08-05-2008 INTERGOVERNMENTAL AGREEMENT WITH EAGLE COUNTY AGREEMENT TO ALLOW LAW ENFORCEMENT OFFICERS TO HAVE FULL AUTHORITY WITHIN THE UNINCORPORATED AREAS OF EAGLE COUNTY AND LOCATIONS THAT BORDER TOAf
INTERGOVERNMENTAL AGREEMENT BETWEEN
THE TOWN OF AVON AND EAGLE COUNTY FOR THE PROVISION OF LAW
ENFORCEMENT SERVICES WITHIN UNINCORPORATED EAGLE COUNTY
THIS AGREEMENT is made and entered into this 'S day of AO&S( , 2008, by and
between the Town of Avon Police Department and the Town of Avon (hereinafter jointly
referred to as the "Town") and the Eagle County Sheriff's 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;
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 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 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, County and 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
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 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. 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
1
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, 2008. 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 I" to December 31St 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
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 Brian Kozak
P.O. Box 975
Avon, Colorado 81620
(970) 748-4040 (telephone)
(970) 845-7098 (fax)
With a copy
to: Town Attorney's Office
P.O. Box 975
Avon, Colorado 81620
(970) 748-6400 (telephone)
(970) 748-8881 (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
r
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 --7e
ATTEST:
BY:
o"0-, EAGLE COUNTY SHERIFF'S OFFICE
BY AND THOUGH ITS SHERIFF
,OWN pF BY
•,'9G
..0~
r
4 4
By:
ATTEST:
L
BY: ~
(7rk to the T uncil
TOWN OF AVON, STATE OF COLORADO
BY D HROUGH I S MAYOR
Ronald C. Wolf, Mayor
5
• Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Brian N. Kozak, Chief of Police
Date: August 26, 2008
Re: IGA for Law Enforcement Services within Eagle C
Summary: The intergovernmental agreement will allow Avon police officers to have full authority
within the unincorporated areas of Eagle County and locations that border the Town of Avon.
Background: Colorado Revised Statue 16-3-110 permits a municipal police officer to act when a
felony or misdemeanor is committed in his or her presence regardless of the jurisdiction. However,
the statute does not specify the authority of the officer to act in regards to traffic violations, which
may then lead to felony or misdemeanor crimes. Therefore, officers are hesitant to take law
enforcement action in the unincorporated areas surrounding the Town of Avon. The agreement
allows for Avon officers to have full authority in the unincorporated areas surrounding the Town of
Avon.
Discussion: The intermixing of municipal and county jurisdictions may cause potential confusion as
to the actual jurisdiction of each entity's peace officer and citizens. The IGA permits our officers to
take action when a violation is observed, regardless of the actual jurisdiction.
• Financial Implications: The IGA does not have any immediate fiscal implications. However, if an
officer takes enforcement action in the county it may be later required that the officer testify in the
county court. The town would then have to pay for the officer's salary to do so. Though, the action
is in the interest of public safety, which is a benefit to our community.
Recommendation: Staff recommends adoption of the IGA.
Recommended Motion: I move to adopt the IGA between the Town of Avon and the Eagle County
for the provision of law enforcement services within unincorporated Eagle County.
Town Manager Comments:
C7
INTERGOVERNMENTAL AGREEMENT BETWEEN
THE TOWN OF AVON AND EAGLE COUNTY FOR THE PROVISION OF LAW •
ENFORCEMENT SERVICES WITHIN UNINCORPORATED EAGLE COUNTY
THIS AGREEMENT is made and entered into this C-~ day of kU(LUSI , 2008, by and
between the Town of Avon Police Department and the Town of Avon (hereinafter jointly
referred to as the "Town") and the Eagle County Sheriff's 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;
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 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 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, County and 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:
0
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
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 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. 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.
S. 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 perform rv
ing se ices
hereunder. Additionally, the County shall not be liable for compensation or indemnity t 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, 2008. 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 1St to December 31St 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 •
3
to the other Party given in accordance herewith. Notice will be deemed given on the date of
is 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 Brian Kozak
P.O. Box 975
Avon, Colorado 81620
(970) 748-4040 (telephone)
(970) 845-7098 (fax)
With a copy
• to: Town Attorney's Office
P.O. Box 975
Avon, Colorado 81620
(970) 748-6400 (telephone)
(970) 748-8881 (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
B
eter F. Runyon, Chairman
ATTEST: of Fnc~
BY:
Clerk to the B and C, •
. ` D~ LE COUNTY SHERIFF'S OFFICE
BY AND THROUGH ITS SHERIFF
By:
By:
ATTEST:
BY:
Clerk to the Town Council
lvwiv Vr Avuty, JIA E OF COLORADO
BY AND THROUGH ITS MAYOR
Ronald C. Wolf, Mayor
•
5
INTERGOVERNMENTAL AGREEMENT BETWEEN
THE TOWN OF AVON AND EAGLE COUNTY FOR THE PROVISION OF LAW
ENFORCEMENT SERVICES WITHIN UNINCORPORATED EAGLE COUNTY
THIS AGREEMENT is made and entered into this 'S day of U&SI , 2008, by and
between the Town of Avon Police Department and the Town of Avon (hereinafter jointly
referred to as the "Town") and the Eagle County Sheriff's 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;
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 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 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, County and 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:
0
I . 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
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 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. 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, 2008. 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 1St to December 31St 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
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 Brian Kozak
P.O. Box 975
Avon, Colorado 81620
(970) 748-4040 (telephone)
(970) 845-7098 (fax)
With a copy
to: Town Attorney's Office •
P.O. Box 975
Avon, Colorado 81620
(970) 748-6400 (telephone)
(970) 748-8881 (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 `
40
o~ Ea r F. Runyon,
ATTEST: ~g
* 4
BY:
Clerk to the bard
VQ Li'. D"u -.,EAGLE COUNTY SHERIFF'S OFFICE
BY AND THROUGH ITS SHERIFF
By:
TOWN OF AVON, STATE OF COLORADO
BY AND THROUGH ITS MAYOR
•
ATTEST:
BY:
Clerk to the Town Council
By:
Ronald C. Wolf, Mayor
5