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Home My WebLink About07941ORDINANCE NO. 7941 AN ORDINANCE APPROVING A STATE AND LOCAL TASK FORCE INTER - GOVERNMENTAL AGREEMENT BETWEEN THE UNITED STATES DEPARTMENT OF JUSTICE, DRUG ENFORCEMENT ADMINISTRATION, AND THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL 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, the United States Department of Justice, Drug Enforcement Administration has tendered a "State And Local Task Force Intergovernmental Agreement" (Agreement) relating to personnel deployment; 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 between the City of Pueblo, a Municipal Corporation, and the United States Department of Justice, Drug Enforcement Administration, dated October 1, 2008 assigning four Police Department officers to the Colorado Springs Task Force, a true copy of which is attached hereto, having been approved as to form by the City Attorney, is hereby approved. SECTION 2. The President of the City Council is hereby authorized to execute the Agreement on behalf of Pueblo, a Municipal Corporation. INTRODUCED November 24, 2008 BY Vera Ortegon Councilperson PRt A :s r) a { C E PASSED AND APPROVED: December 8, 2008 L.3 Background Paper for Proposed ORDINANCE AGENDA ITEM # 30 DATE: NOVEMBER 24, 2008 DEPARTMENT: POLICE DEPARTMENT CHIEF JAMES W. BILLINGS, JR. 1111111114 AN ORDINANCE APPROVING A STATE AND LOCAL TASK FORCE INTER- GOVERNMENTAL AGREEMENT BETWEEN THE UNITED STATES DEPARTMENT OF JUSTICE, DRUG ENFORCEMENT ADMINISTRATION, AND THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME ISSUE Approving the Agreement assigning Pueblo Police Department officers to the DEA Task Force. RECOMMENDATION The department recommends approval of this resolution. 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 people of Colorado. This agreement authorizes the assignment of four officers to the Drug Task Force for two years, in an effort to disrupt the illicit drug traffic in the area. FINANCIAL IMPACT 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. Overtime expenses for the regularly assigned officers to the Task Force are paid by the DEA. No other overtime is involved. STATE AND LOCAL TASK FORCE AGREEMENT This agreement is made on September 30, 2008, between the United States Department of Justice, Drug Enforcement Administration (hereinafter "DEA "), and the City of Pueblo, a Municipal Corporation, for and on behalf of the Pueblo Police Department (hereinafter "PPD "). 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 (RO) 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 RO Task Force, the PPD agrees to detail four (4) experienced officer(s) to the Colorado Springs RO 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 Officer(s) of DEA pursuant to 21 U.S.C. 878. 5. To accomplish the objectives of the Colorado Springs RO Task Force, DEA will assign four (4) Special Agents to the Colorado Springs RO 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. 6. During the period of assignment to the Colorado Springs RO Task Force, the PPD will remain responsible for establishing the salary and benefits, including overtime, of the officer(s) 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 RO 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 $16,328.75), per officer. 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 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 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 from the date of signature by representatives of both parties to September 30, 2009. This agreement may be terminated by either party on thirty 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 PPD during the term of this agreement. For the Grnforce ent Administration: — A — ; Z. � a � Jeffrey D. Sweetin Date: Special Agent in Charge For the Pueblo Police Department: ames W. Billings Chief of Police For the Pueblo City Council: Barbara Vidmar President /a - )3 - OF Date: December 8, 2008 Date: