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HomeMy WebLinkAbout11160RESOLUTION NO. 11160 A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE U.S. DEPARTMENT OF JUSTICE, DRUG ENFORCEMENT ADMINISTRATION AND THE CITY OF PUEBLO, A MUNICIPAL CORPORATION BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Agreement between the U.S. Department of Justice, Drug Enforcement Administration ( "DEA ") and the City of Pueblo, a Municipal Corporation, dated December 10, 2007 assigning four Police Department officers to the Colorado Springs Task Force, a true copy of which is attached hereto, having been approved as to form by the City Attorney, is hereby approved. .q Fr.TInN 9 The President of the City Council is hereby authorized to execute the Agreement on behalf of Pueblo, a Municipal Corporation. INTRODUCED December 10. 2007 APPROVED: a u & " e - ) ESID NTof City Council ATTESTED BY: CITY CLERK BY Randy Thurston Councilperson Res. M 1 too Background Paper for Proposed RESOLUTION AGENDA ITEM #3 DATE: DECEMBER 10, 2007 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 kP *7911 To approve the Agreement assigning Pueblo Police Department officers to the DEA Task Force. The department recommends approval of this resolution. 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. This agreement authorizes the assignment of four officers to the Drug Task Force for two years, in an effort to disrupt the illicit drug traffic in the area. h� There is no financial impact to the City of Pueblo, as the officers assigned to the Drug Task Force are included in the Police Department budget for the period of this agreement, based upon the availability of appropriated funds for salaries and benefits. STATE AND LOCAL TASK FORCE AGREEMENT This agreement is entered into as of the 10 day of December 2007, 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 Southern Colorado 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, the Pueblo PD agrees to detail four (4) experienced officer(s) to the Colorado Springs RO Task Force for a period of not less than two years. During this period of assignment, the Pueblo PD officer(s) will be .under the direct supervision and control of the DEA supervisory personnel assigned to the Task Force. 3. The Pueblo PD officer(s) assigned to the SCDTF 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 officer(s) assigned to the SCDTF shall be deputized as Task Force Officer(s) of DEA pursuant to 2.1 U.S.C. 878. 5. To accomplish the objectives of1he SCDTF, DEA will assign four (4) Special Agents to the SCDTF. DEA will also, subject to 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 officer(s) 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 its officer(s) 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 Pueblo PD officer(s) assigned to the SCDTF for overtime, up to,.a sum equivalent to 25 percent of the salary of a GS -12, step 1, (RUS) Federal employee (currently $15,854.25), 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 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, 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 Age Discrimination Act of 1975, as amended, and all requirements imposed by or pursuant to the regulations of the United States Department of Justice implementing those laws, 28 C.F.R. Part 42, Subparts C, F, G, H and L 11. The Pueblo PD agrees that an authorized officer or employee will execute and return to the DEA 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, provided under this Agreement, 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 SCDTF investigations will be forfeited under 21 U.S.C. 881 or will be shared equitably among the parties to the 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 as 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, 2008. 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. 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. 16. Financial obligations of the City, arising under this Agreement which are payable after the City's current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise available. For the Drug Enforcement Administration: �Z•2� fD4j Jeffrey D. Sweetin Special Agent in Charge Denver Field Division For the Pueblo Police Department: ,lames W. Billings, Jr. a Chief of Police Pueblo Police Department For the City of Pueblo: Judy P. eav President of the City Council City of Pueblo Date: /d- - /'/ ' Date: December ID, 2 001