No preview available
HomeMy WebLinkAboutC23-035 IGA_Town of Minturn_law enforcementwww.mountainlawfirm.com Glenwood Springs – Main Office 201 14th Street, Suite 200 P. O. Drawer 2030 Glenwood Springs, CO 81602 Aspen 0133 Prospector Rd. Suite 4102J Aspen, CO 81611 Montrose 1544 Oxbow Drive Suite 224 Montrose, CO 81402 Office: 970.945.2261 Fax: 970.945.7336 *Direct Mail to Glenwood Springs DATE: December 14, 2022 TO: Minturn Mayor and Council FROM: Karp Neu Hanlon, P.C. RE: Eagle County Sheriffs Office IGA The Eagle County Sheriff has submitted an Amended and Restated Intergovernmental Agreement (IGA) to renew the existing arrangement for law enforcement coverage of the Minturn area. This agreement is in substantially the same form as the previous versions, which were approved in 2018 and 2021, which is set to expire at the end of this month. The revised IGA increases the coverage levels due to increased visitation and marginal population increase. Concurrently, the cost of services is increasing due to that coverage, inflation, and based on the Sheriff’s Office’s salary survey. Below are the costs of this arrangement during the present term of the IGA, which by this amendment is being extended to 2026. 2019: $347,651 2020: $358,080 2021: $368,822 2022: $379,887 2023: $427,373 2024: $440,194 2025: $453,400 2026: $467,000 DocuSign Envelope ID: 5E8825BE-F746-4B5D-9668-0A87CD03CF0D TOWN OF MINTURN, COLORADO RESOLUTION NO. 42 – SERIES 2022 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF MINTURN, COLORADO, AUTHORIZING THE TOWN MANAGER TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT FOR COOPERATIVE LAW ENFORCEMENT SERVICES BY AND BETWEEN THE TOWN OF MINUTRN, COLORADO AND THE COUNTY OF EAGLE, COLORADO. WHEREAS, the Town of Minturn, in the County of Eagle and State of Colorado (the “Town”), is a home rule municipal corporation duly organized and existing under laws of the State of Colorado (the “State”) and the Town Charter (the “Charter”); and WHEREAS, the County of Eagle, in the State of Colorado (the “County”), is a body corporate and politic existing under the laws of the State; and WHEREAS, the Eagle County Sheriff’s Office (the “Sheriff”) provides law enforcement services throughout its jurisdiction; and WHEREAS, the Town does not currently provide law enforcement services; and WHEREAS, Section 29-1-201 et seq., C.R.S. authorizes intergovernmental agreements between counties and municipalities; and 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 August 1, 2014 (the “Original IGA”) whereby the Town contracted with the County for provision of law enforcement services; and WHEREAS, the Original IGA is set to expire at the end of 2022; and WHEREAS, the Town and County now desire to amend, modify and restate their agreement and to the terms and conditions associated with the performance of law enforcement services within the Town as provided by the County through the Sheriff; and WHEREAS, the Minturn Town Council finds and declares that it is in the best interest of the public health, safety, and welfare for the Town to enter into an agreement with the County to continue its provision of law enforcement services through the Sheriff within the Town. NOW, THEREFORE, IT IS RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF MINTURN AS FOLLOWS: 1. The foregoing recitals are incorporated herein as if set forth in full. DocuSign Envelope ID: 5E8825BE-F746-4B5D-9668-0A87CD03CF0D 2.The Amended and Restated Intergovernmental Agreement for Cooperative Law Enforcement Services (the “IGA”) by and between the Town of Minturn and the County of Eagle, depicted as Exhibit A, is hereby approved. 3.The Mayor is authorized to sign and execute the IGA on behalf of the Town of Minturn. INTRODUCED, READ, APPROVED, ADOPTED AND RESOLVED this 21ST day of DECEMBER, 2022. ___________________________________ EARLE BIDEZ, MAYOR ATTESTS: ___________________________________ JAY BRUNVAND, TOWN CLERK DocuSign Envelope ID: 5E8825BE-F746-4B5D-9668-0A87CD03CF0D THIRD AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT FOR COOPERATIVE LAW ENFORCEMENT SERVICES This THIRD AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT FOR COOPERATIVE LAW ENFORCEMENT SERVICES (the "Agreement"), made and entered effective the 1st day of January, 2023, 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 previously entered into and continue to be bound by, that certain Intergovernmental Agreement for Cooperative Law Enforcement Services dated as of August 1, 2014 (“Original Agreement”); Amended and Restated Intergovernmental Agreement for Cooperative Law Enforcement Services dated January 1, 2019 (“First Amendment”); and Second Amended and Restated Intergovernmental Agreement for Cooperative Law Enforcement Services dated January 1, 2021 (“Second Amendment”) whereby the Town contracted with the County for provision of law enforcement services; and WHEREAS, the Second Amendment expires by its terms on December 31, 2022; and WHEREAS, the Town and County now desire to amend, modify and restate their agreement and to the terms and conditions associated with the performance of law enforcement services within the Town as provided by the County through the Sheriff such that this Agreement shall replace the Original Agreement, First Amendment and Second Amendment in the entirety as of the effective date stated herein; 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 DocuSign Envelope ID: 5E8825BE-F746-4B5D-9668-0A87CD03CF0D A. The County shall provide the following law enforcement services within the corporate boundaries of the Town, (hereinafter “Services”). 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. 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. B. Except as otherwise specifically set forth herein, 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 January 1, 2023 through December 31, 2026, 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. If during the term of this Agreement, the Parties agree that growth in Town population or visitor traffic to the Town necessitate additional patrol service coverage exceeding the limits stated in this Section B(1), the Parties will cooperate and negotiate an amendment to this Agreement to address proper coverage in accordance with the standard set forth herein. 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. 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 DocuSign Envelope ID: 5E8825BE-F746-4B5D-9668-0A87CD03CF0D handle any non-hazardous animal calls under this Agreement. The County shall not act as a Code Enforcement Officer for the Town. 6. County deputies assigned to the Town will cooperate with state and federal officials with regards to enforcement of state and federal laws regarding immigration. 7.At the end of each single or multi-day shift, each deputy assigned to the Town will make reasonable efforts to send to the Town Manager a "Pass On" report, which briefly summarizes law enforcement contacts that occurred during that preceding shift. 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, including, but not limited to, body-worn cameras as required by C.R.S. § 24-31-902. 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 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, DocuSign Envelope ID: 5E8825BE-F746-4B5D-9668-0A87CD03CF0D 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 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 for claims under C.R.S. § 13-21-131 arising out of the County’s enforcement of the Town’s ordinance, 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 a claim including a claim under C.R.S. § 13-21-131, arising out of the County’s enforcement of the Town’s ordinance 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 DocuSign Envelope ID: 5E8825BE-F746-4B5D-9668-0A87CD03CF0D 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 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 released without the written authorization of the Sheriff. VII. Payments for Services Delivered A. The parties acknowledge that the cost of law enforcement services predictably increases over time due to increases in employee pay & benefits, increases in Dispatch Center fees, as well as increases in motor vehicle maintenance and replacement costs and others. The Town hereby agrees to pay the County the following amounts during the term of this Agreement: 2023: four hundred twenty seven thousand, three hundred seventy three dollars ($427,373) 2024: four hundred forty thousand, one hundred ninety four dollars ($440,194); 2025: four hundred fifty three thousand, four hundred dollars ($453,400); and 2026: four hundred sixty seven thousand dollars ($467,000). 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 the IGA shall be subject to the Town’s right to terminate for non-appropriation as set forth in Section XI of this Agreement. For services provided each year, 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 each year. 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 of large-scale flooding, wildland fire, riot, disease epidemic, acts of 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). DocuSign Envelope ID: 5E8825BE-F746-4B5D-9668-0A87CD03CF0D C. Vehicles used by deputies providing services under this Agreement will 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. 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 Town shall have input into the deputies assigned to the Minturn Community, understanding that the Sheriff is the final authority on such assignments. Any disciplinary action against deputies will be by the Sheriff or his representative. E. 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 DocuSign Envelope ID: 5E8825BE-F746-4B5D-9668-0A87CD03CF0D This Agreement shall be effective from January 1, 2023 through December 31, 2026. 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. DocuSign Envelope ID: 5E8825BE-F746-4B5D-9668-0A87CD03CF0D 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 reflected below, with the effective date as of January 1, 2023. ATTEST: _____________________ Clerk to the Board of County Commissioners COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS By: ______________________________ Kathy Chandler-Henry, Chair Date: __________________ TOWN OF MINTURN, STATE OF COLORADO, By and Through Its TOWN COUNCIL ATTEST: ______________________ By: _______________________________ Clerk to the Town Council Earle Bidez, Mayor Date: __________________ APPROVED: By: ________________________________ James Van Beek, Sheriff Date: __________________ 12/17/2022 DocuSign Envelope ID: 5E8825BE-F746-4B5D-9668-0A87CD03CF0D 1/31/2023 1/31/2023