03-23-2010 Mutual Aid Agreement for Provision of Law Enforcement Services4v.0"3
MUTUAL AID AGREEMENT FOR THE PROVISION OF LAW ENFORCEMENT
SERVICES
THIS AGREEMENT FQR MUTUAL AID, (hereinafter referred to as this "Agreement") is made
and entered into this 2 day of (`�IaQC�'`. , 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 (1Xa) ("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 Patty'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 I' to December 3 191 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.
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MUTUAL AID AGREEMENT FOR THE PROVISION OF LAW ENFORCEMENT
SERVICES
SIGNATURE PAGE 4
BY: J
to a Town of AVon
Colorado Mnnidpal
NIUTUAL AID AGREEMENT FOR THE PROVISION OF LAW ENFORCEMENT
SERVICES
JCtdthe ATown Sf Vail
SIGNATURE PAGE 4
TOWN OF VAIL, a Colorado Municipal
corpo p
By:
Stan Z er, Town Manager
MUTUAL AID AGREEMENT FOR THE PROVISION OF LAW ENFORCEMENT
SERVICES
SIGNATURE PAGE 4
LIN
ATTEST:
BY:
Cle to the Town of Eagle
TOWN OF EAGLE, a Colorado Municipal
own
Memo
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, Mintum, Eagle and Basalt Avon Police Department already has an
IGA with the Eagle County Sheriffs 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, Mintum, Eagle and Basalt for the provision of law enforcement services those jurisdictions.
Town Manager Comments:
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