HomeMy WebLinkAbout08073ORDINANCE NO. 8073
AN ORDINANCE APPROVING AN AGREEMENT
BETWEEN THE U.S. DEPARTMENT OF JUSTICE, DRUG
ENFORCEMENT ADMINISTRATION AND THE CITY OF
PUEBLO. A MUNICIPAL CORPORATION
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The Agreement between the U.S. Department of Justice, Drug Enforcement
Administration ( "DEA ") and the City of Pueblo, a Municipal Corporation, dated
September 30, 2009 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: September 14, 2009
BY: Michael Occhiato
COUNCILPERSON
APPR D' } �-
PRESIDENTaf Cfty Council
A77TSTED DY:
CITY CLERK
PASSED AND APPROVED: September 28, 2009
L L)
Background Paper for Proposed
ORDINANCE
AGENDA ITEM # R -6
DATE: SEPTEMBER 14, 2009
DEPARTMENT: POLICE DEPARTMENT
CHIEF JAMES W. BILLINGS, JR.
TITLE
AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE U.S. DEPARTMENT OF
JUSTICE, DRUG ENFORCEMENT ADMINISTRATION AND THE CITY OF PUEBLO, A
MUNICIPAL CORPORATION
ISSUE
To approve the Agreement assigning Pueblo Police Department officers to the DEA Task
Force.
RECOMMENDATION
The department recommends approval of this ordinance.
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.
Appendix D
STATE AND LOCAL TASK FORCE AGREEMENT
This agreement is made on September 30, 2009, between the United States Department of
Justice, Drug Enforcement Administration (hereinafter "DEA"), and the City of Pueblo, a
Municipal Corporation (hereinafter "City ") acting for and on behalf of its 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:
In accordance with all laws and constitutional requirements, the Task Force of the
Colorado Springs Resident Office of the DEA (hereinafter "Task Force') will perform the
activities and duties described below:
a. disrupt the illicit drug trafficking 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 Resident Office, the PPD agrees
to detail four (4) experienced officers to the Colorado Springs Resident Office for a
period of not less than two years. During this period of assignment, the PPD officers will
be under the direct supervision and control of DEA supervisory personnel assigned to
the Task Force.
3. The PPD officers 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 officers assigned to the Task Force shall be deputized as Task Force Officers
of DEA pursuant to 21 U.S.C. 878.
5. To accomplish the objectives of the Colorado Springs Resident Office, DEA will assign
three (3) 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 Agents and officers
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 Resident Office, 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 payments made by it to
PPD officers assigned to the Colorado Springs Resident Office for overtime, up to a sum
equivalent to 25 percent of the salary of a GS -12, step 1 (RUS) Federal employee
(currently $16,903.25), 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.S. 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 406116, 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. Assets seized during Task Force investigations will be forfeited pursuant to an
appropriate Federal forfeiture statute. Forfeited assets will be shared equitably among
the parties to this Agreement in accordance with the Attorney General's Guidelines on
Seized and Forfeited Property. All parties to this Agreement acknowledge, however,
that the disposition of assets forfeited under Federal law is within the discretionary
authority of the Department of Justice.
14. The term of this agreement shall be from the date of signature by representatives of both
parties to September 30, 2010. 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 PPD during the term of this agreement.
R
15. The individuals signing this Agreement each represent and warrant that they have lawful
authority to enter into this Agreement on behalf of their respective party and to bind said
party to the terms hereof.
16. Financial obligations of the City, arising under this Agreement which are payable after
the City's current fiscal year are contingent upon funds for that purpose after being
appropriated, budgeted, and otherwise available.
For the Pueblo Police Department:
wi
James W. Billings, Jr.
Chief of Police
Pueblo Police Department
7
For the City of Pueblo:
Vera Ortegon
President of the City Council
City of Pueblo
Special Agent in Charge