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Home My WebLink AboutC80-10 Town of Avon - control of dogsINTEP,-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, by and through it's Board of County Commissioners, hereinafter referred to as "County", and the Town of Avon, State of Colorado, a municipal corporation, hereinafter referred to as"Town". WHEREAS, the County and the Town have the legal authority pursuant to the provisions of Part 2, of Article 1, of Title 29, C.R.S. 1973, as amended, and Section 30-15-101 (2), C.R.S. 1973, as amended, to enter into an Inter -Governmental Contract to pro- vide for the control, licensing, impoundment or disposition 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 parties 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, specifing the nature and extent thereof and establishing compensation to be paid therefore; NOW, THEREFORE, for and in consideration of the mutual covenants, conditions and promises contained herein, the parties hereto agree hereby as follows: I. Dog Control, Licensing, Impounding and Disposition of Dogs. A. Within the corporate limits of the Town of Avon, the County.of Eagle shall provide for the control, licensing, impounding or disposition of dogs pursuant to the Eagle County Dog Control Resoultion of 1979, as amended, through the Eagle County Animal Control Department, hereinafter referred 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 para- graph I include providing regular patrols within the Town of Avon, responses to citizen calls/or calls from the Town land enforcement or other Town officials, licensing of dogs residin.o within the Town of Avon, impoundment and disposition of impounded animals and such other services related to dog control licensing, impound- ment and disposition, 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 discretion of the Board of County Commissioners of the County of Eagle, State of Colorado, hereinafter referred to as "Board", or it's duly appointed agent or representative, including such matters which may be from time to time delegated to the Eagle Countv Animal Control Officer. C. In the event of a disagreement as to the performance of the services to be provided pursuant to this paragraph I, the Board or it's designate shall meet with the representative (s) 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, impoundment or other administrative fees and fines for ordinance violations had the Town not entered into this contract; provided, however, this provision shall not limit the specific amounts of said sums for licensing, impoundment and other administrative fees and criminal penalties which the County may from time to time collect pursuant to it's Dog Control Resolution and State statute. III. Adoption of County Dog Control Resolution. A. Upon execution of this contract, the Town shall, pursuant to it's Charter, State statute or it's Ordinance, as may be applicable, and as soon as legally possible, adopt'(said adoption may be by reference) the Eagle County Dog Control Resolution of 1979, 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 Avon as any ordinance relating to the same subject matter which the Town could legally adopt within it's ,jurisdiction. IV. Insurance and Liability. A. Each party,to this contract shall provide it's own insurance coverage as it may deem necessary for any potential liability arising from this contract: Further, the Town expressly agrees hereby to,hold the County harmless from any and all liability arising from the performance of the County pursuant to this contract. County agrees to hold the Town harmless from any liability arising from the negligent 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, wades or other compensation to any County personnel performing services hereunder for the Town. Except as herein otherwise specified, the Town shall not be liable for compensation or indemnity to any County employee for injury or sickness arising out of his/her employment. All persons employed in the performance of the services and functions referred to in this contract for the Tom 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 richt. For the purpose of performing the services and functions referred to in this contract and for the purpose of gtVtng official status to the performance thereof, each County official and employee engaged in performing such services or functions shall be deemed to be an officer or employee of the Town while performing a service or function for the Town within the scope of and pursuant to this contract. VI. Terms of Contract. A. This contract shall be effective on�� 1980, and may be terminated for any reason by either party upon the giving of sixty (60) days prior written notice of such term- ination 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 addressed to the parties at the respective addresses as shall appear herein or upon a change of address pursuant to this notice provision. In the ab- sence of such notice of termination, this contract shall be effect- ive 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 to be effective upon the execution of this contract by the parties 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 minutes thereof. W COUNTY OF EAGLE, STATE OF COLORADO 2 By and Through it's BOARD OF COUNTY COMMISSIONERS ",............;ate ATTEST: ?Clerkf the B of Commissioners ATTEST: P,4.n�., Town Clerk By: Adz Dale F. ;ran , Chai man Address: P. 0. Box 850 Eagle Colorado 81631 Telephone: 328-8311 TOWN OF AVON By AMay )J� Address: 'V, 0. 600 P,0,23 n, Qj-�,L Telephone: qy