HomeMy WebLinkAbout2016 Ordinance No. 004, .
•
•
ORDINANCE NO. i
SERIES OF 2016
BY AUTI:IORITY
COUNCIL BILL NO. 2
INTRODUCED BY COUNCIL
MEMBER YATES
AN ORDINANCE AUTI:IORIZING AN INTERGOVERNMENTAL AGREEMENT AMONG
THE COLORADO CITIES OF AURORA, ENGLEWOOD, LAKEWOOD AND WHEAT
RIDGE; THE CITY AND COUNTY OF DENVER; THE OFFICES OF THE DISTRlCT
ATTORNEYS FOR THE FIRST AND SECOND ruDICIAL DISTRICTS OF COLORADO;
THE COLORADO COUNTIES OF ADAMS, ARAPAHOE AND JEFFERSON; AND THE
STATE OF COLORADO TO ESTABLISH A COLORADO AUTO THEFT PREVENTION
AlITHORITY-METROPOLIT AN AUTO THEFf TASK FORCE.
WHEREAS, Article XIV, Section 18 of the Colorado Constitution and Part 2, Article 1, Title
29, Colorado Revised Statutes (C.R.S.), encourage and authorize intergovernmental agreements
among government entities to cooperate and contract with one another to provide any function,
service or facility lawfully authorized to each; and
WHEREAS, the City Council of the City of Englewood authorized an Intergovernmental
Agreement with the East Metro Auto Theft Team (EMATT) MOU for participating agencies
between the Colorado State Patrol, the Counties of Arapahoe and Douglas and the cities of
Aurora, Commerce City and Englewood to combat auto thefts and vehicle insurance fraud in the
East Metro Area by the passage of Ordinance No. 7, Series of 2014; and
WHEREAS, in July 2015 the name changed to the Colorado Auto Theft Prevention Authority
-Metro Auto Theft Team (C-MATT) due to a consolidation of three different auto task forces:
EMATT, Beat Auto Theft Through Law Enforcement (BATTLE) and Metropolitan Auto Theft
Task Force (MATT); and
WHEREAS, contiguous boundaries between and among the Parties often result in more than one
law enforcement agency becoming involved in the investigation of criminal activities; and
WHEREAS, the ability of a Party to respond to criminal activities may be limited by the Party's
personnel and equipment; and
WHEREAS, it is in the best interest of the Parties to maintain uniform equipment, training,
policies, procedures and personnel standards pertaining to the investigation of auto theft, fencing of
stolen property, operation of chop shops and related offenses so that each may have the service of the
other Parties to assist in the identification, investigation and prosecution of individuals and groups
involved in the theft of motor vehicles and associated criminal activities; and
1
WHEREAS, 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 vehicles thefts, chop shops and fencing of stolen motor vehicles and/or motor vehicles parts;
and
WHEREAS, one Investigator from Englewood Police Department will be assigned to C-MATI to
assist in criminal investigations of issues effecting not only Englewood but the entire Denver
metropolitan area; and
WHEREAS, the C-MATT is funded through Colorado Auto Theft Prevention Authority
(CATPA), no federal funds are used.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS:
Section 1. The Intergovernmental Agreement among the Colorado Cities of Aurora, Englewood,
Lakewood and Wheat Ridge; the City and County of Denver; the Offices of the District Attorneys for
the First and Second Judicial Districts of Colorado; the Colorado Counties of Adams, Arapahoe and
Jefferson; and the State of Colorado to Establish a Colorado Auto Theft Prevention Authority-
Metropolitan Auto Theft Task Force, attached hereto as Exhibit A, is hereby accepted and approved
by the Englewood City Council.
Section 2. The Chief of the Englewood Police Department is authorized to execute and attest said
Agreement for and on behalf of the City of Englewood.
Introduced, read in full, and passed on first reading on the 19th day of January, 2016.
Published by Title as a Bill for an Ordinance in the City's official newspaper on the 21st day of
January, 2016.
Published as a Bill for an Ordinance on the City's official website beginning on the 20th day of
January, 2016 for thirty (30) days.
Read by title and passed on final reading on the 1st day of February, 2016.
Published by title in the City's official newspaper as Ordinance No.~ Series of 2016, on
the 4th day of February, 2016.
Published by title on the City's official website beginning on the 3 d day of
February, 2016 for thirty (30) days .
2
•
•
•
I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the
above and foregoing is tf.1:e copy of the Ordinance passed on final reading and published by
title as Ordinance No. T Series of 2016.
3
AN INTERGOVERNMENTAL AGREEMENT AMONG THE COLORADO CITIES OF AURORA,
ENGLEWOOD, LAKEWOOD AND WHEAT RIDGE; THE CITY AND COUNTY OF DENVERi
THE OFFICES OF THE DISTRICT ATTORNEYS FOR THE FIRST AND SECOND JUDICIAL
DISTRICTS OF COLORADO; THE COLORADO COUNTIES OF ADAMS, ARAPAHOE AND
JEFFERSON; AND THE STATE OF COl:.ORADO TO ESTABLISH A COLORADO AUTO
THEFT PREVENTION AUTHORITY-METROPOLITAN AUTO THEFT TASK FORCE
THIS INTERGOVERNMENTAL AGREEMENT (the "Agreemenr) is entered Into this
_ day of ____ 20_ (the "Effective Date•), by and among the Colorado Cities of
Aurora, Englewood, Lakewood and Wheat Ridge, the City and County of Denver c•Denver"), the
District Attorney Offices for the First Judlcial District and Second Judlclal District of Colorado ,
the Colorado Counties of Adams, Arapahoe and Jefferson on and behalf of their Sheriff's
Departments (the "Counties"), and the State of Colorado on behalf of the Colorado State Patrol
(each, a ~Party;• collectively, the "Parties•).
WHEREAS, Article XIV, Section 18 of the Colorado Constitution and Part 2, Article 1,
Title 29, Colorado Revised Statutes (•C.R.S.j, encourage and authorize lntergovemmental
agreements among government entitles to cooperate and contract with one another to provide
any function, service or faclllty lawfully authorized to each:
WHEREAS, the Parties are each authorized to lawfully provide, establish, maintain and
operate law enforcement and other emergency services;
WHEREAS, contiguous boundaries between and among the Parties often result In more
than .one law.enforcement.agency~becomlng.lnvolved.ln.th~lnvestlgatlon.of .criminal.activities;.. ..
WHEREAS, the ablllty of a Party to respond to criminal activities may be limited by the
Party's personnel and equipment;
WHEREAS, It Is In the best interest of the Parties to maintain uniform equipment,
training, policies, procedures and personnel standards pertaining to the Investigation of auto
theft, fencing of stolen property, operation of chop shops and related offenses so that each may
have the service of the other Parties to assist in the identification, investigation and prosecution
of individuals and grcups involved in the theft of motor vehicles and associated criminal
activities.
WHEREAS, the Colorado Automobile Theft Prevention Authority rcATPA•) has offered
to provide funding for a single auto theft task force for the Denver Metropolitan Area;
WHEREAS, the Parties wish to cooperate in the creation and Implementation of a
CATPA-Metropolitan Auto Theft Task Force (•C-MATT") for the identification, Investigation and
prosecution of i,idlvfduals and groups Involved In the theft of motor vehicles, the fencing of
stolen property. the operation of chop shops and other associated criminal activities;
WHEREAS, the Parties may, In the future, wtsh to allow other governmental agencies or
entitles to join as parties to this Agreement and to allow those other agencies or entitles to join
C-MA TT under the terms and conditions set forth herein or as otherwise agreed upon; and
WHEREAS, the establishment of C-MATT serves a public purpose and will promote the
safety, security and general welfare of the Inhabitants of the Denver Metropolitan Area.
Page 1 of 12
•
• •
•
NOW, THEREFORE, the Parties agree as follows:
1.0 DEFINITIONS
In addition to the tenns defined elsewhere In this Agreement, the following definitions will
apply:
Agency of Recorr:I shall be the Party that provides the C-MATT Commander and all
accounting, financial planning and payment services on behalf of C-MA TT, the duties
and responsibilities of which are more particularly set forth in Section 8 herein.
Criminal Justice Record(s) has the same meaning as •cnmlnal justice records• as
defined in C.R.S. § 24-72-302(4), as may from time to time be amended.
Grant means the funds awarded by CATPA to establish and operate C-MATT and
Includes the governing documents therefor.
Net Forfeitures means the money available after deducting all applicable expenses
associated with the operation of C-MATT, Including the division of seized assets with
agencies not a Party.
Public Record has the same meaning as defined In the Colorado Open Records Ad,
C.R.S. §§ 24-72-201, et seq., as may from time to time be amended.
_ 2.1!_ _.. INTENT
2.1 It Is the Intention of the Parties to facilitate cooperation among themselves In the
Identification, Investigation and prosecution of Individuals and groups In the
Denver MetropolRan Area Involved in: (i) auto theft; (IQ the fenc ing of stolen
property; (IIQ the operation of chop shops; and (Iv) other, associated criminal
activities, but not to establish a separate legal entity to do so.
2.2 Except as expressly set forth herein, this Agreement shall not authorize any
Party to act on behalf of any other Party for any purpose whatsoever.
2.3 This Agreement shall provide only for sharing of In-kind services and costs by the
Parties toward the establishment of a common mutual goal: the joint
development and operation of C-MATT.
3.0 PERSONNEL
3. 1 Commitment of Personnel. Each Party agrees, subject to the limitations herein
set forth, to aid and assist the other Parties by causing and pennlttlng its law
enforcement personnel and equipment to be used In conducting overt and covert
Investigations In the jurisdiction of any of the others in events such as the theft of
motor vehicles, fencing of stolen property, operation of chop shops and other
related offenses or other exceptional instances when covert Investigation
procedures are needed in the jurisdiction served by one Party which are in the
common Interest of the law enforcement agency of each Party. It is understood
and agreed that each Party shall maintain a level of personnel and equ ipment
necessary to meet its obligations under this Agreement.
Page2 of 12
3.2 Responslb!Uty for Salary and Benefits of PersonnQI, Employees of Parties who
are assigned to C-MA TT re-MA TT Personnel") shall remain employees of the
assigning Party for all purposes and are not considered employees of C-MAlT or
any other Party. Each Party shall be responsible for the salary, overtime pay,
benefits, lnsurance, Including workers' compensation, and all related employee
costs of every kind for each C-MATT Employee the Party assigns to C-MAlT.
Each Party may apply to the Agency of. Record for reimbursement of any such
costs and receive reimbursement to the extent any such reimbursement Is
authorized by the Grant
3.3 Assignment of Personnel. For law enforcement officers to be eligible for
assignment to C-MA TT, such officers must pass and maintain pertinent and
lawful performance standards as required by the Peace Officer Standards and
Training Board and those required by the assigning Party.
3.4 Dlsclpllne of Personnel.
3.4.1 Disputes among C-MATT Personnel shall be resolved cooperatively
among the C-MATT Personnel and their assigned Sergeant(s). If the
dispute cannot be resolved cooperatively among the C-MA TT Personnel
and their assigned Sergeant(s), the dispute shall be elevated to the C.
Matt Commander who shall attempt to resolve the dispute In conjunction
with tha employing Parties• supervisor{s) of the involved C-MATT
Personnel. If such elevation fails to resolve the dispute, the dispute shall
.. ~--. ···-. be..elevatecUo-the-lnvolved -P-arty-employer(a)..= In -the-event~the -dispute -•
remains unreaolved1 the Dispute Resolution provisions of Section 16.6
herein shall be Implemented.
3.4.2 Any dlsclpllnary adlon Imposed against C-MA TT Personnel as a result of
his or her involvement or participation In C-MA TT shall be the
responsibility of the assigning Party.
3.5 Supervision of Personnel. C-MA TT Personnel shall be subject to the authority of
supervisory and command personnel assigned to C-MATT regardless of which
Party assigned the C-MA TT Personnel; provided, however. that C-MA TT
Personnel shall continue to be subject to the laws, regulations, policies and
personnel rules of the Party assigning the C-MA TT Personnel. The authority of
C-MA TT supervisory and command personnel Is not intended to supersede the
regulations, policies, proceduras or personnel rules of any Party.
3.6 Provision of Equipment Each Party Is responsible for providing personal
equipment required for the execution of law enforcement duties to all of Its law
enforcement officers assigned to C-MATT re-MATT Officers").
4. LAW ENFORCEMENT AUTHORITY
All C-MA TT Officers will be deputized, commissioned or authorized to act with full peace
officer authority by each of the Counties and by Denver. Each C-MA TT Officer shall
have the full status and authority otherwise afforded a peace officer, as described in
C.R.S. § 16-2.5-101, whHe acting on-duty within the course and scope of such officer's
Page 3of 12
•
•
authority and In the performance of such C-MA TT Officer's duties within the jurisdiction
of any Party.
5. COMMAND AND SUPERVISION
5.1 C-MATT Commander. The C-MA TT Commander Is the highest ranking
command officer within C-MA TT and Is responsible for the overall oversight of
the operational, administrative and budgetary duties outlined In the Grant
directives and agreements.
5.2 Assignment of C-MATT Commander. The Initial C-MATT Commander will be a
Lakewood Police Department Commander unless and until another Party takes
over the duties and responsibilities of the Agency of Record, as set forth in
Section 8.1 herein.
5.3 ResponsiblUtles of C-MATT Commander. The C-MATT Commander ls
responsible for monitoring C-MA TT progress, providing the Governing Board a
monthly written report of such progress and establishing policies and procedures
for the operation of C-MA TT.
5.4 liaison Responsibility of C-MATT Commander. The C-MATT Commander will
liaison with the Colorado State Patrol Captain assigned to the statewide task
force, the Aurora Police Department Ueutenant and CATPA staff to establish
goal-setting benchmarks and coordinate major Investigations between the C-
-_ _ .... -MAT.l'.·and . the.statewide .task.force. · · ·
5.5 Personnel Assisting C-MAT[ Commander. The C-MATT Commander will be
assisted by a grant manager and an investigative technician assigned by the
Agency of Record.
5.8 C-MATT Sergeants. The Parties will assign four (4) Sergeants to C-MATT. The
City of Aurora ("Aurora;, the Colorado State Patrol c•csp•), the City and County
of Denver {"Denver"} and the City of Lakewood (•Lakewood•) will each assign
one (1) Sergeant In the event a Party assigning a Sergeant terminates its
participation In this Agreement or desires to remove its Sergeant from such
assignment the C-MATT Governing Board (described below) shall choose a
Party, with such Party's approval, to assign a Sergeant to C-MATT.
5. 7 Responsibilities of C:MATT Sergeants. The C-MA TT Sergeants are responsible
for day-to-day tactical and operational abilities of C-MATT. The C-MATT
Sergeants will act as the contact persons for the Parties for information regarding
suspect Information, modus operandi and obtaining assistance In a police
operation. The C-MA TT Sergeants are responsible for administrative tracking of
investigative data needs, Investigative case flow and closure, the direct
supervision of Investigative and administrative support staff, the provision of
subordinate guidance and direction, and the Implementation of C-MA TT Polley
and Procedure.
Page4of 12
6. GOVERNING BOARD
6.1 Creation of Govemlnq Board. The Parties hereby estabffsh a Governing Board
far the purpose ·of overseeing and directing operaUonal, personnel, equlpmen~
training and administrative matters of ccncem to C-MA TT (the •eoard•).
8.2 Board Membership. Each Party shall designate Its Chief of Police, Sheriff,
District Attorney or deslgnees thereof as a Member of the Board (each, a
•Member").
6.3 Voting and Quorum. Each Member shall be entitled to one (1) vote on any
matter coming before the Board. The attendance of at least a majority of all the
Members shall constitute a quorum. Approval of any matter before the Board
shall require the affinnativa vote of a simple majority of the Members present at
any meeting at which there Is a quorum, except as otherwise specified In this
Agreement.
6.4 Budget The Board shall oversee the C-MATT budget. Any requests for
overtime monies associated with exceptional Instances Involving overt or covert
operations that go beyond the normal scope of Investigative techniques, to
Include, but not limited to, extensive survelllance, wiretaps and grand Jury
investigations, shall be authorized by the Board prior to the commencement of
such operation •
.. ____ ·-... 6.5. __ Performance Evaluation of C-MATT.~_on an annual.basls,Jhe.Board.will.evaluate ... " ·A
the performance of C-MATT and assess the need to continue, modify or expand W
c.MATT.
7.0 FUNDING
C-MA TT funding shall be provided by the Grant, and any matching funds required by the
Grant will be contributed by the Parties based upon a percentage of each Party's salary
contribution to C-MA TT as follows:
7.1 The Grant currently funds eighty percent (80%) of the cost (Including salaries and
benefits), and one hundred percent (100%) of overtime pay, for C-MATT
Personnel. Based on the foregoing, each Party shall be responsible for the
remaining costs (Including salaries and benefits) of C-MATT Personnel each
such Party assigns to C-MATT.
7.2 In the event In any year the Grant provides more or less funding for the above,
each Party's responslblllty for the remaining costs shall increase or decrease
accordingly.
7.3 Upon addition of a new Party to C-MATT as provided In Section 12 below, the
Board shall request an Increase In the Grant to ensure the Grant continues to
fund at least eighty percent (80%) of the cost (Including salaries and benefits},
and one hundred percent (100%) of overtime pay, for au C-MATT Personnel.
Page 5 of 12
•
8.0 AGENCY OF RECORD; GENERAL FINANCIAL TERMS AND OBLIGATIONS
B.1 Agency of Record. To ensure consistency, transparency and accountability, one
Party will serve as the Agency of Record. Lakewood will act as the lnHlal Agency
of Record for C-MATT. The Board may at any time agree to appoint a successor
Agency of Record from among the Parties.
B.2 Duties and Responsibilities as Fiscal Agent The Agency of Record shall serve
as the fiscal agent for C-MA TT and will work With the C-MA TT Commander to
establlsh an annual financial plan for presentation to and approval by the Board
and to establish all accounts necessary to facllltate the ongoing operation and
administration of C-MATT. The Agency of Record shall be responsible for the
payment of all reasonable and necessary C-MA TT bills approved by the Board In
its annual financial plan and properly funded.
8.3
8.2.1. Administrator of Grant. The C-MA TT Commander will act as the
financlal manager of the Grant and of any further grants received from
the CATPA grant program. Any disbursement of grant funds to any
Party shall be In accordance with the tenns of the applicable granl
Deposits and Expenditures. AN C·MA TT funds will be managed by the Agency of
Record through Hs financial management system to allow for separate financial
reporting and accurate accountability of all such funds. The C-MA TT
Commander will have control over a separate fund, which will not exceed
$1.0,000tJo.be.used.to.support .~MAU.undercover.operatlons.
8.3.1 C-MATT Contracts. The Agency of Recordt In accordance with Its
Internal purchasing pollclea, shall enter into such contracts and
agreements necessary to procure goods and services required for
operation of C·MA TT, as approved by the Board in its annual financial
plan and properly funded.
8.3.2 Grant Agreements. By approval of this Agreement. Lakewood hereby
authorizes Its Chief of Police to execute grant agreements necessary for
the continuing funding of c-MA TT.
8.4 Annual Financial Report. Beginning In 2016, the Agency of Record will deliver an
annual financial report to the C-MA TT Commander on or before July 1 of each
year this Agreement is In effect. This annual financial report will Include an
accounting of all revenues and contributions, including forfeitures, If any, and all
expenses or costs related to the operation and administration of C-MATT.
8.5 Access to Financial Records and Reports. All financial records and reports of the
Agency of Record relating to the administration of this Agreement and the
operation and administration of C-MA TT will be open to Inspection at reasonable
times by all Parties and the public, Including an authorized auditor or
representative of a Party. Any Party, including the City and County of Denver
Auditor, may access and examine pertinent books, documents, papers and
records of the Agency of Record regarding transactions related to this Agreement
until the latter of three (3) years after the final payment under this Agreement or
the expiration of the appRcable statute of limitations, whichever occurs later.
Page6of 12
9.0 TERM
The initial term of this Agreement will ba for one (1) year commencing on the Effective
Date (the "Initial Term1, This Agreement shall automaUcally renew for subsequent one-
year terms (each, a "Renewal Tenn") unless terminated pursuant to Section 14 below.
10.0 FORFEITURES
10.1 Distribution of Forfeitures Resulting from C-MATT Operations. Net forfeitures
resulting from seizures of money and personal or real property resulting from C-
MA TT operations shall be maintained by C-MA TT following established forfeiture
guldellnes as set forth C.R.S. §§ 16-13-311 to 18-13-315. and the Colorado
Contraband Forfeiture Act, C.R.S. §§ 18,,13.S01, et seq.
10.2 Distribution of Forfeitures Outside of C:MATT Operations. Forfeitures resulting
from seizures of money and personal or real property resulting from any
individual Party's operations outside of C-MATT operations shall not be
cansldered C-MA TT funds, and shall be the sole property of the Party whose
operations generated the forfeiture assets.
10.3 Audit of Forfeiture Funds. C-MATT forfeiture funds will be audited on a quarterly
basis pursuant to the rules adopted by the Board. The results of the audit will be
presented to the Board for review. Members, at their discretion and Individual
agency expense, may elect to conduct an independent audit of the forfeiture
. ___ , _____ , __ funds,,_, ---------------------------0
10.4 Transfer of Forfeiture Funds. No forfeiture funds will be transferred to C-MA1T
for operational expenditures without the approval of the C-MATT Commander
and the Board.
11.0 C-MATT RECORDS
11.1 Colorado Open Records Ag . The Agency of Record will be the official custodian
of C-MATT records that are subject to the Colorado Open Records Act, C.R.S.
§§ 24-72-201, et seq. (•coRAj, and may release such records ln compliance
with the provisions of CORA.
11.2 Colorado Criminal Justice Records Act
11.2.1 The Agency of Record shall be the repository for law enforcement
investigative reports generated in furtherance of C-MATT's objectives.
Such reports shall constitute Criminal Justice Records.
11.2.2 The official custodian for records that are subject ta the Colorado Criminal
Justice Records Act, C.R.S. §§ 24-72-301 , et seq. (the •ccJRA•), shall
be the Party that generated the record. Each Party may release any C-
MATT Criminal Justice Records that are the records of that Party.
11.2.2.1 In the event the requester of records Is unwilling to contact the
official custodian, as Identified hereunder, the Fiscal Agent
shall Immediately notify the Party/les whose records are being •
Page 7 of 12
. '
It requested, and such Party/les shall provide to the requester
written justification for withholding such records, In compliance
with the CCRJA.
11.2.2.2 In the event the Agency of Record Is served with a Subpoena
Ducas Tecum or a court order ralaUng to a Party's records, the
Agency of Record shall Immediately notify such Party, and
such Party shall be responsible for responding to the
Subpoena Duces Tecum or.court order.
11.2.3 If a Party other than the Agency of Record receives a request or demand
from a third party for records or Information of one or more of the other
Parties pertaining to this Agreement, the Party recelvfng the request shall
Immediately notify such other Partynea.
11.3 Discovery Requests. The Agency of Record shall manage discovery requests
from prosecuting authorities,
11.4 No Abrogation. Nothing In this SecUon 11 shall be construed to modify or
abrogate any obligations Imposed pursuant to CORA or the CCJRA.
12.0 ADDITION OF NEW PARTIES
12.1 EHglblllty. Governmental entitles that provide law enforcement services and have
•
. ______________ a•contlguous boundary to any Party are eligible to become a Party_(each,.Jm
•eilglble Entity").
•
12.2 Process.
12.2.1 An Eligible Entity may become a Party upon the afflnnatlve vote of a
majority of all the Members (each, a "New Party"). The Board may
impose upon an Eligible Entity such terms and conditions deemed
reasonable and necessary for such approval.
12.2.2 Each New Party must sign a separate signature page to this
Agreement, and any amendments thereto, which states that the New
Party agrees to all the terms and conditions of membership In C-MATT.
13.0 BOOKING OF EVIDENCE
All evidence and property seized as a result of a C-MA TT operation shall be seized
Identified, preserved, booked and stored by the Party within whose jurisdiction the
property was seized pursuant to the policies and procedures currently in effect with the
Commission on AccredHatlon for Law Enforcement Agencies.
14.0 TERMINATION: WINDING UP
14.1 Individual Party Tennlnation. Any Party may terminate its participation In this
Agreement by giving written notice to the C-MA TT Commander at least thirty (30)
days prior to the date of such termination, unless the Board and such Party have
Page B of 12
agreed on a different notice period. The C-MA TT Commander will advise the
Board of any Partyts termination.
14.2 Tennlnation of Agreement bv Vote of the Parties.
14.2.1 Process. This Agreement may be terminated by the adaption, by a
majority of the governing bodies of all the Parties, of a resolution
approving such termination {a "Termination Resolutlan•). The effective
date of termination of this Agreement and of C-MA TT shall be thirty (30)
days after the date of the last Tennlnatlon Resolution adopted.
14.2.2 Winding-up. In the event of tennlnatlon of this Agreement by the
Parties, each Party will use Its best continuing efforts to wind-up in a
Umely manner Its obligations pursuant to this Agreement Upon
tennlnation of C-MA TT, any funds remaining after payment of all C-
MA TT debts and obligations shall be distributed In accordance with the
then-current CATPA Grant Agreement
14.3 Final Report. Within ninety (90) days after the termination of this Agreement or
of the end of the last Renewal Term of this Agreement, the Agency of Record will
Issue a final financial report accounting for any disbursements or distributions
made to any of the Parties and the disposition of C-MATT assets, if any.
15.0 INSURANCE
-·each-Party agrees to either self-Insure or maintain during the Initial Term and any
Renewal Term general llablllty Insurance, automobile liability Insurance, crime Insurance
or fidelity bond, and workers' compensation Insurance as to its own employees, all In
such coverage amounts as deemed reasonable by each Party.
15.1 Evidence of Insurance. Upon execution of this Agreement, each Party will
provide evidence of Its self~lnsurance or Insurance coverages to the other
Parties. The Parties will ensure that evidence of self-Insurance or certificates of
Insurance are Issued automatically on the anniversary of the Effective Date
throughout the Initial Tenn and any Renewal Tenns.
15.2 Requirements. The minimum Insurance coverage amounts required hereunder
for General LlabiHty and Automobile Insurance, unless the Party Is self-Insured,
shall be not less than $1,000,000. with an annual aggregate Rmit of not less than
$2,000,000.
16.0 GENERAL PROVISIONS
16.1 Authority. The ParUes each represent and warrant that they have taken all
actions necessary to legally authorize the undersigned signatories to execute this
Agreement on behalf of the Parties and to bind the Parties to Its terms.
16.2 Assignment. No Party shall assign this Agreement
16.3 Captions; Construction and Interpretation. The section headings and other
captions contained In this Agreement are for convenience and reference •
Page 9 of 12
. '
purposes only, are not part of the understanding of the Parties and will not in any
way affect the meaning or Interpretation of this Agreement.
16.4 Claims or Suits, The Parties agree that In the event any claim or suit Js brqughl
against any Party by any third party as a result of tha operation of this
Agreement, the Parties will cooperate with one another and with the Insuring
entitles of all Parties In defending such clalm or suit
16.5 Counterparts. This Agreement may be executed In ·multiple counterparts, each
of which shall be considered an original, and all of which together shell constitute
one and the same Instrument The signature page of any Party to any
counterpart will be deemed a signature, and may be appended, to any other
counterpart.
16.6 Dispute Resolution. The Board is authorized to resolve any issues or disputes
among the Parties. In the event of a dlspule among the Parties that cannot be
resolved by the Board, the Parties shall submit the dispute to mediation by a
mutually agreed upon mediation services provider. Should mediation occur, the
costs of any mediation shall be shared equally by the Parties to the mediation.
Participation In medlatiol'\ la mandatory before any civil action arising from or
relating to this Agreement Is filed by any Party. •
16. 7 Electronic Disposition and Signatures. The Parties acknowledge and agree that
the original of this Agreement. Including the signature page, may be scanned and
.. -· ... -_____ storedJn.a_computer.:.database~ar_simUar_devlce .and.JbaLany_pdntouLot..cther ___ , ____ ...
output readable by sight, the reproduction of which Is shown to accurately
. reproduce the original of this Agreement. may be used for any purpose as if tt
were the original, Including proof of the content of the original writing. The
Parties further consent to the use of electronic signatures; provided, however,
that no Party shall be oblfgated to use electronic signatures. This Agreement,
and any other documents requiring a signature hereunder, may be signed
etectronlcally by any Party In the manner specified by such Party. The Parties
agree not to deny the legal effect or enforceability of this Agreement or object to
the admlssiblllty of this Agreement solely because one or more Parties signed
this Agreement or any related document electronfcally.
16.8 Entire Agreement This Agreement represents the entire agreement between the
Parties, and there· are no oral or collateral agreements or understandings. This
Agreement supersedes all prior negotiations and understandings of the Parties.
16.9 Force Majeure. Any delays In, or failure of performance by, any Party of its
obligations under this Agreement shall be excused if such delays or failure are a
result of acts of God, fires. floods, strikes, labor disputes, accidents, regulations
or orders of civil or mllltary authorities, sliortages of labor or materials or other
causes, similar or dissimilar, that are beyond the control of such Party.
16.10 Governing Law and Venue. This Agreement shall be governed by the laws of the
State of Colorado. Venue for any action arising under this Agreement or for the
enforcement of this Agreement will be in the District Court of the jurisdiction of
the Party defending such cause of action, in accordance with the applicable rules
of procedure,
Page 10 of 12
16.11 Llabllity; Governmental Immunity.
16.11.1 I ntentfonal acts or omissions. Each Party will be responsible for its own
negligent or Intentional acts or omissions and for those of its
employees, officers, agents and volunteers.
16.11.2 GoyemmentaJ Immunity Act. The Parties understand and agree each
Party Is relying upon, and has not waived, the monetary llmitatlons and
all other rights, Immunities and protections provided by the Colorado
Govemmental Immunity Act. C.R.S. § 24e10.101, et seq. The provision
of services under this Agreement Is for the benefit of the Parties. Each
Party agrees to be responsible for Its own liability Incurred as a result of
Its partlcfpatlon In this Agreement In the event any claim Is litigated,
each Party will be responsible for its own expenses of litigation or other
costs associated with enforcing this Agreement
18.12 Independent Agencies. The Parties enter this Agreement as separate,
Independent govemment agencies and shall maintain such status throughout the
Initial Term and all Renewal Terms.
16.13 Necessary personnel. Equipment and Facilities. Each Party will maintain a level
of personnel, equipment and facilities necessary to meet Its obligations under this
Agreement. Nothing In this Agreement requires any Party to dlrecUy fund the
acUYities of any other Party. Employees and volunteers of each Party shaU
_ --··· ____ remaln .the .employees .and ~volunteers of.lhalearty_______________ . ---
16.14 No Third-Party Beneficlades. Nothing in this Agreement will be deemed to create
any third-party benefits or beneficiaries or create a right or cause of action for the
enforcement of this Agreement's terms In any entity or person not a Party,
Including any Members, employees, officers, agents or volunteers of any person
or entity with whom the Agency of Record contracts.
18.15 Non-Appropriation. Rnanclal obligations of the Parties, if any, after the current
year, are contingent upon funds being appropriated, planned and otherwise
made available by the goveming bodies of the Parties. The Parties' obligations
under the Agreement shall be from year-to-year only and shall not constitute a
multiple-fiscal-year direct or indirect debt or other financial obligation of the
Parties within the meaning of Article X. Sectlon 20 of the Colorado Constitution.
Notwithstanding anything to the contrary herein, the Parties understand and
agree that any payment obligation of the City and County of Denver pursuant to
this Agreement, whether direct or contingent, shall extend only to funds
appropriated by the Denver City Council for the purpose of this Agreement.
encumbered for the purpose of the Agreement and paid Into the Treasury of the
City. The Parties acknowledge that the City and County of Denver does not by
this Agreement, Irrevocably pledge present cash reserves for payments in future
fiscal years.
16.16 Notices. Any notice required or permitted by this Agreement shall be in writing
and given by certified mall or registered mail. postage and fees prepaid, to the
Party to whom such notice ls to be given at the address set forth on that Party's
Page 11 of 12
' .
t
signature page below or at such other address as such Party shall hava given by
written notice to the other Parties pursuant to this paragraph.
16.17 SeverabiUty. If any provision of this Agreement Is held Invalid or unenforceable
as to any Party or person by a court of competent jurisdiction, no other provision
will be affected by such holding, and all of the remaining provisions of this
Agreement will continue In full force and effect.
16.18 Waiver of Breach. A Party's waiver of another Party's breach of any term or
provision of this Agreement will not operate or be construed as a waiver of any
subsequent breach by any Party.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
------.. -----
Page 12 of 12
Chief John Collins, Englewood Police Department Date
•
•
COUNCIL COMMUNICATION
Meeting Date: Agenda Item: Subject:
February 1, 2016 9bi Colorado Metropolitan
Auto Theft Task Force
Intergovernmental
Agreement-2 nd Reading
Initiated By: Police Department Staff Source: Deputy Chief Jeff Sanchez
PREVIOUS COUNCIL ACTION
City Council previously passed an ordinance in 2014 to allow our participation on the
East Metro Auto Theft Team (EMA TT).
RECOMMENDED ACTION
The Police Department is recommending that City Council adopt a Bill for an Ordinance
on second reading which will authorize the Chief of Police to sign an Intergovernmental
Agreement (IGA) with the following agencies: cities of Aurora, Englewood, Lakewood
and Wheat Ridge; the City and County of Denver; the offices of the District Attorneys for
the First and Second Judicial Districts of Colorado; the Colorado counties of Adams,
Arapahoe and Jefferson; and the State of Colorado for the purpose of establishing a
Colorado Auto Theft Prevention Authority-Metropolitan Auto Theft Task Force .
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
In January of 2014, the Police Department assigned an officer to the East Metro Auto
Theft Team (EMATT) to help combat auto theft in the Denver Metro area, to include
Englewood.
On July 1, 2015, the name changed to the Colorado Auto Theft Prevention Authority -
Metro Auto Theft Team (C-MATT) due to a consolidation of three different auto theft
task forces: EMATT, Beat Auto Theft Through Law Enforcement (BATTLE) and
Metropolitan Auto Theft Task Force (MA TT).
This IGA represents the agreement to merge those entities into one task force .
FINANCIAL IMPACT
C-MA TT is funded by a grant from the Colorado Auto Theft Prevention Authority
(CATPA) which will cover 80% of the salary and benefits and 100% for overtime. The
Police Department will be responsible for the remaining 20%. For the second half of the
grant period (January 1, 2016 -June 30, 2016), that amount is $9 ,211.88.
Our portion of the salary and benefits for this position has been budgeted for in 2016
and will be paid from the "Regular Employees Salaries and Wages" account.
LIST OF ATTACHMENTS
Bill for an Ordinance
Intergovernmental Agreement
..
\. ·,
COUNCIL COMMUNICATION
Meeting Date: Agenda Item: Subject:
January 19, 2016 11ai Colorado Metropolitan
Auto Theft Task Force
Intergovernmental
Agreement
Initiated By: Police Department Staff Source: Deputy Chief Jeff Sanchez
PREVIOUS COUNCIL ACTION
City Council previously passed an ordinance in 2014 to allow our participation on the
East Metro Auto Theft Team (EMATT).
RECOMMENDED ACTION
The Police Department is recommending that City Council adopt a Bill for an Ordinance
on first reading which will authorize the Chief of Police to sign an Intergovernmental
Agreement (IGA) with the following agencies: cities of Aurora, Englewood, Lakewood
and Wheat Ridge; the City and County of Denver; the offices of the District Attorneys for
the First and Second Judicial Districts of Colorado; the Colorado counties of Adams,
Arapahoe and Jefferson; and the State of Colorado for the purpose of establishing a
Colorado Auto Theft Prevention Authority-Metropolitan Auto Theft Task Force.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
In January of 2014, the Police Department assigned an officer to the East Metro Auto
Theft Team (EMATT) to help combat auto theft in the Denver Metro area, to include
Englewood.
On July 1, 2015, the name changed to the Colorado Auto Theft Prevention Authority -
Metro Auto Theft Team (C-MATT) due to a consolidation of three different auto theft
task forces: EMATT, Beat Auto Theft Through Law Enforcement (BATTLE) and
Metropolitan Auto Theft Task Force (MATT).
This IGA represents the agreement to merge those entities into one task force.
FINANCIAL IMPACT
C-MA TT is funded by a grant from the Colorado Auto Theft Prevention Authority
(CATPA) which will cover 80% of the salary and benefits and 100% for overtime . The
Police Department will be responsible for the remaining 20%. For the second half of the e grant period (January 1, 2016 -June 30, 2016), that amount is $9,211 .88.
Our portion of the salary and benefits for this position has been budgeted for in 2016
and will be paid from the "Regular Employees Salaries and Wages" account.
LIST OF ATTACHMENTS
Bill for an Ordinance
Intergovernmental Agreement
,· J
•