HomeMy WebLinkAbout2023-010-01/17/2023-APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND THE UNITED STATES DRUGRESOLUTION 2023-010
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 17 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 four 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
—1—
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 will also be required to have an authorized officer or employee
execute and return to DEA OJP Form 406 1/6,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 four-year commitment of a
specific officer to account for the investigative training time required in the first yew of an officer’s
assignment to the taskforce;and
WHEREAS,the Intergovernmental Agreement would be effective when signed and expire
on September 30,2026 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 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 City Manager may,in consultation with the
City Attorney,determine necessary and appropriate to protect the interest of the City to 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 17th
day of January,2023.
ATTEST:/
p ~
City Clerk
EXHIBIT A
PROGRAM -FUNDED STATE AND LOCAL TASK FORCE AGREEMENT
This agreement is made this 1st day of October,2022,between the United States Department of
Justice,Drug Enforcement Administration (hereinafter “DEA”),and the City of Fort Collins
Police Services ORI#C00350300 (hereinafter “parent agency”).The DEA is authorized to enter
into this cooperative agreement concerning the use and abuse of controlled substances under the
provisions of 2]USC §873.
WHEREAS there is evidence that trafficking in narcotics and dangerous drugs exists in the
Mountain West Region 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 parent agency
agrees to detail one (fl 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 parent
agency officer(s)will be under the direct supervision and control of DEA supervisory
personnel assigned to the Task Force.
3.The parent agency 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 parent agency officer(s)assigned to the Task Force shall be deputized as Task Force
Officers of DEA pursuant to 2]USC §878.
5.To accomplish the objectives of the OCDETF Strike Force Task Force,DEA will assign
three (I)Special Agents to the Task Force.The parent agency agrees to provide and
maintain a vehicle for use for each of its assigned Task Force Officers.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 parent agency 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.
EXHIBIT A
6.During the period of assignment to the OCDETF Strike Force Task Force,the parent
agency 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 parent agency for
overtime payments.Annual overtime for each state and local law enforcement officer is
capped atthe equivalentto 25%of the salary of a GS-12,step 1,of the general pay scale
for the rest of the United States.Reimbursement for all types of qualified expenses shall
be contingent upon availability of funds and 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 investigators who incurred overtime for DEA during
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.The parent
agency will bill overtime as it is performed and no later than 60 days after the end of each
quarter in which the overtime is performed..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 parent agency charge any indirect cost rate to DEA for the
administration or implementation of this agreement.
8.The parent agency 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 parent agency 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
parent agency shall maintain all such reports and records until all 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 parent agency 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 parent agency 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 parent agency acknowledges that this agreement will not take effect and no Federal
funds will be awarded to the parent agency by DEA until the completed certification is
received.
EXHIBITA
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 parent agency 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 effective from the date in paragraph number one until
September 30,2026.This agreement may be terminated by either party on thirty days’
advance written notice.DEA’s support to the Task force,including reimbursement of
overtime,is subject to the availability of funds on a fiscal year basis (October 1 through
September30 of the next year).Billing for all outstanding obligations must be received
by DEA within 60 days of the end of the fiscal year or within 60 days of the date of
termination of this agreement.DEA will be responsible only for obligations incurred by
parent agency during the term of this agreement on a fiscal year basis,subject to the
availability of funds.
Obligations Subject to Appropriation.Al/financial obligations of the City arising under
this Agreement that are payable after the current fiscal year are contingent upon funds
for that purpose being annually appropriatea’~budgeted and otherwise made available by
the Fort Collins City Council,in its discretion.
For the Drug Enforcement Administration:
Brian S.Besser Date
Special Agent in Charge
For the City of Fort Collins Police Services
Jeff Swoboda Date
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 fact upon which reliance will be placed when the Department of Justice determines to award the
covered transaction,grant,or cooperative agreement.
1.LOBBYING
As required by Section 1352.Title 31 of the U.S.Code,and
implemented at 28 CFR Part 69,for persons entering into a
grant or cooperative agreement over $100,000,as defined at
28 CFR Part 69,the applicant certifies that:
(a)No Federal appropriated funds have been paid or will be
paid,by or on behalf of the undersigned,to any person for in
fluencing or attempting to influence an officer or employee of any
agency,a Member of Congress,an officer or employee of
Congress,or an employee or a Member or Congress in con
nection with the making of any Federal grant,the entering Into
of any cooperative agreement,and the extension continuation,
renewal,amendment,or modification of any Federal grant or
cooperative agreement;
(b)If any funds other than Federal appropriated funds have
been paid or will be paid to any person for influencing or at
tempting to influence an ofFicer or employee of any agency,a
Member or Congress,an officer or employee of congress,or
an employee of a Member of Congress in connection with this
Federal 9rant or cooperative agreement,the undersigned shall
complete and submit Standard Form -LLL,“Disclosure of
Lobbying Activities,”in accordance with its instructions;
(c)The undersigned shall require that the language of this cer
tification be included in the award documents for all subawards
at all tiers (including subgrants,contracts under ~rants and
cooperative agreements,and subcontraots)and that all sub-
recipients shall certify and disclose accordingly.
2.DEBARMENT,SUSPENSION,AND OTHER
RESPONSIBILITY MATTERS
(DIRECT RECIPIENT)
As required by Executive Order 12549,Debarment and
Suspension,and implemented at 28 CFR Part 67,for prospec
tive participants in primary covered transactions,as defined at
28 CFR Part 67,Section 67.510—
A.The applicant certiFies that It and Its principals:
(a)Are not presently debarred,suspended,proposed for debar
rnent,declared ineligible,sentenced to a denial or Federal
benefits by a State or Federal court,or voluntarily excluded
from covered transactions by any Federal department
or agency:
(b)Have not within a three-year period preceding this applica
tion been convicted of or had a civil judgment rendered against
them for commission of fraud or a criminal offense in connec’
tion with obtaining,attempting to obtain,or performing a
public (Federal,State,or local)transaction or contract under a
public transaction;violation of Federal or State antitrust statutes
or commission of embezzlement,theft,forgery,
bribery,falsification or destruction of records,making raise
statements,or receiving stolen property;
(c)Are not presently Indicted for or otherwise criminally or
civilly charged by a governmental entity (Federal,State,or
local)with,commission of any of the offenses enumerated in
paragraph (1)(b)of this certification;and
(d)Have not within a three-year period preceding this applica
tion had one or more public transactions (Federal,State,or
local)terminated for cause or default;and
B.Where the applicant is unable to certity to any of the
statements in this certification,he or she shall attach an
explanation to this application.
3.DRUG-FREE WORKPLACE
(GRANTEES OTHERTHAN INDIVIDUALS)
As required by the Drug-Free Workplace Act of 1988,and
implemented at 28 CFR Part 67.Subpart F,for grantees,as
defined at 28 CFR Part 67 Sections 67.615 and 67.620—
A.The applicant certifies that it will or will continue to provide
a drug-free workplace by:
(a)Publishing a statement notifying employees that the
unlawful manufacture,distribution,dispensing,possession,or
use of a controlled substance is prohibited in the grantee’s
workplace and specifying the actions that will be taken against
employees for violation of such prohibition;
(b)Establishing an on-going drug-free awareness program to
inform employees about—
(1)The dangers of drug abuse in the workplace;
(2)The grantee’s policy of maintaining a drug-free workplace;
(3)Any available drug counseling,rehabilitation,and employee
assistance programs;and
(4)The penalties that may be imposed upon employees for
drug abuse violations occurring in the workplace;
(c)Making it a requirement that each employee to be engaged
in the performance of the grant be given a copy of the state
ment required by paragraph (a);
(d)Notifying the employee in the statement required by para
graph (a)that,as a condition of employment under the grant,
the employee will—
OJP FORM 4061/6 (3-91)REPLACES OJP FORM5 406112,406113AND 4061(4 wl-ILcH ARE OBSOLETE.
(1)Abide by the terms of the statement;and
EXHIBIT B
(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;
(e)Notifying the agency,in writing,within 10 calendar days
after receiving notice under subparagraph (d)(2)from an
employee or otherwise receiving actual notice of such convic-tion.
Employers of convicted employees must provide notice,Including
position title,to;Department of Justice,Office of
Justice Programs,ATm:Control Desk,633 Indiana Avenue,
N.W.,WashTngton.D.c.20531.Notice shall include the iden
tification number(s)of each affected grant;
(f)Taking one of the following actions,within 30 calendar
days of receiving notice under subparagraph (d)(2),with
respect to any employee who is so convicted—
(1)Taking appropriate personnel action against such an
employee,up to and including termination,consistent with the
requirements of the Rehabilitation Act ol 1973,as amended;or
(2)Requiring such employee to participate satisfactorily in a
drug abuse assistance or rehabilitation program approved for
such purposes by a Federal.State,or local health,law enrorce
ment,or other appropriate agency;
(g)Making a good faith effort to continue to maintain a drug-free workplace through Implementation of paragraphs (a),(b),
(c),(d),(e),and (f).
8.The grantee may insert in the space provided below the
site(s)for the performance of work done In connection with
the specific grant:
Place of Performance (Street address,city,county,state,zip
code)
Check Q if there are workplaces on file that are not indentified
here.
Section 67,630 of the regulations provides that a grantee that
is a State may elect to make one certification In each Federal
fiscal year.A copy of which should be included with each ap
piication for Department of Justice funding.States and State
agencies may elect to use OJP Form 4061/7.
check C if the State has elected to complete OJP Form
4061(7.
DRUG-FREE WORKPLACE
(GRANTEES WHO ARE INDIVIDUALS)
As required by the Drug-Free Workplace Act of 1988,and
implemented at 28 CER Part 67,Subpart F,for grantees,as
defined at 28 CFR Part 67:Sections 67.615 and 67.620—
A.As a condition of the grant,I certify that I will not engage
in the unlawful manufacture,distribution,dispensing,posses
sion,or use of a controlled substance in conducting any
activity with the grant;and
B.If convicted of a criminal drug offense resulting from a
violation occurring during the conduct of any grant activity.I
wlH report the conviction,in writing,within 10 calendar days
or the conviction,to:Department of Justice,Office of Justice
Programs,ATTN:Control Desk,810 Seventh Street NW.,
Washington,DC 20531.
As the duly authorized representative of the applicant,I hereby certify that the applicant wili comply with the above certifications.
1.Grantee Name and Address:
2.Application Number and/or Project Name 3.Grantee tRSNendor Number
4.Typed Name and Title of Authorized Representative
5.Signature 6.Date
‘U.S.Goverrrr,ent Punting Office:1996-405.037140014