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Home My WebLink AboutC78-01 IGA with TOW re: control of dogsINTER -GOVERNMENTAL CONTRACT Concerning Control of Dogs THIS CONTRACT entered into by and between the County of Eagle, State of Colorado, a body corporate and politic, hereinafter referred to as "County", and the Town of Eagle, State of Colorado, a municipal corporation, hereinafter re- ferred to as "Town". WHEREAS, the County and the Town have the legal au- thority pursuant to the provisions of Part 2, of Article I, of Title 29, CRS 1973, as amended, and Section 30-15-101 (2), CRS 1973, as amended, to enter into an Inter -Governmental Contract to provide for the control, licensing, impoundment or dispo- sition of dogs or to provide for the accomplishment of any other aspect of the County or Town dog control or licensing resolution and ordinance respectively; and WHEREAS, the County and the Town have determined that the matter of dog control and licensing and related problems thereto are matters of common interest and concern to both par- ties hereto; and WHEREAS, the Town is desirous of contracting with the County for the rendition of such services; and WHEREAS, the parties hereto desire to enter into a contract providing said services, specifying the nature and ex- tent thereof and establishing compensation to be paid therefor; NOW, THEREFORE, for and in consideration of the mu- tual covenants, conditions and promises contained herein, the parties hereto agree hereby as follows: I. Dog Control, Licensing, Impounding and Disposi- tion of Dogs. A. Within the corporate limits of the Town of Eagle, the County of Eagle shall provide for the control, licensing, impounding or disposition of dogs pursuant to the Eagle County Dog Control Resolution of 1977, as amended, through the Eagle County Animal Control Department, hereinafter re- ferred to as "Department", as may be required by the Town and as within the capability of the Department to provide. Services to be performed under this Paragraph I include providing reg- ular patrols within the Town of Eagle, responses to citizen calls/or calls from the Town law enforcement or other Town officials, licensing of dogs residing within the Town of Eagle impoundment and disposition of impounded animals and such other services related to dog control licensing, impoundment and dis- position. B. The rendition of such services, the standards of performance, personnel policies and other matters incident to the performances of such services shall remain at the dis- cretion of the Board of County Commissioners of the County of Eagle, State of Colorado, hereinafter referred to as "Board", or its duly appointed agent or representative, including such matters which may be from time to time delegated to the Eagle County Animal Control Officer. t Inter -Governmental Contract Page 2 C. In the event of a disagreement as to the per- formance of the services to be provided pursuant to this Para- graph I, the Board or its designate shall meet with the rep- resentatives) of the Town to review the manner of performance of such services. II. Compensation. A. The Town hereby transfers and assigns all right and interest to any sums of money which would have or could have been collected by the Town through licensing, im- poundment and other administrative fees and fines for ordinance violations had the Town not entered into this Contract; pro- vided, however, this provision shall not limit the specific amounts of said sums for licensing, impoundment and other ad- ministrative fees and criminal penalties which the County may from time to time collect pursuant to its Dog Control Resolu- tion and State statute. III. Adoption of County Dog Control Resolution. A. Upon execution of this Contract, the Town shall, pursuant to its charter, State statute or its ordinance, as may be applicable, and as soon as legally possible, adopt (said adoption may be by reference) the Eagle County Dog Con- trol Resolution of 1977, as amended. Upon adoption of said County Resolution, said Resolution shall have the same force and effect at law within the boundaries of the Town of Eagle as any ordinance relating to the same subject matter which the Town could legally adopt within its jurisdiction. IV. Insurance and Liability A. Each party to this Contract shall provide its own insurance coverage as it may deem necessary for any potential liability arising from this Contract. Further, Town expressly agrees hereby to hold County harmless from any and all liability arising from the performance of County pursuant to this Contract. County agrees to hold Town harmless from any liability arising from the neg- ligent or intentional acts of any County employees or officials. V. Personnel. A. The Town shall not be called upon to assume any liability for the direct payment of any salaries, wages or other compensation to any County personnel performing services hereunder for Town. Except as herein otherwise specified, Town shall not be liable for compensation or indemnity to any County employee for injury or sickness arising out of his employment. All persons employed in the performance of the services and functions referred to in this Contract for the Town shall be County employees and no Town employee as such shall be taken over by County, and no person employed hereunder shall have any Town pension, civil service or other status or right. For the purpose of performing the services and functions referred to in this Contract and for the purpose of giving official status to the performance thereof, each County officer and employee engaged in performing such services or Inter -Governmental Contract Page 3 functions shall be deemed to be an Town while performing a service or the scope of and pursuant to this officer or employee of the function for the Town within Contract. VI. Terms of Contract. A. This Contract shall be effective on 1978, and may be terminated for any reason by either party upon the giving of sixty (60) day's prior written notice of such termination to the other party. Notice shall be deemed to have been given upon the mailing of said notice by United States certified, first-class mail, postage prepaid, and ad- dressed to the parties at their respective addresses as shall appear herein or upon a change of address pursuant to this notice provision. In the absence of such notice of termination, this Contract shall be effective from year to year. VII. Revocation of Prior Contract. A. All prior contracts and/or agreements between the parties hereto providing for the furnishing of dog control and related matters thereto by the County, if any, shall cease p, to be effective upon the execution of this Contract by the par- ties hereto. IN WITNESS WHEREOF the parties have hereunto set their hands and affixed their seals, in counterpart, on the dates indicated to be effective the day and year first above written, pursuant to a resolution or ordinance as appropriate, of their respective governing bodies duly entered on the Min- utes thereof. ATTEST: (SEAL) p By erk of the` .bard County Commissioners ATTEST: M Town clerk (SEAL) COUNTY OF EAGLE STATE OF COLORADO By and through its BOARD OF COUNTY COMMISSIONERS By Chairman TOWN OF EAGLE By Mayor