HomeMy WebLinkAboutResolution 2010-0023
TITLE: CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 23 Series of 2010 A RESOLUTION APPROVING THE FIRST AMENDMENT TO AN INTERGOVERNMENTAL AGREEMENT CONCERNING AN AUTO THEFT TASK FORCE
AMONG WHEAT RIDGE, ARVADA, LAKEWOOD, DENVER, THE JEFFERSON COUNTY SHERIFF'S OFFICE, AND THE DISTRICT ATTORNEY FOR THE FIRST JUDICIAL DISTRICT OF COLORADO WHEREAS, in October of 2009,
the cities of Wheat Ridge (the "City"), Arvada and Lakewood and the District Attorney for the First Judicial District of Colorado and the Jefferson County Sheriff's Office entered into
an Intergovernmental Agreement to establish a Jefferson County Regional Auto Theft Task Force (the "IGA"); and WHEREAS, the City and County of Denver has expressed its desire to become
a party to the IGA for purposes of participating in said task force and expanding its operation to include Denver's jurisdiction; and WHEREAS, the parties to the IGA wish to consent
to the addition of Denver as a party and to the expansion of the operative scope of said task force; and and WHEREAS, pursuant to Section 14.2 of the City's Home Rule Charter, the City
Council must approve, by resolution or ordinance, intergovernmental agreements; and WHEREAS, the City Council therefore desires to approve the First Amendment to the IGA, as further
set forth in this Resolution. NOW THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council that: Section 1. The First Amendment to the Intergovernmental Agreement among the Cities of
Arvada, Lakewood, and Wheat Ridge, the District Attorney for the First Judicial District of Colorado, the Jefferson County Sheriff's Office, and the City and County of Denver to Establish
a Metropolitan Auto Theft Task Force, attached to this Resolution and incorporated herein by reference, is hereby approved. Section 2. The Wheat Ridge Chief of Police is hereby authorized
to execute and approve future amendments to the IGA when such amendments are for the sole purpose of adding additional parties to the IGA, as provided in Section 3.6. of the amended
IGA. DONE AND RESOLVED THIS 24th day 7 20"fJ"J~ lio, Mayor Michael Snow, Citv Clerk
FIRST AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT AMONG THE CITIES OF ARVADA, LAKEWOOD, AND WHEAT RIDGE, THE DISTRICT ATTORNEY FOR THE FIRST JUDICIAL DISTRICT OF COLORADO, THE JEFFERSON
COUNTY SHERIFF'S OFFICE, AND THE CITY AND COUNTY OF DENVER TO ESTABLISH A METROPOLITAN AUTO THEFT TASK FORCE This First Amendment to the Intergovernmental Agreement is made and entered
into this __ day of 20 I 0 by and among the Cities of Arvada, Lakewood, and Wheat Ridge, the District Attorney for the First Judicial District of Colorado, Jefferson County, on behalf
of the Jefferson County Sheriffs Office, and the City and County of Denver. WHEREAS, an Intergovernmental Agreement for a regional auto theft task force was entered into October 2009;
by the cities of Arvada, Lakewood, and Wheat Ridge, the District Attorney for the First Judicial District of Colorado, Jefferson County, on behalf of the Jefferson County Sheriffs Office;
and, WHEREAS, the City and County of Denver was not an original party to the Intergovernmental Intergovernmental Agreement; and WHEREAS, the City and County of Denver, a municipal corporation
of the State of Colorado("Denver"), wishes to be added as a Party to the Intergovernmental Agreement; and WHEREAS, Paragraph 3.6 authorizes amendments to the Intergovernmental Agreement
to add counties and cities contiguous to Jefferson County who wish to join this Agreement. NOW, THEREFORE, IT IS HEREBY AGREED by and among the Parties that the following paragraphs
of the Intergovernmental Agreement shall be amended to read as-follows: 1.0 PARTIES: This Agreement is made and entered into by and between the Cities of Arvada, Lakewood, and Wheat
Ridge, the District Attorney for the First Judicial District of Colorado, and Jefferson County, on behalf of the Jefferson County Sheriff s Office, and the City and County of Denver
(hereinafter referred to collectively as the "Parties" and individually as a "Party"). 2.0 RECITALS: 2.6 The Parties desire to establish and implement a Metropolitan Auto Theft Task
Force (hereinafter referred to as the "Task Force"). 2.8 Establishment of an Intergovernmental Agreement serves a public purpose and will promote the safety, security, and general welfare
of the inhabitants of the Denver metropolitan area. 1
3.0 TERMS AND CONDITIONS 3.2 d Exception: Notwithstanding the language in this Section 3.2, this Agreement does not grant arrest powers in Denver to officers or deputies of any agency
except those officers who are members of the Denver Police Department, except in accordance with Colorado law, as may be modified from time to time. 3.3 d. The Lakewood Police Department
shall be the official custodian of Task Force criminal justice records for criminal conduct prosecuted in Jefferson County and the Denver Police Department shall be the official custodian
of Task Force criminal justice records for criminal conduct prosecuted in the City and County of Denver. The Lakewood Police Department and the Denver Police Department are empowered
to release said records in compliance with the Colorado Criminal Justice Records Act (C.R.S. 24-72-301 et seg.) Member Parties may release any Task Force criminal justice records that
are records of that Party or in accordance with established Denver Police Department evidence and property procedures when the seizure is a result of a Denver investigation. 3.3 i. A
Governing Board shall be created to establish policies, rules and procedures and promulgate such, and oversee operational and administrative matters of concern to the Task Force, referred
to as the "Governing Board." The Governing Board shall include the chief law enforcement officer of each City, City and County, the District Attorney of the First Judicial District of
Colorado, and the Sheriff of Jefferson County, or designees thereof. 3.3 j. All forfeitures shall comply with all applicable forfeiture laws. Net forfeitures resulting from seizures
of money and/or personal and real property resulting from Task Force operations shall be distributed by the Governing Boards based upon the relative participation of each agency as determined
by the Governing Board. Net forfeitures shall be defined as money available after deducting all applicable expenses associated with the operation of the Task Force excluding salaries
and benefits of the personnel assigned, including the division of seized assets with agencies not a Party to this Agreement Forfeitures resulting from seizures of money and/or personal
and real property resulting from any individual Party's operations outside of the Task Force operations shall not be considered as funds for the Task Force, and shall be the sole property
of the Party whose operations generated the forfeiture assets. 3.6 Cities situated partly or wholly within Jefferson County or counties and cities contiguous to Jefferson County or the
City and County of Denver who wish to join this Agreement may do so by amendment to this Agreement which shall be approved on the behalf of each Party by its respective chief of police,
sheriff, or chieflaw enforcement officer. 2
11.0 INSURANCE The Parties shall, at their own expense, keep in full force and effect during the term of this Agreement, and during the term of any extension or amendment of this Agreement,
insurance in such amount as necessary to comply with the limitations set forth in the Colorado Governmental Immunity Act (C.R.S. 24-10-101, et. seq.). Minimum insurance standards for
each Party shall be: a. Commercial General Liability Insurance on a comprehensive basis in an amount not less than $1,000,000 combined single limit per occurrence and in the aggregate,
including Law Enforcement Professional Liability insurance with a $1,000,000 general aggregate limit, to insure against the liability assumed by the Parties pursuant to the provisions
ofthis Agreement. b. Auto liability insurance in the minimum amount of $1,000,000 combined single limit for all vehicles owned, operated, or used by the Parties with respect to activities
covered under this Agreement. c. All insurance policies required above shall be issued by companies authorized to do business under the laws of the State of Colorado. The Company must
be rated no less than "A-vii" by the latest edition of Best's Insurance Guide that is published by the A.M. Best Company. d. The Parties shall not be relieved of any liability assumed
pursuant to this paragraph by reason of their failure to secure insurance as required by this Agreement or by reason of their failure to secure insurance in sufficient amounts, sufficient
durations, or sufficient types to cover such liability. Each Party shall be responsible for the acts and omissions of its own officers assigned to the Task Force, and shall not be responsible
for the acts and omissions of other Task Force members. Notwithstanding the foregoing, any Party to this Agreement which is self insured shall not be considered to be in breach of this
Agreement by not having the coverage and policies stated herein. 17.0 FISCAL MANAGEMENT OF GRANT. The City of Lakewood is authorized to act as the fiscal manager of grants received from
the Colorado Automobile Theft Prevention Authority Grant Program administered by the Colorado Department of Public Safety for the funding of the task force. Any disbursement of grant
funds to any Party shall be in accordance with the terms of the grant. The City of Lakewood expressly authorizes its Chief of Police to execute such grant agreements. The Governing Board
may change the fiscal manager of the grant in compliance with the tenns of the grant. 18.0 TERMS AND CONDITIONS OF THE ORIGINAL INTERGOVERNMENTAL AGREEMENT The Parties hereby agree to
abide by all other provisions of the original Intergovernmental Agreement that shall remain unchanged. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the day
and year first above written. 3
Dated this __ day of _____ -', 2010. CITY OF ARVADA Robert G. Frie Mayor ATTEST: City Clerk APPROVED TO FORM: Christopher K. Daly City Attorney 4
Dated this __ day of ____ -', 2010. CITY OF LAKEWOOD Kathleen E. Hodgson, City Manager ATTEST: Margy Greer, City Clerk APPROVED AS TO FORM: Timothy Cox, City Attorney 5
Datedthis gqrt dayof ~ ,2010. CITY OF WHEAT RIDGE /~ ATTEST: ~ Gerald Dahl, City Attorney 6
Dated this __ day of ______ , 2010. THE DISTRICT ATTORNEY FOR THE FIRST JUDICIAL DISTRICT OF COLORADO ATTEST: APPROVED AS TO FORM: 7
Dated this day of _____ -', 2010. JEFFERSON COUNTY ATTEST: APPROVED AS TO FORM: 8
Dated this __ day of ______ , 2010. THE JEFFERSON COUNTY SHERIFF'S OFFICE ATTEST: APPROVED AS TO FORM: 9
Dated this __ day of ______ " 2010. ATTEST: STEPHANIE Y. O'MALLEY, Clerk and Recorder, Ex-Officio Clerk of the City and County of Denver RECOMMENDED AND APPROVED: APPROVED AS TO FORM:
REGISTEREDANDCOUNTERSIGNED: CITY AND COUNTY OF DENVER By: __ ~~~ ____ ___ MAYOR By: __ ~ _ ~~ ____ __ Manager of Safety By: __ ~~~-= _____ __ Chief of Police Attorney for the City and
County of Denver By: ----c------c--c-----Manager of Finance Contract Control No. RC00009 By:_~~_=-~ __ _ Assistant City Attorney By: _~~ _____ _ Auditor "DENVER" 10
SECOND AME!'iDMENT TO THE INTERGOVERNMENTAL AGRfTMENT AMONG THE CITIES OF ARVADA. LAKEWOOD. AND WHEAT RIDGE. TIlE DISTRICT ATTORNEY FOR THE FIRST JUDICIAL DISTRICT OF COLORADO. TilE
JEFFERSO)\ COUNTY SHERIFF'S OFFICE. AND nil' CITY AND COU?\TY OF DE?\VER ADDING THE CITY OF WEST\lINSTER TO THE \IETROPOI ITA?\ AUTO THEFT TAS,," FORCE This Second" i\mendmct;t"Jo~le,
l,nterg(lVemmental Agrcement is made and entered into this 01] .. day of .~.Y.,-_. ..2010. hy and among the Cities "r An'ada. Lakewood. and \Vheat Ridge. the Di(rict Attorney tilr the
First Judicial District of Co"'rado. Jefferson County, on behalf of the kfferson County Sheriffs Oftiec. the City and County of Denver and the City of Westminster. WHEREAS. an Intergovernmental
Agreement for a regional auto theft task tilrce was entered into Oetoher 2009: hy the cities of Arvada. Lakewood, and Wheat Ridge. the District Attorney for the First Judicial District
of Colorado. Jefferson COllI1ty. on behal f of the Jefferson County Sheriffs Oftiee: and. WHEREAS. a First Amendment to the Intergovemmental Agreement was approved in ~O I 0 by the memhers
of the task f(lrec which added the City and C(lunty of Denver to the task t(lrCe and establishing the Metropolitan Auto Task Force: and WHEREAS, the City City of Westminster, a municipal
corporation of the State of Colorado("'Westminster"'j, wishes to be added as a Party to the Intergovemmemal Agreement: and WI·fER'EAS. Paragraph 3.6 authori/.es amendments to the Intergovernmental
Agreement to add cities situated partly or wholly within Jefferson County who wish to join this Agreement. "lOW. THEREFORE. IT IS HEREBY AGREED by and among the Parties that the [(lliowing
paragraphs of the Intergovernmental Agreement shall be amencled to read as j(lliows: 1.0 PARTIES: This Agreement is made and entered into by and between the Cities of Arvada, Lakewood.
and Wheat Ridge. the Distl;ct Attomey telr the First .Iudicial District of Colorado. and Jefferson County. on behalf of the .Iefferson Ctlunty Sherifrs Office. the City and County of
Denver and the City of Westminster (hercinafier referred to collectively as the "'Partics" and individually as a "Party'").
The Panics hereby agree to abide hy all other provisions of the original Intergovernmental Ab'fCelllent and the First Amendment to the IntcrgOlerl1l11ental Agreement that shall remain
unchanged. 10: WITNESS WHEREOF. the Parties hereto ha\'C executed this Agreement as \)1' the day and year first above written. City Of W cstminster Approved As To Form (;L~//zts (;;/City
Altomey Office
Print Name Arvada Police (See attached signature page) Lakewood Police (See attached signature page) Wheat Ridge Police The District Attomey for the First Judicial District of Colorado
Jefferson County Jefferson County Sheriff Denver Police Signature
SECOND AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT AMONG THE CITIES OF ARVADA, LAKEWOOD, AND WHEAT RIDGE, THE DISTRICT ATTORNEY FOR THE FIRST JUDICIAL DISTRICT OF COLORADO, THE JEFFERSON
COUNTY SHERIFF'S OFFICE, AND THE CITY AND COUNTY OF DENVER ADDING THE CITY OF WESTMINSTER TO THE METROPOLITAN AUTO THEFT TASK FORCE ATTEST: City Clerk CITY OF A/R'.V ADA /If //f /) (
/! ! /:/I /I ii' __ ~ /11M vt--f.___ __ ___ _ Don Wick, Chief of P6lice Arvada Police Department APPROVED AS TO FORM: .jCll3kLS-,X:t(/(~'L'\0TlV\ F{'\ Christopher K. Daly, City Attorney
l'
CITY OF LAKEWOOD ATTEST: APPROVED AS TO FORM Attorney 8
ATTEST: Michael Snow, City Clerk CITY OF WHEA T RIDGE Daniel G. Brennan, Chief of Police Wheat Ridge Police Department
I IRS! .!llllICli\!. DISTRICT ATTORNEY ArrEST: )A~--~,-------... Shannon Carh()ll~, Notary Public
The Parties hereby agree to abide by all other provisions of the original Intergovernmental Agreement and the First Amendment to the Intergovernmental Agreement that shall remain unchanged.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the day and year first above written. JEFFERSON COUNTY SHERIFF'S OFFICE -!.b(YJ~ Shel'itfTed Mink ;1 Alte.~y
'. "I'-t~~~~ Appro v e d as tG.-.l"(ffi]'h-" c---_( \. ~ avid Wunderlich, county/e,
SECOND AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT AMONG THE CITIES OF ARVADA, LAKEWOOD, AND WHEAT RIDGE, THE DISTRICT A HORNEY FOR THE FIRST JUDICIAL DISTRICT OF COLORADO, THE JEFFERSON
COUNTY SHERJFF'S OFFICE, AND THE CITY AND COUNTY OF DENVER ADDING THE CITY OF WESTMINSTER TO THE METROPOLITAN AUTO THEFT TASK FORCE Approved: DS"'" 1 Q Gerald R, Whitman, Chief of Police
\ Date Denver Police Department