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HomeMy WebLinkAboutC11-252 IGA for Town of Gypsum - SheriffAMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT FOR COOPERATIVE LAW ENFORCEMENT SERVICES THIS AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT FOR COOPERATIVE LAW ENFORCEMENT SERVICES (the "Agreement'), made and entered effective the I" day of January, 2011, between the Town of Gypsum, Colorado, a municipal corporation, by and through its Town Council (the "Town "); and the County of Eagle, Colorado, a body corporate and politic, by and through its Board of County Commissioners (the "County"). The Eagle County Sheriffs Office (the "Sheriff') will administer this Agreement on behalf of the County and perform the obligations of the County described herein. WITNESSETH: WHEREAS, the Town and the County previously entered into, and continue to be bound by, that certain Intergovernmental Agreement for Cooperative Law Enforcement Services dated as of January 1, 2010 ( "Original Agreement'), whereby the Town contracted with the County for provision of law enforcement services; and WHEREAS, the Town and County now desire to amend, modify and restate their agreement to the terms and conditions associated with the performance of law enforcement protection services within the Town as provided by the County through the Sheriff and, once this Agreement is effective, to terminate the Original Agreement; and WHEREAS, such intergovernmental agreements are authorized and provided for under Section 29 -1 -201, et seq., C.R.S. NOW, THEREFORE, it is agreed as follows: Purpose of the Agreement This Agreement is made between the Town and County to provide for law enforcement protection services as described herein. II. Services to be Provided The County shall provide the following law enforcement protection services within the corporate boundaries of the Town: A. Except as otherwise specifically set forth, the services shall be those duties and functions coming within the jurisdiction of the County pursuant to Colorado law. B. The standards of peace officer performances, the discipline of deputies and other matters incident to the performance of law enforcement services and control of personnel so employed, shall remain in and under the sole control of the County. r t00219264.DOC/ 511 C. Except as otherwise specifically set forth, the standard level of services provided shall be the same level of services which are provided for unincorporated areas of similar population density in Eagle County. Said standard level of services shall include, but not limited to, the following: 1. From January 1, 2011, through December 31, 2012, the County will provide 684 hours of patrol services per month within the corporate limits of Town, for an annual total of 8,208 hours. These hours will include court time, up to 32 hours of training per month, and up to 96 benefit hours per month. Included in the said services will be one officer assigned to the following schools, as a school resource officer to Eagle Valley High School, Gypsum Creek Middle School, Red Hill Elementary School, Gypsum Elementary School and New American School. Said officer will be assigned to normal Town patrol duties when school is not in session. 2. On -call response to complaints and services from the Town or the public. On- call availability shall consist of all daily hours not covered by routine or random patrol, and responses to request will be authorized by the on -duty supervisor. 3. The actual time periods during each day spent in providing patrol services shall be dependent upon several factors including, but not limited to, the day of the week, the time of the month, school day versus non - school day, needs of the community, holiday, etc. The normal scheduled hours shall be between 0600 hours and 0300 hours. These times will not include travel time to and from Eagle or briefing time. The County is allowed to use flexible scheduling to prevent the development of patrol hour patterns. Extra hours worked in any month will be applied to any month where the number of hours worked does not total the contracted requirement. 4. Patrol services shall include, but not limited to, the following: general traffic enforcement, business checks by foot patrol or vehicle, vacation checks of private residences (as requested), development and maintenance of crime prevention programs for commercial and residential use, special events (games /gatherings at EVHS, movie nights in the park, Gypsum Daze, etc.), investigation of traffic accidents, investigation of criminal offenses (including the use of criminal investigators and forensic laboratory capabilities), narcotics investigations and Vin checks. 5. Patrol services shall also include the enforcement of Colorado state statutes and county and municipal ordinances which are of the same type and nature as Colorado laws enforced by the County within unincorporated Eagle County. The County shall enforce Title 10 (Vehicles and Safety) of the Town's Municipal Code. The County will not handle any non - hazardous animal calls under this Agreement. 6. The County acknowledges that personnel assigned to the Town have been notified of their duty to cooperate with state and federal officials t00219264.DOC / 512 with regards to enforcement of state and federal laws regarding immigration and their duties to comply with the provisions of C.R.S. § 29 -29- 103(2). III. Municipal and County Court A. It is agreed the Sheriffs deputies making arrests or issuing summons to violators for appearance in court shall appear at the appointed time and date to give all evidence and testimony required by the court. Sheriff's deputies failing to comply with this requirement may be subject to disciplinary action by the County. The County shall notify the Town if any disciplinary action is taken by the County in the enforcement of this provision in the monthly report submitted pursuant to Section VI(A). B. It is agreed that deputies assigned to the Town will not act as court recorders and are not held responsible for scheduling or monitoring of community service sentenced by the court. IV. Personnel and Equipment A. It is agreed that the County shall furnish and supply all labor, supervision, equipment, communication facilities for dispatching, cost of jail detention, and all supplies necessary to maintain services to be rendered. B. The Town will provide access to the Town Hall and equipment located therein for administrative use by the County in conjunction with this Agreement. V. Liability of the Parties A. Nothing in this Agreement shall constitute a waiver of any of the rights, remedies or obligations of the Colorado Governmental Immunities Act or other Colorado law. B. Any person employed by County for the performance of services and functions pursuant to this Agreement shall remain employees of the County on special assignment to the Town 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. The Town shall not assume any liability for the direct payment of any salaries, wages or other compensation to any County personnel performing services hereunder for the 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 providing services to the Town under this Agreement, for such employee's injury or sickness, whether or not such injury or sickness arises out of services provided to the Town. The County shall to the extent of County insurance cover such liability, defend and hold harmless the Town against any such claims and provide any required workers' compensation insurance program and unemployment insurance coverage for the County employee. Any release, hold harmless and indemnity given hereunder shall not constitute a waiver of any rights or immunities afforded to the County under § 24 -10 -107, et seq., C.R.S. t00219264.DOC / 513 VI. Monthly Reports Provided to the Town A. It is agreed that the Sheriff or designee shall provide a monthly written report in the form attached hereto as Exhibit A to the Town Manager detailing law enforcement and public services activities provided under this Agreement. Said report shall be submitted to the Town prior to the 15 °1 of the following month. The contents of the report, or portions thereof, shall be released to the public only upon the written authorization of the Sheriff. The report may also include suggestions and/or accommodation by the Eagle County Sheriff's Office by way of joint efforts between the Town and the County for pro- active community policing programs where applicable. B. Prior to the first of each month, the County will provide to the Town, through the Town Manager, a schedule of the days and times to be worked in the month. This schedule may be modified during the month to conform to the needs of the community as expressed by the Town. The schedule is confidential and will not be release without the written authorization of the Sheriff. VII. Pavments for Services Delivered A. The Town hereby agrees to pay the County an amount not to exceed $600,000.00 per year for the services described herein; the actual amount due may be adjusted as provided in subsection (B) below. The Town will make equal payments quarterly in the amount of $150,000.00 to the Eagle County Sheriff's Office. Payments are due on the 15"' of the month in March, June, September, and December. Notwithstanding the foregoing, the amount of the final quarterly payment may be adjusted as provided in subsection (B) below. B. If the County provides less than 8,208 hours of patrol services during the term of this Agreement, the Town may deduct from its final quarterly payment the amount that is $47.06 times the number that is the difference between 8,208 and the total number of patrol hours that were actually provided. If the County provides more than 8,208 hours of patrol services during the term of this Agreement, the Town shall not be obligated to compensate the County for the excess hours unless payment for the additional hours has been approved by the Town in advance in writing. C. County also agrees to allow all vehicles used by Gypsum Deputies to be marked as "Gypsum Police Department — Sponsored by Eagle County Sheriffs Office." VIII. Termination of the Agreement Either party shall have the right to terminate this Agreement at any time provided that the party wishing to terminate provides the other party at least one hundred eighty days (180) written notice of its intention to terminate. In the event that either party elects to terminate this Agreement during its term or fails to agree to renewal as provided in Section X, the Town shall be liable for payment in full to the County for its services to the date of the termination of the Agreement. IX. Liaison Between the Parties (002I9264.DOC / 5)4 A. It is agreed that the Sheriff shall have full cooperation of the Town, its officers, agents, and employees, so as to facilitate the performance of this Agreement. B. It is agreed that for the purpose of maintaining cooperation, local control, and general information on existing complaints and problems in the Town, each party shall appoint a liaison through which written and oral communication between the parties shall be directed. The Town's liaison shall be the Town Manager. The County shall appoint a liaison and notify the Town of the same. The duties of the County liaison are described on Exhibit B , attached hereto and incorporated herein. It is agreed that the Town shall have full cooperation of the Sheriff and his representatives in response to pre- existing complaints and /or problems and they shall promptly take steps to resolve the situation in a manner mutually agreeable to the Town and the County, understanding that the Sheriff is the final authority on such issues. C. The Sheriff will review this Agreement annually to insure that all elements of the Agreement are being met, and will meet with a representative of the recipient government to review and discuss the performance of the Agreement. X. Renewal and Modification of the Agreement A. This Agreement may be renewed in a writing signed by the parties. Re- negotiation of the terms, payments, and services provided will be included in any renewal agreement. B. Any changes to this Agreement shall be made only by written amendment signed by the parties. XI. Term of Agreement This Agreement shall be effective upon the first day of January, 2011 through the thirty -first day of December, 2012. Notwithstanding the foregoing and any other provisions of this Agreement, the terns and obligations of this Agreement are subject to annual appropriations by the parties so as to not create a multiple fiscal year obligation pursuant to Article X, Section 20 of the Colorado Constitution. XII. Entire Agreement 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. XIII. Assignment 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. XIV. Severability (00219264.DOC / 5) 5 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. XV. Authori The Town represents to the County and, likewise, the County represents 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 do 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. XVI. Termination of Original Agreement This Agreement amends, supersedes and replaces in its entirety the Original Agreement between the Town and the County. The Original Agreement, which has been continuously in effect since its date of execution, is hereby terminated without further action effective as of the date of this Agreement. 100219264.DOC / 516 IN WITNESS WHEREOF, the Town of Gypsum, by and through its Town Council, caused this Agreement to be signed by its Mayor and attested by its Town Clerk, and the County of Eagle, by and through its Board of County Commissioners, caused this Agreement to be signed by its Chairman, attested by its Deputy Clerk, and approved by its Sheriff, all on the day and year first above written. COUNTY OF EAGLE, STATE OF COLORADO, by and through its BOARD OF COUNTY COMMISSIONERS 0 b TOWN OF GYPSUM, STATE OF p, COLORADO, by and through its TOWN COUNCIL CE T: By: Clerk to the Town Council Stephen M. Carver, Mayor APPROVED: By: Joe Eagle ri 1002I9264.DOC / 517 EXHIBIT A FORM OF MONTHLY REPORT [Attached] (00219264.DOC / 518 Eagle County Sheriff's Office May 24, 2011 to June 26, 2011 Report From May 24, 2011 to June 26, 2011 there were 325 Dispatched calls for services for the Town of Gypsum. These calls were handled by the 3 assigned Gypsum Deputies and 25 other non - Gypsum assigned Deputies. Gypsum assigned Deputies handled 30 percent of the calls for service during this four week period. The stats show there were 7 motor vehicle crashes reported in the Town of Gypsum, during this period. During these four weeks there were 433 calls Initiated by Deputies within the Town of Gypsum. Some of these calls range from business checks, i.e. talking with business owners and employees, foot patrols, follow ups on calls or reports, and similar calls. 30 percent of these calls were made by Gypsum assigned Deputies. During this period Deputies continually monitored the high water levels of the Eagle River. During this period Deputies and Detectives handle a death of a toddler in the Town of Gypsum. The death was related to medical issues. Deputies and Detectives also handled a death of a Minturn residence after a rafting incident on the Eagle River by the Dragon A Ranch. Master Deputy Degen, Master Deputy Proctor, Master Deputy Hay assisted with traffic control after the Eagle Valley High School graduation ceremonies. Master Deputy Degen attended several meetings including, the Child Protection meeting. Master Deputy Degen handled the vandalisms of 34 vehicles while parked at EVHS. These vehicles belonged to seniors who attended Project Graduation and left their vehicle parked overnight. Master Deputy Degen arrested 4 adults and 4 Juveniles in connection with the vandalisms. During this period Deputies handled 5 Burglary cases to residences. On one of the case the home owner caught the suspect in house. This juvenile male was arrested and after an interview confessed to committing other burglaries in the Gypsum area. During this investigation some of the stolen property was returned to the rightful owners. An adult male was also arrested and charged with Burglary and Felony theft. On June 26, Master Deputy Mosness received a call of 9 windows being broken out at EVHS. Some of these windows were the large lunch room windows. The total amount was approximately $6000.00. With the help of Mike Gass and Eric Mandeville several leads developed that lead to an arrest warrant being issued for a juvenile male from the Dillon, Colorado area. Another case solved by the men and women of the Eagle County Sheriff's Office. Good work to all my co- workersll Report completed by: Master Deputy Heath Mosness Eagle County Sheriff's Office Gypsum Law Enforcement Coordinator ECG'® Dispatched Cully By Event Type Dille Range: 5 I to 6 %26 %2011 Event Type VEHA ABANDONED VFHiCLE AI ARM ALARM ANI ANIMAL COMPLAINT ASSIST ASSIST BURG BURGLARY GUNCHEC CBI FIRE ARMS CHECK CIVIL CIVIL. STANDBY/ MATTERS VAND CRIMINAL INJURY'1'0 PROPEL fY DAM DAMAGE DFATI1 DFATH DIST DISTURBANCE DOMESTI DOMFSTIC DISTURBANCE FIGHT FIGHT FIRE EIRE FIREWOR EIRFWORKS FOLD FOLLOW UP FND FOUND PROPERTY LIAR HARASSMENT JUVI JUVENILE PROBLEM LOST LOST PROPER "fl` MED MEDICAL MISS MISSING /OVERDUE PARTY MVA MOTOR VEHICLE ACCIDENT NOISE, NOISE COMPLAINT ODORS ODOR /SA4E1L UNK OPEN OPEN DOOR I WINDOWS PARK PARKING PROBLENI PROW PROWLER REDDI REDDIREPORT RESTO RESTRAINING ORDER VIOLA I - ION ROAD ROAD DEBRIS SIT] SUICIDAI, PARTY SUSP SUSPICIOUS OC'CURE.NCH it of Disptached CaII,S 16 ,3 34 5 3 15 30 2 r., 2 3 43 p 0 5 3 10 :3 it 1 fi I 7 s G z 2s GYPSUM Humth e. •lane 311, 2011 Page 1 af'2 tis•ent T ype fl nr llisptaehed Calls lilt-A-1 THLPr I TRAP TRAFFIC'COMPLA INT 25 rRA TRAINING TRGS TRESPASSING s 911 UNKNOWN 911 CALL a UNKM UNKNOWN h4FI ICM UNK UNKNOWN NATURE VIN VIN CHECK WEL WLLFAREC'HECK a Total Dispatched: ate. 77uosdayt Jane JU. 2011 Page 2 of 2 ECSO Initiated Calls By Event Type lair R me: 5124 10 6 ElvelII T ype it a( 1111IFe m 08116 VI:ITA AB \Nf1ON1:17 v61liCLt; ANI ANIMAL COMPTAINT ASIA ASSAULT ASSIST ASSIST w ATI. A PTI:NIP'E TO LOCA FI; g AT'S ATTENIPTTOSERVI�, es BURL; BURGLARY RUSC BUSINESS CI ILCK .19 CIVIL CIVIL STANDBYIMATFITS 5 COPS COM1\-11 WITY ORIENTED POLICING 12 CON CONTACT q V,AND CRIMINAL IN.IORY'10 PROI'ER'IY z OONIrSTIC DON1}sS'PK' DLS'PIIRBAN('E DRUGS DRUGS � P,VID EVIDENCL PROC I :SSWG i FIG IIF EIGIII , ROUT FOLLOW (if rig POOT FOO'I PA'IWO]. 3II .IUVf JUVLNII.HPROBLEM IM VA ;MOTOR VFIIICLIiACCIDENT i OPEN OPEN DOOR 7 WINDOWS 3 PARK PARKING PROBLIiM a PATROL PATROL IRADAR g RELAY RELAY q RPTS REPORTS 20 ROAD ROAD UT!BRIS RUN RUNAWAY SUSP SUSPICHMS OOCURRNCF iz - 11ILH* TIFF P I TRAFFIC STOP 100 TRA TRAINING 2 VIN VIN CIII -CK WH, WE[ I -ARP Cllrcl< 771 111Y. film 21111 GYPSUM Page 1 of 2 1?eew Type Total Initiated: nsa tt of Initiated Calls Tkurcrlay. Jruar 30. 2011 Page 2 off > EXHIBIT B DUTIES OF COUNTY LIAISON [Attached] {002I9264.DOC / 519 EAGLE COUNTY CLASS SPECIFICATION POSITION TITLE: GYPSUM LAW ENFORCEMENT LIAISON OFFICER DEPARTMENT: SHERIFF'S OFFICE REPORTS TO: PATROL SERGEANT FLSA STATUS: NON - EXEMPT JOB SUMMARY Performs law enforcement duties including: responding to calls for service; preventing, detecting, and investigating crimes; enforcing violations of criminal statutes; serving civil processes; providing protection services; and solving community issues. Providing extra duties regarding to section IX(a)(b) of the contract between the Eagle County Sheriffs Office and the Town of Gypsum. ESSENTIAL FUNCTIONS The Gypsum Law Enforcement Liaison Officer will perform all essential functions of an Eagle County Sheriffs Office Patrol Deputy, with additional responsibilities including, but not limited to, the following: Keep the Sheriff and the Gypsum Town Manager advised of Law Enforcement issues within the Town of Gypsum. Provide monthly schedules to the Town Manager regarding Gypsum assigned Deputies. Attend Town Council meetings as often as possible. Attend community meetings when needed. Assist Gypsum Town Clerk with obtaining necessary reports needed for Municipal Court. Work with Municipal Court Clerk and Gypsum Town Attorney in keeping the Model Traffic Code (MTC) and Gypsum Municipal Code up to date with new laws. Assist with planning of large events such as Gypsum Daze. Assist and be a part of any large incident command event, such as wild land fires, flooding and evacuations of Gypsum residents. Keep Gypsum Town Manager inform on changes in Sheriffs Office Policies and Procedures that will affect the citizens of Gypsum. Assist other departments within the Town of Gypsum with possible Law Enforcement issues, i.e. Code Enforcement, Building Department. Keep other Gypsum assigned Deputies and Sergeants advised of special events within the Town of Gypsum, such as bike races, Friday night movies, Gypsum clean up. Assist with scheduling Law Enforcement staffing for this events if needed. Keep Sergeants advised of possible scheduling changes regarding Gypsum assigned Deputies. Provide information to the Gypsum Town Manager regarding fleet and equipment issues. Performs other duties as assigned. MATERIALS AND EQUIPMENT USED Automobile Radar Unit Intoxilyzer General Office Equipment Firearms and weapons Duty gear Other law enforcement equipment MINIMUM QUALIFICATIONS REQUIRED Education and Experience: High school diploma or equivalent and one year of college course work in an area related to law enforcement, sociology, psychology, criminal justice, or other related area. Any equivalent combination of education and experience which provides the required knowledge, skills, and abilities. Licenses and Certifications: Valid State Driver's License and satisfactory motor vehicle record. Colorado Peace Officer certification; if not, must obtain within one (1) year of employment. Successful completion of Liability, Defensive Tactics, Verbal Judo, NCIC /CCIC Certification, Weapons Qualification, First Aid, and CPR are required to obtain full status as a Deputy. Additional levels of certification may be required. KNOWLEDGE. SKILLS, AND ABILITIES Knowledge of: Arithmetic Proper English grammar, spelling, and sentence structure. Frequently used legal terminology. Basic interview techniques. Basic first aid principles. Also, the symptoms of common medical problems and illnesses (e.g., insulin reactions, heat stroke, etc.), and the possible liability issues involved. Enforcement theory and practice. All pertinent local, state, and federal laws and ordinances. NCIC Rules and Regulations, especially as they pertain to record dissemination. Basic crime prevention methods. Knowledge related to law enforcement may be learned in the first year of employment. Skills in: Proper and safe use of department- issued weapon. Operating an emergency vehicle and its equipment, including at high speeds and under adverse, stressful, dangerous conditions. Operating police radio and hand -held radio. Use of basic first aid equipment. Use of all other equipment as listed. Written and oral communication. Mental and Physical Abilities: Gather data, investigate crimes, and detect suspected criminal activity. Interpersonal skills necessary to be understood by and courteous of fellow employees, citizens and businesses, while performing law enforcement duties. Physical ability to run after /apprehend suspects and strength to sustain control over unruly suspects (occasionally required). Working Conditions: Frequent exposure to unknown hazardous situations, which may involve armed or physically violent persons, or interviewing mentally or emotionally disturbed persons. Frequent exposure to dirt, dust, outdoor temperatures, and traffic noise. This class specification should not be interpreted as all inclusive. It is intended to identify the essential functions and requirements of this job. Incumbents may be requested to perform job - related responsibilities and tasks other than those stated in this specification. Any essential function or requirement of this class will be evaluated as necessary should an incumbent/applicant be unable to perform the function or requirement due to a disability as defined by the Americans with Disabilities Act (ADA). Reasonable accommodation for the specific disability will be made for the incumbentlapplicant when possible.