Press Alt + R to read the document text or Alt + P to download or print.
This document contains no pages.
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.