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HomeMy WebLinkAbout09953 ORDINANCE NO. 9953 AN ORDINANCE APPROVING AND ACCEPTING A GRANT FUNDING AGREEMENT AND ALL APPLICABLE CONDITIONS PERTAINING THERETO FROM THE COLORADO AUTO THEFT PREVENTION AUTHORITY (“CATPA”) RELATING TO THE BEAT AUTO THEFT THROUGH LAW ENFORCEMENT (“BATTLE”) TEAM, ESTABLISHING PROJECT NO. PS2103, BUDGETING AND APPROPRIATING FUNDS TO PROJECT NUMBER PS2103, AUTHORIZING THE MAYOR TO EXECUTE SAME, AND APPROVING AND RATIFYING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF PUEBLO AND COLORADO STATE PATROL BEGINNING JULY 1, 2021 RELATING TO THE STATEWIDE BEAT AUTO THEFT THROUGH LAW ENFORCEMENT TEAM WHEREAS, the City Council of Pueblo has the authority on behalf of the City of Pueblo, including its Police Department, to accept grants from the state government for public and municipal purposes and to enter into agreements relating thereto; and WHEREAS, City Council approved a MOU with the statewide Beat Auto Theft Through Law Enforcement Team (“BATTLE”) on December 10, 2018, which awarded an initial $47,392.00 in grant funds from the Colorado Auto Theft Prevention Authority (CATPA) for the 2019 grant year upon conditions recited therein or incorporated therein by reference; and WHEREAS, the statewide Beat Auto Theft Through Law Enforcement Team (“BATTLE”) was awarded $81,240.00 in grant funds from the Colorado Auto Theft Prevention Authority (“CATPA”) for the 2020-2021 grant year upon conditions recited therein or incorporated therein by reference; and WHEREAS, an award of grant funds has been made for the 2021-2022 grant year in the amount of $57,722.00 to assist the police department with paying equipment and overtime costs incurred in its efforts to reduce auto theft; and WHEREAS, the State has made additional awards of funds in the past under previous grant agreements and the Police Department anticipates the award of additional funds in the future pursuant to this agreement if the same are made available by the State; and WHEREAS, acceptance of the funds offered pursuant to the Grant for the purposes for which it has been made is in the best interest of the City and will benefit the health, welfare and safety of the citizens of the City; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Award of the 2021-2022 BATTLE Overtime Allocation Grant is hereby accepted and approved in the amount of $57,722.00 in accordance with the Grant’s terms and conditions. SECTION 2. The Grant Funding Agreement, a true copy of which is attached hereto, having been approved as to form by the City Attorney, is hereby approved and accepted. The Mayor is authorized to execute the Grant Agreement in the name of and on behalf of the City, and the Mayor is authorized to execute any and all other certifications, assurances and other documents associated therewith. SECTION 3. The Memorandum of Understanding between the City of Pueblo and the Colorado State Patrol for the statewide Beat Auto Theft Through Law Enforcement Team (“BATTLE”), for the time period beginning July 1, 2021 through June 30, 2024, having been approved as to form by the City Attorney, is hereby approved and ratified. SECTION 4. Project No. PS2103 is hereby established in the Public Safety Grants Fund. SECTION 5. The Police Department is empowered to apply for and accept additional grant awards pursuant to the Grant as those funds are made available by the State. SECTION 6. All current and future funds accepted under this ordinance shall be budgeted and appropriated into Project Number PS2103 by the Finance Department. SECTION 7. The officers and staff of the City are authorized to perform any and all acts consistent with the intent of this Ordinance to implement the policies and procedures described herein. SECTION 8. 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 June 14, 2021 . Final adoption of Ordinance by City Council on June 28, 2021 . President of City Council Action by the Mayor: ☒ Approved on June 30, 2021 . □ Disapproved on based on the following objections: _ Mayor 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 □ Council action on _______ failed to override the Mayor’s veto. President of City Council ATTEST City Clerk City Clerk’s Office Item # R-3 Background Paper for Proposed ORDINANCE COUNCIL MEETING DATE: June 14, 2021 TO: President Lawrence W. Atencio and Members of City Council CC: Mayor Nicholas A. Gradisar VIA: Marisa Stoller, City Clerk FROM: Chris Noeller, Interim Chief of Police SUBJECT: AN ORDINANCE APPROVING AND ACCEPTING A GRANT FUNDING AGREEMENT AND ALL APPLICABLE CONDITIONS PERTAINING THERETO FROM THE COLORADO AUTO THEFT PREVENTION AUTHORITY (“CATPA”) RELATING TO THE BEAT AUTO THEFT THROUGH LAW ENFORCEMENT (“BATTLE”) TEAM, ESTABLISHING PROJECT NO. PS2103, BUDGETING AND APPROPRIATING FUNDS TO PROJECT NUMBER PS2103, AUTHORIZING THE MAYOR TO EXECUTE SAME, AND APPROVING AND RATIFYING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF PUEBLO AND COLORADO STATE PATROL BEGINNING JULY 1, 2021 RELATING TO THE STATEWIDE BEAT AUTO THEFT THROUGH LAW ENFORCEMENT TEAM SUMMARY: City Council approved a 3-year MOU with the statewide Beat Auto Theft Through Law Enforcement Team (“BATTLE”) on December 10, 2018. Effective July 1, 2021, the Pueblo Police Department is awarded $57,722.00 in funds for equipment and overtime costs associated with Auto Theft investigation and enforcement. Attached is a Grant Funding Letter for the 2021 grant and a MOU between the City and the Colorado State Patrol for the time period beginning July 1, 2021 through June 30, 2024. This Ordinance also establishes Project No. PS2103 and budgets and appropriates those funds to project number PS2103. PREVIOUS COUNCIL ACTION: City Council has approved ordinances accepting Auto Theft Prevention Grants each year beginning in July 2009. On December 10, 2018 in Ordinance No. 9390, Council approved a three- year MOU with the statewide BATTLE taskforce. On July 1, 2020 the Pueblo Police Department was awarded $81,240.00 in funds for overtime costs associated with Auto Theft investigation and enforcement. Acceptance of those funds was approved by Ordinance No. 9735. BACKGROUND: Each year since July 2009, the City of Pueblo and Pueblo Police Department have accepted Colorado auto theft grant funds. The total funds are disbursed by CATPA and are shared among several different law enforcement agencies in Colorado. A Memorandum of Understanding formalizes the relationship between the various participating agencies. The BATTLE multi-jurisdictional task force focuses on the prevention and reduction of motor vehicle thefts as well as the identification, investigation, location of stolen motor vehicles, and apprehension of suspects. The task force works to increase the number of stolen vehicles recovered, offenders arrested, and decrease vehicle thefts. The agencies 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 task force utilizes grant funds provided by the Colorado Auto Theft Prevention Authority (CATPA) to help complete its mission. Funds shall be used only in accordance with the provisions of CATPA’s FY22 grant award, pursuant to the project number CATPA21-JAJU22, to the Colorado State Patrol (BATTLE) Team. FINANCIAL IMPLICATIONS: The Pueblo Police Department shall receive $57,722 allocated by the grant award. No match is required by the City of Pueblo. Project No. PS2103 shall be created and funds in the amount of $57,722 shall be budgeted and appropriated therefor. Personnel Services-Overtime : $55,000.00 Equipment – Travel & Supplies: $ 2,722.00 TOTAL: $57,722.00 BOARD/COMMISSION RECOMMENDATION: Not Applicable. STAKEHOLDER PROCESS: Not Applicable. ALTERNATIVES: City Council may decline the grant funds. If that occurs, the Police Department cannot be reimbursed from CATPA funds for overtime or equipment costs incurred for this program. RECOMMENDATION: The Police Department recommends approval of the Ordinance. Attachments: Grant Funding Agreement for grant period July 1, 2021 through June 30, 2022. 2021-2024 BATTLE MOU. COLORADO State Patrol I.)R_vrt.rlelt :f Pt,b31C. , arctj Colorado State Patrol Statement of Funding Award Partner Agency Name: City of Pueblo Police Department Partner Agency DUNS # 010620284 Project Director: Sergeant Eric Gonzales Financial Officer: Kayleigh McKenzie Project Director Address: 200 S. Main St Grant Number: FY22CPPD Date of Issue: July 1, 2021 Total Approved Budget: $57,722.00 Grant Period: July 1, 2021 through June 30, 2022 BATTLE Region: South Partner Agency Approved Budget BUDGET ORIGINAL/CURRENT REVISION CURRENT CATEGORY AMOUNT ALLOCATION Salaries $0.00 $0.00 $0.00 Fringe $0.00 $0.00 $0.00 Overtime $55,000.00 $0.00 $55,000.00 Supplies 8 $2,722.00 $0.00 $2,722.00 Operating Travel $0.00 $0.00 $0.00 Equipment $0.00 $0.00 $0.00 Contractors $0.00 $0.00 $0.00 Grant $0.00 $0.00 $0.00 Administration TOTAL $57,722.00 $0.00 $57,722.00 ALLOCATION Line Item Qualifying Expenses • Supplies & Operating o TELECOMM - TG800 Tracker Airtime subscription for 3 trackers - $600 mobile service X 3 = $1,800.00 o NONCAP EQUIP - Car entry tool kit(2)x 65.00= $130.00 COLORADO State Patrol O c,rl)e,,portr,iwrit ':`.f Saf4,t4i' Line Item Qualifying Expenses (continued) • Supplies & Operating (continued) o NONCAP EQUIP- Digital Binocular video/photo Camera 3 per pkg. x 3/packages- $130.67 x 3 =$392.00 o OTHER SERVICES - Tinting two detective vehicles $200 X 2 = $400.00 Note: • Personnel Expense-OT backup documentation includes proof of payment (paystub or payroll report), timesheets signed by employee and supervisor. • Supplies & Operating Expense backup documentation includes an invoice with authorization for payment and a receipt or other form of proof of payment. • Travel Expenses must have prior approval by the BATTLE Project Director via a Memo. Backup documentation should include a CSP Non-employee travel reimbursement form, hotel receipt, maps from origin to travel location if claiming mileage, and receipts for approved meals (NO ALCOHOL may be on the receipt). • Equipment Expense backup documentation must include a current quote AND an invoice as well as proof of payment. See Check List for BATTLE Payment Submissions for greater detail on documentation requirements (Exhibit A). Special Conditions and Requirements Multipart document and Additional Requirements 1. The Partner Agency affirms that the agreement consists of a multipart document: the award letter, Funding Award and associated special conditions, required performance metrics, and signatures of persons authorized to sign on behalf of the partner agency. 2. The Partner Agency agrees to comply with all requirements, conditions, and regulations as detailed in the enclosed Funding Award document. The authorized official must initial at the bottom of each page of the enclosed Funding Award document where indicated. Reimbursement Requests 1. BATTLE Financial Payment Request Form. All reimbursement requests submitted by the Grantee shall use the approved BATTLE Financial Payment Request Form. 2. Monthly Reimbursement Requests. Monthly reimbursement requests shall be completed COLORADO *- 1.e ';* State Patrol DE^pdrtrna.1r Of Pt,bI c afet, and submitted to the Grants Management Office (GMO) within fifteen (15) days after the end of each month. 3. Final Reimbursement Requests. All invoices and overtime payroll shall be paid by SFY June 30, 2022. Final reimbursement requests shall be completed and submitted to CSP GMO within ten (10) days after June 30, 2022. Reimbursement requests received beyond this time will be subject to denial. 4. Documentation. The Partner Agency shall submit all backup documentation to the BATTLE email. The Partner Agency shall keep on file and make available for review all backup documentation at the discretion of GMO. Financial Reportinji Requirements 1. Budget Modification Request - Grant activities must match the approved budget included with this document. The partner agency must secure prior written approval from CSP if there is a requested change in any budget category. Failure to seek prior consent may result in the denial of reimbursement. The Partner Agency shall submit a written request to the BATTLE Project Director requesting a revision in the Funding Award budget. The Partner Agency shall not make any changes in the budget line items or purchase equipment or other supplies until they have received authorization from the BATTLE Project Director. Reimbursement of any expenditures made by the Partner Agency without prior written authorization shall not be reimbursed through BATTLE funds and the Partner Agency shall absorb that cost. 2. Invoicing - The Partner Agency agrees to submit monthly reimbursement requests on the Excel invoice workbook with backup documentation for reimbursement. The Partner Agency shall submit the invoice workbook even if it is a zero-dollar claim no later than fifteen (15) days following the end of a calendar month. Appropriate documentation for all expenditures must accompany reimbursement requests. GMO will only approve reimbursement of actual, supported, and allowable expenses. Only financial-related documents are emailed to the BATTLE address. Any operational reports or other related working information are sent to BATTLE Project Director and not through the BATTLE email address. 3. Monitoring - The CSP will monitor the Partner Agency's performance obligations under this Award Letter using procedures determined by the State of Colorado policies and procedures. In its sole discretion, CSP shall have the right to change monitoring procedures and requirements at any time during the term of this SFY 22 grant period. The CSP shall monitor the Partner Agency's performance in a manner that does not unduly interfere with the Partner Agency's performance of grant work. COLORADO State Patrol t)0p3rtne` t of Pub's;C `iaft21,, As the grant's fiscal agent, CSP shall monitor Partner Agency, including desk reviews, agency visits,and phone interviews. The Partner Agency shall be notified at least thirty (30) days in advance of any scheduled monitoring visits. As a recipient of these funds, the Partner Agency agrees to cooperate with and respond to any requests for information about your award within fifteen (15) days of audit notification. If the CSP identifies any audit finding(s),the Partner Agency will have the opportunity to make provisions to correct the finding(s). Any false statements or claims with the awarded funds may result in fines, imprisonment, or any other remedy available by law. The Partner Agency has the right to protest any audit findings. All protests must be in writing and sent to the BATTLE Project Director and the Financial officer. 4. Funding from Multiple Sources - The recipient understands and agrees to notify CSP if it receives, from any other sources, funding for the same items or services also funded under this award. The Partner Agency shall not supplant awarded funds with city and county funds already budgeted for the same purpose. If CSP determines there is supplanting of funds, award funds will be revoked and all expended funds shall be returned to CSP within thirty (30) days. 5. Capital Equipment — Capital equipment is any item purchased at $5,000 or more using funds under a CATPA grant. The retention period ends when the value of the equipment has depreciated to less than $5,000 or the equipment is older than five (5) years, whichever comes first. A. Capital Equipment Ownership. Capital equipment becomes the property of the recipient agency approved in the Funding Award and remains in possession of the original agency so long as it continues to be used for auto theft prevention activities as approved by the CATPA Office. If the equipment retention period has not expired and the equipment is no longer needed or used for auto theft prevention activities, CATPA Office retains the right to reallocate the equipment for auto theft prevention. B. Inventory of Capital Equipment. Under this agreement, the Partner Agency's inventory of capital equipment shall occur during the retention period by GMO. A complete equipment inventory list is maintained by GMO. The Partner Agency shall submit its inventory list to the GMO within fifteen (15) days. C.Purchase ofNew Capital Equipment. When new equipment is purchased,the Partner Agency has ten (10) days from the reimbursement request to return the inventory certification form to GMO. The stickers indicating the purchased equipment is through grant funding will then be supplied by GMO. The stickers must be attached COLORADO State Patrol j')r::+ frr1a*fit of PG;) to the equipment (near the serial number) and remain so until disposition of the Capital Equipment D. Inventory Removal of Capital Equipment. The Partner Agency shall make a written request for removal of capital equipment, along with a completed CATPA Grant Equipment Inventory Removal Certification Form and send it to the GMO BATTLE email address. Request to remove capital equipment from the CATPA inventory is approved on any of the following conditions: i. Equipment Lapses Retention Period. Equipment may be removed when the purchase date is five (5) or more years past, regardless of the equipment's actual purchase price or depreciated value. ii. Equipment Value is Less than $5,000. Equipment may be removed from inventory when it has depreciated to a value less than $5,000. In such cases, the Partner Agency shall provide documentation on the justification for the depreciation and send it to the GMO BATTLE email. CSP and CATPA recognize generally accepted accounting principles and encourage the Partner Agency to use the straight-line depreciation method. Guidance on the straight- line depreciation method is in the FY22 CATPA Grant Manager's Guidance Manual. iii. Equipment Loss, Theft, or Damage. Equipment reported as lost, stolen, or otherwise damaged beyond its serviceable use, may be removed from inventory. In such cases, the Partner Agency must submit a written report narrating the equipment loss, theft, or damage circumstances. iv. Equipment Trade or Sale. Equipment may be removed from the inventory list when it is determined that the trade or sale of the equipment is beneficial for the Partner Agency. Any funds acquired during an approved sale of equipment shall be returned to CSP and reflected on the Financial Payment Reimbursement Request Form. v. Equipment Transfer. The transference of equipment may occur if the Partner Agency no longer needs or uses it. The CATPA Board will have final authority in approving requests for equipment transfers and reflected on the Partner Agency's inventory. COLORADO State Patrol De,2partncnt ;f PL,:al C Safct,; Other Terms and Conditions 1. Change of Personnel - The partner agency agrees to promptly give written notification to CSP of any changes in the authorized official, project director, financial officer, or grant-funded personnel. 2. Partner Agency Records and Retention A. Record Retention — The funds received in this Funding Award are for one year (the Grant Period). The Partner Agency shall maintain all funding related records for a period of five (5) years following the last day of the grant period. If there is any litigation, claim, or audit related to this Funding Award then retention starts before the expiration of the Record Retention requirement, this period shall extend until resolution of litigations, claims, or audit findings and final action taken by the CSP. For equipment records, the Record Retention Period shall be five (5)years following the purchase of such property. B. Records Inspection and Maintenance — The Partner Agency shall make, keep, maintain a complete file of all records, documents, communications, notes, and other written materials. The record should also include electronic media files and communications about the Funding Award work or the delivery of services and goods hereunder. The records shall be available for inspection and monitoring by CSP. The Partner Agency shall permit CSP to audit, inspect, examine, copy and transcribe Partner Agency records during the Record Retention period. Partner Agency shall make its records available during regular business hours at Partner Agency's office or place of business or at other mutually agreed upon times or locations. The Partner Agency will receive no fewer than two(2)Business Days' notice from the CSP unless CSP determines that a shorter period of notification, or no warning, is necessary to protect the interests of the CSP. 3. Final Audit Report— The Partner Agency shall promptly submit to GMO a copy of any final audit report performed on Partner Agency's records that relates to or affects this Funding Award, whether it is from CSP or a third party. 4. Discrimination-As a condition of receipt of state funds,you acknowledge and agree that you will not, on the grounds of race, color, religion, national origin, sex, or disability, unlawfully exclude any person from participation in, deny the benefits of, or employment to any person, or subject any person to discrimination in connection with any programs or activities funded in whole or in part with state funds. You will also not discriminate in the delivery of benefits or services based on age. These civil rights requirements are found in COLORADO State Patrol Dep rtr i€r' it ;t Pun't, Safety, the non-discrimination provisions of Title VI of Civil Rights Act of 1964, as amended (42 U.S.C. §2000d); the Omnibus Crime Control and Safe Streets Act of 1968, as amended (42 U.S.C. §3789d); Section 504 of the Rehabilitation Act of 1973,as amended(29 U.S.C. §794); and the Age Discrimination Act of 1975, as amended (42 U.S.C. §6101). 5. Equal Employment Opportunity - The Partner Agency must comply with the federal regulations pertaining to the development and implementation of an Equal Employment Opportunity Plan (28 C.F.R. Part 42 subpart E). 6. Subawarding Partner Agency Funds - The Partner Agency shall not subaward or pass through to another entity these funds such as, but not limited to, public and private agencies, nor to any persons. 7. Criminal Law Violations - Subrecipients must timely disclose in writing to the BATTLE Project Director all state and federal criminal law violations involving fraud, bribery,or gratuity that may potentially affect the awarded state funding. Failure to make required disclosures can result in any remedies, including suspension or revoking awarded funds. 8. Conflicts of Interest A. Actual Conflicts of Interest. The Partner Agency shall not engage in any business or activities or maintain any relationships that conflict in any way with the full performance of the obligations of Partner Agency under this Agreement. Such a conflict of interest would arise when the Partner Agency's employee, officer or agent were to offer or provide any tangible personal benefit to an employee,or any member of his or her immediate family or his or her partner, related to the award management or oversight of this Agreement. B. Apparent Conflicts of Interest. Partner Agency acknowledges that, concerning this Funding Award, even the appearance of a conflict of interest shall be harmful to CSP's interests. The Partner Agency shall refrain from any practices, activities, or relationships that reasonably appear to conflict with the full performance of Partner Agency's obligations under this Funding Award, unless prior written approval is obtained from CSP. C. Disclosure to the State - If a conflict or the appearance of a conflict arises, or if Partner Agency is uncertain whether a conflict or the appearance of a conflict has arisen, Partner Agency shall submit to CSP a disclosure statement setting forth the relevant details for the State's consideration. Failure to promptly submit a disclosure statement or follow the CSP's direction regarding the actual or apparent conflict constitutes a breach of this Funding Award. COLORADO . " State Patrol Department of Public Safety Return: The Partner Agency will sign a copy of the Funding Award and return the agreement to the CSP BATTLE email. Once CSP obtains all signatures,the Partner Agency will receive a copy of this agreement. The parties hereto have executed this binding Funding Award. Persons signing for Partner Agency hereby swear and affirm that they are authorized to act on Partner Agency's behalf and acknowledge that the Colorado State Patrol relies on their representations to that effect. The Funding Award may be executed in two or more counterparts, each of which together shall be deemed an original, but all of which together shall constitute one and the same instrument. In the event that any signature is delivered by facsimile transmission or by e-mail delivery as a scanned".pdf' format data file, such signature shall create a valid and binding obligation of the party executing with the same force and effect as if such facsimile or".pdf' signature page was an original thereof. SIGNATURES PARTNER AGENCY COLORADO STATE PATROL City of Pueblo Police Department Legal Name of Partner Agency • icholas A. Gra i ayor of ueblo Matthew Beaudin, Captain Y p BATTLE Project Director &/ 30 /a021 06/30/21 Date Signed Date signed 9 MEMORANDUM of UNDERSTANDING Beat Auto Theft Through Law Enforcement This Memorandum of Understanding (MOU) is entered into by the Sheriff, Chief or Law Enforcement Agency Director(or designee) of the agencies who subsequently agree to the terms of this MOU. Purpose: The purpose of this MOU is to outline the overall mission of the Beat Auto Theft Through Law Enforcement Team (BATTLE) and delineate the responsibilities between the participating member agencies listed above and any additional agencies that have agreed to this MOU. This MOU will formalize the relationship between participating agencies for policy guidance, planning, training, public relations, and media relations in order to maximize interagency cooperation. This will also create a cohesive unit capable of addressing the emerging organized auto theft problem facing Colorado law enforcement agencies. Each participating agency agrees that its law enforcement personnel and/or its equipment may be used in conducting overt and covert investigations involving organized or multiple-motor vehicle thefts,chop shops, and fencing of stolen motor vehicles and/or motor vehicles parts. This MOU provides functions or services, including the sharing of services or functions by political subdivisions of the State of Colorado, specifically authorized by CRS 29-1-203. In addition,this MOU sets forth the intent of the signatories to participate in BATTLE. Mission: The mission of BATTLE is to thoroughly investigate reported auto theft crimes,auto theft related crimes,apprehend criminals, recover property, and proactively prevent auto theft by utilizing: • A multi jurisdictional approach • Innovative intelligence-led investigative techniques • Agency collaboration and information sharing • Data collection and analysis • Community education and involvement • Prosecutorial partnership within the judicial districts Participation: BATTLE is a part-time initiative designed to facilitate complex vehicle crime investigations. It is not intended to be a full-time task force requiring assignment of personnel. BATTLE will be activated when a member agency has a multi jurisdictional auto theft investigation and requires additional personnel to properly investigate the case. BATTLE task forces will be regionalized into four areas. BATTLE South, BATTLE North, BATTLE West, and BATTLE Southwest. Member agencies will be a partner in one of these four regional task forces. Agencies requesting activation of BATTLE must be able to assign a minimum of one investigator or detective to participate in BATTLE operations. That investigator or detective will serve as case agent for the operation. The requesting agency may provide a supervisor for the operation for the purpose of operational plan review. Regional quarterly meetings will be held with the agency heads or designees who are expected to serve in an advisory role to the task force. At these meetings the BATTLE Commander will provide information on investigations within the previous quarter. The 13A FITS Commander will also lead a discussion about investigative and arrest tactics being used and any new tactics being considered. The BATTLE' Task Force Director will provide information on all training within the last quarter and equipment status and needs. Such briefings will also serve as a forum to address any issues of mutual concern to the participating agencies or provide guidance to the BATTLE Commander and BA"T"TLE Task Force Director. Supervision: When multiple supervisors are participating in a BATTLE operation, only one predetermined supervisor will provide field supervision during the operational period to include search and arrest warrant execution. Selection of that supervisor will be at the discretion of the BATTLE Commander. Operational plan review shall he conducted by the BATTLE Commander and may be reviewed by the BATTLE Task Force Director. Final approval or disapproval of the plan resides with the BATTLE Commander. Composition: BATTLE will consist of a combined law enforcement body from the participating agencies with the Colorado State Patrol as the lead agency. In addition, any additional participating agency that subsequently agrees to the terms of this MU will support BATTLE. Each participating agency agrees to provide personnel to allow BATTLE to accomplish its mission. Specific control of BATTLE members shall be retained by the respective parent agency head or designee, who will he kept informed of all investigative developments by their respective subordinates. The Colorado State Patrol is the lead agency in BAT'T'LE. The Captain of the Colorado State Patrol's Investigative Services Section will act as the BATTLE Commander. The Colorado State Patrol will assign a Chief Financial Officer for BATTLE. A supervisor from a participating agency within each region shall be selected to serve as the BATTLE Task Force Director. The BATTLE Task Force Director will assure that the regional BATTLE task force has the equipment, training and support necessary to carry out its mission. The primary BATTLE supervisor will be the CSP Sergeant, or other designated supervisor, as assigned by the BATTLE Commander. The primary BATTLE Supervisor will have field supervisory responsibility of all team members during BA'T'TLE activities and will ensure that BATTLE Operational Guidelines are followed. The Colorado Attorney General's Office will serve as legal advisor to BATTLE. Liability: Each participating agency acknowledges that applicable Colorado State laws govern liability for its employees while they are participating as a member of BATTLE. Liability for individual BATTLE members is the sole responsibility of each of the participating agencies or employees and none of the agencies or employees waives or limits the benefits or protections afforded by the Colorado Governmental Immunity Act C.R.S. 24-10-101 et sec] and Article XI of the Colorado Constitution. Liability shall not be the responsibility of BATTLE. Participating agencies and individual BATTLE members agree they will not be responsible or liable for acts performed by personnel of other member agencies while performing BATTLE activities. Each participating agency will be provided with a copy of the Operational Guidelines for BATTLE. Each BATTLE member will be required to follow the rules and regulations of their parent agencies unless BATTLE guidelines are stricter. In the event of any conflict between any provision of this MOU and the Operational Guidelines, the provisions of this MOU shall control and prevail. Each participating member remains an employee of their parent agency and each agency is responsible for salary, worker's compensation, and other benefits afforded their agency members. Salary/Overtime: The Colorado State Patrol will issue purchase orders that authorize the reimbursement of overtime incurred in furtherance of BATTLE objectives as outlined in the BATTLE Operational Guidelines. Overtime reimbursement is based on,and limited by, grant allocations. Assignment of Cases: All cases assigned or developed will be jointly investigated by BATTLE. The development of operational teams within BATTLE may be necessary to effectively accomplish the mission. Such teams will consist of a BATTLE member from the requesting agency and a Colorado State Patrol investigator and any additional detectives or investigators as needed. The parties agree to work within the multi-jurisdictional spirit of the Colorado Auto (heft Prevention Authority (CATPA) legislation. All law enforcement actions will be coordinated and cooperatively carried out. Deconfliction: Use of Rocky Mountain High Intensity Drug Trafficking Area (RMHIDTA) Watch Center is mandatory for BATTLE operations to avoid conflicts with another agency or task force operation. Records: All BATTLE investigative records will be maintained in a secure location by the initiating agency who is the custodian of record. Copies of all documents generated by BATTLE with respect to an investigation shall be provided to the BATTLE Commander or his/her designee unless prohibited by that agency's regulations and/or applicable State or Federal law. Classified information and/or documents containing information that identifies or tends to identify a BATTLE informant shall he maintained by the initiating agency in accordance with that agency's policies regarding intelligence and confidential informant handling. Prosecutions: The detective, supervisor, appropriate district attorney, and the Colorado Attorney General's Office liaison will make a determination, on a case-by-case basis, whether the filing of a specific BATTLE investigation should be filed with the local district attorney or the State Attorney General's Office. The determination will be made at the earliest possible time based on the evidence obtained and a consideration of which level of prosecution would be of the greatest benefit to the overall objectives of BA'T'TLE. Incidents involving Team Members: Should a BATTLE member he involved in a "critical incident" (deadly force encounter) relating to and in the scope of BATTLE duties, established critical incident teams will be utilized. Investigation of critical incidents that occur in areas without a critical incident team will be investigated by the agency having jurisdiction. Investigative assistance may he requested from the Colorado Bureau of Investigation as needed. The agency of the member involved in the incident will be responsible for conducting their own internal investigation. Should BATTLE 3 members from more than one agency become involved in an incident, participating agencies in this MOU agree to conduct independent investigations unless it is cooperatively determined by the appropriate supervisor(s)that a joint investigation would be in the best interest of the agencies involved. E lowever, if the agencies involved in an incident agree to conduct their own investigation, each agency agrees it will conduct its respective investigation in a manner that doesn't interfere with or hamper the investigation(s)of any other agency(s). The primary BATTLE supervisor will notify the parent agency supervisor in any instance of a complaint against a BATTLE member arising from BATTLE duties. The parent agency is solely responsible for administrative investigations and complaint resolution for their employee and any disciplinary or corrective action will be the prerogative of the member's agency. Investigative Methods: The majority of BATTLE cases will be prosecuted at the State level. Therefore, BATTLE participants agree to conform to State standards concerning the collection, processing, and storage of evidence and electronic surveillance. In addition, the use of other investigative methods (i.e. search warrants and intercepts of oral communication) and reporting procedures in connection therewith will he consistent with the policies and procedures of the State of Colorado and each participating agency. Evidence will be maintained and processed by the initiating agency under that agency's established guidelines. Undercover Operations: All BATTLE operations will be conducted and reviewed in accordance with BATTLE Operational Guidelines and applicable State and Federal laws. Officer safety is a top priority with multi-jurisdictional task forces. In the planning and execution of an undercover operation, first priority should be given to the safety of ALL persons, second priority to the security of the official funds, and third priority to the attainment of the investigative objective. All investigators will have available with them the following equipment: • Attire with Police,Agent,Sheriff, or'l'rooper Markings • Department approved firearm • Flashlight • handcuffs • Soft body armor • Radio • Cellphone BATTLE members will support each other's jurisdictional boundaries. When an ongoing investigation crosses jurisdictional boundaries, the initiating BATTLE member or BATTLE supervisor will communicate with a task force officer or other responsible member of the home agency to share information and intelligence, as well as work jointly to complete the investigation if warranted. Informants: Informant handling and documentation will be conducted in accordance with the initiating agency's policy. Informants will need to be registered with BATTLE and obtain a BATTLE number for tracking purposes. No documents will be prepared or disseminated outside BATTLE that would identify or tend to identify an informant. When possible,the informant will be referred to by a code name or number 4 so as not to reveal his/her identity. If any information on a confidential informant(Cl) becomes the subject of a discovery motion or court order in any State, Federal or Local proceeding, all participating agencies agree that they will notify each other prior to disclosure. Each agency will attempt to protect the interest of the other participating agencies in addition to its own interests and those of the CI. Each agency's designated supervisor for Cls will oversee all aspects of informant development, control,and management in furtherance of BATTLE investigations. Vehicles: All participating agencies agree to supply their members with a vehicle for use by their employee. Vehicles will only be driven by members of the parent agency, except in an emergency. The participating agency shall be responsible for expenses related to the operation and repair of that agency's vehicle. Property: Property and equipment of BATTLE will he properly maintained and cared for by BA I'TLE members. All capital equipment, defined as an item purchased at $5,000 or more using funds under a CATPA grant, must be inventoried prior to August 1 of each year. Any new capital equipment purchased under the conditions of this grant project shall be added to the inventory and submitted to the BATTLE Task Force Director upon receipt. Capital equipment becomes the property of the recipient agency and remains in its possession so long as it continues to he used for auto theft prevention activities in support of BATTLE and CATPA. All property and equipment shall be inventoried at least once per year by the BA'I'TLE Task Force Director and said inventory reported to the BATTLE Commander prior to August 1 of each year. Training: Training for BATTLE members will be conducted quarterly. All BATTLE members must complete each quarterly training. Any deviation from this requirement must be approved by the BATIT,E. Task Force Director and placed in the grant tile. A Training Planning Report and lesson plan will be put out prior to the training by the BATTLE Commander or his/her designee. Once the training has been completed, the BATTLE Task Force Director or his/her designee will complete a Training Evaluation Report and submit said report to the BATTLE Commander within 15 days of the completion of the training. At least one member from each agency that receives BATTLE funding must attend a minimum of six (6) of the twelve (12) monthly CATI meetings per year. The attendance may be in person or via weblink. Media Relations: The BATTLE Commander or his/her designee has the responsibility to coordinate the release of information to the news media and to the public through the Public Information Officer of the involved jurisdiction and the Colorado State Patrol Public Affairs Section. Media inquiries made to individual participating agencies shall he referred to the BA"f"fLE Commander. At major crime scenes or following major incidents, the BATTLE Commander or designee will coordinate with the Public Information Officer of the jurisdiction(s) involved to ensure appropriate and accurate news releases are made. The BATTLE Commander or designee will ensure that each member agency receives equal public recognition for publicized BATTLE operations. 5 Duration: The term of this MOU is for three years begining on July 1, 2021 and ending on June 30, 2024, or until the MOU is terminated by one of the parties, whichever occurs sooner. Any participating agency may withdraw from BATTLE at any time by written notification to the BATTLE Commander at least 30 days prior to withdrawal. Upon termination of the MOU, all equipment provided to a participating agency by BATTLE will be returned to BATTLE. Modification: This MOU, together with all exhibits attached hereto, constitutes the entire MOU between the agencies hereto, and all other representations or statements heretofore made, verbal or written, are merged herein. This MOU may be modified at any time by written consent of all participating agencies through the BATTLE Commander. Modifications to this MOU shall have no force and effect unless such modifications are reduced to writing and signed by an authorized representative of each participating agency. Forfeitures: The processing of seized assets for forfeiture obtained during BATTLE operations will be the responsibility of the agency filing the criminal case. Asset forfeitures will be conducted in accordance with rules and regulations set forth by the Federal government and/or the State of Colorado and BATTLE Operational Guidelines. Participating agencies agree to recommend that any recoverable forfeiture, attributable to a BATTLE investigation, may be transferred to the Colorado Auto Theft Prevention Authority under the guidelines established in C.R.S. 42-5-112 (4)(a).and in compliance with the Colorado Civil Forfeiture Statute, C.R.S. 16-13-31 I et seq. Specific Requirements: Participating agencies will send at least one representative to the kick-off meeting and each quarterly briefing scheduled during the task force operational period. Participating agencies will provide the BATTLE Task Force Director with information for their point of contact person. If the participating agency's point of contact changes,that agency will provide new point of contact information to the BATT LF Task Force Director within two weeks of the change. The BATTLE Task Force Director will then make notice of the change to the BATTLE Commander. Participating agencies will be provided an electronic, monthly reporting template to capture BATTLE-related statistics. Participating agencies will provide the BATTLE Task Force Director with a completed monthly report, via email, by the 15'day of the month following the reporting month. A total of twelve (12) monthly reports shall be provided to the BATTLE Task Force Director in this manner during the grant period. The BATTLE Task Force Director will then forward each monthly report to the BATTLE Commander. Miscellaneous Provisions: It is specifically agreed among the agencies that this MOU is not intended by any of its terms, provisions, or conditions to create in the public or in any individual member of the public a third party beneficiary relationship, or to authorize any person not a party to this MOU to maintain suit for personal injuries or property damage pursuant to the terms, conditions or provisions of this MOU. The headings of the several articles and sections of this MOU are inserted only as a matter of convenience and for reference and do not define or limit the scope or intent of any provisions of this MOU and shall not be construed to affect in any manner the terms and provisions or the interpretation or construction of the MOU. 6 This Memorandum of Understanding may be executed in multiple counterparts, each of which shall be deemed to be an original instrument, but all of which taken together, shall constitute one instrument. The agencies represent or warrant to each other that they have all the necessary authority to enter into this MOU and to perform their obligations hereunder. Participating Agency signature(s) By signing this Memorandum of Understanding your agency agrees to conditions set forth in the memorandum and the Operational Guidelines for the Beat Auto Theft Through Law Enforcement Team. 1. Agency- PUt 1 PoII Lt 0 tot . Date- 12 / Please print Agency NAme Name- • of •need Signature Lt.Colonel Barry o�gn•uv�a,Pa or n.«mi xew n.w Bratt „a,r1��z01 1010,1/ ,•,,,,,„•,r,„,, , 1e,0 WOO Date- 01/05/2021 Lieutenant Colonel Barry Bratt Colorado State Patrol 7