The Cheyenne City Council Public Services Committee on Tuesday endorsed a memorandum of understanding to provide police officers at Frontier Park for Cheyenne Frontier Days.
But Cheyenne Mayor Marian Orr says the city does not have the money needed to pay for police officers at Frontier Park this year, and that implementing the agreement might require laying off city employees, The draft memorandum, shown below, would have CFD pay for roughly half the cost of a police presence at the park. That would amount to $50,000 this year, $67,000 next year, and increasing amounts over the three following years of the agreement.
But City Attorney Micheal O’Donnell told the committee Tuesday that ”there is no money” available to the city to pay for the police officers, even if CFD ends up reimbursing the city for half of the cost.
Mayor Orr, in a phone conversation with Townsquare Media following the committee action, echoed the City Attorney’s sentiments. She said that if the city council wants to mandate a police presence at Frontier Days, they need to figure out how to pay for it. The mayor said that probably would mean deciding what city positions are going to be cut in order to pay for police at Frontier Park.
But Public Services Committee Chair Rocky Case told Townsquare Media that “Cheyenne Frontier Days needs clarity” now, and that the council will be looking in coming weeks at a number of funding cuts in order to balance the budget for the 2021 Fiscal Year.
The MOU will now move on to the full Cheyenne City Council for further consideration.
RESOLUTION NO. _________
A RESOLUTION PROVIDING FOR PUBLIC SAFETY SERVICES AT CHEYENNE FRONTIER DAYS AND COMPENSATION TO THE CITY
WHEREAS, the COVID-19 global pandemic has created an unprecedented situation changing our world as we know it; and
WHEREAS, the City and Cheyenne Frontier Days are facing enormous challenges as a result of the pandemic; and
WHEREAS, certainty in the provision of city security and costs associated therewith for this year and several years beyond is in the best interests of both the City and Cheyenne Frontier Days; and
WHEREAS, the safety of attendees at Cheyenne Frontier Days is of the utmost importance to both parties;
NOW THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF CHEYENNE, WYOMING AS FOLLOWS:
1. The attached, “Memorandum of Understanding between Cheyenne Frontier Days and the City of Cheyenne for Public Safety Services at Frontier Park” is incorporated by this reference.
2. The City and Cheyenne Frontier Days agree to the attached Memorandum of Understanding.
Adopted this ______ day of _________________, 2020.
CITY OF CHEYENNE, WYOMING
Marian J. Orr, Mayor
( S E A L )
Kris Jones, City Clerk
Memorandum of Understanding between Cheyenne Frontier Days and the City of Cheyenne for Public Safety Services at Frontier Park
Cheyenne Frontier Days (“CFD”) and the City of Cheyenne (“City”) hereby enter into this Memorandum of Understanding between Cheyenne Frontier Days and the City of Cheyenne for Public Safety Services at Frontier Park. (Agreement”) during the yearly Cheyenne Frontier Days Event held in Cheyenne, Wyoming. CFD and the City hereby agree as follows:
1. For purposes of this Agreement, the following definitions shall apply:
A. “Frontier Days” is a yearly event held in Cheyenne, Laramie County, Wyoming that starts approximately mid-July and runs for ten consecutive days.
B. “Frontier Park” is the location of Frontier Days events including rodeos, carnival, and night shows. Frontier Park is bounded on the east by Carey Avenue, on the North by Kennedy Road, on the west by Hynds Blvd., and on the South by 8th Ave. Frontier Park is located immediately adjacent to Lions Park operated by the City.
C. “Effective Date” shall be the date the last signature is affixed to this document.
2. This Agreement shall commence on the Effective Date and shall continue for five years from the Effective Date.
3. The City of Cheyenne shall supply uniformed Cheyenne Police Department officers during the term of this Agreement to provide public safety related activities at Frontier Park during the yearly Frontier Days event. The City hereby agrees to provide at least as many uniformed Officers for all rodeos (10:00 a.m. to 5:00 p.m.) held during the Frontier Days event and at least as many uniformed officers for all night shows (5:00 p.m. to 12:00 a.m.) held during the Frontier Days event as were provided during the 2019 Cheyenne Frontier Days. This Agreement in no way limits the discretion of the City supplying additional City police resources including specialized groups of Cheyenne Police Department Officers, including, but not limited to, bomb squads, S.W.A.T. Teams, or other law enforcement assets necessary to provide public safety at the Frontier Days event.
4. CFD will pay the City of Cheyenne $50,000 for 2020, $67,000 for 2021, $73,700 for 2022, $77,050 for 2023, and $80,400 for 2024 to help offset added law enforcement burdens caused by the Frontier Days event and for the added number of officers supplied to Frontier Park as provided by the agreement. Upon Completion of the Frontier Days event, the City shall submit an itemized bill documenting the uniformed officers supplied to Frontier Park. The yearly payment provided by this agreement shall be due and payable upon receipt of the itemized bill.
5. The City shall be solely responsible for security and public safety functions related to the Pancake Breakfasts and Parades that are held by the City of Cheyenne during the Frontier Days event.
6. The City and CFD shall confer no later than September 30 each year of this Agreement to assess necessary public safety measures.
7. The City hereby assumes sole and exclusive responsibility for any and all liability associated with the Cheyenne Police Departments’ involvement with the Frontier Days event pursuant to this agreement. This Agreement provides no indemnification to the City by CFD regarding the actions of the Cheyenne Police Department during the Frontier Days event.
8. CFD hereby assumes sole and exclusive responsibility for any and all liability associated with CFD volunteers, contractors, employees, or agents of CFD during the Frontier Days event. This Agreement provides no indemnification to CFD by the City regarding the actions of the CFD volunteers, employees, contractors, or agents during the Frontier Days event.
9. The City hereby agrees to defend, indemnify, and hold CFD, its officers, employees, contractors, attorneys, and agents, harmless for any and all claims, lawsuits, judgments, or demands, including reasonable attorney fees and costs, of any manner whatsoever including claims sounding in tort, contract, or equity, arising as a result of actions taken by the Cheyenne Police Department or any of its officers, agents, or personnel during the Frontier Days event.
10. CFD hereby agrees to defend, indemnify, and hold the City, its officers, employees, contractors, attorneys, and agents, harmless for any and all claims, lawsuits, judgments, or demands, including reasonable attorney fees and costs, of any manner whatsoever including claims sounding in tort, contract, or equity, arising as a result of actions taken by CFD or any of its officers, employees, contractors, agents, or personnel during the Frontier Days event.
11. This Agreement represents the entire Agreement between the City and the CFD with respect to the subject matter herein, and all prior agreements, written or oral, are nullified and superseded hereby and neither party shall have any further rights or obligations under such superseded agreements. Each party releases the other from claims of any kind or nature rising from such superseded agreements. No change or addition to, or declaration of, any portion of this Agreement shall be valid or binding upon the parties hereto unless the same is approved in writing by the parties.
12. The invalidity or unenforceability of any particular provision of this Agreement shall be construed in all respects as if such invalid or unenforceable provisions are omitted.
13. This Agreement shall be construed and enforced under and in accordance with the laws of the State of Wyoming. Venue for any lawsuit alleging any claims arising out of, or related to, this Agreement shall be the First Judicial District Court for Laramie County, Wyoming, located in Cheyenne, Wyoming.
14. Nothing in this Agreement shall be construed as creating or giving rise to any rights in any third parties or any persons other than the parties hereto.
15. Both parties have reviewed the terms of this Agreement, arising from negotiations and discussions between the parties, each of whom had the option of being represented by legal counsel. Accordingly, no claimed ambiguity in this Agreement shall be construed against any party claimed to have drafted or proposed the language in question.
16. Neither Party shall be liable pursuant to this Agreement if a Party is unable to perform pursuant to this Agreement from causes beyond the Party’s reasonable control, including, but not limited to: acts of God, strikes or other labor disturbances, equipment failure, delays in transportation, inability to obtain fuel, material, or parts, war, acts of terrorism, riots, epidemics, floods, fires, unusually severe weather conditions, accidents, or other contingencies, the non-occurrence of which was a basic assumption of which the Agreement was made.
17. This Agreement may be terminated by either party with or without cause between September 30 and October 31 on any year of the Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement to be effective on the date of the last signature affixed hereto.
CHEYENNE FRONTIER DAYS
CITY OF CHEYENNE