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HomeMy WebLinkAboutC11-015 Town of Red Cliff IGA Animal Services INTERGOVERNMENTAL AGREEMENT BETWEEN THE COUNTY OF EAGLE, STATE OF COLORADO AND THE TOWN OF RED CLIFF �A'r �fi � This Agreement made this IV day of ..11i , 29±0 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 performance of the hereinafter described Animal Services on the terms and conditions hereinafter set forth; and WHEREAS, the County is agreeable to rendering such Animal Services on the terms and conditions hereinafter set forth; and WHEREAS, this Intergovernmental Agreement is authorized pursuant to Sections 29 -1 -201 and 30 -11 -101, Colorado Revised Statutes, as amended, and Article XIV, Section 18, of the Colorado Constitution. 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 described as the Town of Red Cliff. SECTION 2. DEFINITIONS. Emergency On -Call Service is defined as any emergency call received by the County for which Animal Service assistance is required and no Animal Services Officer 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 which an unclaimed animal is confined in Shelter on behalf of the Town. SECTION 3. SCOPE OF SERVICES. C<< -0(') The County agrees to provide General Animal and Emergency On -Call Services within the Town of Red Y g p g Y Cliff. A. General Animal Services shall include: A minimum of 1 hour of patrol, monthly, consisting of inspection tours looking for violations or responding to complaints. ii. Administration and enforcement of the Eagle County Animal Service Resolution presently in effect and as may be subsequently amended as applied within the Town of Red Cliff or the Municipal Ordinance as may apply to the control and licensing of animals within the Town boundaries. iii. The County shall provide the Town with quarterly reports and an annual report of s ervic provided pursuant to this Agreement. Such reports shall include, b s e P P g p by way of example only, the number of calls for service, number of animals sheltered, number of Unclaimed Days, and number of citations issued, as they apply to the Town of Red Cliff. iv. 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, permanently or temporarily, in the Town of Red Cliff. B. Twenty -four (24) hours per day Emergency On -Call Service. Emergency On -Call Service will be provided during the period when an Eagle County Animal Services Officer is not on duty. In the event that an Eagle County Animal Services Officer is not immediately available to respond to an incident or emergency, the Town of Red Cliff will provide available personnel to secure the scene and administer control of the situation until the Eagle County Animal Services Officer arrives to resolve said incident. SECTION 4. OFFICIAL STATUS. For the purpose of performing the Animal Services and functions set forth in this agreement, Eagle County Animal Services shall enforce, as the Town's agent, the Municipal Ordinances relating to animals now in effect and as amended from time to time. SECTION 5. 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 6. COMPENSATION. The Town of Red Cliff agrees to pay the County, quarterly, the sum of $192.00 for General Animal Services. On Call Emergency Service shall be billed at $50.00 per hour. 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 On Call Emergencies. All fees and expenses recovered at or for the Shelter will remain with the County. All court fines and costs will remain with the court of venue. SECTION 7. PERSONNEL. The Eagle County Animal Services 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 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. All persons employed in the performance of such Animal Services for the Town of Red Cliff, pursuant to this agreement, shall be County employees, except for Town personnel used to secure the scene as described in Section 3. SECTION 8. 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 by 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 employees, whether contractual or otherwise. 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. 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 y 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. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its ATTEST: t,GLE c :OARD OF COUNTY COMMISSIONERS I L? k -� vu Clerk to the Board of S - • - - , Chairman County Commissioners 4V , ' / ATTEST: TOWN OF RED CLIFF B , �/ / By: x . " lr ! Town Clerk Mayor �'