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HomeMy WebLinkAboutC13-013 Town of Gypsum Intergovernmental Agreement r : AMENDED 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 1 day ofJanuary, 2013, 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 Sheriff's 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 ofJanuary 1, 2010 ( "Original Agreement "), whereby the Town contracted with the County for provision of law enforcement services; and WHEREAS, the Town and County entered into an Amended and Restated Intergovernmental Agreement for Cooperative Law Enforcement Services dated January 1, 2011 ( "First Amendment "); 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 the First Amendment; 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: I. 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. 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, 2013, through December 31, 2017, the County will provide 684 hours of patrol services per month within the corporate limits of Town. 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 ( "EVHS "), Gypsum Creek Middle School, Red Hill Elementary School, Gypsum Elementary School and Stone Creek Charter. 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 briefmg 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. 2 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 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. Sheriffs 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. C. It is agreed that deputies working in the Town limits of Gypsum and only when issuing traffic citations will cite such violations into Gypsum Municipal Court (as opposed to state tickets). 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 /or other Town owned facilities and equipment 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 3 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 -101, et seq., C.R.S. 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 15th 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. The Town may request an oral report at a regular scheduled Town Council meeting. 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. Payments for Services Delivered A. The Town hereby agrees to pay the County an amount not to exceed $675,000 in 2013, $750,000 in 2014, with 5% increases each year thereafter in 2015, 2016 and 2017 for the • services described herein. The Town will make equal payments quarterly to the Eagle County Sheriffs Office. Payments are due on the 15th of the month in March, June, September, and December. 4 II B. The Town may deduct from its final quarterly payment the sum of $47.06 times the number of hours patrol services shortage occurring cumulatively throughout the year. Extra hours worked in any month will be applied to any month where the number of hours worked does not total contract requirement. 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 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 Sheriff will appoint the Undersheriff as the liaison to the Town of Gypsum. 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. 5 XI. Term of Agreement This Agreement shall be effective upon the first day of January, 2013 through the thirty -first day of December, 2017. Notwithstanding the foregoing and any other provisions of this Agreement, the terms 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 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. Authority 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. 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 6 by its Chairman, attested by its 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 ATTEST: 1 eci;\ Clerk to the Board of woo County Commissioners - Chairman AO .t TOWN OF GYPSUM, STATE OF COLORADO, By and Through Its TOWN COUNCIL ATTEST: / _ /,.-� ,4P/ _4 -� By: 4r I/ Clerk to the Ts n Cou All Stephen M. Carver, Mayor p Of. GY p ' , ` ; . �� ., '. - F � 1' APPROVED: 1. "'7 By: /3 : : 4 6i : JoSheriff L •,...L1... Eagle County Sheriffs Office May 24, 2011 to June 26, 2011 Report From May 24, 2011 to Jure 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 Sheriffs Office. Good work to all my co- workers!! Report completed by: Master Deputy Heath Mosness Eagle County Sheriff's Office Gypsum Law Enforcement Coordinator ECSO Dispatched Calls By Event Type GYPSUM Date Rangr: 5/24/2011 10 6/26/2011 Event Type # of Uisplached Calls VEHA ABANDONED VEHICLE ALARM ALARM is AN' ANIMAL COMPLAINT 4 ASSISI' ASSIST 34 BURG BURGLARY 5 GLINCHEC CBI FIRE ARMS CHECK CIVIL CIVIL STANDBY / MATTERS 15 VAND CRIMINAL INJURY TO PROPERTY t0 DAM DAMAGE 5 DEATH DEATH DIST DISTURBANCE • 2 DOMESTI DOMESTIC' DISTURBANCE 6 FIGFTT FIGHT 2 FIRE FIRE 3 FIREWOR FIREWORKS • FOLD FOLLOW UP 43 END FOUND PROPERTY 2 HAR HARASSMENT 9 JUVI JUVENILE PROBLEM 5 LOST LOST PROPERTY 3 MED MEDICAL 10 MISS MISSING / OVERDUE PARTY 3 MVA MOTOR VEHICLE. ACCIDENT 12 NOISE NOISE COMPLAINT t i ODORS ODOR /SMELL LINK OPEN OPEN DOOR / WINDOWS i PARK PARKING PROBI.EM 6 PROW PROWLER 1 REDDI REDDI REPORT 7 REST() RESTRAINING ORDER VIOLA', ION 5 ROAD ROAD DEBRIS S UI SUICIDAL PAR'T'Y 2 SUSP SUSPICIOUS OC'C'URENCE 29 Thursday. June 30. 2011 l'rrgr 1 of • • Event Type # of Disptached Calls THEFT THEE' I t 1 TRAP TRAFFIC.' COMPLAINT 25 TRA TRAINING 1 TRES TRESPASSING; 3 91 1 UNKNOWN 91 1 CALI. 8 LINK UNKNOWN MEDICAJ. IJNK UNKNOWN NATURE 1 VIN VINCHECK Io WEL WELFARE C'lIECK 3 Total Dispatched: 325 Thursday, June 30, 2011 Purr 2 of 2 ECSO Initiated Calls By Event Type GYPSUM Mile Range: 5/24,2011 10 6/26/2011 Event Type # of Initiated CaIis VIiHA ' ABANDONED VEHICLE 1 ANI ANIMAI. COMPLAINT 1 AS1:1' ASSAULT 1 ASSIST ASSIST 14 :ATT. ATTEMPT TO I.( )('ATE 2 ATS ATTEMPT "TO SIRVE. 66 BURG BURGLARY 1 I3USC' BUSINESS CHECK 49 CIVIL CIVIL STANDBY / MAT1ERS 5 COPS ('OMM( ORIENTED POLICING 12 CON CONTACT s 'AND CRIMINAL INJURY TO PROPERTY 2 DOMESTIC DOMF:STI(' DISTT !RBA NCF 1 DRUGS DRUGS 1 I VII) EVIDENCE PROCESSING 1 FIGHT FIGI 1 FOL(J FOLLOW LIP 6? FOOT Mtn' !'ATROI. 38 1UVF 1(IVENILF PROBLEM 1 MVA MOTOR VEIIICI.I: ACCIDENT 1 OPEN OPEN DOOR / WINDOWS 3 PARK PARKING PROBLEM 13 PATROL. PATROL/RADAR 5 RELAY RELAY 4 RPTS REPORTS 20 • ROAD ROAD DEBRIS I RUN RI)N,\\VA 1 S(1SP SUSPICIOUS OCCEIRENCE 12 T'FIEF1' TFIEI'T 1 T TRAFFIC STOP 100 TRA TRAINING 2 VIN VIN C'HEC'K 1 WEI, WELFARE C'IIEC'K 1 Thurrd ,1', June 30, 2011 l'uKe 1 of 2 • Event Type , # of Initiated Calls Total Initialed: 433 • Thuivlas. Jun(.30, 201/ Page 2uf2