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HomeMy WebLinkAbout2009-27 IGA with Eagle County for Animal Control Services for 2010 RESOLUTION NO. 27 Series of 2009 A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF VAIL AND THE COUNTY OF EAGLE FOR ANIMAL CONTROL SERVICES; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town of Vail (the "Town "), in the County of Eagle and State of Colorado is a home rule municipal corporation duly organized and existing under the laws of the State of Colorado and the Town Charter (the "Charter "); and WHEREAS, the members of the Town Council of the Town (the "Council ") have been duly elected and qualified; and WHEREAS, THE Town and the County of Eagle (the "County") wish to enter into an Intergovernmental Agreement (the "IGA ") authorizing the County to provide animal services within the Town limits; and WHEREAS, the Council considers it in the interest of the public health, safety and welfare to provide animal control services; and WHEREAS, the Council's approval of Resolution No. 27, Series 2009, is required to enter into an IGA. NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. The Council hereby approves and authorizes the Town Manager to enter into the IGA with the County for animal control services, in substantially the same form as attached hereto as Exhibit A and in a form approved by the Town Attorney. Section 2. This Resolution shall take effect immediately upon its passage. INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Vail held this 15` day of December, 2009. Richard Cleveland Town Mayor T: SII • Lo lei Donal son, � _ own' lerk � • fl RgDO • Resolution No. 27, Series 2009 INTERGOVERNMENTAL AGREEMENT BETWEEN THE COUNTY OF EAGLE, STATE OF COLORADO AND THE TOWN OF VAIL I € This Agreement made this day of , 2010, 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 s the hereinafter described Animal Services on the terms and conditions hereinafter set forth; and E WHEREAS, the County is agreeable to rendering such Animal Services on the terms and conditions hereinafter set forth; and WHEREAS, this Intergovernmental Agreement is authorized pursuant to Sections 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 as follows: SECTION 1. TERRITORY COVERED The territory covered by this Agreement is all of that certain property legally described as the Town of Vail. E SECTION 2. DEFINITIONS. Emergency On -Call Service is defined as any emergency call received by the County for which Animal Service assistance is required and no Animal Service 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. 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. a t E I SECTION 3. SCOPE OF SERVICES The County agrees to provide General Animal and Emergency On -Call Services within the Town of Vail as follows: A. General Animal Services shall include: i. A minimum of 60 hours of patrol per month, consisting of inspection tours looking for violations or responding to complaints. ii. Administration and enforcement of the current Title 6, Animals of the Municipal Code of the Town of Vail presently in effect, and as may be subsequently amended. 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 I issued, as they apply to the Town of Vail. i iv. Animal sheltering services for animals attributable to the Town, of the E 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. f B) Twenty -four (24) hours per day Emergency On -Call Service (via County answering service when the Shelter not open). i. Emergency On -Call Service will be provided during the period when an Eagle County Animal Service Officer is not on duty. In the event that an Eagle County Animal Service 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 i situation until the Eagle County Animal Service Officer arrives to resolve said incident. E ` f E V P 1 f I SECTION 4. OFFICIAL STATUS For the purpose of performing the Animal Services and functions set forth in this agreement, Eagle County Animal Services shall enforce, as the Town's agent, the Municipal Ordinances relating to animals now in effect and as amended from time to time. s 2 I F C g F 9 SECTION 5. EQUIPMENT j 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 The Town of Vail agrees to pay the County, monthly, the sum of $3,575.00 for General Animal Services. I i On -Call Emergency Service shall be billed at: $50.00 per hour. The Town of Vail agrees to pay the County, on or before the fifteenth day of each month, for General Animal and On -Call Emergency Services rendered the previous month. All fees and expenses recovered at or for the Shelter will remain with the County. All court fines and costs will remain with the court of venue. The County shall administer the County's Dog License Program for the Town. Monies collected from residents of the Town shall belong to the County. I SECTION 7. PERSONNEL 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 facilitate the performance of this Agreement. The rendition of Animal 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. i All persons employed in the performance of such Animal 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 F I q E 3 0 A. The County, its officers and employees, shall not be deemed to assume any liability for intentional or negligent acts, errors, or omissions of the Town or of any officer or employee thereof. Likewise, the Town, its officers and employees, shall not be deemed to assume any liability for intentional or negligent acts, errors or omissions of the County or by any officer or employee thereof. B. The County agrees to indemnify, defend and hold harmless to the extent allowed by law, the Town, its respective agents, officers, servants and employees of and from any and all loss, costs, damage, injury, liability, claims, liens, demands, action and causes of action whatsoever, arising out of or related to the County's intentional or negligent acts, errors or omissions or that of its agents, officers, servants, and employees, whether contractual or otherwise. Likewise, the Town agrees to indemnify, defend and hold harmless to the extent allowed by law, the County, its respective agents, officers, servants and employees of and from any and all loss, costs, damage, injury, liability, claims, liens, demands, action and causes of action whatsoever arising out of or related to the Town's intentional or negligent acts errors or omissions or that of its agents officers, servants and employees, whether contractual or otherwise. C. The County and the Town shall respectively provide its own public liability, property damage, and errors and omissions insurance coverage as each party may deem adequate and necessary for any potential liability arising from this Agreement. Further, the County and the Town, respectively, shall name, subject to the approval of each respective party's insurance carriers, the other respective party as a co- insured under such insurance policies to the extent of any potential liability arising under this Agreement and, upon reasonable written request, shall furnish evidence of the same to the other respective party. SECTION 9. TERM AND TERMINATION This Agreement is effective January 1, 2010 and shall end on the 31st day of December, 2010. 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 General Animal Services and adding all charges for any additional services, including Emergency On Call Services, performed C by the County during that time), and both parties shall thereafter be relieved of any and all duties and obligations under this Agreement. ' 4 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. SECTION 10. 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 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 Town of Vail 75 S. Frontage Road Vail, Colorado 81657 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. 5 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. G. The Town has represented to the County and, likewise, the County has represented to the Town, that it possesses the legal ability to enter into this Agreement. In the event that a court of competent jurisdiction determines that either of the parties hereto did not possess the legal ability to enter into this Agreement, this Agreement shall be considered null and void as of the date of such Court determination. 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 ATTEST: BOARD OF COUNTY COMMISSIONERS By: By: Clerk to the Board of Sara J. Fisher, Chairman County Commissioners ATTEST: TOWN OF VAIL By: Town Clerk Manager c\animal \Vail.con 6