HomeMy WebLinkAbout09787ORDINANCE NO. 9787
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 PRESIDENT OF CITY
COUNCIL AND 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, 2020 between the U.S. Department of Justice, Drug
Enforcement Administration (DEA) the City of Pueblo 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 President of City Council and the Mayor are 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 28, 2020.
Final adoption of Ordinance by City Council on October 13, 2020 .
President of City Council
Action by the Mayor:
☒ Approved on October 15, 2020 .
☐ 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-2
Background Paper for Proposed
ORDINANCE
COUNCIL MEETING DATE: September 28, 2020
TO: President Dennis E. Flores and Members of City Council
CC: Nicholas Gradisar, Mayor
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 PRESIDENT OF CITY COUNCIL AND 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, 2021.
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, 2020, between the United States Department of
Justice, Drug Enforcement Administration (hereinafter"DEA"), and the City of Pueblo and its
Police Department, ORI#C005I O100(hereinafter "PPD"). The DEA is authorized to enter into
this cooperative agreement concerning the use and abuse of controlled substances under the
provisions 01 21 U.S.C. § 873.
WHEREAS there is evidence that trafficking in narcotics and dangerous drugs exists in the
Southern Colorado arca 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:
I. 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;
h. 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 DFA 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 i1.S.C. Section 878.
5. To accomplish the objectives of the Colorado Springs Resident Office Task Force, DEA will
assign eight (8) 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 Agent 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.
6. During the period of assignment to the "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 payment. Annual overtime for each state or local law
enforcement officer is capped at the equivalent of 25% of a GS-12, Step 1, of the general pay
scale for the Rest of United States. Reimbursement for all types of qualified expenses shall
be contingent upon availability of funds and the submission of a proper request for
reimbursement which shall be submitted monthly or quarterly on a fiscal year basis, and
which provides the names of the investigators who incurred overtime for DEA during the
invoiced period, the number of overtime hours incurred, the hourly regular and overtime
rates in effect for each investigator, and the total cost for the invoiced period. Invoices must
be submitted at least quarterly within 10 business days of the end of the invoiced period.
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 oiJustice, 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 six (6) 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 OW 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 he 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 he financed with Federal money and (2) the dollar amount of Federal funds for the
project or program.
13. DEA acknowledges that the United States is liable for the negligent and wrongful acts or
omissions of its agents and employees, including task force officers deputized pursuant to 21
USC 878, while acting within the scope of their employment,to the extent permitted by the
Federal Tort Claims Act 28 USC 1346, 2671-2680. DEA also acknowledges that task force
officers deputized pursuant to 21 USC 878 who are sued in their individual capacity for
actions taken within the scope of their employment may request Department of Justice
representation on the same basis as DEA employees under 28 CFR 50.15.
14. The term of-this agreement shall be effective from the date in paragraph number one until
September 30, 2021. This agreement may he terminated by either party on thirty days'
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 F forcement Administration:
Date:
D anne L. outer
S cial Agent in Charge
For the City of Pueblo at . Pt To .'e De artment:
Date:
Troy Day. port
Chief
I,
----I,fll�'► l,i Date: /0 ' " ',2°021)
Dennis 'lore)
President of City Council
One City Hall Place
Pueblo, CO 81003
-741-0d/eDate: /0 15:AO 020
Nicholas A. Gra ar
Mayor, City of Pueblo
One City I fall Place
Pueblo, CO 81003
U.S.DEPARTMENT OF JUSTICE
i ;; OFFICE OF JUSTICE PROGRAMS
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
As required by Section 1352,Title 31 of the U.S.Code,and public(Federal,State,or local)transaction or contract under a
implemented at 28 CFR Part 69, for persons entering into a public transaction;of mvioe zle of theft,Federal or Stateforgery,antitrust statutes
grant or cooperative agreement over$100,000,as defined at or commission falsification embezzlement, of records,
28 CFR Part 69,the applicant certifies that: bribery,nts, r receiving or destruction uction of making false
statements,or 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;
B.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
As required by Executive Order 12549, Debarment and inform employees about—
Suspension, and implemented at 28 CFR Part 67,for prospec- (1)The dangers of drug abuse in the workplace;
five 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—
A. The applicant certifies that it and its principals: (3)Any available drug counseling,rehabilitation,and employee
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-
tion been convicted of or had a civil judgment rendered against (d)Notifying the employee in the statement required by para-
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 ❑ if the State has elected to complete OJP Form
(f)Taking one of the following actions,within 30 calendar 4061/7.
days of receiving notice under subparagraph(d)(2),with
respect to any employee who is so convicted— DRUG-FREE WORKPLACE
(1)Taking appropriate personnel action against such an (GRANTEES WHO ARE INDIVIDUALS)
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-
mont,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
2.Application Number and/or Project Name 3.Grantee IRS/Vendor Number
Troy D. Davenport, Chief of Police
4.Typed Name and Title of Authorized Represent e
j.
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