HomeMy WebLinkAboutC10-011 IGA Cooperative Law Enforcement Services Town of GypsumINTERGOVERNMENTAL AGREEMENT FOR
COOPERATIVE LAW ENFORCEMENT SERVICES
THIS AGREEMENT, made and entered into effective 1St day of January, 2010 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, et se ., 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 are references only to services that shall be
delivered under the terms of this agreement. Such services shall include the enforcement of State
statutes and the town codes and ordinances, as agreed to by the Sheriff or his designee. Services
shall also include traffic enforcement and related services to the extent possible. County agrees
to provide all investigative support necessary to complete criminal investigations conducted
hereunder.
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.
Business checks after hours.
d. Professional investigation of non-traffic criminal offenses.
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e. Maintenance of a law enforcement record system including crime reports,
arrest reports, and online entry of IBRS 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.
i. Maintenance and handling of all evidence related to criminal activity.
j. Crime-resistance and prevention 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 Sheriffs current
capabilities and budget limitations.
1. Canine services.
m. Provide officers to attend all special Town events as agreed upon in advance.
Certain events that require extraordinary resources, such as Gypsum Daze, will require
additional payment for Sheriffs services. These arrangements will be negotiated
outside of this agreement.
n. Training.
o. Special tactical services.
p. Liaison with other law enforcement agencies.
q. Selected Municipal Code Enforcement as agreed upon by Sheriff.
r. Accident investigation on minor crashes. Crashes causing death, serious bodily
injury or that are complicated in scope will be referred to the Colorado State Patrol for
investigation.
s. Victim Services
t. School Resource Officer service
u. Airport Terminal Security in compliance with FAA and TSA standards.
v. Administrative services to include recruiting, selection, training, etc.
2. Management of the rendering of such services, leadership and supervision, the
standards of performance, the discipline of officers, recruiting and selection and other matters
incident to the performance of such services and the review of personnel so employed, shall
remain under the Sheriff. The Sheriff shall appoint a supervisor within the Eagle County
Sheriffs Office to act as the liaison for the provision of services to Gypsum. This supervisor
("Gypsum Law Enforcement Coordinator") will have functional authority over Sheriff's
personnel providing service to Gypsum, whether in full or part time service to Gypsum. The
Gypsum Town Manager or his designee should communicate with the "Law Enforcement
Coordinator" regarding all law enforcement matters in the Town of Gypsum.
Any person employed by County for the performance of services and functions pursuant
to this Agreement shall remain employees of County on special assignment to the Town of
Gypsum for the purposes of this Agreement, and shall not be considered employees of Town.
No such County employee shall have any entitlement to compensation, workers' compensation
coverage, pension, or civil service benefits from Town.
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 considered by the Sheriff or his designee and the Town Manager or his designee
for resolution. If the dispute cannot be resolved in such a way, either party may terminate this
Agreement and the County shall prorate to Gypsum the amount paid for the current year service.
4. The Eagle County Sheriff will provide these services with an average of three (3)
assigned deputies per week 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, or his designee, 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.
5. The Sheriffs 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, number of hours of patrol
time spent by Sheriff's Deputies, number and type of incidents handled within the town, number and
type of county and municipal citations issued within Gypsum, number of accidents investigated,
number and type of prevention activities presented, hours of investigative service, crime analysis data
and recommendations as to beneficial alteration of services.
6. 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's enforcement.
7. The Sheriff shall 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 to the "Law
Enforcement Coordinator".
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 of the 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.
8. 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 Council or Sheriff.
The Sheriff or his designee will review this agreement annually to insure that all elements are being
met, and will meet with a Town representative to review and discuss the performance of the
agreement.
9. The County shall furnish and supply all necessary labor, equipment, supervision,
communication services, 800 MHz radio system and all supplies necessary to maintain the level of
service to be rendered herein, except as provided herein. Location of the above will not necessarily
be within Town limits.
' The Town will-provide,,aLno 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.
The provision of equipment herein specifically does not include the provision of vehicles,
adequately equipped and ready for use. The Town shall bear the cost of providing three (3)
vehicles that meet minimum, reasonable specifications as provided by the County and such
vehicles shall be registered by the Town. Town shall bear the cost of maintenance, fuel,
licensing, and any and all expenses associated with use of the vehicle for the provision of
services hereunder, which is inclusive of responsibility for any and all cost for physical damage
to the Town -owned vehicles. Town shall maintain insurance for any physical damage to the
vehicles in an amount equal to the replacement value of all vehicles provided to the County
under this agreement. Policy shall, by endorsement, name Eagle County and the Eagle County
Sheriff as Additional Insureds. Such insurance may be provided through a program of self-
insurance. County shall be responsible for the cost of all third party liability caused by the
operation of the Town-owned motorcycles or vehicles, including the property damage caused by
the negligence or wrongful acts of County officers and employees while operating Town-owned
motorcycles and vehicles. Except as necessary and as provided in Section 7, Motorcycles and
vehicles owned by Town shall be used only for Town-approved functions.
Notwithstanding the foregoing paragraph, the Town may choose to have the County
provide all vehicles, adequately equipped, insured, and ready for use under this Agreement. If
such choice is made, the Town shall pay to County an additional sum as set forth in the "Cost
Calculation Sheet" attached hereto marked as Attachment A and incorporated herein by this
reference. The Town will pay the actual costs of said vehicles and equipment. Costs contained
on the Cost Calculation Sheet are estimates made for budget purposes and may not reflect the
actual costs of said vehicles and equipment. Such choice must be made by the Town no later
than June 1st of each year of the Agreement for provision of vehicles in the succeeding year. If
such choice is not made by that time, the Town shall be responsible for the provision of vehicles
in the next year of the Agreement.
10. The Sheriff shall have full cooperation from the Town, its officers, agents and
employees so as to facilitate the performance of this agreement.
1 I. 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.
12 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.
13. 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.
14. 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.
15. 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.
16. The Town will pay the County in advance for the services to be provided under this
Agreement an amount set forth on the Cost Calculation Sheet attached. 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.
17. 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.
18. Unless sooner terminated as provided for herein, this agreement shall be
effective upon execution by the parties and shall terminate December 31, 2012. Notwithstanding the
foregoing provision, either party, with or without cause, may terminate this agreement as of the
beginning of the first day of July of any year upon notice in writing to the other party of not less than
six (6) months prior thereto. 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.
19. It is the intent of the respective parties hereto that this agreement shall be renewed
for additional three (3) year periods following the end of the initial period, and unless one of the
parties gives notice to the other party at least six (6) months 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
three (3) years, not to exceed a total of four such extensions. After the initial period, the Cost
Calculation Sheet will reflect a fee based on a mutually agreed upon method for determining
such cost. That method will be developed during the initial period by the parties, working
together. After the initial period, this agreement shall run from January 1st to December 31st of
each respective year.
Notwithstanding the foregoing, neither party has any obligation under this agreement after
December 31, 2012, except to the extent accepted by appropriation therefore in accordance with
Colorado local government budgeting laws.
20. 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.
21. 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.
22. 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.
23. 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.
24. 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.
IN 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
$OARD OF COUNTY COMMISSIONERS
ATTEST:
BY;
ATTEST:
By: T
Clerk to the
TOWN OF GYPSUM,
STATE OF COLORADO
By and Through its
TOWN COUNCIL
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By: / % ~~f
Mayor ,~,. ~
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APPROVED:
By:
Joseph H a 'ff
County Commissioners
Attachment A
TOWN OF GYPSUM Sheriff Services Agreement Cost Calculation Sheet
Term: January 1, 2010 through December 31, 2012
Payment: Payments for the provision of general law enforcement services shall be as set forth
below. The Town of Gypsum shall have the option of providing its own law enforcement
vehicles or having the County provide the same with payments adjusted accordingly as set forth
herein.
Payment amount if the Town provides law enforcement vehicles: Payment for the provision of
general law enforcement services to be provided by Eagle County to the Town of Gypsum shall
be as set forth immediately below. Said amounts shall remain in effect provided the Town of
Gypsum bears the cost of providing three (3) vehicles, including attendant maintenance, fuel,
licensing, and all other expenses associated with the use of the vehicles.
2010: $500,000
2011: $600,000
2012: $750,000
Payment amount if the Count provides law enforcement vehicles: Payment for the provision of
general law enforcement services to be provided by Eagle County to the Town of Gypsum shall
be as follows. Said amounts shall remain in effect provided the County bears the cost of
providing three (3) vehicles, adequately equipped, insured, and ready for use. Town shall
continue to pay for maintenance and fuel of the same.
2010: $535,000
2011: $640,000
2012 $795,000
