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.
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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
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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
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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.
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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:
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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