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HomeMy WebLinkAbout1993-16 IGA with the County of Eagle for Animal Control Servicese , + , RESOLUTION NO. i 6 SERIES 01= 1993 A RESOLUTION TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF VAiL AND THE COUNTY OF EAGLE, STATE OF COLORADO, FOR ANIMAL CONTROL SERVICES. WHEREAS, the Town Council finds it desirable to contract with the County for the performance of animal control services; and WHEREAS, the County of Eagle is agreeable to providing such Animal Control Services; and WHEREAS, such intergovernmental Agreement is authorized pursuant to Section 18, Article XIV of the Colorado Constitution and C.R.S. 29-1-210 et seq. NOW, THEREFORE, be it resolved by the Town Council of the Town of Vail, Colorado: 1. The Town Manager is hereby authorized to enter into an Intergovernmental Agreement that provides for the following: a) Administration and enforcement of the current Ti#le VI- Animals of the Municipal Code of the Town of Vail by the animal control services of the County of Eagle, Colorado. b) The Town of Vail agrees to pay Eagle County the sum of $2,143.65 per month. , c) The County of Eagle shall administer the County's dog tag program for the Town with monies collected from residents of the Town of Vail applied in a 64% - 40% relationship with the Town of Vail receiving 6p% of those fees collected from the residents of the Town of Vail. 2. This resolution shall take effect immediately upon its passage. INTRODUCED, READ, APPROVED AND ADOPTED this 7th day of December, 1993. Marg etA ~sterfoss, Mayor ATTEST: L~L'i~cUl~.,.. Holly L. McCutcheon, Town Clerk C:IRESOLU83,18 Resolution No. 16, aeries of 1993 INTERGOVERNMENTAL AGREEMENT BETWEEN THE COUNTY OF EAGLE, STATE OF COLORADO AND tom; TOWN OF VAH,, COLORADO This Agreement made this 20th day of December, 1993, by and between the Town of Vail {the "Town")and the County of Eagle, State of Colorado (the "County"). WHEREAS, the Tawn desires to contract with the County for the performance of the hereinafter described Animal Control Services on the terms and conditions hereinafter set forth; and WHEREAS, the County is agreeable to rendering such Animal Control Services on the terms and conditions hereinafter set forth; and WHEREAS, this Intergovernmental Agreement is authorized pursuant to Section 18, Article XIV, of the Colorado Constitution; and C.R.S. 29-1-201, et,seq. NOW, THEREFORE, inconsideration of the mutual covenants, conditions and promises contained herein, the parties hereto agree hereby as follows: W t ~ riESSETH: SECTION 1. TERRITORY COVERED. The territory covered by this Agreement is all of that certain property legally described as the Town of Vail. SECTION 2. SCOPE OF SERVICES.. The County agrees to provide general Animal Control Services within the Town of Vail. The County shall provide: A) Two randomly-scheduled patrols of approximately 27 miles each, per day, equaling X02 patrols per year. B) Twenty-four hours per day on-call emergency service through Colorado State Patrol Dispatch. C) Administration and enforcement of the current Title b, Animals of the Municipal Code of the Town of Vail presently in effect and as may be subsequently amended as applied within the Town of Vail. Page 1 SECTION 3. LEVEL OF SERVICE. The County shall provide the Town with a monthly report of Animal Control Activities generated as a result of this Agreement. Such, reports shall include, by way of example only, the number of calls for service, number of animals sheltered, number of dog days, and number of Citations issued. In the event that an Eagle County Animal Control Officer is not imxnediately available to respond to an incident or emergency, the Town of Vail will provide personnel to "secure" the scene and administer control of the situation until the Eagle County Animal Contxol Officer arrives to resolve said incident. SECTION 4. OFFICIAL STATUS. For the purpose of performing the Animal Control Services and functions set forth in this agreement, Eagle County Animal Control shall enforce, as the Town of Vail's agent, the Municipal Ordinances relating to animals now in effect and as amended Pram time to time. SECTION 5. EQUIPMENT. The County shall furnish and supply all necessary labor, supervision, equipment, motor vehicles, office space, and operating and office supplies necessary to maintain the level of service to be rendered hereunder. It is expressly understood that any equipment, including motor vehicles used in the performance of this Agreement, shall remain in the ownership of the County and any and all necessary maintenance costs relative to such equipment shall be the sole responsibility of the County. SECTION 6. COMPENSATION. The Town of Vail agrees to pay the County, the sum of $ 2,143.65 per month, based on the following: Man Hours:@ $ 15.00 per hr x 2 hours x 21day x 301 days = $18, 060.00 Fatrol:@ $ .33 per mile x 27 miles x 2/day x 301 days = $ 5,363.82 Plus $25.00/incident for Man Hours billed as experienced) Unreclaimed Dog Days: 240 dog days/year x $11.50 per day = $ 2,300.00 Annual Total = $25,723.82 Page 2 r The Town of Vail will reimburse the County for expenses incurred as a result of performing Animal Control Services that exceed the agreed number of response calls and/or if unreimbursed dog days exceed 200 a year. The Town of Vail shall pay the County the aforementioned monthly amount on or before the 15th day of each respective month for those Animal Control Services rendered by the County the proceeding 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 Tag Program for the Town. Monies collected from residents of the Town shall be applied in a 60-40% relationship with the Town receiving 60% of those fees collected from residents of the Town of Vail. Such adjustments shall be made on a quarterly basis .in March, June, September and December. Financial obligations of the Town of Vail and the County, respectively, payable 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 7. PERSONNEL. The Eagle County Animal Control Officer shall have full cooperation from the Town of Vail, it's public works and police departments and/or their respective officers, agents, and employees, so as to facilitate the performance of this Agreement. The rendition of Animal Control 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. In the event of any dispute between the parties herein as to the extent of the duties and services to be rendered hereunder or the minimum level or manner of performance of such services, the determination thereof made by the County shall be fmal and conclusive as between the parties hereto: All persons employed in the performance of such Animal Control Services for the Town of Vail pursuant to this agreement, shall be County employees. Page 3 SECTION 8. LIABILITY AND INSURANCE. 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 of 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 loss, casts, 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 it's 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. TERMINATION. This Agreement .is deemed to be effective the 1st day of January, 1994, and shall end on the 31st day of December, 1994. Either party shall have the right to terminate this agreement with or without cause at any time by giving the other party sixty days prior written notice of termination. Upon termination, the County shall be entitled to compensati6n for services performed prior to such termination, and both parties shall be relieved of any and all duties and obligations under this Agreement. Page 4 SECTION 10. GENERAL PROVISIONS A. Notices. All notices, requests, consents, approvals, written instructions, reports or other communication by the Town of..... and the County, under this Agreement, .shall be in writing and shall be deemed to have given or seared, if delivered or if mailed by certified mail, postage prepaid or hand delivered to the parties as follows: Town of Vail: Town Manager Town of Vail 75 South Frontage Rd. Vail, Colorado 81b57 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. Severability - If any clause or provision of this Agreement shall be held to be invalid in whole or in part, then the remaining clauses and provisions ar portions thereof shall nevertheless be and remain in full farce and effect. SECTION 11. MISCF7 Y ANEOUS PROVISIONS. A. This agreement does not and shall not be deemed to confer upon or grant to any third parry 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. B. 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. C. 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. Page 5 D. 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. E. 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. F. 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 BOARD OF COUNTY COMMISSIONERS ATTEST: gy; BY: Clerk to the Board of George A. Gates, Chairman County Commissioners ATTEST : TOWN OF VAIL BY: BY: Town Clerk Robert W. McLaurin, Town Manager Page 6