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03-23-2010 IGA for Law Enforcement Servicesl To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Greg Daly, Interim Chief of Police Date: March 18th, 2010 Re: IGA for Law Enforcement Services within other Municipalities in Eagle County to include Vail, Minturn, Eagle and Basalt. Summary: The intergovernmental agreement will allow Avon police officers to have full authority within the municipalities of Vail, Minturn, Eagle and Basalt. Avon Police Department already has an IGA with the Eagle County Sheriff's Office for the unincorporated areas of Eagle County. 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. Justifiable traffic stops can be a great investigative tool in obtaining identification and other pertinent information in larger criminal investigations. Avon Police Department periodically combines law enforcement and investigative efforts with other jurisdictions while pursuing cross jurisdictional crimes like illegal drug possession and distribution. The combining of our resources offers the Avon Police Department with economies of scale, by taking a multi agency task force approach to these investigations. At times, it provides Avon with expanded human and investigative resources in these more complex criminal investigations. And in turn, we periodically provide our resources to combat particular criminals who commit their crimes across all of our jurisdictions. Also, Avon Police officers occasionally participate in grant approved county wide DUI or liquor law compliance task forces in other municipalities This IGA will provide Avon Police Officers the full legal authority to take enforcement actions in these municipalities similar to that authority granted via the current IGA in force with the Eagle County Sheriffs Office (limited to the unincorporated areas of the county). Discussion: The intermixing of municipal and county jurisdictions can 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 another municipality, it may be later required that the officer testify in that jurisdictions' municipal court or in county or district 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 municipalities of Vail, Minturn, Eagle and Basalt for the provision of law enforcement services those jurisdictions. Town Manager Comments: 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 Parry 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 parry. 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 Parry's performance or nonperformance under this Agreement. No Party shall be deemed to assume any liability for intentional or negligent acts of any other Parry. 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 St to December 3 1 St of each respective year. 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] SERVICES SIGNATURE PAGE 4 ATTEST: IG TOWN OF AVON, a Colorado Municipal corporation Larry Brooks, Town Manager Clerk to the Town of Avon MUTUAL AID AGREEMENT FOR THE PROVISION OF LAW ENFORCEMENT SERVICES THIS AGREEMENT F _QR MUTUAL AID, (hereinafter referred to as this "Agreement ") is made and entered into this a3 day of (`�a2C�, , 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 parry 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 Parry. 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 Parry 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 Parry 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 parry, whatsoever, arising out of or related to the respective Parry'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 St to December 3 1 st of each respective year. 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 MUTUAL AID AGREEMENT FOR THE PROVISION OF LAW ENFORCEMENT SERVICES SIGNATURE PAGE 4 0 ° c9 ee " lorado Municipal IMP • _ ATTES BY: < } a Aoh r-ke Town'? ff von 1 To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Greg Daly, Interim Chief of Police Date: March 18th, 2010 Re: IGA for Law Enforcement Services within other Municipalities in Eagle County to include Vail, Minturn, Eagle and Basalt. Summary: The intergovernmental agreement will allow Avon police officers to have full authority within the municipalities of Vail, Minturn, Eagle and Basalt. Avon Police Department already has an IGA with the Eagle County Sheriff's Office for the unincorporated areas of Eagle County. 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. Justifiable traffic stops can be a great investigative tool in obtaining identification and other pertinent information in larger criminal investigations. Avon Police Department periodically combines law enforcement and investigative efforts with other jurisdictions while pursuing cross jurisdictional crimes like illegal drug possession and distribution. The combining of our resources offers the Avon Police Department with economies of scale, by taking a multi agency task force approach to these investigations. At times, it provides Avon with expanded human and investigative resources in these more complex criminal investigations. And in turn, we periodically provide our resources to combat particular criminals who commit their crimes across all of our jurisdictions. Also, Avon Police officers occasionally participate in grant approved county wide DUI or liquor law compliance task forces in other municipalities This IGA will provide Avon Police Officers the full legal authority to take enforcement actions in these municipalities similar to that authority granted via the current IGA in force with the Eagle County Sheriffs Office (limited to the unincorporated areas of the county). Discussion: The intermixing of municipal and county jurisdictions can 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 another municipality, it may be later required that the officer testify in that jurisdictions' municipal court or in county or district 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 municipalities of Vail, Minturn, Eagle and Basalt for the provision of law enforcement services those jurisdictions. Town Manager Comments: