HomeMy WebLinkAbout2016-25 IGA with Unicorporated Eagle County, Town of Gypsum and Town of Minturn for Law Enforcement ServicesRESOLUTION NO. 25
Series 2016
A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT
CONCERNING AUTHORIZATION FOR LAW ENFORCEMENT SERVICES
WITHIN UNICORPORATED EAGLE COUNTY, THE TOWN OF GYPSUM AND
THE TOWN OF MINTURN; 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, Pursuant to C.R.S. §16-3-110(2) Town Peace Officers ("Town
Officers") shall have the authority to act when a felony or a misdemeanor is
committed in a Town Officer's presence regardless of whether that Town Officer
is within the Town's boundaries or whether that Town Officer is on duty, when
such Town Officer has been authorized by local jurisdiction to act so;
WHEREAS, the Eagle County Sherriffs Department ("Sherriff') has the
duty to preserve the peace within Eagle County, including the unincorporated
areas in Eagle County; which some unincorporated areas are adjacent to Town
boundaries;
WHEREAS, the Sherriff wishes to set forth the circumstances under which
the Towns' Officers may perform law enforcement functions and enforce state
statutes within unincorporated Eagle County, the corporate boundaries of the
Town of Gypsum and the corporate boundaries of the Town of Minturn;
WHEREAS, communication between the Sherriff and Town Officers within
their respective jurisdictions will best serve the community and ensure safety of
all law enforcement officers throughout Eagle County;
WHEREAS, the purpose of the Intergovernmental Agreement (the "IGA")
is to provide law enforcement services within unincorporated Eagle country; and
WHEREAS, the Council considers it in the interest of the public health,
safety and welfare to enter into this Intergovernmental Agreement.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF
THE TOWN OF VAIL, COLORADO, THAT:
Resolution No. 25, Series 2016
1. The Council hereby approves the IGA and authorizes the
Town Manager to enter into the IGA on behalf of the Town in substantially the
same form as attached hereto as Exhibit A and in a form approved by the
Town Attorney.
2. This Resolution shall be effective immediately upon
adoption.
INTRODUCED, READ, APPROVED AND ADOPTED this 2nd day of
August, 2016. _ _ AA
ave Cl%apin, TbM Mayor
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P.Atty)AtK�nny, Tovdi clerk
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SEAL
Resolution No. 25, Series 2016
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INTERGOVERNMENTAL AGREEMENT CONCERNING AUTHORIZATION FOR
LAW ENFORCEMENT SERVICES WITHIN UNINCORPORATED EAGLE COUNTY,
THE TOWN OF GYPSUM AND THE TOWN OF MINTURN
THIS INTERGOVERNMENTAL AGREEMENT ("IGA") is made and entered into
by and between the Town of Avon Police Department and the Town of Avon (hereinafter
referred to as "Avon"); the Town of Vail Police Department and the Town of Vail (hereinafter
referred to as "Vail"); the Town of Eagle Police Department and the Town of Eagle (hereinafter
referred to as "Eagle"); the Town of Basalt Police Department and the Town of Basalt
(hereinafter referred to as "Basalt"); and the Eagle County Sheriff's Office and the County of
Eagle, State of Colorado (hereinafter referred to as the "County"). Collectively, Avon, Vail,
Eagle and Basalt are referred to hereinafter as the "Towns" and each individually may be
referred to singularly as a "Town." The County and the Towns shall collectively be referred to
herein as the "Parties."
RECITALS
WHEREAS, pursuant to C.R.S. § 16-3-110(2), Town peace officers as defined by C.R.S.
§ 16-3-110 (1)(a) ("Town Officers") shall have the authority to act when a felony or
misdemeanor is committed in a Town Officer's presence regardless of whether that Town
Officer is within the Town's boundaries or whether that Town Officer is on duty, when such
Town Officer has been authorized by the local jurisdiction having jurisdiction to so act; 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 Town of Gypsum and the Town of Minturn have contracted with the
Eagle County Sheriff to provide all law enforcement services within their respective corporate
boundaries of each town; and
WHEREAS, to ensure the efficient and cooperative provision of law enforcement
services in his jurisdiction, which includes the Town of Gypsum and the Town of Minturn, the
Eagle County Sheriff wishes to set forth the circumstances under which the Towns' Officers may
perform law enforcement functions and enforce the state's statutes within unincorporated Eagle
County, the corporate boundaries of the Town of Gypsum and the corporate boundaries of the
Town of Minturn; and
WHEREAS, while the Parties acknowledge that the Sheriff has jurisdiction throughout
Eagle County, the Parties concur that open communication and cooperation between Sheriff
deputies and Town Officers within their respective jurisdictions will best serve the community
and ensure safety of all law enforcement officers throughout Eagle County; and
WHEREAS, County and the Towns enter into this Agreement under the specific
authority to contract for the provision of law enforcement services pursuant to C.R.S. §30-11-
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410 (2) and 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 in accordance with C.R.S. § 16-3-110(2); and
WHEREAS, the County and Towns intend this Agreement to supersede and replace any
and all previous Intergovernmental Agreement between the County and an individual Town for
provision of law enforcement services within unincorporated Eagle County.
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. Grant of Authority. The Towns, through their respective Police Departments, will be
hereby authorized, to the extent hereinafter set forth in this Agreement, to provide law
enforcement services outside the respective Town's municipal boundaries as follows:
a. Pursuant to C.R.S. § 16-3-106, in a situation in which a Town Officer is in fresh
pursuit of an alleged offender, having a warrant for his arrest or having knowledge that such
warrant has been issued, or, in the absence of an arrest warrant, when the offense was committed
in the officer's presence or the officer has reasonable grounds to believe that the alleged offender
has committed a criminal offense, and the alleged offender crosses the boundary line marking the
territorial limit of his authority;
b. When a Town Officer is in unincorporated Eagle County on official police duty and a
felony or misdemeanor has been or is being committed in such Town Officer's presence, or
where the Town Officer witnesses an act within unincorporated Eagle County that presents an
immediate risk to the public or to the Town Officer;
C. In unincorporated Eagle County, within the corporate limits of the Town of
Gypsum, or within the corporate limits of the Town of Minturn, where the Town's Officer is
acting in capacity to assist the Sheriff after providing proper notification to Dispatch, after which
the Sheriff or his deputies may discontinue the need for back-up at any time;
d. Where the boundary between the Town and any unincorporated -area of the
County is ambiguous, up to a quarter mile from the Town boundary, or in areas specifically
identified and authorized by the Sheriff, which authorization can be verbally revoked by the
Sheriff or his designee at any time. The Parties agree that this provision is intended to account
for inadvertent patrol or law enforcement activities within a reasonable distance outside of a
Town's boundaries. Town Officers that have questions about boundaries should seek
clarification through their superiors, the Computer Aided Dispatch Administrator, the Sheriff or
his designee. Notwithstanding the foregoing, the Sheriff specifically authorizes Town of Avon
Officers to provide law enforcement services within the half -mile stretch of 1-70 between Post
Boulevard and Avon Road in unincorporated Eagle County.
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e. In unincorporated Eagle County, as well as the corporate limits of the Town of
Gypsum and the Town of Minturn, if the Town Officer is working in a joint -operational capacity
with the Sheriff or under other specific agreement granting such authority;
f. In accordance with any specific agreement between the Sheriff and an individual
Town; or
g. In accordance with any specific request for mutual aid between the Sheriff and an
individual Town.
2. Jurisdiction. Other than related to a specific agreement for a joint -operation, any Town
Officer shall, immediately notify the Sheriff's Office whenever involved in an incident arising
out of a situation identified in Section 1 above within the unincorporated areas of Eagle County,
the corporate limits of the Town of Gypsum or the Town of Minturn. The Sheriff shall be given
the option to retain primary jurisdiction in any ineidentany incident arising out of a situation
identified in Section 1 (b) through (g) herein. If the Sheriff decides to retain primary jurisdiction
in such an instance, any person arrested shall be released to the custody of the Sheriff. Nothing
in this Agreement shall be construed to limit or otherwise affect the law enforcement authority of
the County or of any Town.
3. Responsibility for Personnel. As for Town Officers, management of the rendering of
services, leadership and supervision, the standards of performance, the discipline of officers and
all other matters incident to the performance of law enforcement services and the review of
personnel so employed, shall remain with the respective Towns employing such Town Officers.
4. Venue for Prosecution. Other than related to a specific agreement granting authority
otherwise, all citations written by a Town Officer in unincorporated Eagle County, within the
corporate limits of the Town of Gypsum or within the corporate limits of the Town of Minturn,
for violations of any Colorado State Statute or other law shall command the alleged violator to
appear before the appropriate court within Eagle County. Town Officers shall be available to
appear before the court, as needed to prosecute each violation.
5. Equipment. The Towns and County shall furnish and supply all necessary labor,
equipment, and all supplies necessary to maintain the services to be rendered herein by their
respective Officers.
6. Cooperation. Each Party shall give prompt and due consideration to requests directed to
them by another Party to this Agreement, or their designee, regarding delivery of law
enforcement services and the Towns and the County shall work cooperatively to achieve the
services 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.
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7. Status of and Responsibility for Emnlovees.
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
throughout. Employees assigned under this Agreement shall remain employees of their
respective law enforcement agencies at all times and for all purposes under this Agreement. No
employee of any Town shall be deemed an employee of the County, even if a Town Officer acts
on the County's behalf under this Agreement.
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 other Party's Officers performing services
hereunder. Additionally, no Party shall be liable for compensation or indemnity to any other
Party's Officers for injury or sickness arising out of his/her performance under this Agreement.
8. 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.
9. Insurance. 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.
10. Term and Termination. Unless sooner terminated as provided hereunder, this
Agreement shall be effective from January 1, 2016 through December 31, 2016.
Notwithstanding the foregoing provisions, any Party, with or without cause, may terminate their
participation in 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 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 1 S` to December 31 S` of each respective
year.
11. Fundine. 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 any Party. Should any of the Parties fail to undertake the
project because necessary funds have not been budgeted or duly appropriated, that Party may
terminate participation in this Agreement by providing the County with written notice of
termination as set forth herein.
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12. 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: Sheriff James Van Beek
P.O. Box 359
885 East Chambers Avenue
Eagle, Colorado 81631
(970) 328-8500 (telephone)
(970) 328-1448 (fax)
Avon: Chief Robert Ticer
P.O. Box 975
Avon, Colorado 81620
(970) 748-4040 (telephone)
(970) 845-7098 (fax)
Basalt: Chief Greg Knott
100 Elk Run Drive, Suite 115
Basalt, CO 81621
(970) 927-4316 (telephone)
(970) 927-4300 (fax)
Greg.knott@basaltpolice.com
Eagle: Chief Joe Staufer
P.O. Box 609
Eagle, CO 81631
(970) 328-9659 (telephone)
(970) 328-9659 (fax)
jstaufer@townofeagle.org
Vail Chief Dwight Henninger
75 S. Frontage Road W.
Vail, CO 81657
(970) 479-2218 (telephone)
Dhenninger@vailgov.com
14. 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.
15. No Unintended Beneficiaries. The Parties agree that this Agreement creates no
obligation or relationship between the Towns, but is intended to govern each Town's provision
of law enforcement services in unincorporated Eagle County, the Town of Gypsum and the
Town of Minturn only. 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.
16. 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.
17. 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.
18. 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
19. 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.
//Remainder of Page Intentionally Left Blank //
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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
Attest:
BY:
Teak J. Simonton, Clerk to the Board
ATTEST:
MM
Debbie Hoppe, Town Clerk
LN
Jeanne McQueeney, Chair
Date:
EAGLE COUNTY SHERIFF
Lim
Sheriff James Van Beek
Date:
TOWN OF AVON, COLORADO
BY AND THROUGH ITS MAYOR
mm
Jennie Fancher, Mayor
Date:
TOWN OF AVON POLICE DEPARTMENT
BY AND THROUGH ITS POLICE CHIEF
M.
Date:
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Robert L. Ticer, Chief of Police
ATTEST:
Jenny Rakow, Town Clerk
ATTEST:
Lot"
Patty McKenny, Town Clerk
TOWN OF EAGLE, COLORADO
BY AND THROUGH ITS MAYOR
Im
Yuri Kostick, Mayor
Date:
TOWN OF EAGLE POLICE DEPARTMENT
BY AND THROUGH ITS POLICE CHIEF
Joseph Staufer, Chief of Police
Date:
TOWN OF VAIL, COLORADO
BY AND THROUGH ITS MAYOR
:1
Dave Chapin, Mayor
Date:
TOWN OF VAIL POLICE DEPARTMENT
BY AND THROUGH ITS POLICE CHIEF
Date:
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Dwight Henninger, Chief of Police
ATTEST:
_s
Pam Schilling, Town Clerk
TOWN OF BASALT, COLORADO
BY AND THROUGH ITS MAYOR
Jacque Whitsitt, Mayor
Date:
TOWN OF BASALT POLICE DEPARTMENT
BY AND THROUGH ITS POLICE CHIEF
Date:
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Greg Knott, Chief of Police
TOWN OF
To: Town Council Memorandum
From: Public Works
Date: August 2, 2016
Subject: Holy Cross Energy Easement Booth Creek Park
I. SUMMARY
Holy Cross Energy (HCE) currently has infrastructure in the Manns Ranch Road Right -
of -Way fronting Booth Creek Park. An updated electrical service is required for the
redevelopment of Booth Creek Park. There is insufficient space within the Right -of Way
to locate the required electrical transformer. In order to provide HCE with the rights to
have buried powered lines within Booth Creek Park, the existing easement needs to be
updated. Attached is a copy of the new easement that should be granted to HCE to
allow for the buried power lines.
Staff Recommends approving this easement to HCE.