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Home My WebLink About2013-05 IGA with Eagle County for Animal Control Sevices for 2013.� ;.�,.�... �.��- .,.��.�> _ � �,�, .>�. , i , _ _ , r RESOLUTION NO. 5 Series of 2013 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"); WHEREAS, the members of the Town Council of the Town (the "Council") have been duly elected and qualified; 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 control services within the Town limits; WHEREAS, the Council considers it in the interest of the public health, safety and welfare to provide animal control senrices; and WHEREAS, The Council's approval of Resolution No. 5, Series of 2013, 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 on behalf of the Town in substantially the same form 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 r lar meeting of the Town Council of the Town of Vail held this 5th day of February, 2013. f�� f� �... v Andrew P. Daly Town Mayor ATTE�� , f N�F V ; y� ,....,.. � L elei onalds n, � 0�.• %9� own lerk '�: � :. . . : SEAL � : : . '' _•'� �••......• Resolution No. 5, 2013 ,��, �, I . �, , . .. n;� ...,��,. � �-� _ INT6�OOV9�NM BVTALAGF�VI BVT BETW�I THEOOUNTY OF EAGL� STATEOF OOLORADO AND THETO�WN OFVAIL ThisAgreement made this day of , 2012, by and between the County of E�gle, State of Colorado, a body oorporate and politic (the "Gbunty") and the Town of Vail, a muniapal oorporation (the "Town"). :>> WHB�EA$ the Town desires to oontract with the Cbunty for the performanoe of the hereinafter desa-ibed Animal �rvioes on the terms and oonditions hereinafter set forth; and WH�FAS the County is agreeable to rendering such Animal Servioes on the terms and conditions hereinafter set forth; and WH6�EA$ this Intergovernmental Agreement isauthori�ed pursuant to Sedions29-1-201 and 30-11-101, Colorado F�vised gatutes, as amended, and Artide XIV, S�ction 18, of the Colorado Constitution. AGF�111 BVT NO�►N, TH�ORE, in oonsideration of the mutual covenants, conditions and promises contained herein, the parties hereto agree asfollows: �CT10N 1. T9�RITORYOG/�. The territory covered by thisAgreement is all of that oertain property legally desa-ibed asthe Town of Vail. gCT10N 2. D�INIl10NS Emergency On-Call S�rvioe is defined as any emergency call reoeived by the County for which Animal S�rvioe assistanoe is required and no Animal S�rvice OFfioer is on duty to respond. 9ielter meansThe Eagle County Animal 9ielter located at 1400 Fairgrounds Finad, Eagle, Colorado, and any other shelter facility operated or designated by County. Undaimed Dav is defined as a calendar day or any part thereof duringwhich an undaimed animal isoonfined in 9ielter on behalf of the Town. gCT10N 3. 800F'E OF �/l CFS The Cbunty agreesto provide General Animal and Emergency On-Call 5ervioeswithin the Town of Vail as follows: A General Animal 9arvioesshall indude: A minimum of 50 hoursof patrol per month, oonsisting of in�ion tours looking for violations or responding to complaints. Administration and enforoement of the current Title 6, Animalsof the Muniapal 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 servioesprovided pursuant to thisl�greement. �ch reportsshall indude, by way of example only, the number of callsfor servioe, number of animals sheltered, number of Undaimed Days, and number of atations issued, asthey apply to the Town of Vail. iv. Animal sheltering servioesfor animalsattributable to the Town, of the nature and quality customarily provided at the 9ielter. Animals attributable to the town are animals impounded within the Town of Vail and animals owned by personsdwelling, permanently or temporarily, in the Town of Vail. B. Twenty-four (24) hours per day Emergency On-Call Servioe (via County ansrvering servioe when the 9ielter not open). Emergency On-Call Service will be provided during the period when an Eagle County Animal 3arvioe OFfioer is not on duty. In the event that an Eagle County Animal Servioe Offioer is not immediately available to respond to an inadent or emergency, the Town of Vail will provide available personnel to secure the soene and administer oontrol of the situation until the Eagle County Animal S�rvioe Offioer arrivesto resolve said inadent. �C,"T10N 4. OFRClAL STATUS For the purpose of performing the Animal S�rvices and func#ions set forth in this agreement, E�gle 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. gCTI ON 5. EQUI PM B�IT. The County shall furnish and supply, at its sole e�ense, all necessary labor, supervision, equipment, motor vehides, offioe spaoe, and operating and offioe supplies neoessary to provide the servioesto be rendered hereunder. � • . •• -- • • The Town of Vail agreesto pay the County, monthly, the sum of $3,200.00 for General Animal �rvioes. On-Call Emergency S�rvioe shall be billed at: $50.00 per hour. .,. _ ,.: . ,... � »,.� � . .. _ The Town of Vail agreesto pay the County, on or before the fifteenth day of each month, for General Animal and On-C�all Emergency �rvioesrendered the previousmonth. All fees and expenses recovered at or for the 9�elter will remain with the County. All oourt fines and oostswill remain with the oourt 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. gCT10N 7. P�L90NN� The Eagle County Animal S�rvioes Offioer shall have full cooperation from the Town of Vail, its public works, its polioe officers and/or their respedive offioers, agents, and employees, so asto facilitate the perFormanoe of thisA�reement. The rendition of Animal S�rvioes provided for herein, the standards of performanoe, the disapline of offioers, and other matters inadent to the performanoe of such servioes and the control of pers�nnel so employed, shall remain in the County. All personsemployed in the performanoe of such Animal Servioesfor the Town of Vail, pursuant to this agreement, shall be Cbunty employees, exoept for Town personnel used to secure the soene as desa-ibed in S�ction 3. gCT10N 8. UABILJTYAND IN�JRANCE A The County, its offioers and employees, shall not be deemed to assume any liability for intentiona� or negligent ads, errors, or omissions of the Town or of any offioer or employee thereof. Likewise, the Town, its officers and employees, shall not be deemed to assume any liabilityfor intentional or negligent acts, errorsor omissionsof the County or by any offioer or employee thereof. B. The County agreesto indemnify, defend and hold harmlessto the extent allowed by law, the Town, its respective agents, offioers, servants and employees of and from any and all loss, oosts, damage, injury, liability, daims, liens, demands, adion and causesof action whatsoever, arising out of or rel�ted to the Cbunty's intentional or negligent acts, errorsor omissionsor that of itsagents, offioers, serv�ts, and employees, whether contradual or otherwise. Likewise, the Town agreesto indemnify, defend and hold harmlessto the extent allowed by law, the County, its respective agents, officers, servants and emptoyees of and from any and all loss, costs, damage, injury, liability, daims, liens, demands, adion and causesof adion whatsoever arising out of or related to the Town's intentional or negligent acts errors or omissions or that of its agents officers, servantsand employees, whether oontradual or otherwise. C The County and the Town shall re�ectively provide its own public liability, property damage, and errors and omissions insuranoe coverage as each party may deem adequate and neoessary for any potential liability arising from thisAgreement. Further, _ . � :. �,r . �:.; :.� _ � ..� ..��ti��. �.�e: „� � �.�:,�». W �.,. ,: � _.., : ._ the Cbunty and the Town, respedively, shall name, subject to the approval of each respective party's insuranoe carriers, the other respective party as a co-insured under such insuranoe poliaesto the extent of any potential liability arising under this Agreement and, upon reasonable written request, shall furnish evidenoe of the same to the other respective party. �110N 9. Tff�1A AND T�A I NAl10N. ThisA�reement is effective .�nuary 1, 2013 and shall end on the 31st day of Deoember, 2013. 6ther party shall have the right to terminate thisagreement with or without cause at any time by givingthe other party thirty (30) day� prior written notioe of termination. Upon termination, the County shall be entitled to compensation for servioes performed prior to such termination (calculated by proratingthe monthly rate for the number of daysthe County performed General Animal S�rvices and adding all chargesfor any additional servioes, induding Emergency On C;all S�rvices, performed by the County duringthat time), and both partiesshall thereafter be relieved of any and all dutiesand obligations under thisA�reement. Obligationsof the Town of Vail and the County, respedively, after the current fiscal year, are contingent upon fundsfor the purpose set forth in thisAgreement being appropriaited, budgeted and otherwise made available. �T10N 10. C�lff?AL PF�7VI90NS A. Notioes. All notices, requests, oonsents, approvals, written instrudions, reportsor other communication by the Town of Vail and the County, under thisP�reement, shall be in writing and shall be deemed to have given or served, if delivered or if mailed by oertified mail, postage prepaid or hand delivered to the partiesasfollows: Town of Vail: Town Attorney Town of Vail 75 S Frontage Finad Vail, 0081657 (bunty of Eagle: Eagle CountyAttorney P.O. Box 850 Eagl e, 00 81631 ,. :.. �, .�,<.�.,,-„�-�,�� .r..� �.�,...��. .�: .� � � 6ther party may change the addressto which notioes, requests, consents, approvals, written instructions, reports or other communications are to be given by a notioe 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 oonfer upon or grant to any third party any right to daim damages or to bring any lawsuit, action or other prooeedings against either the Town or the County because of any breach hereof or because of any terms, covenants, agreementsorconditionscontained herein. C No modification or waiver of thisAg-eement or of any oovenant, condition, or provision herein oontained shall be valid unless in writing and duly executed by the party to be charged therewith. D. Thiswritten Agreement embodies the whole agreement between the parties hereto and there are no inducements, promises, terms, oonditions, or obligations made or entered into either by the County or the Town other than those oontained herein. E ThisAgreement shall be binding upon the respective parties hereto, their suooessorsor assigns and may not be assigned by anyone without the prior written consent of the other respective party hereto. F. AII agreements and covenants herein are severable, and in the event that any of them shall be held invalid by a court of competent jurisdidion, thisAgreement 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 possessesthe legal ability to enter into thisAgreement. In the event that a oourt of competent jurisdidion determinesthat either of the parties hereto did not possessthe legal abilityto enter intothisA�reement, thisAgreement shall be oonsidered null and void as of the date of such Gburt determination. . ; �... .�-�: �-,� _ : �, .a v� �. IN WITNESSWHH�EOF, the parties hereto have executed thisAgreement the day and year first above written. OOUNTYOF EAC�F, STATE OF OOLOR�O, By and Through Its ATfE�f: � OF OOUNTYOOM M IS90N6�.S �� Clerk to the Board of Peter F. Fd.�nyon, Qiairman County Commissioners ��y�%�i�i�[i ��/_�I� �� Town aerk Manager