No preview available
HomeMy WebLinkAboutC17-022 Town of Minturn Animal Services IGAINTERGOVERNMENTAL AGREEMENT BETWEEN THE COUNTY OF EAGLE, STATE OF COLORADO AND THE TOWN OF MINTURN FOR THE PROVISION OF ANIMAL SERVICES This Agreement made this 10 day of January 2017-- , 2016 by and between the County of Eagle, State of Colorado, a body corporate and politic (the "County") and the Toivn of Minturn, a municipal corporation (the "Town"). WITNESSETH WHEREAS, the Town desires to contract with the County for the performance of the hereinafter described Services on the terms and conditions hereinafter set forth; and WHEREAS, the County agrees to perform such Services oil the terms and conditions hereinafter set forth; and WHEREAS, this Intergovcriiimental Agreement is authorized pursuant to Section 29-1- 201 and :30-11.-101, Colorado Reprised Statutes, as amended, and Axticle XIV. Section. 18, of the Colorado Constitution. AGREEMENT NOW, TIIEREFORE, in consideration of the mutual covenants, conditions and promises contained herein, the parties hereto agree hereby as follows: SECTION 1. TERRITORY COVERED. The Services described herein will be provided within the municipal boundaries of the Town of Minturn. SECTION 2. DEFINITIONS. Emergency Call is defined as a situation involving life safety for a person or pet animal which cannot be defused by local lav enforcement. Emergency On -Cell Service is defined as any Emergoncy Call received by the County for -,vliich 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 Roan, Eagle, Colorado, and my 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 Torun. SECTION 3. SCOPE OF SERVICES. The County agrees to provide General Animal Services and Emergency On -Call Service (collectively, the "Services'-) within the Town of Minturn as follows: A. General Animal Services shall include: i. A minimum of f hours .per month of randomly -scheduled patrols, consisting of inspection tours looking for violations or responding to complaints. 'flic scope of C17-022 these patrols is to be designed to gain valLMtary compliance and uniform administration of the Animal Regulations. ii. Administration and enforcement of Title 8 of the Town of Minturn Municipal Code presently in effect and as may be subsequently amended to apply for the control and licensing of animals within the Town boundaries. Eagle County Animal Services shall be considered the Aninal Control Officer of the Town as defined by Section 7-9-30 of the Town of Minturn Municipal Code. iii. The County shall protide 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 Minturn. iv. Animal sheltering set -vices for animals attributable to the Town, of the nature and quality customarily provided at the Shelter. Animals attributable to the Town are animals impounded -Mthin the Town of Minturn and animals owned by persons dwelling, permanently or temporarily, in the Town of Minturn. B. Emergency on call services shall include: i. Unlcss otherwise arranged in accordance with Section 3 C of this Agreement, Emergency on Call Services will be provided outside normal County business 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 Minturn 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. C. :after Hours Patrolling i. When requested by the Town and approved by the County patrolling will be provided outside of non -nal County business hours. SECTION 4. OFFICIAL ST'A1`US. For the purpose of performing the Services and functions set forth in this agreement, Eagle County Animal Services shall enforce, as the Town's agent, the Townr of Minturn Animal Ordinances relating to animal control and licensing now in effect and as amended. SECTION 5. EQUIPMENT. The County shall furnish and supply, at its scale expense, all necessary labor, supervision, equipzn.ent, motor vehicles, office space, and operating and office supplies necessary to provide the services to be rendered hereunder. SECTION G. COMPI-.NSATION. A. The Town of Minturn agrees to pay the County, monthly, the sum of $400.00 for General Animal Services, B. On Call Emergency Services shall be billed at: 5100.00 per call. C. After Hours Patrolling shall be billed at: $50.00 per hour. D. The Town of Minturn agrees to pair the County on or before the fifteenth clay 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 i'vill remain with the County. F. All court lines 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 Minturn; its public works, its police officers and!or their respective officers, agents, acid 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 Minturn, pursuant to this agreement, shall be County employees, except for Town personnel Used to secure the scene as described. in Section 3. SECTION S, LIABILITY AND INSU1tVNC.E. A. The County and the Town shall respectively provide its own general liability and public oflicials' 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 named insured's insurance policies. `Hae ruined insured's insurance shall be primary and non-contributory as respects any covered claim against an additional insured arising out of the premises or operations of the named insured. The parties agree that a claim arising out 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 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 othenvise modify any governmental immunity that may he available by law to either Darty, 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 21, Article 10, Part 1 of the Colorado Revised Statutes. This paragraph shall survive termination of this Agrceia ent. SECTION 9. TERNI AND `l'ER MINA'rION. A. Tris Agreement is effective January 1, 2017, and shall end on the 31st day of December, 2017, Either party shall have the right to terminate this agreement with or without cause at any time by giv in- the other party thirty (3 0) days' prior written notice of termination. Upon termination, the County shall be entitled to compensation for services peaformed prior to such termination (calculated by prorating time monthly rate for the number of days the County performed general Animal Services and adding all charges for any additional services, including Emergency On Calf Services, performed by the County during that time), and both parties shall thereafter be relioved of any and all duties and obligations under this Agreement. B. Obligations of the Town of Minturn 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 Minturn and the County, under this Agrecrncnt, 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 of Minturn: Town Manager P.D. Box 390 Minturn. CO 81.645 County of Eagle: Eagle County Attorney P.O. Box 850 Eagle, CO 81531 Either party may change time 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 modificationor waiver of this Agreement orof any covenant, condition., or provision herein contained shall be valid unless in writing and duly executed by fire party to be charged therewith. D. This written Agreement embodies the whole agreement between the parties hereto and there are no inducements, prornises, 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 tho 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 he interpreted as if such invalid Agreement or covenant were not contained herein. IN WITH -ESS WI -f ✓REOr,, the parties hereto have executed this Agreement the day and year first above w7-itten. Attest: .By: ,,«..==..ea.a a�..... a 3 , Clerk to the Board Regina O'Brien Attest: By:______ .ekye•r„ .e...'"•. 4QLJ1 •tl3 964 . COUNTY OF EAGLE, STATE, OF COLORADO, By and Through Its 130ARD OF COUNTY COMMISSIONERS BY KLL'�rze����- Chair Jillian H. Ryan TOWN OF MIN'rURN V11/404 ORD,., CERTIFICATE CF LIABILITY INSURANCE 017E5/20017 fl1,05,2017 PRODUCER L=C #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 Minturn INSURER A: CIRSA 01/01/18 INSURER B: PO Box 309 INSURER C[ INSURER D: Minturn, CO 81645 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 LTRA TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS GENERAL LIABILITY LIAB 01-2017 01/01/17 01/01/18 EACH OCCURRENCE $10,000,000 FIRE DAMAGE (Any ane lire) $ 10, 000, 000 X COMM ERC [A L G EN E RAL LIABILFFY X CLAIMS MADE F7 OCCUR MED EXP (Any ane person) $ 0 PERSONAL &ADV INJURY $10,000,000 X $10m POL E&O Aggregate GENERAL AGGREGATE $ G EN'L AGG R EGAT E LIMIT APPLIES PER, PRODUCTS-CCMPIOP AGG $ 10, 000, 000 POLICY PRO LOC A AUTOMOBILE X LIABILITY ANY AUTO LIAB 01-2017 01/01/17 01/01/18 COMBINED SINGLE LIMIT (Ea aoc ide nt ) $5,000,000 BODILY INJURY (Per person) ALL OWNED AUTOS SCHEDULED AUTOS $ BODILY INJURY (Per accident) H IR ED A UTOS NON -OWNED AUTOS 1 PROPERTY DAMAGE (Per aoc ide nt ) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY, AGG EXCESS LIABILITY EACH OCCURRENCE $ OCCUR FICLAIMS MADE AGGREGATE $ $ $ DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATION AND STMIT OT TORY LIMIT ORI EMPLOYERS' LIABILITY E. L. EACH ACCIDENT $ E. L. DISEASE -EA EMPLOYE E $ E. L. DISEAS E- POLICY UMIT $ OTHER a a s DESCRIPTION OF 0PERATION&LOCATION&VEHICLES/EXCLUSIONS ADDED BY EN DORSEMENTISPECULL PROVISIONS Certificate Holder is Additional Insured on Liability Policies if required by contract. With respects to the contract between The Town of Minturn and Eagle County, for Animal Control Services. All policies are primary and non-contributory with respects to any insurance carried by the certificate holder and contains a severability of interest provision. CERTIFICATE HOLDER Ix ADDITIONAL INSURED; INSURER LETTER: A CANCELLATION SHOULDANY 0F THE ABOVE DESCRIBED POLICIES BECANCELLED BEFORE THE EXPIRATION County of Eagle - Eagle County Animal Control 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 Animal Field Services P. O. 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 (7197) DColeman ® ACORD CORPORATION 1988 48881654 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 01/05/2017 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 Minturn X COMMERCIAL GENERAL LIABILITY INSURER B: PO Box 309 INSURER C: Minturn, CO 81645 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. With respects to the contract between The Town of Minturn and Eagle County, for Animal Control Services. All policies are primary and non-contributory with respects to any insurance carried by the certificate holder and contains a severability of interest provision. 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 County of Eagle - Eagle County Animal Control 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 Animal Field Services IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR P. O. Box 850 REPRESENTATIVES. Eagle, CO 81631 AUTHORIZED REPRESENTATIVE USA ACORD 25-S (7/97) DColeman p ACORD CORPORATION 1988 48881654