HomeMy WebLinkAbout2016-36 IGA with Eagle County for 2017 Animal Control ServicesRESOLUTION NO. 36
Series of 2016
A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT
BETWEEN THE TOWN OF VAIL AND EAGLE COUNTY REGARDING ANIMAL
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 services; and
WHEREAS, The Council's approval of Resolution No. 36, Series of 2016, is
required to enter into an IGA
NOW THEREFORE, B E IT RESOLVED BY THE TOWN COUNCIL OF
THE TOWN OF VAIL, COLORADO THAT:
Section 1. The Council hereby approves the IGA and authorizes the
Town Manager to enter into the IGA with Eagle County on behalf of the Town in
substantially the same form as attached hereto as Exhibit A and in a form
approved by the Town Attorney.
Section 2.
passage.
INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town
Council of the Town of Vail held this 1st day of December, 2016
This Resolution shall take effect immediately upon its
ave Ch : pin
Mayor
ATIEST:
enny
Resolution No. 36, Series of 2016
INTERGOVERNMENTAL AGREEMENT BETWEEN
THE COUNTY OF EAGLE, STATE OF COLORADO
AND THE TOWN OF VAIL
FOR THE PROVISION OF ANIMAL SERVICES
This Agreement made this day of , 2016 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 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
Vail.
SECTION 2. DEFINITIONS.
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.
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 Vail as follows:
A. General Animal Services shall include:
i. A minimum of 50 hours per month of 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 Animal Regulations.
ii. Administration and enforcement of Title 6 of the Town of Vail Municipal Code
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 6.4.2 of the Town of Vail 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 Vail.
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 Vail and animals owned by persons
dwelling, permanently or temporarily, in the Town of Vail.
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 Vail
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.
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 Vail 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 Vail agrees to pay the County, monthly, the sum of $3,300.00 for General
Animal Services.
B. On Call Emergency Services shall be billed at: $100.00 per call.
C. After Hours Patrolling shall be billed at: $50.00 per hour.
D. The Town of Vail 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.
E. All fees and expenses recovered at or for the Shelter will remain with the County.
F. 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
Vail, 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 in the County.
C. All persons employed in the performance of such 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.
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 9. TERM AND TERMINATION.
A. This Agreement is effective January 1, 2017, and shall end on the 31st day of December,
2017. 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 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 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 been 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
75 S. Frontage Road
Vail, CO 81657
County of Eagle:
Eagle County Attorney
P.O. Box 850
Eagle, CO 81631 written
uestsconsents, approvals,
Either party
may change the address to which notices, Leq es s, ,ba notice of change of address
instructions, reports or other communications are to be given
given in the manner set forth in this paragraph A.
confer on or grant to any third
any third This Agreement does not and shall not bringbdeemed awsuit, action or other proceedings
of any
B. es or to
party any right to claim damages because of any breach hereof or because
against either the Town or the County
terms, covenants, agreements or conditions contained herein.
t or provision
Agreement or of any covenant, condition,
e valid unless in writing and duly executed by the party to be
C. No modification or shall b waiver of this
herein contained
charged therewith.
agreement between the parties hereto and
D.This written Agreement embodies the whole ns, or obligations made or entered
there are no inducements, promises, term thane those contained herein.
into either by the County or the Town other
E. This Agreement shall be binding upon the respective parties hereto, their successors or
not be assigned by anyone without the prior written consent of the other
assigns and ma Y
respective party hereto.
any
of
F. All agreements and covenants herein are severable, and in the event Agreement shall them
shall be held invalid by a court of competent Jurisdiction, thg
interpreted as if such invalid Agreement or covenant were not contained herein.
IN WITNESS WHEREOF,
year first above written.
Attest
By:
the parties hereto have executed this Agreement the day and
COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its BOARD
OF COUNTY COMMISSIONERS
Teak J. Simonton, Clerk to the Board
Attest:
By:__ --
Town Clerk
By:
JeanneMcQueeney, Chair
TOWN OF VAIL
By:i__
Mayor