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HomeMy WebLinkAbout1993 Ordinance No. 014-• ORDINANCE NO . ./!t. $.ERIES OF 1993 BY AUTHORITY COUNCIL BILL NO. 10 INTRODUCED BY COUNCIL MEMBER BULLOCK AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, COLORADO AND BOARD OF CO U11n'Y COMMISSIONERS COUNTY OF ARAPAHOE IMPLEMENTING THE ARAPAHO E COUNTY SHERIFFS DEPARTMENT PROVISION OF MAJOR CRIME: SCE,NE AND CRIME LABORATORY SERVICES TO THE ENGLEWOOD DEPARTMENT OF SAF'ETY SERVICES. WHEREAS, authorization for the Board of County Commillionen to contract wiU, municipality for the purpose of providine law enfon:ement aervice by the Sheriff within he boundaries of the municipality is civen under 30 -11-ClO, C.R.S.; and WHEREAS, the City of Enelewood Safety Service, Division ia without mone l4..ry means to pr ovide for fu1l •time crime scene and cri ru. I 1lhlratory services and reques teri 3uch service s from th e Arapahoe County Sheriff's Departme nt; and WHEREAS, implementation of such servi ces will provide the citiz.•na of EniiJewood with m&jor crime scene and crime laboratory servir ,~ through the Arapahoe Couuty Sheriff's Office; • 'OW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO, AS FOLLOWS : Sw.ilm..l, The City Council of the City of Englewood, Colorado hereby approvea _the impl ementation of an agreement for service, between the Board of County Commiuioners County of Ara pahoe through the Arapahoe County Sheriff's Office . Such agreement will provide th e City of Englewood with ~or crime scene and crime laboratory services by the Arap•hoe County Sheriff's Office . Terms of the Agreement are eenerally u lollo ws: I. The Arapah, :.:ounty Sheriff's Olli ·, .:,all provide m~r crime scene and crime laboratory s,,, vices within th.e bounci~r ies of the City of Englewood. 2 . Th e type of major crime scene and crime laboratory service, provided by the Arapahoe County Sheriff's Office within the boundarie1 of the City of Englewood shall be si milar to the major crime 1-,ene and crime laboratory Mrvicea provided to unincorporated areas of the County of Ara pahoe. The Sherift"r,hall utilize, to th e best of his ability and jude,nent, the manpower and equipmo,it presently at hi s dis po sal in order to provide said crime scene and crime laboratory services. 3. Th o t enn of the Agreement shall commence as of April 1, 1993, and shall continu e year to year upon verbal qreement of the Arapahoe County Sherill'• Offi ce and the Direc tor of the Englewood Department of Safety Servi ces . 4 . For the major ,crime acene ,.d crime laboratory services provid ed under the Agreement, th e City of Englewood shall pay to the Arapahoe County BoU'.l of County Commissioners $34 .00 per hour of oe rvice provided. Ilased on the year 1992, it is estimated that 710 hours of service will be required for the year !.993 . The Arapahoe Co unty Sheriffs Office shall subm it a report of hours worked eacn mo nth to the City .). or Englewood, which upon receipt or uid nport. Englewood will make a monthly payment in full to the Arapahoe County Board ol'County Commiwonen at tho rate of '34.00 per hour for oervice1 provided. 5. The Arapahoe County Sheriff, Office ahall provide to the Englewood Department or Safety Services up to 72 houn or classroom instruction, u needed, per calendar year on laws, rules and procedures related to Crime Scene lnve ■tiption. The Englewood Safety Service, Department ahall pay to the Arapahoe County Sheriffs Office Training Section S20.00 per instruction hour for thia oervice. 6 . The aervices provided pursuant to the Agreement ahall be performed by members of the Arapahoe County Sheriffs Office . The Sheriff, Office ahall be re1pon1ible for maintaining all records relating to the 1ervice1 performed. 7 . Neithtr the Sheriff nor the members who perform aervices pursuant to the Agreement ,hall be con1idered employee,, oervanta or agenta or the City or Englewood as a result of the performance of aervicea under the Agreemenl Supervision or the activities or Arapahoe County Sheriff ■ penonnel at a crime scene within the City or Englewood will t,,, a cooperative effort by Englewood and Arapahoe County ,upervisory personnel. 8. The Agreement may not be modified or altered unle11 mutually agreed upon in writing by the parties hereto. 9 . Either party may terminate the Agreem•nt with or without eood cause shown upon 30 days written notice to the other party prior to termination. In the event of termination by the County, no damages, liquidation or otherwi ae, ,hall inure to the ben efit or the City of Englewood. 10. Unless otherwise agreed in writing, the Agr""ment and the interpretation thereof shall be governed by the laws of the State af Colorado . I I. Noti ces to be provided under the Agreement &hall be given in writ ;nv. either by hand delivery, or deposited in the U. S. mail, with sufficient postage, to the following: Arapahoe County Office of the County Attorney 5334 South Prince Street Littleton , CO 80166 Arapahoe County Sheriff Office of the Sheriff 5686 South Court Place Littleton, CO 80120 City of Englewood Office of the City Attorney 3400 South Elati Street Englewood, CO 80110 Englewood Safety Services Office of the Director 3615 South Elati Street Englewood, CO 80110 In troduced, read in full, and passed on fint reading on the 15th day, .,tarch, 1993. -2-• -• ~li1hed u a Bill for an Qrdinanc • on the 18th day of March, 1993. P.tad by title and puaed on final readine on the 5th day of April 1993. Publi1hed by lille u Ordinano1 No ./!!. Seriu of 1993 , on the 8th day of April, 1993. ) . ' £ ,. =- Wipin,,Mff';\. ATTEST : _ _q/y N~wJ Patricia H. Crow, Cit,y Clerk I, Patricia H. Crow, City Clerk of the l';ity of Engl•wood, Colorado, henby certify that the above and foregoini: is a try,, copy of the Ordinance passed on final readin1 and publiahed by title as Ordinance No . .L:f.., Series of 1993. -3- AGREEMENT FOR SERVICES THIS AGREEMENT made and ~ntered into by and between the CITY OF ENGLEWOOD, a Municipa.l corporation of the State of Colorado, herein after~ referred to as "Englewood" and the BOARD OF COUNTY COM)USSIOllERS, of 'lBl: COUNTY OF ARAPAHOE, hereinafter referred to as "Board," on behetlf of the Arapahoe County Sheriff's Office, hereinafter referre,I to as "Sheriff's Office." WITNESSETH: WHEREAS, Sec~ion 30-11-410, C.R.S. as 1111ended, authorizes the Board to contract with a municipality for the purpose of providing law enforcement service by the Sheriff within the boundaries of the municipality; and WHERE s, on January 22, 1993, Englewood requested a contr act contemplated by said Sec,:ion 30-11-410 , C.R.S. as amended and indicated that Englewood is without monetary means to provide for full-time crime scene and crime laboratory s e rvices; and WHEREAS, the Board, in the interest of the health, safety and welfare of the citizens of the City of Englewood, deems it advisable to enter into this contract; and WHEREAS, the Board has determined to execute future Agreements on a fiscal year basis. NOW, THEREFORE, in consideration of these premises, it is a gre ed as follows: 1. The Arapahoe County Sheriff's Office shall provide major crime scene and crime laboratory services within the boundaries of the City of Englewood. 2. The type of major crime scene and crime laboratory services provided by the Arapahoe County Sheriff within the boundari es of the City of Englewood shall be similar to the major crime scene and crime laboratory services provided to unincorporated areas of the County of Arapahoe . The Sheriff shall utilize, to the best of his ability and judgment, the manpower and equipment presently at his disposal in order to p1:ovide said crime scene and crime laboratory services. 3 :· Th e term of this Agreement shall commence as of April 1, 1993, and shall continue year to year upon verbal agreement of the Ara pahoe County Sheriff and the Director of the Englewood Department of Safety Services. • • 4. For the major crime scene and crime laboratory services provided under this Agreement, the City of Englewood shall pay to the Board $34.00 per hour of service provided. Baaed on year 1992, it is estimated that 710 hours of service will be t equired for year 1993. The Sheriff shall submit a report of hours worked each month to the City of Englewood, which upon receipt of said report will make a monthly payment in full to the Board at $34.00 per hour for s ervices provided. 5. The Sheriff shall provide to the Englewood Department of Safety Services up to 72 hours of classroom instruction, as needed, per calendar year on laws, rules and procedures related to Crime Scene Investigation. Englewood shall pay to the Sheriff's Office Training Section $20.00 per instruction hour for this service. 6. The services provided pursuant to this Agreement shall bf! performed by members of the Arapahoe County Sheriff's Office. The Sheriff's Office shall be responsible for maintaining all records r , ·ating to the services performed. 7. Neither the Sheriff nor the members who perform sen i ces pursuant to this Agreement shall be considered employees, servants or agents of the City of Englewood as a result of the performance of services under this Agreement . Supervision of the activities of Arapahoe County Sheriff's personnel at a crime scene within the City of Englewood will be a cooperative effort by Englewood a nd Arapahoe County supervisory personnel. a. Th i s Agreement may not be modified or altered un less mutually agreed upon ,in writing by the parti es hereto. 9. Either party may terminate this Agreement with or witho ut good cause shown upon 30 days written notice to the other party prior to termination. In the event of termination by the County , no damages, liquidation or otherwise, shall inure to the benefit of the City of Englewood. 10. Unless otherwise agreed in writing, this Agreement and the interpretation thereof shall be governed by the laws of the State of Colorado. 11. Notices to be provided under this Agreeme nt shall be given in writing either by hand delivery, or deposited in the United States mail, with sufficient postage, t o the following persons: Arapahoe County Of fice of the County Attorney 5334 Soath Prince Street Littleton, CO 80166 Arapahoe Co unty Sheriff Office o f t he Sheriff 5686 Sou t h Court Place Littleton, CO 80120 City of Englewood Office of the City Attorney 3400 South Elati Street Englewood, co 80110 Englewood Safoty Services Office of the Director 3615 South Elati Street Englewood, CO 80110 EXECUTED this ---day of----------· 1993 . ATTEST: Ci ty Clerk EXECUTED this ___ day of ATTEST : Clerk to the Board CITY CJ,' ENGLEWOOD Mayor ENGLEWOOD DEPARTMENT OF SAFETY SERVICES Allan F. Stanley, Director --------· 1993. BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF ARAPAHOE Chairman ARAPAHOE COUNTY SHERIFF Patrick J. Sullivan, Jr. Sheriff -• lllllle March 15, 1993 MTIATEDBY STAFF SO<RCE <X><NCIL ~TION Agalllalan 12 b Subject Intergovernmental Agreement with Arap . Co . for Crime Scene Lab Svcs. Department of Safety Services, Police Division Allan Stanley, Director of Safety Services Robert Moore, Division Chief ISSCE'ACTION PROPOSED Staff s.?eks Council support for a bill for an ordinance approving an agreement between the County of Arapahoe and the City of Englewood, under which the Arapahoe County Sheriff's Department will provide major crime scene and crime laboratory services to the Engle •ood Department of Safety Services . PRf.VIOCJS CO<J"IC1. ACTION None . BACJ<CiROCJ"ID Recent discussions regJrding ways to reduce expenditures within the Safety Services budget led to the decision to eliminate the position of criminalisl Englewood's incumbent criminalist was recently hired by the Arapahoe County Sheriff's Department to fill an existing vacancy. A portion of her duties have been assurred by remaining Safety Services personnel (i.e., patro! officer crime-scene investigators; evidence technician; police desk offi cers). Remaining dutie~ must be performe d by individuals with specific expertise no longer available at Englewood. Arapahoe County c,iminalisl5, with appropriate expertise and equipment. will respond to Englewood's requests I Jr services. on-scene and in their laboratory. STAFF ANALYSIS The passing of this ordinance would have no impact on other departments. The terms of the agreement were drafted by represen!Jltivcs of the Arapahoe County Sheriff's Department, following discussions between those representatives and Director Allan F. Stanley and U . Tom Vandennee of the Englewood Department of Safety Services . Follow-up meetings and telephone conversations were held between sheriffs department representatives and Englewood Div. Chief Robert Moore to refine the wording and implications of the agreement The draft agreement has been reviewed by Director Stanley and the Englewood City Attomey·s Office. FNANClAL IMPACT The proposed agreement calls for the City of Englewood t o pay the County of Arapahoe a fee of $34 .00 per hour for services rendered . This fee would be charged regardless of the number of Arapahoe County personnel involved at any one time, or the quantity and type of equipment and materials involved . The estimated maximum number of hours of services to be provided during any year is 7 JO, for a total cost of $24, 140. ·~pahoe Cou nty will maintain a rec<,>rd of hours worked and charges accrued , and will submit ,s report monthly to the City of Englewood for payment. Arapahoe County will also provide training to Englewood personnel for the purposes o f enhancing Englewood 's Crime Scene Investigator (CSI) Program . "fhe County will charge a fee of $20.00 per hour for this instruction, regardless of the number of students . It is estimated that 24 to 72 hours of such instruction will be required in any year , at a cost of $480 to $1440. The City of Englewood would have paid a total of $57 ,579 in wages and benefits to the incumbent criminalist for 1993 .