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HomeMy WebLinkAboutC80-019 Beaver Creek Metro and Sheriff Department for ServiceM . t AGREEMENT BETtd N THE COUNTY OF EAGLE, STATE OF COLORADO AND BEAVER CREEK METROPOLITAN DISTRICT LAW ENFORCEMENT SERVICES THIS AGREEMENT, made and entered into this day of0.,2 1980, by and between the County of Eagle, State of Colorado, a body corporate and politic, by and through it's Board of County Commissioners, hereinafter referred to as the "County" and the Beaver Creek Metropolitan District, WITNESSETH: WHEREAS, the County by and through it's Sheriff's Department has the statutory duty to provide within the unincorp- orated territory of the District the same basic level of law enforcement services customarily rendered by the Sheriff else- where within the unincorporated territory of the County; and WHEREAS, the District's boundaries encompass an extensive area of land of which the primary use and purpose will be for ski resort facilities and related activities; and WHEREAS, by reason of the nature and extent of law enforcement problems generally associated with resort type activities, the District desires to contract with the County for the performance of the hereinafter described law enforcement services within it's boundaries by the County through the Sheriff thereof; and a special district duly organized pursuant to §32-3-101 et seq., C.R.S. 1973, as amended, hereinafter referred to as the "District" WITNESSETH: WHEREAS, the County by and through it's Sheriff's Department has the statutory duty to provide within the unincorp- orated territory of the District the same basic level of law enforcement services customarily rendered by the Sheriff else- where within the unincorporated territory of the County; and WHEREAS, the District's boundaries encompass an extensive area of land of which the primary use and purpose will be for ski resort facilities and related activities; and WHEREAS, by reason of the nature and extent of law enforcement problems generally associated with resort type activities, the District desires to contract with the County for the performance of the hereinafter described law enforcement services within it's boundaries by the County through the Sheriff thereof; and g 4# WHEREAS, the nature, extent and performance of the hereinafter described law enforcement services within the District's boundaries are over and above those law enforcement services customarily rendered by the Sheriff elsewhere within the unincorp- orated territory of the County; and WHFREAS, the County is agreeable to rendering such law enforcement services on the terms and conditions hereinafter set forth; and WHEREAS, such intergovernmental contracts are authorized and provided for by the provisions of §29-1-202 et seq, C.R.S. 1973, as amended. NOW, THEREFORE, for and in consideration of the mutual covenants, conditions and promises contained herein, the parties hereto agree hereby as follows: 1. The County agrees, through -the Sheriff of the County of Eagle, to provide police protection within the territorial limits of the District to the extent and in the manner hereinafter set forth. 2. The rendition of such service, the standards of performance, the discipline of officers, and other matters incident to the performance of such services and the control of personnel so employed, shall remain in the County. In event of dispute between the parties as to the extent of the duties and functions to be rendered hereunder, or the minimum level or manner of performance of such service, the determination thereof made by the Sheriff of the County shall be final and conclusive as between the parties hereto. -9- Cl� 3. Services performed hereunder shall encompass duties and functions of the type coming within the jurisdiction of and customarily rendered by the Sheriff of the County under the laws of the State of Colorado and, in addition, shall include, but not limited to, the following: i. The monitoring and control of the traffic patterns in the territorial limits of the District including, but not limited to, all parking lots and intersections; ii. Responding to emergencies, accidents and incidents in the territorial limits of the District; iii. Routine patrol duties; iv. Crime intervention and investigation; V. Drug abuse control program; vi. Training of the District's operational staff to include, but not limited to, training in the areas of traffic control, crowd control,. crime scene security, radio use, and psychology of enforcement; and -'' vii. Escort and transportation security services during the transportation and deposit of large sums of money; viii. Filing and prosecution of complaints for violation of the District's traffic regulations. 4. For the purpose of performing the services and functions herein described, the County agrees to provide at least forty (40) hours per week to the District pursuant to the schedules relative to the ski season and the off-season as set forth here- inbelow: ere- inbelow: -3- During the ski season, which for purposes of this agreement is defined as the period of time commencing on the first day and terminating on the last day that the ski slopes at Beaver Creek are open to the public for winter skiing, the County shall perform the services and functions herein described as follows: Mondays through Fridays Saturdays and Sundays 7:30 A.M. - 10:30 A.M. 3:30 P.M. - 5:30 P.M. 7:30 A.M. - 5:30 P.M. During the off-season, which for purposes of this agreement is defined as the period of time commencing on the first day and terminating on the last day that the ski slopes at Beaver Creek are closed to the public for winter skiing, the District and the County shall mutually agree upon a schedule which shall set forth the times the services and functions herein described shall be performed by the Sheriff for the District. The District agrees that any time spent in the County's performance of the services and functions herein described in excess of the specified forty (40) hours per week during the ski season shall be credited to the off-season and the off-season schedule shall be adjusted to reflect same. 5. The County agrees to use its best efforts in responding within three minutes during the scheduled times referred to in Section 4 hereinabove to calls and/or requests for assistance from the District and within ten minutes between said scheduled times to such calls and/or requests for assistance. 6. For the purpose of performing the services and functions herein described, the County shall furnish and supply all necessary -4- labor, supervision, equipment, communication facilities, jail facilities, and supplies necessary to maintain the level of services to be rendered hereunder, with the exception that the District agrees to make available to the County a snowmobile for the performance of the County's duties herein in areas unaccessible by a car or other motor vehicle. Such snowmobile shall be insured, owned and controlled by the District. 7. All persons employed in the performance of such services and functions pursuant to this agreement for said District shall be County employees, and no person employed hereunder shall have any District pension, civil service or any stature or right. 8. The District shall not be called upon to assume any liability for the direct payment of any salaries, wages or other compensation to any County personnel performing services hereunder for said District, or any liability other than that provided for in this agreement. The District shall not be liabile for compensation or indemnity to any County employee for injury or sickness arising out of his/her employment. 9. The County agrees to indemnify, defend and hold harmless the District, it's respective agents, affiliates, officers, directors, servants, and employees of and from any and all loss,costs, damage, injury, liability, claims, liens, demands, action and causes of actions whatsoever, arising out of or related to the County's intentional or negligent acts, errors or omissions or* that of it's employees, officers, sub- contractors and consultants, whether contractual or otherwise. Likewise, the District agrees to indemnify, defend and hold harmless the County, it's respective agents, officers, 57C directors, servants, and employees of and from any and all costs, damage, injury, liability, claims, liens, demands, C) action and causes of action whatsoever, arising out of or related to the District's intentional or negligent acts, errors or omissions or that of it's respective agents, affiliates, officers, directors, servants, employees, subcontractors and consultants, whether contractual or otherwise. 10. Each party to this agreement shall provide its own public liability and property damage insurance coverage as it may deem necessary for any potential liability arising from this agreement. Sheriff will maintain false arrest insurance in an amount satisfactory to the District. 11. Unless sooner terminated as provided for herein, this agreement shall be effective immediately and shall terminate December 31, 1981. Notwithstanding the foregoing provision, either party, with or without cause, may terminate this agreement upon the giving of thirty (30) days prior written notice of such termination to the other respective party. Notice shall be deemed to have been given upon the mailing of said notice by United States certified, first-class mail, postage prepaid, and addressed to the parties at their respective addresses as shall appear herein or upon a change of address pursuant to this notice provision. It is the intent of the respective parties hereto that this agreement shall be renewed for additional periods following the end of the initial period, and unless one of the parties gives notice to the other party at least thirty (30) days prior to the end of the initial period that such party desires to terminate this agreement or to renegotiate the terms, this agreement shall be automotically extended for additional periods of twelve (12) months each not to exceed a total of four such extensions. After the initial period, this agreement shall run a from January 1st to December 31st of each respective yeas. If the Sheriff wishes to renegotiate the monetary compensation of this agreement, he must notify the district in writing on or before August 31st prior to the ensuing year for budgetary purposes. 12. Financial obligations of the District and the County, respectively, payable after the current fiscal year are contingent upon funds for the purposes set forth in this agreement being appropriated, budgeted and otherwise made available. 13. The County agrees to use.its best efforts in the performance of its duties pursuant to this agreement and to exercise the maximum amount of prudence and safety. Notwith- going, it is understood by the District that standing the fore the officer on duty may be called upon to render law enforcement services to additional territory lying outside the boundaries of the District, and such officer's absence from the territorial limits of the District in the performance of such duties shall not be deemed to be a violation of this agreement. 14. The District agrees to pay the County the cost of performing the services and functions covered by this agree- ment. Costs shall include an amount sufficient to reimburse the County for the direct cost of wages, uniforms, and fringe benefits of an additional, CLETA Certified, Sheriff's Deputy for the term of this agreement and an amount equal to the District's proportionate share of the cost of a patrol car. On the first day of each month, the County shall submit to the District an invoice, in a form acceptable to the District, for that portion of the compensation due for the previous month in -7- accordance with the sentence next above. The Dlsrrict shall pay the County's total amount due within thirty (30) days of rx receipt of a proper invoice. 15. The total costs for the services to be rendered by the County to the District shall not exceed twenty-five thousand dollars ($ 25,000.00) per each respective term of this agreement. 16. In the event the District is dissatisfied with the County's performance of its duties pursuant to this agreement and such dissatisfication cannot be resolved between the County and the District, and/or if the County breaches any of the terms and conditions of this agreement on its part, the District's sole remedy is to terminate this agreement as herein provided. 17. No modification or waiver of this agreement or of any covenant, condition, or provision herein contained shall be valid unless in writing and duly executed by the party to be charged therewith. 18. This written agreement embodies the whole agree- ment between the parties hereto and there are no inducements, promises, terms, conditions, or obligations made or entered into either by the County or the District other than that contained herein. 19. This agreement shall be binding upon the respective parties hereto, their successors or assigns, and may not be assigned by anyone without the prior written consent of the respective parties hereto. 20. All agreements and covenants herein are severable, and in the event that any of them shall be held invalid by a Court of competent jurisdiction, this agreement shall be interpreted as if such invalid agreement or covenant were not contained herein. 21. The District has represented to the County and, likewise, the County has represented to the District, that it possesses the legal ability to enter into this agreement. In the event that a Court of competent jurisdiction determines that either of the parties hereto did not possess the legal ability to enter into this agreement, this agreement shall be considered null and void as of the date of such Court determination. IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first above written. ATTEST: COUNTY OF EAGLE, STATE OF COLORADO by and through it's BOARD OF COUNTY COMMISSIONERS By: Dale F. Grant, Chairman Address: P.O. Box 850 APPROVED: Eagle, Colorado 81531 328-7311 y C rk of the Boar of Cou ty Jack Hayn Eag e C Sheri'z Commissioners ATTEST: By: By: Secretary to the Board of Directors, Beaver Creek Metropolitan District BEAVER CREEK METROPOLITAN DISTRICT by and"through it's BOARD OF DIRECTORS • • Telephone: q4q-54M