HomeMy WebLinkAbout09958RESOLUTION NO. 9958
A RESOLUTION APPROVING AN AGREEMENT BETVVEEN THE U.S. DEPARTMENT OF JUSTICE,
DRUG ENFORCEMENT ADMINISTRATION AND THE CITY OF PUEBLO, A MUNICIPAL
CORPORATION RELATING TO OVERTIME REIMBURSEMENT
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The Agreement between the U.S. Department of Justice, Drug Enforcement Administration
and the City of Pueblo, a Municipal Corporation, dated October 1, 2003 relating to reimbursement of
overtime for Police Department officers assigned to the Southern Colorado Drug Task Force, a true
copy of which is attached hereto, having been approved as to form by the City Attorney, is hereby
approved.
SECTION 2.
The President of the City Council is hereby authorized to execute the Agreement on behalf of
Pueblo, a Municipal Corporation.
INTRODUCED September 22, 2003
BY Al Gurule/Councilperson
APPROVED: Bill Sova/President of City Council
ATTEST: Gina Dutcher/City Clerk
Background Paper for Proposed
RESOLUTION 9958
DATE: SEPTEMBER 22, 2003
DEPARTMENT: POLICE DEPARTMENT
CHIEF JAMES W. BILLINGS, JR.
TITLE
A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE U.S.
DEPARTMENT OF JUSTICE, DRUG ENFORCEMENT ADMINISTRATION AND
THE CITY OF PUEBLO, A MUNICIPAL CORPORATION RELATING TO
OVERTIME REIMBURSEMENT
ISSUE
Should the City accept the DEA Agreement, which authorizes reimbursement of
up to $14,115.75 per officer for overtime expenses relating to the Southern
Colorado Drug Task Force (SCDTF)?
RECOMMENDATION
The Police Department recommends approval of this agreement.
BACKGROUND
Them is evidence that trafficking in narcotics and dangerous drugs exists in the
southern Colorado area and that such illegal activity has a substantial and
detrimental effect on the health and general welfare of the people of Colorado.
The SCDTF is charged with disrupting the illicit drug traffic by immobilizing
targeted violators and traffic organizations.
FINANCIAL IMPACT
Them is no direct financial impact to the City. This agreement authorizes
reimbursement of overtime costs for officers assigned to the SCDTF through
September 30, 2004.
STANDARD
STATE AND LOCAL TASK FORCE AGREEMENT
This agreement is made this 1st day of October, 2003, between the United States
Department of Justice, Drug Enforcement Administration (hereinafter "DEA"), and the
City of Pueblo, a Municipal Corporation, for and on behalf of its Police Department.
WHEREAS, certain law enforcement agencies, including municipal police departments,
the Colorado Bureau of Investigation and the DEA, operating within southeastern
Colorado, have formed a task force to cooperatively investigate trafficking in narcotics
and dangerous drugs, which transcends jurisdictional boundaries, under the supervision
and direction of the DEA (hereinafter referred to as the "SCDTF"), and
WHEREAS, there is evidence that trafficking in narcotics and dangerous drugs exists in
the southern Colorado area and that such illegal activity has a substantial and
detrimental effect on the health and general welfare of the people of Colorado, the
parties hereto agree to the following:
1. In accordance with all laws and constitutional requirements. The SCDTF will
perform the activities and duties described below:
a. disrupt the illicit drug traffic in the Southern Colorado area by immobilizing
targeted violators and trafficking organizations;
b. gather and report intelligence data relating to trafficking in narcotics and
dangerous drugs; and
c. conduct undercover operations where appropriate and engage in other
traditional methods of investigation in order that the SCDTF's activities will result in
effective prosecution before the courts of the United States and the State of Colorado.
2. To accomplish the objectives of the SCDTF, the Pueblo PD agrees to detail four
(4) experienced officers to the SCDTF for a period of not less than one year. During
this period of assignment, the Pueblo PD officers will be under the general supervision
of DEA supervisory personnel assigned to the SCDTF.
3. The Pueblo PD officers assigned to the Task Force shall adhere to DEA policies
and procedures. Failure to adhere to DEA policies and procedures shall be grounds for
dismissal from the SCDTF.
4. The Pueblo PD officers assigned to the SCDTF shall be deputized as agents of
DEA pursuant to 21 U.S.C. 878.
5. To accomplish the objectives of the SCDTF, DEA will assign two (2) Special
Agents to the SCDTF. DEA will also, subject to the availability of annually appropriated
funds or any continuing resolution thereof, provide necessary funds and equipment to
support the activities of the DEA Special Agents and Pueblo PD officers assigned to the
SCDTF.
This support will include: office space, office supplies, travel funds, funds for the
purchase of evidence and information, investigative equipment, training, and other
support items.
6. During the period of assignment to the SCDTF, the Pueblo PD will remain
responsible for establishing the salary and benefits, including overtime, of the officers
assigned to the SCDTF, and for making all payments due them. DEA will, subject to
availability of funds, reimburse the Pueblo PD for overtime payments made by it to the
Pueblo PD officers assigned to the SCDTF for overtime, up to a sum equivalent to
$14,115.75 per officer.
7. In no event will the Pueblo PD charge any indirect cost rate to DEA for the
administration or implementation of this agreement.
8. The Pueblo PD shall maintain, on a current basis, complete and accurate records
and accounts of all obligations and expenditures of funds under this agreement in
accordance with generally accepted accounting principles and instructions provided by
DEA to facilitate on-site inspection and auditing of such records and accounts.
9. The Pueblo PD shall permit and have readily available for examination and
auditing by DEA, the United States Department of Justice, the Comptroller General of
the United States, and any of their duly authorized agents and representatives, any and
all records, documents, accounts, invoices, receipts or expenditures relating to this
agreement. The Pueblo PD shall maintain all such reports and records until all audits
and examinations are completed and resolved, or for a period of three (3) years after
termination of this agreement, whichever is sooner.
10. The Pueblo PD shall comply with Title VI of the Civil Rights Act of 1964, Section
504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act (as
incorporated in the Civil Rights Act of 1991) and all requirements imposed or pursuant
to the regulations of the United States Department of Justice implementing those laws,
28 C.F.R. Part 42, Subparts C, D, and F.
11. The Pueblo PD agrees that an authorized officer or employee will execute and
return to DEA, Form 4061/6, Certification Regarding Lobbying; Debarment, Suspension
and Other Responsibility Matters; and Drug-Free Workplace Requirements. The
Pueblo PD acknowledges that this agreement will not take effect and no Federal funds
will be awarded to the Pueblo PD by DE^ until the completed certification is received.
12. 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, the Pueblo PD 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. Assets seized during task force investigations will be forfeited under 21 U.S.C.
881 and will be shared equitably among the parties to this agreement in accordance
with the Attorney General's Guidelines on Seized and Forfeited Property. All parties to
this agreement acknowledge, however, that the disposition of assets forfeited under
Federal law is within the discretionary authority of the Department of Justice.
14. The term of this agreement shall be from the date of signature by representatives
of both parties to September 30, 2004. This agreement may be terminated by either
party on thirty days' advance written notice. Billings for all outstanding obligations must
be received by DEA within 90 days of the date of termination of this agreement. DEA
will be responsible only for obligations incurred by the Pueblo PD during the term of this
agreement.
15. The individuals signing this Agreement each represent and warrant that they
have lawful authority to enter into this Agreement on behalf of their respective party and
to bind said party to the terms hereof.
For the Drug Enfomement Administration:
Special Agent in Charge
Date:
For the Pueblo Police Department:
y cahr~ of Police
F°r the Cit~~// ~''''~ Date:
Dr. Bill Sova
President of the City Council
STANDARD
STATE AND LOCAL TASK FORCE AGREEMENT
This agreement is made this 1st day of October, 2003, between the United States
Department of Justice, Drug Enforcement Administration (hereinafter "DEA"), and the
City of Pueblo, a Municipal Corporation, for and on behalf of its Police Department.
WHEREAS, certain law enforcement agencies, including municipal police departments,
the Colorado Bureau of Investigation and the DEA, operating within southeastem
Colorado, have formed a task force to cooperatively investigate trafficking in narcotics
and dangerous drugs, which transcends jurisdictional boundaries, under the supervision
and direction of the DEA (hereinafter referred to as the "SCDTF"), and
WHEREAS, there is evidence that trafficking in narcotics and dangerous drugs exists in
the southern Colorado area and that such illegal activity has a substantial and
detrimental effect on the health and general welfare of the people of Colorado, the
parties hereto agree to the following:
1. In accordance with all laws and constitutional requirements. The SCDTF will
perform the activities and duties described below:
a. disrupt the illicit drug traffic in the Southern Colorado area by immobilizing
targeted violators and trafficking organizations;
b. gather and report intelligence data relating to trafficking in narcotics and
dangerous drugs; and
c. conduct undercover operations where appropriate and engage in other
traditional methods of investigation in order that the SCDTF's activities will result in
effective prosecution before the courts of the United States and the State of Colorado.
2. To accomplish the objectives of the SCDTF, the Pueblo PD agrees to detail four
(4) experienced officers to the SCDTF for a period of not less than one year. During
this period of assignment, the Pueblo PD officers will be under the general supervision
of DEA supervisory personnel assigned to the SCDTF.
3. The Pueblo PD officers assigned to the Task Force shall adhere to DEA policies
and procedures. Failure to adhere to DEA policies and procedures shall be grounds for
dismissal from the SCDTF.
4. The Pueblo PD officers assigned to the SCDTF shall be deputized as agents of
DEA pursuant to 21 U.S.C. 878.
5. To accomplish the objectives of the SCDTF, DEA will assign two (2) Special
Agents to the SCDTF. DEA will also, subject to the availability of annually appropriated
funds or any continuing resolution thereof, provide necessary funds and equipment to
support the activities of the DEA Special Agents and Pueblo PD officers assigned to the
SCDTF.
This support will include: office space, office supplies, travel funds, funds for the
purchase of evidence and information, investigative equipment, training, and other
support items.
6. During the period of assignment to the SCDTF, the Pueblo PD will remain
responsible for establishing the salary and benefits, including overtime, of the officers
assigned to the SCDTF, and for making all payments due them. DEA will, subject to
availability of funds, reimburse the Pueblo PD for overtime payments made by it to the
Pueblo PD officers assigned to the SCDTF for overtime, up to a sum equivalent to
$14,115.75 per officer.
7. In no event will the Pueblo PD charge any indirect cost rate to DEA for the
administration or implementation of this agreement.
8. The Pueblo PD shall maintain, on a current basis, complete and accurate records
and accounts of all obligations and expenditures of funds under this agreement in
accordance with generally accepted accounting principles and instructions provided by
DEA to facilitate on-site inspection and auditing of such records and accounts.
9. The Pueblo PD shall permit and have readily available for examination and
auditing by DEA, the United States Department of Justice, the Comptroller General of
the United States, and any of their duly authorized agents and representatives, any and
all records, documents, accounts, invoices, receipts or expenditures relating to this
agreement. The Pueblo PD shall maintain all such reports and records until all audits
and examinations are completed and resolved, or for a period of three (3) years after
termination of this agreement, whichever is sooner.
10. The Pueblo PD shall comply with Title VI of the Civil Rights Act of 1964, Section
504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act (as
incorporated in the Civil Rights Act of 1991) and all requirements imposed or pursuant
to the regulations of the United States Department of Justice implementing those laws,
28 C.F.R. Part 42, Subparts C, D, and F.
11. The Pueblo PD agrees that an authorized officer or employee will execute and
return to DEA, Form 4061/6, Certification Regarding Lobbying; Debarment, Suspension
and Other Responsibility Matters; and Drug-Free Workplace Requirements. The
Pueblo PD acknowledges that this agreement will not take effect and no Federal funds
will be awarded to the Pueblo PD by DEA until the completed certification is received.
12. 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, the Pueblo PD 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. Assets seized during task force investigations will be forfeited under 21 U.S.C.
881 and will be shared equitably among the parties to this agreement in accordance
with the Attorney General's Guidelines on Seized and Forfeited Property. All parties to
this agreement acknowledge, however, that the disposition of assets forfeited under
Federal law is within the discretionary authority of the Department of Justice.
14. The term of this agreement shall be from the date of signature by representatives
of both parties to September 30, 2004. This agreement may be terminated by either
party on thirty days' advance written notice. Billings for all outstanding obligations must
be received by DEA within 90 days of the date of termination of this agreement. DEA
will be responsible only for obligations incurred by the Pueblo PD during the term of this
agreement.
15. The individuals signing this Agreement each represent and warrant that they
have lawful authority to enter into this Agreement on behalf of their respective party and
to bind said party to the terms hereof.
For the Drug Enforcement Administration:
Jeffrey D. Sweetin
Special Agent in Charge
Date:
For the Pueblo Police Department:
ill~ngs, Jr. Ar '/~J
ice ~
For the City ~ ~ Date:
Dr. Bill Sov~l,. ~,,,- ._
President of t-h~ City Council