizational, conflict_ of interest provision is applicable in that contractors who.tlevlop or draft:, specifications, - . requirements;:. statements . of..,- work . and = /o 'r'.RFP.s for a proposed procurement-shall �be, excluded from :bidding or submitting a .proposal to compete for the award of .such .procurement. * *(2) State, Agencies using `the purchasing services of .the 'State '.Purchisi'ng and general Services. Comm ission are not exempted from :submitting bidding -; 5 xf ; y documentation` to. ?CJD fior= :review' and - approval 1to purchasing equipment ,:.This "requirement is especially 'important when only one " compliant bid 1- recleved ♦R , �: -.. . .: .r, .: r .r- 1 � t ;:. �.. • # r jT . Ja'. a 5y, :.. t.. 1 t , t �' " f i': t T, 5» `^ � } . �r t 1 { r 3 .:: . j r -� � s. V t 1O /O�Iv• If 3 5 t ( - l Y I - - \ 1 4 .{Y ti TEXAS NARCOTICS CONTROL fl{t06RAM s special Condition T PROPERTY MANAGEl9ENT STANDARDS 1, t"imtnal Justice Dtvtston grantees shall °use aheir'vwn .property management procedures and standards ; Property ;management systems shall include °the . provision of i7M6 - Lircular A -102,- .Attachment N, `?Property ltanngement .Standards. Grantees.`sha11 comply -with all applicable tate and local :laws and regulations 7 iProperty management _'systems should - cover_:rthe acquisition, :use, disposition and replacement of ,ail - equipment i A Acquisition .Grantees are required to be prudent in the acqui ' it ion of equipment. Careful . ' screening should ake place to insure that proposed equipment is necessary and that the need cannot be met with equipment already in the „possession of the grantee.. i (1) Grantees should be aware that the cost associated with the acquisition of'equipment may be :disallowed if a determination is made that the .equipment purchased was unnecessary for the successful execution of_ the grant :. project. (2) Grantees should maintain property records on equipment purchased in whole or in part with CJD -funds._ These property records are to be made a part_of the official - grant records and must be - available review by authorized personnel. (3) Grant .records should :contain copies of the purchase order and invoice;.. B Use During the time that equipment ,purchased with'CJD funds is used for the project purpose, the following.mi mmun, property management must be met. 1) Property records :shall 'be maintained accurately and an anyentory ng should include listi L G z a r aie&cri,ption ;of the 'property "= s ? b manufacturer's : serial number, rt�odel number ,or .'.identif.icati number •LLt SS� i. `i [ at Z '. �t .F +i t y k 2 year c. 'acquis ition-date 1 ,1.' > >.' 4 location and condition of the property acgiiisiti.on coat_ t C Property Management Standards Continued] -Page,-2 z (2) A physical 'Inventory .of - 'property . shall . fie taken -and the results reconciled with the -property records at least once s Avery two year .; -:Any differences between quantititf determined' 'by the physical inspection and-those -shown in the : ..records :shal l to - investigated. -to `determine the causes:of "the - difference ::ihe.,grantee shall, In - connection :,wi.th the,. inventory,` verify .the _�ex.istence, ,current utilization, and continued need for the property. (3.) A ;control system shall be..in effect to Insure: adequate safeguards - to , prevent toss, damage;`pr,_thefL of the property: Any loss, damage or theft of nonexpendable property shall be investigated :and. fully documented. In the event of loss, damage, -.or theft,the Criminal Justice Division shall be promptly notified (4) Adequate maintenance procedures. shall be implemented to keep the property in good condition C. Disposition -= The following procedures relate to the position sition of equipment. {1) At the termination of the grant period, the grantee shall.. submit an inventory report as, an attachment to the final expenditure report. 'The total cost of the 'inventory should _ reconcile to the total amount reported in the equipment category of - the final expenditure report.- The inventory forms furnished by CJD should be used for the report. Grantees should also include recommendations• to the future'.use and disposition of the equipment' (2) Upon receipt of the above inventory .report, the Criminal Justice Division will advise the grantee within 90 days as to the determination -regarding the - future use of the `.: equipment t, a -:The grantee may be permitted .to retain the equipment. In .this. instance, the.= rantee must = provide written assurance -that the .equipment will be used !An the criminal justice system in a 'manner consistent with objectives authorized -b ' CJD. - .However if , the j y the `. recipient of- ,-the,'above equipment should laterdiscover ` 4 c )�; >� +{ �;; thatteny of :the $tams are;no`:,longer ,n - to. '� } accompl;ish iaw' enforcement:objecti.ves';:of fhe ... Fit agent •�'�>��• � +,x 4, � 1 t y: CJp approval �shouldbe obtained prior to.the Ica: ,, _ " t r °n' ,s choosing of alternative uses pr locations :for +the - ` i� t 't. S � i � y k.., v_^J a7� s n r . - tt _ �s ,�, • S'� • f y <� + a h M '1 t Y �Y T 1 f t.. 1 /• + -_A r ..}• e> i - . s J e i .,, t r :e4+'E` t s r n. '�r.rvpUI r{a}ta emenm 'Standards d Gontinu `• _ r y ( e) page 3 ., The equipment may be transferred to other'CJD grantees meeding the `provided .that' =the _:benefiting -agency makes the :written :.assurances as- provided for 'above and reimburses :the grantee forA is share of the equipment 3) - If , It. -determined ih recipient.of "equipment costing in lexcess of 11,000 has =no further peed for the equipment 1 any of _the -grant ;programs; projects, or crlmin,al justice activities, ,_the CJD wi,)1 tmake �'Dne of_-the following adeterminations a :CJD may permit the grantee 'the property for other- - uses provided compensation is made to the CJD. The amount of compensation will be computed by .applying the percentage of CJD participation in the grant program to the current .fair market value of the property.... b. The CJD may instruct the grantee to ship 'the property elsewhere.- The grantee will be reimbursed by the benefiting agency with an amount which As computed by - applying the percentage of the grantee's participation in the grant program to the fair market value 'of the Property The CJD may instruct the grantee to sell the propert and reimburse the CJD for its share of the equipment. 01 -A biennial : equipment inventory is required on equipment .with -a unit cost in .excess of $1,000:° This .requirement is applicable .beginning.two years after - .the completion of the grant period and should be retained - by the grantee for audit purposes :a w D Replacem of Equipment When an item ' of . . - equipment with an , :. e acquisition cost o , 00 or.:more As' '-longer efficient :or- >7 serviceable .but the.;grantee continues, to need :the equipment in .=its:'criminal Justice activities; the recipient: - may replace the property ,through trade-in. or sale and :purchase ..of new:property, a ? provided the following requirements are 'met ` L r .. S iT ' Vl. xr z : 1) Grantees must obtain the'written permission ..• of,'CJD,to use n r ^ ihe.rovi5ions -nf- `this':section prior to •entering °:into . the . r � negotiation t'or the replacement or trade in of equipment,' - 1.�{ 3 ri. {.. > k ya � ✓ � r -- r.Tr t'� s t r � � ; f \ } f ;. 3. AA U ,r An 1 r - = - ro E W C :4�J O w Z CL -�i 0 ro r =6 4J - U C V y co CD to cr 4 - O 4J L C O ar .T �b N.� U ar O . 4J ro OI to n - c 4J ra W LL - -C al a-Q N " NNp Y N V C .0 4-- N 1 4A " .. 4J V m L 1 W O 4J M - Q - u V) Z U VI l0 +� AA - _ �pp - ar a) 3 -±+n -.-car - N 4- b .ar U ar o 3 ar a> ar �A .. •w {. .0 b C V .4J � r �ISL \ j`s.. _ I� r r t t ,x r r i - O A L • ar C� t t r ` - 4) 40--, .`p N •r .0 Vi "; y IA N ✓1 4J i + r LLI W °. ti C U F � COOPERATIVE WORKING AGREEMENT This is to certify that the objectives of the (insert name of the a licant organization) grant application for fiscal year 8 funding y the riming ustice Division of the Governor's Office have been reviewed and that it is mutually agreed to cooperate to whatever extent possible in carrying out the work plan described in that application. /signed/ (name of applicant organization or its contractor who operates the program) - } /signed/ (name of external organization) - "> Dated 10 t _ qq ){. .r - te a c. z _z...> 5.... .. ..... .A. z.. .. _4 .. .. ,. . . ..� .-. :^.i .... , -�� •.. -_., .. ' .27; 1 30 TOM . . . . . . . . . . 25/81 ..n n ....... ... Av A. t ttETMS the office of the (Criminal) (District /Canty) Attorney of Syr Texas and the Task Force are desirous of entering into a contract between the parties regulating the disposition of all property and moates (as defined by law) seized pursuant to civil and criminal statutes of the State of Texas, and WHEREAS the parties to this contract are identified as the Attorney of County, Texas (hereinafter referred to as District Attorney) and the Task Force, being that group organized pursuant to grant by and through the Texas Narcotics Control Program under the Anti- Drag Abuse Act of 1986 (hereinafter referred to as the Task Force), and WHEREAS the Attorney of Canty, Texas has the duty to represent the State of Texas regarding Forfeitures of property pursuant to various civil and criminal statutes, and fMS the Task Force has a duty to provide law enforoment service with particular a�asis to controlled substance offenses; and MW Tim, it is mutually agreed by and between the Attorney and the Task Force as follows: 1. The Attorney shall refer zu Forfeitures to the Task Force with the exception of Forfeitures referred to the Drug Enforcement Administration of the United States Justioe fit. 2. Upon seizure of funds or property by the Task Force, the Task Force shall maintain custody of the seized ftimds or property until final disposition of the Forfeiture action. 3. Upon final disposition of the Forfeiture action all funds and all property shall be awarded to the Task'Force. 4. All property and funds awarded to the Task Force must be used for those purposes as allowed by the OOP Guideline Manual M7100.1c, page 36, item 62D, and Attachment E of Circular No. A -102. a. Property income can be added to funds committed to the project by the grantor and grantee and be used to further eligible program objectives. b. Deducted from the total project costs for the purpose of det ermining the net costs on which the federal share of costs will be based. 5. This Agreement, shall be in effect for the teen of the Task Force grant award dates: to However, any of then pending Forfeitures shall not be affected by sual notices, or until the value of Forfeitures awarded to the Task Foross equal or exceed the total (rant Award Amount of It is Eo Agreed and Noted. Witness our hands on this District County Attorney County, Texas day of , 1987. Director Task Force County, Texas _ h Y' \ t _ - p A 2 t it 3 J A 3 r.3< s ht st t t o n Jy ¢t + It - +. T> J M1 `� ♦ i C ♦ a I t} '� tU It J f A S 1 4 l r r TEXAS NARCOTICS CONTROL PROGRAM -NARCOTIC SEIZURE REPORT GRANTEE NAME: PROJECT TITLE: PREPARED BY: PROJECT DIRECTOR'S SIGNATURE: .(16 oz — I lb) (28 grms 1 oz) A. MarlJuana '111. Packaged .2. Plants B. MariJuana Fields & Gardens 1. Gardens 2. Wild Fields 3. Cultivated Fields 4. Greenhouses i C. Hashish 1. Liquid, Oil 2. Solid D. Opiates 1. Morphine 2. Heroin 3. Codeine 4. Gum Opium j E. Cocaine 1. Solid 2. Liquid 3. Crack DATE OF REPORT: GRANT NUMBER: — QUARTER 1 2 3 BEGINNING MONTH: ENDING MONTH: REVIEWED BY: — (Dose Unit —' 1 Pill, Tablet or CaDSUlal k5OLID SOLID SOLID LIQUID DOSE STREET I—POUNDS I OUNCES -GRAMS I OUNCES UNITS ITEMS VA I tFvdutju do not write in snatlea areas.) f. JWIucjnoywM 1. LSD 2- PCP 3. Mushrooms 4. Peyote 6. Designer Drugs -- ­ --- 1. Barbiturates 2. Amphetamines 3. Methamphelamlnea 4- Tranquilizers 5. Synthetic Narcotics 7 f. JWIucjnoywM 1. LSD 2- PCP 3. Mushrooms 4. Peyote 6. Designer Drugs -- ­ --- 1. Barbiturates 2. Amphetamines 3. Methamphelamlnea 4- Tranquilizers 5. Synthetic Narcotics TNCP FORM 1 4 7777 TNCP FORM 1 4 TEXAS NARCOTICS CONTROL PROGRAM REPORT PERIOD NON -DRUG SEIZURES AND FORFEITURES GRANT NUMBER STATE AND LOCAL AGENCIES ASSET SEIZURES ASSET FORFEITURES number of dollar amount number of dollar amount seizures forfeitures x z i i i t t Vehicles Vessels Aircraft Currency Other Financial Instruments h Real Property Weapons TOTALS WITH FEDERAL ASSISTANCE Vehicles Vessels Aircraft Currency Other Financial Instruments Real Property Weapons TNCP FORM 2 TEXAS, NARCOTICS CONTROL PROGRAM REPORT PERIOD ARREST REPORT GRANT NUMBER r POSSESSION MANUFACTURE SALE TOTAL M F J M t F t J M t F J AG AG AG AG AG - AO AU AG AO t. i- MARIJUANA HA SHISH MORPHINE HEROIN UM E PCP MUSHROOMS - PEYOTE DESIGNER DRUGS UiTu:1t6l SYNTHETIC NARCOTICS TNOP FORM 3 i 5 TNOP FORM 3 . .- C ry' �' ,(1) The applicant assures that federal and state fiaxis made Available tinder Section 1302 of the 1986 Drug Act will not be used to •supplant state or ' local :funds, but gill 7be:.Msed to Ancrease the Nmamts .of auoh finds -'that would,: #n the obeence of federal or ;state .funds,' be made Available - 'for drug law enforoe�nent _act vities . 4 1 x2) T � h � e yi - a t asa�ne Yiat -3iar3 aooDtmtiiig � m 3/ " and ,. sud eauti s as - nay be .neoessary,*, to 'keep ASUC records as .. .. ..GOD shall prescribe, :shall . be provided to assure fiscal control, proper management . and efficiecTt -disbursement .of funds received under the nt -, (3) Mje licant assures that'it shall maintai app 'such data and information . and sukmit such reports, in such form, at such times, and containing . such information as CJD may require. (4) The applicant certifies that the programs contained in its application meet all requirements, that all the information is correct, that dyers 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 (5) The applicant assures that it will omply, and all its contractors will oacply, -with *the - nondiscrimination requirements . the Justice Assistacuie Act, Title VI of the Civil Rights Act of 1964; 'Section 504 of the Rehabilitation Act of 1973, as amexnded; :Title IR -of the Education Ame dmants of 1972; the Age Discmination Act of 1975, the � ' 4 Department - of Justice Nondiscrimination Regulations -28.CFR Part 42, F Subparts C, 'D, . E, and G; and Executive Order 11246, as amended by u i i Executive Order 11375; and their implementing regulations, 41 CFR.Part `.•`„ 60.1 at=. as applicable to construction contracts , The . appliCant •Assures thati 'in the event �.A federal or state court or . federal " or state. :administrative agency 'makes ' a finding of discrimination after a chae process hearing an -the ,grounds of race, color, religion, national origin, or sex against_.a recipient of :funds, c ` the recipient will forward a copy of the findin io the :Office.,of Civil_. Rights. Conpliacyoe (OCFC), Office of Justice Programs, and the n i,nin�.i ', .�r`::t r t f �i•< '. %. s. l l.• ... �7) ; The Applicant l.' as Urea , that i t "will ;;require `; that .' every : recipient ' • - zequir to 'formulate "an.Squal'Mvloyment Opportunity Program (EOOP) in accordance with 28. M 42.301 at submit a. the ;:. ,�:, .. ;state that . it has a `current E00e on file .ania�'meate the xequi ^emjnts .• therein -.� • s ��� � r t � . j '� "� erl > ' is tr t i t ! L -i ' F.M.i • 'J 1 _ . s \ ) .:.: 1 � f..., ? t }{ t l r ' C �N �1 (8j : htie appl3 cant ,assures that _' it will provide an Me if: requis ed to maintain one, where the application is for $500,000 or mire,' x c - {'� � �_ "., +i .ai q ::y e' C. - � {w >>l. oua ?�f3 #:.Z �- ,f /r / —• a a" tbe'provisions of the moti Guide for (10) 'fie applicant fissures that 'it iiiil oa�Qly arith tlia,prOVi.Sions -of 28 CER applicable :to. Tart, 11, ........ ....... of Office .-including ' -4)f Mmuqement and Dwkjet •Clrculars; 'Part 18, Part 20, Chstice Information Adninistxative Faview Procedures, - System, ,Part ., 22, '.P.onfidentiality of - Identifiable. . ..and - Statistical �'Inforwtion- - yste, f.- - Fart ­' -t� 23 r --. m - Opekrating-Policies,�.Part 30,'Ar&6rgovenwnenta1 of.,Department of Aistioe yrogram *4 : Activities; Part:: . 42; . :4;cndiscrimination -- Zq=l - Ehployment Opportunity *.Policies and Procedures Part .61, Procedures for Implementing the Naticial "EnvirortnentaLl Policy Act; Tart 63, . : * . :and `Floo*a&in Muwgmm* arid Wetlaol Protection Prpaxk=w..- + "- t t i x t y c " :.c r �- i F r J 2 "•ro•" , tt: L r t Yh xf3a ?r i ! t- ),•. t � f !y x 1 It .G tt s , ' { \+. `✓ � _ i F s its 4 r y L1J25 / try L. ✓r k4 r s , t nb{ xA r T$ pr SW `�� *4 •.. 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