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HomeMy WebLinkAbout08257ORDINANCE NO. 8257 AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE U.S. DEPARTMENT OF JUSTICE, DRUG ENFORCEMENT ADMINISTRATION AND THE CITY OF PUEBLO, A MUNICIPAL CORPORATION BE IT ORDAINED 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 September 30, 2010 assigning four Police Department officers to the Task Force of the Colorado Springs Resident Office of the DEA, 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: August 23, 2010 BY: Vera Ortegon COUNCILPERSON PASSED AND APPROVED: September 13, 2010 Background Paper for Proposed ORDINANCE AGENDA ITEM # R-3 DATE: AUGUST 23, 2010 DEPARTMENT: POLICE DEPARTMENT CHIEF JAMES W. BILLINGS, JR. TITLE AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE U.S. DEPARTMENT OF JUSTICE, DRUG ENFORCEMENT ADMINISTRATION AND THE CITY OF PUEBLO, A MUNICIPAL CORPORATION ISSUE To approve the Agreement assigning Pueblo Police Department officers to the DEA Task Force. RECOMMENDATION The department recommends approval of this ordinance. BACKGROUND This ordinance 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. FINANCIAL IMPACT 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. Appendix D STATE AND LOCAL TASK FORCE AGREEMENT This agreement is made on September 30, 2010, between the United States Department of Justice, Drug Enforcement Administration (hereinafter "DEA "), and the City of Pueblo, a Municipal Corporation (hereinafter "City ") acting for and on behalf of its Police Department (hereinafter "PPD ") 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 Task Force of the Colorado Springs Resident Office of the DEA (hereinafter "Task Force ") 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 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 Resident Office, the PPD agrees to detail four (4) experienced officers to the Colorado Springs Resident Office for a period of not less than two years. During this period of assignment, the PPD officers will be under the direct supervision and control of DEA supervisory personnel assigned to the Task Force 3 The PPD 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 PPD 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 Resident Office, DEA will assign three (3) Special Agents to the Task Force 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 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 Resident Office, the PPD 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 PPD for overtime payments made by it to PPD officers assigned to the Colorado Springs Resident Office for overtime, up to a sum equivalent to 25 percent of the salary of a GS -12, step 1, (RUS) Federal employee (currently $17,202.25), per officer 7 In no event will the PPD charge any indirect cost rate to DEA for the administration or implementation of this agreement. 8 The PPD 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 PPD 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 PPD 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 PPD 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 I 11 The PPD 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 PPD acknowledges that this agreement will not take effect and no Federal funds will be awarded to the PPD 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 PPD 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 pursuant to an appropriate Federal forfeiture statute Forfeited assets 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 with in 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, 2011 This agreement may be terminated by either party on 30 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 PPD 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 after being appropriated, budgeted, and otherwise available For the Drug Enforcement Adminis ation 4.21 Date ` 7-AO Jeffrey D Sweetin c - f '1=t cif C Special Agent in Charge l� For the Pueblo Police Department: 3 -. 4171/1 f Date. ". 0 - /a ames W Billings, Jr 0 Chief of Police Pueblo Police Department For the City of Pueblo Date September 13, 2010 Lawrence W Atencio President of the City Council City of Pueblo :••' U.S. DEPARTMENT OF JUSTICE . OFFICE OF JUSTICE PROGRAMS k OFFICE OF THE COMPTROLLER CERTIFICATIONS REGARDING LOBBYING, DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS, AND DRUG -FREE WORKPLACE REQUIREMENTS Applicants should refer to the regulations cited below to determine the certification to which they are required to attest. Applicants should also review the instructions for certification included in the regulations before completing this form. Signature of this form provides for compliance with certification requirements under 28 CFR Part 69 'New Restrictions on Lobbying and 28 CFR Part 67 Government -wide Debarment and Suspension (Nonpro - curement) and Government -wide Requirements for Drug -Free Workplace (Grants) The certifications shall be treated as a material representation of fact upon which reliance will be placed when the Department of Justice determines to award the covered transaction grant, or cooperative agreement. 1 LOBBYING public (Federal, State, or local) transaction or contract under a As required by Section 1352, Title 31 of the U.S Code, and public transaction, violation of Federal or State antitrust statutes implemented at 28 CFR Part 69 for persons entering into a or commission of embezzlement, theft, forgery grant or cooperative agreement over $100 000 as defined at bribery falsification or destruction of records, making false 28 CFR Part 69, the applicant certifies that: statements, or receiving stolen property (a) No Federal appropriated funds have been paid or will be (c) Are not presently indicted for or otherwise criminally or paid by or on behalf of the undersigned, to any person for In- civilly charged by a governmental entity (Federal, State, or fluencing or attempting to influence an officer or employee of any local) with commission of any of the offenses enumerated in agency a Member of Congress an officer or employee of paragraph (1)(b) of this certification; and Congress, or an employee of a Member of Congress in con- nection with the making of any Federal grant, the entering into (d) Have not within a three -year period preceding this applica- of any cooperative agreement, and the extension, continuation, tion had one or more public transactions (Federal, State or renewal, amendment, or modification of any Federal grant or local) terminated for cause or default; and cooperative agreement; 8. Where the applicant is unable to certify to any of the (b) If any funds other than Federal appropriated funds have statements in this certification, he or she shall attach an been paid or will be paid to any person for influencing or at explanation to this application. tempting to influence an officer or employee of any agency, a . Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this 3. DRUG - FREE WORKPLACE Federal grant or cooperative agreement, the undersigned shall (GRANTEES OTHER THAN INDIVIDUALS) complete and submit Standard Form LLL 'Disclosure of Lobbying Activities, In accordance with its instructions, As required by the Drug -Free Workplace Act of 1988, and (c) The undersigned shall require that the language of this cer implemented at 28 CFR Part 67 Subpart F for grantees, as tification be included in the award documents for all subawards defined at 28 CFR Part 67 Sections 67.615 and 67.620 — at all tiers (including subgrants, contracts under grants and A. The applicant certifies that it will or will continue to provide cooperative agreements, and subcontracts) and that all sub- a drug -free workplace by recipients shall certify and disclose accordingly (a) Publishing a statement notifying employees that the • unlawful manufacture, distribution, dispensing, possession, or 2. DEBARMENT SUSPENSION, AND OTHER use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against RESPONSIBILITY MATTERS employees for violation of such prohibition; (DIRECT RECIPIENT) (b) Establishing an on -going drug -free awareness program to inform employees about — As required by Executive Order 12549 Debarment and Suspension, and implemented at 28 CFR Part 67 for prospec (1) The dangers of drug abuse in the workplace; tive participants in primary covered transactions, as defined at (2) The grantee s policy of maintaining a drug -free workplace 28 CFR Part 67 Section 67.510— (3) Any available drug counseling, rehabilitation, and employee A. The applicant certifies that it and its principals. assistance programs; and (a) Are not presently debarred suspended proposed for debar (4) The penalties that may be imposed upon employees for ment, declared ineligible, sentenced to a denial of Federal drug abuse violations occurring in the workplace; benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department (c) Making it a requirement that each employee to be engaged or agency in the performance of the grant be given a copy of the state- ment required by paragraph (a)' (b) Have not within a three -year period preceding this applica- in the statement required by ora- tion been convicted of or had a civil judgment rendered against (d ) Notifying y 9 the employee q y p them for commission of fraud or a criminal offense in connec graph (a) that, as a condition of employment under the grant, tion with obtaining, attempting to obtain, or performing a the employee will - OJP FORM 4061/6 (3 -91) REPLACES OJP FORMS 4061/2, 4061/3 AND 4061/4 WHICH ARE OBSOLETE. (1) Abide by the terms of the statement; and (2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace • no later than five calendar days after such conviction; Check ❑ if there are workplaces on file that are not indentified (e) Notifying the agency, in writing within 10 calendar days here after receiving notice under subparagraph (d)(2) from an Section 67 630 of the regulations provides that a grantee that employee or otherwise receiving actual notice of such convic -tion. is a State may elect to make one certification in each Federal Employers of convicted employees must provide notice including fiscal year A copy of which should be included with each ap- position title, to: Department of Justice Office of plication for Department of Justice funding. States and State Justice Programs, ATTN: Control Desk, 633 Indiana Avenue, agencies may elect to use OJP Form 4061/7 N W Washington, D C 20531 Notice shall include the iden- tification number(s) of each affected grant; Check El if the State has elected to complete OJP Form 4061/7 (f) Taking one of the following actions within 30 calendar days of receiving notice under subparagraph (d)(2), with respect to any employee who Is so convicted— DRUG•FREE WORKPLACE (GRANTEES WHO ARE INDIVIDUALS) (1) Taking appropriate personnel action against such an employee up to and including termination, consistent with the As required by the Drug -Free Workplace Act of 1988, and requirements of the Rehabilitation Act of 1973 as amended; or implemented at 28 CFR Part 67 Subpart F for grantees, as (2) Requiring such employee to participate satisfactorily in a defined at 28 CFR Part 67 Sections 67 615 and 67.620— drug abuse assistance or rehabilitation program approved for A. As a condition of the grant, I certify that I will not engage such purposes by a Federal, State, or local health law enforce- in the unlawful manufacture distribution dispensing, posses - ment, or other appropriate agency* sion, or use of a controlled substance in conducting any (g) Making a good faith effort to continue to maintain a drug- activity with the grant; and free workplace through implementation of paragraphs (a) (b), B If convicted of a criminal drug offense resulting from a (c), (d), (e), and (f). violation occurring during the conduct of any grant activity, I B The grantee may insert in the space provided below the will report the conviction, in writing within 10 calendar days site(s) for the performance of work done in connection with of the conviction to Department of Justice Office of Justice the specific grant: Programs ATTN Control Desk, 810 Seventh Street NW Washington DC 20531 Place of Performance (Street address, city, county state zip code) As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above certifications. 1 Grantee Name and Address. City of Pueblo, a Municipal Corporation P 0 Box 1427, Pueblo, CO 81002 -1427 ei.eea:3?...- Application Number and /or Project r6nV 3 Grantee IRS /Vendor Number Lawrence W Atencio, President of City Council 4 Typed Name and Title of Authorized Representative September 13, 2010 5. Signature 6. Date 'U.S. Government Printing Office. 1996 405 - 037/40014