HomeMy WebLinkAbout2008 Ordinance No. 031•
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ORDINANCE NO. j I
SERIES OF 2008 --
BY AUTHORITY
CONTRACT NO, U -,:2,oo!s
COUNCIL BILL NO . 34
INTRODUC EDBYCOUNC~
MEMBER WILSON
AN EMERGENCY ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL
AGREEMENT ENTITLED ''INTERGOVERNMENTAL AGREEMENT FOR THE
PROVISION OF SERVICES AND AID IN PREPARATION FOR AND DURIN G THE
DEMOCRATIC NATIONAL CONVENTION ", BETWEEN THE CITY OF
ENGLEWOOD, COLORADO AND THE CITY AND COUNTY OF DENVER.
COLORADO .
WHEREAS , this Intergovernmental Agreement outlines the responsibilities of the
City of Englewood and the City and County of Denver in preparation for nnd during the
2008 Democrat ic National Convention ("DNC") relating 10 personnel deployment and
rights and obligations for reimbursem ent under authority of C.R.S . Section 29-1-203 and
C.R.S. Section 29-5-104; and
WHEREAS , The Denver Police Dep artment ("DPD") is responsi ble for the overall
sec urity planning and operations for th e "DNC"; and
WHEREAS, under this !GA the City of Englewood agrees to supply personnei , and to
perform functions and services in preparation for and during the 2008 DNC in the City
and County of Denver ; and
WHEREAS, the Englewood personnel so assigned and perfonning duties as provided
in thi s !GA shall have the sa me power wititin the City of Denver as do regular lnw
enforcement officers of Denver ; and
WHEREAS , this !GA sets forth the hourl y overtime rate s nt which Denver wi II
reimbu 1 ~ ... Englewood for all personnel hours provided; and
WHEREA S, the City of Englewood perso nnel functions and duties to be performed
by Englewood perso nnel and reimbursed by Denver will confonn to Denver's 2008 DNC
Operational Plan (the "Plan"), with specific assigrunents to be co mmuni ca ted to
Englewood by the Commanding Officer or his designee ; and
WHEREAS. except as othe rwise provided by thi s !GA, nothi ng in this !GA shall
affect the statutory or common law authority of Eng lewood or its perso nnel , nor shall
thi s !GA limit or enhance th e respective li abi lities and hmunities of the panic s: and
WHEREAS, thi s Emergency Ordinan ce wi ll aut horize the lntergovcmmen1 al
Agreement between the Cit y and County of Denver and the Ci ty of Englewood o utlining
the responsibilities of the parties in prepnration for and during th e 2008 Democratic
National Convention ("DNC ");
NOW. THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOO D. COLORADO. AS FOLLOWS :
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Sec tion I . \~he l111 ergove mm en ta\ Agree ment between th e Ci ty of Englewood,
Co lorado and tlh' Cit y and Coun ty of Denver entit led "lntergovemmcnial Agreement For
The Provision Ot Services And Ai d In prepa ra ti on For And During The Democra ti c
Nationa l Co nvention'. attached as "Ex hibit I", is hereby acc epted and approved by the
Eng lewood Cit y Council.
Section 2. An emerge nc y is hereb y decl ared requiring immed iate passage of thi s
Ord inance for the immedi ate preservation of the publi c propen y, hea lth , pea ce and
safet y; and thi s Ordinance sha ll take effect upon its fina l passage .
Sectio n J. The Chief of Police is authorized to execute and the City Clerk to attest
and seal the Intergovernmental Agreement for and on behalf of the City of Englewood,
Co lorado .
Introd uced, rea d in full , and pas sed on first reading as an emergenc y Ordinance on the
16• day of Jun e, 2008.
Publi shed as an Eme rgency Bill for an Ordinance on the 20"' da y of June , 200 8.
Read by title and passer! nn final readi ng on the 7th day of Jul y, 2008.
Published by titl e as Ordinance No.~, Serie s of 2008, on the 11th day of July ,
2008 .
I, Loucrishia A. Ellis, Ci ty Clerk of the City of Englewood, Co lorado, hereby cenify
that the above and foregoing is a true copy of the Ordinance passed on final readi ng and
••"""" "'""' • <><;o,ee No.,L, so;o oC~k
Loucrishia A. Ellis
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I NTERGOVERNM EN TAL AGREEMENT FOR THE PRO VISIO N OF
SERVICES AND AID IN PREP ARATIO N FOR AND DUPJNG T HE
DEMOCRATIC NAT IO NAL CON VEN TIO N
THIS INTE RGOVERl'IME NTAL AGREEMEN T (th e Agree ment") is made and
entered int o this ___ day of _______ , 2008, by and betwe en the CITY AND
COUNTY OF DENVE R ("C rTY"), a muni cipal corporation of the State of Co lorado and the
CITY OF ENGLEWOUD ("AGE NC Y"), a Co lorad o home rul e munici pal corporati on of th e
Stat e of Colorad o (each a "pa11y" and co ll ectiv ely the "parties").
~URPOSE
This Agreement shal l outline Ute responsibilities of the parties in preparation for and
durin g the 2008 Democ ratic Nation al Co nvention ("DNC"), relating to personne l deployment
and righ ts and obligat ions for reimbursem ent. Th e parties fonn this Agreement under autho ri ty
of C.R.S. § 29-1-203 and C.R.S. § 29-5 -1 04 . The Denver Poli ce Department ("DPD") is
responsible for the ov eral l security planning and operation s for this event.
I. SE RVICES AND TERMS AND CONDITIONS OF OPERATIONS
A. AGENCY COMMITMENT OF PERSON NEL
The Agency agre es to supply personnel , and to perfonn functi ons an d orv ices in
preparation for and durin g the 20 08 DNC in th e City and Cou nty of Denver. Such personn el so
assi gned and perfonn ing duti es as provided here in shall have th e same pow er within the City as
do regular law enforcement officers of the City. Th e pers onnel to be provided by the Agenc y are
set forth in Exhi bit B attached to thi s Agreement and incorporated herein. Ex hibi t B also sets
fo 11h th e hourly ove11im e rates at which th e City will reimburse the Agen cy for all personnel
hours provid ed pursuant hc,eto . The fu ncti ons and du ties to be performed by th e Agency 's
perso nn el and reimbursed by City will conform to th e City 's 200 8 DN C Operational Plan (the
"Plan"), with specific assignments to be communi cated to the Agen cy by the Co mm anding
Officer (as defined below) or his des ign ee. Except as otherwise provided herei n, noth in g in thi s
Agreement sh all affect the stat uto ry or co mmon law auth o,ity of an Agency or its personn el, nor
sha ll this Agreement limit or enhan ce the respecti ve li abil iti es and imm unities of th e parties.
B. FISCAL ADMI NISTRA TJON
Costs in curred shall be reimbursed by the City in acco rd ance with th e fi sca l
admini strati on requirem ents set fo rth in Exhibit A att ached heret o an d incorporated herein , to Ute
exten t suc h cos ts are allowable and rei mbursabl e pursuant to the fe dera l gra nt to the Cit y for th e
200 8 DNC (the "DN C Grant "). The Cit y will provide Age ncy suffi cient infmnat ion to all ow th e
Age ncy to seek reimburse ment within suffi cient tim e to all ow the Agen cy to apply for and
receive s uch reimburs ement withi n th e requirem ents of the grant.
2 . COORDINATIO N AND LI AISON : Th e Agency agrnes that durin g th e le1111 of thi s
Agreement it shall full y coordinate all services hereunder with the City through the following :
A Fo r fiscal issues , including rei:nbu rsement, the Deputy Mana ger of Safety or hi s
des ignee.
B. Fo r operational servi ce issues, the Deputy Chief of Operations or th e co mmandin g
officer of the Operations Planning Uni t ("Co mm andin g Officer").
The City agrees that during the term of thi s Agree men t it 1hall fully coordinate al l servi ces
hereunder with the Agency through the individu als id entified in 1'xhibit B.
The City and the Agency may in writing desi gnate alternate personnel fo r coordination and liaison.
3. NOTICES : Notices concernin g the termin ation of this Agreement, alleged or actual
vio lations of the terms or e-0nditions of this Agre ement, and other no tices that may or should be
gi ven to either party under this Agreement will be made to each part y as follows :
For Notice to the City:
Mayor John Hickenlooper
1437 Bannock Street, Room 350
Denver, Colorado 80202
With co pies to:
City Attorney
1437 Bannock Street, Room 35 3
Denver, Co lorad o 80202
Deputy Manager of Safe ty
P.O. Box 40098
Denver, CO 80204
For Notice to th e Agency :
City Manager Gary Sears
1000 Englewood Parkway
Engl ewood, CO 80 I I 0
With a copy to :
City Attorney Daniel Bro tzman
I 000 Eng lew ood Parkway
Englewood, CO 80 110
4. TERM OF AGREEMENT : The term of th e Agreement shall commence as of January I,
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2008 and tenninate on December 31, 200 8, or th e last date by which fund s pu rsuant to th e DNC
Gran t must be reques ted, whichever is later. Th e Agency shall pro vide personn el du ri ng niutuall y
agreed up on tim es duri ng the tenn of the agreement and will provide core serv ices and reso urces
for operat ion s in preparation for and during the DNC, as desc ri bed in Ex hi bit B. The period
from Augus t 23, 2008 through August 29 , 2008 is referred to in the exhibits to this Agreemen t as
th e "Co nvention C0re Period.,,
5. MUTUAL BENEFITS TO PARTIES: CONSIDERATION : Other than th ose payments
mad e from appropriations by the Federal governm ent pursuan t to the DNC Gran, co nsidera tion fo r
thi s Agreem ent shall be non-monetary and shall consist of erthw,ced publi c safety and im prov ed law
enforcem ent activity in th e Denver metropolitan area in preparation for and during th e DNC, and
other mutual benefi b; through th e coo perative efforts of the parties under thi s Agreement .
The maximum amount reimbursabl e to th e Agency pursu ant to this Agreement , based upon
the parti es' esti ma,.e of Agency pe rsonnel required for th e DNC is Fifty-Doe Thousand Three
Hundred Seventy-Five and 12/100 U.S . Dollars ($51,375.12), inclusive of all approved costs and
maxi mum contract reimbun;emen, as set forth in Exhibit B. It is understood and agreed th at an y
payment obligation of any of the parties here under, wheth er direct or contingent, and for any
claimed purpos e whatsoever, shall extend onl y to funds appropriated by th e governing body of such
party, encumbered for the purpose of th e Agreement and paid into the treasury of the party ,
6. STATUS OF AGENCIES : It is understoo d and agreed by and between the parties that th e
status of the Agency shall be that of an independent political subdivision and it is not intended, nor
shall it be construed, that an y party or any officer, emp!J yee, or agent of the Agency is an officer,
employee, loan ed employe e, or agent of the City fo r purposes of unem ployment compensation ,
workers' compertSation, governm ental immunity or fo r any purpose whatsoever unless otherwise
provided herein. Except to the extent covered by the insurance µo li cy ac quired by th e City as
re ferenced in Section 12 herein , each party acknowledges that it remain s full y re sponsible fo r
any and all obligations as the empl oyer of its officers. or other pe rso nnel ass igned to the DNC,
including, among o her things , res ponsibilit y fo r the payment of the earnings , overtim e
earni ngs, withholdings, insurance coverage, workers compensation , medical and leg al
indemnit y where appropriate , and all other requirements by law , regulations , ordinance, or
contract. For purp os es of workers ' co mpe nsation, the Agency 's employees will rem ain
emp loyees of the Agenc y and that, in the ev ent the Cit y is deem ed a "statutory emp loye r" of
the Agency 's em pl oyees under C.R .S '§ 8-41 -40 1(1), th e Cit y wi ll maint ain immunity from tort
lawsuits pursuant to th e exclusiv e remedy provisions of the Worker 's Compensation Act of
Co lorado . Notwithstanding the above, Age ncy offi cers perfonning services pursuan: :o thi s
Ag reemen t (i) will abide by th e DPD 's use of force and crowd man age ment polici es , a (.Opy of
whi ch has been pro vid ed to Agency if pe rfonni ng crowd management functi ons, and (ii) ma y
be removed fro m duty at th e DNC by ord er of the Comman ding Offic er.
7. TERMI NATION OF AGREEMENT: Either part y may withdraw and tennin ate th eir
in vo lv ement in thi s Agree ment with cause , upon sixty (60) days ' pri or wri tten notice to th e other
party, pro vid ed that Agency shall be ab le to terminate tlii s Agreement in th e case of a catas trophi c
even · or unforesee n emcr~ency whi ch requires such a commitment of Age ncy's re so urces that
wou i '.i recl ude it from perfo1;111 1g its ob li gat ion s wid er the Agreement.
8. WHEN RIGHTS AND REMEDIES NOT WAJVED: Accepta nce of panial perfonnance
or continued perfonnancc ~r breach shall not be construed to be a waiver of any such breach.
9. EXAMINATI ON OF RECO RD S: The Agency agrees that any duly authorized
representativ e of th e City, in cluding tl1e City 's auditor or other financial representative, or a federal
gran t audi tor, "~II have access to, and the ri ght to, exami ne any directly pertin ent books, document s,
papers, records and data of the Agency, involving financial matters related to thi s Agreeme nt WHi l
the expiration of seven (7) years after the fin al tenninati on of th is Agreement.
I 0. GOVERNING LAW: Each and every tenn , condition, or covenant herein is subject to and
shall be construed in accordance with the provisions of Co lorado law and any appli cab le federal
Ian. Any action arising fro m thi s Agree ment shall be brought and maintained in a ~,~,e or
fe d.ta! court in Colorado which shall have exclusive jurisdiction of such action . No legal or
equitable rights of th e panics shall be limited by this Secti on.
11. ASS IGNMENT AND SUBCONTRACTING : Neither party is ob li gated or liab le und er
this Agreement to an y party other than the other pany to the Agreement Each party understands
and agrees that it shall not assign or subcontract with respect to any of its rights, ben efits ,
obligations or duties under tltis Agreement exc ept upon prior written consent and approval of the
otl1 er party, and in th e event any such assignment or subcontrac ting shall occur, su ch action shall not
be co n,,:, ·ed to create any contractual relationship between the parti es and su ch assignee or
subcontractor, and each party herein named shall remain fully responsible to the other party
according to the temis of this Agreement
12. INSURANCE : The City agrees to procure law enforcement liability and wo rkers
compensation insurance (DNC Security Polic y) to cov er the acts of each party during the provision
of DNC security services, subject to any poli cy limi ts and deductibl es applicable. Th e parti es hereto
agree th at the City's li ability under this Agreement is limited by the cove rage provided by and the
limits of the DNC Security Poli cy. The parties hereto understand and agree that each party is
relying upon, and has not waived, the monetary limitations (presently $150,000 per person,
$600,000 per occurrence) and aU other rights, immuniti es and protection provided by the Colorado
Governmental Immunity Act, C.R.S. § 24-10-1 01, et seq. The City shaU give the Agency a
credit of $10 ,000.00 for use in those sit uati ons where the Agen cy would otherwis e be respo nsib le
for any deductible und er the DNC Security Poli cy. Once such credit is expended, the Agency
shall be respons ible for an y deductibl e payment s attributable to it . City shall pro vi de Agency
with notice whenever th e credi t is applied to the deductible. The deductible cred it is an obligation
of the City and is not dependent upon th e DNC Grant. For any and all acts and omissions which
may fa ll outside th e scope of the DNC Sec urity Poli cy, or any liabi lity which may exceed th e polic y
limits of the DN C Security Policy, the parti es will be self-insured as required by Co lorado law, ~,
will maintain adequate insurance to insure th e types of activities wtdertaken in tltis Agreement.
Further, each party will, at all times , m·;ntain auto in surance, eq uipm ent and/or eq uipment
insurance fo r its own automob il es, equipment and oth er property, and in th e event that dan1age to
suc h automobi les and/or eq uipm ent is not covered by th e DNC Securi ty Policy, neither part y wi ll be
respo nsible for damage to the other party 's automobiles, equipment or other property.
Reimbursemen t rates fo r the use of equiµm ent and vehicl es are spec ified in Ex hi bit B.
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13 . NO THIRD PARTY BENEFICIARY : It is t'"f)ressly understoo d and agree · 1:1at
enforcement of the tenns and co nditi ons of this Agreement, ~~d all right s of action relaung 10 such
enfo rcement, shall be strict ly, ,setved to ~\e pruties to th e Agreemen t, and nothin g contained · n t'.li ,
Agreement shall give or all ow an y sue!, claim or nght of action by any other or third pcr s0u or
entit y .,1 such Agreement, inclu ding t ut not limited to members of the ge nera l public . It is the
exp ress intent ion of th e parties that any person or entity, oth er than th e parties to thi s Agreement,
receiving serv ices or benefits und er thi s Agreement shall be deemed to be an in cidental benefici ary
onl y.
14 . CONFID EN TIAL INFORMATION: OPEN RECORDS : The parties shall not a any
tim e or in any manner, either direc tl y or indirectl y, divul ge, di sclose or communicate to any persun,
firm or corporati on in any manner whatsoever any inform ation concerning any matters which are
not subject to public disclosure, including without limitation police records or medical records of or
pertainin g to persons dealt with under this Agreement ru1d other privileged or confitle ~ri al
informati on. The parties shall comply with all appli cable local, state or federal laws s.1d
requirements pertaining lo maintenance and disclosure of personal , criminal justice, medical or
health records or data, including but not limited to the Colorado Open Records Act, the Colorado
Criminal Justice Record:; Act, the federal Freedom of Information Act (FOIA.), the Health Insurance
Portability and Accountability Act of 1996 (HIPAA), and those methcds, procedures and otherwi se
set forth as privileged by the Secret Service or other governmental entity. Such records or ~•ta
may be in hardco py, priinted, digital or electronic format. If either party has custody of a record
pro vi ded by the other party, that contains speciali zed details of sec uri ty arrangements or
inv es tigations , the party shall refer any request to insp ect that record to the other party, as
prov ided at section 24-72 -204(2 )(a)(Vlll)(C), CRS.
JS. PARAGRAPH HEADINGS : The r.aptions and headings s:t forth in thi s Agreement arc
for convenienc e of reference only, and shall not be construed as defining or limiting the terms and
provisions in thi s Agreemen t.
16 . SEVERABILITY: If any part, term , or provision of this Agreement, except for the
provis ions of the 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 portions or
provisions shall not be affected, and the rights and obligations of the Agency shall be construed and
enforced as if th t Agreement did not contain the particular part, term , or provisio n held to be
invalid .
17. AGREEMENT AS COMPLETI. INTEGRATION -AMENDMENTS: This
Agreement is intended !IS th e co mplete integration of all und erstandings betw een the parties as lo
th e subject matter of this AgreemenL No prior or contemporaneous addi ti on , del etion, or other
amendment hereto sha ll have an y forc e or effect, unless embodied herein in wri tin g. No subsequent
no vation , renewal, addition , del etion , or oth er amendment hereto shall have any fJrce or effect
unl ess embodied in a written amendatory or other Agreement properl y executed by the parti es. No
oral representati on by any officer or emplo ye e of th e Agency at variance with th e terms and
co nditi ons of this Agreement, c. my written amendment to thi s Agreement , shnl: have any force
or effec t or bind the Agency. Amendments to thi s Agreement will become effectiv e when
approved by all part ies and executed in the same mann er as thi s Agreement. Thi s Agreem ent and •
any amendments will be bi nding upon the part ies, th eir successors and ass ign s.
I 8. SU RVJV AL OF CE RT AIN PROVISIONS: The tenns of the Agreement and an y
exhibits and atta chm ents that by reas onabl e implicati on contempl ate contin ued performan ce, ri ght s,
or co mplian ce beyond ex piration or termination of the Agreement survive the Agree ment and will
continu e 10 be enforceab le. Witltout limiti ng th e ge nerality of thi s provis ion, the City's obli gations
to provide in surance as set forth in Section 12 will survi ve for a peri od equal to an y and all rel evan t
statutes of limitation , plus th e time necessary to full y resolve an y claims. matters , or acti ons begun
withi n that period .
19 . LEGAL AUTHORITY :
A. Each party represents that it possesses the le gal auth orit y, pursuant to any proper,
appropriate and official motion , resolution or action passed or taken , to enter into tli:s Agreement
B. The person or persons signing and executiug this Agreement on behalf of each party
hereby represents and guarantees that he/she or they have been fully authorized by such party 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, al its option, to either temporarily suspend or
pem1anentl y terminate thi s Agreement, if there is a dispute as to th : legal authority of either the
Agency or the person signing the Agreement on behllf of such Agen cy to enter into this Agreement.
20. COUNTERPARTS OF THIS AGREEMT.NT: This Agreement will be executed in two
(2) counterparts , each of which shall be deemed to be an original of thi s Agreement.
BALANCE OF PAGE INTENTIONALLY BLANK
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• IN WITNESS WHEREOF , the parties hereto have executed thi s Ab,,-eeme nt as of th e day
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and year firs t above written .
ATTEST
STEPHAN IE Y. O'MALLEY ,
Clerk and Recorder, Ex -Officio Clerk of the
City and County of Denver
APPROVED AS TO FORM
DA YID R. FINE, Attorney
for the City and County of Denver
By.---------Ass istant City Attorney
ATTESf:
Cit y Clerk
APPROVED AS TO FORM :
City Attorn ey
CITY AND COUNTY OF DE;, ,ER
By:-----------
Mayor
RECOMMENDED AND APPROVED :
By: -----------Manager of Safety
By.------------Chief of Police
REGISTEREDANDCOUNTERSIGNED:
By.------------Manager of Finance
Contract Control No.
By:-----------
Auditor
"CITY"
CITY OF ENGLEWOOD
By:-----------
Mayor
"AGENCY"
EXHIBIT A
CITY & COUNTY OF DEN VE R
JNTER-GOVERMENTAL AGREEMENT
2008 DEMO CRATIC NATIONAL CONVENTION
FISCAL ADMINJSTRA TION REQUIREMENTS
I. BASIC REIMBURSEMENT REOUIRMENTS
II.
A. SECURITY WORK REQUIREMENT: Onl y activiti es and costs direct ly
in curred for approved security work, approved administrative support work or core
services as defined in Exhibit Bin preparation or training for or during the DNC , will
be reimbursed.
B. APPROVAL PROCESS: All requests for reimbursement shall be completed on
the required forms and co ntain written certification of the costs signed by th e Agency
Financial Officer noted in Exhibit B. Reimbursement requests shall be sent to the
Deputy Manager of Safety, or designee, of the City.
RECORDS AND REIMBURSEMEN'~ 70RM REQUIREMENTS
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A. REIMBURSEMENT FORM: Th ·. form for requesting reimbursement for
perso nn el co sts is attached hereto and incorporated hereto as Attachment I. Th e City
may mod ify and update these required forms as it reasonably determines necess ary , in •
order to meet its internal or external auditing need s or the requirements of the City ,
DPD, 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 ma y
be in hard copy or electronic time and effort systems and must back up any and all
payroll costs incurred and billed . Records must in clude staff name , date and time
worked in support of the Plan .
C. SUBMISSION OF REIMBURSEMENT REQUESTS : Th e Agen cy may
subm '· reimbursement requests on a monthl y basis or in accordance with the
following calendar:
Activity/Cost Time Period
Costs for th e period I 0/1107 -5/31/08
Costs for the period 611108 -7/3 1108
Costs for he period 811 /08 -9/30/08
Dea dline for submission
July I 5, 2008
August 31, 2008
October 15, 2008
In no event will the Agency be allowed to submit a rei mbursement reque st past the
time all o·Nabl e under the DNC Grant.
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D. REIMBURSEME 'f FORM(S) ADEQUACY: The Ag ency must submit a
com ple1 e fo nn , in cluding prope r signa1ures verifying and certifying lhe accuracy of
the requesl fo r reim bursem ent If fonns are inco mpl ete, lack approp1iate
documentati on, or if requests for reimbursemenl are submi11ed on an unaulh orized
form, th ~ Deputy Manager of Sa fe ty, or designec, may reject the request. The Depuly
Manager of Safety, or designee, will co mmunicale the reas~n for the rejeclio n in
writ ing, Th~ Agency wi ll have tw e111y (20) day s lo co rr ect the error and resubmit the
claim for reim burs ement.
E. RElMBURSEMENT FORM PROCESS: The Deputy Manager of Sru"ety, or
designee, shall review and appro ve each re imburse ment requ est for payment. Once
the approval is obtaine d, th e rcyues 1 fo r reimburs ement will be forwarded to DPD
Finance Bureau for pro cessin g. The Agency shall receive reimbursemen t for said
requ est within thirt y (30) days ofrecei pt in DPD Finan ce Bureau .
F. SUPPORTING DOCUMENTATION RECORD RETENTION
REQU[REMENTS: All supporting records, including time sheets , activity logs,
equipment invoices , mu st be retained by the Agency for seven years after th e end of
the Grant period .
ADDITIONAL FlNANCIAL INFORMATION
A. The City, subject to the terms of this Agreem ent, will reimburse Agency for
personn el costs at the applicable hourl y rate (s) stated in Exhibit B, for hours worked
in planning fo r, trainin g and during the DNC on security for the DNC . Trainin g mu st
be pre-approved by the Denver Cor,unanding Office r. Time wi ll be rounded to th e
nearest ¼ hour (roundin g up to the next I 5 minutes increment for seven (7) minutes
oi work or more and down for anythin g less than seve n minute s).
B. Administratiw personnel hours will be reimbursed at th e rate pro vided in Ex hibit
B. Backfill will not be reimbursed for administrative personnel.
C. In addition to any req uirem ent s contai ned in this Agreement, all record s mu st be
mainta ined for future DNC Grant audits , and th e Agency will be fiscally responsible
fo r th e result of any Apency error in connec tion with such audit.
A-2
EXHIBIT B
Exhib it B contains specialized details of security arrangement s and is on file with the City and County of Denver Police Department.
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DNC AGENCY REIMBURSEMENT· ATTACHMENT 1 Law Enforcement
•------------Agency/Jurisdiction
Course Title or Event Assignment
Location
lnstuctor of Reccrd or Commanding Otrfcer (Name end Agency)
Date Start Time End nme
Agency Authorization by:
• Operations Planning Unit Processed by:
613/2008
List of Ranks
Cle ric al Ad minis tr ati on
Pay Schedule
Clerical Adm in istration $ 29 .97 •
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CONFIDE . 'TIAL
EXJUBIT B
CITY & COUNTY OF DENVER
INTER-GOVERNMENTAL AGREEMENT
2008 DEMOCRAT IC NAT IONAL CONVENTION
AP PROV ED COSTS AND MAXIMUM CONTRACT RE IMBURSEMENT
Agency
Address
City,CO Zip
Na me
Positio n
Telc nhone #
Fax#
E ma il Address
Shma ture
City of Englewood
1000 Engl ewood Parkway
Englewood. CO 80 I I 0
Fi sca l Issues contact
tnd1v 1dua\ nuthonzed to cen1fy M:m burscme nts and pnmary contact fo r fi scal iss ues .
Oner atio n al Plan Contact
Name I ..
Positi o n I
Telenhon e# I ..
Fax# I
Email Address I
Slmaturc I ___J
Jnd1v 1dunl nuthonzed ns the pnmnry con Ulct for opera uonal service iss ues .
l CO RE SERVICES AND RK~OU RCES:
Public safety services to the DNC and rela1cd events and activiti es to include, but not limited to, crowd
manageme nt , sec urity in and around ve nu es and eve nts and rela ted law enforcement functions and
nctivi 1y that support the safet y and sec urity of the DNC, in cl udin g fi re servi ce sup port fun ctions and
publi c safety co mmunicar..i on si:;·pon.
!1 LABOR RATES: The maximum Jll owable re imbu rse ment will be calculated on th e foll owing
speci fied commitment as detailed by rank/positi on.
& Uniform rate-.: 1l1esc ra tes will be hourly and nil-in clusive of indirect cos 1s, such as
administrative cosu fo r suppo11 of such Officer, but not inclusi,1: of DNC Cl eri cnl
Admini strnr..ion .
i. For each full -tim e equivalent (FTE) un ifonn officer committed to thi s agreem ent for
th e durati on of the Conventio n Core Peri od each shall be prc.Cie nt al .he assigned duty
fully eq uip ped . Fully equipped is defi ned ;,s in full uni fo nn . foot wear, headgear,
duty bell and accessories, firennn . mngnzine (s). ammun ition, radio nnd
communi cati on acce.,sories, perso nnl O.C. spray, perr.o nal ri ot genr, pcri;o nul
protectiv e eq ui pment (PPE). and trnnsponnt ion.
!!:. DNC peri cn l Adm ini,;tration: These rates will be hourly and apply 10 clerical ndmi ni strutivc
staff necessary for provid ing so lely admi ni st ralivc Gra nt fun ctio ns, such as ti me re poning and
working with Dcs 1gnei! and/or DPD Fimmcc rep re !a nta ti vcs on Record and Sprcadi:hcet
repo rting . These nnes arc inclu sive of any and all ind irect costs .
!!1 VEHlCLE USAGE: 11'..c: A~:ncy will be compen sa ted ror vehi cle s used in direct suppon of th e DN C
Oprrnti ons Pinn . Thi s will not include tran sportati?n to an ass igned cherk •in locntion or du1 y
assig nment at th e beg innin g of a shift. TI1c vchi !es will be of 1wo types .
CONFIDENTIAL
!.Y.: Reimbu rse ment Tabl e
T yp<
Command Pm ui men! Van,,
~l luurance Dflluctlblc
Maximum Contract Amount
$ 51 ,375 .12
Hou rly Hourl y
11:.se OT
]2119 48 .74
35 .70 53.55
38 ,72 ~8.08
44 ,:lO 66 ,45
49.Rl 74 .ll
19.98 s 29 .97
Pcr10nnel Totals
Vehicle Costs
Hourly Number of
R■tt Vthlcle,;
$1 4.53
S42.00
VchkleTota b
uo .oool
1,E
Commitment
Numbtr
o(Hnun;
114
168
Total Cost
SO.DO
SO.DO
$0.00
• H011rly Bue is es11bli1hcd using the City &. Cot.nt y or Denver. Dept. of Safet) 2008 Unifonn r11cs.
as specified in the 2008-20 10 Collcctivt B1rpinln1 Agreement, 11 the 1e1\c of ■ IS-year member .
• Hourl y OT rate Is catabluhcd at I .5 • the hou rly hue.
• The "Labo r" col umn is calcu \111cd 111 the Hourly Of r111c 1 FrE Commitment :ii: 12 hour (s hlhl) x 7 d11y1 ,
• "Plan ning, Training and E1tn1 Hou rs" col umn 11 ca\c ul alcd at 80% of the "Lllbor" total. This funding wlll
co11c1 any combi n1tion ofhouta 1pc n1 In eithe r pl anning , tra ining (only pre -a pproved trainint; maybe billed),
11nd/or unron:seen, but 11uthoriu:d , extra ho ur1 during the convention period.
• "Muimum Con1ract Amou nt " i1 lhc sum of the. tot1l "La bor", plAnning, tm ini n;. c11ra hours and
ve hicle costs. With the acep1 ion of the Uability lnsurv1ce Dedu ctible, the panici may
offset an indi vid ui1l 1re1 cost overru n by the mulmum cost in 1notltcr cost ore1 ,
• I lours relm buncd will bc11i n 01 the beginning of check-In to an u1!1ncd loc1tion, if 1pplicablc.
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COUNCIL COMMUNICATION
Date: Agenda Item : Subject:
Jun e 16 , 2008 11 a i Ordinance approvin g an Intergovernmental
Agree m ent w ith D enver during the D em ocrati c
Nati onal Convention
Initiated By: I Staff Source :
Poli ce Department Chief Th omas E. Vandermee
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
No previous action has been taken on this matter.
RECOMMENDED ACTION
Th e Poli ce Department recomm ends that Coun ci l adopt an Emergency Bill for an Ordinance
authorizing an Intergove rnm ental Agreement entitled "Intergovernmental Agreement for the
Provision of Services and Aid in Prepa ration for and during the Democrati c National Conve ntion"
b etw ?e n the City and County of Denver an d th e City of Englewood . We are requ esting an
Em e,·gency Ordinance to ensure that th e agreement is in effect prior to th e D emoc ratic Natio nal
Convention.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
Th e Englewood Poli ce Department has agree d to provide ass istan ce to th e Denver Police
Departm ent by contributing p erso nnel to b e use d fo r patro l assignments w ithin establish ed police
districts in D enve r, thu s reli ev ing D enve r office rs to be used in sec urity ass ignm ents direc tl y related
to the D em ocrati c Na tional Convention w hi c h runs fr om Sat urday, August 23 , 2008 thro ugh Friday
August 29, 2008.
FINANCIAL IMPACT
Th e City of Englewo od w ill be reimburse d fo r th e sa lary costs fo r six poli ce officers on an overtim e
basis fo r eac h of th e twelve hour shi fts th at th e office rs work in Denver.
LIST OF ATTACHMENTS
Emergency Bill fo r an O rdin ance