HomeMy WebLinkAbout2021-096-10/19/2021-APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND THE UNITED STATES DRUG 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 payscale for the rest of United States; and
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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
andOther 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.
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Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 19th
day of October, A.D. 2021.
Mayo
ATTEST:
: mare,
Interim City ClerkRo
SEAL
C��OitA�O
EXHIBIT A
PROGRAM-FUNDED STATE AND LOCAL TASK FORCE AGREEMENT
This agreement is made this l st day of October,2021,between the United States Department of
Justice,Drug Enforcement Administration(hereinafter"DEA"),and the City of Fort Collins
Police Services,ORI#CO0350300(hereinafter"FOPS"). The DEA is authorized to enter into
this cooperative agreement concerning the use and abuse of controlled substances under the
provisions of 21 U.S.C. § 873.
WHEREAS there is evidence that trafficking in narcotics and dangerous drugs exists in the
Mount gin Wral ftaion 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 OCDETF Strike Force Task Force will perform the activities and duties described
below:
a. disrupt the illicit drug traffic in the Mountain West Region 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 OCDETF Strike Force Task Force,the FCPS agrees to
detail one(I)experienced officer(s)to the OCDETF Strike Force Task Force for a period of
not less than two years. During this period of assignment,the FCPS officer(s)will be under
the direct supervision and control of DEA supervisory personnel assigned to the Task Force.
3. The FCPS 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 FCPS officer(s)assigned to the Task Force shall be deputized as Task Force Officers of
DEA pursuant to 21 U.S.C.Section 878.
S. To accomplish the objectives of the OCDETF Strike Force Task Force,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 Agent and FCPS 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.
EXHIBIT A
6. During the period of assignment to the Task Force,the FCES 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 FCPS for overtime payment. 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 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,and
which provides the names of the investigators who incurred overtime for DEA during the
invoiced period,the number of overtime hours incurred,the hourly regular and overtime
rates in effect for each investigator,and the total cost for the invoiced period. Invoices must
be submitted at least quarterly within 10 business days of the end of the invoiced period.
Note: Task Force Officer's overtime"shall not include any costs for benefits,such as
retirement,FICA,and other expenses."
7. In no event will the FCPI charge any indirect cost rate to DEA for the administration or
implementation of this agreement.
8. The FOPS 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 FCPS 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 FCPS shall maintain all
such reports and records until all litigation,claim,audits and examinations are completed and
resolved,or for a period of six(6)years after termination of this agreement,whichever is
later.
10.The FCPS 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 LCPS agrees that an authorized officer or employee will execute and return to DEA the
attached ON Form 4061."6,Certification Regarding Lobbying;Debarment, Suspension and
Other Responsibility Matters;and Drug-Free Workplace Requirements. The FCPS
acknowledges that this agreement will not take effect and no Federal funds will be awarded
to the FCPS 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 FCPS shall clearly state(1)the percentage of the total cost of the program or project
EXHIBIT A
which will be financed with Federal money and(2)the dollar amount of Federal €ands for the
project or program.
13.The term of this agreement shall be effective from the date in paragraph number one until
September 30,2022. This agreement may be terminated by either party on thirty days'
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.
For the Drug Enforcement Administration.
Date:
Deanne L. Reuter
Special Agent in Charge
For the City of Fort Collins Police Services:
Date:
Jeff Swoboda
Chief
EXHIBIT B
U.S.DEPARTMENT OF JUSTICE
OFFICE OF JUSTICE PROGRAMS
OFFICE OF THE COMPTROLLER
CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION AND
OTHER RESPONSIBILITY MATTERS;AND DRUG-FREE WORKPLACE REQUIREMENTS
Applicants should refer to the regulations cited below to determine the certification to which they are required to
attest.Applicants should also review the instructions for certification included in the regulations before completing this
form. Signature of this form provides for compliance with certification requirements under 28 CFR Part 69, 'New
Restrictions on Lobbying'and 28 CFR Part 67. 'Government-wide Debarment and Suspension(Nonpro-curement)and
Government-wide Requirements for Drug-Free Workplace(Grants).'The certifications shall be treated as a material
representation of tact upon which reliance will be placed when the Department of Justice determines to award the
covered transaction, grant,or cooperative agreement.
1. LOBBYING
Section 1352,Tina 31 of the U.S.Code,end public(Federal,State,or local)transaction or contract under a
As required by Sa Implemented at CFR Part Tit far persons.Staring Into a public transaction:violation of Federal or State antitrust statutes
or commission of embezzlement,theft,forgery,
grant or cooperative agreement over 3100,000,as defined at bribery,falsification or destruction of records,making false
28 CFR Part 59,the applicant certifies that: statements,or receiving stolen property;
(a)No Federal appropriated funds have been paid or will be (c)Are not presently Indicted for or otherwise criminally or
paid,by or on behalf of the undersigned,10 any person for in- civilly charged by a governmental entity(Federal,State,or
fluencing or attempting to influence an officer or employee of any local)with commission of any of the offenses enumerated in
agency,a Member of Congress,an officer or employee of paragraph(1)(b)of this certification:and
Congress,or an employee of a Member of Congress in con-
nection with the making of any Federal grant,the entering Into (d)Have not within a three-year period preceding this applies-
of any cooperative agreement,and the extension,continuation, tion had one or more public transactions(Federal,Slate,or
renewal,amendment,or modification of any Federal grant or local)terminated for cause or default;and
cooperative agreement: B.Where the applicant is unable to certify to any of the
(b)If any funds other than Federal appropriated funds have statements In this certification,he or she shall attach an
been paid or will be paid to any person for Influencing OF at- explanation to this application.
tempting to Influence an officer of employee of any agency,a
Member of Congress,an officer or employee of Congress,or
an employee of a Member of Congress in connection with this 3.DRUG-FREE WORKPLACE
Federal grant or cooperative agreement,the undersigned shall (GRANTEES OTHERTHAN INDIVIDUALS)
complete and submit Standard Form-LLL,'Disclosure of
Lobbying Activities,'in accordance with its instructions: As required by the Drug-Free Workplace Act of 1988,and
(c)The undersigned shall require that the language of this cer- implemented at 28 CFR Part 67,Subpart F.for grantees,as
tification be included in the award documents for all subawards defined at 28 CFR Part 67 Sections B7.815 and 67.620—
at all tiers(including subgrenls,contracts under grants and A.The applicant certifies that it will or will continue to provide
cooperative agreements,and subcontracts)and that all sub- a drug-free workplace by:
recipients shall certify and disclose accordingly.
(a)Publishing 9 statement notifying employees that the
unlawful manufacture,distribution,dispensing,possession,or
2.DEBARMENT,SUSPENSION,AND OTHER use of a controlled substance is prohibited in the grantee's
workplace and specifying the actions that will be taken against
RESPONSIBILITY MATTERS employees for violation of such prohibition;
(DIRECT RECIPIENT) (b)Establishing an on-going drug-free awareness program to
As required by Executive Order 12549.Debarment and Inform employees about--
Suspension,and implemented at 28 CFR Part 07,for prospec- (1)The dangers of drug abuse In the workplace;
tive participants In primary covered transactions,as defined at (2)The grantee's policy of maintaining a drug-free workplace;
28 CFR Part 67,Section 67.510—
A.The applicant certifies That it and Its principals: (3)Any available drug counseling,rehabilitation,and employee
assistance programs;and
(a)Are not presently debarred,suspended,proposed for debar- (4)The penalties that may be imposed upon employees for
ment.declared ineligible,sentenced to a denial of Federal drug abuse violations occurring In the workplace;
benefits by a State or Federal court,or voluntarily excluded
from covered transactions by any Federal department (c)Making it a requirement that each employee to be engaged
or agency; In the performance of the grant be given a copy of the state-
(b)Have not within a three-year period preceding this applica-
ment required by paragraph(a);
tion been convicted of or had a civil judgment rendered against (d)Notifying the employee In the statement required by para-
them for commission of fraud or a criminal offense in connec- graph(a)that,as a condition of employment under the grant,
lion with obtaining,attempting to obtain,or performing a the employee will—
WP FORM 406116(3.91)REPLACES OUP FORMS 408112,406113 AND 406114 W=H ARE OBSOLETE
EXHIBIT B
(1)Abide by the terms of the statement.and
(2)Notify the employer in writing of his or her conviction for a
violation of a criminal drug statute occurring in the workplace .....—-
no later than five calendar days after such conviction; Check 0 if there are workplaces on file that are not Indentifted
(e)Notifying the agency,in writing.with;n 10 calendar days here-
after receiving notice under subparagraph(d)(2)from an Section 67,630 of the regulations provides that a grantee that
employee or otherwise receiving actual notice of such convic-lion. Is a State may elect to make one certification in each Federal
Employers of convicted employees must provide nonce,including fiscal year.A copy of which should be Included with each ap-
position title,to,Department of Justice,Office of pllcation for Department of Justice funding,States and State
Justice Programs.ATTN-Control Desk,633 Indiana Avenue. agencies may elect to use OJP Form 406117.
N W.,Washington,D.C,20531.Notice shall include the iden-
tification number(s)of each affected grant; Check❑if the Stale has elected to complete OJP Form
(f)Taking one of the fallowing actions,within 30 calendar 406117.
days of receiving notice under subparagraph(d)(2),with
respect to any employee who is so convicted..._ DRUG-FREE WORKPLACE
(1)Taking appropriate personnel action against such an (GRANTEES WHO ARE INDIVIDUALS)
employee,up to and Including termination,consistent with the As required by the Drug-Free Workplace Act of 1M,and
requirements of the Rehabilitation Act of 1973,as amended;or implemented at 28 CFR Part 67,Subpart F.for grantees,as
(2)Requiring such employee to participate satisfactorily In a defined at 28 CFR Part 67;Sections 67.615 and 67.e20—
drug abuse assistance or rehabilitation program approved for A.As a condition of the grant,I cerlity that I will not engage
such purposes by a Federal.State.or local health.law enforce- in the unlawful manufacture,distribution,dispensing.posees-
ment,or other appropriate agency: slon,or use of a controlled substance In conducting any
(g)Making a good faith effort to continue to maintain a drug• activity with the grant;and
free workplace through implementation of paragraphs(a),(b). 6.If convicted of a criminal drug offense resulting from a
(0).(d),(a),and M_ violation occurring during the conduct of any grant activity,I
S.The grantee may insert in the space provided below the will report the conviction,In writing,within 10 calendar days
aite(s)for the performance of work done in connect on with of the conviction,to.Department of Justice.Office of Justice
the specific grant Programs,ATTN;Control Desk,810 Seventh Street NW.,
Place of Performance(Street address,city,county,state,zip Washington,DC 20531
code)
As the duty authorized representative of the applicant,I hereby certify that the applicant will comply with the above certifications.
01-00
1.Grantee Name and Address;
2.Application Number andlor Project Name 3.Grantee IRSNendor Number
4,Typed Name and Title of Authorized Representative
5.Signature 6.Date
'U 8 GOrertnront Pwav Me 1QW- 405-037MM14