HomeMy WebLinkAboutC13-377 Town of Eagle Intergovernmental Agreement INTERGOVERNMENTAL AGREEMENT BETWEEN
THE COUNTY OF EAGLE,STATE OF COLORADO
AND THE TOWN OF EAGLE
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This Agreement made this/di day of_.Cterber,2013 by and between the County of Eagle,State of
Colorado, a body corporate and politic(the "County")and the Town of Eagle, a municipal corporation (the
"Town").
W ITN ESSETH
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 hereby as follows:
SECTION 1.TERRITORY COVERED.
The territory covered by this Agreement is all of that certain property legally described as the Town of Eagle.
SECTION 2. DEFINITIONS.
Emergency On-Call Service is defined as any emergency call received by the County for which Animal Services
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 the 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.
The County agrees to provide General Animal Services and Emergency On-Call Services within the Town of Eagle
as follows:
A.General Animal Services shall include:
A minimum of 25 hours of patrol per month,consisting of inspection tours looking for
violations or responding to complaints.The patrols shall be performed on a daily basis
throughout the month.The scope of these patrols is to be designed to produce
voluntary compliance and uniform administration of the Pet Animal regulations.
II. Administration and enforcement of the Eagle County Animal Services Resolution
presently in effect and as may be subsequently amended as applied within the Town of
Eagle 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 monthly reports and an 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 citations issued,as they apply to the Town of Eagle.
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 Eagle and animals owned by persons dwelling,
permanently or temporarily,in the Town of Eagle.
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 Eagle 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 !nimal
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 Eagle agrees to pay the County,monthly,the sum of$1,600.00 for General Animal Services.
On-Call Emergency Services will be billed at:$50.00 per hour.
The Town of Eagle agrees to pay the County,on or before the fifteenth day of each month,for all General
and Emergency On-Call Services rendered the previous month, 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 Eagle,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 Eagle,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.
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. Further,the County and the Town, respectively,shall
name,subject to the approval of each respective party's insurance carriers,the other respective party as
a co-insured under such insurance policies to the extent of any potential liability arising under this
Agreement and, upon reasonable written request,shall furnish evidence of the same to the other
respective party.
SECTION 9.TERM AND TERMINATION.
This Agreement is effective January 1,2014 and shall end on the 31st day of December 2014. Either party shall
have the right to terminate this agreement with or without cause at any time by giving the other party thirty(30)
days'prior written notice of termination. Upon termination,the County shall be entitled to compensation for
services performed prior to such termination(calculated by prorating the monthly rate for the number of days
the County performed General Animal Services and adding all charges for any additional services,including
Emergency On Call Services, performed by the County during that time),and both parties shall thereafter be
relieved of any and all duties and obligations under this Agreement.
Obligations of the Town of Eagle and the County, respectively,after the current fiscal year, are contingent upon
funds for the purpose set forth in this Agreement being appropriated, budgeted and otherwise made available.
SECTION 10. GENERAL PROVISIONS.
A. Notices.All notices, requests,consents,approvals,written instructions, reports or other
communication by the Town of Eagle 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 Eagle:
Town of Eagle
P.O. Box 609
Eagle,Colorado 81631
County of Eagle:
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.
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.
COUNTY OF EAGLE,STATE OF
COLORADO, By and Through Its ATTEST:
BOARD OF COUNTY COMMISSIr %;I
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By: t' , r! L_r øIe.k
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Clerk tot e Board of Sara Fisher',Chairman County Commissioners
ATTEST:TOWN OF EAGLE
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By:"4/4/41601/1:71— h By• i� • V'
Town Clerk iMayor
