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HomeMy WebLinkAbout2024-56 A Resolution Approving an Intergovernmental Agreement for the Funding of the Eagle County Victim Services UnitRESOLUTION NO. 56 Series of 2024 A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT FOR THE FUNDING OF THE EAGLE COUNTY VICTIM SERVICES UNIT WHEREAS, the Colorado legislature enacted the Colorado Victims’ Rights Act set forth a C.R.S. § 24-4.1-302, et. seq.,(“VRA”) in recognition of the fact that the full and voluntary cooperation of victims and witnesses to crimes with state and local law enforcement agencies is imperative for the general effectiveness and well-being of the Colorado criminal justice system; WHEREAS, the VRA assures that all victims and witnesses to crimes are to be honored and protected by law enforcement agencies, prosecutors and judges in a manner no less vigorous than the protection afforded criminal defendants; WHEREAS, the VRA ensures victims of crimes are treated with respect, dignity and fairness, and that they are free from abuse, harassment or intimidation and outlines the responsibilities of all Colorado law enforcement agencies; WHEREAS, the Eagle County Victim Services Unit (“VSU”) is currently staffed with three (3) Eagle County employees who work as victim advocates providing high-quality response services for victims of crime or crises throughout Eagle County and, on behalf of the Towns, all of its municipalities to effectuate the goals and the responsibilities of law enforcement agencies under the VRA; WHEREAS, VSU advocates assist crime victims by explaining first responder roles, prepare victims for specific law enforcement procedures that may be necessary, address concerns and resolve communication issues that may arise when encountering a crisis situation; WHEREAS, VSU advocates also assist victims in completing applications for support, including emergency funding, protection orders, confidentiality programs, communications with third parties such as employers and landlords, and provided tailored information about available resources applicable to each victim’s unique situation; WHEREAS, the VSU provides these services to victims within the entirety of Eagle County, including the jurisdiction of the Eagle County Sheriff, who serves unincorporated Eagle County, and the Town of Gypsum and the Towns of Minturn and Redcliff, as well as the jurisdictions of Avon, Basalt, Eagle and Vail police departments; WHEREAS, while Eagle County received some grant funding to support the VSU for 2024, the cost to provide such services far exceed such grant funding such that for 2024, direct cost to Eagle County to fund the VSU was at least $246,168; WHEREAS, subject to a Town’s respective annual budgetary discretion, the Towns intend to contribute to Eagle County’s annual costs to fund the VSU, based on the allocations set forth in this Agreement; WHEREAS, County and the Towns have the authority to enter into this an agreement 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 18 of the Colorado Constitution; and WHEREAS, the Town Council wishes to enter into an intergovernmental agreement with the parties referenced above for the funding of the VSU, as set forth in Exhibit A, attached hereto and incorporated herein by this reference (the "IGA"). NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. The Town Council hereby approves the IGA in substantially the same form as attached hereto as Exhibit A, and in a form approved by the Town Attorney, and authorizes the Town Manager to execute the IGA on behalf of the Town. Section 2. This Resolution shall take effect immediately upon its passage. INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Vail held this 17th day of December 2024. _________________________ Travis Coggin, Mayor ATTEST: Stephanie Kauffman, Town Clerk INTERGOVERNMENTAL AGREEMENT FOR THE FUNDING OF THE EAGLE COUNTY VICTIM SERVICES UNIT THIS INTERGOVERNMENTAL AGREEMENT FOR THE FUNDING OF THE EAGLE COUNTY VICTIM SERVICES UNIT (the "Agreement"), effective the 1st day of January, 2025, between the Town of Avon, Colorado, a municipal corporation, by and through its Town Council ("Avon"); the Town of Basalt, a municipal corporation, by and through its Town Council (“Basalt”); the Town of Eagle, Colorado, a municipal corporation, by and through its Town Council (“Eagle”); the Town of Vail, a municipal corporation, by and through its Town Council (“Vail”); and the County of Eagle, Colorado, a body corporate and politic, by and through its Board of County Commissioners (the "County"). Avon, Basalt, Eagle, Vail and the County may be referred to individually as a “Town,” or collectively as the “Towns.” The Towns and the County may be collectively referred to as the “Parties.” The Eagle County Sheriff’s Office (the "Sheriff”) will administer this Agreement on behalf of the County, the Sheriff and each Town Police Departments. WITNESSETH: WHEREAS, the Colorado legislature enacted the Colorado Victims’ Rights Act set forth a C.R.S. § 24-4.1-302, et. seq.,(“VRA”) in recognition of the fact that the full and voluntary cooperation of victims and witnesses to crimes with state and local law enforcement agencies is imperative for the general effectiveness and well-being of the Colorado criminal justice system; and WHEREAS, the VRA assures that all victims and witnesses to crimes are to be honored and protected by law enforcement agencies, prosecutors and judges in a manner no less vigorous than the protection afforded criminal defendants; and WHEREAS, the VRA ensures victims of crimes are treated with respect, dignity and fairness, and that they are free from abuse, harassment or intimidation and outlines the responsibilities of all Colorado law enforcement agencies; WHEREAS, the Eagle County Victim Services Unit (“VSU”) is currently staffed with three (3) Eagle County employees who work as victim advocates providing high-quality response services for victims of crime or crises throughout Eagle County and, on behalf of the Towns, all of its municipalities to effectuate the goals and the responsibilities of law enforcement agencies under the VRA; and WHEREAS, VSU advocates assist crime victims by explaining first responder roles, prepare victims for specific law enforcement procedures that may be necessary, address concerns and resolve communication issues that may arise when encountering a crisis situation; and 2 WHEREAS, VSU advocates also assist victims in completing applications for support, including emergency funding, protection orders, confidentiality programs, communications with third parties such as employers and landlords, and provided tailored information about available resources applicable to each victim’s unique situation. WHEREAS the VSU provides these crisis response and support services 24 hours per day, 7 days per week, 365 days per year to the victims of any type of crime or critical incident, regardless of whether they are adults or children, and regardless of income level; and WHEREAS, the VSU provides these services to victims within the entirety of Eagle County, including the jurisdiction of the Eagle County Sheriff, who serves unincorporated Eagle County, and the Town of Gypsum and the Towns of Minturn and Redcliff, as well as the jurisdictions of Avon, Basalt, Eagle and Vail police departments; and WHEREAS, the VSU is a division of the Office of the Eagle County Sheriff and the County and Sheriff employ the VSU advocates; and WHEREAS,while Eagle County received some grant funding to support the VSU for 2024, the cost to provide such services far exceed such grant funding such that for 2024, direct cost to Eagle County to fund the VSU was at least $246,168; and WHEREAS, the Parties acknowledge that ongoing grant funding for VSU services has been insufficient to fund the necessary services but is uncertain to continue in future years; and WHEREAS, subject to a Town’s respective annual budgetary discretion, the Towns intend to contribute to Eagle County’s annual costs to fund the VSU, based on the allocations set forth in this Agreement; and WHEREAS, County and the Towns enter into this Agreement 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 18 of the Colorado Constitution. NOW, THEREFORE, it is agreed as follows: 1. Purpose of the Agreement This Agreement is made between the Parties to fund the Eagle County VSU and to effectuate the goals and purposes recited above. 2. Status of and Responsibility for Employees. a. The Towns and the County enter into this Agreement as separate, independent governmental entities and their respective officials and employees shall maintain such status 3 throughout. VSU employees assigned under this Agreement shall remain employees of the Sheriff at all times and for all purposes under this Agreement. No employee of any of the Parties shall be deemed an employee of another Party. 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 County employee performing services hereunder. 3. 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. § 24-10-101, et. seq. The provisions of C.R.S. § 29-5-108 shall not apply to the activities conducted pursuant to this Agreement. 4. Insurance. The Parties shall each provide its own public liability and property damage insurance coverage as it may deem necessary for any potential liability arising under this Agreement. 5. Term and Termination. a. Unless sooner terminated as provided hereunder, this Agreement shall be effective from January 1, 2025 through December 31, 2025. It is the intent of the Parties that this Agreement shall be renewed for up to five (5) additional one (1) year periods following the end of the initial period, and unless one of the Towns gives notice to the County at least ten (10) days prior to the end of the initial period, or 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 1st to December 31st of each respective year. b. Notwithstanding the foregoing provisions, any Party, with or without cause, may terminate their participation in Agreement upon the giving of thirty (30) days prior written notice of such termination to the other respective Parties. Termination by a Town shall have no effect on this Agreement for the remaining Parties. In the event any Party’s participation in this Agreement is terminated before the end of the then current term, that Party will be entitled to pro-rata reimbursement of funds paid for the current year. The terminating Town will thereafter be responsible for providing its own victims’ services and associated resources. 6. Funding. a. 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 consistent with Article X, § 20 of the Colorado Constitution. It is expressly understood that any financial obligations that may arise hereunder, whether direct or contingent, shall only extend to payment of monies duly and lawfully appropriated by the governing body of any Party. Should any of the Parties fail to undertake the project because necessary funds have not been budgeted 4 or duly appropriated, that Party may terminate participation in this Agreement by providing the County with written notice of termination as set forth herein. b. The Parties agree to contribute to the annual cost of the VSU, in the allocated amounts that were calculated or conservatively estimated based on a breakdown of the amount of calls and services provided to each agency in 2023 in comparison to the approximate 2023 cost to the County for those services. The Parties agree that payment will be made to the County for the purposes of funding the VSU on an annual basis, as follows: i. Avon will contribute $10,794. ii. Basalt will contribute $1,794. iii. Eagle will contribute $2,436. iv. Vail will contribute $10,290. c. The County reserves the right to adjust the yearly compensation amount by providing written notice to the Parties 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 each Town’s right to terminate for non-appropriation as set forth in Section 6(a) of this Agreement. Each Town will make payment without demand to Eagle County for the then current year no later than January 30 each year. 7. 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 Email: James.vanbeek@eaglecounty.us Avon: Town of Avon Chief of Police P.O. Box 975 Avon, Colorado 81620 (970) 748-4040 Email: gdaly@avon.org 5 Basalt: Town of Basalt Chief of Police 100 Elk Run Drive, Suite 115 Basalt, CO 81621 (970) 927-4316 Email: greg.knott@basaltpolice.com Eagle: Town of Eagle Chief of Police P.O. Box 609 Eagle, CO 81631 (970) 328-9659 Email: carrie.buhlman@eaglepolice.org Vail Town of Vail Police Chief 75 S. Frontage Road W. Vail, CO 81657 (970) 479-2218 Email: rkenney@vailgov.com 8. 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. 9. No Unintended Beneficiaries. The Parties agree that this Agreement creates no obligation or relationship between the Towns. 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 Towns and County any right, remedy or claim under or by reason hereof or by reason of any covenant or condition herein contained. 10. 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. 11. 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. 12. 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 6 13. 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. 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. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS By: ______________________________ Matt Scherr, Chair Attest: By: _________________________________ Regina O’Brien, Clerk to the Board EAGLE COUNTY SHERIFF By: ______________________________ Sheriff James Van Beek TOWN OF AVON, COLORADO BY AND THROUGH ITS TOWN MANAGER BY: ________________________________ Eric Heil 7 TOWN OF BASALT, COLORADO BY AND THROUGH ITS TOWN MANAGER BY: ________________________________ Ryan Mahoney TOWN OF EAGLE, COLORADO BY AND THROUGH ITS MAYOR BY: ________________________________ Scott Turnipseed Attest: ______________________ TOWN OF VAIL, COLORADO BY AND THROUGH ITS TOWN MANAGER BY: ________________________________ Russ Forrest