HomeMy WebLinkAboutResolution 2009-0017
CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 17 Series of 2009 TITLE: A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH THE CITY OF EDGEWATER CONCERNING MUNICIPAL COURT VIDEO
EQUIPMENT WHEREAS, the City of Wheat Ridge ("City") is a home rule city organized under the laws of the state of Colorado; and WHEREAS, the City of Edgewater ("Edgewater") is a home
rule city organized under the laws of the state of Colorado; and WHEREAS, currently, Edgewater police officers transport prisoners being held at the Jefferson County Detention Center
who are required to appear in the Edgewater Municipal Court; and WHEREAS, Edgewater desires to conduct video court sessions for prisoners in the interests of mitigating the safety risks
associated with transporting prisoners and of reducing the amount of time on-duty police officers are dedicated to a purpose other than patrol; and WHEREAS, Edgewater does not currently
have the appropriate equipment, support staff or space to conduct video court sessions for prisoners; prisoners; and WHEREAS, the City has the equipment, support staff, expertise and
space available to conduct video court sessions for prisoners; and WHEREAS, the City is willing to allow Edgewater the use of the equipment, support staff, expertise and space under
the terms and conditions set forth in the Intergoverrnnental Agreement for Municipal Court Video Equipment Usage, attached hereto as Exhibit A; and WHEREAS, the City and Edgewater have
the authority to enter into such intergoverrnnental agreements pursuant to Article XIV, Section 18 of the Colorado Constitution and Section 29-1-201, et seq., C.R.S .. NOW, THEREFORE,
BE IT RESOLVED by the Wheat Ridge City Council, that: Section 1. The Intergoverrnnental Agreement for Municipal Court Video Equipment Usage attached hereto as Exhibit A, is hereby approved,
and the Mayor and City Clerk are authorized and directed to execute the same.
Section 2. This Resolution shall become effective upon adoption. DONE AND RESOLVED thise2j day of JoFJ_---.==-::' _ -', 2009. Je~ITY~JiO,J Ma:yor \~ ATTEST: Michael Snow, City Clerk
INTERGOVERNMENTAL AGREEMENT FOR MUNICIPAL COURT VIDEO EQUIPMENT USAGE This Intergovernmental Agreement for Mun~ipal Court. Video Court Session Equipment Usage ("Agreement"), is entered
into as of the zb day of 'fW(1AC.(~ , 2009, by and between the City of Wheat Ridge, Colorado ("Wheat Ridge"), and the City of Edgewater, Colorado ("Edgewater"), together referred to
herein as the Parties. RECITALS A. Edgewater operates a municipal court, sessions for which are typically held on the first four Tuesdays of every month. B. Edgewater does not currently
have the appropriate equipment, staff or space to conduct video court sessions for prisoners who are held at the Jefferson County Detention Center and required to appear in the Edgewater
Municipal Court. C. As such, Edgewater police officers physically transport such prisoners to and from the Jefferson County Detention Center each court date for purposes of dealing with
the prisoners' cases in the Edgewater Municipal Court. D. Edgewater desires to conduct video court sessions for prisoners in the interests of mitigating the safety risks associated with
transporting prisoners and of reducing the amount of time on-duty police officers are dedicated to a purpose other than patrol. E. Wheat Ridge also operates a municipal court. Wheat
Ridge has the equipment, support staff, expertise and space available to conduct video court sessions for prisoners who are held at the Jefferson County Detention Center. F. Edgewater
desires to use Wheat Ridge's equipment, support staff, expertise and space to conduct video court sessions of Edgewater's prisoners for approximately thirty minutes on Tuesdays, under
the terms and conditions set forth in this Agreement. G. Wheat Ridge is willing to permit Edgewater such use, under the terms and conditions set forth in this Agreement. H. The Parties
have the authority to enter into this intergovernmental agreement pursuant to Article XIV Section 18 of the Colorado Constitution and Section 29-1-201, et seq., C.R.S. NOW THEREFORE
in consideration consideration of the mutual promises, covenants and considerations contained herein, the sufficiency of which are acknowledged and confessed, the Parties agree as follows:
1. Municipal Court Video Arraignment Equipment Usage a. Video Equipment and Courtroom: Wheat Ridge shall permit Edgewater access to and use of Wheat Ridge's Municipal Court room and
all video, audio and other equipment necessary to conduct video court sessions ("Equipment") for prisoners held by the Jefferson County Detention Center
and required to appear before the Edgewater Municipal Court for appro)(imately thirty minutes on Tuesdays ("Edgewater Video Court Sessions"). The exact time of the Sessions shall be
as agreed upon from time to time by the Parties' staff. The Edgewater Municipal Court Judge and staff shall, to the extent practical, complete all files and paperwork associated with
the Edgewater Video Court Sessions after the sessions have been concluded and after the Edgewater staff has returned to the Edgewater Municipal Court facilities. b. Support Staff: Wheat
Ridge shall provide Information Technology staff support on an "on call" basis during the Edgewater Video Court Sessions. Such support staff will respond to the Wheat Ridge Municipal
Courtroom and assist the Edgewater court staff in resolving any technical issues with the Equipment. Wheat Ridge shall also provide municipal court staff, as needed, before and after
the Edgewater Video Court Sessions to provide access to the Wheat Ridge Municipal Courtroom, to assist Edgewater court staff in preparing the courtroom and associated equipment, and
to shut down or otherwise close the Equipment and courtroom after the Edgewater Video Court Sessions are concluded. Edgewater is responsible for providing any security support staff
that it deems necessary during the Edgewater Video Court Sessions. Wheat Ridge shall have no obligation to provide security personnel pursuant to this Agreement. c. Record and Storage
of Proceedings: Edgewater shall provide all storage devices (CDs, USB drives, etc.) necessary to record and store the Edgewater Video Court Sessions. Edgewater understands and agrees
that such recordings shall be audio only. Wheat Ridge shall have no responsibility to store the Edgewater Video Court Sessions or to provide video recording capability. d. Cancellation
of Arraignments: In the event Edgewater does not have a need to conduct a regularly scheduled Edgewater Video Court Session, it shall notify Wheat Ridge as provided by this Agreement
to cancel the session no later than 4:00 p.m. the immediately preceding Monday. If the immediately preceding Monday is a holiday, Edgewater must contact Wheat Ridge prior to 4:00 p.m.
the immediately preceding Friday. If Edgewater cancels any Edgewater Video Court Session pursuant to this provision, Edgewater shall not compensate Wheat Ridge for such session as provided
by Section 4 below. 2. Insurance: Edgewater shall provide insurance coverage for all Equipment used for the Edgewater Video Court Sessions during such use. Edgewater shall provide Wheat
Ridge with a certificate of insurance as evidence of compliance with this provision. Each Party shall be responsible for insuring its own employees and/or contractors associated with
the Edgewater Video Court Sessions. The judge conducting the Edgewater Video Court Sessions will be considered an employee or contractor of the City of Edgewater. -2-
3. Damage to Equipment: Edgewater agrees that it shall be responsible to repair any damage Edgewater may cause to the Equipment. Notwithstanding Section 6 of this Agreement, in the event
Edgewater causes verifiable damage to the Equipment, Wheat Ridge may elect to terminate this Agreement upon fourteen (14) days' written notice of its intent to terminate pursuant to
this Section 3. 4. Compensation: Edgewater shall pay Wheat Ridge the sum of One Hundred and Sixteen Dollars ($116.00) per Edgewater Video Court Session actually conducted. Such sum shall
be due monthly for all sessions conducted during one calendar month within thirty (30) days of the last day of such calendar month. 5. Term: This Agreement shall take effect on the date
first noted above and shall remain in effect for one year. This Agreement shall automatically renew for additional one-year periods, without limitation, unless: (1) either party notifies
the other, in writing, of its decision not to renew the Agreement for the ensuing year, by written notification at least sixty (60) days prior to the annual expiration date, or (2) upon
termination by either party as permitted in Section 6. 6. Termination: This Agreement may be terminated by either Party, with or without cause upon sixty (60) day's prior written notice
to the other. 7. Notices: Except as otherwise provided herein, all notices permitted or required under this Agreement shall be in writing, signed by the Party giving the same, and shall
be deemed properly given when actually placed in the United States mail first class postage prepaid, or personally delivered to the other Party, addressed to them at the addresses appearing
on the signature page hereof. Each Party, by written notice to the other, may specify any other address for the receipt of such notices. Solely for the purpose of notice of cancellation
of Edgewater Video Court Sessions, pursuant to Section 1.d. above, Edgewater may notify Wheat Ridge by calling the telephone number (303) 235-2835. Notice shall be deemed validly given
if Edgewater staff advises a person who answers this phone number or if Edgewater staff leaves a voice mail at this number prior to the deadline set forth in Section 1.d. above. 8. Applicable
Law and Venue: This Agreement shall be interpreted in all respects in accordance with the laws of the state of Colorado. Venue for any court proceeding related to this agreement shall
be proper and exclusive in the District Court for Jefferson County, Colorado. 9. Entire Agreement: This Agreement constitutes the entire agreement and understanding between the Parties
on the subjects contained herein. This Agreement may be modified or amended only by a duly authorized written instrument executed by both Parties hereto. 10. Approval: Binding Effect:
In accordance with C.R.S. § 29-1-203(1), this Agreement shall not become effective unless and until it has been approved by the governing bodies of both Edgewater and Wheat Ridge. Upon
such approval, this Agreement shall be binding upon and shall inure to the benefit of the Parties and their successor governing bodies. 11. No Joint Venture; No Agency: This is an Agreement
for the provision of services. This agreement does not create a joint venture between the Parties, nor does it constitute either Party as an agent of the other. -3-
12. Indemnification: To the extent permitted by the Colorado constitution and statutes, each Party indemnifies the other from and against all claims, cases of action, damages, awards
and attorney fees arising out of each Party's performance of its duties pursuant to this Agreement. Neither Party waives any of the protections afforded it by the Colorado Governmental
Immunity Act, § 24-10-101, et seq. C.R.S., or any other statutory or Common Law immunity. 13. ARTICLE X. SECTION 20ITABOR: The Parties understand and acknowledge that Edgewater is subject
to Article X, § 20 of the Colorado Constitution ("TABOR"). The Parties do not intend to violate the terms and requirements of TABOR by the execution of this Agreement. It is understood
and agreed that this Agreement does not create a multi-fiscal year direct or indirect debt or obligation within the meaning of TABOR and, therefore, notwithstanding anything in this
Agreement to the contrary, all payment obligations of Edgewater are expressly dependent and conditioned upon the continuing availability of funds beyond the term of Edgewater's current
fiscal period ending upon the next succeeding December 31. Financial obligations of Edgewater payable after the cucrent fiscal year are contingent upon funds for that purpose being appropriated,
budgeted, and otherwise made available in accordance with the rules, regulations, and resolutions of the City of Edgewater and other applicable law. Notwithstanding any other provision
of this Agreement concerning termination, upon Edgewater's failure to appropriate such funds, this Agreement shall automatically terminate. Edgewater shall promptly notify Wheat Ridge
of termination pursuant to this section due to failure to appropriate funds. WHEREFORE, the Parties have executed this agreement as of the date here first set forth above. By: ~~~~~~~"±-:-=---Elizabe
th A. Hedbe MC City Clerk ATTEST: BY~ Michael Snow, City Clerk CITY OF EDGEWATER By: &;rM7;~/lf}7tAi Bonnie McNulty, May6r I '-f!:!.!.J 2401 Sheridan Blvd. Edgewater, CO 80214 By: --~~~~~~~---I
ullio, Mayor 7 00 . 29th Avenue Wheat Ridge, CO 80033 -4-