03-22-2011 IGA SHERIFF'S DEPARTMENT SPECIAL OPERATIONS UNITMemo
To: Honorable Mayor and Town Council Initials
Thru: Larry Brooks, Town Manager
Legal Review: Eric Heil, Town Attorney
Approved by: Robert L. Ticer, Chief of Police
From: Robert L. Ticer, Chief of Police
Date: March 22, 2011
Re: IGA for Eagle County Special Operations Unit (SOU)
Summary:
The Avon Police Department is a law enforcement partnering agency in the Eagle County
Special Operations Unit (SOU). The Police Department partners with the Eagle County
Sheriffs Office, Vail Police Department, and Eagle Police Department to combine resources
for the make -up of this part-time tactical team. Prior to the Avon Police Department joining
this team nearly four -years ago, the team consisted of only members from the Sheriffs
Office and Vail Police Department.
Currently, the Avon Police Department contributes four employees to the team, which now
has over thirty part-time members. Avon Police contribution includes the Team
Commander -Lt. Daly, Special Operations Operator -Sgt. Jonathan Lovins, and Negotiators -
Detective Hassinger and Officer Lundblade.
Law Enforcement Agencies is Eagle County have limited personnel and maintaining singular
tactical teams is impractical. Combining and sharing resources as demonstrated by the
SOU Team, contributes positively to public safety, and is fiscally responsible The Eagle
County Special Operations Unit's mission is to service all parts of Eagle County when the
need for tactical response is called for.
Previous Council Action:
There has been no council action on this item. This is the first complete and ready to
approve IGA.
Background:
The SOU Team has been in existence since 1991. The mission of the unit is to provide
highly trained personnel to respond to serious incidents such as active shooters, barricaded
subjects, hostage rescue, and fugitive apprehension to name a few. The team was
previously a Sheriff's Operation Unit until the Vail Police Department joined in 2005. Avon
Police joined the team in 2007. The SOU Team is now a regional team and provides
services to all communities in Eagle County and occasionally to other communities when
mutual aid is requested.
Discussion:
Tactical Response is very relevant to today's law enforcement mission. Tactical Operators
and Negotiators receive training above and beyond that of the uniformed police officer,
deputy sheriff, or state trooper. This training is needed for team operations and response to
major incidents. The Eagle County SOU Team has been called upon in recent years for
fugitive details, hostage situations, dignitary protection, and active - shooter incidents.
Combining personnel from multiple law enforcement agencies to comprise a team of highly
trained operators and negotiators is operationally and fiscally sound.
Current involvement in this team by Avon Police has been on a mutual assistance basis.
This IGA formalizes this partnership and strengthens duties and responsibilities of the
partnering agencies. The Police Chiefs of Avon, Vail, Eagle, and The Eagle County Sheriff
earlier this year named Lt. Daly as the Team Commander for this SOU Team furthering our
commitment to public safety.
Financial Implications:
The two Avon Police Department Operators that participate on the SOU Team train with the
team twice a month. The two Negotiators trained four times per year. Other than
ammunition, and gas supplies, there are relatively few costs other than salary. Lt. Daly is an
exempt employee and Sgt. Lovins and Detective Hassinger are assigned to the Criminal
Investigations Bureau. Officer Lundblade is the only one of the four assigned to shift work
and his shifts are adjusted to minimize overtime costs to the department. The Police
Department budgets for these operations.
All four SOU Members are equipped for current operations, with no additional equipment
needed in the near future.
Participation in this SOU Team brings both operational support to the Town and reduces
fiscal impact. As an example, if a need for tactical support is needed to augment Avon
Police Operations, the Eagle County Team is summonsed and responds. This response
brings team members, regardless of the participating departments to the Town to suppress
the situation. There is no cost to bring in these members from other agencies. This multi -
agency model is imperative for response to dangerous situations in the town requiring a
SOU action.
Recommendation:
I recommend that the Town Council support the IGA for continuing Special Operations
partnership with the Eagle County Sheriffs Office, Vail Police Department, and Eagle Police
Department.
Alternatives:
The Police Department has served as a member of the Eagle County SOU Team for over
three years. This partnership has brought resources to the Town of Avon to suppress
dangerous situations requiring a tactical response. By not partnering in this Team, response
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to tactical situations would still occur, but not with members of the Avon Police Department.
This was the case prior to Avon Police participation on the SOU Team.
Proposed Motion:
"I move to approve the Inter Agency Agreement between the Town of Avon, Town of Vail,
Town of Eagle, and Eagle County on behalf of the Eagle County Sheriffs Office for the
continued operation of a Joint Special Operations Unit.
Town Manager Comments:
Attachments:
J
IGA between the Town of Avon, Town of Vail, Town of Eagle, and Eagle County on behalf of
the Eagle County Sheriff's Office for the continued operation of a Joint Special Operations
Unit.
• Page
6
AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF AVON,
TOWN OF VAIL, TOWN OF EAGLE, AND EAGLE COUNTY ON BEHALF OF THE
EAGLE COUNTY SHERIFF'S DEPARTMENT FOR THE CONTINUED OPERATION
OF A JOINT SPECIAL OPERATIONS UNIT
THIS AGREEMENT is made and entered into between the Town of Avon, Town of Vail, Town
of Eagle, and Eagle County on behalf of the Eagle County Sheriff's Department, hereinafter
referred to as the "Parties" and is effective April 12, 2011.
WITHNESSETH:
WHEREAS, intergovernmental agreements to provide functions or services, including
the sharing of cost of such services or functions by political subdivisions of the State of Colorado
are specifically authorized by §29 -1 -203 and §30 -11 -101, Colorado Revised Statutes, as
amended, and Article XIV, Section 18, of the Colorado Constitution; and,
WHEREAS, the Parties hereto are each authorized to lawfully provide, establish,
maintain and operate law enforcement and other emergency services; and,
WHEREAS, it is in the best interest of the Parties to maintain uniform equipment,
training, policies and procedures, and personnel standards, pertaining to each other's tactical and
negotiations team so that each may have the service of the other Parties to aid, and assist it in
exceptional instances when other than standard police procedures and weapons are required; and,
WHEREAS, the Parties desire to continue a multi agency Eagle County Sheriff's
Department Special Weapons, Tactics and Negotiations Team, hereinafter referred to as Eagle
County Special Operations Unit ( "SOU Team "); and,
WHEREAS, continuation of a joint SOU Team through this Intergovernmental
Agreement ( "Agreement') provides a public purpose and will promote the safety, security, and
general welfare of the inhabitants of Avon, other municipalities and Eagle County.
NOW THEREFORE, for and in consideration of the promises and covenants of the
Parties set forth herein, it is mutually agreed by and between each of the Parties as follows:
1. Article 5, Title 29, of the Colorado Revised Statues, as amended, is incorporated herein
by this reference. Article 5, Title 29, shall control in the event of a conflict between it
and this Agreement.
2. It is understood and agreed that this Agreement provides for the joint exercise by the
Parties of the function of service provided herein, but does not establish a separate legal
entity to do so, nor does this Agreement establish any employee of any Party as an agent
of any other Party for any purpose whatsoever. This Agreement shall provide only for
sharing in in -kind services and costs by the Parties toward the establishment of a common
mutual goal, said goal being the continued development of the SOU Team, to be utilized
2011 Intergovernmental Agreement for SOU
Page 1 of 6
in exceptional instances when other than standard police procedures and weapons are
required.
3. Each Party agrees, subject to the limitations herein set forth, to aid and assist the other, by
causing and permitting its law enforcement personnel and its equipment to be used in
responding to emergencies and exceptional instances which occur in the jurisdiction of
the other such as but not limited to: barricaded armed individuals: hostage situations;
execution of high risk warrant service; riotous crowd control; threat of potential sniper
activities; terrorist incidents; or other exceptional instances when other than standard
police procedures and weapons are needed, in the jurisdiction serviced by one Party
which are beyond the control of the police or sheriff's department of that Party. The need
for rush aid and assistance shall be determined by the Chiefs of Police and the Sheriff (or
their designees) requesting assistance, and upon such request the Parties agree that the
Party receiving such a request must respond as timely as possible. It is understood and
agreed that each Party shall maintain appropriate personnel and funding in support of
their Agreement. All Parties shall, however, be excused from making its equipment and
services available to the other in the event of the need of such equipment or personnel in
its jurisdiction. A Party's decision as to the availability or equipment or services shall be
conclusive.
4. It is understood and agreed that each Party specifically authorizes the Chief of Police and
the Sheriff of its law enforcement agency to establish, maintain and implement, mutually
agreed upon policies and procedures governing uniform equipment, training and
personnel standards required to operationalize this Agreement, subject to the following:
a) It is understood and agreed that such mutually agreed upon policies and procedures
shall require that each Party shall maintain a level of personnel and equipment
necessary to safely and effectively deploy the SOU Team during exceptional
instances when other than standard police procedures and weapons are required to
meet its obligations under this Agreement.
b) Officers assigned or appointed to the tactical team portion of the SOU Team shall
successfully pass and maintain mutually agreed upon performance standards such as
firearm qualifications and physical fitness standards. Officers assigned or appointed
to the negotiating team portion of the SOU Team shall be required to complete
physical fitness standards as well as maintain the performance standards for firearm
qualifications set by the Parties respective law enforcement agency.
c) An officer who has passed the performance standards is not eligible for appointment
to the SOU Team unless the Chiefs of Police and the Sheriff agree to such
assignment. Any officer assigned to the SOU Team may be removed from the SOU
Team at any time, with or without cause, at the request of their respective Chief of
Police or Sheriff.
2011 Intergovernmental Agreement for SOU
Page 2 of 6
d) Officers assigned to the SOU Team shall be subject to the supervision of the
supervisor and command personnel assigned to the SOU Team regardless of which
Parties assigned the supervisor or officer to the SOU Team.
e) The Chief Executives (or their designees) from the participating agencies shall
establish uniform policies, rules, procedures, and promulgate such, establish an
annual operating budget for each participating agency to provide funds for equipment,
weapons, ammunitions, uniforms, and training and personnel costs and oversee
operational and administrative matters of concern to the SOU Team. The Chief
Executives shall give operational authority for implementation of policies, rules, and
procedures to the SOU Team command officers, to include team commander and
team leaders. The operating budget shall be the responsibility of the individual
participating agencies with collective responsibility for agreed upon liabilities and
expenditures.
f) It is understood and agreed that should significant disciplinary action be required as
direct result of an officer's involvement or participation in the SOU Team,
disciplinary action shall be the responsibility of their respective Chief of Police or
Sheriff and not the SOU Team command officers. The SOU Team command officers
may coach and counsel a team member on minor team related violations. SOU Team
command officers may recommend more significant discipline or request the removal
of the officer from the SOU Team. The officer's continued involvement in the joint
SOU Team, however, shall be subject to the unanimous approval of the Chiefs of
Police and the Sheriff.
g) It is understood and agreed that should an exceptional instance arise requiring the
response of the joint SOU Team, the requesting Party shall be in command of the
incident. Tactical operations involving the SOU Team shall remain the responsibility
of supervisory and command personnel assigned to the SOU Team and shall follow
the SOU Team chain of command.
h) The Chief Executives shall meet on a quarterly annual basis with the SOU Team
Commander to review current operations.
5. Each Party shall, at all times, be responsible for its own costs incurred in the performance
of this Agreement.
6. Any claims against any Party, their Boards, Councils, employees or agents, incurred as a
result of any act or omission by that Party or its employees and agents pursuant to the
terms of this Agreement, and the provisions of §29 -5 -103, §29 -5 -104 and §29 -5 -108,
Colorado Revised Statutes, shall follow the provisions of the Colorado Governmental
Immunity Act, Article 10, Title 24, Colorado Revised Statutes.
2011 Intergovernmental Agreement for SOU
Page 3 of 6
7. Each Party agrees not to allow any other Sheriff's Department or Municipal Police
Department to join in this Agreement except with approval of the agency Chief
Executives.
8. Each Party shall provide the other Parties written evidence of general liability and police
professional liability coverage for an amount not less than the amount of the Colorado
Governmental Immunity Act, Article 10, Title 24, Colorado Revised Statutes, for
protection from claims for bodily injury, death, property damage or personal injury which
may arise through the execution of this Agreement. Receipt of such evidence shall be
acknowledged by each Party prior to the commencement of this Agreement.
9. It is understood and agreed by the Parties hereto that if any part, term or provision of this
Agreement is held by a court of competent jurisdiction to be illegal or in conflict with any
law of the State of Colorado, the validity of the remaining portions or provision shall not
be affected, and the rights and obligations of the Parties shall be, construed and enforced
as if the Agreement did not contain the particular part, term or provision held to be
invalid
10. Each and every term, provision or condition herein is subject to and shall be construed in
accordance with the provisions of Colorado law, the Charters of all Parties, and the
ordinances and regulations enacted pursuant thereto.
11. This Agreement shall be binding upon the successors and assigns of each of the Parties
hereto, except that no Party may assign any of its rights or obligations hereunder, without
the prior written consent of the other Parties.
12. It is expressly understood and agreed that enforcement of the terms and conditions of this
Agreement, and all rights of action relating to such enforcement, shall be strictly reserved
to the named Parties hereto, and nothing contained in this Agreement shall give or allow
any such claim or right of action by any third person. It is the expressed intention of the
named Parties that any person other than the named Parties receiving services or benefits
under this Agreement shall be deemed to be an incidental beneficiary only.
13. The Parties enter into this Agreement as separate, independent governmental entities and
shall maintain such status throughout.
14. This Agreement embodies the entire agreement of the parties. The Parties shall not be
bound by or liable for any statement, representation, promise, inducement or
understanding of any kind or nature not set forth herein. No changes, amendments or
modifications of any kind or nature not set forth herein. No changes, amendments or
modifications of any kind of any of the terms or conditions of this Agreement shall be
valid unless reduced to writing and singed by all Parties.
2011 Intergovernmental Agreement for SOU
Page 4of6
15. Any Party hereto may terminate this Agreement with or without cause upon thirty (30)
days prior written notice to the other Party. This Agreement shall remain in force and
effect until terminated by one of the Parties.
16. Obligations of each Party, respectively, after the current fiscal year are contingent upon
funds for the purpose set forth in this Agreement being appropriated, budgeted and
otherwise made available.
17. This Agreement shall be executed by all Parties with separate signature pages.
[signature page follows]
2011 Intergovernmental Agreement for SOU
Page 5 of 6
IN WITNESS WHEREOF, the Town of Avon has executed this Agreement on this
l akt day of a �Qc.� , 2011.
p N pFgGo
TOWN
401.0w_
AVON
Rich Carroll, Mayor
IN WITNESS WHEREOF, the Town of Vail has executed this Agreement on this
day of , 2011.
TOWN OF VAIL
am
Richard Cleveland, Mayor
IN WITNESS WHEREOF, the Town of Eagle has executed this Agreement on this
day of , 2011.
TOWN OF EAGLE
I:
Edward Woodland, Mayor
IN WITNESS WHEREOF, Eagle County has executed this Agreement on this
day of , 2011.
EAGLE COUNTY
LIZ
Joe Hoy, Sheriff
2011 Intergovernmental Agreement for SOU
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