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HomeMy WebLinkAbout06991ORDINANCE NO. 6991 AN ORDINANCE APPROVING AN AGREEMENT WITH THE UNITED STATES DRUG ENFORCEMENT ADMINISTRATION AND APPROPRIATING $23,400.00 FOR EXPENSES ASSOCIATED WITH HIRING A TEMPORARY EMPLOYEE FOR THE SOUTHERN COLORADO DRUG TASK FORCE BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The State and Local Task Force Agreement dated March 1, 2003 between the City of Pueblo Police Department and the United States Department of Justice, Drug Enforcement Administration, a true copy of which is attached hereto and incorporated herein, is hereby approved. SECTION 2. Funds in the amount of $23,400.00 are hereby appropriated to pay the expenses associated with the cost of hiring a temporary employee to serve the Southern Colorado Drug Task Force. INTRODUCED Aoril 28, 2003 BY AI Gurule Councilperson APPROVED: President of City Council ATTEST: City rk PASSED AND APPROVED May 12. 2003 ED ID CD Background Paper for Proposed ORDINANCE AGENDA ITEM # / S DATE: APRIL 28, 2003 DEPARTMENT: POLICE DEPARTMENT JAMES W. BILLINGS, JR. CHIEF OF POLICE TITLE AN ORDINANCE APPROVING AN AGREEMENT WITH THE UNITED STATES DRUG ENFORCEMENT ADMINISTRATION AND APPROPRIATING $23,400.00 FOR EXPENSES ASSOCIATED WITH HIRING A TEMPORARY EMPLOYEE FOR THE SOUTHERN COLORADO DRUG TASK FORCE ISSUE The City of Pueblo is a participant in the Southern Colorado Drug Task Force, which is headed by the United States Drug Enforcement Administration. Funds have been made available to reimburse the City of Pueblo for the cost of hiring a temporary employee to perform clerical and other related duties in support of the Task Force activities. This ordinance appropriates the funds to pay for the temporary employee. Expenses will be reimbursed to the City on a quarterly basis. RECOMMENDATION The Pueblo Police Department recommends approval of this ordinance. The additional help will be of great benefit to the Pueblo Police Department's Narcotic's Unit and the Southern Colorado Drug Task Force, which operates predominantly in Pueblo. FINANCIAL IMPACT There is no financial impact to the City. All costs associated with the temporary position will be fully reimbursed. STATE AND LOCAL TASK FORCE AGREEMENT This agreement is entered into as of the I" day of March 2003, between the United States Department of Justice, Drug Enforcement Administration (hereinafter 'IDEA ") and the City of Pueblo, Colorado acting by and through the Pueblo Police Department (Pueblo PD). 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 Southern Colorado Drug Task Force (SCDTF) will perform the activities and duties described below: a. disrupt the illicit drug traffic in Southern Colorado 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 assist in accomplishing the objectives of the SCDTF, City will hire a temporary part-time employee assigned to the Pueblo PD to perform services as secretary to the SCDTF ( "Secretary"). The Secretary shall be under the control of the Chief of Pueblo PD but subject to the supervision of the DEA supervisory personnel assigned to the SCDTF. 3.a. The Secretary will be an employee of the Pueblo PD and subject to all the terms and conditions applicable to Pueblo PD employees. The Pueblo PD will be responsible for paying the Secretary salary and benefits, if any. During the period of assignment to the SCDTF, the Pueblo PD will remain responsible for establishing the salary and benefits of the Secretary and for making all payments due her. b. Subject to the availability of annually appropriated HIDTA funds, or any continuing resolution thereof, DEA will reimburse the Pueblo PD the actual costs associated with the payment of the salary and benefits for the Secretary at a rate not greater than the U.S. Office of Personnel Management, Salary Table for General Schedule (GS) level 6, step 1, (currently $25,344.00) plus benefits, if any, not to be greater than $6,336.00 and not exceeding a total of $31,680.00 per year. I 4. In no event will the Pueblo PD charge any indirect cost rate for the administration or implementation of this agreement. 5. The Secretary shall adhere to DEA policies and procedures. Failure to adhere to DEA policies and procedures shall be grounds for dismissal from the SCDTF. The Secretary shall also remain subject to the policies, procedures, and regulations of the Pueblo PD. Any conflict between DEA policies and procedures and those of the Pueblo PD shall be resolved by the DEA Special Agent in Charge or his designee, and the chief law enforcement officer of the Pueblo PD, or his designee. 6. The DEA will support the task force by providing DEA special agents, office space, office supplies, travel funds, training and other support items. 7. During the period the Secretary is assigned to the SCDTF, the City will pay the salary and benefits package, if any, for the period of this agreement. The Secretary shall be deemed an employee of the Pueblo PD and shall be subject to all terms and conditions as other applicable Pueblo PD employees. The DEA will reimburse the Pueblo PD for the Secretary's salary and benefits, if any, in accordance with paragraph 3 of this agreement. 8. The Pueblo PD 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 Pueblo PD 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 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 Pueblo PD shall comply with Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act (as incorporated in the Civil Rights Act of 1991) and all requirements imposed or pursuant to the regulations of the United States Department of Justice implementing those laws, 28 C.F.V. Part 42 Subparts C. D, and F. 11. The Pueblo PD 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 Pueblo PD acknowledges that this agreement will not take effect and no Federal funds will be awarded to the Pueblo PD until the completed certification is received. (Referenced completed form on file with DEA) 7CT -30 -2003 10:18 FROM: 3037057432 TO:BP7195532479 P:3 12. The term of this agreement shall he from the date of signature by representatives of both parties to September 30, 2003 and may be extended by mutual consent of all the parties. 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 the Pueblo PD during the terns of this agreement. 13. Notwithstanding any provision of this agreement to the contrary, no term, condition, or provision of this agreement shall be construed or interpreted as a waiver, express or implied, by City or Pueblo PD of any of the immunities, rights, benefits, or other provisions of the Colorado Governmental Immunity Act, section 24 -10 -101, et seq., C.R.S. 14. All enforcement of the terms and conditions of this agreement, and all rights of action related to such enforcement, are reserved to the parties hereto. Therefore, no third party shall have any rights to benefits under, or enforcement of this agreement. 15. Financial obligations of the City payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. For the Drug Enforcement Administration: Jeffrey D. Sweetin. Special Agent in Charge For the Pueblo Police Department: ames W. Billings, Jr- Chief of Police For the City of Pueblo: Date: Date: /1 Date 15 - 2CO Dr. Bill Sova President of the City Council