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Home My WebLink AboutC16-005 Town of Avon IGAINTERGOVERNMBNTAL AGREEMENT BETWEEN THE COUNTY OF BAGLE. STATE OF COLORADO AND THE TOWN OF AVON This Agreement made on December 8,2015 by and between the County of Eagle, State of colorado, a body corporate and politic (the "County") and the Town of Avon, a municipal corporation (the "Town"). WITNESSETH WHEREAS, the Town desires to contract with the County for the performance of the hereinafter described Anirral 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 forthl and WHEREAS, this Intergovernmental Agreement is authorized pursuant to Section 29- l-201 and 30-11-101, Colorado Revised Statutes, as amended, and Article XIV, Section 18, of the Colorado Constitution. AGREEMBNT NOW, THEREFORE, in consideration of the mutualcovenants, conditions and promises contained herein, the parties hereto agree hereby as follows: SBCTION 1. TBRRITORY COVERED. Except for sheltering services, the services described herein will be provided within the municipal boundaries of the Town of Avon. SECTION 2. DEFTNITIONS. Emergency On-Call Service is defined as any emergency call received by the County for which Anirnal 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 County. Unclaimed Day is defined as a calendar day or any partthereof 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 Service within the Town of Avon as follows: A. General Animal Services shall include: Eagle Countv - Town of Avon Intergovernmental Agreemcnt for Anim{l Control Services December 8,2015 Pagc I of 5 Eagle County Ccmnrissioners'Office C16-005 i. Admilistration and enforcement of the Town of Avon Title 6 presently in effect and as may be subsequently amended to apply for the control and licer,sing of animals within the Town boundaries. Eagle County Animal Services shall be considered the Animal Control Officer of the Town as defined by Section 6.04.020 of the Town of Avon Municipal Code. ii. The County shall provide the Town with rnonthly 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 Avon. iii. 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 Avon and animals owned by persons dwelling, permanently or temporarily, in the Town of Avon. B. Twenty-four (24) hours per day Emergency On-Call Service. i. 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 imrnediately available to respond to arr incident or emergency, the Town of Avon will provide available personnelto secure the scene and administer control of the situatiorr untll 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 Town of Avon Animal Ordinances relating to animal control and licerrsing now in effect and as amended. SECTTON s. 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. A. The Town of Avon agrees to pay the County, monthly, the sum of $800.00 for General Animal Services. B. On Call Emergency Services sliall be billed at: $50.00 per hour. C. The Town of Avon agrees to pay the County on or before the fifteenth day of each month for all General Animal and Emergency On-Call Seruices rendered the previous month. D. All fees and expenses recovered at or for the Shelter will remain with the County. Eagle Countv - Torvn of Avon Intcrgolernmenral Agreemtnt for Animal Control Services December 8, 2015 Page 2 of 5 E. All court fines and costs will remain with the court of venue. SECTION 7. PERSONNEL. A. The Eagle County Animal Services 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. B. The rendition of Animal Services provided for herein, the standards of perfbrmanceo 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. C. All persons employed in the perfonnance of such Animal Services for the Town of Avon, pursuant to this Agreement, shall be County employees, except for Town personnel used to secure the scene as described in Section 3. SBCTION 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 and the Town shall respectively provide its own insurance coverage as each party rnay deern 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 pafty 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. C. Nothing in this Agreement shall be construed to waive, lirnit, or otherwise modify any governmental immunity that may be available by law to either party. its officials, employees, contractors' or agents, or any other person acting on behalfofeither party and, in particular, governmental irnmunity afforded or available pursuant to the Colorado Governmental Immunity Act, Title 24, Article 10, Part I of the Colorado Revised Statutes. This paragraph shall survive tennination of this Agreement. SECTION 9. TERM AND TERMINATION. A. This Agreement is effective January 7,2016, and shallend on the 31st day of December, 2016. 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 addirig all charges for any additional services, including Eagh County - Town of Avon Int€rgovernmentf,l Agreement for Animal Control Servires December 8.2015 Page 3 of 5 Ernergency On Call Services, performed by the County during that tirne), and both parties shall thereafter be relieved of any and all duties and obligations under this Agreement. B. Obligations of the Town of Avon 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, r,vritten 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 been given or served, if delivered or if mailed by certified mail, postage prepaid or hand delivered to the parties as follows: Town ofAvon: Chief of Police P.O. Box 975 Avon, CO 81620 County of Eagle: Eagle County Attorney P.O. Box 850 Eagle, CO 81631 Either party rnay change the address to which notices, requests, consents, approvals, written instructions, rcports 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 Eagk County -Town ofAvon Intergovernmental Agrecment for Animal Control Services Deeember 8.2015 Page 4 of 5 a 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 shallbe 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 determ ination. IN WITNESS WIIEREOF, the parlies hereto have executed this Agreement the day and year first above written. COUNTY OF EAGLE, STATE OF COLORADO, By and Through lts BOARD dler-Henry, Teak J. Simonton. Clerk to the Board TOWN O Eaglc County - Town of Avon Intcrgovernmrnt*l Agrermenl for Animal Control Services December 8, 2015 Page 5 of 5 By: sJ J.:J*