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HomeMy WebLinkAboutC23-355 IGA_Town of Gypsum_animal servicesINTERGOVERNMENTAL AGREEMENT BETWEEN THE COUNTY OF EAGLE, STATE OF COLORADO AND THE TOWN OF GYPSUM FOR THE PROVISION OF ANIMAL SERVICES This Agreement made on _______________, by and between the County of Eagle, State of Colorado, a body corporate and politic (the "County") and the Town of Gypsum, 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 Sections 29-1-1203 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 Gypsum. 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 Animal Services Officer is on duty to respond. “Shelter” means the Eagle County Animal Shelter located at 1400 Fairgrounds Road, Eagle, Colorado, and any other shelter facility operated or designated by County. DocuSign Envelope ID: E10DA73D-13F3-498C-A951-ED4AD8F48CBF 11/14/2023 2 “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 Gypsum as follows: A. General Animal Services shall include: i. 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 Gypsum Animal Ordinance as defined below. ii. Administration and enforcement of Title 6 of the Town of Gypsum Municipal Code (“Town of Gypsum Animal Ordinance”) 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 Animal Control Officer of the Town as defined by Section 6.02.010 of the Town of Gypsum 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 Gypsum. 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 Gypsum and animals owned by persons dwelling permanently or temporarily in the Town of Gypsum. B. Emergency On-Call Services shall include: i. Unless 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 Gypsum 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. DocuSign Envelope ID: E10DA73D-13F3-498C-A951-ED4AD8F48CBF 3 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 Gypsum 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 Gypsum agrees to pay the County, monthly, at the following amounts: a. January 1, 2024 through December 31, 2026: $8170.00/month B. The Town of Gypsum 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 Gypsum, 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 officers, and other matters incident to the performance of such services and the control of personnel so employed, shall remain with the County. C. All persons employed in the performance of such Services for the Town of Gypsum, 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 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 DocuSign Envelope ID: E10DA73D-13F3-498C-A951-ED4AD8F48CBF 4 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. 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. 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, 2024, and shall end at 11:59 p.m. on the 31st day of December, 2026. 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 Gypsum 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 Gypsum and the County under this Agreement shall be in writing and shall be deemed to have been given or served if delivered or mailed by certified mail, postage prepaid or hand delivered to the parties as follows: Town of Gypsum: Town Manager P.O. Box 130 Gypsum, CO 81637 DocuSign Envelope ID: E10DA73D-13F3-498C-A951-ED4AD8F48CBF 5 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 10.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 and 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. [remainder of page intentionally left blank] DocuSign Envelope ID: E10DA73D-13F3-498C-A951-ED4AD8F48CBF 6 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 By: ______________________________ Kathy Chandler-Henry, Chair Attest: By: _________________________________ Regina O’Brien, Clerk to the Board TOWN OF GYPSUM By: ______________________________ Steve Carver, Mayor Attest: By:___________________________________ Becky Close, Town Clerk DocuSign Envelope ID: E10DA73D-13F3-498C-A951-ED4AD8F48CBF 7 EXHIBIT A CERTIFICATE OF INSURANCE DocuSign Envelope ID: E10DA73D-13F3-498C-A951-ED4AD8F48CBF SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME: CONTACT (A/C, No): FAX E-MAIL ADDRESS: PRODUCER (A/C, No, Ext): PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES 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). 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. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD 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. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT ER OTH- STATUTE PER LIMITS(MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) POLICY EFF POLICY NUMBERTYPE OF INSURANCELTR INSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 1-303-757-5475 Town of Gypsum CIRSA 10,000,000 5,000,000 01/01/23 10,000,000 Gypsum, CO 81637 X Eagle County Attorney X USA by the certificate holder. law enforcement services. All policies are primary and non contributory with respect to any insurance carried With respects to the IGA's between the Town of Gypsum and Eagle County for the provision of animal services and Certificate Holder is Additional Insured on Liability Policies if required by contract. PO Box 130 Eagle, CO 81631 X 10,000,000 LIAB 01-2023 CIRSA X $10m POL E&O Aggregate A 01/05/2023 A LIC #N/A 67609006 67609006 01/01/24 3665 Cherry Creek North Drive 0 01/01/23 01/01/24 Denver, CO 80209 PO Box 850 County of Eagle 10,000,000 LIAB 01-2023 Moniquef DocuSign Envelope ID: E10DA73D-13F3-498C-A951-ED4AD8F48CBF