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HomeMy WebLinkAbout1992 Ordinance No. 036ORDINANCE No .:5t• SERIES OF 1992 BY AUTHORITY COUNCIL BILL NO . 32 INTRODUCED BY COUNCIL MEMBER GULLEY AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, COWRADO AND THE CITY OF SHERIDAN , COLORADO ESTABLISHING A JOINT POLYGRAPH DIVISION . WHEREAS, The Englewood Department of Safety Services end the City of Sheridon Polic e Department have been working together to establish a joint Polygraph Divi sion to reduce cost& to each city by combining their effort•; and WHEREAS, the cities agree that the combining of resoun:e1 to implement a joint Polygraph Divi s ion would 1r,rve the public health, &afety end welfare; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COWRADO, AS FOLLOWS : ~ The City Council of the City ofEngl•Nood, Colorado hereby approve• an intergovernmental agreement between the the Englewood Department of Safety Services end the Sheriian Police Department which e1tabli1he1 a joint Polygraph Divi1ion . Such agreemmt genl.'rally atatea u followa: 1. The Englewood Department of Safety Service• and the City of Sheridan Police Department have agreed to combine re1oun:es to impl•ment a Polygreph Division. 2 . The Englewood Department of Safety Services ehall provide the polygraph instrument, polygraph examiner and examiner's salary. 3 . The Sheridon Police Department has agreed to provide housing, to include : desks, chairs, file cabinet ,md use of personnel for typing reporte. 4 . The polygreph examiner shall provide criminal specific investigation polygraphs end pre-employment polygraphs for both agencies. 5 . The Agreement i! int.ended to describe rights and responsibilities between the named parties therein. 1,: i1 not int.ended and shall not be deemed to ertend to anyone not named as a party . 6 . The Agree ment shall remain in effect as to each respective City until sucl, City decides to no longer be a !)arty to the Agreement end terminates its obl igations gi\ing ni11ety (90) days advenced written notice to the other party. 7. Should any City fail to comply with the provisions of the Agreement the aggrieved City shall notify the noncomplying City of the defaulL If the noncomplying City has not remedied the default within 90 day1 after receipt of notice of default the aggrieved Ci ty may at its option maintain an acti on in a court of competent jurisdiction . In th e event litigation is needed to enforce the Agreement, each City shall be responsible for its own costs , including attorney fees . Introdu ced , r ead in full , and pas sed on first reading on th e 17th day of August, 1992 . . 1 . Published as a Bill for an Ordin ance on th e 20th day of Augu st , 1992. Read by title and paaaed on fi nal readinr on the 8th <lay of Se ptember, 1992. Published by ti tl e as Ordinance No . 3i, Seri es of 1992 , on the 10th day of Septem ber, 1992 . ATTEST: ~~r Patricia H. Crow, City Cl erk I, Patricia H. Crow, City Clerk of the City of Englewood, Col orado, hereby certify that the above and foregoing is a t 5'ie copy of the Ordinance pused on ftnal n,ading and published by title as Ordinance No . & Seri es of 1992. ~~~ Patricia H. Crow • 2 - ,, INTERGOVE RNME NTAL AGRE E MENT THIS AGREEMENT made this __ day of-----~ 1992 , by and am ong the th e CITY OF ENGLEWOOD and the CITY OF SHERIDAN, ., •sicipo l co rporations of the Slate of Co lorad o. WHEREAS, the parties have bee n work ing together establish o pol ygraph division to reduce cos ts to eac h city by co mbini ng their effort s . WHEREAS, th o r arties agree that the combi nin g of reso urces to implement a polygraph dhision would serve the public health , safety and welfare . NO\V , THE?\EFORE in consideration of the covena nts and promise s contained herein , the sufficiency of which is acknowledged by th e parties, the parties agree as follows : I. 2 . 3 . 4 . 5 . 6 . i. The Englew ood De portment of Safety Services and th e City of Sheridon Poli ce Departm ent ha\'e agreed to ~c,mbine reso urces to impleme nt a polygraph div ision . Th e Engl ewood Department of Safety Services shall pro,ide th e pol ygraph instrument, polygra ph examine r and exami ner's salary , Th e Sh eridan Polic e De partment has agr eed to provi de hous in g, t, ,.,elud e: desk s, chai rs, file cabinet end use of personnel for ty ping reports . Th e polygy-aph exa miner shall pro vi de criminal sp ec ifi c investi goti on polygra ph s and pre-em ployment po lygraphs for both agencies . Th is agr eement is inten ded to describe rights and responsibilities between the named parties herein . It is not in ten ded and shall not be deemed to extend to anyon e not na med as a party. Th is agreement sha ll remain in effect as to each re spective City until suc h City dec ides Lo no longer be a party to thi s agreem ent and termi nates !ts obligations her eunder by giving nin ety (90) days ad vanced wri tten notice to th• other party. Sh ou ld any City fail to comply with the provisio ns of this Agreement the aggrieved City shall notify the nonco mpl ying City of the defa ul t . If the nonco mpl ying City hos not re medied th e default within ninety (90 ) days after rece ipt of the notic e of de fault the aggrieved Ci Ly may at its option maintain an action in a co urt of comp eten t jurisdictio n. In the eve nt of litig ation to enforce this Agreement, eac h city shall be responsible fo r its ow n costs , inclu ding attorney fees . EXE CUTED on this _ day of ______ , 1992 . ATTESTED : CITY OF ENGLEWOOD COLORADO City Clerk By : ______________________________ - Clyde E. Wig gin s, Mayor APPROVED AS TO FORM : City Attorn ey v;;_~ ::71:~~:o~~~-----Dale Patton, Mayo r APPROVED AS l'O FORM : ~~Aftomey · · 2 Date August 17, 1992 INITIATED BY STAFF SOURCE COUNCIL COMMUNICATION Agenda Item II a Subject Intergovernmental Agreement fo r shared Polygraph Services Safety Services Department. Police Dlvtslon Allan Stanley, Dtrectnr of Safety Services Bob Mo ore . Division Chief ~/ACTION PROPOSED . Safety Services Department requests that Council adopt a bill for an ordinance .A 1pproving an Intergovernmental agreement between the Cities of Englewood and ..,Sheridan. The agreement will allow for the two cities to combine their resources and establish a joint polygraph division. PREVIOUS COUNCIL ACTION Non e. BACKGROUND Polygraph examinations are used to facilitate pre-employment background Inv estigations In the Englewoo d De partment of Safety Services and the Sheridan Police Department. Th ey are also useful In conducting certain criminal Investigations . not only to gatn u seful Information and Investigative leads. but to establi s h the Innocence of s u spects. The proposed a gree ment will eL!ab le the two cities to share resources and combi n e effo rts t o reduce costs Inc urred for polygra ph examinations . STAFF ANALYSIS Both the Englewood and Sheridan poli ct: for ce s c urrently use tl1e servi ces of private A co ntractors to adm.tnJst er pol~rgraph exarn.tnaUons. If approved. tl1e agreement will W enable b oth cities to conduct t11e exarnJnations on-site , allowing for m or e co nv enJ ent and cost -effec ti\•e polygraph exam.t n ations . The necessary offi ce s pace, d esks . fonns , Ille cabinets , and t echnlcal equJpment for the p olygraph examJna tlons have be en obtaJn ed and s et up . The polygrapher , a c urrent Englewood p oll ce c!Jvtslon employee, ls full y tratne::I and prepared for thJ s asslgtunent. FINANCIAL TraJrung, se t up . equ ipment, and space costs have already be en lnc,UTe d . Any future costs will In clude the polygrapher 's time (s alary), et c . when act-ually conduc ti ng polygra ph cxam.tnatlons apart fr om her nonnal p a trol or lnvestlgat!ve duties . Otherwise, there will be a s a vmgs of approxlmately $70 p er exam1nat1on , the fee currently c harged by the privat e contractor.