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HomeMy WebLinkAboutC18-006 Town of Vail IGAINTERGOVERNMENTAL AGREEMENT BETWEEN THE COUNTY OF EAGLE, STATE OF COLORADO AND THE TOWN OF VAIL FOR THE PROVISION OF ANIMAL SERVICES This Agreement made this 01/09/2018 , by and between the County of Eagle, State of Colorado, a body corporate and politic (the "County") and the Town of Vail, 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 30-11-101, 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 Vail. 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 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 Eagle County Animal Services Officer is on duty to respond as more thoroughly described below. "Shelter" means the Eagle County Animal Shelter located at 1400 Fairgrounds Road, Eagle, Colorado, and any other shelter facility operated or designated by County. C18-006 "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. 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 Vail as follows: A. General Animal Services shall include: Randomly -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 Town of Vail Animal Ordinance as defined below. ii. Administration and enforcement of Title 6 of the Town of Vail Municipal Code ("Town of Vail Animal Ordinance") presently in effect and as may be subsequently amended to apply for the control and licensing of animals within the Town boundaries. The Eagle County Animal Services Officer shall be considered the Animal Control Officer of the Town as defined by Section 6.4.2 of the Town of Vail Municipal 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 Vail. iv. 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 Vail and animals owned by persons dwelling, permanently or temporarily, in the Town of Vail. B. Emergency On Call Services shall include: i. Unless otherwise arranged in accordance with Section 3.0 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 Vail 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 normal County business hours. SECTION 4. OFFICIAL STATUS. 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 Town of Vail 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 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 Vail agrees to pay the County, monthly, at the following amounts: 1. January l through December 31, 2018: $3645.00/month 2. January 1 through December 31, 2019: $3990.00/month 3. January l through December 31, 2020: $4335.00/month B. The Town of Vail agrees to pay the County on or before the fifteenth day of each month for all Services rendered the previous month. C. All fees and expenses recovered at or for the Shelter will remain with the County. D. 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 and/or their respective officers, agents, and employees, so as to favi l itate 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 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 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 10, Part 1 of the Colorado Revised Statutes. This paragraph shall survive termination of this Agreement. SECTION 9. TERM AND TERMINATION. A. This Agreement is effective January 1, 2018, and shall end at 11:59 p.m. on the 31st 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 (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 Services), and both parties shall thereafter be relieved of any and all duties and obligations under this Agreement. B. Obligations of the Town of Vail 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. [the rest of this page is intentionally blank] SECTION l a. GENERAL PROVISIONS. A. Notices. All notices, requests, consents, approvals, written instructions, reports or other communication by the Town of 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 mailed 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: Eagle County Attorney P.Q. 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. Attest: By: Regina O'Brien, Clerk to the Board Attes .�" By:_ Taw Cle or A ORATEa COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS I: Kathy Chandler -Henry, Chair TOWN OF VAIL Mayor ,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 cNAONMEA'C'r 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 r RENTED $ PRTO MURERA: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 WSURER F COVFRAAFS r_FRTIFIr ATF NIIMRFR- 1133876607 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 POLICY NUMBER DDl MIDDIYY LIMITS A X COIANERCIALGENERAL LIABILITY Y PER PARTICIPATION CERT 1/1/2017 1!1!2018 EACH OCCURRENCE $250,000 X CLAIMSMADE OCCUR r RENTED $ PRTO MED EXP (Anyone ) $ PERSONAL&ADV INJURY $250,000 GENERAL AGGREGATE $ GE NTAGGREGATE LIMIT APPLIES PER: POLICY PRO- JECT LOC PRODUCTS - COMPIOP AGG $250,000 $ OTHER: A AUTOMOBILE LIABILITY PER PARTICIPATION CERT I/I=17 I/I=18 COMBIN EDIN LE LIMIT $250 X ANY AUTO BODILY INJURY [Per person] $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY [ Per aorJdent] $ HIRED NON -OWNED X AUTOS ONLY X AUUTOS ONLY — PROPERTY DAMAGE $ Per dCCldent $ X Claims Made B X UMBRELLA LIAROCCUR 791 0003550006 1/1/2017 1!1!2018 EACH OCCURRENCE $10,000,000 AGGREGATE $10,000,000 EXCES$ 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 OFFICERIMEMRER 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 Vail Police Department THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 75 S. Frontage Rd. ACCORDANCE WITH THE POLICY PROVISIONS. Vail CO 81657 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 C 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 Vail 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 ORD,., CERTIFICATE CF LIABILITY INSURANCE 2/28 200!YY) 12/28/2017 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 Vail INSURER A: CIRSA 01/01/18 INSURER B: 75 South Frontage Road INSURER C: INSURER ❑: Vail, CO 81657 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 $ GEVIL AGG REGATE 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 ORI TORY LIMIT EMPLOYERS' LIABILITY E. L. EACH ACCIDENT $ E. L. DISEASE -EA EMPLOYE E $ E. L. DISEAS E- POLICY UMIT $ OTHER S S S DESCRIPTION OF OPERATIONS+LOCATION&VEHICL E&EXCLUSIONS ADDED BY EN DORSEMENTISPECULL PROVISIONS Certificate Holder is Additional Insured on Liability Policies if required by contract. As respects to the animal contract services agreement between the Town of Vail and Eagle County. All policies are primary & non-contributory with respects to any insurance carried by the certificate holder. 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. CERTIFICATE HOLDER Ix ADDITIONAL INSURED; INSURER LETTER: A CANCELLATION SHOULDANY 0F THE ABOVE DESCRIBED POLICIES BECANCELLED 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 Nathan Lehnert 1900 Fairgrounds Road 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) MoniqueL ® ACORD CORPORATION 1988 51764261