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HomeMy WebLinkAboutC18-004 Town of Avon IGAINTERGOVERNMENTAL AGREEMENT BETWEEN THE COUNTY OF EAGLE, STATE OF COLORADO AND THE TOWN OF AVON FOR THE PROVISION OF ANIMAL SERVICES This Agreement made this Ian day of T.G0 mbC { , 2017 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 Services 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 authorized pursuant to Section 29-1- 201 and 30-11401, 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 Services described herein will be provided within the municipal boundaries of the Town of Avon. SECTION 2. DEFINITIONS. "Eagle County Animal Services Officer" is defined as an employee of the County who performs tasks to provide services, among other tasks, described in this agreement. "Emergency On -Call Service" is defined as: times when Town of Avon law enforcement needs to transfer custody of a domestic animal from the Town to Eagle County Animal Services while the Shelter is closed. "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 part thereof during which an unclaimed animal is confined in Shelter on behalf of the Town. C18-004 SECTION 3. SCOPE OF SERVICES. The County agrees to provide Services as follows: A. General Animal Services shall include: i. 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 domestic animals taken into custody within the Town of Avon and domestic animals owned by persons dwelling, permanently or temporarily, in the Town of Avon. The Town is responsible for transporting such domestic animals to the Shelter or other mutually agreed upon location to take custody of a domestic animal. The County only provides sheltering services once the animal is transferred to the Shelter. ii. 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, number of animals sheltered and number of Unclaimed Days as they apply to the Town of Avon. B. Emergency On -Call Services shall include: Response by Eagle County Animal Services Officer to the Shelter or other mutually agreed upon location to take custody of a domestic animal outside of Shelter hours from the Town. SECTION 4. 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 5. COMPENSATION. A. The Town of Avon agrees to pay the County, monthly, the sum of $1,500.00 for General Animal Services. B. Emergency On -Call Services shall be billed at: $100.00 per call. 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 Services rendered the previous month. D. All fees and expenses recovered at or for the Shelter will remain with the County. E. All court fines and costs will remain with the court of venue. SECTION 6. PERSONNEL. A. 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. B. The rendition of Services provided for herein, the standards of performance, the discipline of staff, 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 Avon, pursuant to this agreement, shall be County employees. SECTION 7. LIABILITY AND INSURANCE. A. The County and 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 named insured's insurance policies. The named 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 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 la, Part 1 of the Colorado Revised Statutes. This paragraph shall survive termination of this Agreement. SECTION 8. TERM AND TERMINATION. A. This Agreement is effective January 1, 2018, and shall end at 11:59 p.m. on the 31 st day of December, 2020, Either party shall have the right to terminate this agreement with or without cause at any time by giving the other party thirty Q0) 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. 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 9. GENERAL PROVISIONS. A. Notices. All notices, requests, consents, approvals, written 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 of Avon: 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 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. 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 BOARD OF COUNTY COMMISSIONERS dillian H. Ryan, Chair Attest: BY: L��30���� Regina O'Brien, Clerk to the Board FUSY51IN2 Attest: By: �. Town Clerk 'a ORD,., CERTIFICATE CF LIABILITY INSURANCE 117E4/20117 11,14,2017 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 Avon INSURER A: CIRSA 01/01/18 INSURER B: PO Box 975 INSURER C[ INSURER ❑: Avon, CO 81620 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 aocident) 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 ORI TORY LIMIT EMPLOYERS' LIABILITY E. L. EACH ACCIDENT $ E. L. DISEASE -EA EMPLOYE E $ E. L. DISEAS E- POLICY UMIT $ OTHER a a a DESCRIPTION OF OPERATIONS+LOCATION&VEHICL E&EXCLUSIONS ADDED BY EN DORSEMENTISPECI L PROVISIONS Certificate Holder is Additional Insured on Liability Policies if required by contract. With respects to the IGA's between the Town of Avon and Eagle County for the provision of animal services. CERTIFICATE HOLDER Ix ADDITIONAL INSURED; INSURER LETTER: A CANCELLATION SHOULDANY 0F THE ABOVE DESCRIBED POLICIES BECANCELLED BEFORE THE EXPIRATION County of Eagle DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLIER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Eagle County Atto=my IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR PO Box 850 REPRESENTATIVES. Eagle, CO 81631 AUTHORIZED REPRESENTATIVE �. USA ACORD 25-5 (7197) monigwf ® ACORD CORPORATION 1988 51371332 ,a CCW"® CERTIFICATE OF LIABILITY INSURANCE DATE {Ml�u DDrrvvvl CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, 1 11/9/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rig hts to the certificate holder in lieu of such endorsement(s). PRODUCER REACT Anita Bruner Arthur J. Gallagher Risk Management Services. Inc. PHONE 303 889 25?4 FAX 3fl3 889-2575 6300 South Syracuse Way, Suite 700 ADDRLF s: anita bruner@ajg.00m Centennial CO 80111 INSURER AFFOR NG COVERAGE NAIL 0 PRES [ Eaocourrenoel RENTED $ WURERA:Golorado Counties Casualty & Property Pool INSURER a -Atlantic Spec ialtInsurance Co mpany 27154 INSURED Eagle County INISURER C -Arch Insurance Company 11150 P.O. Box 850 INSURER D:County Worker's Compensation Pool Eagle, CO 81 631 PERSONAL&ADV INJURY $250,000 INSURER E:Lexington Insurance Company 194.37 INSURER F COVFRAAFS r_FRTIFIr ATF NIIMRFR- 531 91 21 92 RFVISIr]N NIIMRFR- THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. WS R AUDE TYPE OF SUB POLICY EFF POLICY EXP LTR N D WVD POLICYNWBER DDl MIDDIYY LIMITS A X COIANERCIALGENERAL LIABILITY Y PER PARTICIPATION CERT 1/1/2017 1!1!2018 EACH OCCURRENCE $250,000 X CLAIMSMADE OCCUR PRES [ Eaocourrenoel RENTED $ MED EXP (Anyone ) $ PERSONAL&ADV INJURY $250,000 GENERAL AGGREGATE $ GE NTAGGREGATE LIMIT APPLIES PER: PRO-JECT LOC POLICY PRODUCTS - COMPIOP AGG $250,000 $ OTHER: A AUTOMOBILE LIABILITY PER PARTICIPATION CERT 111=17 111=18 COMBIN EDIN LE LIMIT $250 X ANY AUTO 00DILY INJURY [Per person] $ OWNED SCHEDULED AUTOS ONLY AUTOS ®COALY INJURY [ Per aorJdent] $ HIRED NON -OWNED X AUTOS ONLY x AUTOS ONLY PROPERTY OAMA E $ Per dCCldent $ X Claims Made B X UMBRELLA LIAROCCUR 791 0003550006 1/1/2017 1!1!2018 EACH OCCURRENCE $10,000,000 AGGREGATE $10,000,000 EXCESS UABX CLAIMS -MADE DED X I RETENTION $250,000 $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y 1 N ANY PROPRIETORIPARTNERIEXECUTI VE WCX005783202 12/31/2016 12131!2017 ER X PTA TE OERTH- E.L. EACH ACCIDENT $1,000,000 OFFICERIMEMBER EXCLUDED? ❑ N1 A E.L. DISEASE - EA EMPLOYEE $1,000,000 (Mandatary In NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $1,000,000 D County Workers' Comp Pool A Prop, Mob Eq, Auto PD, X5 E Excess Property PER PARTICIPATION CERT. 12J3112D16 PER PARTICIPATION CERT 1/1/2017 020412751 1/1/2017 12/31/2017 1/1/2018 DEDUCTIBLE $5 DO $ 150, DOD 1/1/2018 BLANKET BLDG & PP $100,000,000 DESCRIPTION OF OPERATIONS 1 LOCATIONSVEHICLES {ACORD 101, Additional Remarks Schedule, may be a[Lac hed II more space is required) WC SIR: $875.000 See Attached... CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Avon Police Department THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN P.O. Box 975 ACCORDANCE WITH THE POLICY PROVISIONS. Avon CO 81620 AUTHO�RQED REPRESENTATIVE ©19$$-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016,'03) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: LOC #: A Rpm ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY Arthur J. Gallagher Risk Management Services, Inc. NAMED INSURED Eagle County P.O. Box 850 Eagle, CO 81631 POUCYNIUMBER CARRIER NAIL CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE Excess Property: Carrier: Lexington Insurance Company Policy #020412751 Policy Term: 01/01/2017 to 01/01/2018 $100,000,000 Loss Limit - Excess Property/ Real & Personal Property (All Risk) including Equipment Breakdown $5,000,000 Each Occurrence/Annual Aggregate - Flood, Zone A $50,000,000 Each Occurrence/Annual Aggregate - Flood, all other Zones $50,000,000 In the Aggregate as respects all flood loss combined $25,000,000 Each Occurrence/Annual Aggregate Earthquake $100,000 Business Income (Includes Rental Income) $150,000 Deductible All Perils 1 $5,000 deductible Equipment Breakdown except $10,000 applies to Snake River Waste Water Treatment Facility in Dillon, CO Carrier 'D: CWCP is a qualified Self Insured Pool and is reinsured by Carrier G RE: Evidence of Insurance; Intergovernmental Agreements for 2018 - Animal Services being provided by Eagle County to the towns of Vail, Minturn, Red Cliff, Avon, Eagle and Gypsum. Avon Police Department is an Additional Insured as respects general liability policy, pursuant to and subject to the policy's terms, definitions, conditions and exclusions. ACORD 101 (2008.'01) Q 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD