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HomeMy WebLinkAbout09398 ORDINANCE NO. 9398 AN ORDINANCE TO ACCEPT AND EXECUTE AN AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND THE FEDERAL BUREAU OF INVESTIGATION (FBI) TO PROVIDE THE FBI WITH SECURE OFFICE SPACE WITHIN THE POLICE DEPARTMENT TO FACILITATE COLLABORATION ON INTERLINKED CRIMINAL INVESTIGATIONS BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Memorandum of Agreement between the Federal Bureau of Investigation, Denver Division, and the City of Pueblo through the Pueblo Police Department for Access and Use of Physical Office Space Located Inside of the Pueblo Police Department Facility dated December 26, 2018, 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 City Council is hereby authorized and directed to execute the Memorandum of Agreement on behalf of the City, and the City Clerk is directed to affix the seal of the City thereto and attest the same. SECTION 3. The officers and staff of the City are directed and authorized to perform any all acts consistent with the intent of this Ordinance and the attached Memorandum of Agreement to effectuate the transactions described therein. SECTION 4. This Ordinance shall become effective immediately upon final passage and approval. INTRODUCED: December 26, 2018 BY: Ed Brown MEMBER OF CITY COUNCIL APPROVED: IDENT OF CITY COUNCIL ATTESTED BY: ACTING CITY CLERK PASSED AND APPROVED: January 14, 2019 City Clerk’s Office Item # R-2 BACKGROUND PAPER FOR PROPOSED ORDINANCE COUNCIL MEETING DATE: December 26, 2018 TO: President Christopher A. Nicoll and Members of City Council CC: Sam Azad, City Manager VIA: Brenda Armijo, Acting City Clerk FROM: Troy D. Davenport, Chief of Police SUBJECT: AN ORDINANCE TO ACCEPT AND EXECUTE AN AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND THE FEDERAL BUREAU OF INVESTIGATION (FBI) TO PROVIDE THE FBI WITH SECURE OFFICE SPACE WITHIN THE POLICE DEPARTMENT TO FACILITATE COLLABORATION ON INTERLINKED CRIMINAL INVESTIGATIONS SUMMARY: This agreement will allow quicker and faster collaboration on criminal investigations between the Pueblo Police Department and the FBI, because the FBI would have direct access to secure FBI data and programs located within the Police Department building. PREVIOUS COUNCIL ACTION: The mutual aid memorandum of understanding and cost of reimbursement agreement between the City and the FBI for the safe streets task force was passed by Council Ordinance No. 8869 on April 27, 2015. BACKGROUND: The City of Pueblo’s Police Department FBI Task Force and the Federal Bureau of Investigations (FBI) work together to investigate interlinked criminal incidents. The Police Department would like to provide the FBI and Task Force agents with office space in which to keep the FBI’s computers and systems. Having their software and data on hand will allow the FBI Agents to more readily access the FBI’s secure data. Acceptance and execution of this agreement will help provide for agency cooperation and the sharing of the FBI’s secure data. It is anticipated that providing the FBI with office space will streamline information sharing between City and FBI personnel, which will provide faster leads and quicker identification of suspects. This will result in the criminal element being removed more quickly, and a safer City. FINANCIAL IMPLICATIONS: This agreement, if approved, will require the FBI to pay for all FBI related building modifications, hardware and software needs, and the costs of any installation. The FBI will also be responsible for all ongoing expenses related to FBI-owned equipment. BOARD/COMMISSION RECOMMENDATION: None. STAKEHOLDER PROCESS: There is no stakeholder process required for these purchases. ALTERNATIVES: Not approving this Ordinance will prevent the FBI from having direct access to secure FBI data within the Pueblo Police Department and prevent efficient joint operations. RECOMMENDATION: Approval of the Ordinance. ATTACHMENTS: Memorandum of Agreement with the Federal Bureau of Investigation MEMORANDUM OF AGREEMENT BETWEEN THE FEDERAL BUREAU OF INVESTIGATION, DENVER DIVISION AND THE CITY OF PUEBLO THROUGH THE PUEBLO POLICE DEPARTMENT FOR ACCESS AND USE OF PHYSICAL OFFICE SPACE LOCATED INSIDE OF THE PUEBLO POLICE DEPARTMENT FACILITY A. Parties This Memorandum of Agreement(MOA) is entered into by and between the Federal Bureau of Investigation(FBI), Denver Division,and the City of Pueblo,a Municipal Corporation,through the Pueblo Police Department(PPD), hereinafter referred to as the Parties("Parties"). B. Purpose The purpose of this MOA between the FBI and the PPD is to define the scope and responsibilities for reimbursement of expenses to the PPD for the"footprint"(use of space and utilities further detailed in this MOA)of the FBI in the office space under control of the PPD at 200 South Main St., Pueblo, CO. The PPD has agreed to allow the FBI to occupy a space approximately 200 square feet on the third floor of the building for the purpose of facilitating joint investigations. C. Scope/Mission The general scope of this MOA is to formalize the financial responsibilities of the Parties,maximize inter-agency cooperation and delineate the terms and conditions for use in the PPD space. Authority Title 28, United States Code (USC), Section 530C. Funding Contingent upon the availability of funding, the FBI will occupy 200 square feet on the third floor of the building. The funding to be provided by the FBI pursuant to this MOA will be subject to budgetary and fiscal processes and availability of funds pursuant to all federal laws, regulations,and policies applicable thereto. The expenses incurred by the PPD and FBI are anticipated to include,but are not limited to: a) The PPD will furnish approximately 200 square feet of space on the third floor of the Pueblo Municipal Justice Center for use by the FBI, and the associated cost of moving existing equipment in the space to another location. b) The FBI will bear all costs of and perform all modifications to the 200 square foot space,to include,but not limited to, HVAC installation and associated electrical, and installation of environmental equipment. This agreement requires no obligation or commitment of funds, nor a basis for transfer of funds. The FBI is only responsible for those costs specified in this MOA. Any additional costs will require written approval by the FBI contracting officer. The FBI shall be responsible for the payment of all costs and expenses owed to the contractors or companies who perform the work that is the subject of this MOA. The FBI shall make timely payment of any costs or expenses incurred to the contractors or companies engaged to perform the modifications the FBI has agreed to complete herein. In return for the funding of specified modifications to the space,the PPD shall not charge the FBI rent for its use of the referenced space for the duration of this agreement. All modifications to the HVAC system,electrical system, and inter-wall installation of fiber optic cable, wires,or any other materials necessary for computing or telephone communication installed per the terms of this MOA shall become fixtures of the building and be owned solely by the PPD, and the FBI shall have no interest in the modifications or equipment. In the event of termination, all fixtures shall remain on the premises and under the control of the PPD. D. Network Access and Information Technology Costs The FBI will be responsible for providing and maintaining its own computers system, routers, firewall, switches, hubs,as well as computers, laptops, other Central Processing Units(CPUs), monitors, keyboards, printers, and other similar technological equipment. The FBI will also be responsible for all costs associated with its use of secured data communication lines. E. Telecommunication Services The PPD will provide voice and data telecommunication services with access to local and long- distance services, which will be paid for by the PPD. The FBI shall be responsible for installation and maintenance of any secure lines that are required, to be paid for in their entirety by the FBI. F. Facility Entrance and Facility Security The FBI will comply with PPD security measures when entering and exiting the building. The FBI will be issued general building keys and appropriate proximity card access in order to access the space after hours at no cost to the FBI. If the FBI requires any replacement keys or replacement locks, it will be responsible for the cost. Parking spaces, power, lighting, fire protection, heating, ventilation, air conditioning,janitorial services, preventative maintenance, building maintenance,general maintenance and repair at the PPD shall be furnished by the PPD. For purpose of this agreement, "PPD security measures" shall mean that the FBI: (1)will not share a proximity card assigned to any FBI personnel with any third party,(2)will promptly report the loss of any proximity card to appropriate PPD staff so that it can be deactivated to prevent unauthorized access;(3) will not access restricted areas of the building to which FBI personnel have not been granted permission to access; (4)will not allow third parties to enter or otherwise access any parts of the building unless needed for a legitimate business purpose; and (5)will act reasonably to maintain the security of the building, including ensuring that doors are closed and locked after they enter or exit the building. G. Common Use Facilities FBI personnel may use break rooms and restrooms outside of the FBI space. FBI personnel may use conference rooms outside of FBI space, when available, provided PPD personnel have priority to use such conference rooms in the event of a conflict. H. Files and Records FBI staff will maintain their own files and records and secure them accordingly. I. Maintenance and Repairs The PPD will be responsible for all standard maintenance within its facility. The PPD agrees to maintain the space in a manner that complies with State and Federal environmental regulations and laws. If the space occupied by the FBI is deemed unusable by either party for any reason,then the PPD and the FBI agree to meet to discuss the necessary repairs to restore the space occupied by the FBI to a usable condition. If no agreement can be reached,the FBI may either correct the deficiencies by making minor repairs(provided that such minor repairs shall be done in a manner acceptable to the PPD)at its own expense, or terminate this MOA upon thirty (30)days prior written notice to the PPD. If emergency repairs are needed,the PPD may execute repairs necessary to mitigate the emergency and will coordinate with the FBI to ensure proper protocols are met. If a renovation or alteration to the FBI space is required to ensure that the FBI space is in compliance with Federal, State, and local laws and regulations,the renovation or alteration shall be at the FBI's own expense and the construction shall be in accordance with plans and specifications approved prior to such renovation or alteration by the PPD. However, if the renovation or alteration to the FBI space is necessitated by modifications to the facility(i.e., new building wiring, plumbing, ventilation,etc.), the expense for required FBI space alterations shall be borne by the PPD. Prior to any modification directly to the space occupied by the FBI,or affecting the space occupied by the FBI, advanced written notice of the modification shall be provided by the PPD to the authorized representative of the FBI. J. Liability The parties agree that each party will be responsible for the negligent and wrongful acts and omissions by its personnel. For the FBI, suit for damages based on the negligence are processed pursuant to the Federal Tort Claims Act(FTCA), Title 28, United States Code, Sections 1346 and 2671 et seq. The Parties agree that should a claim arise under the terms and conditions of the FTCA for the negligent and wrongful omission by the FBI, the FBI shall be responsible for the investigation and disposition of said claim. The PPD agrees to notify the FBI of any administrative claim arising out of an activity conducted pursuant to this MOA. Nothing in this paragraph prevents any party from conducting an independent administrative review of the incident giving rise to the claim; however, final disposition of the claim will be handled as provided herein. The FBI agrees, at all times,to repair or replace any damage to any real or personal property of the PPD occurring while the space is under the control and use of the FBI. PPD shall be responsible for any loss of property or equipment due to negligent or intentional acts or omissions of PPD personnel. Both parties agree to cooperate fully with one another in the event of an official investigation arising from alleged negligence or misconduct arising from any incidents related to the construction, occupancy and use of the space occupied by the FBI. K. Non-Discrimination The Parties shall comply with Executive Order 2009-09, which mandates that all persons, regardless of race, color, religion, sex, age, national origin or political affiliation, shall have equal access to employment opportunities, and all other applicable State and Federal employment laws, rules, and regulations, including the Americans with Disabilities Act. The Parties shall take affirmative action to ensure that applicants for employment and employees are not discriminated against due to race, creed, color, religion, sex, national origin or disability. Both parties agree that all construction and improvements pertaining to the FBI space shall be in compliance with the Americans with Disabilities Act of 1990(42 U.S.C. §12101, et seq.)and any and all other applicable federal, state, and local laws regarding accessibility for persons with disabilities (collectively "the ADA"). L. Settlement of Disputes Disagreements between the Parties arising under or relating to this MOA will be resolved only by consultation between the Parties and will not be referred to a local, state, or federal court. If an issue or controversy arises that is related to this agreement which issue or controversy cannot be amicably resolved by the parties, upon the mutual agreement of authorized officials of the respective parties, the Parties may agree to engage in any alternative dispute resolution procedures authorized by their statutes,regulations, and court rules including 5 U.S.C. 575. M. Points of Contact The FBI Denver Division and the PPD will assign points of contact(POC) for this MOA. The Parties agree to coordinate access,safety issues, financial matters, and any other issues that might arise through their designated POC. The FBI Denver Division POC will be A/SSA Jon Cronan(303-633- 3852)and the PPD POC will be Brett Wilson (719-553-2572). N. Duration and Modification of this MOA The term of this MOA is five(5)years from the date on which it is executed by authorized representatives of both parties,during which FBI personnel may operate in the PPD's agreed upon space. Unless terminated,the parties may extend this MOA prior to expiration by signing an addendum indicating a desire to extend this MOA and describing the extension terms. The MOA may be terminated at any time upon written mutual consent of the Parties,or at the request of an individual party. Both Parties agree that the party requesting the termination of the MOA will give a 30 day written notice to the other party of its intent to terminate. Within that 30 day period both Parties will meet to discuss and resolve any logistical, financial, or jurisdictional matters associated with the dissolution of the MOA and the removal of FBI personnel from the PPD space. Unless otherwise agreed upon in writing, the FBI shall restore the space to its present condition, normal wear and tear excepted. Any modification of the MOA shall have no force or effect, unless and until it is reduced to writing and signed by authorized representatives of parties hereto. O. Force and Effect This MOA, which consists of eighteen(18)sections,on six(6) pages, will enter into effect upon the signatures of all parties and remain in effect until terminated as described herein. This MOA supersedes all written and oral proposals and other communications between the Parties. All activities of the Parties under this MOA will be carried out in accordance with terms and conditions of the MOA.This MOA is the complete and exclusive statement of agreement between the Parties with respect to the responsibilities of the Parties concerning the reimbursement of expenses to the PPD for occupancy of the footprint of the FBI space. Nothing in this MOA is intended to create nor does it create enforceable legal right or private right of action. The foregoing represents the Agreements reached between the FBI and the PPD upon the matters referred to herein. P. Effective Date This agreement shall become effective upon signature by both parties. FOR THE FE 1 ERAL BUREAU OF INVESTIGATION Signature: r y Date: 0//1 51747/ Dean Phillips Special Agent in Charge Federal Bureau of Investigations Denver Division Q/ Signature: t, �,, Date: 1`x/'41- 11 Melissa Cordova Regional Contracting Officer FBIHQ, Washington, DC APPROVED AS TO FORM& AUTHORITY: Signature: mer STU., �. S It Date: /-1 -11 Assistant Attorney eneral / FOR THE CIT OF ' . BLO Signature: l4I4Date: Di f 1 1 Dennis E. Flores City Council President City of Pueblo ATTEST.�Signature (Lt_/YVUE) Date: 0-4 Brenda Armijo C' Acting City Clerk City of Pueblo APPROVED AS TO FORM & AUTHORITY: Signature: >Q/Ki.x.' � K 0714424‘11< Date: I - 16 - 0 City Attorney