IGA; University of Colorado; Police response and equipment; in perpetuity 7/19/2017 Contract Tracking>Thank You
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Contract Routing Cover Sheet
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Routing Number 20170719-3201
Originating Dept Police
Contact Person Laurie Ogden Phone Number 303-441-3310
Project Manager / Contract Curtis Johnson E-mail Johnsonc@bouldercolorado.gov
Administrator
Counter Parties University of Colorado
Contract Title / Type Intergovernmental Agreement Concerning Police Response and Equipment
Number
Description Agreement designed to establish the working relationship between BPD and CUPD. Council
approved City Manager, Jane Brautigam to sign on July 18, 2017.
Special Instructions
Amount n/a �J Expense/Type OUTGOING
Dept. Head Signature �, (
NOTE; Originating Department: Identify with a check mark all areas document needs to be routed.
• Purchasing
• Budget
• Sales Tax / n '
• CAO 'fir
• City Manager
• Central Records ✓�
https://work.bouldercolorado.gov/ContraotTracking/serviet/Controllor 1!1
INTERGOVERNMENTAL AGREEMENT
CONCERNING POLICE RESPONSE AND EQUIPMENT
BETWEEN THE CITY OF BOULDER AND THE UNIVERSITY OF COLORADO
This Intergovernmental Agreement ("Agreement') is entered and effective this 26th day of
_June 2017, by and between the City of Boulder (the "City"), a Colorado home rule
municipality, and the University of Colorado ("University") collectively referred to as the
"Parties."
RECITALS
A. The University and the City are separate entities, yet a close working relationship
underlies these two organizations;
B. The University and the City both desire to provide the best possible atmosphere of
public safety on and around the University Campus.
C. The City has granted, and hereby reaffirms, "police officer" status to peace
officers of the University police department.
D. This Agreement is designed to establish the working relationship between the
City and the University police departments;
E. The University and the City have found, and do hereby find, that entry into and
performance of this Agreement is in their respective best interests, serves a public purpose,and
is of benefit to their residents and taxpayers.
NOW, THEREFORE, in consideration of the mutual covenants below, and other good
and valuable consideration, the receipt of which is acknowledged, the Parties agree to the
following terms:
COVENANTS
1. Calls for Police Service.
a. All calls for police service received by the University Police Department concerning
incidents that have occurred on university property will be investigated by the
University Police Department.
b. All calls for police service received by the University Police Department concerning
incidents that have occurred off university property will be referred to the Boulder
Police Department without unnecessary delay.
c. All calls for police service received by the Boulder Police Department concerning
incidents that have occurred on university property will be referred to the University
Police Department without unnecessary delay.
d. Calls of an emergency or life threatening nature may be responded to by the agency
that initially receives the call, concurrent with referral to the agency having actual
jurisdiction; the urgency of the police mission supersedes temporary jurisdictional
determination. When officers from both agencies are at the scene of an emergency,
the agency with primary jurisdiction will have full authority and responsibility for
the police operations at the scene. The senior officer from the agency with such
jurisdiction will be in command of all the police officers from both jurisdictions.
e. Since University police officers travel city streets around property owned and leased
by the University during the course of their duties and render back-up assistance to
Boulder Police officers on calls, the extension of the City of Boulder police authority
to the University Police would benefit public safety to the community as a whole.
2. Calls for Assistance.
a. In cases where emergency assistance is required by either agency, the requested
agency shall provide such assistance.
b. Requests for assistance will normally be made through the communications center
of either agency, although other arrangements may be made as appropriate to the
incident.
C. The authority to request emergency assistance from the other agency and the
authority to grant such requests is delegated by the Boulder Chief of Police and by
the University Chief of Police to their on-duty watch commanders or supervisors.
d. In extremely urgent and/or life-threatening situations when there is not sufficient
time to contact the watch commanders, officers from either agency may respond
immediately to urgent calls for assistance from officers of the other agency.
e. Personnel responding to a call for assistance will report to the highest-ranking
officer from the requesting agency at the scene of the incident. In all emergency
situations, officers from the responding agency will assist as directed by the
ranking officer on-scene from the requesting agency. Officers from the
responding agency will be under the immediate command of their own
supervisors on-scene but such supervisors will be under the direct supervision and
command of the ranking officer on-scene from the requesting agency.
f. Press releases and media management will be the responsibility of the requesting
agency in whose jurisdiction and emergency the incident has occurred.
3. Traffic Accidents.
a. Traffic accidents that occur on the property of the University shall be investigated
by the University Police Department. Assistance may be requested from the
Boulder Police Department in cases where the accident is serious and no
University officer is available or when additional help is needed for investigative
assistance or for traffic control duty.
b. Traffic accidents that occur off the property of the university and in the City of
Boulder, including those accidents that occur in city street s running through the
University campus shall be investigated by the Boulder Police Department.
Assistance may be requested from the University Police Department in cases
where the accident is serious and no Boulder officer is available, or when
additional help is needed for investigative assistance or for traffic control duty.
C. In cases of officer-involved accidents, the agency having actual jurisdiction will
conduct the initial investigation. Follow-up investigation may be performed by
either or both departments.
4. Follow-up investigations.
a. Cases initiated by either agency which require subsequent investigation within the
jurisdiction of the agency will be retained by the initial agency.
b. It will be the policy of the University Police Department to notify the Boulder
Police Department when officers are conducting an investigation within their
jurisdiction and to request that a Boulder Police officer assist the investigating
officer if such assistance is appropriate.
C. It will be the policy of the Boulder Police Department to notify the University
Police Department when officers are conducting an investigation within their
jurisdiction and to request that a University Police officer assist the investigating
officer if such assistance is appropriate,
5. Information Exchange.
a. Contemporary law enforcement relies heavily on information. Both agencies
benefit from the exchange of such information.
b. The University Police Department will provide the Boulder Police Department
with information that may reasonably be expected to impact the city.
C. The Boulder Police Department will provide the University Police Department
with information that may reasonably be expected to impact the university.
d. The criteria to be used to determine information exchange is: whether any
reasonable indication exists that the persons involved or implicated in an incident
may reside in, traverse through, or commit further criminal acts in the jurisdiction
of the other.
e. Uniform Crime and/or NIBRS Reporting to the Federal Bureau of Investigation
and the Colorado Bureau of Investigation of offenses occurring on university
property will be the responsibility of the University Police Department.
6. Vehicle Transfer and Use.
a. The University agrees to transfer ownership of a 1991 GMC T-6500 vehicle, VIN
1 GDJ7C I C9XJ510910 to the City.
b. In return, the City agrees that the University may borrow, without cost, the city's
back-up Incident Command Vehicle ("ICV"), as long as the ICV is available for
use or other SWAT support vehicle as deemed appropriate.
C. Requesting the City's ICV:
1. The University shift supervisor will contact the City shift supervisor and
request the City's ICV.
2. Once requested, the University shift supervisor will notify the University
Command Duty Officer(CDO).
4. If the ICV is needed for a planned special event of the University of
Colorado at Boulder, the University will make every attempt to schedule
the ICV at least seven business days out from the event.
d. Upon request for use of the IVC, the City will deliver the ICV to the requested
location. Delivery will likely be by a City fire department employee. Once it is
delivered to the requested location, the University will notify The City when it is
ready to be picked up. The University will train two persons to drive the ICV in
order to facilitate this process within 1 year of this agreement. At that time, the
University will handle pick-up and drop off of the ICV unless drivers are
unavailable from the University or the situation is urgent. The City intends to park
the ICV at Boulder Fire Station 7.
e. Overtime of a City operator/driver will be covered by the University, if requested
by the City.
f. Equipment provided in the City's ICV that the University has access to:
1. Two fully functioning dispatch systems with Computer Aiding Dispatching
2. Five radios
3. Small conference room
g. The University will train the University personnel/dispatchers for the actual
operation of the systems listed above.
7. Liability. The Parties agree that each party will be responsible for its own acts and
omissions and those of its agents. Notwithstanding the foregoing, the University agrees to repair,
replace, or pay the fair value of repair or replacement for any damage sustained to the ICV while
it is under the care or control of the University.
8. Applicability of Agency Rules. Regulations, and Policies Nothing in this Agreement is
intended to negate or supersede existing rules, regulations, or policies of either agency.
9. Term and Termination. This Agreement shall be in effect of the date written above and
shall continue in effect indefinitely. Any party to this Agreement may terminate its involvement
at any time after serving thirty (30) days advance written notice.
10. Third Party Beneficiaries. 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 and nothing contained in this Agreement shall give or
allow any such claim or right of action by any other third party on such Agreement. It is the
express intention of the Parties that any person other than Parties receiving services or benefits
under this Agreement shall be deemed to be an incidental beneficiary only.
11. No Assignment. Neither the City nor the University may assign this Agreement or parts
hereof or its duties hereunder without the express written consent of the other Party.
12. Amendment. This Agreement may be amended or modified only in writing signed by
both Parties.
13. Entire Agreement. This Agreement constitutes the entire agreement between the Parties
relating to the subject matter. Any prior agreements, promises, negotiations or representations
between the parties not expressly set forth in this Agreement are of no force and effect.
14. Governing Law. This Agreement shall be governed by and construed in accordance with
the laws of the State of Colorado, with venue in Boulder County for any litigation related to this
Agreement.
15. No Waiver. No waiver of any of the provisions of this Agreement shall be deemed to
constitute a waiver of any other provisions of this Agreement, nor shall such waiver constitute a
continuing waiver unless otherwise expressly provided herein, nor shall the waiver of any default
hereunder be deemed a waiver of any subsequent default hereunder.
16. Colorado Governmental Immunity Act. No Party shall be liable under this Agreement for
the actions of the other's employees and agents. By agreeing to this provision, the Parties do not
waive or intend to waive, the limitations on liability which are provided to Parties under the
Colorado Governmental Immunity Act, C.R.S §§24-10-101, et seq.
17. Relationship of Parties. The Parties enter into this Agreement as separate, independent
governmental entities and shall maintain such status throughout.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be duly executed
and delivered by their respective officers thereunto duly authorized as of the date first above
written.
REGENTS OF THE UNIVERSITY OF
COLORADO, A Body Corporate
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By. FBE9BP�9EB9B99B,.
AVC for Safety
Boulder Campus
Date: 5/26/2017
a cu SIgn.d by,
Approved by: a(Z;
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CITY OF BOULDER
By: c--Lv� S ��. w✓
Jane S. Brautigam, Cit anager
ATTEST:
City lerk
APPROVED AS TO FORM:
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City Attorney