HomeMy WebLinkAboutResolution 2012-0058TITLE:
CITY OF WHEAT RIDGE, COLORADO
RESOLUTION 58
Series of 2012
A RESOLUTION APPROVING AN INTERGOVERNMENTAL
AGREEMENT BETWEEN THE CITY OF WHEAT RIDGE AND THE CITY
OF LAKEWOOD AUTHORIZING PAYMENT OF $68 ,900 FOR THE USE
OF LAKEWOOD POLICE DEPARTMENT CRIME LAB/CRIME SCENE
SERVICES
WHEREAS, the Lakewood Police Department possesses both a forensic
crime lab and personnel that provide services that enhance investigative capabilities on
crime scenes; and
WHEREAS, the Wheat Ridge Police Department is desirous of utilizing these
resources to more effectively manage its crime scene investigation ; and
WHEREAS, one (1) additional Crime Scene Analyst hired by Lakewood will
adequately staff the crime response team sufficient to service Wheat Ridge's needs;
and
WHEREAS, the effect of the additional Crime Scene Analyst will be that
Wheat Ridge will receive services equivalent to one (1) full-time employee; and
WHEREAS, the parties wish to establish a cooperative working relationship
between them to provide for the use of the forensic crime lab and personnel hereafter
described in this Agreement;
NOW THEREFORE BE IT RESOLVED by the City Council of the City of
Wheat Ridge, Colorado, as follows :
This Agreement shall be in full force and effect on the date that both Parties have
executed this Agreement (the "Effective Date"). This Agreement shall automatically
renew for one {1) year terms on the anniversary of the Effective Date. A Party may
terminate its participation in this Agreement with or without cause after ninety {90) days
written notice to the other Party.
DONE AND RESOLVED this 1Oth day of December 20} 2. ~
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ATTEST:
AGREEMENT
THIS AGREEMENT is made and entered as of the 1'11 day of January, 2013, by
and between the CITY OF WHEAT RIDGE, COLORADO, a Colorado municipal
corporation , (hereinafter referenced as "Wheat Ridgep), and the CITY OF LAKEWOOD,
COLORADO, a Colorado municipal corporation , (hereinafter referenced as •lakewood").
RECITALS
WHEREAS , Lakewood possess both a forensic crime lab and personnel that
provide services that enhance investigative capabilities on crime scenes ; and
WHEREAS, Wheat Ridge is desirous of utilizing these resources to more
effectively manage its crime scene investigation; and
WHEREAS. one (1 } additional Crime Scene Analyst hired by Lakewood will
adequately staff the crime response team sufficient to service Wheat Ridge's needs; and
WHEREAS, the effect of the additional Crime Scene Analyst will be that Wheat
Ridge w ill receive services equivalent to one (1) full-time employee; and
WHEREAS , the parties wish to establish a cooperative working relationship
between them to provide for the use of the forens ic crime lab and personnel hereafter
described in this Agreement.
COVENANTS
NOW THEREFORE, in cons ideration of the rec itals , covenants, and promises herein set
forth and other good and valuable consideration herein received , the parties agree as
follows :
1. Definitions. As used herein. the following tenns have the meanings set
forth :
a. Ancillary scene/ancillary crime scene: A scene that is not the primary
scene of a call-out Ancillary scenes include, but are not limited to:
hospitals , veh icles and the Lakewood Police Department when used to
create search warrants and process victims and/or suspects.
b. Ga ll -out: A request made by either the Wheat Ridge or lakewood Police
Department for a Crime Scene Analyst, and any other personnel as may
be deemed necessary, to visit a crime scene and to begin the
investigation and analysis necessary to resolve that particular case .
c. Court preparation : Includes, but is not limited to : photo processing and
preparation, diagram production, pre-trial meetings, consultation and
other work done to prepare for any court proceedings resulting from a
crime scene investigation .
d. Crime Scene/Scene : Either a pri mary or ancillary scene as defined in this
section.
e. Crime Scene Analys t: A non-sworn member of the La kewood Police
Department specializing in crime scene investigation .
f . Forensic crime lab/crime labnab . A lab specially designed to aid in the
investigation and analysis of evidence found at a primary crime scene or
any ancillary crime scene.
g Image analysis: Follow-up work done in the lab, which includes, but is
not limited to : review of Images and providing stills from surveillance
tapes.
h . Latent print work: Follow-up work done in the lab , which includes:
processing, eva luation and comparison of fingerprints . as well as entry of
such fingerprints into Lakewood's A.F.I.S. (Automated Rngerprint
Identification System), AFIX and I.A.F.I.S. {Integrated Automated
Fingerprint System).
i. Overtime : Time worked by any Crime Scene Analyst beyond the normal
working hours as scheduled on a weekly bas is.
j . Primary scene/primary crime scene: The location where a crime is
committed.
2. Availability of crime scene investigation resources.
Lakewood shall make its forensic crime lab and personnel available to Wheat Ridge
under the terms set forth in this Agreement.
3. Scope of services.
Wheat Ridge may make a call-out request for a Crime Scene Ana lyst in the
circumstan ces as set forth in Exhibit 1 {the "Call-out Policy") herein attached .
Lakewood shall provide the following services to Wheat Ridge In conjunction with
each Wheat Ridge call-out:
a . At least one {1) Crime Scene Analyst at the primary scene of the call-out;
b . At least one (1) Crime Scene Analyst at any ancillary scenes;
c . Chemical preparation for any required process ing at a scene; and
d. Follow-up preparation and evaluation of evidence in Lakewood's or
Wheat Ridge's lab. Follow-up in the lab includes, but is not limited to:
i . Documentation of cloth ing and other items of evidentiary value;
II. Bloodstain pattern analysis both at the scene and in the lab.
Bloodstain pattern analysis includes presumptive testing for blood;
iii. Latent print work ;
1v. Footwear and tire track processing and comparison :
v. Alternate light source examinations :
vi. Fracture match examinations ;
vii. Image analysis;
v iii. Image processing and the archival storage and reproduction of
images which includes: time , material and storage expense;
ix. Report writing and diagramming, whtch includes laser mapping ;
x . Gunshot residue collection;
xi. Court preparation; and
x ii. Court testimony.
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4. Procedure.
All evidence that is not needed for immediate forensic examination shall be booked
into Wheat Ridge property and evidence. Wheat Ridge shall be responsible for any
required viewings of evidence.
5. Standard. access and quality of service.
With regard to all services provided under this Agreement, when responding to a
request from Wheat Ridge, Lakewood shall provide the same standard of service,
quality of service and accessibility to Wheat Ridge, as it does for all of Its own call-
outs. At a minimum, at least one (1) Crime Scene Analyst will respond to all primary
and ancillary crime scenes. Additional personnel may be called to the scene as
necessary and as they become available. In light of the addition of a new full-time
Crime Scene Analyst pursuant to Paragraph 7(a) hereof, it Is the expectation of the
parties that this staffing increase will permit a Crime Scene Analyst to respond to any
Wheat Ridge and/or Lakewood call-out for evidence collection .
6. Assignments.
Assignments to each call-out shall be made by Lakewood . Wheat Ridge shall
provide security for any Crime Scene Analyst who is at the scene of a Wheat Ridge
incident.
7. Compensation.
In return for services provided and access to crime scene investigation resources .
Wheat Ridge shall compensate Lakewood in the following manner.
a . Salary. benefits and other associated costs. Wheat Ridge shall
pay the salary, benefits and other costs associated with Lakewood
retaining one ( 1) full-time Crime Scene Analyst. During the first twelve
(12) months of employment, salary for said employee shall not exceed
$61,610. Salary shall ba payable In advance in quarterly installments of
$15,402 .50. Changes in salary, benefits, overtime and other associated
costs of this Agreement shall be made during each party's budget
process, (typically completed In the months of May and June) but in no
event shall such changes be communicated to the other party later than
one ( 1 ) week prior to submission of the final budget to the party's
respective City Managers' offices for approval
i. Overtime. Wheat Ridge shall pay all hourly overtime costs for
Crime Scene Analysts on Wheat Ridge call-outs at the overtime
rates paid by Lakewood for all overtime incurred by such Crime
Scene Analysts. Within thirty (30) days of receipt of the invoice
from Lakewood, Wheat Ridge shall pay all overtime costs
Incurred. The parties understand that this rate may change from
time to time, upon 45 days advance written notice from Lakewood
to Wheat Ridge .
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b. Replenishment of supplies . The City of Wheat Ridge agrees to
provide replenishment of supplies consumed in the course of an investigation.
These supplies include, but are not limited to, fingerprint powder. tape and
brushes. cas ti ng material and chem icals used in the development of latent
impressions and latent blood detection.
c. Personnel support. The City of Wheat Ridge agrees to provide
financial support for the analyst in the amount of $1,600 per year. This funds the
employee's training costs, pager, cell phone and clothing expenses . This fee will
be billed quarterly in pro-rated amounts.
d. Scope. This Agreement shall not be read to include access to
Lakewood's Computer Forensics Technician .
8 . Staffing.
The Lakewood forensic crime lab shall be staffed by Lakewood employees
exclusi vely. Lakewood shall hire one (1) additional Crime Scene Analyst who will be
a Lakewood employee for all purposes, including, but not limited to: discipline and
supervision .
9 . Records and retention.
All phys ical records and evidence generated by the crime lab and its personnel shall
remain in the possession of Lakewood for the limited purpose of forensic
exam ination . Upon completion of such examination, such physical records and
evidence shall be maintained by Wheat Ridge. legal ownership of such records and
evidence from any Wheat Ridge crime scene shall rema in exclusively with Wheat
Ridge. Wheat Ridge shall have all responsibility for responding to records inspection
requests and any subpoenas for records with respect to Wheat Ridge crime scenes.
10. Use of facilities.
Lakewood shall have access to the Wheat Ridge facilities necessary to carry out this
Agreement. Furthermore, Lakewood shall have access to the evidence facility
owned by Wheat Ridge located at 11220 W . 45 111 Avenue, Wheat Ridge, Colorado
80033-2500.
11 . Compliance with Colorado Constitution Article X Section 20.
The obligatJons of the parties hereunder are expressly subject to annual
appropriation of amounts necessary In the sole and exclusive discretion of their
respective governing bodies . Nothing in this Agreement constitutes or is intended to
create a multi-year fiscal obligation or debt of e ither party within the meaning Article
X, Section 20 of the Colorado Constitution .
12. Effec;tive Date .
Th is Agreement shall take effect on the 111 day of January, 2013 , or upon execution
of this Agreement by both parties, whichever event occurs last.
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13. Term.
The term of this Agreement shalf be twelve (12) months from the Effective Date.
14. Termination.
Either party may terminate this Agreement for any reason upon providing sixty {60)
days notice to the non-terminating party; provided, however, that the non-terminating
party is given at least thirty (30) days to effect a cure. Notice of termination must
state the reason the party is terminating the Agreement such that the non-terminating
party is given adequate information to cure. Any notice given under this section shall
be sufficient if personally delivered or if sent by certified mall, retum receipt
requested, addressed as follows:
If to Wheat Ridge:
With a copy (which shall
not constitute notice) to:
If to Lakewood :
With a copy {which shall
not constitute notice) to :
7500 W. 29th Ave.
Wheat Ridge, CO 80033
Gerald E. Dahl
Murray Dahl Kuechenmeister
& Renaud LLP
2401 15th Street. Ste . 200
Denver, Colorado 80202
Lakewood Public Safety Ctr.
445 S. All ison Pkwy .
Lakewood, CO 80226
Office of the City Attorney
Lakewood Civic Center
480 S. Allison Pkwy.
Lakewood, CO 80226
Notices personally delivered shall be effective upon delivery. Mailed notices
shall be effective three (3) business days after mailing .
15. Waiver.
Failure to ins ist upon strict compliance with any of the terms, covenants and/or
conditions hereof shall not be deemed a waiver of such terms, covenants and/or
conditions, nor shall any waiver or relinquishment of any right or power hereunder at
any one time or more times be deemed a waiver or relinquishment of such right or
power at any other time or times.
16. Amendments to Agreement.
No changes, alterations or modifications to any of the provisions hereof shall be
effective unless conta ined in a written agreement signed by both parties .
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17. Entire Agreement.
This Agreement shall constitute the entire agreement between the parties hereto and
shall supersede all prior contracts, agreements, proposals, representations,
negotiations and letters of intent, whether written or oral, pertaining to the subject
matter of this Agreement.
18. Governing Jaw; se verability.
The laws of the State of Colorado shall govern the interpretation, validity,
performance and enforcement of this Agreement. For the resolution of any dispute
arising hereunder, jurisdiction and venue shall be proper and exclusive In the Courts
of the County of Jefferson, State of Colorado. If any provis ion of this Agreement
shall be held to be invalid or unenforceable, the validity and enforceability of the
remaining provisions of this Agreement shall not be affected thereby.
19. Paragraph headings.
Paragraph headings are inserted for convenience only and in no way li mit or define
the interpretation to be placed upon this Agreement.
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20. Binding agreement
Th is Agreement shall be binding upon and for the benefrt of the parties hereto, their
successors and assigns.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
day and year first above written .
WHEAT RIDGE :
ATTEST:
Janelle Shaver, City Clerk
LAKEWOOD:
AITEST:
CITY OF WHEAT RIDGE, COLORADO, a
Colorado municipal corporation
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CITY OF LAKEWOOD, COLORADO, a
Colorado municipal corporation
By: ____________ _ By: _____________ _
Margy Greer, City Clerk Kevin Paletta, Chief of Police
Approved as to form:
By: ____ --:--:---------
Office of the City Attorney
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Exhibit _1_ Call Out Polley
Call Out Policy
1. Homicides and attempted homicides
2 . Questionable (suspicious) and accidental deaths
3 . Suicides
4 . Felony Sex Assaults
5. First & Second degree assaults on poll ee or fire personnel.
6. Assaults with potentially life threatening injuries to any person .
7. Fire investigations involving human death or potentially life threatening injuries;
or at the request of fire investigators for technical assistance.
8 . Felony child abuse .
9. First or Second degree kidnapping
10. Police involved shootings
11. Other types of Incidents when the sensitivity of the investigation or a forensic
complexity precludes the normal processing option, at the discretion of the
supervisor.
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Addendum: Current wages of employees (1/1/13):
Erin O'Neil $26.64/hr $39.96/hr OT
Sheri Shimamoto $28.34/hr $42.51/hr OT
Ken Pomeranz $32.71/hr $49.06/hr OT
Victoria Parker $33.64/hr $50.46/hr OT
Patrick Bohan (supv.) $46.23/hr $69.34/hr OT
Dawn Fink $30.71/hr $46.06/hr OT
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