11-22-2011 IGA Contract for Animal ServicesINTERGOVERNMENTAL AGREEMENT
BETWEEN
THE COUNTY OF EAGLE, STATE OF COLORADO
AND
THE TOWN OF AVON
ti-j
This Agreement made this day of �%� , 2011, by and
between the County of Eagle, State of Colorado, a�body corporate and politic (the
"County ") and the Town of Avon, a Colorado home rule municipal corporation (the
"Town ").
WITNESSETH
WHEREAS, the Town desires to contract with the County for Animal Services on the
terms and conditions set forth in this Agreement; and
WHEREAS, the County is agreeable to rendering such Animal Services on the
terms and conditions set forth in this Agreement; and
WHEREAS, this Intergovernmental Agreement is authorized pursuant to §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 territory covered by this Agreement is all
territory within the municipal boundaries of the Town.
SECTION 2. DEFINITIONS.
A. 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.
B. Municipal Code is defined as the Town of Avon Municipal Code, as may be
amended from time to time.
C. Shelter is defined as The Eagle County Animal Shelter located at 1400 Fairgrounds
Road, Eagle, Colorado, and any other shelter facility operated or designated by the
County.
Eagle County —Town of Avon
2012 Intergovernmental Agreement for Animal Services
Page 1 of 6
D. 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 Services within the Town, as follows:
A. General Animal Services shall include:
Administration and enforcement of the Eagle County Animal Services
Resolution presently in effect and as may be subsequently amended as
applied within the Town or the Municipal Code as may apply to the control
and licensing of animals within the Town boundaries.
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.
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 and animals owned
by persons dwelling, permanently or temporarily, in the Town.
B. Twenty -four (24) hours per day Emergency On -Call Service at the rate specified
in Section 6, below.
Emergency On -Call Services 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 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 Municipal Code relating to animals now in effect and as may
be amended from time to time.
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. The Town shall pay the following compensation:
Eagle County— Town of Avon
2012 Intergovernmental Agreement for Animal Services
Page 2 of 6
A. The Town agrees to pay the County, monthly, the sum of $800.00 for General
Animal Services.
B. The County shall bill the Town for On -Call Emergency Services at the rate of $50.00
per hour.
C. The Town agrees to pay the County, on or before the fifteenth day of each month,
for all General 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.
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,
its public works department, its police department 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,
pursuant to this Agreement, shall be County employees, except for Town personnel
used to secure the scene as described in Section 3.13.i.
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 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 and all loss, costs, 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
Eagle County —Town of Avon
2012 Intergovernmental Agreement for Animal Services
Page 3 of 6
or omissions or that of its 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. TERM AND TERMINATION.
This Agreement is effective January 1, 2012 and shall end on the 31st day of December
2012. The Agreement shall run yearly from January 1, to December 31, each year, with
a review by each party in August of that year. 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.
Obligations of the Town 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 and the County, under this Agreement, shall be in
writing and shall be deemed to have given or served, if delivered or if mailed by
certified mail, postage prepaid or hand delivered to the parties as follows:
Town of Avon:
Town of Avon, Chief of Police
PO Box 975
Avon, CO 81620
County of Eagle:
Eagle County Attorney
P.O. Box 850
Eagle, CO 81631
Eagle County— Town of Avon
2012 Intergovernmental Agreement for Animal Services
Page 4 of 6
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.
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.
C. The Town has represented to the County and, likewise, the County has represented
to the Town, that each 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.
[signature page follows]
Eagle County - Town of Avon
2012 Intergovernmental Agreement for Animal Services
Page 5 of 6
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day
and year first above written.
ATTEST:
Clerk to the Board of
County Commissioners
ATTEST:
7 Clerk ° ° yV
^S 2� °
Eagle County —Town of Avon
2012 Intergovernmental Agreement for Animal Services
Page 6 of 6
COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its
BOARD OF COUNTY COMMISSIONERS
Jon Stavney, Chairman
TOWN OF AVON
rich Carroll, Mayor
Memo
To: Honorable Mayor and Town Council Initials
Thru: Larry Brooks, Town Manager
Legal Review: Eric Heil, Town Attorney
Approved by: Robert L. Ticer, Chief of Police
From: Robert L. Ticer, Chief of Police
Date: November 22, 2011
Re: Intergovernmental Agreement for Eagle County Animal Control
Services (Renewal)
Summary:
The Avon Police Department is recommending approval of the attached IGA to allow Eagle
County Animal Control Services to continue to serve the Town of Avon.
Previous Council Action:
The Avon Town Council previously approved an IGA with Animal Control Services for
Calendar Year 2011. This renewal IGA is for Calendar Year 2012, and has no substantive
changes from the current and existing contract.
Background:
The Avon Police Department does not employ an Animal Control Officer or maintain
facilities to manage the intake or safekeeping of domestic animals. This IGA will continue to
allow Eagle County Animal Control Services to serve the Town of Avon and provide the
following:
• Twenty -four hours per day emergency on call service.
• Animal shelter service.
• Investigation and reporting of animal bite incidents.
• Enforcement of the leash law by citing violators into the Municipal Court.
• Response to calls from the Police Department or from citizens.
Discussion:
Eagle County Animal Control Services will respond to calls; however, they do not provide
routine patrol in Avon. Due to budget savings plans, the Avon Police Department has frozen
the Police Service Officer (PSO) position. A portion of the PSO duties included enforcement
of the leash law ordinance. Due to the staffing reduction, pro - active patrol for animal
ordinance violations is conducted by Avon Police Officers.
This Agreement is effective January 1, 2012, and shall end on the 31 st day of December
2012. The Agreement shall run yearly from January 1, to December 31, each year, with a
review by each party in August of that year. 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.
Obligations of the Town 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.
Financial Implications:
The contract is $800.00 per month under this IGA, which has been budgeted for in the
2012 Police Department Budget. Additionally, the County shall bill the Town for On-
Call Emergency Services at the rate of $50.00 per hour in the case of a call -out after
hours.
Recommendation:
It is recommended that the attached IGA with Eagle County for Animal Control Services be
approved.
Alternatives:
If the IGA is not approved, the Avon Police Department will be required to provide animal
control service to the community, which may reduce patrol coverage and law enforcement
response times to active law enforcement incidents.
Proposed Motion:
"I move to approve the renewal of the Eagle County Animal Control Services IGA for
Calendar Year 2012."
Town Manager Comments:
0
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