Loading...
IGA; Boulder County Sherrif's Office, OSMP; law enforcement response; in perpetuity 6/20/2018 Contract Tracking>Thank You OFFICE OF THE CITY ATTORNEY JUN 11 1018 STANDARD TO:�_ Contract Routing Cover Sheet Please print and attach to your document You can view the status of your contract using the Contract Tracking Status Page. Routing Number 20180620-4360 Originating Dept Police Contact Person Laurie Ogden Phone Number 303-441-3310 Project Manager/ Contract Laurie Ogden E-mail ogdenl@bouldercolorado.gov Administrator Counter Parties Boulder County Sheriff's Office, OSMP Contract Title / Type IGA for Law Enforcement Response Number Description This is a reauthorization of a prior IGA that clarifies agency responses to the Boulder County Justice Center with additional language authorizing OSMP to write county parking tickets near trailheads, parking lots, etc. Council approved the city managers signature on the consent agenda June 19, 2018 Special Instructions Please send a signed PDF to Laurie Ogden when completed. Thanks! Amount I n/a lExpenseType OUTGOING • Dept, Head Signature NOTE; Originating Department: Identify with a check mark all areas document needs to be routed. • Purchasing • Budget • Sales Tax • CAO City Manager L✓/f• ,\Central Records �r C,am art I�.vr_a:u rr ii I ` r; I LI: 9 https;//work.bouldercolorado.gov/ContractTracking/seNletICantroller 1!1 INTERGOVERNMENTAL AGREEMENT FOR LAW ENFORCEMENT RESPONSE THIS INTERGOVERNMENTAL AGREEMENT FOR LAW ENFORCEMENT RESPONSE (the "Agreement") is made and entered into the 1st day of May 2018, by the City of Boulder, Colorado, a Colorado municipal corporation (the "City"), by and through its Police Department (the "Police Department") and/or it's Open Space and Mountain Parks Department (the "OSMP"); and the Boulder County Sheriff's Office "Sheriff' or "County"). (collectively, the "Parties") RECITALS A. Colorado Revised Statute § 29-1-203 permits governments to enter into cooperative agreements for the provision of services; and B. Islands of unincorporated property exist within the City limits of Boulder; and C. The City of Boulder owns and maintains Open Space and Mountain Parks (OSMP) properties in the unincorporated County; and D. The County of Boulder maintains properties within the City limits; and E. The intermixing of City and County jurisdictions creates potential confusion as to the actual jurisdiction of each entity's peace officers; and F. This intermixing of jurisdictions could create confusion as to initial response to public safety emergencies; and G. Pursuant to Title 8, Chapter 3, Section 12, of the Boulder Revised Code, the City has authorized "park patrol officers" to enforce all provisions of the code, other ordinances of the City, and rules issued thereunder regulating the conduct in any city park, parkway, recreation area or open space, and has adopted rules and regulations for the City's OSMP areas governing open space and mountain park areas as well as having hired OSMP rangers, otherwise designated as park patrol officers ("rangers") to enforce the City code and those ordinances and rules and regulations; and H. The County is authorized to issue parking violations along roads in the vicinity of the City's OSMP areas that are in the right-of-way for County roads and State highways, and are posted; and I. As a direct result of the City's creation of public amenities, such as trails, shelters, and parking lots, on the City's OSMP lands, the County and the City are experiencing difficulty with members of the public parking along County roads and State highway rights-of-way in the Page 1 vicinity of the City's OSMP areas and who are not complying with the posted "No Parking" signs; and J. Regulating illegal parking along County roads and State highway rights-of-way adjacent to the City's OSMP areas has become a matter of concern because illegal parking in these areas can create a dangerous condition for the public, and K. The County and the City desire to declare that these certain areas along county roads in the vicinity, but outside the boundaries, of specific OSMP areas as being within the jurisdiction of the City's OSMP rangers, so that rangers may enforce the Boulder County Model Traffic Code pertaining to parking in these areas; and L. The interests of the public are best served by the City and County entering into a cooperative agreement for public safety services in these areas. NOW, THEREFORE, in consideration of their mutual rights and obligations as set forth below, the Parties AGREE AS FOLLOWS: 1. Mutual Aid. Peace officers and employees of either law enforcement agency shall assist the other in the performance of their lawful duties upon the verbal request of a peace officer or employee from the other agency. a. Such a request may be transmitted in person, by phone, by radio, by electronic medium, or by a third-party. Any reasonable method of transmittal shall be sufficient to invoke this Agreement. b. Peace officers and employees of both agencies are authorized pursuant to this Agreement to exercise their respective law enforcement powers within the other agency's jurisdictional area. c. If an agency makes an initial response to an area that is not part of its usual jurisdiction, the agency will have the authority to exercise all of its law enforcement powers until such time as the jurisdictional agency arrives and assumes control of the situation. 2. City's Limited Authority to Enforce Boulder County Parking Violations. City OSMP rangers are authorized to enforce any County or State posted "No Parking" violations on lands in unincorporated Boulder County that are adjacent to City OSMP lands. a. The OSMP ranger's jurisdiction to enforce parking-related violations of the Boulder County Model Traffic Code shall be limited to both the City's and the County's Rules and Regulations relating to parking, and shall be limited to the County-owned portion of the road right-of-way, as well as any State-owned Page 2 rights-of-way in which Boulder County has authorization to enforce parking violations. 3. City Property in the Unincorporated County. The Sheriff will assume primary responsibility for the response to, and investigation of, crimes, and the management of public safety events (e.g, search and rescue operations, etc.) occurring within City OSMP property outside of the incorporated city limits. The City retains authority for the enforcement of municipal ordinances on city-owned properties in the unincorporated county, 4. County Property within the Incorporated City Limits. a. The Sheriff, by statute, is responsible for the security and safety of the County and District Courts. As such, the Sheriff will assume primary law enforcement jurisdiction for the Criminal Justice Center and all of its occupant departments and offices (e.g. the Juvenile Assessment Center, District Attorney's Office, Probation, etc.), including their exterior grounds, buildings, and related parking lots, with the exception of the City's Municipal Court. b. The Sheriff, by statute, is responsible for the operation, security, and safety of the County Jail. As such, the Sheriff will assume primary law enforcement jurisdiction for the County Jail, including its exterior grounds, buildings, and related parking lots. c. The Sheriff assumes primary law enforcement jurisdiction for all Sheriff's facilities within the city limits, including the Sheriff's Headquarters Building and the Sheriff's Communications Center, and their exterior buildings, grounds, and related parking lots. d. The Police Department is responsible for the primary law enforcement jurisdiction for all other County-owned facilities within the city limits not specified in this section. 5. Effective Date, Term, and Termination of Agreement. This Agreement shall be in effect as of the date first written above and supersedes all prior Agreements. This Agreement shall remain in effect unless it is superseded by a new written agreement, or until it is terminated. Any Party to this Agreement may terminate its involvement at any time by providing thirty (30) days written notice, Notices of termination shall be directed to the attention of the representative or representatives for the non-terminating Party in accordance with Paragraph 6. 6. Notice. For purposes of this Agreement, notice shall be considered sufficient and effective as of the date of the postmark, if the notice is placed in the U.S. Mail, first-class certified mail with return receipt requested, or on the date of delivery, if the notice is hand-delivered, to the following addresses: Page 3 For the Sheriff Boulder County Sheriff's Office Attn: Cmdr. Mike Wagner 5600 Flatiron Parkway Boulder, Colorado 80301 For the City of Boulder Police Department Boulder Police Department Attn: Greg Testa, Police Chief 1805 33rd Street Boulder, Colorado 80301 For the City Manager's Office City Manager's Office Attn: Jane S. Brautigam 1777 Broadway Boulder, Colorado 80302 7. Liability. Each Party agrees to be responsible for its own negligent actions or omissions, and those of its officers, agents and employees in the performance or failure to perform work under this Agreement. By agreeing to this provision neither the County nor the City waives or intends to waive, as to any person not a party to the Agreement, the limitations on liability which are provided to the County and the City under the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq., as amended. 8. Amendment. This Agreement may be amended by the Parties at any time during its term, provided that any such amendment is agreed to in writing and signed by the authorized representatives of the Parties. 9. Invalidity Provision. Should any of the provisions of this Agreement be held to be invalid or unenforceable, then the balance of this Agreement shall be held to be in full force and effect as though the invalid portion was not included; provided, however, that should the invalidity or unenforceability go to the essence of the Agreement or be of a substantial nature, then the Party or Parties who would receive the benefit of the provision, were it not invalid or unenforceable, shall have the option to terminate this Agreement forthwith. 10. Governing Law. This Agreement shall be governed by, and interpreted in accordance with, the laws of the State of Colorado. 11. No Third-Party Beneficiaries. The enforcement of the terms and conditions of this Agreement and all rights of action relation to such enforcement shall be strictly reserved to the County and the City, and nothing contained in this Agreement shall give or allow any claim or right of action whatsoever by any other or third person. It is the express intent of the parties to this contract that any person receiving services or benefits under this contract shall be deemed an incidental beneficiary only. 12. Entire Agreement. This Intergovernmental Agreement contains the entire agreement of the parties for law enforcement response. Page 4 [Signature Page to Follow] Page 5 IN WITNESS WHEREOF, the Parties have executed this Agreement on the date first written above. COUNTY OF BOULDER, STATE OF COLORADO APPROVED AS TO LEGAL FORM: — Nyv�—� -1 �—Iew Sheriff's egalAdvisor bs elle Assistant County Attorney riff Date: May 2, 2018 Date; May 2, 2018 CITY OF BOULDER, STATE OF COLORADO /f —7 Iti Greg Testa, Chief of Police Date. May 2, 2018 Jane S. Brautigam Attest: l k Approved Is to Form?�L By ���ti Office of the City Attorney Page 6