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Home My WebLink About09568 ORDINANCE NO. 9568 AN ORDINANCE APPROVING A COOPERATIVE AGREEMENT BETWEEN THE U.S. DEPARTMENT OF JUSTICE DRUG ENFORCEMENT ADMINISTRATION (DEA) AND THE CITY OF PUEBLO RELATING TO THE ASSIGNMENT OF PUEBLO POLICE OFFICERS TO A REGIONAL TASK FORCE TO ASSIST IN THE INVESTIGATION AND DISRUPTION OF DRUG TRAFFICKING CRIMES, AND AUTHORIZING THE MAYOR TO EXECUTE SAME WHEREAS, the City Council of Pueblo has the authority on behalf of the City of Pueblo, including its Police Department, to approve and enter into Agreements; and WHEREAS, approval of the Agreement for the purposes for which it has been made is in the best interest of the City; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Agreement dated October 1, 2019 between the U.S. Department of Justice, Drug Enforcement Administration (DEA) the Pueblo Police Department pertaining to assistance between the government entities to investigate and disrupt drug trafficking crimes, a copy of which is attached hereto, having been approved as to form by the City Attorney, is hereby approved. SECTION 2. The Mayor is authorized to execute the Agreement in the name of the City, and the City Clerk is directed to affix the seal of the City thereto and attest same. SECTION 3. The officers and staff of the City are authorized and directed to perform any and all acts consistent with the intent of this Ordinance and the attached agreement to effectuate the policies and procedures described herein. SECTION 4. This Ordinance shall become effective on the date of final action by the Mayor and City Council. Action by City Council: Introduced and initial adoption of Ordinance by City council on September 23, 2019. Final adoption of Ordinance by City Council on October 15, 2019 . President of City Council Action by the Mayor: ☒ Approved on October 17, 2019 . □ Disapproved on based on the following objections: Mayor Action by City Council After Disapproval by the Mayor : □ Council did not act to override the Mayor’s veto. □ Ordinance re-adopted on a vote of , on □ Council action on failed to override the Mayor’s veto. President of City Council ATTEST City Clerk City Clerk’s Office Item # R-7 Background Paper for Proposed ORDINANCE COUNCIL MEETING DATE: September 23, 2019 TO: President Dennis E. Flores and Members of City Council CC: Mayor Nicholas A. Gradisar VIA: Brenda Armijo, City Clerk FROM: Troy D. Davenport – Chief of Police SUBJECT: AN ORDINANCE APPROVING A COOPERATIVE AGREEMENT BETWEEN THE U.S. DEPARTMENT OF JUSTICE DRUG ENFORCEMENT ADMINISTRATION (DEA) AND THE CITY OF PUEBLO RELATING TO THE ASSIGNMENT OF PUEBLO POLICE OFFICERS TO A REGIONAL TASK FORCE TO ASSIST IN THE INVESTIGATION AND DISRUPTION OF DRUG TRAFFICKING CRIMES, AND AUTHORIZING THE MAYOR TO EXECUTE SAME SUMMARY: Attached is an agreement assigning four (4) Pueblo Police Department officers to the DEA Task Force. PREVIOUS COUNCIL ACTION: City Council has approved the agreement in the past. 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 citizens of Colorado. This agreement authorizes the assignment of four (4) officers to the Drug Task Force until September 30, 2020. FINANCIAL IMPLICATIONS: 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. BOARD/COMMISSION RECOMMENDATION: Not Applicable. STAKEHOLDER PROCESS: None. ALTERNATIVES: Disapprove the agreement. RECOMMENDATION: Approval of the Ordinance. Attachments: PROGRAM – FUNDED STATE AND LOCAL TASK FORCE AGREEMENT PROGRAM- FUNDED STATE AND LOCAL TASK FORCE AGREEMENT This agreement is made this 1St day of October, 2019, between the United States Department of Justice,Drug Enforcement Administration (hereinafter "DEA"), and the City of Pueblo and its Police Department(hereinafter " PPD") ORI#C00510100. The DEA is authorized to enter into this cooperative agreement concerning the use and abuse of controlled substances under the provisions of 21 U.S.C. § 873. 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. The Colorado Springs Resident Office 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 Task Force,the PPD agrees to detail four(4) experienced officer(s) to the Colorado Springs Resident Office Task Force for a period of not less than two years. During this period of assignment,the PPD officer(s) will be under the direct supervision and control of DEA supervisory personnel assigned to the Task Force. 3. The PPD officer(s) 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 officer(s) assigned to the Task Force shall be deputized as Task Force Officers of DEA pursuant to 21 U.S.C. Section 878. 5. To accomplish the objectives of the Colorado Springs Resident Office Task Force, DEA will assign seven(7) Special Agents to the Task Force. DEA will also, subject to the 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 PPD officer(s) 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. Page 1 6. During the period of assignment to the Colorado Springs Resident Office Task Force, 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 officer(s) assigned to the Colorado Springs Resident Office Task Force for overtime, up to a sum equivalent to 25 percent of the salary of a GS-12, step 1, (RUS) Federal employee(currently $18,649.00), per officer. Note: Task Force Officer's overtime "shall not include any costs for benefits, such as retirement, FICA, and other expenses." 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 litigation, claim, audits and examinations are completed and resolved, or for a period of three (3)years after termination of this agreement, whichever is later. 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.The term of this agreement shall be effective from the date in paragraph number one until September 30, 2020. This agreement may be terminated by either party on thirty days' Page 2 advance written notice. Billing 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. For the Drug Enfor -ment Administration: i LILA AIS1J�1. Date: / 'I ((��,,,� Wi'�iam T. ermott SNI' Special Agent in Charge For the City of Pueblo and Pueb o ' .lice De.artment: `/ Date: /—/ 7-1 Troy D. Dae sort Chief of Police 7%044/ 6Co‘e1;1Date: /a-1 V�9 Nicholas A. Gradisar Mayor, City of Pueblo 1 City Hall Place Pueblo, CO 81003 Page 3