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Home My WebLink About2018 Ordinance No. 013ORDINANCE NO. 13 SERIES OF 2018 BY AUTHORITY COUNCIL BILL NO. 17 INTRODUCED BY COUNCIL MEMBER MARTINEZ AN ORDINANCE APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE TOWN OF MEAD, COLORADO AND THE CITY OF ENGLEWOOD, COLORADO, FOR POLICE SERVICES TEMPORARY ASSIGNMENT WHEREAS, this Memorandum of Understanding ("MOU") defines the framework for allowing an Englewood Police officer to serve as the Interim Police Chief for the Town of Mead; WHEREAS, the Town of Mead's position of Chief of Police is currently vacant, and the Town is currently conducting a search to fill the position; WHEREAS, the Parties desire to enter into this MOU for the purpose of allowing Sergeant Brian Cousineau to act as the Interim Police Chief; WHEREAS, the Town of Mead shall reimburse the City of Englewood for Sergeant Cousineau's services at the rate of Six Thousand Four Hundred Dollars and No Cents ($6,400.00) per month; and WHEREAS, the Parties are authorized to enter into this MOU pursuant to Article XIV, Section 18 of the Colorado Constitution and Section 29-1-201 et seq., C.R.S. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The City Council of the City of Englewood, Colorado hereby authorizes the "Memorandum of Understanding between the Town of Mead, Colorado, and the City of Englewood for Police Services Temporary Assignment" a copy of which is attached hereto as Exhibit A. Section 2. The Mayor is hereby authorized to sign said Memorandum of Understanding for and on behalf of the City of Englewood. Introduced, read in full, and passed on first reading on the 18th day of June, 2018 . Published by Title as a Bill for an Ordinance in the City's official newspaper on the 21 st day of June, 2018. Published as a Bill for an Ordinance on the City's official website beginning on the 20th day of June 2018. Read by Title and passed on final reading on the 16th day of July, 2018. Published by Title in the City's official newspaper as Ordinance No. 13, Series of 2017, on the 19th day of July, 2018. Published by title on the City's official website beginning on the 18th day of July, 2018 for thirty (30) days. This Ordinance shall take effect thirty (30) days after P.Ublication following final passage. &dtk! &/14/ Linda Olson, Mayor ATTEST: I, Stephanie Carlile, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by Title as Ordinance No. 13, Series of 2018. MEMORANDUM OF UNDERSTANDING POLICE SERVICES TEMPORARY ASSIGNMENT This Memorandum of Understanding for Police Services Temporary Assignment ("MOU"), is entered into on this _I Ith __ day of __ June __ , 2018 by and between the Town of Mead, a municipal corporation of the State of Colorado, with offices at 441 Third Street, Mead, Colorado 80542 (the "Town" or "Mead"), and the City of Englewood, Colorado ("Englewood"), together referred to herein as the Parties. RECITALS WHEREAS, Mead and Englewood each operate a police department, authorized as a part of their governmental functions. WHEREAS, the position of Chief of the Mead police department is presently vacant, and the Town is currently performing a search to fill the position. During this period, Mead is in need of a qualified law enforcement employee to serve as Interim Police Chief. WHEREAS, Mead and Englewood have identified an employee of the Englewood police department who is qualified to serve as Interim Police Chief in Mead, and who is willing to undertake this temporary assignment. WHEREAS, the Parties wish to enter into this MOU for the purpose of permitting the Englewood employee to serve as Mead Interim Police Chief, under the terms and conditions contained herein. WHEREAS, the Parties are authorized to enter into this MOU pursuant to Article XIV Section 18 of the Colorado Constitution and Section 29-1-201, et seq., C.R.S., as the power to provide police services is authorized to both. WHEREAS, the Charter of the City of Englewood, Section 79, requires that agreements with other governmental bodies be approved, on behalf of Englewood, by an ordinance approved by the governing body of the City of Englewood. NOW THEREFORE, in consideration of the premises and the mutual promises, covenants and considerations contained herein, the sufficiency of which are acknowledged and confessed, the Parties agree as follows: 1. Temporary Assignment Englewood hereby permits Sergeant Brian Cousineau ("Cousineau"), an employee of Englewood, to serve as Interim Police Chief for the Town of Mead, for a tenn commencing on June l, 2018 and concluding upon the hire and first day of employment by Mead of a permanent Police Chief, or until October 31, 2018, whichever first occurs ("Temporary Assignment"). This Temporary Assignment shall be subject to the following terms and conditions: 4. firm a. Employment: Cousineau will retain his position with the Englewood Po1ice Department, and wiU return to that ful1-time position at the conclusion of the Temporary Assignment as Mead Interim Po1ice Chief. b. Mead and Englewood shared duties: Cousineau wil1 be expected to work forty ( 40) hours per week for Mead. c. Compensation: Because Cousineau is to retain his position with Englewood, and because of the nature of the Interim Police Chief arrangement created hereby, the Parties agree that rather than Mead paying Cousineau directly, Englewood shal1 continue to pay Cousineau at his current hourly rate of pay, for his current 40-hour work week, including benefits. The Parties further agree that Mead shall reimburse Englewood for Cousineau's services at the rate of Six Thousand Four Hundred Dol1ars and No Cents ($6,400.00) per month (pro- rated for any partial month resulting from the termination of the Temporary Assignment pursuant to the terms of this MOU). Reimbursement payments shaH be made by Mead to Englewood on a monthly basis. d. Benefits: Because Cousineau will remain an employee of Englewood, Mead shal1 not be responsible for any benefits for Cousineau as a result of the Interim Police Chief position; such benefits to continue to be provided by Englewood under the terms and conditions presently applicable to Cousineau in Englewood. e. Liability and Insurance: Mead shall place Cousineau on its policy of insurance with the Colorado Intergovernmental Risk Sharing Agency (CIRSA), to be fuHy covered in the same manner as an other Mead police department employees. Mead agrees that aH actions or failures to act by Cousineau in his work as Mead Interim Police Chief shal1 be the sole and exclusive responsibility of Mead. Englewood agrees that all actions or failures to act by Cousineau during any time he works for Englewood during the Temporary Assignment shall be the sole and exclusive responsibility of Englewood. This MOU shall take effect on June 1, 2018, and shall remain in effect until the hire and first day of employment by Mead of a permanent Police Chief, or until October 31, 2018, or upon termination by either party as permitted by paragraph 5, whichever first occurs. 5. Termination This MOU may be terminated by either Party, with or without cause upon twenty (20) day's prior written notice to the other. In the event of termination, Mead shall pay to Englewood aH compensation required by Paragraph I.e. of this MOU. -2- 6. Notices Except as otherwise provided herein, all notices permitted or required under this MOU shall be in writing, signed by the Party giving the same, and shall be deemed properly given when actually placed in the United States mails 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. 7. Applicable Law and Venue This MOU shall be interpreted in all respects in accordance with the laws of the State of Colorado. Jurisdiction and venue for any court proceeding related to this MOU shall be proper and exclusive in the District Court for Arapahoe County, Colorado. 8. Entire Agreement This MOU constitutes the entire agreement and understanding between the Parties on the subjects contained herein. This MOU may be modified or amended only by a duly authorized written instrument executed by both Parties hereto. 9. Approval; Binding Effect In accordance with C.R.S. § 29-1-203(1), this MOU shall not become effective unless and until it has been approved by the governing bodies of both Englewood and Mead. 10. No Joint Venture; No Agency This MOU does not create a joint venture between the Parties, nor does it constitute either Party as an agent of the other. 11. Indemnification and Insurance Except as specifically provided by Paragraph l(e}, 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 Party1s performance of its duties pursuant to this MOU. 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. Remainder of page left blank i11te11tio11ally -Signature page follows. -3- HEREFORE, the Parties have executed this MOU as of the date first set forth above. TOWN OF MEAD, COLORADO By: ' ce E. Palaszewski, ayor Pro Tern Address: P.O. Box 626, Mead, CO 80542 da ]son, ayor Address: 1000 Englewood Parkway Englewood, CO 80110