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
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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)
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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