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Home My WebLink About10151 ORDINANCE NO. 10151 AN ORDINANCE APPROVING AND ACCEPTING AN AGREEMENT BETWEEN THE CITY OF PUEBLO AND HOMELAND SECURITY INVESTIGATIONS AND THE PUEBLO POLICE DEPARTMENT REGARDING REIMBURSEMENT OF POLICE PERSONNEL OVERTIME AND OTHER EXPENSES ACCRUED WHILE WORKING JOINT OPERATIONS WHEREAS, the City Council of Pueblo has the authority on behalf of the City of Pueblo, including its Police Department, to accept an Agreement with Homeland Security Investigations; and WHEREAS, the Agreement will provide reimbursement for Police overtime and other expenses related to joint operations with Homeland Security Investigations; and WHEREAS, acceptance of the funding for the purposes for which it has been made is in the best interest of the City and will benefit the health, welfare, and safety of the citizens of the City; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Agreement between the City on Pueblo on behalf of the Pueblo Police Department and Homeland Security Investigations to reimburse overtime and other associated expenses by police personnel pertaining to joint operations, a copy of which is attached hereto, having been approved by the City Attorney, is hereby approved. SECTION 2. The Mayor is hereby authorized to execute the Agreement on behalf of the City of Pueblo, and the City Clerk shall affix the Seal of the City thereto and attest same. SECTION 3. The officers and staff of the City are authorized to perform any and all acts consistent with the this Ordinance and the attached Agreement to implement the transactions 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 March 28, 2022 . Final adoption of Ordinance by City Council on April 11, 2022 . President of City Council Action by the Mayor: ☒ Approved on April 12, 2022 . □ 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: March 28, 2022 TO: President Heather Graham and Members of City Council CC: Mayor Nicholas A. Gradisar VIA: Marisa Stoller, City Clerk FROM: Chris Noeller, Chief of Police SUBJECT: AN ORDINANCE APPROVING AND ACCEPTING AN AGREEMENT BETWEEN THE CITY OF PUEBLO AND HOMELAND SECURITY INVESTIGATIONS REGARDING REIMBURSEMENT OF POLICE PERSONNEL OVERTIME AND OTHER EXPENSES ACCRUED WHILE WORKING JOINT OPERATIONS SUMMARY: Homeland Security Investigations has provided an agreement to the Pueblo Police Department regarding Federal reimbursement of overtime and associated expenses incurred by police personnel as a result of working joint operations. During these joint operations, such as Operation Predator, persons soliciting or pandering child prostitution are targeted and arrested diminishing human trafficking opportunities. PREVIOUS COUNCIL ACTION: There is no current or past Agreement or Memorandum of Understanding between Homeland Security Investigations and the City of Pueblo and Pueblo Police Department. BACKGROUND: Joint operations have been conducted with both agencies regarding soliciting and/or pandering child prostitution. During the operation, overtime was accrued by investigators and patrol personnel assigned to investigate or support the operation. Due to the fiscal burden the overtime costs generated place on our agency, Homeland Security Investigations has offered to reimburse these costs through the Federal Treasury Forfeiture Fund. FINANCIAL IMPLICATIONS: Joint operations are typically conducted over a two to three day period operating for twelve to thirteen hours per day. During this time, one Sergeant, five Detectives and three to four patrol personnel will be assigned to investigate or provide support to the operation. Participation in the reimbursement program and approval of the Agreement will significantly decrease the overtime costs and other expenses the Police Department must pay from its regular budget which result from PPD personnel working joint operations. BOARD/COMMISSION RECOMMENDATION: None. STAKEHOLDER PROCESS: There is no stakeholder process required for this grant. ALTERNATIVES: The alternative is to refuse the Agreement leaving the City of Pueblo responsible for all costs associated with conducting joint operations. RECOMMENDATION: Approval of the Ordinance. Attachments: Agreement between the City of Pueblo and Homeland Security Investigations for participation in the Treasury Forfeiture Fund AGREEMENT BETWEEN FEDERAL LAW ENFORCEMENT AGENCY PARTICIPATING IN THE TREASURY FORFEITURE FUND AND STATE OR LOCAL LAW ENFORCEMENT AGENCY FOR THE REIMBURSEMENT OF EXPENSES IN JOINT OPERATIONS This agreement is entered into by the City of Pueblo and its Pueblo Police Department (hereinafter referred to as "State/Local LEA") and the Department of Homeland Security, Immigration & Customs Enforcement, Homeland Security Investigations Denver (HSI), a participant in the Treasury Forfeiture Fund (TFF), (hereinafter referred to as "TFF Agency") for the purpose of receiving reimbursable costs incurred by the State/Local LEA in providing resources to joint operations. Reimbursements may be made to the extent they are included in the TFF Agency's Fiscal Year Financial Plan, and the funds are available within the TFF to satisfy the requests for reimbursement. I. EXECUTION AND TERMINATION OF THIS AGREEMENT This agreement is effective on the date it is signed by both parties. Unless sooner terminated, the initial term of this Agreement shall be until December 31, 2026. Thereafter, this Agreement shall automatically renew for an additional five-year term unless either party provides the other with written notice of its intent not to renew this Agreement at least sixty (60) days prior to the expiration of the initial term. This Agreement may be terminated at any time by a party upon ninety (90) days advance written notice. II. AUTHORITY This agreement is established pursuant to the provisions of 31 U.S.C. 9703 and the Treasury Forfeiture Fund Act of 1992 which provide for the reimbursement of certain expenses of state and local law enforcement agencies (LEAs) incurred as participants in joint operations with federal LEAs participating in the TFF. III. PURPOSE OF THIS AGREEMENT This agreement establishes the procedures and responsibilities of both the State/Local LEA and the TFF Agency for the reimbursement of certain overtime and other expenses pursuant to 31 U.S.C. § 9703. IV. NAME OF TASK FORCE (if applicable) The name of this task force is: [Name of Task Force]. The projected dates of operation are: [Start Date] to [End Date]. TEOAF Directive 18 ATTACHMENT A A-1 V. CONDITIONS AND PROCEDURES A. Compliance with Federal Statutes and Regulations Compliance with 31 U.S.C. § 9703, the Treasury Forfeiture Fund Act of 1992 and TEOAF Directive 18, "Policy for Reimbursements to State and Local Law Enforcement Agencies Involved in Joint Operations with Federal Agencies Participating in the Treasury Forfeiture Fund," is a requirement for this agreement. B. Assignment of State/Local LEA Officers 1. To the maximum extent possible, the State/Local LEA shall assign dedicated officers to the joint operation. 2. Within 10 days of the effective date of this agreement, the State/Local LEA shall provide the TFF Agency with the following information for each officer assigned to the joint operation: a. Name; b. Title, grade, or rank; c. Badge or ID number; and d. Hourly overtime wage rate. C. Requests for Reimbursement of Joint Operation Expenses 1. The State/Local LEA may request reimbursement for payment of overtime expenses directly related to work performed by its officers assigned as members of a joint operation with the TFF Agency for the purpose of conducting official investigations. The State/Local LEA may also request reimbursement of other non-overtime expenses directly related to the joint operation. 2. Within 10 days of the effective date of this agreement, the State/Local LEA shall provide the TFF Agency with the following information for the designated point of contact: a. Name; b. Title; c. Telephone number; and d. Email address. 3. Requests for reimbursement for the payment of overtime and non- overtime expenses to the State/Local LEA must be submitted on the agency's letterhead or the TEOAF form, State or Local Law Enforcement Agency Request for Reimbursement of Joint Operations Expenses (also referred to as the "Request for Reimbursement Form"), along with copies of supporting documents (i.e., payroll records, receipts, invoices, etc.). If TEOAF Directive 18 ATTACHMENT A A-2 on agency letterhead, the request must contain the same information contained in the Request for Reimbursement Form. (See Attachment C of TEOAF Directive 18, "Policy for Reimbursements to State and Local Law Enforcement Agencies Involved in Joint Operations with Federal Agencies Participating in the Treasury Forfeiture Fund," for a copy of the Request for Reimbursement Form.) 4. An authorized representative of the State/Local LEA must sign and certify that the request is for overtime and/or other non-overtime expenses incurred by the agency for participation with the joint operation under this agreement. The State/Local LEA shall also certify that the request has not been made to any other federal LEA that may also be participating with the joint operation. 5. The State/Local LEA acknowledges that the agency remains fully responsible for its obligations as the employer of the officers assigned to the joint operation and is responsible for the payment of overtime earnings, withholdings, insurance coverage, and all other requirements by law, regulation, ordinance, or contract regardless of the reimbursable overtime charges incurred. 6. The State/Local LEA shall submit all Request for Reimbursement Forms, together with the required supporting documentation, to the TFF Agency, Attention: CBP National Finance Center, Attn: Forfeiture Fund, 6650 Telecom Dr., Indianapolis, IN 46278. 7. All requests for reimbursement of costs incurred by the State/Local LEA must be approved and certified by the TFF Agency. The TFF Agency shall countersign the Request for Reimbursement Forms. 8. The maximum reimbursement for overtime worked on behalf of the joint operation under this agreement is set at $15,000 per officer per fiscal year. D. Program Audit This agreement and its procedures are subject to audit by the Treasury Executive Office for Asset Forfeiture (TEOAF), the TFF Agency, the Department of the Treasury Office of Inspector General, the General Accounting Office, and any other government-designated auditing organization. The State/Local LEA agrees to permit such audits and agrees to maintain all records relating to these transactions for a period of not less than three years; and in the event of an on- going audit, until the audit is completed. TEOAF Directive 18 ATTACHMENT A A-3 These audits may include reviews of any and all records, documents, reports, accounts, invoices, receipts or expenditures relating to this agreement; as well as the interview of any and all personnel involved in these transactions. E. Revisions The terms of this agreement may be amended upon the written approval of both the State/Local LEA and the TFF Agency. The revision becomes effective upon the date of approval. F. No Private Right Created This is an agreement between a federal LEA and a state or local LEA and is not intended to confer any right or benefit to any private person or party. Nicholas Gradisar Ryan L. Spradlin Mayor of the City of Pueblo Special Agent in Charge/HSI 5/3/22 5/4/22 Date: Date: Attest: Marisa Stoller [Name/Title] City Clerk [Name of TFF Aaencv Headquarters Office] Date: jSEALT TEOAF Directive 18 ATTACHMENT A A-4