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01-13-2009 IGA ANIMAL SERVINTERGOVERNMENTAL AGREEMENT BETWEEN THE COUNTY OF EAGLE, STATE OF COLORADO AND THE TOWN OF AVON This Agreement made this 13 till day of , 40-kA1i q , 2009 by and between the County of Eagle, State of Colorado, body c rporate and politic (the "County ") and the Town of Avon, a municipal corporation (the own "). 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 30 -11 -101, as amended. 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 of that certain property legally described as the Town of Avon. SECTION 2. DEFINITIONS. Emergency on Call services is defined as emergency calls received by the County for which Animal Services assistance is required and no Animal Service 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 the County. 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. SECTION 6. COMPENSATION. The Town of Avon agrees to pay the County, monthly, the sum of $800.00. The Town of Avon agrees to pay the County, on or before the fifteenth of each month, for services rendered the previous 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. SECTION 7. PERSONNEL. 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. 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. 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, above, and except for employees of the operator of the Shelter. 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, 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. 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. INTERGOVERNMENTAL AGREEMENT BETWEEN THE COUNTY OF EAGLE, STATE OF COLORADO AND THE TOWN OF AVON This Agreement made this 13 till day of , 2009 by and between the County of Eagle, State of Colorado, body, c rporate and politic (the "County ") and the Town of Avon, a municipal corporation (the own "). 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 30 -11 -101, as amended. 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 of that certain property legally described as the Town of Avon. SECTION 2. DEFINITIONS. Emergency on Call services is defined as emergency calls received by the County for which Animal Services assistance is required and no Animal Service 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 the County. 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. SECTION 6. COMPENSATION. The Town of Avon agrees to pay the County, monthly, the sum of $800.00. The Town of Avon agrees to pay the County, on or before the fifteenth of each month, for services rendered the previous 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. SECTION 7. PERSONNEL. 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. 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. 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, above, and except for employees of the operator of the Shelter. 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, 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. 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. ,Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Brian Kozak, Chief of Police Date: January 5, 2009 Re: Intergovernmental Agreement for Animal Control Service Summary: The Police Department is recommending approval of the attached IGA to allow Eagle County Animal Control to continue to serve the Town of Avon. Previous Council Action: The council previously approved an IGA with Animal Services on November 14, 2006. This revised IGA decreases the expected service while accordingly reducing the fees to the Town of Avon. Background: This IGA will cause Animal Services to continue to serve the Town. Discussion: Under the IGA the County will provide the following to the Town of Avon: • Twenty -four Hours per day emergency on call service. • Animal shelter service. • Investigation and reporting of animal bite situations. • Enforcement of the leash law by citing violators into the Municipal Court. • Response to calls from the Police Department or from citizens. Animal Services will respond to calls; however, they will not provide routine patrol in Avon. A review of prior service revealed that Animal Services has not reported any self initiated activity as a result of patrol in the Town. Pro -active patrol will be conducted by the police service officer and police officers. Financial Implications: The contract previously cost $1,512.00 per month; however, it will be reduced to $800.00 per month under this revised IGA. Recommendation: It is recommended that the attached IGA with Eagle County for animal control service be approved. Alternatives: If the IGA is not approved the Avon Police Department will be required to provide limited service to the community. Town Manager Comments: The County agrees to provide general Animal Services within the Town of Avon The County shall provide: A) Twenty -four (24) hours per day Emergency On Call service. C) Administration and enforcement of the Eagle County Animal Service Resolution presently in effect and as may be subsequently amended as applied within the Town of Avon or the Municipal Ordinance as may apply. D) 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. E) Emergency on Call service will be provided during the period when an Eagle County Animal Service Officer is not on duty. In the event that an Eagle County Animal Service 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 Service Officer arrives to resolve said incident. F) 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. 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 Ordinances relating to animals now in effect and as 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. 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 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, 2009 and shall end on the 30th day of June 2009. The parties will meet in May of 2009, to review this agreement prior to extending this agreement, modifying the agreement, or to terminate the agreement. The agreement shall run yearly from January 1, to December 31, each year, with a review by each parties 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, and both parties shall be relieved of any and all duties and obligations under this Agreement. 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 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, STATE OF COLORADO, By and Through Its ATTEST: BOARD OF COUNTY COMMISSIONERS By: Clerk to the Board of County Commissioners ATTEST: Town Clerk 6animakEagle.con an Peter F.Runyon, Chairman TOWN OF AVON in Mayor INTERGOVERNMENTAL AGREEMENT BETWEEN THE COUNTY OF EAGLE, STATE OF COLORADO AND THE TOWN OF AVON This Agreement made this a y L day of -,LL , 2007 by and between the County of Eagle, State of Colorado, a 64 corporate and politic (the "County ") and the Town of Avon, a municipal corporation-Me "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 30 -11 -101, as amended. 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 of that certain property legally described as the Town of Avon. SECTION 2. DEFINITIONS. Emergency on Call services is defined as emergency calls received by the County for which Animal Services assistance is required and no Animal Service 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 the County. 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 within the Town of Avon The County shall provide: A) A minimum of 32 hours of patrol per month, consisting of inspection tours looking for violations or responding to complaints. The patrols shall be performed on a daily basis throughout the month. The scope of these patrols is to be designed to produce voluntary compliance and uniform administration of the Pet Animal regulations. B) Twenty -four (24) hours per day Emergency On Call service. C) Administration and enforcement of the Eagle County Animal Service Resolution presently in effect and as may be subsequently amended as applied within the Town of Avon or the Municipal Ordinance as may apply. D) 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. E) Emergency on Call service will be provided during the period when an Eagle County Animal Service Officer is not on duty. In the event that an Eagle County Animal Service 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 Service Officer arrives to resolve said incident. F) 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. 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 Ordinances relating to animals now in effect and as 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 of Avon agrees to pay the County, monthly, the sum of $1,512.00 based on estimated patrols and on estimated annual sheltering requirements. The Town of Avon agrees to pay the County, on or before the fifteenth of each month, for services rendered the previous 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. SECTION 7. PERSONNEL. 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. 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. 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, above, and except for employees of the operator of the Shelter. 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 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 July 1, 2007 and shall end on the 31St day of December 2008. The parties will meet in August of 2008, to review this agreement prior to extending this agreement, modifying the agreement, or to terminate the agreement. The agreement shall run yearly from January 1, to December 31, each year, with a review by each parties 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, and both parties shall be relieved of any and all duties and obligations under this Agreement. 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 given or served, if delivered or if mailed by certified mail, postage prepaid or hand delivered to the parties as follows: Town of Avon: County of Eagle: Town of Avon, Chief of Police PO Box 975 Avon, CO 81620 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. 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 ATTEST: BOARD OF COUNTY COMMISSIONERS By: ( _V0-Z7'1,l `/- Clerk to the Board of County Commissioners ATTEST: "Chairman TOWN,6F--AVON %— By Cle k "d tai- F a Y c \animal \Eagleson ',� A L Mayor G o 1e-7 't Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Brian Kozak, Chief of Police Date: July 5, 2007 Re: Extension of the Intergovernmental Agreement for Animal Control Service Summary: The Police Department is recommending approval of the attached IGA to allow Eagle County Animal Control to continue to serve the Town of Avon. Previous Council Action: The council previously approved the IGA on November -14, 2006, which expired on June 30, 2007. Background: This IGA will cause Animal Services to continue to provide the level of service until December 31, 200;; at which time the Town will enter into an annual IGA with Eagle County Animal Services. The annual IGA will run from January 1, of each year until December 31, of the same year. During the month of August, starting in August 2008, all parties involved will review the IGA and make amendments or end the agreement if needed. Discussion: Under the IGA the County will provide the following to the Town of Avon: • Minimum of 32 hours of patrol per month. • Twenty -four Hours per day emergency on call service. • Animal shelter service. • Investigation and reporting of animal bite situations. • Enforcement of the leash law by citing violators into the Municipal Court. The Police Department is happy with the level of service that has been provided. Financial Implications: The contract will cost the Town of Avon $1,512.00 per month, which has not changed from the previous IGA. Recommendation: It is recommended that the attached IGA with Eagle County for animal control service be approved. Alternatives: If the IGA is not approved the Avon Police Department will be required to provide limited service to the community. Town Manager Comments: -7o b `cam •-. '� ` % cam, `'XSf `L , G-, dl The County agrees to provide general Animal Services within the Town of Avon The County shall provide: A) A minimum of 32 hours of patrol per month, consisting of inspection tours looking for violations or responding to complaints. The patrols shall be performed on a daily basis throughout the month. The scope of these patrols is to be designed to produce voluntary compliance and uniform administration of the Pet Animal regulations. B) Twenty -four (24) hours per day Emergency On Call service. C) Administration and enforcement of the Eagle County Animal Service Resolution presently in effect and as may be subsequently amended as applied within the Town of Avon or the Municipal Ordinance as may apply. D) 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. E) Emergency on Call service will be provided during the period when an Eagle County Animal Service Officer is not on duty. In the event that an Eagle County Animal Service 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 Service Officer arrives to resolve said incident. F) 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. 3 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 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 July 1, 2007 and shall end on the 31St day of December 2008. The parties will meet in August of 2008, to review this agreement prior to extending this agreement, modifying the agreement, or to terminate the agreement. The agreement shall run yearly from January 1, to December 31, each year, with a review by each parties 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, and both parties shall be relieved of any and all duties and obligations under this Agreement. S 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 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 ATTEST: BOARD OF COUNTY COMMISSIONERS By: By: Clerk to the Board of Arn Menconi, Chairman County Commissioners ATTEST: Town Clerk c \animal\Eagle.con TOWN OF AVON Mayor INTERGOVERNMENTAL AGREEMENT BETWEEN THE COUNTY OF EAGLE, STATE OF COLORADO AND THE TOWN OF AVON This Agreement made this day of ��- , 2007 by and between the County of Eagle, State of Colorado, bo y corporate and politic (the "County ") and the Town of Avon, a municipal corporate e "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 30 -11 -101, as amended. 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 of that certain property legally described as the Town of Avon. SECTION 2. DEFINITIONS. Emergency on Call services is defined as emergency calls received by the County for which Animal Services assistance is required and no Animal Service 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 the County. 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 within the Town of Avon The County shall provide: A) A minimum of 32 hours of patrol per month, consisting of inspection tours looking for violations or responding to complaints. The patrols shall be performed on a daily basis throughout the month. The scope of these patrols is to be designed to produce voluntary compliance and uniform administration of the Pet Animal regulations. B) Twenty -four (24) hours per day Emergency On Call service. C) Administration and enforcement of the Eagle County Animal Service Resolution presently in effect and as may be subsequently amended as applied within the Town of Avon or the Municipal Ordinance as may apply. D) 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. E) Emergency on Call service will be provided during the period when an Eagle County Animal Service Officer is not on duty. In the event that an Eagle County Animal Service 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 Service Officer arrives to resolve said incident. F) 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. 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 Ordinances relating to animals now in effect and as 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 of Avon agrees to pay the County, monthly, the sum of $1,512.00 based on estimated patrols and on estimated annual sheltering requirements. The Town of Avon agrees to pay the County, on or before the fifteenth of each month, for services rendered the previous 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. SECTION 7. PERSONNEL. 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. 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. 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, above, and except for employees of the operator of the Shelter. 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 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 July 1, 2007 and shall end on the 31St day of December 2008. The parties will meet in August of 2008, to review this agreement prior to extending this agreement, modifying the agreement, or to terminate the agreement. The agreement shall run yearly from January 1, to December 31, each year, with a review by each parties 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, and both parties shall be relieved of any and all duties and obligations under this Agreement. 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 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 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 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 ATTEST: BOARD OF COUNTY COMMISSIONERS Bv: Clerk to the Board of County Commissioners Arn Menconi, Chairman Message Patty McKenny From: Joel Rosenstein [JRosenstein @SennLaw.com] Sent: Thursday, August 02, 2007 1:31 PM To: John Dunn email; Patty McKenny Subject: RE: the Gates Please forward it to me. Thanks. Joel Rosenstein Senn Visciano Kirschenbaum P.C. 1801 California Street, Suite 4300 Denver, CO 80202 303 - 298 -1122 Fax: 303-296-9101 JRosenstein @SennLaw.com www.SennLaw.com Page 1 of 2 This electronic message contains information from the law firm of Senn Visciano Kirschenbaum PC that may be privileged and confidential. The information is intended for the use of the addressee(s) only. If you are not an addressee, note that any disclosure, copying, distribution or use of the contents of this message is prohibited. If you have received this e-mail in error, please contact the sender at the number listed above. DISCLOSURE UNDER IRS CIRCULAR 230: Any tax advice contained in this communication (including any attachments) is not intended or written to be used, and may not be used, by a taxpayer for the purpose of avoiding tax penalties under United States federal tax laws or promoting, marketing or recommending to another party any tax related transaction or matter addressed herein. From: John Dunn [mailto:jdunn @jwdunnlaw.com] Sent: Thursday, August 02, 2007 1:28 PM To: Patty McKenny Cc: Joel Rosenstein Subject: RE: the Gates Joel, can you help us out with this? John W. Dunn John W. Dunn & Associates, LLC Attorneys At Law P. O. Box 7717 Avon, Colorado 81620 (970) 748 -6400 Telephone (970) 748 -8881 Fax jdunn @jwdunnlaw.com Privileged /Confidential Information may be contained in this message and any related attachments. If you are not the addressee indicated in this message (or responsible for delivery of the message to such person), you may not copy, review, distribute or forward the contents of this message to anyone. In such case, you should delete this message from your computer and kindly notify the sender by reply email. Thank you. - - - -- Original Message - - - -- 8/2/2007 Memo To: Honorable Mayor and Town Council Thru: Bill Efting, Town Manager —A From: Steve Hodges through Chief Jeff Layman Date: December 6, 2001 Re: Eagle County Animal Control contract. Summary: A contract with Eagle County Animal Control to provide Housing for animals impounded within the Town of Avon and to provide animal control services for specific circumstances. I recommend approval of the contract. Previous Council Action: this contract has not been before the Council, although it is identical to the contracts approved the previous three years. Discussion: The Avon Municipal Code provides for the enforcement of animal control laws. Inevitably, this leads to the impoundment of animals. Eagle County Animal Control's shelter facility and adoption program is available to us through this contract. Contracting these services is an economically feasible alternative to the Town of Avon operating it's own shelter. Financial Implications: The contract has a fixed charge of $3,000 plus a provision for additional charges if Eagle County Animal Control is requested to assist Avon personnel. $5,500 is budgeted in 2002 for this service. Recommendation: Approval of the Contract. Alternatives: Create a Town of Avon supervised/run animal shelter, adoption and euthanasia program. Proposed Motion: "I move to approved the proposed services Contract with Eagle County Animal Control for the 2002 calendar year. " INTERGOVERNMENTAL AGREEMENT BETWEEN THE COUNTY OF EAGLE, STATE Of ` , OLORADO AND THE TOWN OF AVON This Agreement made this day of , 2001, by and between the Town of Avon (the "Town ") and the County cf Eagle, State of Colorado (the "County"). WHEREAS, the Town and County have entE ri -A into an Intergovernmental Agreement dated September 30, 1994, pursuant to vi ich County agreed to provide certain animal control services to Town; and WHEREAS, the Town and County both want to & a -ige the scope of services to be provided by County; and WHEREAS, the County is agreeable to rendering knimal Control Services on the terms and conditions hereinafter set forth; and WHEREAS, this Intergovernmental Agreement iscwthorized pursuanttoC.R.S. 30- 11 -101, as amended_ NOW, THEREFORE, in consideration of the mui .gal covenants, conditions and promises contained herein, the parties hereto agree heraby as follows: SECTION 1. DEFINITIONS. Emergency on Call services is defined as emergE n �,y calls received by the County for which County assistance is required because of the t. n availability of Town employees to respond. Shelter means The Eagle CountyAnimal Shelterlc.c ated at 1400 Fairgrounds Road, Eagle, Colorado, or any other shelter facility operated c r designated the by County. Unclaimed Day is defined as a calendar day or a:ar:y part thereof during which an unclaimed animal is confined in Shelter on behalf of the ­own. SECTION 2. TERRITORY COVERED. ,n-- ,!-a w k A SECTION 6. EQUIPMENT. The County shall furnish and supply, at its sole s�xpense, all necessary labor, supervision, equipment, motor vehicles, office space, a 7::1 operating and office supplies necessary to provide the services to be rendered hereLr. Jer. SECTION 7. COMPENSATION. Town will pay County for services rendered hereur der: A) Shelter Services: Town will pay the County $600.00 quarterly and reimburse the County the actual expenses the County is char,( cd for veterinary services and euthanasia services. The Town will reimburse the Coun y for unclaimed days as follows: Eight dollars and fifty cents per animal day past the yi:;arly allotment of 235 animal days.The first $500.00 quarterly payment shall be pro- rati ;.iJ by day if the contract becomes effective after the beginning of a quarter. B) On call coverage Services: The Town will ;)i;iy the County $10.00 per night and per weekend /holiday day /night shift for which Count, i::, scheduled to provide services and $50.00 per response for all hours that the County Olfi,aers are not on duty. The Town will pay the County $35.00 per call for each call -for - serdrl,e for all hours that the County officers are on there regularly scheduled shifts. The Cou ity will not provide Patrol Service on any basis for the Town. All fees collected at the Eagle County Animal Shel-cir shall belong to and remain the property of the County, provided that Return -to -owner f, es collected shall be credited against the Shelter Service expenses to be reimbursed the Town. All court fines and costs will remain with the court of venue. The Town will pay the County the foregoing on of before the fifteenth day of the month following receipt of County's bill for services. Th: o bill for services along with the quarterly report shall be presented quarterly. SECTION 8. PERSONNEL. The Eagle County Animal Control Officer shall hay c full cooperation from the Town of Avon, its public works, its police officers and /or their rspective officers, agents, and employees, so as to facilitate the performance of this Alp -I ement. The rendition of Animal Control Services provic. ed for herein, the standards of performance, the discipline of officers, and other mattes s incident to the performance of such services and the control of personnel so employed, -y "i all remain in the County. In the 3 R other party thirty days' prior written notice of terminatioi i. Upon termination, the County shall be entitled to compensation for services performed prior to such termination, and -both parties shall be relieved of any and all duties and obliga,.th:ms under this Agreement. County's agreement with the Town of Avon is. contingent upon funds being budgeted and appropriated for that purpose. Town's an.-J !;ounty's obligations hereunder after the current fiscal year are contingent on funds bein;.3 -udgeted and appropriated for the purposes of performing the terms of this Agreement SECTION 11. GENERAL PROVISIONS, A. Notices. All notices, requests, conseni.s. approvals, written instructions, reports or other communication by the Tow:i .)f Avon. and the County, under this Agreement, shall be in writing and sh'al'l 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 County of Eagle: Town of Avon P.O. Box 975 Avon, Colorado 81620 Eagle County. Attorney P.O. Box 850 Eagle, CO 81631 Either party may change the address to wt.ii -ti notices, requests, consents, approvals, written instructions, reports or of ier communications are to be given by a notice of change of address giver in the manner set forth in this paragraph A. B. This agreement does not and shall not be : -J emed to confer upon or grant to any third party any right to claim damago.,; or to bring any lawsuit, action or other proceedings against either the Tovvr• or the County because of any breach hereof or because of any terms, cover Pints, agreements or conditions contained herein. C. No modification or waiver of this Agreement or of any covenant, condition, or provision herein contained shall be v,il d unless in writing' and duly executed by the party to be charged therewil-h. a i uo INTERGOVERNMENTAL AGREEMENT FOR 800 MHz WIDE AREA SMARTZONE TRUNKING RADIO SERVICES THIS INTERGOVERNMENTAL AGREEMENT is made and entered into this day of , 2001, effective September 1, 2001 by and between the County of Eagle, State of Colorado, a body corporate and politic, acting by and through its Board of County Commissioners ( "County ") and Town of Avon, a [municipal corporation, a special district under the laws of Colorado], acting by and through its Board of Directors ( "User"). RECITALS 1. Eagle County has begun the installation of a planned multi -phase 800 MHz radio system project, the successive phases being intended to expand the territorial reach of the system ( "800 MHz System "). The completed phases of the 800 MHz System are operating. 2. Eagle County is willing to provide User, and other governments, emergency service responders (all of which, together, are referred to herein as "Users "), and certain other special districts, non - exclusive access to the 800 MHz System. 3. User wants to use the 800 MHz System for its intrajurisdiction and interjurisdiction communications. 4. County and User are authorized by Colorado Constitution Art XIV §18(2) and §29 -1 -201, et seq., CRS, to enter into this agreement. They want to enter into it to establish the terms and conditions for User's access to the 800 MHz System. NOW THEREFORE, for and in consideration of the promises set forth herein, the parties agree as follows: ARTICLE I TERM & TERMINATION The-initial Term of this Agreement shall be September 1, 2001, through December 31, 2001. This Agreement shall be automatically renewed for successive one -year periods (January 1 through December 31), not exceeding four (4) such renewals, unless it is terminated in accordance with this Article or unless either party gives the other written notice of its election not to renew not later than June 30 of the expiring term. Any time during the Term of this Agreement, any party aggrieved of a material breach of this Agreement may serve on the other party a written notice describing the breach. If the breach is page 1 H: \DIANA \IGA 80OMHZ 2001.DOC direct control of the County, shall not constitute a breach of this Agreement and the County shall not be liable for any injuries, damages or losses of any nature whatsoever resulting, directly or indirectly, from such failure, impairment, delay or interruption. By entering into this Agreement, User accepts the 800 MHz System as it presently exists and subject to the foregoing limitations. ARTICLE III THE 800 MHz SYSTEM USER GROUP County will establish the "800 MHz User Group" ( "User Group ") for the purpose of assisting the County in administering the multiple - jurisdiction use of the 800 MHz System. The User Group will consist of the Eagle County Sheriff, four (4) representatives from public safety agency Users and one (1) representative of Shared User agencies selected by the Board of County Commissioners. The five Users representatives shall serve two -year terms or until their successors are appointed by the Board of County Commissioners. The Sheriff is the Chairman of the User Group. The User Group shall meet at the call of the Sheriff or in accordance with such bylaws as it may adopt. The User Group is an advisory board to the Eagle County Board of County Commissioners, and is not an independent legal entity. The User Group is responsible for developing a budget for the operation of the 800 MHz System. It will annually review the operating cost of the system and recommend User fees. Recognizing that the costs and revenues from operation of the 800 MHz System must be incorporated into the annual County budget, and the annual budgets of all Users, the User Group will make its recommendation to the Eagle County Sheriff not later than July 15th of each year, or as soon thereafter as is practicable. The User Group is responsible for reviewing and approving template designs for 800 MHz System Users. ARTICLE IV SYSTEM COORDINATION The Eagle County Sheriff, or his designee, shall serve as "System Manager." Each User shall designate a "Trunking Coordinator" who will serve as the single point of contact between the User and the User Group and /or System Manager. A designation shall be made by notice in writing to the System Manager, and may be changed at User's discretion by written notice to the System Manager. page 3 H: \DIANA \IGA 800MHZ 2001.DOC ARTICLE VII SYSTEM RULES OF USE FCC RULES. County holds a license from FCC for the operation of the 800 MHz System. User shall comply with the terms of the license and federal, state and local laws, orders and regulations with respect to system use. SCAN. User will use the Motorola "SCAN" feature at its own risk. The County is not responsible for loss of radio traffic to the User's radio when using scan and roaming throughout the network. DISABLING RADIO. In the SmartZone environment, it is possible for a User's radio to "drag" voice traffic to a radio site, thus causing power consumption and system loading. The System Manager reserves the right to disable a radio from one or more SmartZone sites should the radios cause sites to be busy. After initial installation, should any interference result from the User's operation of this equipment the County may order corrective measures — including discontinuing equipment, uses and activities which are or may be causing the interference — to be taken immediately and interference eliminated within two (2) days of giving notice. The User shall be responsible and shall assume the cost of the corrective measures needed to eliminate the interference or modify it to the satisfaction of the System Manager. ARTICLE VIII SECURITY User may not loan, issue or assign any radios on a permanent or temporary basis to any outside organization without a written authorization by the System Manager. Radio programming security requires that no radio service software (RSS) modifications can be made to the units or central electronics (CEB) consoles without the written approval of the System Manager. These modifications include the system ID number, control channels, connect tones, call alert parameters, secure parameters, emergency channels, or any present or future options in future RSS software releases. Users will be responsible and will assume the cost of the corrective measures needed to eliminate system problems due to any unauthorized radio software modifications. (r-' page 5 H: \DIANA \IGA 80OMHZ 2001.DOC communications. This includes using a logical patch talk group to bypass User's conventional radio system. ARTICLE XIII PRICING STRUCTURE - DEFINITIONS. Tier 1 - Entities are defined as State, County, and Local Municipal Public Safety agencies in Eagle County. Tier 2 - Agencies of surrounding counties which are allowed by County to connect to the SmartZone "brain." "Shared Users" are special districts and quasi - governmental entities not providing public safety services. A "Unit" is either a handheld, portable, mobile radio, base station, or other identified unit. A "Mutual Aid Unit" is a Unit used by a non -User who is on the User's system for purposes of providing mutual aid for some specific incident. ARTICLE XIV PRICING STRUCTURE - FEES. The annual fee for the first year of the term of this Agreement (prorated based on a 365 -day year) is as follows: Tier 1 Users will pay a flat rate of $200.00 per unit, per year for the year 2001; provided that County may negotiate credits with individual Users who contribute enhancements to the 800 MHz System. Tier 2 Users will pay a flat rate of $ per month per port. The following year's pricing structure for all Users will be determined after an annual review by the User Group of the actual operating cost incurred during the past year. The operating cost will need to be re- evaluated every year. The formula to determine the operating cost will be: Site rental costs, Microwave tower rental, Backbone maintenance, Wire line lease costs, Equipment repair and replacement costs, and System Manager costs. page 7 H: \DIANA \IGA 80OMHZ 2001.DOC RIM I 11V 0 N C O L O R A D O January 16, 2001 A.J. Johnson, Sheriff P.O. Box 359 Eagle County, CO 81631 Dear Mr. Johnson: Enclosed please find the original of the Intergovernmental Agreement between the Town of Avon and Eagle County which you requested concerning the 800 MHz system. The Town of Avon approved this agreement on January 9, 2001, and the signature of the Mayor appears. Please have this agreement approved by Eagle County and return either the original or a copy to me. Thank you. Sincerely, Burt Levin Town Attorney Cc: Bill Efting, Town Manager Jeff Layman, Police Chief Kris Nash, Town Clerk Scott Wright, Finance Director Harry Taylor, Transportation Director 7 P tP st Office Boa 975 3enchmarl, Road Amon. Colorado 81620 970 -748 -4000 9170-949-9139 Fax 970 -845 -7708 TTY INTERGOVERNMENTAL AGREEMENT FOR 800 MHz WIDE AREA SMARTZONE TRUNKING RADIO SERVICES THIS INTERGOVERNMENTAL AGREEMENT is made and entered into this — day of . , 2000, effective February 1 2001 , by and between the County of Eagle, State of Colorado, a body corporate and politic, acting by and through its Board of County Commissioners ( "County ") and Town of Avon , a [municipal corporation, a special district under the laws of Colorado], acting by and through its ( "User "). RECITALS 1. Eagle County has begun the installation of a planned multi -phase 800 MHz radio system project, the.-successive phases being intended to expand the territorial reach of the system ( "800 MHz System "). The completed phases of the 800 MHz System are operating. 2. Eagle County is willing to provide User, and other governments, emergency service responders (all of which, together, are referred to herein as "Users "), and certain other special districts, non - exclusive access to the 800 MHz System. 3. User wants to use the 800 Mhz System for its intrajurisdiction and intedurisdiction communications. 4. County and User are authorized by Colorado Constitution Art )UV § 18(2) and §29 -1 -201, et seq., CRS, to enter into this agreement. They want to enter into it to establish the terms and conditions for User's access to the 800 Mhz System. NOW THEREFORE, for and in consideration of the promises set forth herein, the parties agree as follows: ARTICLE I TERM & TERMINATION The initial Term of this Agreement shall be Feb.1 ' 01 2001 , through December 31, 2 0 01 This Agreement shall be automatically renewed for successive one -year periods (January 1 through December 31), not exceeding four (4) such renewals, unless it is terminated in accordance with this Article or unless either party gives the other written notice of its election not to renew not later than June 30 of the expiring term. page 1 G:\B0BWIP \Sherifl\800MHZ IGA Aug 21 Rev.WPD use of the System due to an Act of God or Force Majeure or due to any other causes beyond the direct control of the County, shall not constitute a breach of this Agreement and the County shall not be liable for any injuries, damages or losses of any nature whatsoever resulting, directly or indirectly, from such failure, impairment, delay or interruption. By entering into this Agreement, User accepts the 800 MHz System as it presently exists and subject to the foregoing limitations. ARTICLE III TIME 800 MHz SYSTEM USER GROUP County will establish the "800 MHz User Group" ( "User Group ") for the purposes of assisting the County in administering the multiple jurisdiction use of the 800 MHz System. The User Group will consist of the Eagle County Sheriff, four (4) representatives from public safety agency Users and one (1) representative of Shared User agencies selected by the Board of County Commissioners. The five Users representatives shall serve two -year terms or until their successors are appointed by the Board of County Commissioners. The Sheriff is the Chairman of the User Group. The User Group shall meet at the call of the Sheriff or in accordance with such bylaws as it may adopt. The User Group is an advisory board to the Eagle County Board of County Commissioners, and is not an independent legal entity. The User Group is responsible for developing a budget for the operation of the 800 MHz System. It will annually review the operating cost of the system and recommend User fees. Recognizing that, the costs and revenues from operation of the 800 MHz System must be incorporated into the annual County budget, and the annual budgets of all Users, the User Group will make its recommendation to the Eagle County Sheriff not later than July 15 of each year, or as soon thereafter is practicable. The User Group is responsible for reviewing and approving template designs for 800 MHz System Users. ARTICLE IV SYSTEM COORDINATION The Eagle County - Sheriff, —or -his designee, shall serve as "System Manager." Each User shall designate a "Trunking Coordinator" who will serve as the single point of contact between the User and the User Group and/or System Manager. A designation shall be made by page 3 G:\B0BWIP \SherifR800MHZ IGA Aug 21 Rev.WPD ARTICLE VII SYSTEM RULES OF USE FCC RULES. County holds a license from FCC for the operation of the 800 MHz System. User shall comply with the terms of the license and federal, state and local laws, orders and regulations with respect to the system's use. SCAN. User will use the Motorola "SCAN" feature at its own risk. The County is not responsible for loss of radio traffic to the User's radio when using scan and roaming throughout the network. DISABLING RADIO. In the SmartZone environment, it is possible for a User's radio to "drag" voice traffic to a radio site, thus causing power consumption and system loading. The System Manager reserves the right to disable a radio from one or more SmartZone sites should the radios cause sites to be busy. After initial installation, should any interference result from the User's operation of this equipment the County may order corrective measures - including discontinuing equipment, uses and activities which are or may be causing the interference - to be taken immediately and interference eliminated within two (2) days of giving notice. The User shall be responsible and shall assume the cost of the corrective measures needed to eliminate the interference or modify it ,—� to the satisfaction of the System Manager. ARTICLE VIII SECURITY User may not loan, issue or assign any radios on a permanent or temporary basis to any outside organization without a written authorization by the System Manager. Radio programming security requires that no radio service software (RSS) modifications can be made to the units or central electronics (CEB) consoles without the written approval of the System Manager. These modifications include the system ID number, control channels, connect tones, call alert parameters, secure parameters, emergency channels, or any present or future options in future RSS software releases. Users will be responsible and will assume the cost of the corrective measures needed to eliminate system problems due to any unauthorized radio software modifications. page 5 G:\B013W1P\Shcriffi800MHZ IGA Aug 21 Rev.WPD primary communications. This includes using a logical patch talk group to bypass User's conventional radio system. ARTICLE XIII PRICING STRUCTURE - DEFINITIONS. Tier I - Entities are defined as State, County, and Local Municipal Public Safety agencies in Eagle County. Tier 2 - Agencies of surrounding coup Ies M w 1c owed by County to connect to the SmartZone "brain." "Shared Users" are special districts and - quasi - governmental entities not providing public safety services. A "Unit" is either a hand held, portable, mobile radio, base station, or other identified unit. A "Mutual Aid Unit" is a Unit used by a non -User who is on the User's system for purposes of providing mutual aid for some specific incident. ARTICLE XIV PRICING - STRUCTURE -FEES. The annual fee for the first year of the term of this Agreement (prorated based on a 365 -day year) is as follows: Tier 1 Users will pay a flat rate of $200.00 per unit, per year for the year 2000; provided that County may negotiate credits with individual Users which contribute enhancements to the 800 MHz System. Tier 2 Users will pay a flat rate of $ per month per port. The following year's pricing structure for all Users will be determined after an annual review by the User Group of the actual operating cost incurred during the past year. The operating cost will need to be re- evaluated every year. The formula to determine the operating cost will be: Site rental costs, Microwave tower rental, Backbone maintenance, Wire line lease cost, Equipment repair and replacement cost, and System Manager. __ -- page 7 G:\BOBWIP \Sherift\800MHZ IGA Aug 21 Rev.WPD Eagle County SmartZone Radio Unit Criteria It is fully understood that all entities wishing to use the Eagle County 800 MHz system will not have the same requirements. Some may have the need for full County -Wide coverage while others may need the use of only one, two, or three sites. For that reason, we have established a Shared-User Agreement which outlines the options available to the end user and the costs associated with use of the system. The actual radio units that may be used on the system vary in both features and price..The requirements of your specific entity will assist in determining the type of actual radio unit that will meet your needs. The Motorola Representative or the Eagle County System Manager can assist you in determining the best radio unit to meet your needs. Eagle County has a sizable investment in this system and must therefore safeguard the integrity of the system for the Public Safety Agencies, who will be the primary users of the system. This will be accomplished by establishing some acceptable minimum criteria for radio units allowed on the system. Any unit accessing the system will be required to meet the following minimum technical specifications: Minimum Technical Radio Requirements: • Analog capable radio • Programmable in the 800 mHz frequency band • Must be compatible with Motorola 3600 Baud Trunked signaling format • Must utilize Type H signaling format - -- - •- — Must immediately- affiliate =with the- system -when unit-is turned -on -and -when the channel is changed. • The Serial number, Model number, and unit ID must be on file with the Eagle County System Manager before a unit can be used on the system • Radio must have SmartZone Software - LTS portable and LCS Mobile or Above. Eagle County System Disclaimers: • Beyond the basic feature set of "Transmit and Receive" other features of low -tier radios may or . may not fully function on the SmartZone system (ie. Private Conversation, Call Alert, Telephone Interconnect, Dynamic Regrouping, Talkgroup Merge, Selective Radio Inhibit, Emergency ID, or transparent roaming). • Eagle County cannot guarantee that the system will support analog radios beyond the year 2001- ??? Eagle County reserves the right to convert the system to Digital and/or APCO 25 signaling after providing 6 months notice to all users. - - L w- tier- radies4nay- r- equir-e- that- the - user- manual-1 -y -change radio-channels- according to location. Preferred Feature Set: • Analog SmartZone compatible or Digital Flashport capable radio are preferred for use on the system. This will allow the user to obtain full utilization of the system. • Entities that wish to reduce initial costs may want to purchase a platform of radio that can be "Flashed" (computer upgraded to full SmartZone capable) so that as their system needs increase the feature sets in the radios can be programmed accordingly. r OFFICE OFTHE COUNTY ATTORNEY (970) 328 -8685 FAX: (970) 328-8699 www.eaglecounty.us September 08, 2005 Town of Avon P.O. Box 975 Avon, CO 81620 Re: `8911" Telephone Service Dear Sir or Madam: EAGLE COUNTY Enclosed for your records is a copy of the second amendment to the Intergovernmental Agreement concerning the implementation of an `8911" telephone service. Please do not hesitate to contact our office if you have any questions or concerns. Sincerely, Bryan R. Treu County Attorney BRT:rry Enclosure Eagle County Building, 500 Broadway, P.O. Box 850, Eagle, Colorado 81631 -0850 WHEREAS, the Original IGA contained a provision limiting the collection of an emergency telephone charge to an amount not to exceed seventy cents ($30) per month despite the statutory authorization of a higher amount pending Public Utilities Commission approval as set forth in C.R.S. §29- 11- 102(2)(b). WHEREAS, the Authority Board desires that the Original IGA be amended to include the same statutorily authorized collection amounts as set forth in C.R.S. §29 -11 -102. WHEREAS, the Parties desire to amend the Original IGA to include the changes set forth below. In consideration of the mutual covenants set forth in the Original IGA and the additional covenants set forth hereunder, the sufficiency of which is hereby acknowledged, the Parties agree that this Second Amendment shall replace and supersede those sections of the Original IGA as stated hereunder. ARTICLE 3.1, EMERGENCY TELEPHONE SERVICE AUTHORITY BOARD, shall be deleted in its entirety and replaced with the following: "ARTICLE 3.1— EMERGENCY TELEPHONE SER VICE A UTHORITYBOARD The Board of Directors of the Authority ( "Authority Board ") shall consist of five (5) members who shall be appointed by, and serve at the pleasure of, the Board of County Commissioners. One member shall be appointed from east of Wolcott, one member from west of Wolcott, and three members shall be appointed at- large." ARTICLE 5.3, POWERS OF THE AUTHORITY, shall be deleted in its entirety and replaced with the following: "ARTICLE 5.3 — POWERS OF THE A UTHORITY Collect an emergency telephone charge in those portions of the service area for which emergency telephone service is to be provided as statutorily authorized by C.R.S. §29 -11 -102 or other future applicable statutory provision." The Parties agree that, except as expressly altered, modified and changed in this Second Amendment, all terms and provisions of the Original IGA shall remain in full force and effect, and hereby are ratified and confirmed in all respects as of the date hereof. If any conflict exists between the provisions of this Second Amendment and the Original IGA, the provisions of this Second Amendment shall control. IN WITNESS WHEREOF, the parties have executed this Second Amendment effective on the day and year first above written. ATTEST: By: ( �'� Teak J. Simonton 1, Clerk to the Board of County Commissioners ATTEST: By: Clerk ATTES By, ATTEST: By: Clerk ATTEST: By: Clerk COUNTY OF EAGLE, STATE OF COLORADO B;y. and its Board of County Commissioners B nconi, Chairman P.O. Box 850 Eagle, CO 81631 TOWN OF VAIL By: Mayor 75 South Frontage Road Vail, CO 81657 TOWN OF AVON By: May P.O. Box 975 Avon, CO 81620 TOWN OF EAGLE By: P.O. Box 609 Eagle, CO 81631 TOWN OF GYPSUM By: P.O. Box 237 Gypsum, CO 81637 3 Mayor Mayor ri ATTEST: COUNTY OF EAGLE, STATE OF COLORADO By and Through its Board of County Commissioners Teak J. Simonton Clerk to the Board of County Commissioners ATTEST: By: Clerk ATTEST: : Clerk Am Menconi, Chairman P.O. Box 850 Eagle, CO 81631 TOWN OF VAIL By: Mayor 75 South Frontage Road Vail, CO 81657 TOWN OF AVON to P.O. Box 975 Avon, CO 81620 Mayor ATTEST: TO EAGLE By' ,. ,k l Mayor i Uox, 609 Eagle, CO 81631 ATTEST: By: Clerk TOWN OF GYPSUM By: P.O. Box 237 Gypsum, CO 81637 3 Mayor ATTEST: By: Clerk ATTEST: By: Clerk ATTEST: By: ATTEST: By: TOWN OF MINTURN By: 0 /Mayor P.O. Box 309 Minturn, CO 81645 TOWN OF RED CLIFF By: Mayor P.O. Box 40 Red Cliff, CO 81649 THE GREATER EAGLE FIRE PROTECTION DISTRICT By: P.O. Box 666 Eagle, CO 81631 THE GYPSUM FIRE PROTECTION DISTRICT By: P.O. Box 243 Gypsum, CO 81637 ATTEST: WESTERN EAGLE COUNTY AMBULANCE DISTRICT By: By: Chairman P.O. Box 1077 Eagle, CO 81631 4 w ATTEST: By: Clerk ATTEST: By: Clerk ATTEST: By:(� ATTEST: By: ATTEST: By: TOWN OF MINTURN By: Mayor P.O. Box 309 Mintum, CO 81645 TOWN OF REIN CLIFF By: Mayor P.O. Box 40 Red Cliff, CO 81649 THE GREATER EAGLE FIRE PROTECTION DISTRICT By: Chairman P.O. Box 666 Eagle, CO 81631 THE GYPSUM FIRE PROTECTION DISTRICT By: P.O. Box 243 Gypsum, CO 81637 WESTERN EAGLE COUNTY AMBULANCE DISTRICT By: P.O. Box 1809 Eagle, CO 81631 a Chairman Y ATTEST: TOWN OF MINTURN By: By: Clerk Mayor P.O. Box 309 Mintum, CO 81645 ATTEST: TOWN OF RED CLIFF By: By: Clerk Mayor P.O. Box 40 Red Cliff, CO 81649 ATTEST: THE GREATER EAGLE FIRE PROTECTION DISTRICT By: By: Chairman P.O. Box 666 Eagle, CO 81631 ATTEST: THE GYPSUM FIRE PROTECTION DISTRICT By: By: P.O. Box 243 Gypsum, CO 81637 ATTEST: WESTERN COUNTr,Y AMBULANCE DISTRICT By: A--B -- Chairman P.O. Box 1809 Eagle, CO 81631 N MEMORANDUM DEPARTMENT OF TRANSPORTATION HQ Safety and Traffic Engineering Branch OT, Safety Engineering and Analysis Group 4201 East Arkansas Ave., EP700 Denver, CO 80222�� 303.512.5100 Phone 303.757.9219 Fax TO: Officer Robert Gallen, Avon police Department FROM: Lanney Holmes, State LEAF Administrator SUBJECT: 2003 LEAF DATE: December 18, 2002 Enclosed is a fully executed copy of your 2003 LEAF contract. Please secure this copy in your files for reference. You are now able to begin utilizing the grant beginning January 1s', 2003. If you have any questions regarding the contract and its stipulations, please call me at 303 -757- 9462. Lanney Holmes State LEAF Administrator Project # L -05 -03 DEPARTMENT OR AGENCY NUMBER: HAA CONTRACT ROUTING NUMBER: 03 HTS 00017 CONTRACT THIS CONTRACT, Made this �? _day of �hc.c��- ;�����^ , 200.)-, by and between the State of Colorado, for the use and benefit of the Colorado Department of Transportation, Office of Transportation Safety, 4201 East Arkansas Avenue, Denver, Colorado 80222 (hereinafter referred to as "the State ") and the City of Avon for the Avon police Department 400 Benchmark Rd. PO Box 935 Avon, CO 81620 (hereinafter referred to as "the Contractor "). WHEREAS, authority exists in the Law and Funds have been budgeted, appropriated and otherwise made available and a sufficient unencumbered balance thereof remains available for payment in Fund Number 403, Appropriation Code 304, ORGN 9813, FEIN #84- 0771088 and GBL# LE05; WHEREAS, required approval, clearance and coordination has been accomplished from and with appropriate agencies; and WHEREAS, the Legislature has created the Law Enforcement Assistance Fund (LEAF) for the prevention of drunken driving (43 -4 -401 through 43 -4 -404, CRS, replacement edition); and WHEREAS, LEAF has been established to provide funds to aid in the prevention of drunken driving and the enforcement of laws pertaining to driving under the influence of alcohol and drugs; and WHEREAS, pursuant to 43 -4 -404, C.R.S., the State is authorized to allocate LEAFfunds bycontract to local authorities (cities and counties) to benefit the health and safety of persons in Colorado by the implementation of local programs developed by the local authorities for drunken driving prevention and law enforcement improvements; and WHEREAS, the Contractor has submitted a LEAF project funding Application, which has been approved by the State; and WHEREAS, the Contractor has established a qualified program, consistent with current State Highway Safety rules at 2CCR 602 -1, to coordinate efforts to prevent drunken driving and to enforce laws pertaining to driving under the influence of alcohol and drugs within its jurisdiction; and WHEREAS, the Contractor has available the technical ability to properly perform the project as described in the Approved Application and to address the LEAF objectives of the Legislature; and WHEREAS, this Contract is executed by the State under authority of 29 -1 -203, 43 -1 -106, 43 -4 -402 and 403, and 24 -42 -103 CRS, and by the Contractor under sections 29 -1 -203 and 30 -11 -101, 31 -15 -101 CRS or home rule charter, as applicable, and the attached resolution. NOW THEREFORE, it is hereby agreed as follows: 1. The Contractor's Approved LEAF Application, the LEAF Contract Management Manual dated February 1, 2000 and LEAF Application Guidelines, the State Highway Safety Rules at 2CCR 602 -1, and Attachments A, B and C are incorporated herein by this reference as terms and conditions of this contract. The Contractor acknowledges that it has received copies of the LEAF Contract Management Manual, the Application Guidelines, and the State Highway Safety Rules. The Contractor shall comply with all terms and conditions of this Contract. In the event of a conflict between the terms of this Contract and the terms of the incorporated materials, the following priority shall be used to resolve such conflict: A. State Highway Safety Rules; then B. LEAF Contract Management Manual and Guidelines; then C. This Contract; then D. Attachments A, B, C, in that order; then E. Approved Application. 2. The Contractor shall carry out the program and shall perform the activities which are specifically described in the Approved Application and are generally described in Attachment A (collectively, "the project "). 3. The Contractor shall submit quarterly reports to the State detailing the performance of this Contract according to the reporting criteria described in Attachment B. 4. Project Funding Provisions. The total budget amount authorized by this Contract for the actual costs of the project work is $12,000, as described in Attachment C. The State shall participate in the payment as provided herein. State's maximum (from LEAF) $12,000 TOTAL AMOUNT $12,000 The State shall use LEAF funds exclusively to pay for the actual costs incurred by the Contractor for the project work up to the State's maximum. If the Contractor incurs project costs which exceed the Attachment C budget amount without first obtaining an approval in that amount by written contract amendment, the Contractor shall be solely responsible for the payment of such excess costs. The State budget amount will be provided solely from LEAF funds. Any obligation of the State under this Contract is contingent upon LEAF funds being available for this Contract. The State will pay the Contractor for actual costs incurred on a quarterly basis, subject to prior review and approval by the State of work performance and pursuant to payment procedures contained in the LEAF Contract Manual. The Contractor shall maintain an itemized accounting of all billings and other records to support all costs charged to the Contract and shall present same to the State upon request. 5. The effective date of this contract shall be the date the Controller of the State of Colorado approves this contract, or such later date specified herein. The Contract shall begin January 1, 2003, and shall terminate on December 31, 2003. 6. 'fhe Contractor agrees that any subcontracts entered into by the Contractor under this Contract must meet all applicable State and Federal requirements and must be approved by the Office of Transportation Safety prior to execution by the Contractor. 7. a) Termination Due to Loss of Funding. The parties hereto expressly recognize that the Contractor is to be paid, reimbursed, or otherwise compensated solely with certain funds provided to the State for the purpose of contracting for the services provided for herein. Therefore, the Con- tractor expressly understands and agrees that all its rights, demands and claims to compensation arising under this Contract are contingent upon receipt of such funds by the State. In the event that such funds or any part thereof are not received by the State, the State may immediately terminate this Contract. b) Termination for Cause. If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner the obligations under this Contract, or shall violate any of the covenants, agreements or stipulations of this Contract, the State shall thereupon have the right to terminate this Contract for cause by giving written notice to the Contractor such termination and specifying the effective date thereof, at least thirty (30) days before the effective date of such termination. In that event, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and reports of other material prepared by the Contractor under this Contract shall, at the option of the State, become its property, and the Contractor shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. Notwithstanding the above, the Contractor shall not be relieved of liability to the State for any damages sustained by the State party by virtue of a breach of the Contract by the Contractor, and the State may withhold any payments to the Contractor for the purpose of setoff until such time as the exact amount of damages due the State from the Contractor is determined. c) Termination for Convenience. The State may terminate this Contract at any time that it determines that the purpose of the distribution of monies under the Contract would no longer be served by completion of the Project. The State shall effect such termination by giving written notice of termination to the Contractor and specifying the effective date thereof, at least twenty (20) days before the effective date of such termination. 8. The Contractor shall adopt a resolution substantially in the form presented by the State, which approves this Contract and authorizes a signatory to execute this Contract. A copy of such resolution shall be attached to and made a part of this Contract. SPECIAL PROVISIONS (For Use Only with Inter - Governmental Contracts) 1. CONTROLLER'S APPROVAL. CRS 24 -30 -202 (1) This contract shall not be deemed valid until it has been approved by the Controller of the State of Colorado or such assistant as he may designate. 2. FUND AVAILABILITY. CRS 24 -30 -202 (5.5) Financial obligations of the State of Colorado payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. 3. INDEMNIFICATION. Indemnity: The contractor shall indemnify, save, and hold harmless the State against any and all claims, damages, liability and court awards including costs, expenses, and attorney fees incurred as a result of any act or omission by the Contractor, or its employees, agents, subcontractors, or assignees pursuant to the terms of this contract. No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protection, or other provisions for the parties, of the Colorado Governmental Immunity Act, Section 24 -10 -101 et seq. C.R.S. or the Federal Tort Claims Act, 28 U.S.C. 2671 et seq. as applicable, as now or hereafter amended. 4. INDEPENDENT CONTRACTOR. 4 CCR 801 -2 THE CONTRACTOR SHALL PERFORM ITS DUTIES HEREUNDER AS AN INDEPENDENT CONTRACTOR AND NOT AS AN EMPLOYEE. NEITHER THE CONTRACTOR NOR ANY AGENT OR EMPLOYEE OF THE CONTRACTOR SHALL BE OR SHALL BE DEEMED TO BE AN AGENT OR EMPLOYEE OF THE STATE. CONTRACTOR SHALL PAY WHEN DUE ALL REQUIRED EMPLOYMENT TAXES AND INCOME TAX AND LOCAL HEAD TAX ON ANY MONIES PAID BY THE STATE PURSUANT TO THIS CONTRACT. CONTRACTOR ACKNOWLEDGES THAT THE CONTRACTOR AND ITS EMPLOYEES ARE NOT ENTITLED TO UNEMPLOYMENT INSURANCE BENEFITS UNLESS THE CONTRACTOR OR THIRD PARTY PROVIDES SUCH COVERAGE AND THAT THE STATE DOES NOT PAY FOR OR OTHERWISE PROVIDE SUCH COVERAGE. CONTRACTOR SHALL HAVE NO AUTHORIZATION, EXPRESS OR IMPLIED, TO BIND THE STATE TO ANY AGREEMENTS, LIABILITY, OR UNDERSTANDING EXCEPT AS EXPRESSLY SET FORTH HEREIN. CONTRACTOR SHALL PROVIDE AND KEEP IN FORCE WORKERS' COMPENSATION (AND PROVIDE PROOF OF SUCH INSURANCE WHEN REQUESTED BY THE STATE) AND UNEMPLOYMENT COMPENSATION INSURANCE IN THE AMOUNTS REQUIRED BY LAW, AND SHALL BE SOLELY RESPONSIBLE FOR THE ACTS OF THE CONTRACTOR, ITS EMPLOYEES AND AGENTS. S. NON - DISCRIMINATION. The contractor agrees to comply with the letter and the spirit of all applicable state and federal laws respecting discrimination and unfair employment practices. 6. CHOICE OF LAW. The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be applied in the interpretation, execution, and enforcement of this contract. Any provision of this contract, whether or not incorporated herein by reference, which provides for arbitration by any extra judicial body or person or which is otherwise in conflict with said laws, rules, and regulations shall be considered null and void. Nothing contained in any provision incorporated herein by reference which purports to negate this or any other special provision in whole or in part shall be valid or enforceable or available in any action at law whether by way of complaint, defense, or otherwise. Any provision rendered null and void by the operation of this provision will not invalidate the remainder of this contract to the extent that the contract is capable of execution. At all times during the performance of this contract, the Contractor shall strictly adhere to all applicable federal and state laws, rules, and regulations that have been or may hereafter be established. 7. EMPLOYEE FINANCIAL INTEREST. CRS 24 -18 -201 & CRS 24 -50 -507 The signatories aver that to their knowledge, no employee of the State of Colorado has any personal or beneficial interest whatsoever in the service or property described herein. THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT CONTRACTOR: Avon police Department Legal Name of Contracting Entity 84- 077108 Social Security Authorized Officer int Name & Title of Authorized O icer STATE OF COLORADO: BILL OWENS, GOVERNOR By ,- _ � -Tom E. Norton Executive Director Colorado Department of Transportation LEGAL REVIEW: KEN SALAZAR, ATTORNEY GENERAL By WAIVED 4 -17 -98 APPROVED AS TO FORM: r {}� r � (An attestation is required.) ��!' • °°° Attest (Seal) By /b 1vt, (T wn/ ity /County Cl k) CRS 24 -30 -202 requires that the State Controller approve all state contracts. This contract is not valid until the State Controller, or such assistant as he may delegate, has signed it. The contractor is not authorized to begin performance until the contract is signed and dated below. If performance begins prior to the date below, the State of Colorado may not be obligated to pay for the goods and/or services provided. STATE CONTROLLER: ARTHUR L. BARNHART By GEORGE MCCULLAR, CDOT CONTROLLER Date �� �"'b' "!: J3 U COLORADO DEPARTMENT OF TRANSPORTATION LEAF CONTRACT ATTACHMENT A LEAF OBJECTIVE PLAN LEAF project # L -05 -03 Responsible Agency Avon police Department Contract Period 1 -1 -03 through 12 -31 -03 Project Coordinator Officer Robert Gallen LEAF Objective: L- 05 -03: To increase and improve the enforcement of the laws pertaining to alcohol and drug related traffic offenses within the by performing dedicated DUI enforcement and activities described in the Approved Application and summarized below. Activity # I activity r)perrintinn 1 Provide officers through out the term of this contract to perform dedicated DUI /DRE enforcement duties and activities within the City of Avon as stated in the Approved Application. 2 Conduct at least two sobriety checkpoints or saturation patrols during 2003. This can be in cooperation with a nearby agency, the State Patrol or solely by the Avon police Department 3 The Avon police Department will be actively involved in CDOT's DUI enforcement public awareness campaign by participating in the joint efforts. This includes, but not limited to, obtaining media interviews and media outreach, hosting media ride alongs and similar activities. The Avon police Department will report back the requested data to CDOT by the specified times. 4 I Make all reasonable efforts to increase the DUI alcohol and drug related arrests within Avon police Department from the 2002 level. ^OLORADO DEPARTMENT OF TRANSPORTATION LEAF CONTRACT ATTACHMENT B LEAF REPORTING CRITERIA LEAF Pro ect # L -05 -03 - Avon rtment KL.A.F. 1). Each quarter the Contractor shall submit a report to the Office of Transportation Safety in accordance with the LEAF Contract Management Manual. The Quarterly Reports will state all activity accomplishments as required by Contract Number L -05 -03 during the reporting period. The Avon police Department will use the provided LEAF Grant Manager software package when compiling data and submitting the required reports. All recipients are required to use the software so the Colorado Department of Transportation can better manage the statewide LEAF program. 2). No payment for cost incurred during the reporting period will be reimbursed by the Office of Transportation Safety if such Quarterly Reports are not current or are not compiled using the LEAF Grant Manager software program. 3). Upon completion of all LEAF activity the Avon police Department will submit a Final Report in accordance with the LEAF Contract Management Manual. COLORADO DEPARTMENT OF TRANSPORTATION LEAF CONTRACT ATTACHMENT C LEAF Project # L- 05 -03- Avon police REVENUES EXPENSES Category LEAF Funds Personal Services $12,000 Operating expenses $ Capital equipment $ Travel expenses $ TOTAL $12,000 a � G' - 0- -5 INTERGOVERNMENTAL AGREEMENT BETWEEN THE COUNTY OF EAGLE, STATE OF COLORADO AND THE TOWN OF AVON This Agreement made this Iq day of , 2001, by and between the Town of Avon (the "Town ") and the County of Eagle, State of Colorado (the "County "). WHEREAS, the Town and County have entered into an Intergovernmental Agreement dated September 30, 1994, pursuant to which County agreed to provide certain animal control services to Town; and WHEREAS, the Town and County both want to change the scope of services to be provided by County; and WHEREAS, the County is agreeable to rendering Animal Control Services on the terms and conditions hereinafter set forth; and WHEREAS, this Intergovernmental Agreement is authorized pursuantto C.R.S. 30- 11 -101, as amended. NOW, THEREFORE, in consideration of the mutual covenants, conditions and promises contained herein, the parties hereto agree hereby as follows.. SECTION 1. DEFINITIONS. Emergency on Call services is defined as emergency calls received by the County for which County assistance is required because of the unavailability of Town employees to respond. Shelter means The Eagle County Animal Shelter located at 1400 Fairgrounds Road, Eagle, Colorado, or any other shelter facility operated or designated the by County. 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 2. TERRITORY COVERED. 1 The territory covered by this Agreement is all of that certain property legally described as the Town of Avon. SECTION 3. SCOPE OF SERVICES. The County shall provide: A) Animal sheltering services for animals attributable to the Town, of the nature and quality customarily provided at the Eagle County Animal 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 hours per day Emergency On Call service. The County shall enforce Title 6 of the Town of Avon Municipal Code when in the Town of Avon. In the event that an Eagle County Animal Control Officer is not immediately available to respond to an incident or emergency, the Town will provide personnel to secure the scene and administer control of the situation until the Eagle County Animal Control Officer arrives to resolve the incident. SECTION 4. LEVEL OF SERVICE. The County shall provide the Town with a quarterly 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 unclaimed days, and number of citations issued. SECTION 5. SUPERSESSION OF PRIOR IGA. Any prior agreements between the Town and County regarding animal sheltering or control services are superseded by this Agreement. 2 SECTION 6. 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 7. COMPENSATION. Town will pay County for services rendered hereunder: A) Shelter Services: Town will pay the County $500.00 quarterly and reimburse the County the actual expenses the County is charged for veterinary services and euthanasia services. The Town will reimburse the County for unclaimed days as follows: Eight dollars and fifty cents per animal day past the yearly allotment of 235 animal days.The first $500.00 quarterly payment shall be pro -rated by day if the contract becomes effective after the beginning of a quarter. B) On call coverage Services: The Town will pay the County $10.00 per night and per weekend /holiday day /night shift for which County is scheduled to provide services and $50.00 per response for all hours that the County Officers are not on duty. The Town will pay the County $35.00 per call for each call -for - service for all hours that the County officers are on there regularly scheduled shifts. The County will not provide Patrol Service on any basis for the Town. All fees collected at the Eagle County Animal Shelter shall belong to and remain the property of the County, provided that Return -to -owner fees collected shall be credited against the Shelter Service expenses to be reimbursed by the Town. All court fines and costs will remain with the court of venue. The Town will pay the County the foregoing on or before the fifteenth day of the month following receipt of County's bill for services. The bill for services along with the quarterly report shall be presented quarterly. SECTION 8. PERSONNEL. The Eagle County Animal Control 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. 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 3 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 final and conclusive as between the parties hereto. All persons employed in the performance of such Animal Control 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, above, and except for employees of any veterinary hospital providing services to the County. SECTION 9. 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 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 or omissions or that of its agents officers, servants and employ- ees, 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. SECTION 10. TERM AND TERMINATION. This Agreement is deemed to be effective upon approval by the Eagle County Board of Commissioners and shall end on the 31st day of December, 2002. Either party shall have the right to terminate this agreement with or without cause at any time by giving the other party thirty days' prior written notice of termination. Upon termination, the County shall be entitled to compensation for services performed priorto such termination, and both parties shall be relieved of any and all duties and obligations under this Agreement. County's agreement with the Town of Avon is contingent upon funds being budgeted and appropriated for that purpose. Town's and County's obligations hereunder after the current fiscal year are contingent on funds being budgeted and appropriated for the purposes of performing the terms of this Agreement. SECTION 11. 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 given or served, if delivered or if mailed by certified mail, postage prepaid or hand delivered to the parties as follows: Town of Avon County of Eagle: Town of Avon P.O. Box 975 Avon, Colorado 81620 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. 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 ATTEST: BOARD OF COU TY COMMISSIONERS BY: °� 13y - I& �- - Clerk to the B rd of Tae, Chairman County Commissioners °CORN /%1ta lL aQ ATTEST: Town Clerk TOWN OF AVON G. Memo To: Honorable Mayor and Town Council Thru: Bill Efting, Town Manager From: Steve Hodges through Chief Jeff Layman Date: December 6, 2001 Re: Eagle County Animal Control contract. Summary: A contract with Eagle County Animal Control to provide Housing for animals impounded within the Town of Avon and to provide animal control services for specific circumstances. I recommend approval of the contract. Previous Council Action: this contract has not been before the Council, although it is identical to the contracts approved the previous three years. Discussion: The Avon Municipal Code provides for the enforcement of animal control laws. Inevitably, this leads to the impoundment of animals. Eagle County Animal Control's shelter facility and adoption program is available to us through this contract. Contracting these services is an economically feasible alternative to the Town of Avon operating it's own shelter. Financial Implications: The contract has a fixed charge of $3,000 plus a provision for additional charges if Eagle County Animal Control is requested to assist Avon personnel. $5,500 is budgeted in 2002 for this service. Recommendation: Approval of the Contract. Alternatives: Create a Town of Avon supervised/run animal shelter, adoption and euthanasia program. Proposed Motion: "I move to approved the proposed services Contract with Eagle County Animal Control for the 2002 calendar year. " INTERGOVERNMENTAL AGREEMENT BETWEEN THE COUNTY OF EAGLE, STATE OF +: OLORADO AND THE TOWN OF AVON This Agreement made this day of , 2001, by and between the Town of Avon (the "Town") and the County c,1= Eagle, State of Colorado (the "County"). WHEREAS, the Town and County have ente n:;Id into an Intergovernmental Agreement dated September 30, 1994, pursuant to which County agreed to provide certain animal control services to Town; and WHEREAS, the Town and County both want to ch a 1ge the scope of services to be provided by County; and WHEREAS, the County is agreeable to rendering knimal Control Services on the terms and conditions hereinafter set forth; and WHEREAS, this Intergovernmental Agreement is;it: thorized pursuantto C.R.S. 30- 11 -101, as amended_ NOW, THEREFORE, in consideration of the mul ial covenants, conditions and promises contained herein, the parties hereto agree heraby as follows: SECTION 1. DEFINITIONS. Emer enc on Call services is defined as emergE n �,y calls received by the County for which County assistance is required because of the t. ri,:availability of Town employees to respond. Shelter means The Eagle CountyAnimal Shelterlc.cated at 1400 Fairgrounds Road, Eagle, Colorado, or any other shelter facility operated c r designated the by County. Unclaimed Day is defined as a calendar day or a r:yi part thereof during which an unclaimed animal is confined in Shelter on behalf of the ­own. SECTION 2. TERRITORY COVERED. 1 SECTION 6. EQUIPMENT. The County shall furnish and supply, at its sole ;xpense, all necessary labor, supervision, equipment, motor vehicles, office space, a 7::1 operating and office supplies necessary to provide the services to be rendered hereVr. Jer. SECTION 7. COMPENSATION. Town will pay County for services rendered hereur der: A) Shelter Services: Town will pay the County $600.00 quarterly and reimburse the County the actual expenses the County is chard ed for veterinary services and euthanasia services. The Town will reimburse the Count'- for unclaimed days as follows: Eight dollars and fifty cents per animal day past the yi:;arly allotment of 235 animal days.The first $500.00 quarterly payment shall be pro- ratr;1 :l by day if the contract becomes effective after the beginning of a quarter. B) On call coverage Services: The Town will x:iy the County $10.00 per night and per weekend /holiday day /night shift forwhich County• i:;, scheduled to provide services and $50.00 per response for all hours that the County Olfi,: ers are not on duty. The Town will pay the County $35.00 per call for each call -for -ser rir;e for all hours that the County officers are on there regularly scheduled shifts. The Cou sty will not provide Patrol Service on any basis for the Town. All fees collected at the Eagle County Animal Shef-er shall belong to and remain the property of the County, provided that Return -to -owner fes collected shall be credited against the Shelter Service expenses to be reimbursed t-y the Town. All court fines and costs will remain with the court of venue. The Town will pay the County the foregoing on i:rr before the fifteenth day of the month following receipt of County's bill for ser ✓ices. Th w bill for services along with the quarterly report shall be presented quarterly. SECTION 8. PERSONNEL. The Eagle County Animal Control Officer shall ha,lel full cooperation from the Town of Avon, its public works, its police officers and /or their r spective officers, agents, and employees, so as to facilitate the performance of this Ajp-. ement. The rendition of Animal Control Services provic r!,J for herein, the standards of performance, the discipline of officers, and other mattes s incident to the performance of such services and the control of personnel so employed, -}� -i all remain in the County. In the 3 other party thirty days' prior written notice of terminatioi 1. Upon termination, the County shall be entitled to compensation for services performed prior to such termination, andboth parties shall be relieved of any and all duties and obliga,.ti;:ms under this Agreement. County's agreement with the Town of Avon is. contingent upon funds being budgeted and appropriated for that purpose. Town's anst I_;ounty's obligations hereunder after the current fiscal year are contingent on funds bein!.3 -,,udgeted and appropriated for the purposes of performing the terms of this Agreement SECTION 11. GENERAL PROVISIONS. A. Notices. All notices, requests, consents. approvals, written instructions, reports or other communication by the Tow:i of Avon. and the County, under this Agreement, shall be in writing and sh.al.l 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 P.O. Box 975 Avon, Colorado 81620 County of Eagle: Eagle County Attorney P.O. Box 850 Eagle, CO 81631 Either party may change the address to wf.ii:.h notices, requests, consents, approvals, written instructions, reports or of ier communications are to be given by a notice of change of address give =r in the manner set forth in this paragraph A. B_ This agreement does not and shall not be :- 1 ,-emed to confer upon or grant to any third party any right to claim damago,,; or to bring any lawsuit, action or other proceedings against either the Tows- or the County because of any breach hereof or because of any terms, cover :ants, agreements or conditions contained herein. C. No modification or waiver of this Agreement .)r of any covenant, condition, or provision herein contained shall be v.il d unless in writing and duly executed by the party to be charged therevtil-h. 5 INTERGOVERNMENTAL AGREEMENT BETWEEN THE COUNTY OF EAGLE, STATE OF COLORADO AND THE TOWN OF AVON This Agreement made this --° day of �J_�p -1�,- ��t,� 200fi by and between the Town of Avon (the ''Town ") and the County of Eagle, State of Colorado (the ''County ''). WHEREAS, the Town and County have entered into an Intergovernmental Agreement dated September 30, 1994, pursuant to which County agreed to provide certain animal control services to Town; and WHEREAS, the Town and County both want to change the scope of services to be provided by County; and WHEREAS, the County is agreeable to rendering 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. sue. and C. R.S. 30- 15- 101(2). NOW, THEREFORE, in consideration of the mutual covenants, conditions and promises contained herein, the parties hereto agree hereby as follows.. SECTION 1. DEFINITIONS. Emergency on Call services is defined as emergency calls received by the County for which County assistance is required because of the unavailability of Town employees to respond. Shelter means The Eagle County Animal Shelter located at 1400 Fairgrounds Road, Eagle, Colorado, or any other shelter facility operated or designated the by County. 1 `J 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 2. TERRITORY COVERED. The territory covered by this Agreement is all of that certain property legally described as the Town of Avon. SECTION 3. SCOPE OF SERVICES. The County shall provide: A) Animal sheltering services for animals attributable to the Town, of the nature and quality customarily provided at the Eagle County Animal 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 hours per day Emergency On Call service. The County shall enforce Title 6 of the Town of Avon Municipal Code when in the Town of Avon. In the event that an Eagle County Animal Control Officer is not immediately available to respond to an incident or emergency, the Town will provide personnel to secure the scene and administer control of the situation until the Eagle County Animal Control Officer arrives to resolve the incident. SECTION 4. LEVEL OF SERVICE. The County shall provide the Town with a quarterly 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 unclaimed days, and number of citations issued. SECTION 5. SUPERSESSION OF PRIOR IGA. Any prior agreements between the Town and County regarding animal sheltering or control services are superseded by this Agreement. 2 SECTION 6. 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 7. COMPENSATION. Town will pay County for services rendered hereunder: A) Shelter Services: Town will pay the County $500.00 quarterly and reimburse the County the actual expenses the County is charged for veterinary services and euthanasia services. The Town will reimburse the County for unclaimed days as follows: Eight dollars and fifty cents per animal day past the yearly allotment of 235 animal days.The first $500.00 quarterly payment shall be pro -rated by day if the contract becomes effective after the beginning of a quarter. B) On call coverage Services: The Town will pay the County $10.00 per night and perweekend /holiday day /night shiftforwhich County is scheduled to provide services and $50.00 per response for all hours that the County Officers are not on duty. The Town will pay the County $35.00 per call for each call -for - service for all hours that the County officers are on there regularly scheduled shifts. The County will not provide Patrol Service on any basis for the Town. All fees collected at the Eagle County Animal Shelter shall belong to and remain the property of the County, provided that Return -to -owner fees collected shall be credited against the Shelter Service expenses to be reimbursed by the Town. All court fines and costs will remain with the court of venue. The Town will pay the County the foregoing on or before the fifteenth day of the month following receipt of County's bill for services. The bill for services along with the quarterly report shall be presented quarterly. SECTION 8. PERSONNEL. The Eagle County Animal Control 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. 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 3 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 final and conclusive as between the parties hereto. All persons employed in the performance of such Animal Control 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, above, and except for employees of any veterinary hospital providing services to the County. SECTION 9. 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 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 or omissions or that of its agents officers, servants and employ- ees, 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. SECTION 10. TERM AND TERMINATION. M This Agreement is deemed to be effective upon approval by the Eagle County Board of Commissioners and shall end on the 31 st day of December, 2001. Either party shall have the right to terminate this agreement with or without cause at any time by giving the other party thirty days' prior written notice of termination. Upon termination, the County shall be entitled to compensation for services performed prior to such termination, and both parties shall be relieved of any and all duties and obligations under this Agreement. County's agreement with the Town of Avon is contingent upon funds being budgeted and appropriated for that purpose. Town's and County's obligations hereunder after the current fiscal year are contingent on funds being budgeted and appropriated for the purposes of performing the terms of this Agreement. SECTION 11. 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 given or served, if delivered or if mailed by certified mail, postage prepaid or hand delivered to the parties as follows: Town of Avon. County of Eagle: Town of Avon P.O. Box 975 Avon, Colorado 81620 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. 5 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 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 ATTEST: ® =j"'Ea OARD OF COUNTY COMMISSIONERS BY: y: . Clerk lo the Boa d of Y�PO Tom tone, Chairman County Commissioners ATTEST: Town Clerk TOWN OF AVON C1 r WZ 05, HEART of the VALLEY i ' C O L O R A D O i March 2, 2001 } Ms. Sara Fisher Eagle County Clerk & Recorder PO Box 850 Eagle, CO 81631 Dear Sara, Enclosed please find three copies of the animal control agreement between the Town of Avon and Eagle County. Apparently these contracts were already signed in September of 2000 but have since been misplaced. Please retain Commissioner Stone's signatures and return one original to me. Thank you and please call me with any questions at 748 -4035. S ncerely, . n t Nash Clerk 2 1 t Post Office Box 975 400 Benchmark Road Avon, Colorado 81620 970 - 748 -4000 970 - 949 -9139 Fax 970 -845 -7708 TTY INTERGOVERNMENTAL AGREEMENT BETWEEN THE COUNTY OF EAGLE, STATE OF COLORADO AND THE TOWN OF AVON This Agreement made this 2�- day of 5es�2�-evLAIx ✓ , 200, by and between the Town of Avon (the "Town ") and the County of Eagle, State of Colorado (the "County "). WHEREAS, the Town and County have entered into an Intergovernmental Agreement dated September 30, 1994, pursuant to which County agreed to provide certain animal control services to Town; and WHEREAS, the Town and County both want to change the scope of services to be provided by County; and WHEREAS, the County is agreeable to rendering 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. and C.R.S. 30- 15- 101(2). NOW, THEREFORE, in consideration of the mutual covenants, conditions and promises contained herein, the parties hereto agree hereby as follows: SECTION 1. DEFINITIONS. Emergency on Call services is defined as emergency calls received by the County for which County assistance is required because of the unavailability of Town employees to respond. Shelter means The Eagle County Animal Shelter located at 1400 Fairgrounds Road, Eagle, Colorado, or any other shelter facility operated or designated the by County. 1 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 2. TERRITORY COVERED. The territory covered by this Agreement is all of that certain property legally described as the Town of Avon. SECTION 3. SCOPE OF SERVICES. The County shall provide: A) Animal sheltering services for animals attributable to the Town, of the nature and quality customarily provided at the Eagle County Animal 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 hours per day Emergency On Call service. The County shall enforce Title 6 of the Town of Avon Municipal Code when in the Town of Avon. In the event that an Eagle County Animal Control Officer is not immediately available to respond to an incident or emergency, the Town will provide personnel to secure the scene and administer - control -of -the situation until the Eagle County Animal Control Officer arrives to resolve the incident. SECTION 4. LEVEL OF SERVICE. The County shall provide the Town with a quarterly 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 unclaimed days, and number of citations issued. SECTION 5. SUPERSESSION OF PRIOR IGA. Any prior agreements between the Town and County regarding animal sheltering or control services are superseded by this Agreement. 2 SECTION 6. EQUIPMENT. The County shall furnish and supply, at its sole expense, all necessary labor, supervision, equipment, motor - vehicles:-offtce- space, and operating and office supplies necessary to provide the services to be rendered hereunder. SECTION 7. COMPENSATION. Town will pay County for services rendered hereunder: A) Shelter Services: Town will pay the County $500.00 quarterly and reimburse the County the actual expenses the County is charged for veterinary services and euthanasia services. The Town will reimburse the County for unclaimed days as follows: Eight -dol -Lars- -and- fifty cents-per-an imal _day _past_ the_ yearly- -- allotment of 235-animal days.The first $500.00 quarterly payment shall be pro -rated by day if the contract becomes effective after the beginning of a quarter. B) On call coverage Services: The Town will pay the County $10.00 per night and per weekend /holiday day /night shift forwhich County is scheduled to provide services and $50.00 per response for all hours that the County Officers are not on duty. The Town -- — will -pa -y -the- County- $35,00 -- per -call- for - each - call-- for - service -for all- ho ufs-that the County officers are on there regularly scheduled shifts. The County will not provide Patrol Service on any basis for the Town. All fees collected at the Eagle County Animal Shelter shall belong to and remain the property of the County, provided that Return -to -owner fees collected shall be credited against the Shelter Service expenses to be reimbursed by the Town. All court fines and costs will remain with the court of venue. The Town will pay the County the foregoing on or before the fifteenth day of the month following receipt of County's bill for services. The bill for services along with the quarterly report shall be presented quarterly. SECTION 8. PERSONNEL. The Eagle County Animal Control 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. 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 3 0 o 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 final and conclusive as between the parties hereto. All persons employed in the performance of such Animal Control Services for the Town pursuant to this agreement, shall be County employees, ex_ cept for Town personnel used to "secure" the scene as described in Section 3, above, and except for employees of any veterinary hospital providing services to the County. SECTION 9. LIABILITY AND INSURANCE. A. The County, its officers and employees, shall not be deemed to assume any _ - li atzilit _y -for- ntenfional_o.r_aegli_ gent acts,_err_ors,_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 allawed_b_y_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 or omissions or that of its agents officers, servants and employ- ees, 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. SECTION 10. TERM AND TERMINATION. 4 This Agreement is deemed to be effective upon approval by the Eagle County Board of Commissioners and shall end on the 31 st day of December, 2001. Either party shall have the right to terminate this agreement with or without cause at any time by giving the other party thirty days' prior written notice of termination, - Upon _termination, the County ihal_I be entitLed- to _comp-ens- ati_on- f_or- _servi.ces .Lperfor_me.d_prior -to- such - termination, -and both parties shall be relieved of any and all duties and obligations under this Agreement. County's agreement with the Town of Avon is contingent upon funds being budgeted and appropriated for that purpose. Town's and County's obligations hereunder after the current fiscal year are contingent on funds being budgeted and appropriated for the purposes of performing the terms of this Agreement. SECTION 11. GENERAL PROVISIONS. A. - --Notices. ___ ALL oati- ces ,- requests,_consents r-0 Tappvals, 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 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_Av_on County of Eagle: P.O. Box 975 Avon, Colorado 81620 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 - proceed ings- against- eitherthe Town-or-the- County- because of any breach hereof or because of any terms, covenants, agreements or conditions contained herein. E 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-. T_his 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 _ Agreemen-t shall beinterpreted_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 BLS Agr -eemeat, this Aareem-ent shall_be_con ide- r -ed -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 ATTEST: BOARD OF COUNTY COMMISSIONERS By: Clerk to the Board of County Commissioners Tom Stone, Chairman TOWN OF AVON 1' INTERGOVERNMENTAL AGREEMENT BETWEEN THE COUNTY OF EAGLE, STATE OF COLORADO AND THE TOWN OF AVON This Agreement made this day of , 2000, by and between the Town of Avon (the "Town ") and the County of Eagle, State of Colorado (the "County "). WHEREAS, the Town and County have entered into an Intergovernmental Agreement dated September 30, 1994, pursuant to which County agreed to provide certain animal control services to Town; and WHEREAS, the Town and Coul;ity both want to change the scope of services to be provided by County; and WHEREAS, the County is agreeable to rendering 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. and C.R.S. 30 -15- 101(2). NOW, THEREFORE, in consideration of the mutual covenants, conditions and promises contained herein, the parties hereto agree hereby as follows: SECTION 1. DEFINITIONS. Emergency on Call services is defined as emergency calls received by the County for which County assistance is required because of the unavailability of Town employees to respond. Shelter means The Eagle County Animal Shelter located at 1400 Fairgrounds Road, Eagle, Colorado, or any other shelter facility operated or designated the by County. 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. 1 SECTION 6. 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 7. COMPENSATION. Town will pay County for services rendered hereunder: A) Shelter Services: Town will pay the County $500.00 quarterly and reimburse the County the actual expenses the County is charged for veterinary services and euthanasia services. The Town will reimburse the County for unclaimed days as follows: Eight dollars and fifty cents per animal day past the yearly allotment of 235 animal days.The first $500.00 quarterly payment shall be pro -rated by day if the contract becomes effective after the beginning of a quarter. B) On call coverage Services: The Town will pay the County $10.00 per night and per weekend /holiday day /night shift for which County is scheduled to provide services and $50.00 per response for all hours that the County Officers are not on duty. The Town will pay the County $35.00 per call for each call -for - service for all hours that the County officers are on there regularly scheduled shifts. The County will not provide Patrol Service on any basis for the Town. All fees collected at the Eagle County Animal Shelter shall belong to and remain the property of the County, provided that Return -to -owner fees collected shall be credited against the Shelter Service expenses to be reimbursed by the Town. All court fines and costs will remain with the court of venue. The Town will pay the County the foregoing on or before the fifteenth day of the month following receipt of County's bill for services. The bill for services along with the quarterly report shall be presented quarterly. SECTION 8. PERSONNEL. The Eagle County Animal Control 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. 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 3 of termination. Upon termination, the County shall be entitled to compensation for services performed prior to such termination, and both parties shall be relieved of any and all duties and obligations under this Agreement. County's agreement with the Town of Avon is contingent upon funds being budgeted and appropriated for that purpose. Town's and County's obligations hereunder after the current fiscal year are contingent on funds being budgeted and appropriated for the purposes of performing the terms of this Agreement. SECTION 11. 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 given or served, if delivered or if mailed by certified mail, postage prepaid or hand delivered to the parties as follows: Town of Avon County of Eagle: Town of Avon P.O. Box 975 Avon, Colorado 81620 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. E Memo To: Honorable Mayor and Town Council Thru: Bill Elting, Town Manager From: Stephen Hodges, Neighborhood Services Officer Date: September 21, 2000 Re: Proposed Intergovernmental Agreement (IGA) between the Town of Avon and Eagle County Animal Control For animal control services and animal housing. Summary: • The proposed IGA is unchanged in scope of service and fees from the IGA currently in place. While police patrol officers provide enforcement of animal nuisance violations, Eagle County Animal Control services will involve transportation of captured animals, capturing dangerous animals and bite incident investigations for the Town of Avon on days the Neighborhood Services Officer is not available. The Eagle County Animal Shelter houses unclaimed animals that are awaiting adoption. Financial Implications: • Approximately $4,000.00 for the calendar year. • Fees and charges: ■ On -call fee: $10.00 /day ■ Call for service fee: $35.00/call ■ After hours call for service fee: $50.00 /per call ■ Animal Housing Cost: $8.50 /day Recommendation: Approval of the proposed IGA. Alternatives: 1) Hire additional Personnel to create 7 day a week Coverage 2) Create and administer a Town of Avon animal adoption program. Proposed Motion: I move to approve the proposed IGA with Eagle County Animal Control for animal control services for the year 2001. Town Manager Comments: we 4 14 ,,s, j,z,�- w& J0 , 7-1 s (of c� -e.pty d -Cq-a,n CAS ���I� -�� Pins Agc VYL achmenqs: Proposed IGA between the Town of Avon and Eagle County Animal Control. • Page 2 INTERGOVERNMENTAL AGREEMENT BETWEEN THE COUNTY OF EAGLE, STATE OF COLORADO AND THE TOWN OF AVON 6- d1)0 -0-4-:2 32 -, Zvvv This Agreement made this' day of � � ,3 ;J �2�, . , 1-999 , by and between the Town of Avon (the "Town") and the County of Eagle, StAe of Colorado (the "County "). WHEREAS, the Town and County have entered into an Intergovernmental Agreement dated September 30, 1994, pursuant to which County agreed to provide certain animal control services to Town; and W[- ERFAS, the Town and County both want to change the scope of services to be provided by County; and WPIEREAS, the County is agreeable to rendering Animal Control Services on the terms and conditions hereinafter set forth; and VHEREM, this Intergovernmental Agreement is authorized pursuant to Section 18, Article =, of the Cbloradb Ctnstituticn; and C.R.S. 29 -1 -201, � and C.R.S. 30- 15- 101(2) NOW, THEREFORE, in consideration of the mutual covenants, conditions and promises contained herein, the parties hereto agree hereby as follows: SECTION 1. DEFINITIONS. icy an Call services is defined as emergency calls received by the Oamty for which Oamty assistance is required because of the unavailability of 'lawn employees to respond. Sh elter zreans The Eagle County Animal Shelter located at 1400 Fairgrounds Road, Eagle, Colorado, or any other shelter facility operated or designated the by County. 1 Unclaiired 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 2. TERRITORY COVERED. The territory oovered by this Agreement is all of that certain property legally described as the Town of Avon. SECTION 3. SCOPE OF SERVICES. The County shall provide: A) Animal sheltering services for animals attributable to the Tana, of the nature and quality custararily provided at the Eagle a mty Animal SYplter. 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 hours per day Emergency On Call service. The County shall enforce Title 6 of the TaAn of Avon Mnicipal Ooze avian in the To3,n of Avon. In the event that an Eagle O:xrmty Anibal Oa-t=l Officer is not immediately available to respond to an incident or emergency, the Town will provide personnel to secure the scene and administer ca-t=1 of the situation Lentil the Eagle O a mty Animal C%rtrol Officer arrives to resolve the incident. SECTION 4. LEVEL OF SERVICE. The County shall provide the Town with a quarterly report of Animal Control Activities generated as a result of this portent. Such rq=ts shall include, by way of example only, the number of calls for service, n.urber of animals sheltered, number of unclaimed days, and number of citations issued. SECTION S. SUPERSESSION OF PRIOR IGA. Any prior agreements between the Town and County regarding animal sheltering or control services are superseded by this Agreement. 2 SECTION 6.EOUIPMENT. The County shall furnish and supply, at its sole expense, all necessary labor, supervision, equiprent, motor vehicles, office space, and cperating and office supplies necessary to provide the services to be rendered hereunder. SECTION 7. COMPENSATION. Town will pay County for services rendered hereunder: A) Shelter Services: Tarn will pay the ODmty $500.00 quarterly and reimburse the County the actual expenses the County is charged for veterinary services and euthanasia services. The Tarn will reimburse the County for unclaimed days as follows: Eight dollars and fifty cents per animal day past the yearly allotment of 235 animal days.T -e first $500.00 quarterly payrent shall be pro-rated by day if the ccntract becores effective after the beginning of a quarter. B ) On call ccoverage Services: The Tae n will pay the County $10.00 per night and per vjeekerrl/ liday day /night shift for which County is scheduled to provide servioes and $50.00 per response for all hours that the Oamty Officers are not an duty. The Ttwn will pay the Oxmty $35.00 per call for each call-for - service for all hours that the Q-xmty officers are on there regularly scheduled shifts. The Oamty will not provide Patrol Service on any basis for the Town. All fees collected at the Eagle axKity Animal Shelter shall belong to and riamin the prcperty of the County, provided that Return-to -owner fees collected shall be credited against the Shelter Service expenses to be reimbursed by the Tarn. All court fines and costs will remain with the court of venue. The Town will pay the Oamty the foregoing on or before the fifteenth day of the mmth follaNing receipt of 0arity' s bill for services. 'Ihe bill for services along with the quarterly report shall be presented quarterly. The Eagle County Animal Control Officer shall have full cccperaticn from the Town of Avon, its pub] is vacs, its police officers and/ar tlreirive officers, arts, and employees, so as to facilitate the performance of this Agreement. The rendition of Animal Czntrol Services provided for herein, the standards of perforrrarice, the discipline of officers, and other matters incident to the perf=moof 3 such services and the control of personnel so employed, shall rarrai_n 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 minim= level or manner of performance of such services, the determination thereof made by the Clamty shall be final and conclusive as between the parties hereto. All persons employed in the performance of such Animal Control Services for the Tty,n pursuant to this agreerent, shall be Cb mty employees, for Tam personnel used to " secure" the scene as gibed in Section 3, above, and except for employees of any veterinary hospital providing services to the County. SECTION 9.LIABILITY AND INSURANCE. A. The County, its officers and employees, shall not be deemed to assure any Liability for ; nt-Fa-�l or negligent ; gent acts, errors, or pions of the TbAn or of any officer or employee thereof. Likewise, the'Ibwn, its officers and employees, shall not be deemed to assure 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 Tawn, its respective agents, officers, servants and employees of and from any and all loss, costs, damage, injury, liability, claims, liens, duds, action and cams of action Q-iatsoever, arising cut of or related to the Cbx ty s ; nter t; ial cz� rf3g iga-t acts, errs or mss; )s or that of its agents, officers, servants, and employees, whether dial or otherwise. Likewise, the Town agrees to indemnify, defend and hold harmless to the extent allowed by law, the ozxmty, its respective agents, officers, servants and employees of and from any and all loss, costs, damage, injury, liability, claims, liens, daTErds, action and causes ses of action 4-atsoever arising cut of or related to the Town's intenticnal or negligent acts errors cr c missions cr that of its agents officers, servants and erploy- ees, whether contractual or otherwise. C . The osrnty and the Tbzi shall respectively provide its aiAn public liability, property damage, and errors and omissions insurance coverage as each party may deern adequate and necessary for any potential liability arising from this Agreement. SECTION 10. TERM AND TERMINATION. 4 r` Vr This Agreement is deemed to be effective Jaunary 1, 2000 and shall end on the 31st day of Deca -, -WT. Either party shall have the right to terminate this agre ent Wo with or with ut rains `at any time by giving the otter party thirty days' prior written notice of termination. upon termination, the Gaz±y shall be entitled to =pffisation for services pelfc red p= to such term natiah, and both parties shall be relieved of any and all duties and obligations under this Agreement. County's agreement with the Town of Avon is contingent upon funds being budgeted and appropriated for that purpose. Tbvn's and County's obligations hereunder after the current fiscal year are anti ngent ccn furx3s being budgeted and apprrmr-i ated for the purposes of performing the terms of this Agreement. SECTION 11. GENERAL PROVISIONS. A. Notices. All notices, mss, carts, approvals, written instruct.-i s, reports or other eaniamicaticn by the Town of Avon. and the Oamty, under this Anent, shall be in writing and shall be deemed to have given or served, if delivered or if nailed by certified mail, postage prEpaid or hand delivered to the parties as follows: Town of Avon Town of Avon P.O. Box 975 Avon, Colorado 81620 County of Eagle: Eagle County Attorney P.O. Box 850 Eagle, CO 81631 Either party may change the address to which notices, requests, oa sents, approvals, written instructions, reports or other caTm.nications 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 Icy any right to claim damages cr- to bring any lawsuit, action or other proceedings against either the Taan or the Canty because of any breach hereof or because of any terms, covenants, agreements or ccuxiitions contained herein. 5 C . No mxlification or waiver of this Agrea=t 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 cbligations made or entered into either by the Oamty or the TaAn other than those contained herein. E . This Agreement shall be binding r g 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 then shall be held invalid by a mart of ompetent jurisdicticn, 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 rEpresaited to the T-3An, that it pis the legal ability to erter into this Agreement. In the event that a court of competent jurisdiction determines that either of the prties hereto did not pcssess the legal ability to ear irk 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 c. COLORADO, By and Through Its ATTEST: w 4� BOARD OF COUNTY COMMISSIONERS By By2'L����`i "� r Clerk to t e Board of nette Phillips, ChairmLn County Commissioners �, c \animal \avon.con TOWN OF AVON BY= a 1 Dg -. q1- -9� Q0/ % INTERGOVERNMENTAL AGREEMENT BETWEEN THE COUNTY OF EAGLE, STATE OF COLORADO AND THE TOWN OF AVON This Agreement made this 27 day of October , 1998, by and between the Town of Avon (the "Town ") and the County of Eagle, State of Colorado (the "County "). WHEREAS, the Town and County have entered into an Intergovernmental Agreement dated September 30, 1994, pursuant to which County agreed to provide certain animal control services to Town; and WHEREAS, the Town and County both want to change the scope of services to be provided by County; and WHEREAS, the County is agreeable to rendering 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. sec.. and C.R.S. 30 -15- 101(2). NOW, THEREFORE, in consideration of the mutual covenants, conditions and promises contained herein, the parties hereto agree hereby as follows: SECTION 1. DEFINITIONS. Emergency on Call services is defined as emergency calls received by the County for which County assistance is required because of the unavailability of Town employees to respond. Shelter means The Eagle County Animal Shelter located in Eagle, Colorado, or any other shelter facility operated or designated by County. 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. 1 SECTION 2. TERRITORY COVERED. The territory covered by this Agreement is all of that certain property legally described as the Town of Avon. SECTION 3. SCOPE OF SERVICES. The County shall provide: A) Animal sheltering services for animals attributable to the Town, of the nature and quality customarily provided at the Eagle County Animal 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) On call coverage service when scheduled at a minimum of two (2) weeks in advance and if possible within four (4) weeks in advance. The County shall enforce Title 6 of the Town of Avon Municipal Code when in the Town of Avon. In the event that an Eagle County Animal Control Officer is not immediately available to respond to an incident or emergency, the Town will provide personnel to secure the scene and administer control of the situation until the Eagle County Animal Control Officer arrives to resolve the incident. SECTION 4. LEVEL OF SERVICE. The County shall provide the Town with a quarterly 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 unclaimed days, and number of citations issued. SECTION 5. SUPERSESSION OF PRIOR IGA. Any prior agreements between the Town and County regarding animal sheltering or control services are superseded by this Agreement. SECTION 6. 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 7. COMPENSATION. Town will pay County for services rendered hereunder: A) Shelter Services: Town will pay the County $500.00 quarterly and reimburse the County the actual expenses the County is charged for veterinary services and euthanasia services. The Town will reimburse the County for unclaimed days as follows: Eight dollars and fifty cents per animal day past the yearly allotment of 235 animal days.The first $500.00 quarterly payment shall be pro -rated by day if the contract becomes effective after the beginning of a quarter. B) On call coverage Services: The Town will pay the County $10.00 per night and per weekend /holiday day /night shift for which County is scheduled to provide services and $50.00 per response for all hours that the County Officers are not on duty. The Town will pay the County $35.00 per call for each call -for - service for all hours that the County officers are on there regularly scheduled shifts. The County will not provide Patrol Service on any basis for the Town. All fees collected at the Eagle County Animal Shelter shall belong to and remain the property of the County, provided that "return -to- owner" fees collected shall be credited against the Shelter Service expenses to be reimbursed by the Town. All court fines and costs will remain with the court of venue. The Town will pay the County the foregoing on or before the fifteenth day of the month following receipt of County's bill for services. The bill for services along with the quarterly report shall be presented quarterly. SECTION 8. PERSONNEL. The Eagle County Animal Control 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. 3 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 final and conclusive as between the parties hereto. All persons employed in the performance of such Animal Control 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, above, and except for employees of any veterinary hospital providing services to the County. SECTION 9. 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 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 or omissions or that of its agents officers, servants and employ- ees, 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. 10 SECTION 10. TERM AND TERMINATION. This Agreement is deemed to be effective the date of this Agreement and shall end on the 31st day of December, 1999. Either party shall have the right to terminate this agreement with or without cause at any time by giving the other party thirty days' prior written notice of termination. Upon termination, the County shall be entitled to compensa- tion for services performed prior to such termination, and both parties shall be relieved of any and all duties and obligations under this Agreement. County's agreement with the Town of Avon is contingent upon funds being budgeted and appropriated for that purpose. Town's and County's obligations hereunder after the current fiscal year are contingent on funds being budgeted and appropriated for the purposes of performing the terms of this Agreement. SECTION 11. 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 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 P.O. Box 975 Avon, Colorado 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. 5 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 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 ATTEST: w ? BOARD OF COUNTY COMMISSIONERS Lre ��o By: By: Clerk to the Boa d of mes E. Johnso , r., C an County Commissioners C1 6animaRavon.con TOWN OF AVON By: Q -A Jack Fawcett, Mayor i -r -�- INTERGOVERNMENTAL AGREEMENT BETWEEN THE COUNTY OF EAGLE, STATE OF COLORADO AND THE TOWN OF AVON This Agreement made this 1 `? � day of Jrf I , 1998, by and between the Town of Avon (the "Town ") and the County of Eagle, State of Colorado (the "County "). WHEREAS, the Town and County have entered into an Intergovernmental Agreement dated September 30, 1994, pursuant to which County agreed to provide certain animal control services to Town; and WHEREAS, the Town and County both want to change the scope of services to be provided by County; and WHEREAS, the County is agreeable to rendering 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. sec.. and C.R.S. 30 -15- 101(2). NOW, THEREFORE, in consideration of the mutual covenants, conditions and promises contained herein, the parties hereto agree hereby as follows: SECTION 1. DEFINITIONS. Emergency on Call services is defined as emergency calls received by the County for which County assistance is required because of the unavailability of Town employees to respond. Shelter means The Eagle County Animal Shelter located in Eagle, Colorado, or any other shelter facility operated or designated by County. 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. 1 SECTION 2. TERRITORY COVERED. The territory covered by this Agreement is all of that certain property legally described as the Town of Avon. • . SECTION 3. SCOPE OF SERVICES. The County shall provide: A) Animal sheltering services for animals attributable to the Town, of the nature and quality customarily provided at the Eagle County Animal 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) On call coverage service when scheduled at a minimum of two (2) weeks in advance and if possible within four (4) weeks in advance. The County shall enforce Title 6 of the Town of Avon Municipal Code when in the Town of Avon. In the event that an Eagle County Animal Control Officer is not immediately available to respond to an incident or emergency, the Town will provide personnel to secure the scene and administer control of the situation until the Eagle County Animal Control Officer arrives to resolve the incident. SECTION 4. LEVEL OF SERVICE. The County shall provide the Town with a quarterly 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 unclaimed days, and number of citations issued. SECTION 5. SUPERSESSION OF PRIOR IGA. Any prior agreements between the Town and County regarding animal sheltering or control services are superseded by this Agreement. 2 SECTION 6. 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 7. COMPENSATION. Town will pay County for services rendered hereunder: A) Shelter Services: Town will pay the County $500.00 quarterly and reimburse the County the actual expenses the County is charged for veterinary services and euthanasia services. The Town will reimburse the County for unclaimed days as follows: Eight dollars and fifty cents per animal day past the yearly allotment of 235 animal days.The first $500.00 quarterly payment shall be pro -rated by day if the contract becomes effective after the beginning of a quarter. B) On call coverage Services: The Town will pay the County $10.00 per night and per weekend /holiday day /night shift for which County is scheduled to provide services and $50.00 per response for all hours that the County Officers are not on duty. The Town will pay the County $35.00 per call for each call -for - service for all hours that the County officers are on there regularly scheduled shifts. The County will not provide Patrol Service on any basis for the Town. All fees collected at the Eagle County Animal Shelter shall belong to and remain the property of the County, provided that "return -to- owner" fees collected shall be credited against the Shelter Service expenses to be reimbursed by the Town. All court fines and costs will remain with the court of venue. The Town will pay the County the foregoing on or before the fifteenth day of the month following receipt of County's bill for services. The bill for services along with the quarterly report shall be presented quarterly. SECTION 8. PERSONNEL. The Eagle County Animal Control 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. 3 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 4 such services, the determination thereof made by the County shall be final and conclusive as between the parties hereto. All persons employed in the performance of such Animal Control 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, above, and except for employees of any veterinary hospital providing services to the County. SECTION 9. 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 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 or omissions or that of its agents officers, servants and employ- ees, 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. SECTION 10. TERM AND TERMINATION. This Agreement is deemed to be effective the date of this Agreement and shall end on the 31st day of December, 1998. Either party shall have the right to terminate this agreement with or without cause at any time by giving the other party thirty days' prior 5 written notice of termination. Upon termination, the County shall be entitled to compensa- tion for services performed prior to such termination, and both parties shall be relieved of any and all duties and obligations under this Agreement. County's agreement with Animal Hospital of Vail Valley, Inc. is contingent upon funds being budgeted and appropriated for that purpose. Town's and County's obligations hereunder after the current fiscal year are contingent on funds being budgeted and appropriated for the purposes of performing the terms of this Agreement. SECTION 11. 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 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 P.O. Box 975 Avon, Colorado 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. 9 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 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. C'. COUNTY OF EAGLE, STATE OF F COLORADO, By and Through Its ATTEST: In K , BOARD OF COUNTY COMMISSIONERS repo By: By: J " Clerk to the Board of es E. Jo K 0 n, Jr., airman County Commissioners 10 TOWN OF AVON By: erk Manager c \animal \avon.con INTERGOVERNMENTAL AGREEMENT BETWEEN THE COUNTY OF EAGLE, STATE OF COLORADO AND THE TOWN OF AVON This Agreement made this 10th day of March , 1998, by and between the Town of Avon (the "Town ") and the County of Eagle, State of Colorado (the "County "). WHEREAS, the Town and County have entered into an Intergovernmental Agreement dated September 30, 1994, pursuant to which County agreed to provide certain animal control services to Town; and WHEREAS, the Town and County both want to change the scope of ser ✓ices to be provided by County; and WHEREAS, the County is agreeable to rendering 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. seg. and C.R.S. 30 -15- 101(2). NOW, THEREFORE, in consideration of the mutual covenants, conditions and promises contained herein, the parties hereto agree hereby as follows: SECTION 1. DEFINITIONS. Emergency on Call services is defined as emergency calls received by the County for which County assistance is required because of the unavailability of Town employees to respond. Shelter means The Eagle County Animal Shelter located in Eagle, Colorado, or any other shelter facility operated or designated by County. 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. 1 SECTION 2. TERRITORY COVERED. The territory covered by this Agreement is all of that certain property legally described as the Town of Avon. SECTION 3. SCOPE OF SERVICES. The County shall provide: A) Animal sheltering services for animals attributable to the Town, of the nature and quality customarily provided at the Eagle County Animal 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) On call coverage service when scheduled at a minimum of two (2) weeks in advance and if possible within four (4) weeks in advance. The County shall enforce Title 6 of the Town of Avon Municipal Code when in the Town of Avon. In the event that an Eagle County Animal Control Officer is not immediately available to respond to an incident or emergency, the Town will provide personnel to secure the scene and administer control of the situation until the Eagle County Animal Control Officer arrives to resolve the incident. SECTION 4. LEVEL OF SERVICE. The County shall provide the Town with a quarterly 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 unclaimed days, and number of citations issued. SECTION 5. SUPERSESSION OF PRIOR IGA. Any prior agreements between the Town and County regarding animal sheltering or control services are superseded by this Agreement. 2 SECTION 6. 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 7. COMPENSATION. Town will pay County for services rendered hereunder: A) Shelter Services: Town will reimburse County the actual expenses County is charged for veterinary services and euthanasia services. The Town will reimburse the County for unclaimed days as follows: Eight dollars and fifty cents ($8.50) per animal day past the yearly allotment of 235 animal days. B) On Call Coverage Services: Town will pay County $10.00 per night and per weekend /holiday day /night shift for which County is scheduled to provide services and $50.00 per response for all hours that the County officers are not on duty. The Town will pay the County $35.00 per call for each call- for - service for all hours that the County officers are on their regularly scheduled shifts. The County will not provide Patrol Service on any basis for the Town. All fees collected at the Eagle County Animal Shelter shall belong to and remain the property of the County, provided that "return -to- owner" fees collected shall be credited against the Shelter Service expenses to be reimbursed by the Town. All court fines and cosis will remain with the court of venue. The Town will pay the County the foregoing on or before the fifteenth day of the month following receipt of County's bill for services. The bill for services along with the quarterly report shall be presented quarterly. SECTION 8. PERSONNEL. The Eagle County Animal Control 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. 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 3 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 V such services, the determination thereof made by the County shall be final and conclusive as between the parties hereto. All persons employed in the performance of such Animal Control 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, above, and except for employees of any veterinary hospital providing services to the County. SECTION 9. 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 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 or omissions or that of its agents officers, servants and employ- ees, 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. SECTION 10. TERM AND TERMINATION. This Agreement is deemed to be effective the date of this Agreement and shall end on the 31st day of December, 1998. Either party shall have the right to terminate this agreement with or without cause at any time by giving the other party thirty days' prior 5 written notice of termination. Upon termination, the County shall be entitled to compensa- tion for services performed prior to such termination, and both parties shall be relieved of any and all duties and obligations under this Agreement. County's agreement with Animal Hospital of Vail Valley, Inc. is contingent upon funds being budgeted and appropriated for that purpose. Town's and County's obligations hereunder after the current fiscal year are contingent on funds being budgeted and appropriated for the purposes of performing the terms of this Agreement. SECTION 11. 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 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 P.O. Box 975 Avon, Colorado 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. 11 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 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 ATTEST: BOARD OF COUNTY COMMISSIONERS By: By: Clerk to the Board of County Commissioners James E. Johnson, Jr., Chairman ATTEST: 1 A A,-,VTown Clerk c \animahavonxon TOWN OF AVON By: Manager l y��5, INTERGOVERNMENTAL AGREEMENT BETWEEN THE COUNTY OF EAGLE, STATE OF COLORADO AND THE TOWN OF AVON This Agreement made thi %�/ day of, 199 , by and between the Town of Avon. (the "Town ") and the County �ota�ae, tate of Colorado (the "County "). WHEREAS, the Town and County have entered into an Intergovernmental Agreement dated December 20, 1993, pursuant to which County agreed to provide certain animal control services to Town; and WHEREAS, the Town and County both want to change the scope of services to be provided by County; and WHEREAS, the County is agreeable to rendering 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. seg. NOW, THEREFORE, in consideration of the mutual covenants, conditions and promises contained herein, the parties hereto agree hereby as follows: SECTION 1. DEFINITIONS. Emergency on Call services is defined as emergency calls received by the County for which County assistance is required because of the unavailability of Town employees to respond. Shelter means The Eagle County Animal Shelters located at 23798 Highway 24, in Minturn, Colorado, or any other shelter facility operated or designated by County. 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 Towr . 1 SECTION 2. TERRITORY COVERED. The territory covered by this Agreement is all of that certain property legally described as the Town of Avon. SECTION 3. SCOPE OF SERVICES. The County shall provide: A) Animal sheltering services for animals attributable to the Town, of the nature and quality customarily provided at the Eagle County Animal 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) Emergency on call service when scheduled or requested by the Town's code enforcement officer. In the event that an Eagle County Animal Control officer is not immediately available to respond to an incident or emergency, Town will provide personnel to secure the scene and administer control of the situation until the officer arrives to resolve the incident. Without charge, County also will provide Town "mutual aid" service, to be rendered by any available on -duty Eagle County Animal Control officer. SECTION 4. 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 unclaimed days, and number of citations issued. SECTION 5. SUPERSESSION OF PRIOR IGA. The agreement dated December 20, 1993 shall be deemed to have terminated as of the effective date hereof, pursuant to Section 10 thereof, provided that the parties' respective duties under Section 9 thereof relating to the services performed under that agreement survive the termination. 2 SECTION 6. 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 7. COMPENSATION. Town will pay County for services rendered hereunder: A) Shelter Services: Town will reimburse County the actual expenses County is charged for the provision of shelter services, including medical treatment and euthanasia services. B) Emergency On Call Services: Town will pay County $5.00 per night and per weekend /holiday day shift for which County is scheduled to provide services and $25.00 per response. C) Mutual Aid: No charge. All fees collected at the Eagle County Animal Shelter shall belong to and remain the property of County, provided that "return -to- owner" fees collected shall be .credited against the Shelter Service expenses to be reimbursed by Town. All court fines and costs will remain with the court of venue. Town will pay County the foregoing on or before the fifteenth day of the month following receipt of County's bill for services. SECTION 8. PERSONNEL. The Eagle County Animal Control 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. 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 3 such services, the determination thereof made by the County shall be final and conclusive as between the parties hereto. All persons employed in the performance of such Animal Control 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, above, and except for employees of Animal Hospital of Vail Valley, Inc. SECTION 9. 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 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 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. SECTION 10. TERM AND TERMINATION. This Agreement is deemed to be effective the Ist day of September, 1994, and shall end on the 31st day of December, 1994. Either party shall have the right to FA I terminate this agreement with or without cause at any time by giving the other party thirty days' prior written notice of termination. Upon termination, the County shall be entitled to compensation for services performed prior to such termination, and both parties shall be relieved of any and all duties and obligations under this Agreement. County's agreement with Animal Hospital of Vail Valley, Inc. is contingent upon funds being budgeted and appropriated for that purpose.. Town's and County's obligations hereunder after the current fiscal year are contingent on funds being budgeted and appropriated for the purposes of performing the terms of this Agreement. SECTION 11. 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 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 P.O. Box 975 Avon, Colorado 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. 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 or portions thereof shall nevertheless be and remain in full force and effect. C. 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. 5 D. 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. E. 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. F. 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. G. 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. H 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 ye,r��st _above written. �jt:4 , 0: � J M Clerk to the Board of' County Commissioners COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS s E. Job Jr. ,` JZairman ATTEST: TOWN OF AVON W By: Town Clerk Mana clavon.anm 1 `�/ INTERGOVERNMENTAL AGREEMENT BETWEEN THE COUNTY OF EAGLE, STATE OF COLORADO AND THE TOWN OF AVON This Agreement made this day of , 1994, by and between the Town of Avon. (the "Town ") and the County of Eagle, State of Colorado (the "County "). WHEREAS, the Town and County have entered into an Intergovernmental Agreement dated December 20, 1993, pursuant to which County agreed to provide certain animal control services to Town; and WHEREAS, the Town and County both want to change the scope of services to be provided by County; and WHEREAS, the County is agreeable to rendering 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. sec. NOW, THEREFORE, in consideration of the mutual covenants, conditions and promises contained herein, the parties hereto agree hereby as follows: SECTION 1. DEFINITIONS. Emergency on Call services is defined as emergency calls received by the County for which County assistance is required because of the unavailability of Town employees to respond. Shelter means The Eagle County Animal Shelters located at 23798 Highway 24, in Minturn, Colorado, or any other shelter facility operated or designated by County. 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. 1 SECTION 2. TERRITORY COVERED. The territory covered by this Agreement is all of that certain property legally described as the Town of Avon. SECTION 3. SCOPE OF SERVICES. The County shall provide: A) Animal sheltering services for animals attributable to the Town, of the nature and quality customarily provided at the Eagle County Animal 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) Emergency on call service when scheduled or requested by the Town's code enforcement officer. In the event that an Eagle County Animal Control officer is not immediately available to respond to an incident or emergency, Town will provide personnel to secure the scene and administer control of the situation until the officer arrives to resolve the incident. Without charge, County also will provide Town "mutual aid" service, to be rendered by any avaalab►.e on -duty Eagle County Animal Control officer. SECTION 4. 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 unclaimed days, and number of citations issued. SECTION 5. SUPERSESSION OF PRIOR IGA. The agreement dated December 20, 1993 shall be deemed to have terminated as of the effective date hereof, pursuant to Section 10 thereof, provided that the parties' respective duties under Section 9 thereof relating to the services performed under that agreement survive the termination. 2 SECTION 6. 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 7. COMPENSATION. Town will pay County for services rendered hereunder: A) Shelter Services: Town will reimburse County the actual expenses County is charged for the provision of shelter services, including medical treatment and euthanasia services. B) Emergency On Call Services: Town will pay County $5.00 per night and per weekend /holiday day shift for which County is scheduled to provide services and $25.00 per response. C) Mutual Aid: No charge. All fees collected at the Eagle County Animal Shelter shall belong to and remain the property of County, provided that "return -to- owner" fees collected shall be credited against the Shelter Service expenses to be reimbursed by Town. All court fines and costs will remain with the court of venue. Town will pay County the foregoing on or before the fifteenth day of the month following receipt of County's bill for services. SECTION 8. PERSONNEL. The Eagle County Animal Control 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. 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 3 such services, the determination thereof made by the County shall be final and conclusive as between the parties hereto. All persons employed in the performance of such Animal Control 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, above, and except for employees of Animal Hospital of Vail Valley, Inc. SECTION 9. 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 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 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. SECTION 10. TERM AND TERMINATION. This Agreement is deemed to be effective the Ist day of September, 1994, and shall end on the 31st day of December, 1994. Either party shall have the right to 4 terminate this agreement with or without cause at any time by giving the other party thirty days' prior written notice of termination. Upon termination, the County shall be entitled to compensation for services performed prior to such termination, and both parties shall be relieved of any and all duties and obligations under this Agreement. County's agreement with Animal Hospital of Vail Valley, Inc. is contingent upon funds being budgeted and appropriated for that purpose. Town's and County's obligations hereunder after the current fiscal year are contingent on funds being budgeted and appropriated for the purposes of performing the terms of this Agreement. SECTION 11. 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 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 P.O. Box 975 Avon, Colorado 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. 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 or portions thereof shall nevertheless be and remain in full force and effect. C. 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. 5 D. 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. E. 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. F. 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. G. 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. H 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 ATTEST: BOARD OF COUNTY COMMISSIONERS By: Clerk to the Board of County Commissioners Bv: _ Johnnette Phillips, Chairman 0 ll/_Ni ATTEST: TOWN OF AVON clavon.anm By:_ ma,n=A EAGLE COUNTY ANIMAL CONTROL (303) 328.4292 EAGLE COUNTY, COLORADO -It ____.. -.a... n nnn HtiajUi!G .Lt3l 17?G rd e�� I'-- P.O. BOX 214 AVON, COLORADO 81620 FAX: (303) 328.7207 B l l r____ as___,__. . 1 ?111 ai altlCi� J i•1a11ay Gi Town of Hv_u t.to. rs1VA 97,15 ___ a -___ re_ n� rn^ HYolZ, t.o 01V6tf rs__... •s..... James: llCal 4 °11 . a! 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Yv tf li_LU. rii� =£ciI t° ca 7"-'. _ y - slit. t o �• =-I' ilf jaC promptly ludiir:U iQ our office, i� "wou".0 ena"' e. i {;_ UQ copy t p i' Y , 1._ t._7 7 j;c 1u L-L await= i,i iQ�•a_L ai.' • .3 '._— J _ r rs_ a Gion and aYQ1ti LiUPlJcaG1V11 Vl a C11t11L.. l ilti� tV oi[tti a1v�J tir wily ajCD GC td lt_Ji ally Gym•_ a lti[a1 i_.l Jl'sit,lalii G._•r tL_� tL___ �__l.__i 7 1... _i __ Y'i11G G1ZC1 Gllc:y are titJ ajj t.aG 1C1a GGtt lJ1 i1i11: 1-t ti Wi-Lu • l ...t__7_ 111r Qi 11ves t.t,4A. _.0 t . .... -t _ .] _ 1 L. _ • 1 ... J_ _ t _ t _ t 11 y��i1 11-lave any quesGltfns, please ut1 not liesi ate Gt_, contact rite. IT Yoi1 : in nCt _ Y 3lCy !l ia_ L rl t n ? n ? t7 agi BY ORDER OF THE COURT, the following procedure shall apply in the enforcement of the Town of Avon Animal Control Regulations. The Animal Control Officer will determine the number of violations the owner has been convicted of in the year prior to the current violation. If the citation is the owner /defendant's first violation in the one year period and the violation is not Dangerous Dog at Large or Failure to Redeem, Comply or Pay Fines or Fees, the owner may be issued a penalty assessment citation and may pay within twenty (20) days the appropriate penalty assessment fine at the Violations Bureau located in the Avon Police Department. If the owner has not paid the fine within the 20 day period, the owner /defendant must appear in the Avon Municipal Court on the date designated on the summons and complaint. If the citation is the owner /defendant's second or subsequent violation in the one year period, the owner /defendant will be given a mandatory court date. Bond will be required for violations where the animal owner is not a Colorado resident. The bond and penalty assessment schedule shall be: A. Failure to Vaccinate PA BOND 1. First Offense $35.00 $50.00 2. Second Offense Mandatory Court $100.00 3. Third Offense Mandatory Court $150.00 4. Additional Offenses Mandatory Court $200.00 B. Dangerous Dog at Large Each offense Mandatory Court $500.00 C. Failure to Redeem, Comply or Pay Fines or Fees Mandatory Court $200.00 D. Potentially Dangerous Dog at Large 1. First Offense $75.00 $100.00 2. Second Offense Mandatory Court $150.00 3. Third Offense Mandatory Court $200.00 4. Additional Offenses Mandatory Court $300.00 E. Dog or Cat at Large 1. First Offense $35.00 $50.00 2. Second Offense Mandatory Court $75.00 3. Third Offense Mandatory Court $150.00 4. Additional Offenses Mandatory Court $200.00 F. Barking Dog 1. First Offense $35.00 $50.00 2. Second Offense Mandatory Court $75.00 3. Third Offense Mandatory Court $150.00 4. Additional Offenses Mandatory Court $200.00 G. Female Dog in Estrus 1. First Offense $35.00 $50.00 2. Second Offense Mandatory Court $100.00 3. Third Offense Mandatory Court $150.00 4. Additional Offenses Mandatory Court $250.00 This Order shall be effective immediately. Done in Chambers this 29th day of August, 1994. - ax-'e'k az' Municipal Judge EAGLE VALLEY HumANE SOCIETY P.O. Box 2587 • Vail, CO 81658 • (303)476 -5097 September 2, 1994 Mr. Bill James Avon Town Manager P.O. Box 975 Avon, CO 81620 Dear Bill, R SEP ` 7994 T° - ©FgV01J Thank you for the opportunity to provide some input into the recently enacted animal control ordinances for the Town of Avon. I am confident that through our discussion many issues came to light that were previously overlooked. The care and well being of animals remains a priority for all of us and community ordinaces are hopefully a reflection of a positive, humane ethic. I look forward to a continued working relationship with you and your staff and remain a resource for you to use whenever necessary. Please feel free to contact me anytime. Sincerely, Blondie Vucich Eagle Valley Humane Society Town of Avon P.O. Box 975 Avon, Colorado 81620 (303) 949 -4280 August 31, 1994 Ms. Blondie Vucich President -Humane Society 4957 Juniper Lane Vail, Colorado 81657 Dear Ms. Vucich, Thank you for meeting with us as we are setting up our approach to administering our newly adopted Animal Control Ordinance. As we discussed at our meeting on August 31, we will hold all cats and dogs for five days for redemption by their owners. Following this period, if the animal is deemed to be adoptable by the animal control officer of the Town of Avon, the cat or dog will be held for an additional five days for adoption. At the end of this five day period, there will be another evaluation for adoptability by the animal control officer and if the animal continues to be deemed adoptable it will be held for another five day period. Following this period the animal will be surrendered to Eagle County. In the case of animal surrenders to the dog pound, the animals will be held for adoption for a period of 15 days. We appreciate the good work of the Humane Society in Eagle County. Sincerely, L� Bill James Town Manager