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HomeMy WebLinkAbout11276Docusign Envelope ID: 805A7FC4-0111-8449-82DA-OOEAD6EODB31 ORDINANCE NO. 11276 AN ORDINANCE APPROVING A STATE AND LOCAL LAW ENFORCEMENT AGENCY MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF PUEBLO, A COLORADO MUNICIPAL CORPORATION, AND THE UNITED STATES DEPARTMENT OF JUSTICE, DRUG ENFORCEMENT ADMINISTRATION, RELATING TO THE ASSIGNMENT OF PUEBLO POLICE OFFICERS TO THE DEA ROCKY MOUNTAIN FIELD DIVISION TASK FORCE, AND AUTHORIZING THE MAYOR 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, 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 State and Local Law Enforcement Agency Memorandum of Agreement ("Agreement") between Pueblo and the United States Department of Justice, Drug Enforcement Administration, dated October 1, 2026, a copy of which is attached hereto, having been approved as to form by the City Attorney, is hereby approved. SECTION 2. The Mayor is authorized to execute the Agreement in the name of the City, and the City Clerk is directed to 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 intent of this Ordinance and the attached Agreement to effectuate the policies and procedures described therein. 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 September 14, 2026. Final adoption of Ordinance by City Council on September 28, 2026. DocuSignedby: au . President of City Council Docusign Envelope ID: 805A7FC4-0111-8449-82DA-OOEAD6EODB31 Action by the Mayor: ❑ Approved on ❑ Disapproved on 09/30/2026 based on the following objections: 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 Mayor ❑ Council action on failed to override the Mayor's veto. President of City Council ATTEST 1.Docusigned by: F4f +4 ... City Clerk Docusign Envelope ID: 805A7FC4-0111-8449-82DA-OOEAD6EODB31 City Clerk's Office Item # S4 Ciify of PUEBLO m;µ ...w Background Paper for Proposed Ordinance COUNCIL MEETING DATE: September 28, 2026 TO: President Mark Aliff and Members of City Council CC: Mayor Heather Graham VIA: Clyde Bishop, City Clerk FROM: Chris Noeller, Chief of Police SUBJECT: AN ORDINANCE APPROVING A STATE AND LOCAL LAW ENFORCEMENT AGENCY MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF PUEBLO, A COLORADO MUNICIPAL CORPORATION, AND THE UNITED STATES DEPARTMENT OF JUSTICE, DRUG ENFORCEMENT ADMINISTRATION, RELATING TO THE ASSIGNMENT OF PUEBLO POLICE OFFICERS TO THE DEA ROCKY MOUNTAIN FIELD DIVISION TASK FORCE, AND AUTHORIZING THE MAYOR TO EXECUTE SAME SIIMMORY. Attached is an Ordinance approving a State and Local Law Enforcement Agency Memorandum of Agreement between Pueblo and the United States Department of Justice, Drug Enforcement Administration (DEA), dated October 1, 2026. The agreement assigns three (3) Pueblo Police Department officers to the DEA Rocky Mountain Field Division Task Force as Program -Funded Task Force Officers for a five- year term ending September 30, 2031. PREVIOUS COUNCIL ACTION: On February 27, 2023, Pueblo City Council adopted Ordinance number 10397, which approved a Cooperative Agreement dated October 1, 2022 between the DEA and Pueblo assigning four (4) Pueblo Police Department officers to the Colorado Springs Resident Office Task Force. That agreement expires September 30, 2026. City Council has approved similar agreements with the DEA in prior years. BACKGROUND: This Ordinance authorizes the continuation of the Pueblo Police Department's partnership with the DEA. Trafficking in narcotics, dangerous drugs, controlled - substance pharmaceuticals, and listed chemicals in the Mountain West Region has a substantial and detrimental effect on the health and general welfare of the citizens of Pueblo and Colorado. The Agreement assigns three (3) Pueblo Police Department Docusign Envelope ID: 805A7FC4-0111-8449-82DA-OOEAD6EODB31 officers to the DEA Rocky Mountain Field Division Task Force for a period of not less than two years, during which those officers will be under the direct supervision of DEA supervisory personnel and will be deputized as Task Force Officers pursuant to 21 U.S.C. § 878. The Agreement establishes three additional funding categories (SPEAR Fee Funded, HIDTA Funded, and DEA Provisional), each with zero Pueblo Police Department positions assigned. The Agreement further requires compliance with Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, and federal certifications regarding lobbying (28 C.F.R. Part 69), debarment and suspension (2 C.F.R. Part 2867), and drug -free workplace (28 C.F.R. Part 83). The Agreement obligates Pueblo to maintain records and permit federal audit for a period of six (6) years after termination. The term of the Agreement runs from October 1, 2026, through September 30, 2031. Either party may terminate on thirty (30) days' advance written notice. FINANCIAL IMPLICATIONS: There is no direct financial impact to Pueblo. Salaries and benefits for the officers assigned to the Task Force are already included in the Police Department's budget. The DEA will reimburse Pueblo for Task Force Officer overtime, subject to availability of federal funds and capped at the equivalent of 25% of the annual salary of a GS -12, step 1 employee on the general pay scale for the rest of the United States. Overtime billing under the new Agreement is monthly on a fiscal year basis, a change from the quarterly billing cycle of the 2022 Agreement. In no event will Pueblo charge an indirect cost rate to the DEA for administration of the Agreement. BOARD/COMMISSION RECOMMENDATION: Not applicable to this Ordinance. STAKEHOLDER PROCESS: None. ALTERNATIVES: City Council may disapprove of the Agreement. If disapproved, the Pueblo Police Department's participation in the DEA Rocky Mountain Field Division Task Force will end on September 30, 2026, when the Agreement approved by Ordinance No. 10397 expires, and the three Program -Funded Task Force Officer positions in the Colorado Springs Resident Office will be lost. RECOMMENDATION: Approval of the Ordinance. ATTACHMENTS: None