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HomeMy WebLinkAboutC02-003 IGA with Town of Avon for animal control servicesr c INTERGOVERNMENTAL AGREEMENT BETWEEN THE COUNTY OF EAGLE, STATE OF COLORADO AND THE TOWN OF AVON This Agreement made this 14 day of � G� �. , 2001, by and between the Town of Avon (the "Town ") and the County of Eagle, State of Colorado (the "County "). WHEREAS, the Town and County have entered into an Intergovernmental Agreement dated September 30, 1994, pursuant to which County agreed to provide certain animal control services to Town; and WHEREAS, the Town and County both want to change the scope of services to be provided by County; and WHEREAS, the County is agreeable to rendering Animal Control Services on the terms and conditions hereinafter set forth; and WHEREAS, this Intergovernmental Agreement is authorized pursuant to C.R.S. 30- 11 -101, as amended. NOW, THEREFORE, in consideration of the mutual covenants, conditions and promises contained herein, the parties hereto agree hereby as follows: SECTION 1. DEFINITIONS. Emergency on Call services is defined as emergency calls received by the County for which County assistance is required because of the unavailability of Town employees to respond. Shelter means The Eagle County Animal Shelter located at 1400 Fairgrounds Road, Eagle, Colorado, or any other shelter facility operated or designated the by County. Unclaimed Day is defined as a calendar day or any part thereof during which an unclaimed animal is confined in Shelter on behalf of the Town. SECTION 2. TERRITORY COVERED. 1 1 J • The territory covered by this Agreement is all of that certain property legally described as the Town of Avon. SECTION 3. SCOPE OF SERVICES. The County shall provide: A) Animal sheltering services for animals attributable to the Town, of the nature and quality customarily provided at the Eagle County Animal Shelter. Animals attributable to the Town are animals impounded within the Town of Avon and animals owned by persons dwelling, permanently or temporarily, in the Town of Avon. B) Twenty four hours per day Emergency On Call service. The County shall enforce Title 6 of the Town of Avon Municipal Code when in the Town of Avon. In the event that an Eagle County Animal Control Officer is not immediately available to respond to an incident or emergency, the Town will provide personnel to secure the scene and administer control of the situation until the Eagle County Animal Control Officer arrives to resolve the incident. SECTION 4. LEVEL OF SERVICE. The County shall provide the Town with a quarterly report of Animal Control Activities generated as a result of this Agreement. Such reports shall include, by way of example only, the number of calls for service, number of animals sheltered, number of unclaimed days, and number of citations issued. SECTION 5. SUPERSESSION OF PRIOR IGA. Any prior agreements between the Town and County regarding animal sheltering or control services are superseded by this Agreement. 2 SECTION 6. EQUIPMENT. The County shall furnish and supply, at its sole expense, all necessary labor, supervision, equipment, motor vehicles, office space, and operating and office supplies necessary to provide the services to be rendered hereunder. SECTION 7. COMPENSATION. Town will pay County for services rendered hereunder: A) Shelter Services: Town will pay the County $500.00 quarterly and reimburse the County the actual expenses the County is charged for veterinary services and euthanasia services. The Town will reimburse the County for unclaimed days as follows: Eight dollars and fifty cents per animal day past the yearly allotment of 235 animal days.The first $500.00 quarterly payment shall be pro -rated by day if the contract becomes effective after the beginning of a quarter. B) On call coverage Services: The Town will pay the County $10.00 per night and per weekend /holiday day /night shift for which County is scheduled to provide services and $50.00 per response for all hours that the County Officers are not on duty. The Town will pay the County $35.00 per call for each call -for - service for all hours that the County officers are on there regularly scheduled shifts. The County will not provide Patrol Service on any basis for the Town. All fees collected at the Eagle County Animal Shelter shall belong to and remain the property of the County, provided that Return -to -owner fees collected shall be credited against the Shelter Service expenses to be reimbursed by the Town. All court fines and costs will remain with the court of venue. The Town will pay the County the foregoing month following receipt of .County's bill for services quarterly report shall be presented quarterly. SECTION 8. PERSONNEL. on or before the fifteenth day of the . The bill for services along with the The Eagle County Animal Control Officer shall have full cooperation from the Town of Avon, its public works, its police officers and /or their respective officers, agents, and employees, so as to facilitate the performance of this Agreement. The rendition of Animal Control Services provided for herein, the standards of performance, the discipline of officers, and other matters incident to the performance of such services and the control of personnel so employed, shall remain in the County. In the 3 m � f event of any dispute between the parties herein as to the extent of the duties and services to be rendered hereunder or the minimum level or manner of performance of such services, the determination thereof made by the County shall be final and conclusive as between the parties hereto. All persons employed in the performance of such Animal Control Services for the Town pursuant to this agreement, shall be County employees, except for Town personnel used to "secure" the scene as described in Section 3, above, and except for employees of any veterinary hospital providing services to the County. SECTION 9. LIABILITY AND INSURANCE. A. The County, its officers and employees, shall not be deemed to assume any liability for intentional or negligent acts, errors, or omissions of the Town or of any officer or employee thereof. Likewise, the Town, its officers and employees, shall not be deemed to assume any liability for intentional or negligent acts, errors or omissions of the County or of any officer or employee thereof. B. The County agrees to indemnify, defend and hold harmless to the extent allowed by law, the Town, its respective agents, officers, servants and employees of and from any and all loss, costs, damage, injury, liability, claims, liens, demands, action and causes of action whatsoever, arising out of or related to the County's intentional or negligent acts, errors or omissions or that of its agents, officers, servants, and employees, whether contractual or otherwise. Likewise, the Town agrees to indemnify, defend and hold harmless to the extent allowed by law, the County, its respective agents, officers, servants and employees of and from any and all loss, costs, damage, injury, liability, claims, liens, demands, action and causes of action whatsoever arising out of or related to the Town's intentional or negligent acts errors or omissions or that of its agents officers, servants and employ- ees, whether contractual or otherwise. C. The County and the Town shall respectively provide its own public liability, property damage, and errors and omissions insurance coverage as each party may deem adequate and necessary for any potential liability arising from this Agreement. SECTION 10. TERM AND TERMINATION. This Agreement is deemed to be effective upon approval by the Eagle County Board of Commissioners and shall end on the 31st day of December, 2002. Either party shall have the right to terminate this agreement with or without cause at any time by giving the other party thirty days' prior written notice of termination. Upon termination, the County shall be entitled to compensation for services performed priorto such termination, and both parties shall be relieved of any and all duties and obligations under this Agreement. County's agreement with the Town of Avon is contingent upon funds being budgeted and appropriated for that purpose. Town's and County's obligations hereunder after the current fiscal year are contingent on funds being budgeted and appropriated for the purposes of performing the terms of this Agreement. SECTION 11. GENERAL PROVISIONS. A. Notices. All notices, requests, consents, approvals, written instructions, reports or other communication by the Town of Avon. and the County, under this Agreement, shall be in writing and shall be deemed to have given or served, if delivered or if mailed by certified mail, postage prepaid or hand delivered to the parties as follows: Town of Avon County of Eagle: Town of Avon P.O. Box 975 Avon, Colorado 81620 Eagle County Attorney P.O. Box 850 Eagle, CO 81631 Either party may change the address to which notices, requests, consents, approvals, written instructions, reports or other communications are to be given by a notice of change of address given in the manner set forth in this paragraph A. B. This agreement does not and shall not be deemed to confer upon or grant to any third party any right to claim damages or to bring any lawsuit, action or other proceedings against either the Town or the County because of any breach hereof or because of any terms, covenants, agreements or conditions contained herein. C. No modification or waiver of this Agreement or of any covenant, condition, or provision herein contained shall be valid unless in writing and duly executed by the party to be charged therewith. t 9 r D. This written Agreement embodies the whole agreement between the parties hereto and there are no inducements, promises, terms, conditions, or obligations made or entered into either by the County or the Town other than those contained herein. E. This Agreement shall be binding upon the respective parties hereto, their successors or assigns and may not be assigned by anyone without the prior written consent of the other respective party hereto. F. All agreements and covenants herein are severable, and in the event that any of them shall be held invalid by a court of competent jurisdiction, this Agreement shall be interpreted as if such invalid Agreement or covenant were not contained herein. G. The Town has represented to the County and, likewise, the County has represented to the Town, that it possesses the legal ability to enter into this Agreement. In the event that a court of competent jurisdiction determines that either of the parties hereto did not possess the legal ability to enter into this Agreement, this Agreement shall be considered null and void as of the date of such Court determination. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. ATTEST: County Commissioners COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONE A TTr[1T. T!1 \A /AI /1r A % //1A1 A 1N