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Home My WebLink AboutC03-257 David Guinnee.. X03-~5'~-~~ • f a CONTRACT AGREEMENT BETWEEN THE COUNTY OF EAGLE, STATE OF COLORADO AND David Guinnee, DVM, This Agreement made this G day of ~',~ ~-~~ , 2003 by and between David Guinnee, DV1Vh and the County of Ea le, State of Colorado (the "County") . WHEREAS, the County desires to contract with David Guinnee, DVM for the performance of the hereinafter described Veterinary Animal Services on the terms and conditions hereinafter set forth; and WHEREAS, -David Guinnee, DVM is agreeable to rendering such Veterinary Animal Services on the terms and conditions hereinafter set forth; and NOW, THEREFORE, in consideration of the mutual covenants, conditions and promises contained herein, the parties hereto agree hereby as follows: WITNESSETH: SECTION 1. ANIMALS COVERED The animals covered by this agreement shall be all of the pet animals that fall under the care, custody or control of the Eagle County Department of Animal Control and are housed within the shelter or are in transport by the members of the staff of the Eagle County Animal Control Department.. SECTION 2. SCOPE OF SERVICE A. The Contractor agrees to provide general medical practice in regard to the health of all pet animals as required by the Director of Animal Control or his/her designate on a timely basis. This practice may include, but not be limited to, the administration of various vaccinations, testing for disease, spay/neuter, diagnosis of sickness, basic surgery and euthanasia. B. The Contractor agrees to provide consultation to the Director or his/her staff as needed and to make him/herself available for emergencies involving the spread of disease within the shelter. C. The Contractor agrees to set aside up to two (2) hours, one day, each week, with a minimum of 48 visits annually, upon appointment, for routine medical treatment of pet animals contained within the Eagle County Animal Shelter. Overage shall ~ ed monthly from month to month and the overage shall be billed at be averag $_50.00_ per hour. technician needed, all medicine(s) and all D. The Contractor agrees to provihde~hani elf While in ,the Eagle County Animal medical instruments used by Shelter the County will provide the work area and at least one staff person to assist the Veterinanan. E. The Contractor and any assistant shall agree to follow all Eagle C ~ old or De artrnent of Animal Control safety procedures when dealing P aggressive animals. SECTION 3. COMPENSATION er visit. A, Eagle County agrees to pay the Contractor, the sum of $ 200:00_ p the Contractor, monthly, for vaccines, wormers, B, Eagle County agrees to pay medications and disposable items that are designed for single use at contrac o dule of costs at the beginning of the term cost to be supplied at billing or by a sche of the contract. a the Contractor, monthly, for spay/neutering of dogs C• Eagle County agrees to p y at the average rates and cats (not to recludeo `clinicsd" sponsored by the Coun o£......: (Not to exceed 3 /o of bt ) Neutered Dogs: $ 45.00 Spayed Dogs: $_60.00 Neutered Cats: $ 25.00 Spayed Cats: $ 45.00 SECTION 4. LIABILITY AND INSURANCE its officers and employees, shall not be deemed to assume any A, The County, liability for intentional or negligent acts, ~e assi tant slhall not be deemed to or or assistant. Likewise, the Contractor or assume any liability for intentional or negligent acts, errors or omissions of the County or by any officer or employee thereof. " e Count agrees to indemnify, defend and hold h larmissservants and t lowed B, Th y his/her respective agents, off , by haw, the Contractor, liabilit ,claims, employees of and from any and all loss, costs, damage, injury, y ' s demands, action and causes of action whatsoev~ls n ns o~ that fits agents, lien , the County's intentional or negligent acts, errors or o ers servants, and employees, whether contractual ess to the extent 1 owed e offic defend and hold harml ':'.Contractor agrees to indemnify, ~ ~ proceedings against either the County of Eagle or the Contractor 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 Contractor 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 Contractor has represented to the County and, likewise ,the County has Represented to the Contractor, 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. H. Notwithstanding anything to the contrary contained in this contract, the County shall have no obligations under this agreement, nor shall any payment to the Contractor in respect of any period after any December 31 of each calendar year during the term of this agreement, without any appropriation therefor by the County in accordance with a budget adopted by the Board of County Commissioners in compliance with the provisions of Article 25 of Title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. 29-1-101 et seq.) And the TABOR Amendment (Colorado Constitution, Article X, Sec. 20) .. J ~ ` 4. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. ST: ~, ~; _~~ _ ~".a/ ,~°~ ter.}- p~ CZ ~ B . ~~ y Clerk to the Board of County Commissioners COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS By: By: Mike Gallagher ,Chairman ~./ ~~v~ Contractor ~(~7/~v3 ~~ ~ ~g,X~I sl io~a~