01-01-2016 IGA Animal ServicesINTERGOVERNMENTAL AGREEMENT BETWEEN
THE COUNTY OF EAGLE, STATE OF COLORADO
AND THE TOWN OF AVON
This Agreement made on December 8, 2015 by and between the County of Eagle,
State of Colorado, a body corporate and politic (the "County ") and the Town of Avon, a
municipal corporation (the "Town ").
WITNESSETH
WHEREAS, the Town desires to contract with the County for the performance of the
hereinafter described Animal Services on the terms and conditions hereinafter set forth; and
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 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.
Except for sheltering services, the services described herein will be provided within the
municipal boundaries of the Town of Avon.
SECTION 2. DEFINITIONS.
Emei ;encv 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 Dqv 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 within
the Town of Avon as follows:
A. General Animal Services shall include:
Eagle Count}, —Town of Avon Intergovernmental Agreement for animal Control Services
December S, 2015
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AIP VLVEDR_4 R M
M, I
BY i
Eagle County a.ttorney's Office
Eagle County Cornmi: ;sioners' Office
i. Administration and enforcement of the Town of Avon Title 6 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 6.04.020 of the Town of Avon
Municipal Code.
H. 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 Avon.
iii. 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 Avon and animals owned by persons dwelling,
permanently or temporarily, in the Town of Avon.
B. Twenty -four (24) hours per day Emergency On -Call Service.
i. Emergency on Call Service will be provided during the period when an Eagle County
Animal Services Officer is not on duty. In the event that an Eagle County Animal
Services Officer is not immediately available to respond to an incident or emergency, the
Town of Avon 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.
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 Town of Avon 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 Avon agrees to pay the County, monthly, the sum of $800.00 for General
Animal Services.
B. On Call Emergency Services shall be billed at: $50.00 per hour.
C. The Town of Avon 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.
D. All fees and expenses recovered at or for the Shelter will remain with the County.
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December 8, 2015
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E. 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
Avon, 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 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.
C. All persons employed in the performance of such Animal Services for the Town of Avon,
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, 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 and the Town shall respectively provide its own 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.
C. 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 l 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, 2016, and shall end on the 31 st day of December,
2016. Either party shall have the right to terminate this Agreement with or without cause at any
time by giving the other party thirty (3 )0) 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
Eagle County —Toisn of Aeon Intergovernmental agreement for Animal Control Services
December 8, 2015
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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 Avon 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 Avon 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 Avon:
Chief of Police
P.O. Box 975
Avon, CO 81620
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.
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.
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December 8, 2015
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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 BOARD
OF COUNT COMMISSIONERS
By:
�l►� Kath handler- Henry, hair
0.
Attest:
1
By: P
Teak J. Simonton. Clerk to the Board
TOWN OF A ON
By: rLdB�
en i ancher, Mayor
Attest:
By:
Debbie Hoppe, Toy n Clerk
Eagle County —Town of Aeon Intergovernmental Agreement for Animal Control services
December 8, 2015
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