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Home My WebLink About2023-10 A Resolution approving an Intergovernmental Agreement (IGA) between the Town of Vail , the Town of Eagle, the Town of Avon, and the Eagle County Sheriff's OfficeRESOLUTION NO.10 Series of 2023 A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT ("IGA") BETWEEN THETOWNOFVAIL,THE TOWN OF EAGLE, THE TOWN OF AVON AND THE EAGLE COUNTY SHERIFF'S OFFICE WHEREAS, the Town desires to enter into an IGA with the above-refenced entities to cooperatively participate in a High Visibility Impaired Driving Enforcement Grant Program promulgated by the Colorado Department of Transportation to detect and deter DUIs through a DUI deterrence campaign called The Heat is On, as more particularly set forth in Exhibit A, attached hereto and incorporated herein 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 in substantially the same form as attached hereto as Exhibit A, and in a form approved by the Town Attorney, and authorizes the Town Manager to execute the IGA on behalf of the Town. 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 7th day of March 2023. lit � � � Lalmaid, Mayor ATTEST: Steph �nie Bibbens, Town Clerk c, p�p0 RAT�� ►. INTERGOVERNMENTAL AGREEMENT THIS INTERGOVERNMENTAL AGREEMENT (the "IGA") is made and entered into this day of 2023 (the "Effective Date"), by and among the Town of Vail, a Colorado home rule municipality ("Vail'), the Town of Eagle, a Colorado home rule municipality ("Eagle"); the Town of Avon, a Colorado home rule municipality ("Avon"), and the Eagle County Sheriffs Office ("ECSO") (each a "Party" and collectively the "Parties"). WHEREAS, Vail, Eagle 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 Article XIV, § 18(2)(a) and (b), 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, alcohol and drug related car crashes are the leading cause of death for young Americans; WHEREAS, on average, intoxicated drivers cause a death every 40 minutes in the United States; WHEREAS, it is estimated that for each intoxicated driver arrested by the police for driving under the influence ("DUI"), the offender has driven impaired at least 80 times; WHEREAS, to decrease the number of intoxicated drivers on the roadways, the Parties formed the Gore Range DUI Taskforce (the "Taskforce"); WHEREAS, the Parties now desire to cooperatively participate in a High Visibility Impaired Driving Enforcement Grant Program (the "Grant Program") promulgated by the Colorado Department of Transportation ("CDOT") to detect and deter DU Is through a DUI deterrence campaign called The Heat is On (the "Campaign"); and WHEREAS, each Party has determined it to be in the best interests of its respective taxpayers, residents, property owners, and constituents to enter into this IGA. 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. Cooaeration. In furtherance of the Campaign, the Parties shall cooperate on their collective participation in the Grant Program, pursuant to Exhibit A, attached hereto and incorporated herein by this reference. 2/2&2023 C:ILlSERSIEASYPD-liAPPDATAILOCALITEMPIBCL TECNNOLOGIESIEASYPDF 8Q BCL@FCOB9EABQ BCL@ FCOB9EAB. DOCK 2. Pavment. Within 45 days of proof of completion of an overtime shift in furtherance of the Grant Program, Vail shall remit the required paperwork to CDOT and disburse the appropriate payment to the respective Party, pursuant to the Grant Program's requirements and the deadlines specified in the Grant Program Calendar, attached hereto and incorporated herein as Exhibit B. 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, Chief of Police 885 Chambers Avenue 75 South Frontage Road Eagle, CO 81631 Vail, CO 81657 Avon: 60 Buck Creek Road Avon, CO 81620 Eagle: 200 Broadway Street Eagle, CO 81631 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. Integration. 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. Goveming 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 -Party Benericiaries. 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 2 202&2023 C 1USERSIEASYPD-?14PPDA TAIL OCALITEMPOCL TECHNOLOGIESIEASYPDF 81@BCL@FC089EABg BCL@ FCOB9EAB. DOCX 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. i. Force Majeure. 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. Contingency, 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 2/2W023 C:IUSERSIEASYPD-lWPPOATAILOCALITEMPIeCL TECHNOLOGIESIEASYPDF BQBCL@FCOB9EAB%@BCL@FCOB9EAB.DOCX ATTEST: Jenny Rakow, Town Clerk ATTEST: Brenda Torres, Town Clerk TOWN OF EAGLE, COLORADO Scott Turnipseed, Mayor TOWN OF AVON Jennie Fancher, Mayor 4 212&2023 C:IUSERSIEASYPD-IVAPPDATAIL0CALITEMPIBCL TECFIN0L0GIESIEASYPDF 8%@ BCL@FCOB9EAB4BCL@ FCOB9EAB.D0CX EXHIBIT A Grant Proaram 1. Reauirements. a. The CDOT Highway Safety Office provides funding to Colorado law enforcement for impaired driving enforcement, education and awareness campaigns. The Campaign runs throughout the year, with 16 high -visibility impaired driving enforcement periods, centered on national holidays and large public events. Enforcement periods include: Sobriety checkpoints; ii. Saturation patrols; and iii. Additional law enforcement on duty dedicated to impaired driving enforcement. b. The Parties agree to the following Grant Program obligations and shall: i. Provide overtime to officers for enforcement of Colorado's impaired driving laws at checkpoints, saturation patrols, increased patrols, or as dedicated enforcement cars in at least 12 out of 16 enforcement periods; ii. Ensure all officers participating in the Grant Program are current of SFST certification according to Colorado standards; iii. Report their enforcement plans and activity to the CDOT Traffic Safety Portal before the deadlines specified on the calendar provided to the Parties by CDOT and made publicly available online, attached hereto and incorporated herein as Exhibit B; iv. Submit claims on CDOT's claim workbook forms with backup documentation within 45 days after the end of each enforcement period to the Law Enforcement Liaison via email; and V. Submit an annual report with the final claim that covers the enforcement campaigns the Parties participated in, reported on the High Visibility Enforcement report form included in the provided claim workbook. 2. Coordination. The Parties shall coordinate their participation through communication with Vail's Grant Program Coordinator, Mark Coe, at mcoe(&,vailgov.com, (970) 376-0873. 3. Forms. The Parties shall remit the required paperwork to Vail at the end of each shift worked in accordance with the Grant Program, including without limitation: a. Date of shift; 5 22WO23 C:IUSERSIEASYPD-IIAPPDATAILOCALITEMPIBCL TECHNOLOGIESIEASYPDF 8%@BCL@FCOB9EABI@BCL@FCOB3EAB.DOCX b. Hours worked; C. Number of traffic stops completed within the shift; and d. Number of DUI arrests made within the shift. 4. Enforcement Periods. The Parties shall adhere to the 2022-2023 High Visibility Enforcement Impaired Driving Enforcement Periods pursuant to Exhibit B and to any subsequent enforcement period as promulgated by CDOT. 6 2128l2023 C:IUSERSIEASYPD—IAPPDATAV-OCALITEMP%BCL TECHNOLOGIESIEASYPDF 8%@BCL@FCOB9EAB1 c(i�BCL@FCOB9EAB.D0CX COLORADO Department of Transportation ENFORCEMENT PERIOD 4TH OF JULY WEEKEND SUMMER STRIKE OUT STURGIS RALLY LABOR DAY CRACKDOWN FALL FESTIVALS HALLOWEEN WEEKEND THANKSGIVING WEEK HOLIDAY PARTIES NEW YEAR'S EVE WEEKEND WINTER BUTZ SUPERBOWL WEEKEND PRESIDENTS WEEK ST. PATRICK'S DAY WEEKEND SPRING EVENTS MEMORIAL DAY WEEKEND SUMMER BLITZ Click Here to Subscribe to Enforcement Wave Gooale Calendar Click Here to view the Enforcement Wave Calendar in your web browser (Save to vour Favorites) HOLIDAY DATE 4-Jul-22 MONDAY N/A AUGUST S-14, 2022 S-Sep-22 MONDAY N/A 31-Ott-22 MONDAY 24-Nov-22 THURSDAY N/A 31-Dec-22 FRIDAY N/A 12-Feb-23 SUNDAY 20-Feb-23 MONDAY 17-Mar-23 FRIDAY N/A 29-May-13 MONDAY N/A 2022-2023 HIGH VISIBILITY ENFORCEMENT IMPAIRED DRIVING ENFORCEMENT PERIODS *All Balms are due by the 45th day after the enforcement period ENFORCEMENT PLAN DUE ENFORCEMENT STARTS @ 1800 ON WEBSI E 24-Jun Friday. July 1.2022 FRIDAY FRIDAY 7-Jul Thursday, July 14, 2022 THURSDAY THURSDAY 28-Aug Thursday, August 4, 2022 THURSDAY THURSDAY 11-Aug Wednesday, August 17, 2022 WEDNESDAY WEDNESDAY 8-Sep Thursday, September 15, 2022 THURSDAY THURSDAY 20-Oct Thursday, October 27, 2022 THURSDAY THURSDAY 10-Nov Thursday, November 17, 2022 THURSDAY THURSDAY 1-Dec Thursday, December 8, 2022 THURSDAY THURSDAY 22-Dec Thursday, December 29, 2022 THURSDAY THURSDAY 2-Jan Thursday, January 12, 2023 THURSDAY THURSDAY 2-Feb Thursday, February 9, 2023 FRIDAY THURSDAY 10-Feb Friday, February 17, 2023 FRIDAY FRIDAY 9-Mar Thursday, March 16, 2023 THURSDAY THURSDAY 31-Mar Friday, April 7, 2023 FRIDAY FRIDAY 9-May Tuesday, May 16, 2023 TUESDAY TUESDAY 3-Jun Friday, June 9, 2023 FRIDAY FRIDAY ENFORCEMENT ENDS 0 06M Wednesday, July 6, 2022 WEDNESDAY Wednesday, July 20, 2022 WEDNESDAY Monday, August I5, 2022 MONDAY Thursday, September 8, 2022 THURSDAY Monday, October 24, 2022 MONDAY Tuesday, November 1, 2022 MONDAY Wednesday, November 30, 2022 WEDNESDAY Tuesday, December 20, 2022 TUESDAY Tuesday, January 3, 2022 TUESDAY Wednesday, January 2S, 2023 WEDNESDAY Tuesday, February 14, 2023 TUESDAY Tuesday, February 28, 2023 TUESDAY Sunday, March 21, 2023 SUNDAY Monday, April 24, 2023 MONDAY Monday, June S, 2023 MONDAY Tuesday, June 20, 2023 TUESDAY MMOND I)MVE SOBER OR Gn PULM OVER ARREST DATA DUE ON *CLAIM DUE WEBSITE DATE it -Jul 20-Aug MONDAY 25-Jul 3-Sep MONDAY 19-Aug 29-Sep FRIDAY 13-Sep 23-Oct TUESDAY 28-Oct 8-Dec FRIDAY 4-Nov 16-Dec FRIDAY S-Dec 14-Jan MONDAY 27-Dec 3-Feb TUESDAY 9-Jan 17-Feb MONDAY 31-Jan 11-Mar TUESDAY 20-Feb 31-Mar MONDAY 6-Mar 14-Apr MONDAY 27-Mar 5-May MONDAY 28-Apr 8-Jun FRIDAY 9-Jun 20-Jul FRIDAY 26-Jun 4-Aug MONDAY