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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