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HomeMy WebLinkAbout08852ORDINANCE NO. 8852 AN ORDINANCE APPROVING A MEMORANDUM OF UNDERSTANDING BY AND BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION AND THE EL PASO COUNTY SHERIFF’S OFFICE, COLORADO SPRINGS POLICE DEPARTMENT, FOUNTAIN POLICE DEPARTMENT, PUEBLO COUNTY SHERIFF’S OFFICE, MANITOU SPRINGS POLICE DEPARTMENT, AND THE WOODLAND PARK POLICE DEPARTMENT FOR THE PURPOSE OF PARTICIPATING IN THE SOUTHERN COLORADO REDUCED AUTO THEFT TASK FORCE (SCRATT). BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Memorandum of Understanding attached hereto and having been approved as to form by the City Attorney, is hereby approved. SECTION 2. The President of the City Council is hereby authorized and directed to execute said Agreement for and on behalf 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 and directed to take all action necessary, appropriate or required to effectuate the provisions of this Ordinance. SECTION 4. This Ordinance shall become effective upon final passage and approval. INTRODUCED: _ February 23, 2015 BY: Chris Nicoll PASSED AND APPROVED: March 9, 2015 City Clerk’s Office Item # R-6 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: February 23, 2015 TO: President Steve Nawrocki and Members of City Council CC: Sam Azad, City Manager VIA: Gina Dutcher, City Clerk FROM: Chief Luis Velez, Police Department SUBJECT: AN ORDINANCE APPROVING A MEMORANDUM OF UNDERSTANDING BY AND BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION AND THE EL PASO COUNTY SHERIFF’S OFFICE, COLORADO SPRINGS POLICE DEPARTMENT, FOUNTAIN POLICE DEPARTMENT, PUEBLO COUNTY SHERIFF’S OFFICE, MANITOU SPRINGS POLICE DEPARTMENT, AND THE WOODLAND PARK POLICE DEPARTMENT FOR THE PURPOSE OF PARTICIPATING IN THE SOUTHERN COLORADO REDUCED AUTO THEFT TASK FORCE (SCRATT) SUMMARY: Attached is an Ordinance for the approval of a memorandum of understanding between multiple law enforcement agencies in Colorado for the purpose of participating in the Southern Colorado Reduced Auto Theft Task Force (SCRATT). PREVIOUS COUNCIL ACTION: City Council has approved resolutions to accept the Colorado Auto Theft Prevention Program Grant each year from 2009 through 2013. BACKGROUND: Each year from 2009 through 2013, the Pueblo Police Department has accepted Colorado Auto Theft Prevention Program Grant funds. The total funds were shared among several different law enforcement agencies in Colorado. The recipients of the funds now desire to enter into a more formal relationship with regard to disbursement and use of the grant funds. The proposed memorandum of understanding is the result of that desire. The multi-jurisdictional task force will focus on the prevention and reduction of motor vehicle thefts as well as the identification, investigation, location and apprehension of motor vehicle theft suspects. The anticipated result is an increase in the amount of stolen vehicles recovered. The agencies will accomplish this through educational and intelligence-led enforcement efforts throughout participating jurisdictions with task force members sharing information amongst each other and any other requesting agency. The El Paso County Sheriff’s Office will ask as the task force’s Project Manager. Operational coordination and oversight of the task force will be the responsibility of the Project Manager. Supervision of the personnel assigned to the task force, and their conduct, will be the responsibility of the supervisors of each participating agency. The Pueblo Police Department will receive two license plate readers to be used in enforcement efforts in Pueblo. FINANCIAL IMPLICATIONS: The task force will utilize funds provided by the Colorado Auto Theft Prevention Authority (CATPA) grant to help complete the mission. Funds shall be used only in accordance with the provisions of CATPA’s FY15 grant award, pursuant to the project number CATPA 14-JAJU14- 003165, to the El Paso County Sheriff’s Office. The Pueblo Police Department shall receive $8,197.00 as allocated by the grant award. No match is required by the City of Pueblo. BOARD/COMMISSION RECOMMENDATION: N/A STAKEHOLDER PROCESS: N/A ALTERNATIVES: City Council may opt out of the task force and decline the grant funds. The Police Department cannot be reimbursed for any overtime for participation in this program from CATPA funds until the proposed MOU is approved by Council. RECOMMENDATION: The Police Department recommends approval of the Ordinance. Attachments: Memorandum of Understanding and Exhibit C (Budget and Narrative) from Grant Agreement are attached. Southern Colorado Reduced Auto Theft Regional Task Force MEMORANDUM OF UNDERSTANDING MISSION and PURPOSE: This Memorandum of Understanding(MOU) is entered into by the El Paso County Sheriffs Office, Colorado Springs Police Department, Fountain Police Department, Manitou Springs Police Department, Pueblo County Sheriffs Office, Pueblo Police Department, and the Woodland Park Police Department for the purposes of participating in the Southern Colorado Reduced Auto Theft Task Force(SCRATT). This is a multi- jurisdictional task force focusing on the prevention and reduction of motor vehicle thefts as well as the identification, investigation, location and apprehension of motor vehicle theft suspects and an increase in the amount of stolen vehicles recovered. This will be done through educational and intelligence-led enforcement efforts throughout participating jurisdictions with task force members sharing information amongst each other and any other requesting agency. The task force will utilize funds provided by the CATPA(Colorado Auto Theft Prevention Authority) grant to help complete this mission. Funds shall be used only in accordance with the provisions of CATPA's FY15 grant award, pursuant to the project number CATPA 14-3A3U14-003165,to the El Paso County Sheriff's Office. Attached to and incorporated herein are Exhibit C (Budget and Narrative) from the Grant Agreement which sets forth how the funds are to be spent by each of the law enforcement agencies which are entitled to receive funds pursuant to the Grant Agreement. The intent of parties that are entering this MOU is to expedite the receipt of funding for the purposes set forth in the Grant letter. SUPERVISION: It is the intent of the Southern Colorado Reduced Auto Theft Task Force to proactively use intelligence-led enforcement strategies to reduce auto theft within the jurisdictional boundaries of the task force. As such, general guidance of the task force and the task force commander/grant manager wi Il be the responsibility of an executive level advisory group consisting of one executive level representative each from the El Paso County Sheriff's Office, Colorado Springs Police Department, Fountain Police Department, Manitou Springs Police Department, Pueblo County Sheriff's Office and the Pueblo Police Department. An executive level advisory group representative will be at the rank of lieutenant or higher in the respective member organization. Operational coordination and oversight of the task force will be the responsibility of the Southern Colorado Reduced Auto Theft Task Force Project Manager. This position will be the responsibility of the El Paso County Sheriff's Office until the end of the grant cycle. Requests for assistance from the task force will be referred through the Task Force Project Manager for assignment. The Task Force Project Manager will vet significant grant-funded investigations through the deconfliction process with other regional agencies. Supervision of the personnel assigned to the task force, and their conduct, will be the responsibility of the supervisors of each participating agency. The agency with primary jurisdiction over the location of any crime investigated by the task force will be deemed the lead agency for that investigation, with other assisting members of the task force documenting their actions as an agency assist. PERSONNEL: Each participating agency agrees to assign at least one investigator and/or officer to the task force. Each task force officer will remain an employee of the member agency and report directly to their respective agency supervisor for administrative purposes. Each task force officer will work in their respective capacity to provide investigative support to the group and to serve as a liaison for their respective agencies for investigative and operational support. Each member agency will be responsible for compensation and wages, to include overtime pay, for its own task force officers. Appropriate financial reports and backup documentation for overtime expenditures under the grant shall be submitted to the project director prior to submitting a signed financial report to CATPA. RECORDS, STATISTICS AND REPORTS: Each participating agency is responsible for maintaining the auto theft case files of investigations generated by their particular agency, inclusive of case management, screening, referrals and assignments. Each agency shall submit the required statistics and other reporting information per the grant requirements to the project director at the designated time for monthly and quarterly CATPA reporting. Failure to do so may result in forfeiture of future funding. Participating agency crime analysts should provide data to determine best strategies for operational deployments of the task force. These analytical reports should contain strategic analysis provided to the advisory group, and tactical analysis to the task force project commander and affected supervisor of a given operation. TASK FORCE MEETINGS: Each agency assigned to the task force will send a representative to attend task force meetings for the purpose of sharing information, discussing deployments, educational sessions, and more. The Task Force shall ensure that a representative from the Task Force attend a minimum of six (6) monthly CATI meeting during the course of the CATPA grant year(FY15). LICENSE PLATE READERS, GPS TRACKERS AND BAIT CARS: Eleven(11) Automated License Plate Reader Systems (ALPRS) have been purchased for the task force utilizing CATPA Funds. The ALPRS assignment for the task force are: three for Colorado Springs Police Department,three for El Paso County Sheriffs Office, Grant Funding Distribution MOU 2014-2015 CATPA Grant p.2 of 5 one for Fountain Police Department,one for Woodland Park Police Department, one for Pueblo County Sheriffs Office, and two for Pueblo Police Department. Pueblo Police Department also has two bait cars that can be used for the task force. Agencies will share ALPRS whenever possible to conduct joint deployments. The ALPRS should be deployed in a cost-benefit efficient manner in which the operators are able to focus on known hot spots and have the authority to take action upon the receipt of a"hit." Agencies utilizing ALPRS purchased by CATPA funds are required to have a policy authorizing the use of the ALPRS, including the use,retention and retrieval of data collection. No agency is allowed to retain data beyond one year in the grant-funded database unless that request is made to the Executive Advisory Group for a purpose that conforms to §24-72-113, Colorado Revised Statutes. Agency personnel may not alter the retention period of data beyond one year in the database; however,member agencies may retain ALPRS data on their individual servers and data base for the period of time required by their respective policies. ALPR's should be deployed as often as possible in the field when not being used by Auto Theft Task Force Members to assist in identifying stolen vehicles. Agencies should track the use of the ALPR's using an approved tracking mechanism approved by the Executive Advisory Group so that statistics are captured the same for every agency. Use of ALPR's will be monitored by the Executive Advisory Group to ensure the equipment is being used. ALPR's will be deployed to areas identified by Crime Analysts as "hot spots" where Motor Vehicle Thefts are occurring or where stolen vehicles are being recovered. Equipment purchased by CATPA will remain the property of CATPA and CATPA retains the authority to have the equipment reassigned. The Task Force Project Manager will maintain an inventory of CATPA funded equipment, the current allocation of that equipment, and the monthly summaries on the use/results to demonstrate cost-efficiency. All items purchased with CATPA funds are the property of CATPA and are subject to reallocation within the Task Force as needed. JOINT TASK FORCE DEPLOYMENTS: Deployments of the task force will be initiated based on a proactive, intelligence-led basis whenever possible to maximize the overall effectiveness of the task force. Coordination with the various crime analysts (ie. ATTIC)as well as with BATTLE should be a part of this process. Tactical operations planning will be a part of each deployment to ensure a cooperative and coordinated investigation is conducted. Deployments should be planned as part of a multi jurisdictional enforcement strategy, and should be based upon crime analysis provided by local and state analysts(e.g., ATICC). IT INFORMATION SHARING FROM LPR DATA: The Colorado Springs Police Department will be the Central Hub for the information gathered from the ALPRS deployed throughout the task force and will maintain the ALPRS server. All participating agencies will have read only access to the information stored on the server. Grant Funding Distribution MOU 2014-2015 CATPA Grant p.3 of 5 City of Colorado Springs Responsibilities 1. The City of Colorado Springs will offer a best effort 1st tier support model to triage system related issues and outages. 2. All derivatives are available to all parties of this agreement with no guarantee as to their suitability, quality, or usefulness to said parties. 3. The City of Colorado Springs is not responsible for any connection medium/protocol to/from the City Operations Center. 4. The City of Colorado Springs is not responsible for any customizations, development, or enhancements to the delivery of the data. 5. The City of Colorado Springs will perform systems related tasks, in coordination with 3M, and reasonable notice to MOU subscribing members. 6. The City of Colorado Springs will not be responsible for any information/data, expressed or implied, for any external MOU subscribing member. City of Colorado Springs 24/7 Information Technology Emergency after hours support on call pager: 719-630-9810 USE OF FORCE All task force officers will comply with their respective agency's guidelines concerning the use of force. RESPONSIBILITES OF PARTICIPATING AGENCIES: Each agency will be responsible for the acts or omissions of its employees. Nothing in this Agreement is intended to, or shall be deemed to constitute,a partnership or joint venture between the Parties, or to create any agency or partner relationship between the Parties. No Party shall hold itself out as a partner,joint venture, agent, or representative of the other under this Agreement. Nothing in this Agreement is intended, nor should it be construed,to create any rights, claims, or benefits or assume any liability for or on behalf of any third party, or to waive any immunities or limitations conferred to the parties under federal or state law, including but not limited to the Colorado Governmental Immunity Act, § 24-10-101 et seq., C.R.S. DURATION: This MOU is intended to remain in effect during the term of the Grant as authorized by the Grant Agreement. However, participating agencies may withdraw their participation at any time after a thirty day written notice to the project director. The only exception to this is for the agency with an active Project Director as stated in the Supervision clause. Grant Funding Distribution MOU 2014-2015 CATPA Grant p.4 of 5 EFFECTIVE DATE This document is agreed to be effective this 1st day of July,2014. I, 1ev ,have reviewed the 6 page memorandum of understanding for SCRATT Regional Task Force, and its attachment. My signature below reflects agreement to that memorandum of understanding. I understand that this signature page will be attached to the memorandum and will be maintained by the project manager. Should I decide to sign electronically,I affirm that my electronic signature shall be treated as an original signature. . *PROVED AS TO FOIA CITY OF COLORADO SPRINGS Signed thi26 day o td! .� ,2015. CITY ATTORNEY'S OFFICE Name: rt Steve Bach, Title:Mayor, City of Colorado Springs Colorado Springs Police Department SWC-' t `.eJL dill Elder,Title: Sheriff Law Enforcement Agency Head El Paso County Sheriff's Office Grant Funding Distribution MOU 2014-2015 CATPA Grant p.6 of 6 EFFECTIVE DATE This document ply is a eed to be effective this 1st day of July,2014. T �0 V (rt Pghave reviewed the 5 a e memorandum of understandinor SCRAT Regional Task Force,and its attachment. My signature below reflects agreement to that memorandum of understanding. I understand that this signature page will be attached to the memorandum and will be maintained by the project manager. Should 1 decide to sign electronically, I affirm that my electronic signature shall be treated as an original signature. Signed this 'r day of 1- t ,2015. Chri AI'''.Heberer,Title: Chief of Police Law Enforcement Agency Head Fountain Police Department "Bill Elder,Title: Sheriff Law Enforcement Agency Head El Paso County Sheriff's Office Grant Funding Distribution MOU 2014-2015 CATPA Grant p.6 of 6 EFFECTIVE DATE This document is agreed to be effective this 1st day of July,2014. I, ,have reviewed the 5 page memorandum of understanding for SCRAT Regional Task Force,and its attachment. My signature below reflects agreement to that memorandum of understanding. I.understand that this signature page will be attached to the memorandum and will be maintained by the project manager. Should I decide to sign electronically,I affirm that my electronic signature shall be treated as an original signature. Signed this day of 7)2a.44.A ,2015. .> � x(141 .r✓Itr�� : Kirk Taylor, fe: Sheriff Caw Enforcement Agency Head Pueblo County Sheriff's Office Bill Elder,Title: Sheriff Law Enforcement Agency Head El Paso County Sheriff's Office Grant Funding Distribution MOU 2014-2015 CATPA Grant p.6 of 6 EFFECTIVE DATE This document is agreed to be effective this 1st day of July,2014. I, a 71.7 L,# g9- ,have reviewed the 5 page memorandum of understanding for SCRAT Regional Task Force,and its attachment. My signature below reflects agreement to that memorandum of understanding. I understand that this signature page will be attached to the memorandum and will be maintained by the project manager. Should I decide to sign electronically, I affirm that my electronic signature shall be treated as an original signature. Signed this 9 day of /�Pr2e c. ,2015. Robert Larson,Title:Chief of Police Law Enforcement Agency Head Woodland Park Police Department Bill Elder,Title:Sheriff Law Enforcement Agency Head El Paso County Sheriff's Office Grant Funding Distribution MOU 2014-2015 CATPA Grant p.6 of 6 EFFECTIVE DATE This document is agreed to be effective this 1st day of July,2014. I, -._...\c;:: K .\iJsL ,have reviewed the 5 page memorandum of understanding for SCRAT Regional Task Force, and its attachment. My signature below reflects agreement to that memorandum of understanding. I understand that this signature page will be attached to the memorandum and will be maintained by the project manager. Should I decide to sign electronically,I affirm that my electronic signature shall be treated an original signature. Signed this da of_41_______„2015. J Joe Ribeiro,Title:Chief of Police Law Enforcement Agency Head Manitou Springs Police Department z-a..;:,,,telem Bill Elder,Title:Sheriff Law Enforcement Agency Head El Paso County Sheriffs Office Grant Funding Distribution MOU 2014-2015 CATPA Grant p.6 of 6 EFFECTIVE DATE This document is agreed to be effective this 1st day of July, 2014. I, , have reviewed the 5 page memorandum of understanding for SCRAT Regional Task Force, and its attachment. My signature below reflects agreement to that memorandum of understanding. I understand that this signature page will be attached to the memorandum and will be maintained by the project manager. Should I decide to sign electronically, I affirm that my electronic signature shall be treated as an original signature. Signed this day of , 2015. Steve Nawrocki,Title: 'resi•ent= Pueblo City Council Pueblo Police Department Bill Elder, Title: Sheriff Law Enforcement Agency Head El Paso County Sheriff's Office Grant Funding Distribution MOU 2014-2015 CATPA Grant p.6 of 6