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HomeMy WebLinkAbout10495RESOLUTION NO. 10495 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 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 September 30, 2005 relating to reimbursement of overtime for Police Department officers assigned to the Colorado Springs Resident Office 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 12, 2005 PRES1 9 F CITY frP s BY Michael Occhiato Councilperson Background Paper for Proposed RESOLUTION . # c) (/ AGENDA ITEM # /( DATE: SEPTEMBER 12, 2005 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 To approve the Agreement to cover reimbursement of overtime expenses for police officers assigned to the DEA Task Force. RECOMMENDATION The department recommends approval of this resolution. BACKGROUND This resolution authorizes the continuation of the Pueblo Police Department's partnership with the DEA. 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. In an effort to disrupt the illicit drug traffic in the area, the officers assigned to the Drug Task Force incur overtime as a result of their duties while assigned to the Task Force. This agreement authorizes reimbursement of the officer's overtime and requires detailing of officers to the task force for two years. FINANCIAL IMPACT There is no financial impact to the City of Pueblo, as the Drug Enforcement Administration, subject to availability of appropriated U.S. Department of Justice funds will pay for the cost of officer overtime but not the cost of four officers salaries and benefits. STANDARD STATE AND LOCAL TASK FORCE AGREEMENT This agreement is made this 30 day of September, 2005, 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 the Pueblo Police Department (hereinafter "Pueblo PD ") 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. The Colorado Springs Resident Office (RO) Task Force will perform the activities and duties described below: a. disrupt the illicit drug traffic in the 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 Task Force'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 Colorado Springs RO Task Force, the Pueblo PD agrees to detail four (4) experienced officers to the Task Force for a period of not less than two years. During this period of assignment, the Pueblo PD officers will be under the direct supervision and control of DEA supervisory personnel assigned to the Task Force. 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 Task Force. 4. The Pueblo PD officers assigned to the Task Force shall be deputized as Task Force Officers of DEA pursuant to 21 U.S.C. 878. 5. To accomplish the objectives of the Colorado Springs RO Task Force, DEA will assign two (2) Special Agents to the Task Force. 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 Task Force. 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 Colorado Springs RD Task Force, the Pueblo PD will remain responsible for establishing the salary and benefits, including overtime, of the officers assigned to the Task Force, 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 Pueblo PD officers assigned to the Task Force for overtime, up to a sum equivalent to 25 percent of the salary of a GS -12, step 1, Federal employee (currently $15,144), 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 agreements 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 the attached OJP 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 the 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 through 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 Generals 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, 2006. 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 Pueblo PD during the term of this agreement. For the Drug Enforcement Administration: Jeffrey D. Sweetin Special Agent in Charge For the Pueblo Police Department: h/ es W. Billings Jr. ief of Police Robeft Sct President, Date: /-fd/O — Date: Date: 9 , Ia•aDOS - For the City of Pueblo: