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Home My WebLink About2009-28 IGA with Eagle County for the Provision of Law Enforcement Services with in Unicorporated Eagle County RESOLUTION NO. 28 Series of 2009 A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF VAIL AND EAGLE COUNTY FOR THE PROVISION OF LAW ENFORCEMENT SERVICES WITHIN UNINCORPORATED EAGLE COUNTY; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town of Vail (the "Town "), in the County of Eagle and State of Colorado is a home rule municipal corporation duly organized and existing under the laws of the State of Colorado and the Town Charter (the "Charter "); and WHEREAS, the members of the Town Council of the Town (the "Council ") have been duly elected and qualified; and WHEREAS, the Town's peace officers are authorized by the Town and the terms of C.R.S. §16- 3- 110(1)(a) ( "Municipal Officers ") to act when a felony or misdemeanor is committed in a Municipal Officer's presence regardless of whether the Municipal Officer is within the Town's boundaries or whether that Municipal Officer is on duty; and WHEREAS, the Town and Eagle County (the "County ") wish to enter into an Intergovernmental Agreement ( "IGA ") authorizing the Municipal Officers to perform law enforcement functions and enforce the State law's within portions of unincorporated Eagle County as necessary in the interest of public safety; and WHEREAS, the Council's approval of Resolution No. 28, Series 2009, is required to enter into an IGA. NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. The Council hereby approves and authorizes the Town Manager to enter into the IGA with the County for the provisions of law enforcement services within the unincorporated Eagle County, in substantially the same form as attached hereto as Exhibit A and in a form approved by the Town Attorney. 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 15 day of December, 2009. /7'. Z . J, 6., W , �=-- d—e ichard Cleveland Town Mayor OF orelei Oonaidson, S AL Gm Clerk o f •' O ORP Resolution No. 28, Series 2009 INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF VAIL AND EAGLE COUNTY FOR THE PROVISION OF LAW ENFORCEMENT SERVICES WITHIN UNINCORPORATED EAGLE COUNTY s THIS AGREEMENT is made and entered into this day of , 2010, by and between the Town of Vail Police Department and the Town of Vail (hereinafter jointly referred to as the "Town ") and the Eagle County Sheriffs Office and the County of Eagle (hereinafter jointly referred to as the "County "). Collectively these entities are also referred to as the "Parties." RECITALS WHEREAS, the Parties enter into this Agreement under the 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 is empowered to provide law enforcement functions within its incorporated boundaries; and WHEREAS, the Town's peace officers as defined by C.R.S. § 16 -3 -110 (1)(a) ( "Municipal Officers ") are authorized by the Town and the terms of C.R.S. § 16 -3 -110 to act when a felony or misdemeanor is committed in a Municipal Officer's presence regardless of whether that Municipal Officer is within the Town's boundaries or whether that Municipal Officer is on duty; 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 are adjacent to Town boundaries; and WHEREAS, the intermixing of municipal and county jurisdictions may cause potential confusion as to the actual jurisdiction of each entity's peace officers; and WHEREAS, the County and the Town desire that the Municipal Officers perform law enforcement functions and enforce the state's statutes within those portions of unincorporated Eagle County as necessary in the interest of public safety; and WHEREAS, the County and the Town also desire that the Municipal Officers act when a Municipal Officer observes a felony, misdemeanor, crime, or other statutory offense being committed while that Municipal Officer is engaged in official police duties; and WHEREAS, the 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). 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. The Town, through its Police Department, will be authorized to provide general law enforcement services in that portion of unincorporated Eagle County to the extent and the manner hereinafter set forth. For purposes of this agreement, general law enforcement services shall consist of responding to, investigating, and enforcing violations of the Colorado Criminal f Code or other Colorado statute that the Eagle County Sheriff's Office is authorized to enforce in a manner consistent with the level of performance of peace officers throughout the State of Colorado. General law enforcement services may also consist of patrolling the area adjacent to the town to the extent determined necessary by the Town in its discretion. 2. The Town, through its Police Department, will be authorized to act and otherwise provide general law enforcement services in any situation in which a felony, misdemeanor, crime or other statutory offense has been or is being committed in such Municipal Officer's presence when such Municipal Officer is in unincorporated Eagle County due to official police duties. 3. The Town shall notify the Sheriff of all felony and other serious criminal incidents originating in the unincorporated areas of Eagle County and the Sheriff shall be given the option to retain primary jurisdiction in those incidents. Nothing in this Agreement shall be construed to limit or otherwise affect the law enforcement authority of the County or the Town. 4. As for Municipal Officers, management of the rendering of services, leadership and supervision, the standards of performance, the discipline of officers and other matters incident to the performance of law enforcement services and the review of personnel so employed, shall remain with the Town. 5. The Town shall provide to the County a quarterly report detailing law enforcement service activities provided under this Agreement. Said report shall detail number and type of criminal complaints, property loss, crime analysis data and recommendations as to beneficial . alteration of services, if any. 6. All citations written by a Municipal Officer for violations of any Colorado State Statute or law in unincorporated Eagle County shall command the alleged violator to appear before the Eagle County Court. The Town personnel shall be available to appear before the Eagle County Court as needed to prosecute each violation. 7. The Town shall furnish and supply all necessary labor, equipment, and all supplies necessary to maintain the service to be rendered herein. 8. The Town shall have full cooperation from the County, its officers, agents and employees so as to facilitate the performance of this Agreement. Each Party shall give prompt and due consideration to all requests from the other Party regarding delivery of general law enforcement services and shall work cooperatively to achieve the service 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. 9. The Parties enter into this Agreement as separate, independent governmental entities and officials and shall maintain such status throughout. Employees assigned under this Agreement 2 shall be considered and shall remain employees of their respective law enforcement agencies at all times and for all purposes under this Agreement. No employee of the Town shall be deemed an employee of the County, even if the Municipal Officer acts on the County's behalf under this Agreement. 10. The County shall not be called upon to pay or assume any liability for the direct payment of any salaries, wages or other compensation to any Town personnel performing services hereunder. Additionally, the County shall not be liable for compensation or indemnity to any Town personnel for injury or sickness arising out of his/her performance under this Agreement. 11. To the extent allowed by law, each Party agrees to indemnify, defend and hold harmless each other, their respective agents, officers, and employees of and from any and all loss, costs, damages, injuries, liabilities, claims, liens, demands, actions and causes of actions brought by a third party, whatsoever, arising out of or related to the respective Parties performance or nonperformance under this Agreement. Neither Party shall be deemed to assume any liability for intentional or negligent acts of the other Party. By agreeing to this provision, the parties do not waive or 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 activities conducted pursuant to this Agreement. 12. 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. 13. Unless sooner terminated as provided hereunder, this Agreement shall be effective from the date of its execution though December 31, 2010. Notwithstanding the foregoing provisions, either Party, with or without cause, may terminate this Agreement upon the giving of ten (10) days prior written notice of such termination to the other respective Party. It is the intent of the Parties that this Agreement shall be renewed for additional one (1) year periods following the end of the initial period, and unless one of the Parties gives notice to the other 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 or to re- negotiate the terms, this Agreement shall be automatically extended for additional periods of twelve (12) months. After the initial period, this Agreement shall run from January 1" to December 31" of each respective year. 14. 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, whether direct or contingent, shall only extend to payment of monies duly and lawfully appropriated by the governing body of either Party. Should any of the Parties fail to undertake the project because necessary funds have not been budgeted or duly appropriated, this Agreement may be terminated by either Party. 15. Any written notices required or permitted to be given hereunder shall be 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 F 3 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: Sheriff Joe Hoy P.O. Box 359 885 East Chambers Avenue Eagle, Colorado 81631 (970) 328 -8500 (telephone) (970) 328 -1448 (fax) With a copy to: Eagle County Attorney's Office P.O. Box 850 Eagle, Colorado 81631 (970) 328 -8685 (telephone) (970) 328 -8699 (fax) Town: Chief Dwight Henninger 75 S. Frontage Road Vail, Colorado 81657 (970) 479 -2210 (telephone) (970) 479 -2216 (fax) With a copy to: Town Attorney's Office 75 S. Frontage Road Vail, Colorado 81657 (970) 479 -2460 (telephone) (970) 479 -2157 (fax) 16. 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. 17. 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. 18. If any portion of this Agreement is held invalid or unenforceable for any reason by a court of competent jurisdiction as to either Party or as to both Parties, 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. 19. 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. 4 20. 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 21. 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 CHAIRMAN TO THE BOARD OF COUNTY COMMISSIONERS By: Sara Fisher, Chairperson ATTEST: BY: Clerk to the Board EAGLE COUNTY SHERIFF'S OFFICE BY AND THROUGH ITS SHERIFF By: Joe Hoy, Sheriff TOWN OF VAIL, STATE OF COLORADO BY AND THROUGH ITS TOWN MANAGER By: Stan Zemler, Town Manager ATTEST: BY: Clerk to the Town of Vail 5