HomeMy WebLinkAboutC23-105 IGA Town of Avon-animal servicesDocuSign Envelope ID: 6008781 F-D811-4C87-8514-51`1`531`446965 INTERGOVERNMENTAL AGREEMENT BETWEEN THE COUNTY OF EAGLE, STATE OF COLORADO AND THE TOWN OF AVON FOR THE PROVISION OF ANIMAL SERVICES This Agreement made this 3/29/2023 , 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 30-11-101, 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 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. DocuSign Envelope ID: 6008781 F-D811-4C87-8514-5FF53F44B965 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 following amounts for General Animal Services: a. January 1, 2023 through December 31, 2023: $1,500.00/month 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. DocuSign Envelope ID: 6008781 F-D811-4C87-8514-5FF53F44B965 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 10, 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, 2023, and shall end at 11:59 p.m. on the 31st day of December, 2023. 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 DocuSign Envelope ID: 6008781 F-D811-4C87-8514-5FF53F44B965 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. DocuSign Envelope ID: 6008781 F-D81 1-4C87-8514-5FF53F44B965 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. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS DocuSigned by: By. Kathy Chandler -Henry, Chair Attest: DocuSigned by: By: 0 m.- Regina O'Brien, Clerk to the Board TOWN OF AVON DocuSigned by: By: Name: Amy Phillips Title: Mayor of Avon APPROVED AS TO FORM: LDocuSigned by: Karl Hanlon, Town Attorney DocuSign Envelope ID: 6008781F-D811-4C87-8514-5FF53F44B965 S. CERTIFICATE OF LIABILITY INSURANCE of/05/2023 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 LIC #N/A 1-303-757-5475 CONTACT NAME: CIRSA PHONE FAX A/C No Ext : A/C No), E-MAIL 3665 Cherry Creek North Drive ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURERA:CIRSA Denver, CO 80209 INSURED INSURER B : Town of Avon INSURER C INSURER D PO Box 975 INSURER E INSURERF: Avon, CO 81620 COVERAGES CERTIFICATE NUMBER: 67609794 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/DDIYYYY POLICY EXP MM/DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY LIAB 01-2023 01/01/23 01/01/24 EACH OCCURRENCE $ 10,000,000 X CLAIMS-MADE1:1 OCCUR PREM SESDAMIEOEa..REITence $ 10,000,000 X MED EXP (Any one person) $ 0 $10m POL E&O Aggregate PERSONAL & ADV INJURY $ 10,000,000 GEML AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY ❑ PRO - POLICY ❑ LOC PRODUCTS - COMP/OPAGG $ 10,000,000 $ OTHER: A AUTOMOBILE LIABILITY LIAB 01-2023 01/01/23 01/01/24 COMBINEDSINGLE LIMIT Ea accident $ 5,000,000 X BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY L $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN PER OTH- STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? ❑ N/A (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Certificate Holder is Additional Insured on Liability Policies if required by contract. As respects IGA for Animal Control Services. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Eagle County Animal Shelter & Services THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Nathan Lehnert 1400 Fairgrounds Rd. AUTHORIZED REPRESENTATIVE Eagle, CO 81631 L 7c�/ USA / ACORD 25 (2016/03) Moniquef 67609794 ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID: 6008781F-D811-4C87-8514-5FF53F44B965 / A� " CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDYYY) IY1/13/2023 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, LLC 6300 South Syracuse Way Suite 700 Centennial CO 80111 CONTACT NAME: Nathan Kathol PHONE FAX AIC No Ext : 303-889-2532 A/c No), ADDRESS: Nathan_Kathol@ajg.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Travelers Indemnity Company 25658 INSURED EAGLCOU-04 INSURER B : Eagle County, Colorado P.O. Box 850 INSURER C : INSURER D : 500 Broadway INSURER E : Eagle CO 81631 INSURER F : COVERAGES CERTIFICATE NUMBER:795487026 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/DDIYYYY POLICY EXP MM/DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY ZLP91N37268 1/1/2023 1/1/2024 EACH OCCURRENCE $1,000,000 F —V� CLAIMS -MADE OCCUR DAMAGE TO PREMISES(E. occur ante)$ 300,000 MED EXP (Any one person) $ Excluded PERSONAL & ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $1,000,000 POLICY ❑ PRO- JECT E]LOC X PRODUCTS - COMP/OP AGG $ 1,000,000 $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY L $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N PER OTH- STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? ❑ N/A E.L. DISEASE - EA EMPLOYEE $ (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: Avon Recreation Center Town of Avon is an Additional Insured as respects General liability policy, pursuant to and subject to the policy's terms, definitions, conditions and exclusions. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Town of Avon ACCORDANCE WITH THE POLICY PROVISIONS. Avon Recreation Center PO Box 975 AUTHORIZED REPRESENTATIVE Avon CO 81620 USA �. ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD