HomeMy WebLinkAbout2011-08 IGA with Avon, Eagle, and Eagle County for the Continued Operation of Joint Special Operations Unit RESOLUTION NO. 8
Series of 2011
A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT
BETWEEN THE TOWN OF VAIL, TOWN OF AVON, TOWN OF EAGLE AND EAGLE
COUNTY ON BEHALF OF THE EAGLE COUNTY SHERIFF'S DEPARTMENT FOR
THE CONTINUED OPERATION OF A JOINT SPECIAL OPERATIONS UNIT; 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"),
WHEREAS, the members of the Town Council of the Town (the "Council ") have been
duly elected and qualified;
WHEREAS, the Town, Town of Avon, Town of Eagle, and Eagle County (the "Parties ")
desire to continue a multi agency Eagle County Sheriffs Department Special Weapons, Tactics
and Negotiations Team;
WHEREAS, wish the Parties to enter into an Intergovernmental Agreement (the "IGA ")
outlining the terms and conditions which the Parties will continue the operation of a joint special
operations unit;
WHEREAS, the Council's approval of Resolution No. 8, Series 2011, is required to enter
into an ]GA.
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 Parties to continue the operation of a joint special operations unit, 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 3` day of May, 2011.
Richard Cleve and
Town Mayor
ATTEST:
Lgrelei Donaldson, '•�
Town Clerk •
SEAL
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c OC ORP�
Resolution No. 8, Series 2011
AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF
AVON, TOWN OF VAIL, TOWN OF EAGLE, AND EAGLE COUNTY ON
BEHALF OF THE EAGLE COUNTY SHERIFF'S DEPARTMENT FOR THE
CONTINUED OPEIC4TION OF A JOINT SPECIAL OPERATIONS UNIT
IBIS AGREEMENT is made and entered into between the Town of Ayon, Town of Vail,
Toti"n of Faille. and Faille County on behalf of the Eagle County Sheriff's Department,
hereinafter referred to as the Part ies and is efl"ective April , 201 1 .
WITIENESSETH:
W1IERFAS, intergovernmental agreements to provide functions or services,
including the sharing of cost o1 "such services or functions by political subdi%isions of the
State of Colorado are specifically authorized by §29 -1 -203 and §30 -1 1 -101, Colorado
Rcyised Statutes, as amended, and Article XIV, Section 18, of the Colorado Constitution;
and,
W1IF:RFAS, the Parties hereto are each authorized to lawfully provide, establish,
maintain and operate law enforcement and other emergency services; and.
WEIEREAS. it is in the best interest of the Parties to maintain uniform equipment.
training. policies and procedures, and personnel standards, pertaining to each other's
tactical and negotiations team so that each may have the service of the other Parties to
aid, and assist it in exceptional instances when other than standard police procedures and
weapons are required; and,
WI IFRFAS, the Parties desire to continue a multi agency Eagle County Sheriff's
Department Special Weapons, Tactics and Negotiations Team. hereinafter referred to as
Eagle County Special Operations Unit ("SOU Team "). and,
WI IFREAS. continuation of a joint SOU Teant through this Intergovernmental
Agreement ("AgreemenC) provides a public purpose and vyill promote the safety,
security, and general %kelfare of the inhabitants of Avon, other municipalities and Eagle
County.
NOW TI IF.REFORE, for and in consideration of the promises and covenants of
the Parties set forth herein, it is mutually agreed by and betvveen each of the Parties as
follo%ks:
I . Article 5.1 itle 29, of the Colorado Revised Statues, as amended, is incorporated
herein by this reference. Article 5, "I'itle 29. shall control in the event of a conflict
bet'yeen it and this Agreement.
2. It is understood and agreed that this Agreement provides for the joint exercise by
the Parties of the function of service provided herein, but does not establish a
2011 Intergovernmental Agreement for SOU
Page I of 6
separate legal entity to do so, nor does this .Agreement establish any employee of
any Party as an agent of any other Party for any purpose -whatsoever. This
Agreement shall provide only for sharing in in -kind services and costs by the
Parties toward the establishment of a common mutual goal, said goal being the
continued dewclopment of the SOU Team, to be utilized in exceptional instances
when other than standard police procedures and weapons are required.
3. Each Party agrees, subject to the limitations herein set forth, to aid and assist the
other, by causing and permitting its la"w enforcement personnel and its equipment
to be used in responding to emergencies and exceptional instances which occur in
the jurisdiction of the other such as but not limited to: barricaded armed
individuals: hostage situations, execution of high risk ).warrant set ice; riotous
cronvd control: threat of potential sniper activities; terrorist incidents: or other
exceptional instances when other than standard police procedures and \capons
rue needed. in the jurisdiction scry iced by one Party -which are beyond the control
of the police or sheriffs department of that Party. The need for rush aid and
assistance shall be determined by the Chiefs of Police and the Sheriff (or their
designees) requesting assistance. and upon such request the Parties agree that the
Party receiving such a request must respond as timely as possible. It is understood
and agreed that each Party shall maintain appropriate personnel and funding in
support of their Agreement. All Parties shall, however, be excused from making
its equipment and services awailable to the other in the event of the need of such
equipment or personnel in its jurisdiction. A Party's decision as to the availability
or equipment or services shall he conclusive.
�. It is understood and agreed that each Party specifically authorizes the Chief of
Police and the Sheriff of its law cnlorccment agency to establish. maintain and
implement, mutually agreed upon policies and procedures governing uniform
equipment, training and persormcl standards required to operationalize this
Agreement. subject to the following:
a) It is understood and agreed that such mutually agreed upon policies and
procedures shall require that each Party shall maintain a level of personnel and
equipment necessary to satcly and effectively deploy the SOU 'I cam during
exceptional instances when other than standard police procedures and
\capons arc required to meet its obligations under this Agreement.
b) Officers assigned or appointed to the tactical team portion of the SOU Team
shall successfully pass and maintain mutually agreed upon performance
standards such as firearm qualifications and physical fitness standards.
Officers assigned or appointed to the negotiating team portion ofthe SOU
"team shall he required to complete physical fitness standards as %well as
maintain the performance standards for firearm qualifications set by the
Parties respective law enforcement agency.
2011 Intergovernmental Agreement for SOU
Page 2 of 6
c) An officer v ho has passed the performance standards is not eligible for
appointment to the Sot i I earn unless the Chiefs of Police and the Sheriff
agree to such assignment. Any officer assigned to the SOt: Team may be
removed from the SOt: Tcam at any time. with or xvithout cause, at the
request of their respective Chief of Police or Sheriff.
d) Officers assigned to the SOI,: Team shall be subject to the supervision of the
supervisor and conrnrand personnel assigned to the SOL ferun regardless of
which Parties assigned the supervisor or officer to the SOV Team.
c) fhe Chief I..xecutives (or their designees) from the participating agencies shall
establish uniform policies. rules, procedures, and promulgate such, establish
an annual operating budget for each participating agcw, to provide funds firr
equipment. weapons, ammunitions, uniforms, amd training and personnel costs
and oversee operational and administrative matters of concern to Elie SOU
Terns. The Chief Executives shall give operational authority for
implementation of policies, rules. and procedures to the SOU Terms command
officers, to include team commander and team leaders. The operating budget
shall be the responsibility of the individual participating agencies with
collective responsibility for agreed upon liabilities and expenditures.
1 i It is understood and agreed that should significant disciplinary action be
required as direct result of an officer's inyolyemcm or participation in the
SOC: Teats, disciplinary action shall be the responsibility of their respective
Chief of Police or Sheriff and not the SOU Team command officers. The SOI:
beam command officers may coach and counsel a team member on minor
tearn related violations. SOU ['earn command officers may recommend more
significant discipline or request the rcnxryal of the officer from the SOU
Team. The officer's continued involvement in the joint SOU Team, howC \'l'r,
shall be subject to the unanimous approval of the Chiefs of Police and the
Sheriff.
g) It is understood and agreed that should an exceptional instance arise requiring
the response of the joint SOU Team, the requesting Party shall he in command
of the incident. Tactical operations involving the SOt: Team shall remain the
responsibility of supervisory and command personnel assigned to the SOU'
Tcrun and shall follo\o the SOU' Team chain of command.
h) The Chief Executives shall meet on a quarterly annual basis with the SO["
Team Commander to revie\k current operations.
�. Each Party shall. at all times, be responsible for its own costs incurred in the
performance of this Agreement.
2011 Intergovernmental Agreement for SOU
Page 3 of 6
6. Any claims against any Party, their Boards. Councils, employees or agents,
incurred as a result of any act or ornission by that Piuly or its employees and
agents pursuant to the terms of this Agreement, and the provisions of §29-5-103.
§29-5-104 and 529-5-108, Colorado Revised Statutes, shall follow the provisions
of the Colorado Governmental Inimunitv Act, Article 10, Title 24, Colorado
Revised Statutes.
7. Each Party agrees not to allow any other Sheriff s Department or Municipal
Police Department to join in this Agreement except with approval of the agency
Chi cf Executives.
8. Each Party shall provide the other Parties written evidence of general liability and
police professional liability coverage for an amount not less than the amount of
the Colorado Governmental Immunity Act, Article 10, I 24, Colorado Revised
Statutes, for protection from claims for bodily injury, death, property damage or
personal injury Oich may arise through the execution of this Agreement. Receipt
of such evidence shall be acknowledged by each Party prior to the
commencement of this Agreement.
9. It is understood and agreed by the Parties hereto that if any part, term or provision
of this Agreement is held by a court of competent jurisdiction to be illegal or in
conflict with any law of the State of Colorado, the validity of the remaining
portions or provision shall not be affected, and the rights and obligations of the
Parties shall be, construed arid enforced as if the Agreement did not contain the
particular part, term or provision held to be invalid
10. Each and every term, Provision or condition herein is subject to and shall be
construed in accordance with the provisions of Colorado law. the Charters of all
Panics, and the ordinances and regulations enacted pursuant thereto.
11. phis Agreement shall be binding upon the successors and assigns of each of the
Parties hereto. except that no Party may assign any v of its rights or obligations
hereunder, without the prior written consent of the other Parties,
12. It is expressly understood and agreed that enforcement of the 1cmis and conditions
of this Aureenient, and all rights of action relating to such enforcement, shall he
strictly reserved to the named Parties hereto, and nothing contained in this
Agreement shall give or allow am such claim or right of action by any third
person. It is the expressed intention of the named Parties that any person other
than the named Parties receiving services or benefits under this Agreement shall
he deemed to be an incidental beneficiary only.
13. 1 he Panics enter into this Agreement as separate, independent governmental
entities and shall maintain such status throughout.
201 1 IntcrgoN crimicnial Agreement for SOU
Page 4 of 6
1 4. I "his Agreement embodies the entire agreement of the parties. I he Parties shall
not be bound by or liable for any statement, representation, promise, inducement
or understanding of any kind or nature not set forth herein. No changes,
amendments or modifications of arty kind or nature: not set forth herein. No
changes, amendments or modifications of any kind of any of the tents or
conditions of this Agreement shall he valid unless reduced to writing and singed
by all Parties.
i. Any Party hereto may terminate this Agreement with or without cause upon thirh
(30) days prior written notice to the other Party. 'I his Agreement shall remain in
three and effect until terminated by one of the Parties.
16, Obligations of each Party. respectively, after the current fiscal year are contingent
upon funds for the purpose set forth in this Agreement being appropriated.
budgeted and otherwise made available.
17. "I his Agreement shall be executed by all Panics xv ith separate signature pages.
[signature page follows]
2011 Intergovernmental Agreement for SOt_I
Page � of 6
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|Nu/Dl`F5x\vi|LK[(`[ the l^^n'f'A,^u has executed this Agreement oo
this � uuy of' _ 1 o|i
TOWN OFAVON
8y_
Rich Carroll, N|u!o,
|N WITNESS ol{[REOF the Tvxn^f Vail has executed this Agreement voUbi�,
___uo\ of 2O||
l OWN 0|'YA}L
B,
Richard Cleveland. \luyv,
IN vvITNFxs\v\UFK[o|/, thcTovnnU;ug\c has executed this Agreement oo
this uu�o/ __.2011
T0NVN0P[xGiE
[d\-,ad Vfm`d|^xJ. }io%^r
IN WTI NESSW1lERFOF. Eagle rnumy has uccuud this Agreement oil this
d:/" __ __.2o||
[A( iL|.(.0i/NlT
By
Joe |k.r. Sheri IT
20|llmurgo`xnmeou| Agreement ho,you
Page 6^[6