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HomeMy WebLinkAbout2022-56 Approving an IGA with the Town of Avon and Eagle County Sheriff's Office for the Purchase and Shared Use of a Robot with Critical Public Saftey Related CapabilitiesRESOLUTION NO. 56 Series of 2022 A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF VAIL, THE TOWN OF "ON, ("Avon") AND EAGLE COUNTY SHERIFF'S OFFICE ("ECSO") FOR THE PURCHASE AND SHARED USE OF A ROBOT WITH CRITICAL PUBLIC SAFETY RELATED CAPABILITIES WHEREAS, the Town wishes to enter into an agreement with Avon and the ECSO regarding the purchase and shared use of a robot with critical public safety -related capabilities, in the form attached hereto as Exhibit A, incorporated herein and made a part hereof by this reference (the "IGA"). NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. The Town Council hereby approves the IGA and authorizes the Town Manager to enter into the IGA in substantially the same form as attached hereto as Exhibit A and in a form approved by the Town Attorney. Section 2. This Resolution shall take effect immediately upon its passage. INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Vail held this 6th day of December, 2022. ATTEST: Stephanie Bibbens, Town Clerk t' 0M rIY OO .�. ORAVE�oNIP RpO id, Town Mayor INTERGOVERNMENTAL AGREEMENT THIS INTERGOVERNMENTAL AGREEMENT (the "Agreement") is made and entered into this day of 2022 (the "Effective Date"), by and among the TOWN OF VAIL, a Colorado home rule municipality ("Vail"); the TOWN OF AVON, a Colorado home rule municipality ("Avon"); and the EAGLE COUNTY SHERIFF'S OFFICE ("ECSO") (each a "Party" and collectively the "Parties"). WHEREAS, Vail and Avon are Colorado municipalities organized and operated pursuant to their respective home rule charters and Colorado law, each of which operates a police department; WHEREAS, ECSO is the law enforcement department of Eagle County; WHEREAS, pursuant to § 18(2)(a) and (b), Article XIV of the Colorado Constitution and C.R.S. §§ 29-1-203 and 32-1-1001, the Parties may enter into agreements with one another to provide intergovernmental services and facilities, when so authorized by their governing bodies; WHEREAS, the Parties now desire to purchase and share use of a robot with critical public safety -related capabilities (the "Robot"); WHEREAS, the Parties are willing to contract for one consolidated purchase of the Robot, on behalf of all the Parties, subject to reimbursement by each Party for its share of the Robot as set forth herein; and WHEREAS, each Party hereto has determined it to be in the best interests of its respective taxpayers, residents, property owners, and constituents to enter into this Agreement. NOW, THEREFORE, in consideration of the mutual performance of the covenants, agreements, and stipulations contained herein, the sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. C000eration. The Parties shall cooperate on the purchase, storage and use of the Robot, pursuant to Exhibit A, attached hereto and incorporated herein by this reference. 2. Pavment. Within 30 days of the Effective Date, each Party shall remit payment to Vail for its share of the cost of the Robot, as follows: Vail - $32,500 Avon - $32,250 (after a $250 down payment made separately) ECSO - $32,500 1113012022 IIPlLESERVER2019IREDIRECTED$lSB1BBENSIDESKTOPIPOLICE ROBOT 1GA-A111022.DOCX 3. Miscellaneous. a. Notices. All notices shall be transmitted in writing and shall be deemed to have been duly given when hand -delivered or sent by U.S. mail, postage prepaid, addressed as follows. Vail: ECSO: Dwight Henninger 885 Chambers Ave. Chief of Police Eagle, CO 81631 75 South Frontage Road Vail, CO 81657 Avon: 60 Buck Creek Rd. Avon, CO 81620 b. Severability. If any provision of this Agreement is determined to be void by a court of competent jurisdiction, such determination shall not affect any other provision hereof, and all of the other provisions shall remain in full force and effect. C. Intearation. This Agreement represents the entire agreement among the Parties hereto with respect to the subject matter hereof, and all prior or extrinsic agreements, understandings or negotiations shall be deemed merged herein. d. Waiver. No provision of this Agreement may be waived to any extent unless and except to the extent the waiver is specifically set forth in a written instrument executed by the Party to be bound thereby. e. Modification. This Agreement may only be modified by subsequent written agreement of the Parties. f. GoverninQ Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado, and venue for any legal action arising out of this Agreement shall be in Eagle County, Colorado. g. No Third--Partv Beneficiaries. No third party is intended to or shall be a beneficiary of this Agreement, nor shall any third party have any rights to enforce this Agreement in any respect. h. No Joint Venture or Partnership. No form of joint venture or partnership exists between the Parties and nothing contained in this Agreement shall be construed as making the Parties joint venturers or partners. In no event shall any Party or its employees or its representatives be considered or authorized to act as employees or agents of any other Party. 2 1113012022 iFILESERVER20191REDIRECTED$!SBIBBENS1DESKTOP4POLICE ROBOT 1GA-Al11022.DOCX i. Force Maieure. No Party shall be liable for a failure to perform as required by this Agreement to the extent such failure to perform is caused by a reason beyond the control of that Party or by reason of any of the following occurrences, whether or not caused by such Party: strikes, labor disturbances or labor disputes of any character, accidents, riots, civil disorders or commotions, war, acts of aggression, floods, earthquakes, acts of God, explosion or similar occurrences. j. Continaencv: No Debt. Pursuant to Article X, § 20 of the Colorado Constitution, any financial obligation of any Party under this Agreement is specifically contingent upon annual appropriation of funds sufficient to perform such obligation. This Agreement shall never constitute a debt or obligation of any Party within any statutory or constitutional provision. k. Governmental Immunity. Nothing herein shall be construed as a waiver of any protections or immunities any Party or its officials, representatives, attorneys or employees may have under the Colorado Governmental Immunity Act, C.R.S. § 24-10- 101, et seq., as amended. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date. ATTEST: Stephanie Bibbens, Town Clerk ATTEST: TOWN OF VAIL, COLORADO Kim Langmaid, Mayor EAGLE COUNTY SHERIFF'S OFFICE James Van Beek, Sheriff 3 1113012022 t FILESERVER20194RED1RECTED$'iSBI88ENS1DESKTOPIPOLICE ROBOT IGA A 111022. DOCX TOWN OF "ON Jennie Fancher, Mayor ATTEST: Miguel Jauregui, Town Clerk 1113012022 IIFILESERVER20191REDIRECTED$kSBIBBENSIDESKTOPIPOLICE ROBOT IGAAi11022.DOCX EXHIBIT A SCOPE OF SERVICES 1113012022 )iFILESERVER2019 R,EDIRECTEAStiSBIBBENSO SKTOPIPOLICE ROBOT IGA A111022.DOCX