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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 10/19/2021 - RESOLUTION 2021-096 APPROVING AN INTERGOVERNMENTAL Agenda Item 12 Item # 12 Page 1 AGENDA ITEM SUMMARY October 19, 2021 City Council STAFF Jerrod Kinsman, Police Lieutenant Adam Stephens, Legal SUBJECT Resolution 2021-096 Approving an Intergovernmental Agreement Between the City of Fort Collins and the United States Drug Enforcement Administration to Staff an Anti-Narcotics Trafficking Taskforce. EXECUTIVE SUMMARY The purpose of this item is to obtain approval for an Intergovernmental Agreement between the City and the United States Drug Enforcement Administration (DEA) to station one Fort Collins Police Services (FCPS) police officer with a DEA anti-narcotics trafficking taskforce headquartered in Denver. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION The Denver office of the Drug Enforcement Administration of the United States Department of Justice leads and hosts an anti-narcotics trafficking taskforce specifically named the Organized Crime Drug Enforcement Task Force (OCDETF) Strike Force made up of federal spec ial agents and federally deputized state and local law enforcement partners. Fort Collins Police Services has staffed this taskforce with a fulltime officer for approximately 16 years. The DEA has asked the City to enter into a new agreement to continue t his arrangement. Even though this is a continuing annual agreement, the DEA has asked the City to commit the same specific officer for at least two years to account for the investigative training time required in the first year of an officer’s assignment to the taskforce. The OCDETF Strike Force disrupts the illicit drug traffic in the Mountain West Region area by immobilizing targeted violators and trafficking organizations; gathers and reports intelligence data relating to trafficking in narcotics and dangerous drugs; conducts undercover operations where appropriate; and engages in other traditional methods of investigation so that the OCDETF Strike Force’s activities will result in effective prosecution before the courts of the United States and the State of Colorado. To assist the objectives of the OCDETF Strike Force, FCPS will detail one experienced officer to the OCDETF Strike Force for a period of not less than two years. During this period of assignment, the FCPS officer will be under the direct supervision and control of DEA supervisory personnel assigned to the OCDETF Strike Force. The FCPS officer assigned to the OCDETF Strike Force shall adhere to DEA policies and procedures and shall be deputized as a Task Force Officer of the DEA pursuant to 21 U.S.C. Section 878. During the period of assignment to the OCDETF Strike Force, FCPS will remain responsible for establishing the salary and benefits, including overtime, of the officers assigned to the OCDETF Strike Force, and for making all payments due them. The DEA will, subject to availability of funds, reimburse FCPS for overtime payments. Annual overtime for each state or local law enforcement officer is capped at the equivalent of 25% of a GS-12, Step 1, of the general pay scale for the rest of United States. Reimbursement for all types of Agenda Item 12 Item # 12 Page 2 qualified expenses shall be contingent upon availability of funds and the submission of a proper request for reimbursement which shall be submitted monthly or quarterly on a fiscal year basis. In addition, an authorized officer or employee of the City must execute and return to DEA the OJP Form 4061/6, Certification Regarding Lobbying; Debarment, Suspension and Other Responsibility Matters; and Drug-Free Workplace Requirements. FCPS acknowledges that this agree ment will not take effect and no Federal funds will be awarded to FCPS by the DEA until the completed certification is received. The term of this agreement would be effective from the date of execution until September 30, 2022. This agreement may be terminated by either party on thirty day’s advance written notice. Billing 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 FCPS during the term of this agreement. CITY FINANCIAL IMPACTS This intergovernmental agreement will permit the DEA to supervise and control one Fort Collins Police officer for law enforcement and investigative purposes generally outside of the City of Fort Colli ns. The City will remain responsible for the officer’s salary and benefits, though certain overtime costs and vehicle expenses will be reimbursed by the DEA. An additional financial offset of this agreement is significant civil forfeiture dollars directed to the City by the DEA due to the officer’s participation in investigations throughout Colorado. -1- RESOLUTION 2021-096 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND THE UNITED STATES DRUG ENFORCEMENT ADMINISTRATION TO STAFF AN ANTI-NARCOTICS TRAFFICKING TASKFORCE WHEREAS, the Denver office of the Drug Enforcement Administration of the United States Department of Justice (“DEA”) leads and hosts an anti-narcotics taskforce named the Organized Crime Drug Enforcement Task Force (“OCDETF”) Strike Force made up of federal special agents and federally deputized state and local law enforcement partners (the “Task Force”); and WHEREAS, Fort Collins Police Services (“FCPS”) has staffed this Task Force with a fulltime officer for approximately 16 years; and WHEREAS, the DEA has asked FCPS to execute a new agreement regarding the continuation of this partnership, a copy of which is attached as Exhibit “A” and incorporated herein by reference (the “Intergovernmental Agreement”); and WHEREAS, the Task Force disrupts the illicit drug traffic in the Mountain West Region area by immobilizing targeted violators and trafficking organizations; gathers and reports intelligence data relating to trafficking in narcotics and dangerous drugs; conducts undercover operations where appropriate; and engages in other traditional methods of investigation so that its activities will result in effective prosecution before the courts of the United States and the State of Colorado; and WHEREAS, under the proposed Intergovernmental Agreement, to assist the objectives of the Task Force, FCPS would continue to detail one experienced officer to the Task Force for a period of not less than two years; and WHEREAS, during this period of assignment the FCPS officer would be under the direct supervision and control of DEA supervisory personnel assigned to the Task Force; and WHEREAS, the FCPS officer assigned to the Task Force would be expected to adhere to DEA policies and procedures and be deputized as a Task Force Officer of DEA pursuant to 21 U.S.C. Section 878; and WHEREAS, during the period of assignment to the Task Force, FCPS would remain responsible for establishing the salary and benefits, including overtime, of the officer assigned to the Task Force, and for making all payments due such officer; and WHEREAS, the DEA would, subject to availability of funds, reimburse FCPS for overtime payments, with such annual overtime capped at the equivalent of 25% of a GS-12, Step 1, of the general pay scale for the rest of United States; and -2- WHEREAS, reimbursement by the DEA for all types of qualified expenses would be contingent on availability of funds and the submission by FCPS of proper requests for reimbursement; and WHEREAS, the City is also be required to have an authorized officer or employee execute and return to DEA OJP Form 4061/6, Certification Regarding Lobbying; Debarment, Suspension and Other Responsibility Matters; and Drug-Free Workplace Requirements, a copy of which is attached hereto as Exhibit “B” and incorporated herein by this reference (the “Certification Form”), as no Federal funds will be awarded to FCPS by the DEA until the completed certification is received; and WHEREAS, this continuing annual agreement provides for a two-year commitment of a specific officer to account for the investigative training time required in the first year of an officer’s assignment to the taskforce; and WHEREAS, the Intergovernmental Agreement would be effective when signed and expire on September 30, 2022 but could be terminated by either party on thirty day’s advance written notice. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follow: Section 1. That the City Council hereby makes any and all determinations and findings contained in the recitals set forth above. Section 2. That the City hereby approves the Intergovernmental Agreement between the City of Fort Collins and the Drug Enforcement Administration. Section 3. That the City Council authorizes the Interim City Manager, or their designee, to execute on behalf of the City the Intergovernmental Agreement in substantially the form attached as Exhibit A, and the Certification Form in substantially the form attached as Exhibit B, with such additional or modified terms and conditions as the Interim City Manager may, in consultation with the City Attorney, determine necessary and appropriate to protect the interest of the City of effectuate the purposes of this Resolution. Section 4. That the City Council herby reaffirms the Police Chief’s authority to assign an officer to the Task Force. -3- Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 19th day of October, A.D. 2021. __________________________________ Mayor ATTEST: _____________________________ Interim City Clerk EXHIBIT A EXHIBIT A EXHIBIT A EXHIBIT B EXHIBIT B