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IGA; City and County of Denver; Democratic National Convention; Exp 12/31/2008 F v tv 4 n w INTERGOVERNMENTAL AGREEMENT FOR THE PROVISION OF Cj~}1 SERVICES AND AID IN PREPARATION FOR AND DURING THE DEMOCRATIC NATIONAL. CONVENTION THIS INTERGOVERN ~TAL~AGRE-EMENT (the Agreement') is made and entered into this ay of n~~~l 2008, by and between the CITY AND COUNTY OF DEN ER ("CITY"), mumctpal corporation of the State of Colorado and the CITY OF BOULDER ('`AGENCY"), a home-rule municipal corporation and political subdivision of the State of Colorado (each a "pasty" and collectively the "parties"). PURPOSE This Agreement shalt outline the respaisihilities of the parties in preparation for and during the 2008 Democratic National Convention ("DNC"), relating to personnel deployment and rights and obligations for reimbursement. "Che parties form this Agreement under authority of C.R.S. § 29-1-203 and C.R.S. § 29-5-104. The Denver Pplice Department ("DPD") is responsible for the overall secw~ity planning and operations for this event. 1. SERVICES AND TERMS AND CONDITIONS OF OPERATIONS A. AGENCY COMMITMF,NT 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 secs forth the hourly overtime rates at which the City will reimburse the Agency for ali 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 he communicated to the Agency by the Commanding Officer (as defined 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 personnel, nor shall this Agreement limit or enhance the respective liabilities and immunities of the parties. B. FISCAL ADMINISTRATION Costs incurred shall be reimbused by the City in accordance with the fiscal administration requirements set forth in Exhibit A attached hereto and incorporated herein, to Che extent such costs are allowable and reimbursable pursuant to the federal grant to the City for the 2(x38 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 ro apply for and receive such reimbursement within the requirements of the grant. 2. COORDINATION AND LIAISON: The Agency agrees that during the term of this OFFICIAL CENTRAL RECORDS COPY 20080604-3965 Agreement it shall fully coordinate ail services hereunder with the City through the following: A For fiscal issues, including reimbursement. the Deputy Manager of Safety or his designee. B. For operational service issues, the Deputy Chief of Operations or the commanding otficer of the Operations Planning Utrit ("Commanding Officer"). The City agrees that during the tent of this Agreement it shall fully coordinate all services hereunder with the Agency through the individuals identitied in Exhibit R. 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 may or should be given to either parry under this Agreement will be made to each party as follows: For Notice to the City: Mayor John Hickenlooper ] 437 Bannock Street, Room 350 Denver, Colorado 80202 With copies tA: City Attomcy 1437 Bannock Street, Room 353 Denver, Colorado 80202 Deputy Manager of Safety P.O. Box 40098 Denver, CO 80204 For Notice to the Agency: Frank Bruno, City Manager City of Boulder 1777 Broadway Box 791 Boulder, CO 80306 With a copy to: Jerry Gordon, City Attorney City of Boulder' ]777 Broadway 2 e Box 79l I3oulder. CO 80306 4. TERM OF AGREEMENT: The term of the Agreement shall conunence as of January J , 2(X)8 and terminate on December 3l, 2008, or the last date by which funds pursuant to the DNC Grunt must be requested, whichever is later. The Agcncy 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 13. The period from August 23, 2(H)8 through August 24, 2008 is referred to in the exhibits to this Agreement as Che "Convention Core Period." 5. MUTLiAL BENEFTTS TO PARTIES• CONSIDERATION: Other than those payments made from appropriations by the Federal government pursuant to the llNC 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 [he parties' estimate of Agency personnel requited for the DNC is Two Hundred Forty-Two Thousand One Hundred F,lghty-two and 251100 Doitars ($242,182.25), inclusive of all approved costs and maximum contract reimbursement, as set forth in Exhibit 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 bcxiy of such party, encumbered for the putpose of the Agreement and paid into the ueasuty of the party. 6. STATUS OF AGENCIES: 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 unenrployment compensation, workers compensation, governmental utununity or for any propose whatsoever unless otherwise provided herein. Except to the extent covered by the insurance policy acquired by the City as referenced in Section L2 herein, each party acknowledges that it remains hilly 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 § 8-41-401{I), the City will maintain immunity from tort lawsui[s 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 he removed from duty ar the DNC by order of the Commanding Officer. 7. TERMINATION OF AGREEMENT; Either party may withdraw and terminate their 3 involvement in this Agreement with cause, upon sixty (6O) days' prior written notice to thz other party, provided that Agency shall be able to terminate this Agreement in the case of a catastrophic 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 R[GHTS AND REMF,DIES NOT WAIVED: Acceptance of partial performance or continued performance after breach shall not be consuued 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 petvnent books, documents. papers, records and data of the Agency, involving financial. 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 of the 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 cxcur, such action shall not be construed to create any contractual relationship between the parties and sttch assignee or subcontractor, and each party herein named shall remain fully responsible to the other party according to the teens of this Agreement. 12. INSURANCE: The City agrees ro procure law enforcement liability and workers compensation insurance (DNC Security Policy) to cover the acts of each party during the prmision of DNC security services. subject to any policy limits a[ed deductibles applicable. The parties hereto agree that the City's liability under this Agreement. is I'nnited by the coverage provided by and the limits of [he DNC Security Policy. The parties hereto understated and agree that each party is relying upon, and has not waived, the monetary limitations (presently $150,000 per person, $600,0(x1 per occunrnce) and all other rights, immunities and protection provided by the Colorado Governmental immunity Act, C.R.S. § 24-10-101, et sey. The City shall give the Agency a credit of $17,577 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 liereits of the DNC Security Policy, the parties will be self-insured as required by Colorado law, or will taintain 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 4 r insw~ance for its own automobiles, equipment and other property, and in the event that damage to such automobiles andlor equipment is not covered by the DNC Security Policy. neither party will lx: responsible for damage to the other party's automobiles. equipment or other property. Reimbwsement 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 patties 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 [hat any person or entity, other than the parties to this Agreement, receiving services or benefits under this Agreement shall be deemed to be au incidental beneficiary only. 14. CONF1DENTIAL 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 under 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 Limi[ed to the Colorado Open Records Act, the Colorado Criminal Justice Records Act, the federal Freedom of Information Act (FOIA), the Flealth Insurance Portability and Accountability Act of 199( (HIPAA), and those methods. procedures and otherwise set forth as privileged by the Secret Service or other govemtnenta] entity. Such records or data may be in hardcopy, printed, digital. or electronic format. If either patty has custody of a record provided by the other party, that contains specialized details of security arrangements or investigations, the party shall refer any reyuest to inspect that record to the other party, as provided at section 24-72 ?04(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 defiling or limiting the terms and provisions in this Agreement. 16. SEVERABILITY; If any p<'u't, term, or provision of this Agreement. except for the provisions of rite Agreement requiring prior appropriation 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 ponions 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 ro be invalid. 17. AGREEMENT AS COMPLETE INTEGRATION - AMENDMENTS: 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 5 f unless embodied in a written amendatory or other Agreenten[ properly executed by the parries. No oral representation by any officer or employee of the Agency at variance with the terms and conditions of this Agreement. or any written amendment to this Agreement. shall have any force or effect or hind the Agency. Amendments fi this Agreement will become effective when approved by all parties and executed in the same manner as this Agreement. 'T'his Agreement and any amendments will be binding upon the panics. their successors and assigns. 18. SURVIVAL OF CERTAIN PROVISIONS: The teens of the Agreemeut and any exhibits and attachments that by reasonable implication contemplate continued petfonnance, fights, 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 parry hereby represents and guarantees that he/she or they have been fully authorized by such patty to execute this 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 Agreemeut. 20. COUNTERPARTS OF THIS AGREEMENT: This Agreement will be executed in two (2) counterparts, each of which shall he 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. 1C~~ ATTEST ' Y AND O NTY O D ,NV l^/ 14,i~i STEP NIE Y. O' ALLEY, ~k'' 3~p'~~~ May r Clerk and Recorder, Ex-Ofticio Clerk of the City and County of Denver RECOMMENDE AN PPROVEll: By: ` APPROVED AS TO FORM Manager of ' fety DAVID R. F[NE, Attorney ~/J for the City and County of Denver By: ~X! L-. Chief of Police By: Z REGISTEREDANDCOUNTERSIGNED: Assistant City Atto ey C~~..dD By: ' Manager of Fi ance Contract Control No. C, ~ 3 $y: Audit "CITY" CITY OF BOULDER A EST: By. , i'ij` ~~~r,,,City Manager City Clerk on behalf of th Director of Finance and Record APPROVED A, FORM: Ci Attom f6ce "AGENCY" 7 EYHIBIT A ('ITY & COUNTY OF DENVER INTER•GOVERMENTAL A<:REEMENT 2008 DEMOCRATIC NATIONAL CONVENTION FISCAL ADMINISTRATION REQUIREMENTS I. BASIC REIMBURSEMENT REOUIRMF,NTS A. SECURITY WORK REQUIREMEN'P: Only activities and cost's directly incurred for approved security work, approved administrative support work or core services as defined in Exhibit B in preparation or traiuing for or during the DNC, will be reimbursed. B. APPROVAL PROCESS: All requests for reimbursement shall he completed o0 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 REOUIREMENTS A. REIMBURSEMENT FORM: The form far requesting reimbursement for personnel costs is attached hereto and incorporated hereto as Attachment 1. The City may modify and update these reyuired forms as it reasonably determines necessary, in order to meet its internal or external auditing needs or the requirements of the City. PPD, 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: Activit~lC.ost Time Period Deadltrte for submission Costs for the period 10/1/07 - 5/3 U08 July 15, ?008 Costs for the period 6/1/08 - 7/31/08 August 31.2008 Costs for the period 8/1/08 - 9/30/08 October I5, 2008 In no event will the Agency be allowed to submit a reimbursement request past the time allowable under the DNC Grant. A-I T;XHIBIT B Exhibit B contains specialized details of security an~an~ements and is on file with the City and County of Denver Police pepartment. B-I D, REIMBURSEMENT' FORM(S) ADF,QUAC`Y: The Agency must submit a complete form, including proper signatures verifying and certifying the accuracy of the request far reimbursement. If forms are incomplete, lack appropriate 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 cotnmunicatc the mason for the rejection in writing. The Agency wi(I 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 reyuast 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 RF,TEN'PION 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 attd during the DNC on security fur the DNC. Training must he pre-approved by the Denver Commanding Officer. Time will he rounded to the nearest t/a 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. Backfill 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 fiscally responsible for the result of any Agency error in connection with such audit. A-? DNC 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 Agency Authorization by: Operations Planning Unit Processed by: 6/12/2008 ' DNC AGENCY REIMBURSEMENT -ATTACHMENT 1 Fire Service Agency/Jurisdiction Course Title or Event Assignment Location Instuctor of Record or Commanding Officer (Name and Agency) Date Start Time End Time Agency Authorization by: Operations Planning Unit Processed by: 6/12/2008 List of Ranks Pay Schedule Clerical Administration Clerical Administration $ 29.97 CONFIDENTIAL EXHIBIT B CITY & COUNTY OF DENVER INTER-GOVERNMENTAL AGREEMENT 2008 DEMOCRATIC NATIONAL CONVENTION. APPROVED COSTS AND MAXIMUM CONTRACT REIMBURSEMENT Agency City of Boulder Police Department Address 1805 33nd Street City, CO Zip Boulder, CO 80302 Fiscal issues contact Name Joe Pura Position Dvector of Financial Services, Boulder Police D artment Tele hone # 303-441-3310 Faz # Email Address ura' boulderco. ov Si store Individual authorized to certify reimbursements and primary contact for fiscal issues. O erational Plan Contact Name Mazk Beckner Position Chief of Police Tele hone # 303-441-3310 Faz # Email Address beckne boulderco. ov Si store Individual authorized as the primary contact for operational service issues. L CORE SERVICES AND RESOURCES: Public safety services to the DNC and related events and activities to include, but not limited to, crowd management, security in and around venues and events and related law enforcement functions and activity that support the safety and security of the DNC, including fire service support functions and public safety communication support. II. LABOR RATES: The maximum allowable reimbursement will be calculated on the following specified commitment as detailed by rank/position A. Uniform rates: These rates will be hourly and all-inclusive of indirect costs, such as administrative costs for support of such Officer, but not inclusive of DNC Clerical Administration. i. For each full-time equivalent (FTE) uniform officer committed to this agreement for the duration of the Convention Core Period each shall be present at the assigned duty fnlly equipped. Fully equipped is defined as in full uniform, foot weaz, headgeaz, duty belt and accessories, firearm, magazine(s), ammunition, radio and communication accessories, personal O.C. spray, personal riot geaz, personal protective equipment (PPE), and transportation. B. DNC Clerical Administration: These rates will be hourly and apply to clerical administrative staff necessary for providing solely administrative Grant functions, such as time reporting and working with Designee and/or DPD Finance representatives on Record and Spreadsheet reporting. These rates are inclusive of any and all induect cosu. III. VEHICLE USAGE: The Agency will be compensated for vehicles used in duect support of the DNC Operations Plan. This will not include transportation to an assigned check-in location or duty assignment at the beginning of a shift. The vehicles will be of two types. CONFIDENTIAL IV. Reimbursement Table-Boulder Personnel Costs Hourly Hourly FTE Labor Planning, Training. Extra H, Rank Base OT Commitment 80% Law Enforcement Officer/ u $ 32.49 $ 48.74 l7 $ 69593.58 C 1/Detective $ 35.70 $ 53.55 5 $ 22,491.00 S cant $ 38.72 $ 58.08 5 $ 2493.60 Lieutenant $ 44.30 $ 66.45 0 $ Ca fain & Above $ 49.63 $ 74.75 0 $ Fire Service Fire Fi h[er $ 26.15 $ 39.23 $ En ' ear $ 26.97 $ 43.46 S Technician $ 26.07 $ 39.11 $ Lieutenant $ 30.76 $ 46.14 $ C rain HMCC S 35.15 $ 52.73 1 S 4,428.90 Assistant Chief & Above $ 4035 $ 60.53 $ Clerical Administration $ 19.98 $ 29.97 1 $ 2,517.48 Personnel Totals 29 $ 123,42456 $ 98,739.65 Vehicle Costs Type HRatey Number of Vehicles of Hours Toul Cost Police Vehicles $14.53 2 84 $2,441.04 Command PastsrEquipmrnt Vans $42.00 84 $0.00 Vehicle Totals 2 168 $2,441.04 Liability Insurence Deductible $17,577 Mazimum Contract Amount S 242,182.25 • Hourly Base is established using the City & County of Drnver, Dept. of Safety 2008 Uniform rates, as specified in the 20(18-2010 Collective Bargaining Agreement, at the scale o(a I S-year member. • Hourly OT rate is established at 1.5 x the hourly base. • The "Labor" column is calculated at the Hourly OT rate x FTE Commitment x 12 hour (shills) x 7 days. • "Planning, Training and Extra Hours" eolurrm is calculated at 80% of the "Labor" total. This funding will cover any combination of hours spent in eithw planning, training (only preapproved training may be billed), and/or unforesern, but authorized, extra hours during the convrntion period. • "Maximum Contract Amount" is the sum of the total "Labor", planning, training, extra hours and vehicle costs. With the exception of the Liability Insurance Deductible, the parties may offset an individual area cost ovcnun by the maximum cost in another cost area. • Hours reimbursed will begin at the beginning of check-in to an assigned location, if applicable.