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HomeMy WebLinkAboutResolution 2008-0035 CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 35-2008 TITLE: A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT FOR THE PROVISION OF SERVICES AND AID IN PREPARATION FOR AND DURING THE DEMOCRATIC NATIONAL CONVENTION WHEREAS, the City of Denver has presented an Intergovernmental Agreement (IGA) that establishes agreements between the City of Denver and the City of Wheat Ridge for the provision of services and aid in preparation for and during the Democratic National Convention; WHEREAS, the IGA establishes provisions for adequate compensation for the planning, training, operation and equipment provided by the City of Wheat Ridge and establishes appropriate liability and Workers Compensation insurance; WHEREAS, this is an important component for the upcoming Democratic National Convention that is a significant and unique regional event; WHEREAS, the Wheat Ridge Police Department has established an operational plan for the provision of complete and continuous public safety services within the City of Wheat Ridge to include emergency operations; and WHEREAS, this IGA is a legally binding document that establishes a mechanism for the provision of services and resources, the compensation for those services and resources and insurance to cover the provision of services and resources. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE THAT: Approves the Intergovernmental Agreement between the City of Wheat Ridge and the City of Denver concerning the provision of services and aid in preparation for and during the Democratic National Convention. DONE AND RESOLVED at a meeting of the Ci Council of the CitlWheat Ridge, Colorado on the \ l..\- ~ day of * 2008. ~ J-,JL /; ,/JJv V- I ViTullio, Mayor ATTEST: ~~4~)'D~\j INTERGOVERNMENTAL AGREEMENT FOR THE PROVISION OF SERVICES AND AID IN PREPARATION FORAND DURING THE DEMOCRATIC NATIONAL CONVENTION THIS INTER~OVERNMENTAL AGREEMENT (the Agreement") is made and entered into this ILf day of "J\.A./ "\ , 2008, by and between the CITY AND COUNTY OF DENVER ("CITY"), a municipal corporation of the State of Colorado and the CITY OF WHEAT RIDGE ("AGENCY"), a Colorado home rule municipal corporation of the State of Colorado (each a "party" and collectively the "parties"), PURPOSE This Agreement shall outline the responsibilities of the parties in preparation for and during the 2008 Democratic National Convention ("DNC"), relating to personnel deployment and rights and obligations for reimbursement. The parties form this Agreement under authority of C,R.S. S 29-1-203 and C,R.S. S 29-5-104, The Denver Police Department ("DPD") is responsible for the overall security planning and operations for this event. 1. SERVICES AND TERMS AND CONDITIONS OF OPERATIONS A. AGENCY COMMITMENT OF PERSONNEL The Agency agrees to supply personnel, and to perform functions and services in preparation for and during the 2008 DNC in the City and County of Denver. Such personnel so assigned and performing duties as provided herein shall have the same power within the City as do regular law enforcement officers of the City. The personnel to be provided by the Agency are set forth in Exhibit B attached to this Agreement and incorporated herein. Exhibit B also sets forth the hourly overtime rates at which the City will reimburse the Agency for all personnel hours provided pursuant hereto. The functions and duties to be performed by the Agency's personnel and reimbursed by City will conform to the City's 2008 DNC Operational Plan (the "Plan"), with specific assignments to be communicated to the Agency by the Commanding Officer (as defmed below) or his designee. Except as otherwise provided herein, nothing in this Agreement shall affect the statutory or common law authority of an Agency or its persol)llel, nor shall this Agreement limit or enhance the respective liabilities and immunities of the parties. B. FISCAL ADMINISTRATION Costs incurred shall be reimbursed by the City in accordance with the fiscal administration requirements set forth in Exhibit A attached hereto and incorporated herein, to the extent such costs are allowable and reimbursable pursuant to the federal grant to the City for the 2008 DNC (the "DNC Grant"), The City will provide Agency sufficient information to allow the Agency to seek reimbursement within sufficient time to allow the Agency to apply for and receive such reimbursement within the requirements ofthe grant. 2. COORDINATION AND LIAISON: The Agency agrees that during the term of this Agreement it shall fully coordinate all services hereunder with the City through the following: A designee. For fiscal issues, including reimbursement, the Deputy Manager of Safety or his B. For operational service issues, the Deputy Chief of Operations or the commanding officer of the Operations Planning Unit ("Commanding Officer"), The City agrees that during the term of this Agreement it shall fully coordinate all services hereunder with the Agency through the individuals identified in Exhibit B. The City and the Agency may in writing designate alternate personnel for coordination and liaison, 3. NOTICES: Notices concerning the termination of this Agreement, alleged or actual violations of the terms or conditions of this Agreement, and other notices that mayor should be given to either party under this Agreement will be made to each party as follows: For Notice to the City: Mayor John Hickenlooper 1437 Bannock Street, Room 350 Denver, Colorado 80202 With copies to: City Attorney 1437 Bannock Street, Room 353 Denver, Colorado 80202 Deputy Manager of Safety P.O, Box 40098 Denver, CO 80204 For Notice to the Agency: City Manager Randy Young 7500 W, 29th Avenue Wheat Ridge, CO 80033 With a copy to: City Attorney Gerald Dahl 2401 15th Street Suite 200 Denver, CO 80202 2 4. TERM OF AGREEMENT: The term ofthe Agreement shall commence as of January 1, 2008 and terminate on December 31, 2008, or the last date by which funds pursuant to the DNC Grant must be requested, whichever is later. The Agency shall provide personnel during mutually agreed upon times during the term of the agreement and will provide core services and resources for operations in preparation for and during the DNC, as described in Exhibit B. The period from August 23, 2008 through August 29,2008 is referred to in the exhibits to this Agreement as the "Convention Core Period." 5. MUTUAL BENEFITS TO PARTIES: CONSIDERATION: Other than those payments made from appropriations by the Federal govemment pursuant to the DNC Grant, consideration for this Agreement shall be non-monetary and shall consist of enhanced public safety and improved law enforcement activity in the Denver metropolitan area in preparation for and during the DNC, and other mutual benefits through the cooperative efforts of the parties under this Agreement. The maximum amount reimbursable to the Agency pursuant to this Agreement, based upon the parties' estimate of Agency personnel required for the DNC is Two Hundred Fifty-Niue Thousand Nine Hundred Sixty-Two and 95/100 U.s. Dollars ($259,962.95), inclusive of all approved costs and maximum contract reimbursement, as set forth in Exhibit B. It is understood and agreed that any payment obligation of any of the parties hereunder, whether direct or contingent, and for any claimed purpose whatsoever, shall extend only to funds appropriated by the governing body of such party, encumbered for the purpose of the Agreement and paid into the treasury of the party. 6. STATUS OF AGENCIE~: It is understood and agreed by and between the parties that the status of the Agency shall be that of an independent political subdivision and it is not intended, nor shall it be construed, that any party or any officer, employee, or agent of the Agency is an officer, employee, loaned employee, or agent of the City for purposes of unemployment compensation, workers' compensation, governmental immunity or for any purpose whatsoever unless otherwise provided herein. Except to the extent covered by the insurance policy acquired by the City as referenced in Section 12 herein, each party acknowledges that it remains fully responsible for any and all obligations as the employer of its officers or other personnel assigned to the DNC, including, among other things, responsibility for the payment of the earnings, overtime earnings, withholdings, insurance coverage, workers compensation, medical and legal indemnity where appropriate, and all other requirements by law, regulations, ordinance, or contract. For purposes of workers' compensation, the Agency's employees will remain employees of the Agency and that, in the event the City is deemed a "statutory employer" of the Agency's employees under C,R.S S 8-41-401(1), the City will maintain immunity from tort lawsuits pursuant to the exclusive remedy provisions of the Worker's Compensation Act of Colorado. Notwithstanding the above, Agency officers performing services pursuant to this Agreement (i) will abide by the DPD's use of force and crowd management policies, a copy of which has been provided to Agency if performing crowd management functions, and (ii) may be removed from duty at the DNC by order ofthe Commanding Officer. 7. TERMINATION OF AGREEMENT: Either party may withdraw and terminate their involvement in this Agreement with cause, upon sixty (60) days' prior written notice to the other party, provided that Agency shall be able to terminate this Agreement in the case of a catastrophic 3 event or unforeseen emergency which requires such a commitment of Agency's resources that would preclude it from performing its obligations under the Agreement. 8. WHEN RIGHTS AND REMEDIES NOT W A1VEQ: Acceptance of partial performance or continued performance after breach shall not be construed to be a waiver of any such breach. 9. EXAMINATION OF RECORDS: The Agency agrees that any duly authorized representative of the City, including the City's auditor or other financial representative, or a federal grant auditor, will have access to, and the right to, examine any directly pertinent books, documents, papers, records and data of the Agency, involving fmancial matters related to this Agreement until the expiration of seven (7) years after the final termination of this Agreement. 10. GOVERNING LAW: Each and every term, condition, or covenant herein is subject to and shall be construed in accordance with the provisions of Colorado law and any applicable federal law. Any action arising from this Agreement shall be brought and maintained in a State or federal court in Colorado which shall have exclusive jurisdiction of such action. No legal or equitable rights ofthe parties shall be limited by this Section, 11. ASSIGNMENT AND SUBCONTRACTING:: Neither party is obligated or liable under this Agreement to any party other than the other party to the Agreement. Each party understands and agrees that it shall not assign or subcontract with respect to any of its rights, benefits, obligations or duties under this Agreement except upon prior written consent and approval of the other party, and in the event any such assignment or subcontracting shall occur, such action shall not be construed to create any contractual relationship between the parties and such assignee or subcontractor, and each party herein named shall remain fully responsible to the other party according to the terms ofthis Agreement. 12. INSURANCE: The City agrees to procure law enforcement liability and workers compensation insurance (DNC Security Policy) to cover the acts of each party during the provision ofDNC security services, subject to any policy limits and deductibles applicable, The parties hereto agree that the City's liability under this Agreement is limited by the coverage provided by and the limits of the DNC Security Policy. The parties hereto understand and agree that each party is relying upon, and has not waived, the monetary limitations (presently $150,000 per person, $600,000 per occurrence) and all other rights, immunities and protection provided by the Colorado Governmental Immunity Act, C.R.S. S 24-10-101, et seq, The City shall give the Agency a credit of $19,530.00 for use in those situations where the Agency would otherwise be responsible for any deductible under the DNC Security Policy. Once such credit is expended, the Agency shall be responsible for any deductible payments attributable to it. City shall provide Agency with notice whenever the credit is applied to the deductible. The deductible credit is an obligation of the City and is not dependent upon the DNC Grant. For any and all acts and omissions which may fall outside the scope of the DNC Security Policy, or any liability which may exceed the policy limits of the DNC Security Policy, the parties will be self-insured as required by Colorado law, or will maintain adequate insurance to insure the types of activities undertaken in this Agreement. Further, each party will, at all times, maintain auto insurance, equipment and/or equipment insurance for its own automobiles, equipment and other property, and in the event that damage to such automobiles and/or equipment is not covered by the DNC Security Policy, neither 4 party will be responsible for damage to the other party's automobiles, equipment or other property. Reimbursement rates for the use of equipment and vehicles are specified in Exhibit B. 13. NO THIRD PARTY BENEFICIARY: It is expressly understood and agreed that enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the parties to the Agreement, and nothing contained in this Agreement shall give or allow any such claim or right of action by any other or third person or" entity on such Agreement, including but not limited to members of the general public. It is the express intention of the parties that any person or entity, other than the parties to this Agreement, receiving services or benefits under this Agreement shall be deemed to be an incidental beneficiary only, 14. CONFIDENTIAL INFORMATION: OPEN RECORDS: The parties shall not at any time or in any manner, either directly or indirectly, divulge, disclose or communicate to any person, firm or corporation in any manner whatsoever any information concerning any matters which are not subject to public disclosure, including without limitation police records or medical records of or pertaining to persons dealt with Wlder this Agreement and other privileged or confidential information, The parties shall comply with all applicable local, state or federal laws and requirements pertaining to maintenance and disclosure of personal, criminal justice, medical or health records or data, including but not limited to the Colorado Open Records Act, the Colorado Criminal Justice Records Act, the federal Freedom of Information Act (FOIA), the Health Insurance Portability and Accountability Act of 1996 (HIP AA), and those methods, procedures and othelWise set forth as privileged by the Secret Service or other governmental entity. Such records or data may be in hardcopy, printed, digital or electronic format. If either party has custody of a record provided by the other party, that contains specialized details of security arrangements or investigations, the party shall refer any request to inspect that record to the other party, as provided at section 24-72-204(2)(a)(VIII)(C), CRS. 15. PARAGRAPH HEADINGS: The captions and headings set forth in this Agreement are for convenience of reference only, and shall not be construed as defining or limiting the terms and provisions in this Agreement. 16, SEVERABILITY: If any part, term, or provision of this Agreement, except for the provisions of the Agreement requiring prior "pp,vp,;ation of funds, is by the courts held to be illegal or in conflict with any law of the State of Colorado, the validity of the remaining portions or provisions shall not be affected, and the rights and obligations of the Agency shall be construed and enforced as if the Agreement did not contain the particular part, term, or provision held to be invalid. 17. AGREEMENT AS COMPLETE INTEGRATION - AMENDMEN~: This Agreement is intended as the complete integration of all understandings between the parties as to the subject matter of this Agreement. No prior or contemporaneous addition, deletion, or other amendment hereto shall have any force or effect, unless embodied herein in writing. No subsequent novation, renewal, addition, deletion, or other amendment hereto shall have any force or effect unless embodied in a written amendatory or other Agreement properly executed by the parties. No oral representation by any officer or employee of the Agency at variance with the terms and 5 conditions of this Agreement, or any written amendment to this Agreement, shall have any force or effect or bind the Agency. Amendments to this Agreement will become effective when approved by all parties and executed in the same manner as this Agreement. This Agreement and any amendments will be binding upon the parties, their successors and assigns. 18. SURVIVAL OF CERTAIN PROVISIONS: The terms of the Agreement and any exhibits and attachments that by reasonable implication contemplate continued performance, rights, or compliance beyond expiration or termination of the Agreement survive the Agreement and will continue to be enforceable. Without limiting the generality of this provision, the City's obligations to provide insurance as set forth in Section 12 will survive for a period equal to any and all relevant statutes of limitation, plus the time necessary to fully resolve any claims, matters, or actions begun within that period, 19. LEGAL AUTHORITY: A, Each party represents that it possesses the legal authority, pursuant to any proper, appropriate and official motion, resolution or action passed or taken, to enter into this Agreement. B. The person or persons signing and executing this Agreement on behalf of each party hereby represents and guarantees that he/she or they have been fully authorized by such party to execute tlris Agreement on behalf of the party and to validly and legally bind the party to all the terms, performances and provisions herein. C. The City will have the right, at its option, to either temporarily suspend or permanently terminate this Agreement, if there is a dispute as to the legal authority of either the Agency or the person signing the Agreement on behalf of such Agency to enter into this Agreement. 20. COUNTERPARTS OF THIS AGREEMENT: This Agreement will be executed in two (2) counterparts, each of which shall be deemed to be an original of this Agreement. BALANCE OF PAGE INTENTIONALLY BLANK 6 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. ATTEST CITY AND COUNTY OF DENVER By: STEPHANIE Y. O'MALLEY, Clerk and Recorder, Ex-Officio Clerk of the City and County of Denver Mayor RECOMMENDED AND APPROVED: By: APPROVED AS TO FORM Manager of Safety DAVID R. FINE, Attorney for the City and County of Denver By: Chief of Police By: REGISTEREDANDCOUNTERSIGNED: Assistant City Attorney By: Manager of Finance Contract Control No, By: Auditor "CITY" ATTEST: ~~r A(lJZfi} ~o Cit~~~ CITY O~EA:f)GE BY:~//) /J~Li~ /yV~ ' ~ "AGENCY" 7 EXHIBIT A CITY & COUNTY OF DENVER INTER-GOVERMENT AL AGREEMENT 2008 DEMOCRATIC NATIONAL CONVENTION FISCAL ADMINISTRATION REQUIREMENTS I. BASIC REIMBURSEMENT REOUIRMENTS A. SECURITY WORK REQUIREMENT: Only activities and costs directly incurred for approved security work, approved administrative support work or core services as defined in Exhibit B in preparation or training for or during the ONC, will be reimbursed. B. APPROVAL PROCESS: All requests for reimbursement shall be completed on the required forms and contain written certification of the costs signed by the Agency Financial Officer noted in Exhibit B, Reimbursement requests shall be sent to the Deputy Manager of Safety, or designee, of the City, II. RECORDS AND REIMBURSEMENT FORM REOUlREMENTS A. REIMBURSEMENT FORM: The form for requesting reimbursement for personnel costs is attached hereto and incorporated hereto as Attachment 1. The City may modify and update these required forms as it reasonably determines necessary, in order to meet its internal or external auditing needs or the requirements of the City, DPD, Plan and/or DNC Grant. B. AGENCY REQUIRED DOCUMENTATION FOR PERSONNEL COSTS: The Agency will be required to maintain individual payroll records as supporting documentation for reimbursement requests submitted to the City, These records may be in hard copy or electronic time and effort systems and must back up any and all payroll costs incurred and billed. Records must include staff name, date and time worked in support of the Plan. C. SUBMISSION OF REIMBURSEMENT REQUESTS: The Agency may submit reimbursement requests on a monthly basis or in accordance with the following calendar: Activitv/Cost Time Period Deadline for snbmission Costs for the period 10/1/07 - 5/31/08 Costs for the period 6/1/08 - 7/31/08 Costs for the period 8/1/08 - 9/30/08 July 15, 2008 August 31, 2008 October 15, 2008 In no event will the Agency be allowed to submit a reimbursement request past the time allowable under the DNC Grant. A-I D. REIMBURSEMENT FORM(S) ADEQUACY: The Agency must submit a complete form, including proper signatures verifying and certifying the accuracy of the request for reimbursement. If forms are incomplete, lack al'l"VI',;ate documentation, or if requests for reimbursement are submitted on an unauthorized form, the Deputy Manager of Safety, or designee, may reject the request. The Deputy Manager of Safety, or designee, will communicate the reason for the rejection in writing. The Agency will have twenty (20) days to correct the error and resubmit the claim for reimbursement. E. REIMBURSEMENT FORM PROCESS: The Deputy Manager of Safety, or designee, shall review and approve each reimbursement request for payment. Once the approval is obtained, the request for reimbursement will be forwarded to DPD Finance Bureau for processing, The Agency shall receive reimbursement for said request within thirty (30) days of receipt in DPD Finance Bureau. F. SUPPORTING DOCUMENTATION RECORD RETENTION REQUIREMENTS: All supporting records, including time sheets, activity logs, equipment invoices, must be retained by the Agency for seven years after the end of the Grant period, III. ADDITIONAL FINANCIAL INFORMATION A. The City, subject to the terms of this Agreement, will reimburse Agency for personnel costs at the applicable hourly rate(s) stated in Exhibit B, for. hours worked in planning for, training and during the DNC on security for the DNC. Training must be pre-approved by the Denver Commanding Officer. Time will be rounded to the nearest y" hour (rounding up to the next 15 minutes increment for seven (7) minutes of work or more and down for anything less than seven minutes). B. Administrative personnel hours will be reimbursed at the rate provided in Exhibit B. Backflll will not be reimbursed for administrative personnel. C. In addition to any requirements contained in this Agreement, all records must be maintained for future DNC Grant audits, and the Agency will be fiscaliy responsible for the result of any Agency error in connection with such audit. A-2 EXHIBIT B Exhibit B contains specialized details of security arrangements and is on file with the City and County of Denver Police Department. B.1 ONC AGENCY REIMBURSEMENT - ATTACHMENT 1 Law Enforcement Agency/Jurisdiction Course Title or Event Assignment Location Instuctor of Record or Commanding Officer (Name and Agency) Date Start Time End Time ~ ~ ~ I Agency Authorization by: Operations Planning Unit Processed by: 6/3i2008 List of Ranks Clerical Administration Pay Schedule Clerical Administration $ 29.97