HomeMy WebLinkAboutC14-291 Town of Minturn INTERGOVERNMENTAL AGREEMENT
FOR COOPERATIVE LAW ENFORCEMENT SERVICES
This INTERGOVERNMENTAL AGREEMENT FOR COOPERATIVE LAW
ENFORCEMENT SERVICES (the "Agreement"), is made and entered effective the 1st day of
August, 2014,between the Town of Minturn, 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 desire to enter into, and be bound by, an
Intergovernmental Agreement for Cooperative Law Enforcement Services dated as of August 1,
2014 whereby the Town contracts with the County for provision of law enforcement services;
and
WHEREAS, the Town and County now desire to enter into this agreement and 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.
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 (hereinafter"Services"). 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. 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.
A. Except as otherwise specifically set forth, the Services shall be the same level of
services which are provided for unincorporated areas of similar population density
in Eagle County. Said Services shall include,but not limited to, the following:
1. From August 1, 2014 through December 31, 2018,the County will provide
300 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.
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
(Minturn Farmer's Market,Fourth of July, etc.), investigation of traffic
accidents (excluding Hwy 24 which will be covered by the Colorado State
Patrol), 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 8 (Vehicles and Traffic) and Title 10 (General
Offenses) of the Town's Municipal Code. The County will not handle any
non-hazardous animal calls under this Agreement. The County shall not act
as a Code Enforcement Officer for the Town.
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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 Sheriff's 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.
C. It is agreed that deputies working in the town limits of Minturn, and only when
issuing traffic citations, will cite such violations into Minturn Municipal Court(as
opposed to state tickets). Deputies will maintain discretion on issuing municipal or
state citations for other offenses.
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 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
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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.
VI. Monthly Reports Provided to the Town
A. It is agreed that the Sheriff or designee shall provide a monthly written report 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 or when mandated to
be released through any court order or provision of the Colorado Open Records Act.
The report may also include suggestions and/or accommodation by the 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 Sheriff will provide to the Town, through the
Town Manager, a schedule of the days and times to be worked in the month. This
schedule maybe 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
released 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 $315,000, for
the Services per year. The amount paid for 2014 will be prorated for the months
Services are provided. (Note: The Town has already paid Vail Dispatch$30,805 for
calendar year 2014 dispatch services that is not included in this amount). Beginning
in calendar year 2015 and each year thereafter, an estimated $25,000 dispatch fee will
be added to the contract amount paid by the Town. Beginning in 2016 and each year
thereafter,the contract amount will increase by the lesser of five percent(5%) or the
Consumer Price Index for All Urban Consumers (CPI-U) for the Denver-Boulder
area. The Town will make equal payments quarterly to the Sheriff's office. Payments
are due on the 15th of the month in March, June, September, and December.
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B. The Town may deduct from its final monthly payment the sum of$50.00 for each
hour the Services were less than the amounts set forth in Section II (A)(1)
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 requirements.
C. County also agrees that all vehicles used by Minturn deputies are to be marked as
"Eagle County Sheriff's Office. The vehicles and equipment will remain the
property of Eagle County Government at all times.
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. 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. 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 Town to review
and discuss the performance of the Agreement.
X. Renewal and Modification of the Agreement
A. This Agreement may be renewed in writing signed by the parties. Renegotiation 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
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This Agreement shall be effective upon the first day of August, 2014 through the thirty-
first day of December, 2018.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.
IN WITNESS WHEREOF, the Town of Minturn, 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 Clerk, and approved by its Sheriff, all on the day and year first above
written.
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COUNTY OF EAGLE, STATE OF COLORADO,
by and through its BOARD OF CO b. Y
COMMISSIONS'
By:
. Ryan, Chairm
dt 004
Attest: y %�
By: fr., • *
Teak J. Simonton, Clerk to the Bo. " O
laiu'. e�cQv►'
TOWN OF MINTURN, STATE OF COLORADO
by and through its TOWN COUNCIL
By:
Gordo A., eye" Flaherty, or
Attest: o�04 ,.
B
t
y.
Cl'rk to the Town Counci Olt SEAT s
‘‘ x904
APPROVED: f /
By:
Joseph D oy, '.g e oun
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