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mTERGOVERNMENTAL AGREEMENT FOR
COOPERATIVE LAW ENFORCEMENT SERVICES
THIS AGREEMENT, made and entered into effective January 1,2007 through December 31,
2007, by and between the COUNTY OF EAGLE, STATE OF COLORADO, a body corporate and
politic, by and through its BOARD OF COUNTY COMMISSIONERS, hereinafter referred to as the
"County," and the TOWN OF GYPSUM, STATE OF COLORADO, a municipal corporation, by and
through its TOWN COUNCIL, hereinafter referred to as the "Town."
WITNESSETH:
WHEREAS, the Town and the County desire to have a Cooperative Service Agreement
for the performance of law enforcement functions by the Sheriff; and
WHEREAS, such intergovernmental agreements are authorized and provided for by the
provisions of section 29-1-201, ~., C.R.S.
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, through the Sheriff, will provide general law enforcement services
within the corporate limits of the Town to the extent and the manner hereinafter set forth. For
purposes of this agreement, general law enforcement services shall consist only of patrol and
investigations, and all auxiliary and technical services now provided by the Sheriff's Office in
support of patrol and investigations in unincorporated parts of the County. All references to
general law enforcement services in this agreement are references only to services that shall be
delivered under the terms of this agreement.
2. Management of the rendering of such services, leadership and supervision, the
standards of performance, the discipline of officers and other matters incident to the performance
of such services and the review of personnel so employed, shall remain under the Sheriff.
3. In event of a 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, and
the determination thereof made by the Sheriff of the County is unacceptable to the Town, the
dispute shall be submitted to a four member citizen board. The members of this Board shall be
selected as follows:
a. One person shall be chosen by the Town's Council and shall not be a
member of any law enforcement organization;
b. One person shall be chosen by the Sheriff and shall not be a member of
any law enforcement organization:
c. Two persons shall be chosen by the mutual consent of the Town Council,
and the Sheriff of the County, and shall not be members of any law enforcement
organization.
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The finding of this arbitration board shall be final and binding on both parties; provided.
however. such finding is not in violation nor inconsistent with the provisions set forth in Section 30-
10-501, ~., C.R.S.
4. Specific service provided by the Sheriff on behalf of the Town shall include the
following, by way of example only:
a. General traffic enforcement pursuant to state and
local traffic ordinances.
b. General enforcement of the Colorado Criminal Code.
c. Business checks after hours.
d. Professional investigation of non-traffic criminal offenses.
e. Maintenance of a law enforcement record system including crime reports,
arrest reports, and online entry ofNIDRS statistics into the Colorado Crime
Information Center.
f. Crime analysis and statistical information systems at present capability.
g. Both in-house forensic support and use of Colorado Bureau of Investigation
Lab, when required.
h. Appearances before Gypsum Municipal Court for all violations cited into
such Court as needed to prosecute each violation.
1. Maintenance and handling of all evidence related to criminal activity.
j. Crime-resistance materials and programs for residential and business
applications provided in the same fashion and on the same basis as elsewhere in
the County.
k. Any other services upon request that are within the Sheriff's current
capabilities and budget limitations.
I. Canine services.
m. Provide officers to attend all special Town events agreed upon.
n. Training.
o. Special tactical services.
p. Liaison with other law enforcement agencies.
q. Selected Municipal Code Enforcement as agreed upon by Sheriff.
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5. The Eagle County Sheriffwill provide a basic level of services at an average of forty
(40) man hours per week per assigned deputy as otherwise agreed to by the parties as needed to
provide law enforcement services. Directly-committed patrol service will be established by the Town
and the Sheriff on their assessments of changing community needs, statistical/crime analysis
information and other factors such as day of week, month, school vs. non-school day, holiday and
community activities or events. Total hours and exact times of directly-committed patrol service may
be modified by the parties to ensure no patrol pattern is established that would defeat crime
prevention aspects of patrol service.
6. The Sheriff's Office shall provide to the Town a quarterly report detailing law
enforcement and public service activities provided under this agreement. Said report shall, at a
minimum, detail number and type of criminal complaints, property loss, hours and specified time
periods of patrol service, hours of investigative service, crime analysis data and recommendations as
to beneficial alteration of services.
7. All citations written for violation of any Colorado State Statute or law shall command
the alleged violator to appear before the Eagle County Court. All citations written for violation of the
Town's municipal code shall command the alleged violator to appear before the municipal court of
the Town. If the municipal code is the same as State Statute on a violation, the violator will be cited
on the municipal code. The Sheriff shall not enforce any municipal code provisions which are not of
the same type typically enforced by the Sheriff unless agreed upon. The parties agree to work in
good faith to review municipal code provisions for determination of Sheriff enforcement.
8. The Sheriffshall give prompt and due consideration to all requests of the Town
regarding delivery of general law enforcement services. The Sheriff shall make every effort to
comply with these requests to the extent consistent with good law enforcement practices. All requests
for services of the Sheriff shall be made by the Town Manager/Administrator.
Notwithstanding the foregoing, it is understood by the Town that Sheriff officer(s) on duty
will render law enforcement services to areas outside the corporate boundaries ofthe Town, and such
officer(s)' absence from the corporate limits of the Town in the performance of such duties shall not
be deemed to be a violation of any Town policy or this agreement; provided, however, that the
general law enforcement protection required by this agreement is provided at all times.
9. The Town and the Sheriff shall each designate a specific individual and alternates to
make or receive requests and to confer on matters concerning delivery of general law enforcement
services to the Town. The Sheriff or his delegated representative will appear before the Town
Council at least once a month or more or less frequently as requested by the Town Councilor Sheriff.
10. The County shall furnish and supply all necessary labor, equipment, and all supplies
necessary to maintain the level of service to be rendered herein, except as provided herein.
The Town will provide, at no cost to the County, access to Town Hall facilities for administrative
use, such as interviews and completion of paperwork when required, and the use of currently owned
law enforcement equipment for traffic control and other law enforcement functions, throughout the
duration of this agreement. It is understood that any equipment used will remain in its original
ownership and necessary maintenance costs will be borne by the owner, throughout the duration of
this agreement.
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11. The Sheriff shall have full cooperation from the Town, its officers, agents and
employees so as to facilitate the performance of this agreement.
12. All persons employed in the performance of general law enforcement services and
functions pursuant to this agreement for said Town shall be employees of the Sheriffand not of the
Town.
13. The Town 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 Town, or any liability other than that provided for in this agreement. Except as herein
otherwise specified, the Town shall not be liable for compensation or indemnity to any County
employee for injury or sickness arising out of his /her employment.
14. The County, its officers and employees, shall not be deemed to assume any liability
for intentional or negligent acts of said Town or of any officer or employee thereof.
15. To the extent allowed by law, the County agrees to indemnify, defend and hold
harmless the Town, its respective agents, officers, 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 the County's intentional or negligent acts, errors or omissions or that of its agents,
officers, servants, and employees, relating to this agreement. Likewise, the Town agrees to
indemnify, defend and hold harmless the County, its respective agents, officers, servants, and
employees of and from any and all costs, damage, injury, liability, claims, liens, demands, action and
causes of action whatsoever arising out ofthe Town's intentional or negligent acts, errors or
omissions or that of its respective agents, officers, servants and employees, relating to this agreement.
16. 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.
17. The Town will pay the County in advance for the services to be provided under this
Agreement an amount equal to the County's cost for officer(s) salary and benefits, including
necessary overtime hours, as more specifically set forth on the costs calculation sheet attached hereto
marked as Attachment A and incorporated herein by this reference. The Town acknowledges that the
salary of an officer performing satisfactorily may increase up to four percent (4%) annually for merit
increases during the term ofthis agreement. Town will pay in two prorated installments, the first of
which is due on the effective date of this agreement and the second of which is due on the sixth
month anniversary thereof; in subsequent years equal payments will be due on January 1 and July 1
of each year. Payments should be sent to the Eagle County Sheriffs Office, Attn: Joseph Hoy, P.O.
Box 359, Eagle Colorado 81631.
18. As of January 1 of each calendar year during the life of this Agreement, the County
may adjust the cost calculation in accordance with changes in the cost of providing general law
enforcement services. The County shall submit a replacement cost calculation (Attachment A) to the
Town not later than thirty (30) days before the effective date of such a change. The foregoing does
not preclude the County and Town from agreeing to any other cost adjustments.
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19. Financial obligations of the Town 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.
20. Unless sooner terminated as provided for herein, this agreement shall be effective upon
execution by the parties and shall terminate December 31, 2004. Notwithstanding the foregoing
provision, either party, with or without cause, may terminate this agreement upon the giving of ninety
(90) 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 one (1) year periods following the end of
the initial period, and unless one of the parties gives notice to the other party at least ninety (90) days
prior to the end of the initial period, or then current additional period, that such party desires to
terminate this agreement or to re-negotiate the terms, this agreement shall be automatically extended
for additional periods of twelve (12) months, not to exceed a total of four such extensions. After the
initial period, this agreement shall run from January 1 st to December 31 st of each respective year.
Notwithstanding the foregoing, neither party has any obligation under this agreement after
December 31, 2004, except to the extent accepted by appropriation therefore in accordance with
Colorado local government budgeting laws.
21. 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.
22. This written agreement embodies the whole agreement between the parties hereto and
there are no inducements, promises, terms, conditions, or obligations made or entered into either by
the County or the Town other than that contained herein.
23. 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.
24. 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.
25. The Town has represented to the County and, likewise, the County has represented to
the Town, 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.
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//REMAmDER OF PAGE mTENTIONALLY LEFT BLANK//
m WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first
above written.
COUNTY OF EAGLE, STATE OF COLORADO
By and Through its
'T4''Z':ZL'e~"_, 0" ARD OF COUNTY COMMISSIONERS
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OR"'.;)' __
Peter F. Runyon, ChaIrman
A TrEST:
TOWN OF GYPSUM,
STATE OF COLORADO
By and Through its
TOWN COUNCIL
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Mayor
APPROVED:
By:
Joseph Hoy, Eagle County Sheriff
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