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HomeMy WebLinkAboutC08-415INTERGOVERNMENTAL AGREEMENT BETWEEN EAGLE COUNTY AND TOWN OF MINTURN FOR COOPERATIVE LAW ENFORCEMENT SERVICES THIS AGREEMENT, made and entered into effective April 1, 2008 through December 31, 2009, 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 MINTURN, 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 authorizaed and provided for by the provisions of section 29-1-201, et sea.. 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 Sheriffs Office in support of patrol and investigations in unincorporated parts of the County. All references to general law enforcement services in this agreement aze 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 resolved, if possible, by direct discussion between the Sheriff of the County and the Chief of Police of the Town. 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 ofnon-traffic criminal offenses. e. Both in-house forensic support and use of Colorado Bureau of Investigation Lab, when required. f. Appeazances before Minturn Municipal Court for all violations cited into such Court as needed to prosecute each violation. g. Maintenance and handling of all evidence related to criminal activity. h. Any other services upon request that are within the Sheriffs current capabilities and budget limitations. Canine services. Special tactical services. 5. The Eagle County Sheriff will respond to all calls for service within the Town of Minturn and provide committed patrol service several times per work period, as defined by the Minturn Police Department. 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, hours and specified time periods of patrol service, investigative service, and recommendations as to beneficial alteration of services. ~. All citations written for violation of any Colorado State Statute or law shall command the alleged violator to appear before the Eagle County Court. The Sheriff shall not enforce any municipal code provisions which aze not of the same type typically enforced by the Sheriff in the County unless agreed upon. 8. 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. 9. The Sheriff shall have full cooperation from the Town, its officers, agents and employees so as to facilitate the performance of this agreement. 10. 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 Sheriff and not of the Town. 11. 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. 12. 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. 13. 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 of the Town's intentional or negligent acts, errors or omissions or that of its respective agents, officers, servants and employees, relating to this agreement. 14. 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. 15. The Town will present a written request for coverage at least 10 days ahead of the times they need covered. The request shall include date, duration and times of requested coverage. The County will submit a quarterly invoice to the Town for payment for $58.00 per hour of coverage. The County will charge only for requested service, not for covering Minturn officers following up cases with Minturn citizens, and the like. Payments should be sent to the Eagle County Sheriffs Office, Attn: Joseph Hoy, P.O. Box 359, Eagle Colorado 81631. 16. As of January 1 of each calendar year during the life of this Agreement, the County may adjust the cost calculation in accordance with changes in the cost of providing general law enforcement services. The County shall submit a replacement cost calculation (Attachment A) to the Town not later than thirty (30) days before the effective date of such a change. The foregoing does not preclude the County and Town from agreeing to any other cost adjustments. IN WITNESS WHEREOF, the parties hereto have executed this agreement effective the day and year first above written. ATTEST: Clerk to the~'$oard of County Commissioners (3~-t ~- ~ D k-PvC~ COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS B ~ Peter F. Runyon Chairman TOWN OF MINTURN STATE OF COLORADO ATTEST: By and Through its TOWN COUNCIL By: Hawk a Flaherty, M APPROVED: By: Jose Hoy, gle Coun i 'ff APPROVED: By: Lorenzo tinez, intern of of Police