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10707
RESOLUTION NO. 10707 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 EXPENSES ASSOCIATED WITH A TEMPORARY EMPLOYEE FOR THE SOUTHERN COLORADO DRUG TASK FORCE AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME 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 April 1, 2006 relating to reimbursement of salary costs for a Police Department temporary employee 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 May 8, 2006 BY Randy Thurston Councilperson APPROVED: President of Cit Council ATTESTED BY: CITY CLERK 4 SD -11- 11)-1©-7 Background Paper for Proposed RESOLUTION AGENDA ITEM # DATE: MAY 8, 2006 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 EXPENSES ASSOCIATED WITH A TEMPORARY EMPLOYEE FOR THE SOUTHERN COLORADO DRUG TASK FORCE AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME ISSUE Should the City approve the DEA Agreement, which, subject to availability of federally appropriated funds, authorizes reimbursement of up to $22,495.52 for salary expenses associated with a temporary employee of the City of Pueblo performing clerical and other related duties in support of activities of the Southern Colorado Drug Task Force? RECOMMENDATION The Police Department recommends approval of this agreement. FINANCIAL IMPACT As long as Congress appropriates the federal HIDTA funds, there is no direct financial impact to the City. This agreement authorizes full reimbursement of all costs associated with the temporary position for the time period of April 1, 2006 through December 31, 2006. STATE AND LOCAL TASK FORCE AGREEMENT This agreement is entered into as of the 1" day of April 2006, between the United States Department of Justice, Drug Enforcement Administration (hereinafter "DEA "), and the City of Pueblo, a Municipal Corporation ( "City ") acting for and on behalf of its 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. In accordance with all laws and constitutional requirements, the Southern Colorado Drug Task Force (hereinafter "SCDTF ") will perform the activities and duties described below: a. disrupt the illicit drug trafficking in the area by immobilizing targeted violators and trafficking organizations; b. gather and report intelligence data relating to trafficking of narcotics and dangerous drugs; and C. conduct undercover operations where appropriate and engage in traditional methods of investigation in order that the SCDTF activities will result in effective prosecution before the courts of the United States and the State of Colorado. 2. To assist in accomplishing the objectives of the SCDTF for the time period of April 1, 2006 through December 31, 2006, the City will hire a temporary, part -time employee assigned to the Pueblo PD to perform services as secretary to the SCDTF ( "Secretary"). The secretary shall be under the control of the Chief of the Pueblo PD but subject to the supervision of the DEA supervisory personnel assigned to the SCDTF. 3. Terms and conditions of employment: a. The Secretary will be an employee of the City and subject to all the terms and conditions applicable to Pueblo PD employees. During the period of assignment to the SCDTF, the City and the Pueblo PD will remain responsible for establishing and paying salary and benefits of the City Secretary and for making all payments due her. b. Subject to the availability of annually appropriated HIDTA funds or any continuing resolution thereof, the DEA will reimburse the City actual costs associated with the payment of the salary and benefits for the Secretary at a sum not greater than $22,495.52. 4. In no event will the City charge any indirect cost rate to the DEA for the administration or implementation of this agreement. 5. The Secretary shall adhere to the DEA policies and procedures. Failure to adhere to the DEA policies and procedures shall be grounds for dismissal from the SCDTF. The Secretary shall also remain subject to the policies, procedures, and regulations of the City and the Pueblo PD. Any conflict between the DEA policies and procedures and those of the City and Pueblo PD shall be resolved by the DEA Special Agent in Charge or his designee, and the chief law enforcement officer of the Pueblo PD, or his designee. 6. The DEA will support the SCDTF by providing DEA Special Agents, office space, office supplies, travel funds, training and other support items. 7. The City 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 the DEA to facilitate on -site inspection and auditing of such records and accounts. 8. The City shall permit and have readily available for examination and auditing by the 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, invoices, receipts or expenditures relating to this agreement. The City 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. 9. The City 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. 10. The City agrees that an authorized officer or employee will execute and return to the DEA the attached O]P Form 4061/6, Certification Regarding Lobbying; Debarment, Suspension and Other Responsibility Matters; and Drug -Free Workplace Requirements. The City 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. 11. The term of this agreement shall be from the date of signature by representatives of both parties to December 31, 2006. This agreement may be terminated by either parry on 30 days advance written notice. Billings for all outstanding obligations must be received by the DEA within 90 days of the date of termination of this agreement. The DEA will be responsible only for obligations incurred by the City during the term of this agreement. 12. Notwithstanding any provision of this agreement to the contrary, no term, condition, or provision of this agreement shall be construed or interpreted as a waiver, express or implied, by the City or Pueblo PD of any of the immunities, rights, benefits, or other provisions of the Colorado Governmental Immunity Act, section 24 -10 -101, et. seta ., C.R.S. 13. All enforcement of the terms and conditions of this agreement, and all rights of action related to such enforcement, are reserved to the parties hereto. Therefore, no third party shall have any rights to benefits under, or enforcement of this agreement. 14. Financial obligations of the City payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise available. 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 Denver Field Division Date: lP• -2? - e q For the Pueblo Police Department: J mes W. Billings, Jr. [/Chief of Police Pueblo Police Department Date: i:1- -o G For the City of Pueblo: Date: 5 -8— 4l0 Michael Occhiato President of the City Council City of Pueblo