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HomeMy WebLinkAbout2001 Ordinance No. 053ORDINANCE N0.2 SERIES OF 2001 BY AUTHORITY COUNCCL BILL NO. 56 INTRODUCED BY COUNCIL MEMBER GARRETI AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT ENTITLED ''CONTRACT AGREEME T FOR lNTOXILVZER 5000EN PLACEMENT" BETWEEN THE COLURA.0O DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT, LABORATORY AND RADIATION SER '!CES DIVISION AND THE CITY OF ENGLEWOOD. WHEREAS, t he Colorado Department of H ealth has mandated that all current lntoxilyzer 5000 instruments used by all Colorado law enforcement agencies, be replaced with the Model 5000EN no later than July 1, 2002; and WHEREAS, the lntoxilyzer 5000EN is the most accurate, reliable, state-of-the-art equipment available and capable of remotely transmitting data and diagnostic information to the Colorado Department of Health; and WHEREAS, the Englewood Safety Services Department currently owns one Intoxilyzer 5000 and would have been compelled to purchase an lntoxilyzer 5000EN in the fiscal year 2002 ; and WHEREAS, the City of Englewood Safety Service Department applied and has been awarded a grant for funding which will s upport a replacement program to update the current Intoxilyzer 5000 with the e.nhanced Intoxilyzer 5000EN: and WHEREAS, the grant will provide 75% of the funding for a new lntoxilyzer 5000EN and the City will provide matching funds for the remaining 25%; NOW, THEREFORE . BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD. COLORADO. AS FOLLOWS: ~-The City Council of the City of Englewood. Colorado hereby authorizes the e ntering into an intergovernmental agreement entitled "Contract Agreement For Intoxily,;er S000EN P la cement," a copy of which is m arked as "Exhibit A" and a ttache d hereto. ~-The Director of Safety Servi.ces is her .· : authorized to sign said "Contract Agreement For Intotilyzer 5000E N Placeme n t" intergovernmental agreement cm behalf of the C ity of Englewood . Introduced , read in full . and pa.esed on firs t reading on the 4th day of September, 2001. -1- !Obi Published a s a Bill for an Ordinance on the 7th day of September, 200l. Read by title and passed on finnl reading on the 17th day of September, 200l. Published by title as Ordinance No...23, Series of 2001, on the 21" day of September, 2001. I, Louc:rishia A. Ellis, City Clerk of the City of Englewood, Colo.redo, hereby certify that the above and foregoing is a true copy of the Ordinance p on final readinr a nd published by title aa Ordinance No.-8 Series o 2001. -2- • • • CO NTRACT AGREE M ENT FOR INTOXIL YZER 50 00EN PLACEMEN T A la w enforcement agency muc;t agree to the following c onditions befo re lntoxilyzer Model SOOOEN placemen t is approved 1.0 Total cost of the unit is $5 ,600.00. Colorado Department of Public Health and Environment will provide 75% o r 54,200 .00 i n funds provided by Hig way Safety Project Gra t toward the purchase of the instrument. Each law enforcement agency will contribute in match 25% of cost to purchase lntoxilyzer Model SOOOEN . Agency w ill prov ide S 1,400 .00 in funds payable directly to manufacturer, CM I, Inc . 2 .0 Law enforcement agenc:es agree to use the l ntoxil y zer SOOOE in ended for the purpose of supporting the e forcement of Driving Under the In fl uence of Alcohol and or Drugs statutes . These activ ities are perfon:ned in support of the Department goal to provide for public health and safety through efforts to reduce alcohol and drug-related crashes , veh icular assaults and related fatalities and juvenile violation fo r Illegal Possession/Consumption of Ethyl Alcohol by an under age person. The Department is charged w ·th these responsibilities under the Coloraco Revised Statutes (CRS) Sections 43-4-402 , 42-4-1 301, 1303 and 1304 (Vehicle an,j Traffic A lcohol and Drug Offenses), Section 18-3 -205 CRS (Vehicular Assault), specification of tests under Section 18-3-106 CRS (Veh icular Homicide), Section 18-13-122 (Under age possession o r consumption ) . 3 .0 Law enforcement agencies agree to follow and abide by a ll guidelines and requi ;ements set forth in the RULES AND REGULA T!ONS CONCERNING TESTING FOR ALCOHOL ANO O THER DRUGS APPR0 1/EO BY THE COLORADO BOARD OF HEAL TH, 5 CCR 1005-2 , effective JanuarJ 30, 1999. 4 .0 Each agency will provide fo r law enforcement personnel to attend training at the Department to be tra ined as certi fied l ntoxilyzer Operator/ Instructors . Each agency is required to have at least one certified lntoxilyzer SOOOEN Operator/ Instructor on staff. 5 .0 The certified lntoxilyzer 5 OOEN Operator/ Instructor for each agency will conduct at least one training class o train personnel to be certified as lntoxilyzer SOOOEN Operators. Each agency is ec;uired to have a least two certified lntoxilyzer 5000EN Operators on staff. 6 .0 Each ac_;enc :,i will use h e ir lntoxily::er Model SOOOEN unit for Operator trair.ing classes and fo llow cl ass rr:a te ri al as provicec by the Department. 7 .0 Eacn agency w ill co .pl·_1 wi th locatio n rac;u ir,;ments and equ ipment needs determined b y the De;:;a rt -n e nt ari d be su bject to on -site i nspect io ns for lntoxil yzer 8 .0 Model 500 0 EN locatio n t ete rm1ne co m plia nce for a oprov al. Each agency w ill be ac::o ntatl e fo r the l ntoxilyzer Model SOOOEN throughout the use ful life of t he eq u ii:;m e nt. Wher. the unit is no IC?nger used for the original intended purpose or ca o lo nge r be u sed it must be ,<:turned to the Department. 9 .0 Law enforcement agencies will cooperate in a collaborative effort with other local law enforcement agencies to facilitate DUI enforcement efforts. 10.0 Upon meeting these conditions, ownership of the lntoxilyzer Unit and equipment will be transferred to law enforcement agencies . This ownership will be contingent upon the continued fulfillment of these conditions or the equipment will be returned to the ownership of the Colorado Department of Public Healt11 and Environment. AGENCY , ,:;;jeud Qpl o-'i' Srt,,Jy 5HORIIF. Q,..,, Ov-c~ ~ AUTHORIZING S IG NITURE: ;., DATE: 7(::ntr ., • • • • • • COU NO L COMMUNICATION Date Agenda Item : September 4 , 2001 10 a i INITI ATED BY : Department of Sa fety S rvices !Subj ect: Safety Services-Police, lntoxilyzer G <1n t STAFF SOURCE: Director Chris Olson Lieutenant Steve Knoll CO U NCIL GOAL AND PR EVIOU S COUNCIL ACTION : To approve an intf'r•governrr ental agreement between the City of Englewood, Department of Safety Services. Police Division, an the Sta t e of Colorado, Department of Public Health and Environment This agreement would allow the Department of Safety Services to participate in a Highway Traffic Safety Project grant which provides 75% ($4,200) of ti unding for a new fntoxilyzer model S000EN . The D epartmen t of Safe Services would provid e m , . funds for the remaining 25% ($1,400). RE COMMENDED ACTIO N: Approve The approval of this agreement is consistent with the goals oi both the City of Englewood and the Stal e of Colorado i n reduci ng motor vehicle accidents caused by intoxicated drivers and will allow the Department of Safety Services to more effective!~• protect the health. welfare and safety of the community. BACKGROUND, AN ALYSI S, AND ALTERNATIVES IDENTI FI ED : The Colorado Department of Public Health and Environment has received a g ran t award of Federal Fund~. under section 410 from the Colorado Department of Trans p ortation, Office of Transportation Safety. This fu nding provides for the critical need to replace outdated blood alcohol level detection instruments (lntoxilyzers). The Department of Health has mandated that all current fntoxilyzer model 5000 instruments be replaced with the model S000EN by all Colorado law enforcement agencies by no later than July l, 2002. The lntoxilyzer 5000EN is the most accurate, r eliable. state-of-the art equipment available, capable of remotely transmitting data and diagnostic information to the Department of Health . The Department of Safety Services currently owns one model 5000 and would have been compelled to purchase a model S000EN in fiscal year 2002 . The grant provides funding fo r the Depar1ment of Public Health and Environment to purchase 50 such instruments, 40 of which are to be distributed to local law enforcement based on placement criteria established b y the Department. The City of Englewood is elig ible to receive one instrnment, however n o tification of this eligibility was not received until Jul 23. 1001. with a deadline for p r o vi ding matching funds by no later than Jul y 31, 2001 . Because of this fate notification, the Department of Safety Services has already provided the S 1,400 in matching funds to the State of Colorado in anticipation or approva o f this agreement. Failure to do so would have cost the City the opportunity to participate in the grant. Under the grant guidelines, the Department of Publlc Health and En\'ironment will apply $4,2 0 0 • towards the Instrument and the City of Englewood will apply $1 1400. The instrument will be then become the property of the City of Englewood, so long as the City complies with all maintenance, site requirements and periodic inspections as determined by the Department of Public Health and Environment. FINANCIAL IMPACT: The total cos t to the City of Englewood, Department of Safety Services w ill be $1,400, which will be paid through existing accounts or approved forfeiture funds. Sy part icipating in the grant, the City of Englewood will save $4,200 dollars (in fis cal year 2002). UST OF ATTACHMENTS: 1. Le iter of grant notification and requirements from Michael Davia, Colorado Department of Health and Environment 2. Copy of DOH location selection, placement criteria and priorities 3 . Copy of contract agreement between State of Colorado and City of Engle\\oood, Department o f Safety Services signed by Director Chris Olson • • • • • Colorado Department of Public Health and Environment Laboratory and Radiation Services Division Certification Program Highway Traffic Safety Project Law Enforcement Agency Intoxilyzer 5000EN Placement Location Selection Contra ts & Agreements January 5, 2001 lntoxilyzer Model S000EN Placement Criteria lntoxilyzer Model SOOOEN placement will be detennined based on the following priority; • State w ide coverage and distribution • Counties which are currently using an older Model lntoxilyzer but DO NOT have a SOOOEN • Counties which currently have one SOOOEN but have t\vo intoxilyzer locations • Counties currently with no lntoxilyzer locations Counties with older Model lntoxllyzer and NO SOOOEN Moffat Co. S .O. Otero Co. S .O Sedgewick Co S.O . Logan Co . S .O. Baca Co S .O . C heyenne Co . S .O . Lincol n Co. S.O . Custer Co . S .0 . Las An imas Co. S .O . A rchuleta Co . S .O. Clear Creek Co . S .O . Dolores Co. S .O . Chaffee Co. S.O . Park Co. S .O . Counties with ONE lntoxllyzer 5000EN Yuma Co. S .O . I Rio Grande Co . S . 0 . Pitkin Co . S .O . I Rio Blanco Co . S.O . Counties with NO lnt.:ixllyzers Washington Co. S .O. I Ouray Co. S.O j Kiowa Co . S .0 . 3 Jackson Co . S.O. Kit Carson Co S.O . Huerfano Co S .O. Sa n Juan Co. S .O. Crowley Co. S .O. Delta Co . S .O . Fremont Co. S .O. Saguache Co . S.O. Routt Co S .O . I Mineral Cc <;.O . I • • • • • .,.J • STATE OF COLORADO BIii Owens Cl)v~n,or Jolin e E. Nort on. far0.11 we Du~ro r D«lic;;i rtt/ to p role,c r,ng ,md ,mproYmg the M.Jlth J nd f'nvuonm~ntofr:h f! p~f~ oiColor;ido 4 )00 Cherry CtttJ.. Or. S. lJbor.1cory :i nd RJd ,mon Setv1C t'S Oh,1s ion O enver. Colorado 8,0~46-1 5 30 8 1-00Low ry 8 1.,,,d. Phone f JO)) &9:!-.:!000 ~""""''· Color.J do 802JQ.69 ?8 TDD Lin• ll0ll o I .;700 IJ 0l l 692-1090 Loc.:11ed n C lenc:1 .J lc . C lorJdo hnp://1.vww,cdphe-.:HJlt!.CO.uJ' Jul_ 23. 20 '1 J L i. Steve Knoll Eng!e,vo od Po!ice Dep.1!"' .... rnen t 36 I 5 South E lati Street Englewood. Colorado 80110 Greetings; Colorado Depumi~t of Public He:i.lth and En,-ironmcn< The Colorado Department of Public Health and Environment, Laboratory and Radiation Services Division, (the Department) has submitterl a Highway Traffic Safety Project Application for a grant award of Federal Funds under section 410 from the Colorado Department of Transportation, Safety and Traffic Engineering. The Highway Traffic Sllfecy Project gro.ot bas beeo approved, this fun d ing will support a replac ement program to update th~ aging Intoxil yzer 5000 with the newer enhanced lmoxilyzer Model 5000E, . The Englewood Police Department has been selected to participate in this project. Enclosed is a descrip1ion of the coadit:ions and contract agreement that your agency must meet to qualify to panicipate in this program. As this project is approved, the Depanment will provide 75% or S4 200 .00 in funds to cover the cost ofan lntoxilyzer 5000EN. Your agency will be required to match the remaining 25% balance or Sl,~00.00. Agency funds must be secured by the Department, payable to CMI, Inc , be fo re our program places the order for the Intoxilyzers. Based on fina l approval, and to meet the project timelines. requ ires your agency to procure funds w ithout de lay. If you are interested in participating in this program to assist your agency in the purchase and placement of the newer lntoxilyzer Model 50U0EN please contact our oifice no later than Jul y'l§. 200 I . A non-response will be taken as a ·'NO'' interest by your agency The Depanrnem has m andated ail agencies be con verted to the new 5000EN Intoxilyzer by July I. 2002. For funher information. questions or concerns contact the Certification Program at 303 .692.32$9. ~~ '.\Iichael T . Davia, Mana2e r Cert i ficat ion Program - Cc :