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11-24-2010 Intergovernmental Agreement for EC Animal Control ServicesMemo 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 /ZZJ From: Robert L. Ticer, Chief of Police A.(J Date: November 24, 2010 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 2010. This renewal IGA is for Calendar Year 2011, 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 will be conducted by the Avon Police Officers. This Agreement is effective January 1, 2011 and shall end on the 31 st day of December 2011. 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 parry 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 2011 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 201 L" Town Manager Comments: • Page 2 INTERGOVERNMENTAL AGREEMENT BETWEEN THE COUNTY OF EAGLE, STATE OF COLORADO AND THE TOWN OF AVON This Agreement made this day of , 2010, 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 2011 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 2011 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 2011 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, 2011 and shall end on the 31st day of December 2011. 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 ' 2011 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 6 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 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 2011 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: By: Patty McKenny, Town Clerk COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS is Sara J. Fisher, Chairman TOWN OF AVON go Rich Carroll, Mayor Eagle County — Town of Avon 2011 Intergovernmental Agreement for Animal Services Page 6 of 6 Patty McKenny From: Larry Brooks Sent: Thursday, December 02, 2010 6:19 PM To: Patty McKenny Subject: Fwd: Town of Avon & OSAC 12/13 Meeting Patty, Please forward to the council and place in the council packet per protocol. thank you Sent from my iPhone Begin forwarded message: From: Rich Carroll < richcarroll4Qcomcast.net > Date: December 2, 2010 5:40:10 PM MST To: Kris Valdez < kris.valdezgeaglecounty.us > Cc: Ron Wolfe < r.c.wolfe cgcomcast.net >, Patty McKenny < pmckenn avon.org >, Larry Brooks < LBrooksgavon.ora >, Robert Morris < robert.morris(a�eaglecounty.us >, Clifford Simonton < Clifford.simontonna eaglecounty.us Tom Edwards < teme(a�centurytel.net >, Rich Carroll < richcarroll4gcomcast.net > Subject: Town of Avon & OSAC 12/13 Meeting Kris The Town of Avon is formally asking to be removed from the agenda of the OSAC ` meeting on December 13, 2010. The Town is evaluating its position on the 2,300 acre EVLEX relative to what may be a bifurcated application and presentation, as well as uncertainty around potential funding resources. The Town hopes to be on a future OSAC meeting agenda in partnership with the County as a full project topic. Thank You Rich Carroll, Mayor, Town of Avon W/H # 970 - 949 -4744 Cell # 970 - 390 -5994 INTERGOVERNMENTAL AGREEMENT BETWEEN THE COUNTY OF EAGLE, STATE OF COLORADO AND THE TOWN OF AVON This Agreement made this 14 - day of _/Ze.0--1yVRcA , 2010, 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 2011 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 2011 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 2011 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, 2011 and shall end on the 31st day of December 2011. 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 2011 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. G. 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 2011 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: COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS By: By: Clerk to the Board of Sara J. Fisher, Chairman County Commissioners c Rich Carroll, Mayor Eagle County - Town of Avon 2011 Intergovernmental Agreement for Animal Services Page 6 of 6 ATTEST: