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Home My WebLink AboutC17-019 Town of Gypsum Animal Services IGAINTERGOVERNMENTAL AGREEMENT BETWEEN THE COUNTY OF LAGLE, STATE OF COLORADO AND THE TOWN OF GYPSUM FOR THE PROVISION OF ANIMAL SERVICES This Aareement made this jL-J�_ day of nLI2:) , 2016 by and between the County of Eagle, State of Colorado, a body corporate and politic (the "County") and the Town of Gypsum, n municipal corporation (the "Town"). WITNESSETII WHEREAS, the Town desires to contract with the County for the performance of the hereinafter described Servicers on the terms and conditions hereinafter set forth; and WHEREAS, the County agrees to perform such Services on the terms and conditions hereinafter set forth: and WHEREAS, this Intergovernmental Agreement is atithorized pursuant to Section 29-1 201 and 30-1 1-101, Colorado Revised Statutes, as amended, and Article XIV, Section 18, of (lie Colorado Constitution. AGREEMENT NOW, THEREFORE, in considerations of the mutual covenants, conditions and promises contained herein; the parties hereto agree hereby as Fallows: SECTION I. TERRITORY COVERED, The Sorvices described herein will be provided within the municipal boundaries of the Town of Gypsum. SECTION Z. DEFINITIONS. Emergency Call is defined as a situation involving life safety for a person or pet animal which cannot be defused by local law enforcement. 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, Fagle, 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 confused in Shelter on behalf of the Town. SECTION 3. SCOPE OF SERVICES. JOS 37WD. QVCx 1 1 C17-019 The County agrees to provide General Animal Services and Emergency On -Call Service (collectively, the "Services") within the Town of Gypsum as follows: A. General Animal Services shall include: A minimum of 30 hours per month ofrandornly-scheduled patrols, consisting of inspection tours looking For violations or responding to complaints. The scope of these patrols is to be designed to gain voluntary compliance and uniform administration of the Animal Regulations. Administration and enforcement of Title 6 of the Town of Gypsum Municipal Cade presently in effect and as may be subsequently amended to apply far the control and licensing of animals within the Town boundaries. Eagle County Animal Services shall be considered the Animal Control Officer of the Town as defined by SBet ion 6,02.0 10 (C) of the Town of'Gypsum K4unicipal Code. 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 Gypsum. iv. Animal sheltering services for animals attributable to the Town, ofthe nature and quality custornarily provided at the Shelter. Animals attributable to the Town are animals impounded within the Town of Gypsum and animals owned by persons dwelling, permanently or lemporarily, in the Town of Gypsum, B. Emergency on call services shall include: i. Unless otherwise arranged in accordance with Section 3 C of this Agreement, Emergency on Call Services ►viII be provided outside normal County lousiness hours. In the event that an Eagle County Animal Services Officer is not immediately available to respond to an incident or emergency, the Town of Gypsum wiIi 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. C. After Hours Patrolling i. When requested by the Town and approved by the County patrolling will he provided outside of normal County business hours. SECTION 4. OFFICIAL STATUS. For the purpose of perforating the Services and functions set forth in this agreement, Eagle County Animal Services shall enforce, as the Town's agent, the Town of Gypsum Animal Ordinances relating to animal control and licensing now in effect and as amended. {[7cmis0a.00Cx I } SECTION 5. EQUIPMENT, The County shall furnish and supply, at its sale expense, all necessary labor, supervision, equipment, motor vehicles, office space, anti operating and office supplies necessary to provide the services to be rendered hereunder. SECTION 6. COMPENSATION. A. The Town of Gypsum agrees to pay the County, monthly, the sum or$ u84.04 for General Animal Services. B. On Call Emergency Services shall be billed at. $144.00 per call. C. After Hours Patrolling shall be biller! at; $50.00 per hour. D. The Town of Gypsum agrees to pay the County on or before the fifteenth day of each month for all General Animal and Emergency On -Call Services rendered the previous month. E. All fees and expenses recovered at or for the Shelter will remain with the Cmmty, F. 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 Gypsum, 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 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. C. All persons employed in the performance of such Services for the Town of Gypsum, 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 and the Town shall respectively provide general liability and public officials' errors and omissions insurance coverage for claims arising from this Agreement. Further, the County and the Town, respectively as named insureds, shall include the other respective party, its officers, employees, and agents, as additional instireds Under the {X53790fW0J{ 1 t named insured's insurance policies. The named insured's insurance shall be primary and non-contributory as respects any covurud claim against an additional insured arising out of the prernises or operations of the named insured. Except for acts or omissions that are willful and wanton or which con stitutc gross negligence by the County, its agents, officers, or employees, the parties agree that a claim arising out of the County's enforcement ofthe Town's ordinance in accordance with the terms of this Agreement shall constitute an operation of the Town for purposes of the County's additional insured status under the Town's insurance. A certificate of insurance consistent with the foregoing requirement is attached hereto as Exhibit A. This provision shall survive expiration or termination of this Agreement. B. Nothing in this Agreement shall be construed to waive, limit, 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 behalf of either party and, in particular, governmental immunity afforded or available pursuant to the Colorado Governmental Immunity Act, Title 24, Article 10, fart I of the Colorado Revised Slatutes. This paragraph shall survive termination of this Agreement. SECTION 9. TERM AND TERMINATION. A. This Agreement is effective January 1, 2017, and shall end on the 31 st day of December, 2017. Either party shall have (lie right to terminate this agreement with or without cause at any time by giving the other party thirty (30) days' prior written notice of IorminaIion. Upon termination, the County shall be entitled to compensation for services performed prior to such termination (calculated by prorating the monthly rale 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. B. Obligations of the Town or Gypsum and the County, respectively, after tite 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 Gypsum and the County, under this Agreement, shal I 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 of Gypst3m: (DM7S00,DQCX I j Town Manager 1'.G, Box 130 Gypsum, CO 81537 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 ether 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 nut and shall not be deemed to confer upon or grant to any third party any right to claim damages or to brim; 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 Agreenient or of any covenant, condition, or pr ovision 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 1icreto 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 euurt of competent jurisdictiori, this Agreement shall be interpreted as if such invalid Agreement or covenant were not contained herein. {00537900.00rx / 1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year First above written. Attest: ' By: --- - — , Clerk to the Hoard Regina O'Brien Atli By: COUNTY OF EAGLE_ STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS By: Chair Jillian H. Ryan lit EA [C3A79130 DCCk f } ACORDM CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD YY) MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH 01/09/2017 PRODUCER LIC #N/A 1-303-757-5475 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION CIRSA ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE POLICY EXPIRATIONLTR DATE (MM/DDIYYI HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 3665 Cherry Creek North Drive ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE Denver, CO 80209 INSURED INSURER A: CIRSA Town of Gypsum X COMMERCIAL GENERAL LIABILITY INSURER B: PO Box 130 INSURER C: Gypsum, CO 81637 INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATIONLTR DATE (MM/DDIYYI LIMITS A GENERAL LIABILITY LIAB 01-2017 01/01/17 01/01/18 EACH OCCURRENCE $ 10,000,000 FIRE DAMAGE (Any one fire) $ 10,000,000 X COMMERCIAL GENERAL LIABILITY X CLAIMS MADE 71OCCUR MED EXP (Any one person) $ 0 PERSONAL &ADV INJURY $10,000,000 X $10m POL E&O Aggregate GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 10,000,000 POLICY 7 PRO LOC A AUTOMOBILE X LIABILITY ANY AUTO LIAB 01-2017 01/01/17 01/01/18 COMBINED SINGLE LIMIT $ 5,000,000 (Ea accident) BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO AUTO ONLY: AGG $ EXCESS LIABILITY EACH OCCURRENCE $ OCCUR 7 CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATION AND STATUS OTH- TORY LIMIT ER OR EMPLOYERS' LIABILITY E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ OTHER -7 DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Certificate Holder is Additional Insured on Liability Policies if required by contract. As respects IGA for Animal Control Services. UtK I IFIUA It: HULUtK i ADDITIONAL INSURED; INSURER LETTER: ti UANUtLLA I IUN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION Eagle County Animal Shelter & Services DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Nathan Lehnert 1400 Fairgrounds Rd. IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. Eagle, CO 81631 AUTHORIZED REPRESENTATIVE/ �� USA � i«f �` _ ( 7 ACORD 25-S (7/97) AmandaR p ACORD CORPORATION 1988 48912972