Loading...
HomeMy WebLinkAbout2010-08 IGA for the Provision of Law Enforcement Services RESOLUTION NO. 8 Series of 2010 A RESOLUTION APPROVING AN INTERGOVERNMENTAL MUTUAL AID AGREEMENT FOR THE PROVISION OF LAW ENFORCEMENT SERVICES; 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, in 2009 the Town and Eagle County Sheriffs Office entered 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 Town and the surrounding municipalities in Eagle County (the "County Municipalities ") wish to enter into a similar IGA authorizing the Municipal Officers ( "Officers ") to aid and assist each other by exchange of services when an Officer observes a felony, misdemeanor, crime, or other statutory offense being committed while that Officer is engaged in official police duties. NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. The Council hereby approves the IGA and authorizes the Town Manager to enter into the IGA with the County Municipalities on behalf of the Town for the aid and assistance of law enforcement services 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 18"' day of May, 2010. Richard Cleveland Town Mayor TT f � 00000. c� L eIe onaldson, ow Clerk I O zo o . .**••• •••• NDO Resolution No. 8, Series 2010 MUTUAL AID AGREEMENT FOR THE PROVISION OF LAW ENFORCEMENT SERVICES THIS AGREEMENT FOR MUTUAL AID, (hereinafter referred to as this "Agreement ") is made and entered into this day of , 2010, by and between the Town of Avon, Town of Basalt, Town of Eagle, Town of Minturn, and Town of Vail upon their authorized execution of this Agreement (hereinafter referred to as "Parties" or singularly as "Party"), by and through their respective Town and City Councils. RECITALS WHEREAS, the Colorado General Assembly has authorized such intergovernmental mutual aid agreements by the provisions of C.R.S. §29 -1 -203 and §29 -5 -101 through §29 -5 -109; and WHEREAS, the Parties are empowered to provide law enforcement functions within its incorporated boundaries; and WHEREAS, the Parties peace officers are defined by C.R.S. § 16-3 -110 (1)(a) ( "Municipal Officers ") and are authorized by their Municipalities 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 their jurisdictional boundaries or whether that Municipal Officer is on duty; and WHEREAS, the Parties desire to aid and assist each other by the exchange of Municipal Officers services 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, it is recognized by the Parties to this Agreement that the public health, safety and welfare of the inhabitants of their respective jurisdictions would be best served by providing back -up response and protection services, should the need arise; and WHEREAS, each party will in good faith, make an attempt to assist the other based on their needs and specific request. 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 Parties, through their Police Departments, will be authorized to provide general law enforcement services in other jurisdictions 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 Code or other Colorado statute that the Municipal Officers are authorized to enforce in a manner consistent with the level of performance of peace officers throughout the State of Colorado. 2. The Parties, through their 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 other jurisdictional boundaries due to official police duties. 3. 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 Party. 4. All citations written by a Municipal Officer for violations of any Colorado State Statute or law shall command the alleged violator to appear before the jurisdiction of where the violation was committed. The Municipal Officer shall be available to appear before that jurisdiction's Municipal Court as needed to prosecute each violation. 5. The Parties shall furnish and supply all necessary labor, equipment, and all supplies necessary to maintain the service to be rendered herein. 6. 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. 7. The Parties enter into this Agreement as separate, independent governmental entities and officials and shall maintain such status throughout. Employees assigned under this Agreement shall be considered and shall remain employees of their respective law enforcement agencies at all times and for all purposes under this Agreement 8. 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 Party's performance or nonperformance under this Agreement. No Party shall be deemed to assume any liability for intentional or negligent acts of any 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. 9. 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. 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 s' of each respective year. 2 r a ti 11. 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 hereto. 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 any Party hereto. 12. 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 Parties. 13. 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 Parties within this Agreement, any right, remedy or claim under or by reason hereof or by reason of any covenant or condition herein contained. 14. If any portion of this Agreement is held invalid or unenforceable for any reason by a court of competent jurisdiction as to any Party hereto, 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. 15. 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. 16. 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 17. 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. [THE REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK] 3