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HomeMy WebLinkAboutC21-094 Town of Gypsum - Law Enforcement IGASECOND 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 1st day of January, 2021, 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 an Intergovernmental Agreement for Cooperative Law Enforcement Services dated as of January 1, 2010 ("Original Agreement") the Amended and Restated Intergovernmental Agreement for Cooperative Law Enforcement Services dated January 1, 2011 ("First Amendment"), and the Amended and Restated Intergovernmental Agreement for Cooperative Law Enforcement Services dated as of January 1, 2018 ("Second Amendment"), 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 oflaw enforcement services within the Town as provided by the County through the Sheriff and, once this Agreement is effective, to replace entirely the Original Agreement, First Amendment and Second 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 services as described herein. II. Services to be Provided A. The County shall provide the following law enforcement services, hereinafter the "Law Enforcement Services", at the standard level of services provided within unincorporated areas of similar population density in Eagle County. The Law Enforcement Services shall include, but not be limited to, the following: {00777495.DOCX / ) DocuSign Envelope ID: 97E4C44A-3866-4E82-857E-FA68723EFC24 C21-094 1. The enforcement of Colorado state statntes 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, whenever applicable, for traffic violations; and 2. Patrol services in the corporate limits of the Town, including but not limited to, 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; and 3. Command services, investigation of criminal offenses (including the use of criminal investigators and forensic laboratory capabilities), narcotics investigations, court appearances (as set forth in Section III of this Agreement) and VIN checks; and 4. Administrative and records management services; and 5. School resource officer services, including the assignment of one Sheriffs Deputy 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 Deputy will be assigned to normal Town patrol duties when school is not in session; and B. The County will designate four (4) Sheriffs Deputies as "Gypsum Deputies" to carry out patrol and school resource services as set forth herein. The County will notify the Town as to the deputies assigned and accept feedback on such assignments from the Town. The Parties agree and acknowledge that the individuals so assigned may be changed from time to time, and that the Sheriff retains sole discretion in the selection and assignment of the Gypsum Deputies; and C. 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). D. The Sheriff will not be responsible for non-emergency animal calls. The Parties agree that the Town contracts with Eagle County separately for animal control services and animal services calls will be handled in accordance with that agreement. Notwithstanding the foregoing, the Sheriff will make reasonable efforts to respond to emergency animal calls, {00777495.DOCX I )2 DocuSign Envelope ID: 97E4C44A-3866-4E82-857E-FA68723EFC24 as requested by Eagle County Animal Services during business hours, or which, in the discretion of the deputy(ies) on duty, necessitate law enforcement involvement. E. Except as otherwise specifically set forth herein, the services shall be those duties and functions coming within the jurisdiction of the County pursuant to Colorado law. F. 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 Sheriff. III. Municipal and County Court A. Sheriff's deputies making arrests or issuing summons to violators for appearance in court shall assist Town staff, the Gypsum Court Clerk, and the Town prosecutor in the prosecution of such violations, and 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 Sheriff. 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. 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. Deputies working in the Town limits of Gypsum, and only when issuing citations for violations of the Gypsum Municipal Code, will be encouraged to cite such violations into Gypsum Municipal Court ( as opposed to state tickets). Violations not falling under the Gypsum Municipal Code will be cited as state tickets. IV. Personnel and Equipment and Facilities A. Except as expressly provided in Section IV (C) of this Agreement, the County shall furnish and supply all labor, supervision, equipment, communication facilities for dispatching, cost of jail detention, and all supplies necessary to perform the Law Enforcement Services, including, but not limited to, body-worn cameras as required by §24-31-902, C.R.S. B. The Town will continue to 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. C. The Town will supply police vehicles and all standard equipment found in Sheriffs Office Patrol Vehicles to the four (4) Deputies designated as "Gypsum Deputies". The Town will be responsible for fuel, maintenance and the replacement cost of those patrol {00777495.DOCX I )3 DocuSign Envelope ID: 97E4C44A-3866-4E82-857E-FA68723EFC24 vehicles and equipment. The Town will provide vehicle insurance on the Town owned vehicles. The Town Owned vehicles may be marked by the Town as "Town of Gypsum Police -Services Provided by Eagle County Sheriff's Office". V. Liability of the Parties and Insurance Requirements A. Nothing in this Agreement shall constitute a waiver of any of the rights, remedies or obligations of the Colorado Governmental Immunity 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. The Sheriff, retains sole discretion to determine whether the acts and actions of his deputies were lawful, in good faith and/or consistent with the policies, procedures and standards of his Office. No County employee shall have any entitlement to any compensation, workers' compensation coverage, pension, or civil service benefits from the 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 for any liability other than that specifically provided for in this Agreement. Except for claims under C.R.S. § 13-21-131 arising out of the County's enforcement of the Town's ordinances, or 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. C. The County and the Town shall each provide its own general liability and public officials' errors and omissions insurance coverage for claims arising from this Agreement. Further, the County and the Town, respectively as named insureds, shall include the other respective party, its officers, employees, and agents, as additional insureds under the named insured's insurance policies. The named insured's insurance shall be primary and non-contributory as respects any covered claim against an additional insured arising out of the premises or operations of the named insured. Except for acts or omissions that are willful and wanton, which constitute gross negligence by the County, its agents, officers, or employees, , or which the Sheriff determines was not conducted in good faith and reasonable belief that the action was lawful, the parties agree that any claim, including a claim under C.R.S. § 13-21-131, arising out of the County's {00777495.DOCX I )4 DocuSign Envelope ID: 97E4C44A-3866-4E82-857E-FA68723EFC24 enforcement of the Town's ordinances in accordance with the terms of this Agreement shall constitute an operation of the Town for purposes of the indemnification requirements under C.R.S. § 13-21-131 and the County's additional insured status under the Town's insurance. A certificate of insurance consistent with the foregoing requirement is attached hereto as Exhibit A. This provision shall survive expiration or termination of this Agreement. D. In the event that insurance coverage is not available for a claim under C.R.S. § 13-21- 131(4) for which the peace officer was determined not to have acted upon a good faith and reasonable belief that the action was lawful and the peace officer's portion of the judgment is uncollectable from the peace officer, the Town agrees to assume such liability up to the maximum statutory indemnification requirement of five percent of the judgment or settlement or twenty-five thousand dollars, whichever is less. 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. The report may also include suggestions and/or accommodation by the Eagle County Sheriffs 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. VII. Payments for Services Delivered A. The Town hereby agrees to pay the County a total of $1,005,070 in 2020: $1,055,325 in 2021; $1,108,000 in 2022; $1,134,000 in 2023; and $1,190,700 in 2024. Eagle County reserves the right to adjust the yearly compensation amount set forth herein by providing written notice to the Town no later than September 1 of the year prior to the effective date of the change. Any such price change to this IGA shall be subject to the Town's right to terminate for non-appropriation as set forth in Section XI of this Agreement. 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. B. The Parties agree that in the event of a catastrophic event within the Town boundaries requiring extraordinary law enforcement response and/or resources, including but not limited to an event oflarge-scale flooding, wildland fire, riot, disease epidemic, acts of {00777495.DOCX I )5 DocuSign Envelope ID: 97E4C44A-3866-4E82-857E-FA68723EFC24 terrorism, etc., the parties will work in good faith to negotiate a cost-sharing agreement to fairly apportion between the Parties the additional costs associated with response to said catastrophic event(s). 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 VII or 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 a member ofhis Command staff as the Sheriffs liaison to the Town of Gypsum. The Sheriff will also appoint a Sergeant to serve as an intermediate decision maker for routine operational issues specific to the Town of Gypsum and a deputy as an operations coordinator to assist with law-enforcement related administrative issues specific to the Town of Gypsum. C. 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. D. The Sheriff will review this Agreement annually to ensure that all elements of the Agreement are being met, and will meet with the Town Manager 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. {00777495.DOCX I )6 DocuSign Envelope ID: 97E4C44A-3866-4E82-857E-FA68723EFC24 XI. Term of Agreement This Agreement shall be effective upon the first day of January, 2021 through the thirty-first day of December, 2024. 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 in contravention of 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. XN. 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. II REMAINDER OF PAGE INTENTIONALLY LEFT BLANK II {00777495.DOCX/ )7 DocuSign Envelope ID: 97E4C44A-3866-4E82-857E-FA68723EFC24 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 Clerk, and approved by its Sheriff, all on the day and year first above written. ATTEST: Clerk to the Board of County Commissioners l:}•.t,. ~?0:~ ' ··• .... _ ', ..••. •·· COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS By: Matt Scherr, Chair TOWN OF GYPSUM, STATE OF COLORADO, By and Through Its TOWN COUNCIL phen M. Carver, Mayor APPROVED: By: James Van Beek, Sheriff {00777495.DOCX / }8 DocuSign Envelope ID: 97E4C44A-3866-4E82-857E-FA68723EFC24