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01-10-2017 IGA Eagle County Animal ServicesINTERGOVERNMENTAL AGREEMENT BETWEEN THE COUNTY OF EAGLE, STATE OF COLORADO AND THE TOWN OF AVON FOR THE PROVISION OF ANIMAL SERVICES 'Phis Agreement made this 10th day of January, 2017 a8�$ by and hetiveea� ----__ ___._.._. the County of Eagle, State of Colorado, a. body corporate and politic (the "County") and the Town of Avon, a home rule 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 anti conditions hereinafter set forth; and WHEREAS, the County agrees to pert' ml such Services on the terms and conditions hereinafter set iball; and WHEREAS, this Intergovernmental Agreement is autli0rizcd purstfant to Section 29-1- 201 and 30-11-101, Colorado Revised Statutes, as amended, and Article XIV, Section 18, of the Colorado Constitution. AGREEAIITN`I. NOW, THEREFORE, in consideration of the mutual covenants, conditions and promises contained herein, the parties hereto agree hereby as follows; SECTION L TERRITORY COVERED. The Services described herein will be provided within the municipal boundaries of the Town of Avon. SECTION 2. DEFINITIOItiS. Emerl;ency Cal! is defined as a situation involving life safety fora person or pet animal which cannot be defused by local law enforecntent. Enter,gency 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. Shelfe,• 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. Eagle County -TOA Aniinal Sertiices IGA -- 2017 Page Y of C17-018 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 Avon as follows: A. General Animal Services shall include: i. Administration and enforcement of Title 6 of the Town of Avon Municipal Code presently in effect and as may he subsequently amended to apply for the control and licensing ofanimals within the Town boundaries. Eagle County Animal Services shall be considered the Animal Control Officer of the Town a_s defined by Section 6.04,020 of the Town of Avon Municipal Code. ii. 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, nurnber o1.'Unclaimed Days, and number of citations issued, as they apply to the Town of Avon. ii.i. Animal sheltering services for animals attributable to the Town, of the nature rind duality customarily provided at the Shelter. Animals attrihutahle to the Town are animals impounded within the'rown of Aeon and animals owned by persons dwelling, pennanently or temporarily, in the Town of Avon. B. Emergency on call services shall include: i. 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 respund to an incident or emergency, the Town ofAvon 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, OFI,ICIAI. STKIUS. 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 Avon Animal Ordinances relating to animal control and licensing now in effect and 7s airrended. 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. Fogle County - TOA Animal Services TGA — 2017 Pa;;e 2 or 6 SECTION b. CO-NVENSATION. A. Tlie Town of Avon agrees to pay clic County, monthly, the sum of $825,00 for General Animal Services. B. On Call Emergency Services shall be billet] at. 5100.00 per call. 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, E. All court fines and costs will remain with the court ollvenue. SECTION 7. PERSONNEL. A. Tile Eagle County Animal Services Officer shall have full cooperation from the Town of Eagle, its public works, its police officers andlor 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 Avon, pursuant to this agreement, shall be County employees, except for Town personnel used to secure the scene as described in Section 3. SECTION S. LIABILITY AND INSURANCE. A. The County and the Town shall respectively provide its own general Iiability and public Officials' errors and omissions insurance coverage for claims arising from this Agreement. Further, the County and the Town, respectivcly 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 ofthe 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. Eagle Count -TOA Animal Services IG 1- 2017 Page 3 of 6 B. Nothing in this Agreement shall be construed to waive, limit, or otheiivise modify any governmcrntal immunity that may be available by law to either party, its of I als, 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 TERNIFNIATION. A. This Agreement is effective January 1, 2017, and shall enol on the 31 st 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 tenmination (calculated by prorating the monthly rate for the riUmber of days the County performed General Animal Services and adding all charges fur any additional services, including Emergency On Call Services, performed by tine County during that Lime), and both parties shall thereafter he relieved of any and all duties and obligations under this Agreement. B. Obligations of the Town. of Avon and the County, respectively, al.1jer the current fiscal year, are contingent upon funds for the purpose set forth in this Agreennernt 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, COS 1631 Eagle County -TOA Animal Services IGA — 2017 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, Diction or other proceedings against either the `Down ur the County because of any breach hereof or because ofally terms, covenants, agreements or conditions contained herein. C. No modification or tivaiver of this Agreement or of any covenant, condition, or provision herein contained shall be valid unless in writing and duly executed by the panty to be charged therewith. D. This written Agreement embodies the whole agreement between the parties hereto and there lire no indl.W. vents, 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 competcnt jurisdiction, this Agreement shall be interpreted as if such invalid Agreement or covenant were not contained Herein. Eagle County -TOA Aziimat Services ICA --2017 Pa -Me 5 of 6 AV WITNESS WHEREOF, the parties hereto have executed this Agreernent the day and year first above written. COUNTY OF EAGLE, STATE OF COLORADO, By and Tlirough Its BOARD OF COUNTY COMMISSIONERS By: Attest: B v. va ;,. ©'° Talk j. , Clerk to the Board Regina O'Brien I v�s ee€, Chair jillian H. Ryan TOWN OF ANTON :....;, Attest:,. F, , DY: r E"'L '� :SEA'* �j tF q j r �........_._..._.._.._..._ �.7 '....,,...._"1.1.:,x._ - 1. 7 L. May6r Town Clerk Eagle County -TOA Animal Services IGA -- 2017 Page 6 of 6 ACORDM CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YY) MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH 01/09/2017 PRODUCER LIC #N/A 1-303-757-5475 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION CIRSA ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 3665 Cherry Creek North Drive HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE Denver, CO 80209 INSURED Town of Avon INSURER A: CIRSA INSURER B: EACH OCCURRENCE $10,000,000 PO Box 975 INSURER C: INSURER D: Avon, CO 81620 INSURER E: IKeVI d eL[rl X9 THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MMIDDIYYI POLICY EXPIRATIONLTR LIMITS A GENERAL LIABILITY LIAB 01-2017 01/01/17 01/01/18 EACH OCCURRENCE $10,000,000 FIRE DAMAGE (Any one fire) $ 10, 000, 000 XCOMMERCIAL GENERAL LIABILITY X CLAIMS MADE 7 OCCUR MED EXP (Any one person) $ 0 PERSONAL &ADV INJURY $ 10,000,000 X $ic POL E&O Aggregate GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OPAGG $ 10,000,000 POLICY PRO LOC A AUTOMOBILE X LIABILITY ANY AUTO LIAB 01-2017 01/01/17 01/01/18 COMBINED SINGLE LIMIT $ 5,000,000 (Ea accident) BODILY INJURY $ (Per person) ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO AUTO ONLY: AGG $ EXCESS LIABILITY EACH OCCURRENCE $ AGGREGATE $ OCCUR F—I CLAIMS MADE $ DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATION AND WC STATU- OTH- JQBY LIMITS ER EMPLOYERS' LIABILITY E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ OTHER $ S $ DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Certificate Holder is Additional Insured on Liability Policies if required by contract. As respects IGA for Animal Control Services. \+CI[ I II-II.A I C 177ULUCK I - ADDITIONAL INSURED; INSURER LETTER: L,ANt_rLLA I IUN Eagle County Animal Shelter & Services Nathan Lehnert 1400 Fairgrounds Rd. Eagle, CO 81631 USA ACORD 25-5 (7/97) AmandaR 48912982 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE OACORD CORPORATION 1988 IF 0 A`oR" CERTIFICATE OF LIABILITY INSURANCE DATE 1 1/9/20171DDmrrY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Arthur J. Gallagher Risk Management Services, Inc. 6300 South Syracuse Way, Suite 700 Centennial CO 80111 CONTANAME: Anita Bruner PHONE 303-889-2574 FAx 303-889-2575 E-MAIL aniteLbruner@ajg.com INSURERS AFFORDING COVERAGE NAIC # INSURER A: Colorado Counties Casualty & Proper PER PARTICIPATION CERT INSURED INSURER B :Atlantic Specialty Insurance Com an 27154 Eagle County INSURERC:Arch Insurance Company 11150 P.O. Box 850 Eagle, CO 81631 INSURERD:COunt Worker's Compensation Pool INSURERE:Lexin ton Insurance Company 19437 INSURER F CnVFRAnFR rFRTIFIrATF MI IMRFR• 1518244735 RFVICInM All MRGR- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TR TYPE OF INSURANCE INSD WVD POLICY NUMBER POLICY EFF POLICY EXP LIMITS A X COMMERCIAL GENERAL LIABILITY PER PARTICIPATION CERT 1/1/2016 1/1/2017 EACH OCCURRENCE $250,000 X CLAIMS -MADE E OCCUR PREMISESS (RENTED DAMAGE PREMISES occurrence) $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $250,000 GEML AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY F7 PRO LOC JECT PRODUCTS - COMP/OP AGG $250,000 $ OTHER: A AUTOMOBILE LIABILITY PER PARTICIPATION CERT 1/1/2016 1/1/2017 Ea accidentMBINED -_ $250,000 BODILYINJURY(Perperson) $ ANY AUTO AUTOS NED AUTOSULEDBODILY INJURY (Per accident) $ IXXCIalms HIRED AUTOS X NON -OWNED AUTOS PROPERTYDAMAGE $ Peraccdent $ Made B UMBRELLA LIAB Hx OCCUR 7910003550005 1/1/2016 1/1/2017 EACH OCCURRENCE $10,000,000 EXCESS LIAB CLAIMS -MADE AGGREGATE $10,000,000 DED I X I RETENTION$250,000 $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y I N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? F -1N / A WCX0057883201 12/31/2015 12/31/2016 PER OTH- X STATUTE ER E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE $1,000,000 (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $1,000,000 D A E County Workers' Comp Pool Prop, Mob Eq, Auto PD, XS Excess Property PER PARTICIPATION CERT. PER PARTICIPATION CERT 020412751 12/31/2015 1/1/2016 1/1/2016 12/31/2016 1/1/2017 1/1/2017 DEDUCTIBLE $500 $ 150,000 BLANKET BLDG & PP $ 100,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) WC SIR: $875,000 See Attached... L.GF( I Ir'R,.A I C r7VLLIMM L ANL LLLA I IUN Avon Police Department P.O. Box 975 Avon CO 81620 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED PRESENTATIVE ZL�__ X,1, @ 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: LOC #: '4 � ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED Arthur J. Gallagher Risk Management Services, Inc. Eagle County P.O. Box 850 Eagle, CO 81631 POLICY NUMBER CARRIER NAIC CODE EFFECTIVE DATE: AL KLIVIAKKJ THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE Excess Property: Carrier: Lexington Insurance Company Policy ##020412751 Policy Term: 01/01/2016 to 01/01/2017 $100,000 Loss Limit - Excess Property/Real & Personal Property (All Risk) including Equipment Breakdown $5,000,000 Each Occurrence/Annual Aggregate - Flood, Zone A $50,000,000 Each Occurrence/Annual Aggregate - Flood, all other Zones $50,000,000 In the Aggregate as respects all flood loss combined $25,000,000 Each Occurrence/Annual Aggregate - Earthquake $100,000 Business Income (Includes Rental Income) $150,000 Deductible All Perils / $5,000 deductible Equipment Breakdown except $10,000 applies to Snake River Waste Water Treatment Facility in Dillon, CO Carrier D: CWCP is a qualified Self Insured Pool and is reinsured by Carrier C RE: Intergovernmental Agreement for Animal Services being provided by Eagle County to the towns of Vail, Minturn, Red Cliff, Avon, Eagle and Gypsum. Certificate Holder is an Additional Insured as respects General liability policy, pursuant to and subject to the policy's terms, definitions, conditions and exclusions. ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD