HomeMy WebLinkAboutC07-338 Eagle Valley Humane SocietyM
AGREEMENT ON GOALS AND ROLES
OF EAGLE COUNTY AND EAGLE VALLEY HUMANE SOCIETY
Preface
Eagle County ("County") is a political subdivision of the State of Colorado. Among
County's services to its residents are those provided by the Animal Services Department
("ASD"). ASD is under the management of Animal Services Director Natalie Duck, DVM,
who reports to Community Development Director Keith Montag, who in turn reports to
County Manager Bruce Baumgartner. With eight County employees on its staff and
annual budgeted expenditures exceeding $600,000, ASD is responsible for enforcing Eagle
County Resolution No. 96-23, adopted pursuant to C. R. S. Sec. 30-15-1-1, et seq.; that
resolution governs control and licensing of dogs and impoundment and disposition of
animals. The broader mission of the Department is to protect companion animals and
County residents by such activities as patrolling for and picking up stray animals,
investigating alleged bite incidents and reports of animals in need of care, discussing
surrender options with owners of such dogs, and promoting understanding of and
compliance with humane and safe animal care and handling practices and state and local
laws pertaining to companion animals. The Department also provides shelter and care and
arranges for return, adoption or other placement for some 1100 impounded, lost or
surrendered animals annually.
The Eagle Valley Humane Society ("EVHS") is a Colorado not-for-profit I.R.C. Sec.
501(c) (3) corporation. As such, it is dependent on donations and grants to fund its
operations. The mission of EVHS and its employees and volunteers is prevention of cruelty
to animals, enforcement of animal cruelty laws, relief of suffering among animals,
promotion of humane education, facilitation of adoption of homeless animals that are
seeking "forever" homes, spreading community awareness of animal issues, and prevention
of pet overpopulation through spay and neuter programs. EVHS, like the County Animal
Shelter, is an "Animal Shelter" licensed under C.R.S. 35-80-102 and thereby authorized in
its own name to "dispose" of "pet animals" (as defined by state statute), by adoption,
return to the owner, release to a licensed rescue group, release to a rehabilitator or
euthanasia. The Executive Director of the EVHS, Char Quinn, is a Bureau of Animal
Protection Agent, commissioned by the Colorado Department of Agriculture under C.R.S.
Sec. 3542-107 and assigned to Eagle County. As an Agent of the Bureau, the Director has
toe power to issue summons and complaints to enforce C.R.S. Sec. 18-2-9 et seq. and C.R.S.
Sec. 16-2-104 et seq. As such designated peace officer, the Director investigates and
epforces the state animal cruelty and neglect laws for domestic and equine animals. During
2006, the Director conducted some 71 cruelty and neglect investigations in Eagle County.
County and EVHS recognize that they are separate and distinct legal entities
governed by largely different federal and state laws and with different fundamental
funding mechanisms but whose missions and authorized operations overlap. County and
EVHS also recognize that by working in concert and harmony, avoiding competition for
ppblic recognition and for grants and other fund sources, and striving to avoid conflict
and misunderstanding arising from the overlap in their activities and confusion in the
public mind as to their individual identities and respective roles, they can do more for
animals and residents. For those reasons, they make this agreement on arrangements and
ground rules for cooperation in achieving their mutual goals.
Ear -le County Animal Shelter
The County owns and operates an Animal Shelter on County property at 1400
Fairgrounds Road, Eagle, Colorado 81631. The Shelter houses the offices of ASD as well as
facilities for holding and caring for stray animals, animals held under Court order, animals
being evaluated for adoption, and animals available for adoption or other placement. The
Shelter also houses the facilities for medical treatment and rehabilitation of ill and injured
animals and animals that it has spayed or neutered, or animals with nursing litters.
In recognition of the historic and valuable role of EVHS in promoting companion
animal welfare in Eagle County, the County has for many years provided free office space
to EVHS inside the Shelter. Since the construction of the Shelter in 1998, the range and
activities of EVHS has expanded considerably, resulting in overlap in the operations of
ASD and EVHS, and creating increased areas of potential competition and conflict.
Nonetheless, County and EVHS believe that it is desireable for ASD to continue to provide
office space for EVHS, since the need for regular communication between the two
organizations has increased along with the range of activities of EVHS.
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In late 2007 expansion of certain ASD activities inside the Animal Shelter will
require relocation of the office space of EVHS, as shown on Exhibit A hereto. So long as
County and EVHS respect each other's separate roles and work in harmony and
cooperation in accordance with the terms of this agreement, both during the period leading
up to and following such relocation, County will continue EVHS's tenancy in the Animal
Shelter on the terms specified in the new lease attached as Exhibit B hereto.
Monthiy Status Meetings Between County and EVHS
In order to review the working relationship, address issues that may arise, and plan
for future areas of cooperation, County and EVHS will meet at least monthly to discuss any
items of mutual interest. Such meetings will include County's Animal Services Director or
her designee and Community Development Director or his designee, and EVHS's Executive
Director and one representative of the EVHS Board of Directors. By mutual agreement,
additional participants may be invited from time to time to help address particular issues
or for other appropriate reasons. If EVHS or ASD believes that a particular issue
requires the involvement of the County Manager or his designee, they will make written
request for such involvement. It is intended, however, that most issues, particularly
concerning day -today operations, will be addressed directly and worked out in good faith
and cooperatively at the Director level as outlined in this paragraph.
The regular monthly meetings are a critical means of implementing the terms of this
agreement and both County and EVHS will treat them as such. Where possible there
should be an agenda. County and EVHS will work out the details of timing and conduct of
such meetings at their first meeting.
The County Manager, at least annually, will review the status of operations under
this agreement and communicate his conclusions to ASD and EVHS. The County
Manager, with the advice and consent of the Board of County Commissioners, will be
responsible for determining whether operations under this agreement justify continuation
of EVHS's tenancy in the Shelter.
Protocol for EVHS and ASD to Provide Feedback to Each Other
ASD and EVHS both want and need timely, relevant and constructive feedback
from the public and from each other on how well each is meeting its goals and suggestions
as to how each could better meet those goals. ASD and EVHS both maintain on their
respective websites on-line mechanisms for efficient and expeditious public input on their
operations.
Use of these on-line mechanisms may not be appropriate for some types of feedback.
For example, some situations involving stray animals should be reported immediately by
telephone or in person to the ASD dispatcher or the EVHS Director or Administrative
Assistant. Similarly, cases of apparent critical animal neglect or cruelty also may require
expedited response. If the feedback concerns critical issues involving personnel directing
the operations of AND or EVHS, where by-passing the directors appears to be unavoidable,
such reports can be made, in the case of ASD, directly to the Director of Community
Development, Keith Montag, whose e-mail address is Keittsh.Montag at eaglecounty.us, and,
in the case of EVHS, directly to the President of the EVH<Y whose a -mail address is
loperw@vail.net.
ASD and EVHS recognize and agree that it is not helpful or appropriate for either
to view itself as a "watchdog" over the operations of the other. Rather, they must see
themselves as partners in addressing the needs of animals and people in Eagle County.
Both also recognize that feedback cannot be addressed properly if not made promptly to
the appropriate representative of the other organization, using established protocol,
supported, where appropriate, by eyewitness accounts rather than hearsay or speculation.
Similarly, it pointlessly undermines the ability of ASD and EVHS to fulfill their missions if
such information and reports are circulated in the community rather than communicated
through such channels to appropriate representatives of each organization. In particular,
EVHS understands that County, in addressing problems indicated in such reports, must
adhere to state and federal laws and County personnel rules, some of which require
confidentiality as to performance or other issues related to County employees. Similarly,
County recognizes that there may be confidentiality requirements of state law that restrict
ASD communication of information relating to cruelty investigations.
Adherence of ASD and EVHS employees, volunteers and other representatives to
these protocols for reporting issues to each other will be essential to avoiding future
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misunderstandings that undermine relations between County and EVHS. Both agree to
use their best efforts to assure that all of their employees, volunteers and other
representatives are informed of and adhere to this protocol. Similarly, both agree to use
their best efforts to assure that all reports they receive in accordance with this agreement
are investigated and appropriate action taken.
Hours of Operation and Closed Areas of Animal Shelter
The normal hours for the Animal Shelter are 9:00 a.m. to 5:00 p.m., Monday
through Saturday, except on Tuesday, when the Shelter is open until 6:30 p.m. The
portion of the Animal Shelter, including the EVHS office space itself, that will be open to
EVHS employees and volunteers during normal hours is shown on Exhibit A. Only the
Executive Director of the EVHS and its Administrative Assistant, not volunteers, will
access outside of normal Animal Shelter hours to the open area shown on Exhibit A. the
EVHS office will be keyed separately, and such keys will be available only to the EVHS
Executive Director and Administrative Assistant. A sign -in and sign -out sheet will be
maintained at the reception desk for after hours visits by EVHS employees.
Animal Shelter Written Rules for County Employees, EVHS representatives and public
Activities of County employees, EVHS employees and volunteers and the public
inside and in the vicinity of the Animal Shelter are regulated by written and posted rules
established by County from time to time to assure efficient, orderly and safe operation of
the Shelter for the benefit of animals and persons working in or visiting the Shelter.
County and EVHS concerns about the substance, observance or enforcement of such rules
will be addressed in accordance with the protocol specified above for reports of incidents or
information, and/or during regular monthly meetings, as appropriate.
Utilization of Pen Pal Program Participants
It is understood and agreed that the primary purpose of the Pen Pal Program is to
allow selected County Jail inmates to work with and train dogs housed at the Shelter,
helping make the dogs more adoptable and helping inmates experience responsibility for
the training of an animal and the bonding that goes along with care of an animal. County
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recognizes that the program was initiated by EVHS, working through the Eagle County
Sheriff, and that EVHS receives grant monies tied to its role in this program. Thus the
program benefits the inmates, the EVHS and the ASD. Nonetheless, EVHS recognizes that
ASD employees are legally responsible for picking up and returning inmates to the jail for
each visit, and for the safety and conduct of such inmates while they are at the Shelter. The
dog trainer, Mark Ruark, and EVHS's Executive Director, both of whom help train
inmates to train dogs, also have key roles to play.
Eagle County Sheriff Joe Hoy has advised that he expects the emphasis in
scheduling activity while at the Shelter to be on each inmate having responsibility for the
training of an assigned dog, and that he favors allowing such inmates to have as much
responsibility for the care of their assigned dog, including cleaning, grooming and feeding,
as is consistent with Shelter operations. The Sheriff also supports utilization of such
inmates for general AS maintenance to the extent that they are not engaged in training and
care of their assigned animals. Accordingly, Shelter staff may assign work to inmates
when and as they otherwise would have no useful work while at the AS.
Animal Control
ASD is legally responsible for enforcement of County animal control laws and
regulations, and EVHS's Executive Director is responsible for investigation and
enforcement of violations of Colorado anti -cruelty laws in Eagle County. ASD and EVHS
representatives will meet promptly after execution of this Agreement to work out protocols
for coordinating animal control and animal cruelty laws enforcement.
Animal Surrenders and Adoptions
ASD and EVHS, as state licensed "animal shelters," both have a role in animal
rescue, surrender, housing and placement. ASD and EVHS representatives will meet
promptly after execution of this agreement to work out protocols for each to fulfill its
respective obligations and cooperate in efficiently meeting the needs of animals and people
in the County while avoiding conflict in their operations.
Visitor Groups and Volunteers Arranged or Managed by EVHS
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Representatives of ASD and EVHS will meet promptly after execution of this
agreement to work out protocols for (a) management of EVHS volunteers who work at the
Shelter, particularly in regard to managing volunteers such as minors or disabled people
who may need special arrangement, and (b) in conducting visits of outside groups to the
Shelter. In particular, it is understood that ASD must have the right to deny Shelter
access to volunteers or members of the general public who are unable to safely work in or
visit in the Shelter, and that advance coordination with ASD management, and presence
and participation of an EVHS representative for all tours, is necessary to safe and efficient
operation of the Shelter.
Community Education and Consciousness Raising on Spay/Neuter, Animal Control Laws
and Regulations, and Other Issues Necessarily Calling for Public Education
EVHS will continue its long and effective involvement in raising community
of animal welfare issues such as spay/neuter, training of dogs, education of
children and their parents on animal safety concerns and methods, and other similar
issues. County will continue to cooperate with EVHS in facilitating community outreach in
these areas.
EVHS Volunteer Education and Training
County and EVHS recognize and agree that orientation and training of EVHS
volunteers who participate in the activities of the Shelter, including exercising and
socializing and training animals, is critical. Promptly after execution of this agreement,
ASD and EVHS representatives will meet to develop standard protocols for training new
volunteers and in addressing particular cases where volunteers have shown difficulty in
understanding or living by this agreement, or Shelter rules, or accepted animal handling
procedures.
Broad Areas for Study During the First Year of Operation Under this Agreement
County and EVHS recognize that there are broad areas or concerns not specifically
addressed by this Statement that merit further joint study and discussion. Such areas
include: (a) confusion in the minds of much of the public about whether and to what extent
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County Animal Services/Shelter are the same entity as EVHS and whether and how such
confusion complicates cooperation between County and EVHS; (2) areas of unproductive
overlap/duplication of efforts or services in the activities of Animal Services and EVHS;
and (c) the legal and publicly perceived responsibilities of County and EVHS for adoption
out or other placement of animals that later are involved in injuries, repeated violations of
animal control laws. Other subjects may arise from time to time that County or EVHS
believes need to be addressed comprehensively.
To constructively address such further areas for study, County and EVHS may
decide to enlist the services of outside animal welfare organizations, such as the Humane
Society of the United States or the American Humane Association, experienced in matters
of interactions and cooperation between governmental animal services entities and private,
non-profit animal welfare organizations.
Spirit of Cooperation and Mutual Good Will
This agreement will succeed only if all parties involved keep open minds and
remember that animal welfare, and safe and successful interactions between humans and
other animals, is their shared and overriding goal. If ASD and EVHS see themselves as
competing rather than complementary organizations, or if personal sensitivities or
priorities are allowed to interfere with open communication and cooperation, then this
agreement will fail, and the animals of Eagle County will be the losers. With that in mind,
County and EVHS commit themselves to successful implementation of the agreement and
the development of a stable basis for a long and successful collaboration.
Dated: October—9 2007
COUNTY OF EAGLE, STATE OF COLORADO
By and Through its Board of County Commissioners
By:
. Menconi, Chairman
04��E��
ATTEST: �
By:
Teak J. Simonto on
gn
Clerk to the Board of County Commissioners
8
STATE OF COLORADO)
ss.
COUNTY OF EAGLE)
EAGLE VALLEY HUMANE SOCIETY
By:
Name:
Title:
C
The f regoing instrument was acknowledged before me this day of
C,�n Q. ` �_, 2007, by l 0) i h 4 m LGA L
Witness my hand and official seal.
Notary Public
My commission expires:
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