HomeMy WebLinkAbout2009 Ordinance No. 038•
ORD INANCE NO . jf
SE R[E S OF 2009 --
CONTRACT NO.l:J./ -:J..c,c/f
BY AUT HORJTY
COUNC IL BILL NO . 4 I
INTRODUCE D BY COUNC IL
MEMBER OAKLEY
AN ORDIN ANCE AUTHORIZIN G ACCEPTANCE OF A JOINT GRANT FROM THE
CO LORADO AUTO THEFT PREV ENT ION AUTH ORJTY (CA TPA) BETWEEN THE CITY
OF ENGLE WOOD , CO LORADO; THE CITY OF urrLETON, COLORADO AND THE
CITY OF SHERIDAN, COLO RADO.
WHEREAS , the Ci ti es of Eng lewood, Lilllcton and Sheridan submitted a joint grant
application to th e Co lorado Auto Th eft Prevention Authority (CATPA); and
WHEREAS , th e joint grant application requested funding that would enable the age ncies to
wo rk togeth er in an effort to investig:tte auto theft s in the so uth metropolitan area ; and
WHEREAS , th e Colorado Auto Theft Preventi on Authority (CATPA) awarded the cities a
joint gra nt in th e amount of$199,220; and
WHEREAS , the project has led to the devel c·,i.ienl of a prop osed South Area Auto Theft
Task Force; and
• WH EREAS , the primary component of thi s project is th at th e agencies wi ll utili ze members
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of each agency, on an as needed bas is, to joint ly inves ti gate aut o theft eve nts that affect the three
agencies; and
WHEREAS , th e passage of thi s Ord inance authori zes an Intergove rnment al Agreement
bet ween the Cities of Lillleton , Englewood , and Sheridan creating the So uth Area Auto Th eft
Task Force und er th e Co lora do Aut omobile Theft Preven ti on Authori ty Gran t and accep ts th e
Ci ty 's portio n of grant fu nding;
NOW, THEREFORE , BE IT ORDAINED BY THE CITY COUNC IL OF THE CIT Y OF
ENGLEWOOD, COLORADO, AS FOLLOWS :
Section I. Th e City Co un cil of the Cit y of Englew ood , Co lora do hereby authorizes th e
acce ptance of th e CA TPA Grant and acco mpanyi ng intergovernmental agreement , a co py of
which is marked as "Exhibit A" and allached heret o.
Sect ion 2. The Mayo r and the City Clerk arc hereby auth ori ze d lo sign sa id CA TPA
lntergovenunent al Agreement between the Ci ties of Litt leton, Eng lewood , and Sherid an crea ting
the South Area Auto Theft Task Force under th e Co lorado Automobile Theft Preventi on Authorit y
Grant on beh alf of the City of Englewood.
Introd uced , read in full , and pa ss ed on fir st readin g on the 8th day of September, 2009 .
Publi shed as a Bill for an Ordinance in the Cit y's official newspape r on the I I~ da y of September .
2009.
Publi shed as a Bill fo r an Ordin ance on th e Cit y's offi cia l w~bs it e beginning on th e 9111 day of •
Sep1 ember, 2009 for 1hirty (30) da ys.
Read by 1i1le and passed on final reading on !h e 2 ISi da y of Seplember, 2009 .
Published by title in the Cit y's offi cial new spaper as Ordinance No .. ~f . Series of 2009 . on
the 25" day of September, 2009.
Published by title on the City 's officia l websi te beginnin g on the 23 "' da y of
Sept emb er, 2009 for thirty (30) days .
I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado , hereby certify that the
above and foregoing iSJ,V,U• copy of the Ordinance passed on final reading and 1,u bl is hed by
title as Ordinance No.~ Series of 2009.
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AN INTERGOVERNMENTAL AGREEMENT BET\VEEN THE CITIES OF
LITTLETON, ENGLEWOOD, AND SHERIDAN CREATING THE SOUTH
AREA AUTO THEFT TAS FORCE UNDER THE COLORADO AUTOMOBILE
THEFT PREVENTION
AUTHORITY GRANT
This Agreement is made between the Cities of Littleton, Englewood and Sheridan,
Colorado (herein after referred to as the "PARTIES") and entered into this __ day of
2009, reg•rding the 2009 Colorado Automobile Theft Prevention
Authority (CATPA}.
WHEREAS, the PARTIES to this Agreement have the authority pursuant to
Article XX, Sec. 6 of the Colorado Constitution and Colorado Revised Statues Section
29-1-201, et seq. to enter into intergovernmental agreements for the purpose of
providing any service or performing any function which they can perform individually;
and,
WHEREAS, the PARTIES to this Agreement desire to cooperate in developing
and carrying out the goals of the Colorado Auto Theft Prevention Authority ("CATP A").
Thi s program provi des grant:; to local law enforcement to reduce auto thefts; and.,
WHEREAS , the PARTIES to this Agr~ement desL"C to create a project under the
terms of the Grant entitled the South Area Auto Theft Task Force in order meet the
provisions of the Gr,mt ;and,
WHEREAS, the intent of this Agreement is to have the CITY OF LITTLETON
apply for CATPA funds from the Colorado Automobile Theft Authority and to divide
such grant funds between the PARTIES; and,
WHEREAS, each governing body, in performing governmental functions or in
paying for the performance of government functions hereunder, shall make that
performance of those payments from current revr s .1cs legally available to that party; and,
WHEREAS, each governing body finds that the performance ot this Agreement is
in th e bezt interests of all PARTIES, that th e undertaking will benefit the publi c, and that
the division of costs fairly compensates the performing party for th e services or functions
under this agreement.
NOW TIIEREFORE, in consideration of the mutual promises set forth below, and other
good and valuable cons ideration, the receipt and sufficiency of which arc hereby
acknowledged, the PARTIES hereby agree as fo llows:
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SEC TI ON 1
The CITY OF LITTLETON will seek approval from the Colorad o Department of Public
Safety prior to enterin g into any contract or agre ement for project activities or provi sion
of services , other than the purchase of suppli es, or standard commercial or maintenan ce
serv ices.
The PART!ES will mutually agree in advance concerning all project purchases or
contracts for suppli es services ar,d/or equipment
Th e CITY OF LJTILETON wi ll seek reimbursement fro m the Colorado Automobile
Theft Prev ention Authori ty for all costs authorized by the Grant THE CITY OF
LITTLETON will then submit to the other PARTIES their allo cations as agreed upon in
this Agreemen t. Said funds will be sent to the account and financial institution provided
to the CITY OF LITTLETON by th e other Parties. The CITY OF LI'ITLETON will
have fifteen business days to disburse the allocations to the Parties, after the CITY OF
LITTLETON receives the funds from the Colorado Automo bile Theft Prevention
Autltority .
SECTION2
The Parties agree to allocate the total amount of CATPA grant funds of $199,220 .00
availab le in St ate of Co lorado grant monies to all partie s in the fo llowing amounts, unle ss
the parties mutuall y agree, in writing, to a different arrangement
To th e tJTY OF LITTLETON :
Police overtime hours val ued at $16 ,67 4.00
One Automated Licen se Plate Reader (ALPR) System va lu ed at $22,000
Server fo r storing data from ALPR and wi re less system to transfer
data valued at $12,000.00
Unmarked vehicle equipped with standard police equipm ent in cluding ; Mobil e Data
Terminal (MDT) computer, mounting rack, docking statio n, and modem emergency
lighting and po li ce radio valued al $35,000 .00
To the CITY OF ENGLEWOOD:
Police overtime hours valued at $16,673.00
One Automated License Plate Reader (ALPR) System val ued at $22 ,000
To the CITY OF SHERIDAN:
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Police overtime hours valued at $16,673.00
Part Time Crime Ana lyst valued at $31,200.00
Lap top Computer and software for Crime Analyst valued at $2,000.00
Software for Crim e Analyst valued at $3,000 .00
One Automated License Plate Reader (ALP R) System val ued at $22,000
SECTION3
The CITY OF LITTLETON agrees to use $85,674.00 of the CATPA grant funds through
September 2011 , the period covering the grant
The CITY OF ENGLEWOOD agrees to use $38,673 .00 of the CATPA grant funds
through September 201 I , the period covering the grant
The CITY uF SHERIDAN agrees to use $74,873.00 of the CATPA grant funds through
September 2011, the period covering the grant.
SECTION 4
The PARTIES agree to submit to the CITY OF LITTLETON all financial :·eports ,
performanc.e reports, and any other reports required by the grant.
SECTIONS
Each party understands and agrees that, for purposes of the grant, the CITY OF
LITTLETON shall not be considered a "pass-through entity" within the meaning of 0MB
Circular A-1 33. The CITY OF LITTLETON'S status shall be that of a fiscal agent and,
as such, the CITY OF LITTLETON shall bear no responsibility for monitoring the use of
grant funds by any of the other parties to this Agreement. Accordbgly, each party to thi s
Agreement shall be considered a co-recipient of th e grant and, in that capacity, shall be
directly accountable to the Co \orado Automobile Theft Prevention Authority for all
matters concerning grant compliance .
SECTION 6
The PARTIES to this Agreement do not intend for any third party to obtain any rights by
virtu e of this Agreement or to create any rights in any party not a signatory hereto.
SECTION?
By entering into this Agreement, th e PARTIES do not intend to create any obligations,
ex press or implied, other than those set out herein . This Agreement represen ts the entire
and integrated agreement between the PARTIES and supersed es all prior negotiations,
representations or agreements, either written or oral and may be amend ed only up on
written agreement of all PARTIES.
SECTION 8
Nothing herein contained shall make or be construed to make the City of Littleton, the
City of Englewood, and the City of Sheridan a partner of any other or the others, nor is
this Agreement intended to create a separate governmental entity as the term is defin ed in
Part: 2, Article !, Title 29, C.R.S.
SECTION9
This Agreement shall be deemed to be made, shall be subject to , and shall be construed in
accordance with the laws of the State of Colorado .
SECTION 10
Should any one or more paragraphs or provisions of this Agreement be judicially
determined invalid or unenforceable , such determination shall not affect, impair, or
invalidate the remaining provisions hereof, the intention being that the various provisions
hereof are severable.
SECTION 11
Any notice required or permitted by this Agreement shall be in writing and shall be
deemed to have been sufficiently given for all purposes if sent by certified mail or
registered mail, postage and fees prepaid, addres sed to the party to whom such notice is
to be given at the address set forth on the first page of thi s Agreement,(111ere arc no
addresses on the first page of the Agreement also should permit notice by person al
service) or at such oth er address as has been previousl y furni shed in writing to the other
party or PARTIES. Such notice shall be deemed gi ven when deposited in the United
States mail.
SECTION 12
The party who takes possession of supplies, equipment or items purchased under the
terms of the grant shall be respon sible for the care, maintenance, and to obtain
,ppropriate insurance for the same.
SECTION 13
This Agreement may be executed in one or more co unterparts, all of which taken together
sha ll constitute one and the same instrument.
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CITY OF LITTLETON
ATTEST:
City Clerk
CITY OF ENGLEWOOD
ATTEST :
By: __________ _
Mayor
By:
CityClerk-Loucrishia A. Ellis Mayor-James K. Wo odward
CITY OF SHERIDAN
ATTEST :
City Clerk
By: _______ _
Mayor
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COUNCIL COMMUNICATION
Date : Age nd a It em: Subject :
Sept emb er 8, 2009 11 a iv Colorad o Auto Th eft Pre ve ntion Authority
In tergove rnm ental Agree ment
Initialed Uy: I Slaff ~ourc e:
Poli ce Departm ent __ _J~l ,n Collin s, Deputy Chi ef of Police
COUNCIL GOAL AND PREVIOUS COUNCIi ACTION
None
RECOMMENDED ACTION
The Police D epartm ent is recommending that City Counci l adopt a .iii\ for an ordinance authorizing
the Engl ewood Po li ce Departme11t to accep t a grant award from the Colorado Auto Theft
Prevention Authority .
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
Th e Englewood, Littl eton, and Sheri dan Police Departments submi ·ted a joint grant applicati on to
the Colorado Auto Th eft Prevention Au thority (CATPA ) req uesting funding that would enable th e
age ncies to work togeth er in an effort to in ve,ti ga te auto th efts in the south m etr opolitan area. On
June 15, 2009 the grant application was approved in the amount of $199,220. The project has led
to the develop men t of th e So th Area Auto Theft Ta sk Force. Th e prim ary component of thi s
project is th at th~ age nc ies w il l utilize members of eac!• agency, on an as need ed basis, to jointly
investigate au to th eft even ts th at affec t the three age ncies.
FINANCIAL IMPACT
Upon mu tu al ag re ement between the Englew, od, Littleton, and She ridan Po li ce D epartm ents, th e
City of Eng1ewood Po li ce D epartm ent w ill rec eive poli ce overtim e fundi ng in the am ount of
$16,673 and one Au tomated lice nse Plate Reader System va lu ed at $22,000. Engl ewood Poli ce
Officers w ill be paid o ut of thi s ove rtim e fund .
UST OF ATTAC HMEN TS
Bil l for an Ordina nce