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Home My WebLink AboutC17-021 Town of Vail Animal Services IGAINTERGOVERNMENTAL AGREEMENT BETWEEN THE COUNTY GF EAGLE, STATE OF COLORADO AND THE 'i'OWIti OF VAIL FORTHE PROVISION OF ANIMAL SERVICES This Agreement .made this loth day of January, 2017 , ?O16 by and between the County of Eagle, State of Colorado, a body corporate and politic (the "County") wid the Town of Vail, a municipal corporation (the "Town"). WITNESSET11 WHEREAS, the ToNNm desires to contract with the County for the performanec of the hereinafter desc.ribod Services on the terms and conditions hereinafter set forth; and WHEREAS, the County agrees to p�:riorrn such Services on the terns and conditions hereinafter set forth: and WHEREAS.. this Intergovernmental Agreement is authorized pursuant to Section 29 -1 - till and 3 0-1 1-10 1, Colc►rado Devised Statutes, as arnended, and Article XIV, Section 18, vf'the Colorado Constitution. AGREEIzIENT NOW, THEREFORE, in consideration of the mutual covenants, conditions and promises contained herein, the parties hereto agree hereby as follows: SECTION 1. TERRITORY C:OVER1M. The Services described herein xvill he provided within [lie municipal houndarics of the Town of Vail. SECTION 2. DEFINITIONS. Emergency Call is defined as a situation involving life safely 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 assistarnce is roqui red and no AnirmaI Scmices Officer is an duty to respond. Shelter means the Eagle County" Animal Shelter located at 1400 Fairgrounds Road, .Eagle, Colorado, and any outer shelter ,facility operated or designzated by County. UncIaimed Day is defined as a calendar day or any past thereof during which an unclaimed animal is confined in Shelter on behalf of the Town. SECTION 3, SCOPE OF SERVICES. C 17-021 The County ac, to provirie General Ani n.taI Services and Ellie Cht-C'aII servicc (collectively, the "Servic&") within the Town of Vail as follows: A. C -.neral Animal Services sha=t include: t. A int:trntum of 50 hours per month of randomly -scheduled patrols, consisting of inspeGrtcrn tours looking for violations or rusporiding to complaints. The scope of these patrols is to be designed to gain voluntary comphiince and uniforn) administration of the Animal Regalations. ii. Adm ijiistration and enforcement of Title 6 of the Town of Vail Municipal Cede presc:ritly in effect and as may bu sbsbseyucritly arnende l its apply for the control and licensing ofanimais withait the Tmvn boundaries. Eagle County Animal Services shall be considered the Animal C.ontrof C)fticc:: c :l the '1'oivri as del:inec.s by Sectio_ 6.4.2 of the Tovtim of Vail -Municipal Code. iii. The County shall provide tiie °I wyn with nionthly reports and an aminal report of services provided pursuant to this Agreement. Such reports shall include, by way of example only, the number of calls for service, number cc.& animals sheltered, number of Unclaimed Days, and nurnbwr of citations issued, as they apply to the. 'd'own of Vail. iv. Anintr.l sheltering services for animals attributable to Clic Town, of the nature. and quality customarily provided at the Shelter. Animals attributable to the Town are tin iilia] s impounded within the Town of Vail and. ani mafls owned by persons dwelling, permanently or temporarily, in the Town. of Vail. B. Emergency on call services shall include: i. Unless othenvise arranged in accordance witlt Section 3 C of this A.greenlent. Emergency on Call Services will be provided ou1.sidc normal County business hours. In zhe event that an Eagle County Animal Services Officer is not immediately avrdlable to respond to an ine;ident or emergency, the. Tovv'n of Vail will provide available personnel to secure the scene and administer control of the situati,-tn until the Eagle County Animal Services Officer arrives to restive said incident. C:'. After Wnurs Patrolling i. Whom requested by thfw, Town and approved by the County patrol Iing wiII be provided outside of normal County business hours. SECTION 4. OF11CIAL STATUS. For the purpose of performing the Services and functions set forth in this agreement, Eagle County Ani nial Services shall enforce, as the `t'own's agent, the 'l'oWn of Vail Ani -nal Ordinances rclatiou to animal control and licensing now in effect and as amended. 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 nceessary to provide the services to be rendered hereunder, SECTION 6. COMPENSATION. A. The Town of Vail agrees to pay the County, monthly, the sum of $3,300.00 for General Animal Services. B. On Call Emergency Services shall be billed at: $100.00 per call. C. After Hours Patrolling shall be billed at: $50.00 per hour. D. The Town of Vail agrees to pay} the County en or before the fifteenth day ofeach month for all General Animal and E3nergency On -Call Services rendered the previous month. E. All fees and expenses recovered at or for the 5hvlter will remain with the County. 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 Vail, its public works, its police officers andlor their respective officers, agcnts, and employees, so as to facilitate the performance of this Agreement. B. The rendition of Services provided for htreiii, 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, sliall remain in the County. C. All persons employed in the performance of such Services for the Town of Vail, 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 IINSURANCE. A. The County aid the Town shall respectively provide its own 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 insureds under the narned insured's insurance policies. The nmned insured's insurance shall be primary and non-contributory as respects any covered claim against an additional instired arising out of the preinises tar operations of the named insured. .I he parties agree that a claim arising OLIt of the County's enforcement of the 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 Conder 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 terr.nination, ofl b is Agreement. B3 Nothing in this Agreement shall be cons€rued to waive, limit, or othenvis0 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 l of the Colorado Revised Statutes. This paragraph shall survive termination of this Agreement, SECTION 9. TERM AND TERMINATION. A. This Agreement is cffec;tivr,; January 1, 2017, and shall end on the. 3ist day of December, 2017. Either party shall have the right to terminate this agreement with or without cause at any time by giving the other pwiv thirty (30) Clays' prior written notice of termination. Upon termination, the County shall be entitled to compensation for services performed prier to such termination (calCUleated by prorating Elie monthly rate for the number of days the County performed General-knirnal Services and adding, all charges for any additional services, including I'mergency On Call Semices, performed by the County- during that time), and hath parties shall thereafter be relieved of any and all duties and obligations under this Agreement. B. Obligations of the Town of hail and the County, respectively, after the current fiscal year, are contingent Capon hands for the purpose set iarth in this Agreement beim; appropriated, budgeted and otherwise made available. SECTION 10. GENERAL PROVISIONS. A. Notices. All notices, requests, consents, approvals, written instructions, reports or other creep nunication by the Town ref Vail and the County, under this Agreement. shall be in writing and shall be deemed to have been given or served, if delivered or if trailed by certified mail, postage prepaid or hand delivered to the parties as follows: Town of Vail: Town Attorney 75 S. Frontage Road Vail, CO 81657 County of Eagle: Eaalc County Attorney P.O. Box 950 Eagle, CY0 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 sloes not and shall not be deemed to confer upon or grant to any third prart,, any right to claim damages or to bring any Iawsuit, action or other proceedings against either the Town or the County because of any breach he=reof or because of any terms, covenants, agreements or conditions contained herein. C. No modification or waiver of this Agreement or ofany 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, promise, terms, coed itious, or obligations made or entered into either by the: County or the Town other than those contained herein. E. '11is Agreernent shall be binding upon the: respective parties hereto, their successors or assigns and may not be assigned by anyone,vithout the prior written conse=nt of the other respective pa ty hereto. F. All agreements and covenants herein are sevverrsble, 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. Attest: BY: , Clerk to the Board Regina O'Brien Attest: ! fly: TownC 6rk COUNTY OF LAGLE. STATE- OF COLORADO, Hy and Through Its 130ARD OF, COUNTY COMMISSIONERS By: Chair ]illian H. Ryan TOWN OF VAIL P b ACORDM CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD YY) 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 NUMBER 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 Town of Vail INSURER A: CIRSA 01/01/18 INSURER B: 75 South Frontage Road INSURER C: Vail, CO 81657 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 for Animal Control Services. CtK I II -ICA I t HULUtK i I ADDITIONAL INSURED: INSURER LETTER: ti GANGtLLA I IUN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION Eagle County 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 PO Box 850 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. Eagle, CO 81631 AUTHORIZED REPRESENTATIVE USA ACORD 25-S (7/97) AmandaR p ACORD CORPORATION 1988 48894991