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Home My WebLink AboutC18-122 Town of Eagle IGAINTERGOVERNMENTAL AGREEMENT CONCERNING AUTHORIZATION FOR LAW ENFORCEMENT SERVICES WITHIN PORTIONS OF UNINCORPORATED EAGLE COUNTY BEING USED FOR CONSTRUCTION OF THE EAGLE RIVER PARD THIS INTERGOVERNMENTAL AGREEMENT ("Agreement") is made and entered into on March 27, 2018, by and between the Town of Eagle, Colorado and the Town of Eagle Police Department (hereinafter referred to as "Eagle" or the "Town") and the Eagle County Sheriff's Office and the County of Eagle, State of Colorado (hereinafter collectively referred to as the "County"). The County and Eagle shall collectively be referred to herein as the "Parties." RECITALS WHEREAS, on december 7, 2017, the governing bodies for the County and the Town entered into an agreement (the "Use Agreement") whereby the Town will construct a whitewater park on land owned by Eagle County identified in the attached Exhibit A, attached hereto and incorporated herein by this reference (the "Premises"); and WHEREAS, construction of a whitewater park on the Premises is the first stage of the Eagle River Park project, with the second stage being construction of the upland park on the Premises; and WHEREAS, the Premises is located within Eagle County jurisdictional boundaries, but is contiguous with the Town's jurisdictional boundaries; and WHEREAS, it is the Sheriff's duty to preserve the peace within Eagle County, including the unincorporated areas of Eagle County, some of which unincorporated areas, like the Premises, are adjacent to or contiguous with Town boundaries; and WHEREAS, the Parties have determined it most efficient for the Town's Police Department to provide primary law enforcement services at the Premises during construction of the whitewater park, the upland park, and the parking lot. as well as during operation and maintenance of the Eagle River Park, except during the Eagle County Fair and Rodeo, at which the time the County will provide primary law enforcement services; and WHEREAS, pursuant to C.R.S. § 16-3-110(2), Town peace officers as defined by C.R.S. § 16-3-110 (1)(a) shall have the authority to act when a felony or misdemeanor is committed in a town officer's presence within unincorporated Eagle County when such Town officer has been authorized by the Sheriff to so act; and WHEREAS, the Parties wish to set forth the circumstances under which Town officers may perform law enforcement functions and enforce the state's statutes at the Premises; and WHEREAS, the Parties concur that open communication and cooperation between Sheriff deputies and Town officers will best serve the community and ensure safety of all law enforcement officers throughout Eagle County; and C18-122 WHEREAS, County and the Town enter into this Agreement under the specific authority to contract for the provision of law enforcement services pursuant to C.R.S. §30-11-410 (2) and under general authority of local governments of the State of Colorado to contract with one another for the provision of services pursuant to C.R.S. §29-1-201, et seq., Article XIV, Section IS of the Colorado Constitution; and in accordance with C.R S. § 16-3-110(2); and WHEREAS, the County and Town previously executed the Intergovernmental Agreement Concerning Authorization for Law Enforcement Services within Unincorporated Eagle County, The Town of Gypsum and The Town of Minturn (Eagle County Contract Number C16-423) (the "Multi jurisdictional IGA") and the Parties intend the terms of the Multi - jurisdictional IGA to remain in full force and effect; this Agreement is expressly not intended to alter those terms. NOW, THEREFORE, for and in consideration of the mutual covenants, conditions and promises contained herein, the adequacy of which are hereby acknowledged, the Parties agree as follows: 1. Grant of Authori Eagle, through its Police Department, will be hereby authorized, to the extent hereinafter set forth in this Agreement, to provide law enforcement services at the Premises, which authorization can be verbally revoked by the Sheriff or his designee at any time. 2. Jurisdiction. The Parties agree that during the term of this Agreement, subject to the provisions of Paragraph l hereof, the Town will assume primary jurisdiction for incidents arising on the Premises that do not result in felony charge under the Colorado Revised Statutes the Eagle County Sheriff shall retain primary jurisdiction for incidents resulting in felony charges. However, the County shall provide primary law enforcement services during the Eagle County Fair and Rodeo. Nothing in this Agreement shall be construed to limit or otherwise affect the law enforcement authority of the County or of the Town. 3. Responsibility for Personnel. As for Town Officers, management of the rendering of services, leadership and supervision, the standards of performance, the discipline of officers and all other matters incident to the performance of law enforcement services and the review of personnel so employed, shall remain with Eagle. 4. Venue for Prosecution. Other than related to a specific agreement granting authority otherwise, all citations written by a Town Officer at the Premises (or for incidents occurring at the Premises) for violations of any Colorado State Statute or other law shall command the alleged violator to appear before the appropriate court within Eagle County, Town Officers shall be available to appear before the court, as needed to prosecute each violation. 5. Eauiament. Eagle shall furnish and supply all necessary labor, equipment, and all supplies necessary to maintain the services to be rendered herein. PA 5. Cooperation. Each Party shall give prompt and due consideration to requests directed to them by another Party to this Agreement, or their designee, regarding delivery of law enforcement services and Eagle and the County shall work cooperatively to achieve the services called for herein. Such request may be transmitted in person, by phone, radio, electronic medium, or by a third party. Any reasonable transmittal shall be sufficient to invoke this Agreement. 7. Status of and Responsibility for Emalovees. a. Eagle and the County enter into this Agreement as separate, independent governmental entities and their respective Officials and employees shall maintain such status throughout. Employees assigned under this Agreement shall remain employees of their respective law enforcement agencies at all times and for all purposes under this Agreement. No employee of any Town shall be deemed an employee of the County, even if a Town Officer acts on the County's behalf under this Agreement. b. No Party shall be called upon to pay or assume any liability for the direct payment of any salaries, wages or other compensation to any other Party's Officers performing services hereunder. Additionally, no Party shall be liable for compensation or indemnity to any other Party's Officers for injury or sickness arising out of his/her performance under this Agreement. S. Governmental Immunity. The Parties to this Agreement do not intend to waive the limitations on liability which are provided to the Parties under the Colorado Governmental Immunity Act, C.R.S. § 24-10-141, et. seq. The provisions of C.R.S. § 29-5-108 shall not apply to the activities conducted pursuant to this Agreement. 9. Insurance. Each Party shall provide its own public liability and property damage insurance coverage as it may deem necessary for any potential liability arising from the services to be provided under this Agreement. 10. Term and Termination. Unless sooner terminated as provided hereunder, this Agreement shall be effective from the final date of execution by each of the Parties through December 31, 2018. Notwithstanding the foregoing provisions, any Party, with or without cause, may terminate their participation in Agreement upon the giving of ten (10) days prior written notice of such termination to the other respective Party. Unless one of the Parties gives notice at least ten (l 0) days prior to the then current additional period that such Party desires to terminate this Agreement, this Agreement shall be automatically extended for additional periods of twelve (12)months. After the initial period, this Agreement shall run from January I" to December 315L of each respective year. 11. Funding. The Parties agree that this Agreement is contingent upon all funds necessary for the performance of this Agreement being budgeted, appropriated and otherwise made available. It is expressly understood that any financial obligations that may arise hereunder, 3 whether direct or contingent, shall only extend to payment ofmonies duly and lawfully appropriated by the governing body of any Party. Should any of the Parties fail to undertake the project hecause necessary funds have not been budgeted or duly appropriated, that Party may terminate participation in this Agreement by providing the County with written notice of termination as set forth herein. I2. Notice_ Any notices or other communications required or permitted to be given hereunder shall be given in writing, delivered personally or sent by first class mail, postage prepaid, addressed to the Parties at the addresses set forth below or at such other address as either Party may hereafter designate by written notice to the other Party given in accordance herewith. Notice will be deemed given on the date of delivery or three business days after deposit in a U.S. Postal Service depository. County: Eagle County Sheriff P.O. Box 359 885 East Chambers Avenue Eagle, Colorado 81631 (970) 328-8500 (telephone) (970) 328-1448 (fax) Eagle: Town of Eagle Chief of Police P.O. Box 609 Eagle, CO 81631 (970) 328-9659 (telephone) (970) 328-9659 (fax) 13. No Assignment, This Agreement and the rights and obligations created hereby shall be binding upon and inure to the benefit of the Parties hereto and their respective successors and assigns, and may not be assigned by any Party without the prior written consent of the other Party. 14. No Unintended Beneficiaries. Nothing herein expressed or implied is intended or should be construed to confer or give to any person or corporation or governmental entity other than the Town and County any right, remedy or claim under or by reason hereof or by reason of any covenant or condition herein contained. 15. Severability. If any portion of this Agreement is held invalid or unenforceable for any reason by a court of competent jurisdiction as to any Party, such portion shall be deemed severable and its invalidity or its unenforceability shall not affect the remaining provisions; such remaining provisions shall be fully severable and this Agreement shall be construed and enforced as if such invalid provisions had never been inserted into this Agreement. 4 16. Modification or Amendment in Writing. This Agreement may be amended, modified, or changed in whole or in part only by written agreement duly authorized and executed by the Parties hereto. 17. Jurisdiction and Venue. The law of the State of Colorado shall be applied in the interpretation, execution and enforcement of this Agreement. Venue for any action arising out of any dispute pertaining to this Agreement shall be exclusive in Eagle County, Colorado 18, Entire Agreement This Agreement represents the full and complete understanding of the Parties, and supersedes any prior agreements, discussions, negotiations, representations or understandings of Parties with respect to the subject matter contained herein. !`Remainder of Page Intentionally Left Blank II 5 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed and be effective as of the day and year first above written. Attest: ...... Regina O'Brien, CIerk to the Board COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY CO"�*'!'T*3cEMNERS ^s .. �J B y: -- Kathy Chandler -Henry, Chair EAGL COUNTYeSHERIFF By Sheriff' James Van Beek TOWN OF EAGLE, COLORADO BY AND THROUGH ITS MAYOR DyMN SOP F•� BY: _ - �. Anne McKibbin, Mayor ATTEST: EAS BY: Jenny Rakow, T ADO TOWN OF EAGLE POLICE DEPARTMENT BY AND THROUGH ITS PPOLLICE CHIEF Joseph Staufer, Chief of Police 6 MA M o Ld X88Q Ao m AQ U di di N r --------------------_ --------------- ------------ ----- -- — -- _ = :: - _ - Ir I \ 01 - � ! � R ` �e,I`I!�`1 I�{41111 �' I-'- -� -��_ = �'� r- •_ - _- '2 hal 1 `pian{�l �. .__,�- � l II 1,1 ��'m \ � , `+� .:�,�� 11l Q�'s 1��'idl��-•` +1 rr_'�1`�i'\- - ,i �` ,1 fii l`VL I VVV'VI`i 1 -- ��- - - -• ,l 11 \ '..L ; 4ti li t� y ` l'1 1 `I 11yi1 �sR-; n1 t 1 l l \ ��'•11�'1 ` - - @ Uri E \ ` ' {,♦ '1L11,1L1{ice- - J n 111 111I$84L ZL - 0 ,`t 4l •�' '1 _—=_--art f —_� 1 C�- 0 1 H w N l Al:, m w lti