HomeMy WebLinkAboutC18-043 Town of MinturnFIRST AMENDMENT TO INTERGOVERNMENTAL AGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND THE TOWN OF NUNTURN FOR COOPERATIVE LAW ENFORCEMENT SERVICES THIS FIRST AMENDMENT ("First Amendment") is effective as of _02/20/2018 _by and between the Town of Minturn, Colorado, a municipal corporation, by and through its Town Council (the "Town) and Eagle County, Colorado, a body corporate and politic, by and through its Board of County Commissioners (the "County'). RECITALS WHEREAS, County and the Town entered into an Intergovernmental Agreement dated the P day of August, 2014, for Cooperative Law Enforcement Services (the "IGA"); and WHEREAS, County and Town desire by this First Amendment to revise certain terms of the IGA. FIRST AMENDMENT NOW THEREFORE, in consideration of the foregoing and the mutual rights and obligations as set forth below, the parties agree as follows: 1. Article V of the IGA shall be amended by the addition of the fallowing: C. The County and the Town shall each 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-conlrributory as respects any covered claim against an additional insured arising out of the premises or operations of the named insured. Except for acts or omissions that are willful and wanton or which constitute gross negligence by the County, its agents, officers, or employees, 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. 2. Capitalized terms in this First Amendment will have the same meaning as in the IGA. To the extent that the terms and provisions of the First Amendment conflict with, modify or supplement portions of the IGA, the terms and provisions contained in this First Amendment shall govern and control the rights and obligations of the parties. C 18-043 3. Except as expressly altered, modified and changed in this First Amendment, all terms and provisions of the IGA shall remain in full farce and effect, and are hereby ratified and confirmed in all respects as of the date hereof. 4. This First Amendment shall be binding on the parties hereto, their heirs, executors, successors, and assigns. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the IGA the day and year first above written. Attest: Attest: Regina O'Brien Clerk to the Board to Town COUNTY OF EAGLE, STATE OF COLORADO, by and through its BOARD OF COUNTY COMMISSIONERS =.00 0 By: „ 3,3o„3d,eza az z=,ao Kathy Chandler -Henry, Chair TOWN OF MINTURN, STATE OF COLORADO by and through its TOWN COUNCIL By: Matt Sch , M. LC,7 James Van Beek, Eagle County Sheriff 17CORDn. CERTIFICATE OF LIABILITY INSURANCE DDIYY] DA/12/2018 0Z12�2 PRODUCER LIC $IP/A 1-303-757-5475 CIRSA THIS CERTIFICATE 1S ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 3665 Cherry Creek North Drive ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. POLICY EXPIRATION Beaver, CO 80209 INSURERS AFFORDING COVERAGE INSURED Tcvm of Minturn INSU RERA: CTR SA 01/01/18 01/01/19 INSURER B: INSURER C: PO Box 309 INSURER D: Minturn, CO 81645 NSURER 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 1S SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS A GENERAL LIABILITY LIAB 01-2018 01/01/18 01/01/19 OCCURRENCE $ 10,000,000 -EACH FIRE DAMAGE (Any one fire) $ 10; 000, GOO X COMMERCIAL GENERAL LIABILITY MED EXP (Arty one pamon] $ 0 X CLAIMS MADE FIOCCUR PERSONAL &APV INJURY $10,000,000 IC $lOm POL E&O Aggregate GENERAL AGGREGATE S GE N'L AGG REGATE LI M IT APPLIES PER: PRODUCTS - CON PIOPAGG $10,000,000 POLICY IF�PRO- LOC A AUTO X MO BILELMILITY ANY AUTO LIAR 01-2018 01/01/18 01/01/19 COMBINED SINGLE LIMIT $5,000,000 (Ea accident) BODILY INJURY (Per person) $ ALL OWNED AUTO$ SCHEDULEDAUTOS BODILY INJURY $ (Per aocEden [] HIRED AUTOS NON -OW N E P AUTOS PROPERTY DAMAGE $ (Per mdden [] GARAGE LIABILITY AUTO ONLY- EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO AUTO ONLY: AGG S EXCESS LIABILITY EACH OCCURRENCE $ AGGREGATE $ OCCUR CLAIMS MADE $ $ DEDUCTIBLE $ RETENTION $ WC STATU- OTH- WORKERS COMPENSATION AND Ry LIMITS E.L. EACH ACCIDENT S EMPLOYERS' LIABILITY E.L. DISEASE -EA EMPLOYE S E.L.DISEASE-POLICYL10T 5 OTHER $ s s DESCRIPTION OF OPERATIC NSILOCATIONSIVEHICLESIEXCLUSIONSAll DEC BY EN DORS EMENTISPRO LAL_ PROM 51DNS Certificate Holder is Additional Insured on Liability Policies if required by contract. As respects to the Law Enforcement. Services Agreement between the Town of Minturn and Eagle County Sheriff?e Office. L;hK I IFII;A I t i fULLItFI ADDITIONAL INSURED; INSURER LETTER: L1MIYL r_L.1_M1 "1* SHOULD ANY OF THEA13OVE DESCRIBED POLICIES BE: CANCELLED BEFORE THE EXPIRATION Eagle County Sheriff's Office 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 SC SHALL Mike McWilliam IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR 850 Broadway REPRESENTATIVES. y� Eagle, CO 81620 AUTHORIZED REPRESENTATIVE y� USA ACORD 25•S (7197) M❑niquef G ACORD CORPORATION 1988 51889585 ACS o® CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYYYY)2/2s/2o1s 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 rights to the certificate holder in lieu of such endorsement(s). PRODUCER Arthur J. Gallagher Risk Management Services, Inc. 6300 South Syracuse Way, Suite 700 Centennial CO 80111 CONTNAME: Anita Bruner PHONE 303-889-2574 FAX 303-889-2575 AIC No E-MAIL ADDRE s: anita_bruner@ajg.com INSURERS AFFORDING COVERAGE NAIC # Y INSURER A: Colorado Counties Casualty & Property Pool PER PARTICIPATION CERT 1/1/2018 INSURED INSURERB:Arch Insurance Company 11150 Eagle County INSURER C:Pennsylvania Manufacturers Assoc Ins Co 12262 P.O. Box 850 Eagle, CO 81631 INSURER D: DAMAGES ( RENTED PREMISES Ea occurrence $ MED EXP (Any one person) INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 617383808 REVISION NUMBER: 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. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY Y PER PARTICIPATION CERT 1/1/2018 1/1/2019 EACH OCCURRENCE $250,000 X CLAIMS -MADE 1:1 OCCUR DAMAGES ( RENTED PREMISES Ea occurrence $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $250,000 AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ GEN'L POLICY ❑ PRO- JECT [:]LOC PRODUCTS - COMP/OP AGG $250,000 $ OTHER: A AUTOMOBILE LIABILITY PER PARTICIPATION CERT 1/1/2018 1/1/2019 COMBINED SINGLE LIMIT Ea accident $ 250,000 BODILY INJURY (Per person) $ X ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ xAUTOS HIRED NON -OWNED ONLY X AUTOS ONLY PROPERTY DAMAGE Per accident $ $ X Claims Made C UMBRELLA LIAB OCCUR Y 82180000951483. 1/1/2018 1/1/2019 EACH OCCURRENCE $10,000,000 AGGREGATE $10,000,000 X EXCESS LIAB X CLAIMS -MADE DED X RETENTION $250,000 $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE WCX005783203 12/31/2017 12/31/2018 X PER OTH- STATUTE ER E.L. EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? ❑ N / A E.L. DISEASE - EA EMPLOYEE $1,000,000 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $1,000,000 A C Public Officials E & O Public Officials E & O PER PARTICIPATION CERT 821800951483 1/1/2018 1/1/2018 1/1/2019 1/1/2019 Each Wrongful Act $ 250,000 Each Wronful Act $ 10,000,000 Aggregate $10,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) WC SIR $875,000 Town of Minturn, its officers, employees and agents are an Additional Insured as respects general liability and excess liability policies, pursuant to and subject to the policies' terms, definitions, conditions and exclusions. The insurance provided in the General Liability and Excess Liability policies is primary and any other insurance shall be excess only, and not contributing. RE: First amendment to Intergovernmental Agreement between Eagle County, Colorado and the Town of Minturn, for cooperative Law Enforcement services. CERTIFICATE HOLDER CANCELLATION ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Town of Minturn THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN PO Box 309 ACCORDANCE WITH THE POLICY PROVISIONS. Minturn CO 81645 AUTHORIZED REPRESENTATIVE _Ct� ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 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 02/26/2016 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 01-2018 01/01/18 01/01/19 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 01-2018 01/01/18 01/01/19 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 to the Law Enforcement Services Agreement between the Town of Minturn and Eagle County Sheriff's Office. 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, its officers, employees, and agents 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 850 Broadway IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. Eagle, CO 81620 AUTHORIZED REPRESENTATIVE USA ACORD 25-S (7/97) Moniquef p ACORD CORPORATION 1988 52159202