No preview available
HomeMy WebLinkAboutC04-381 Town of Red Cliff IGAG10~ -38~-3z INTERGOVERNMENTAL AGREEMENT BETWEEN THE COUNTY OF EAGLE, STATE OF COLORADO AND THE TOWN OF RED CLIFF This Agreement made this *~ day of SePTerw_~~ 2004 by and between the County of Eagle, State of Colorado, a body corporate and politic (the "County") and the Town of Red Cliff, a municipal corporation (the "Town"). WITNESSETH WHEREAS, the Town desires to contract with the County for the perforrr,ance of the hereinafter d?scribed Anima! Control Cep-;~icev n„ +h~ tern-„n nhd f•nr~.J•+• r.n r v. L~ 1•r i :J U~ vVl IlAlllOi iJ hereinafter set forth; and WHEREAS, the County is agreeable to rendering such Animal Control :,iervices on the terms and conditions hereinafter set forth; and WHEREAS, this Intergovernmental Agreement is authorized pursuant to Section 30-11-101, as amended. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants, conditions and promises contained herein, the parties hereto agree as follows: SECTION 1. TERRITORY COVERED. The territory covered by this Agreement is all of that certain property legally dE:;scribed as the Town of Red Cliff. SECTION 2. DEFINITIONS. Emergency on Call services is defined as emergency calls received by tree County for which Animal Control assistance is required and no Animal Control C7fficer is on duty to respond. Shelter means The Eagle County Animal Shelter located at 1400 Fairgrounds Road, Eagle, Colorado, and any other shelter facility operated or designated by County. Unclaimed Day is defined as a calendar day or any part thereof during vwl~ich an unclaimed animal is confined in Shelter on behalf of the Town. SECTION 3. SCOPE OF SERVICES. The County agrees to provide general Animal Control Services within the Town of Red Cliff. The County shall provide: A) A minimum ofi 100 randomly-scheduled patrols, consisting of in:>pection tours looking for violations or responding to complaints. B) Twenty-four (24) hours per day Emergency On Call service. C} Administration and enforcement of the Eagle County Animal Control Resolution presently in effect and as may be subsequently amended as applied °.1;'ith~ i tic To'vJii Of I•<cu Cli'ii ar tilir IViUnii:ipal Ordinance aS may apply. D) The County shall provide the Town with quarterly reports and ari annual report of services provided pursuant to 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 ~„itatior~s issued, as they apply to the Town of Red Cliff. E) Emergency on Call service will be provided during the period vuhen an Eagle County Animal Control Officer is not on duty. In the evens. that an Eagle County Animal Control Officer is not immediately available to respond to an incident or emergency, the Town of Red Cliff ~Nill provide available personnel to secure the scene and administer control of the situation until the Eagle County Animal Control Officer arrives to resolve said incident. F} Animal sheltering services for animals attributable to the Town, of the nature and quality customarily provided at the Shelter. Animals attributable to the town are animals impounded within the Town of Red Cliff and animals owned by persons dwelling, Nermanently or temporarily, in the Town of Red Cliff. SECTION 4. OFFICIAL STATUS. For the purpose of performing the Animal Control Services and functions set forth in this agreement, Eagle County Animal Control shall enforce, as the Town's agent, the Municipa{ Ordinances relating to animals now in effect and as amended from time to time. SECTION 5. EQUIPMENT. The County shat{ 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 6. COMPENSATION. The Town of Red Cliff agrees to pay the County, quarterly, the sum of $125.00 based on estimated patrols and on estimated sheltering requirements of (on average) '15 animal days. The Town of Red Cliff agrees to pay the County quarterly for services rendered the previous period plus any additional billing received for Response to (fin Call Emergencies. Responding to On Calf Emergencies: $50.00/incident Al! fees and expenses recovered at or for the Shelter will remain with the County. A!I court fines and costs will remain with the court of venue. SECTION 7. PERSONNEL. The Eagle County Animal Control Officer shall have full cooperation from the 'Town of Red Cliff, 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 pro~~ided for herein, the standards of performance, the discipline of officers, and other matters incident to the perforrriance of such services and the control of personnel so employed, shall remain in the County. All persons employed in the performance of such Animal Control Services far tl~~e Town of Red Cliff, pursuant to this agreement, shall be County employees, except f~c~r Town personnel used to secure the scene as described in Section 3, above, and e>;cept far employees of the operator of the Shelter. Obligations of the Town of Red Cliff and the County, respectively, after the current fiscal year, are contingent upon funds far the purpose set forth in this Agreernerit being appropriated, budgeted and otherwise made available. SECTION 10. GENERAL PROVISIONS. A. Notices. All notices, requests, consents, approvals, written ir~str•uctions, reports or other communication by the Town of Red Cliff 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 Red Cliff: Town of Red Cliff P.O. Box 40 Red Cliff, Colorado 81649 County of Eagle: County Attorney P.O. Box 850 Eagle, CO 81631 Either party may change the address to which notices, requests, c~~nsents, 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 lawsu t, 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, c~~ndition, or provision herein contained shall be valid unless in writing and duty executed by the party to be charged therewith. 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 T01Nn 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 c~~venant were not contained herein. G. The Town has represented to the County and, likewise, the Coy my has represented to the Town, that it possesses the legal ability to eater into this Agreement. In the event that a court of competent jurisdiction determines that either of the parties hereto did not possess the leg;~l ability to enter into this Agreement, this Agreement shall be considered null and void ~= s c;f the date o. sucl-~ Cor.:rt ueterrnination. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. COUNTY OF EAGLE, STATE OF °•~~~:~•~;~~ -. COLORADO, By and Through Its EST:/~ ~ ~°~'`~~~,•, BOARD OF COUNTY COMMISSIONER;. By: `-~ 1`~'L~~ ~ l~ Clerk to the Board of County Commissioners ~~~~ ,~~ ~-~ ,\~~'' '` om C. Stone, Chairman x ~,` iL 0 R1~G~ v:iP~O ATTEST: own erk TOWN OF RED CLIFF By: _. Mayor c\animal\RedCliff.con -file 86-47