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HomeMy WebLinkAboutC22-176 Town of Vail_K-9K-9 PURCHASE AGREEMENT BETWEEN THE EAGLE COUNTY SHERIFF’S OFFICE, EAGLE COUNTY, COLORADO AND THE TOWN OF VAIL, COLORADO This K-9 Purchase Agreement (the “Agreement”) is made effective this 7th day of April, 2022, by and between the Eagle County Sheriff’s Office, Eagle County, Colorado, and the Town Vail, a municipal corporation (“Town”). RECITALS WHEREAS, the Eagle County Sheriff’s Office (“ECSO”) owns a German Shepard dog known as K-9 Echo (“Echo”); and WHEREAS, Rebecca Anderson was a Deputy with the ECSO (“Anderson”) and was assigned as Echo’s handler, and was given the care, custody and control of Echo (“Anderson”). Echo has been specially trained to assist officers in law enforcement tasks and to respond to commands issued specifically by Anderson. WHEREAS, Anderson’s employment with the ECSO ended on April 6, 2022, and Anderson is employed as a police office by the Town of Vail (“Town”), effective April 11, 2022. WHEREAS, the ECSO desires to sell, and the Town desires to purchase Echo from the ECSO so that Echo can accompany Anderson in her service as a police officer for the Town. AGREEMENT NOW THEREFORE, in consideration of the foregoing and the mutual rights and obligations as set forth below, the parties agree as follows: 1. The ECSO hereby sells Echo to the Town for the sum of $2,000.00, payable at the time this Agreement is executed. ECSO warrants that it is the lawful owner of Echo and that Echo is free and clear from all liens and encumbrances as of the date hereof. 2. The Town shall be the owner of Echo as of the effective date hereof and payment to ECSO of the sum of $2,000.00. 3. The ECSO makes no promises concerning the physical or mental health of Echo and the Town’s purchase of Echo is strictly “as is”. The ECSO will provide the Town will copies of documentation evidencing Echo’s certifications and training, upon request from the Town. 4. The Town is fully aware of the nature of the training Echo received and the nature of the work that Echo performed during the period of ownership by the ECSO, and understands the need to provide Echo with suitable shelter and reasonable surroundings in keeping with its DocuSign Envelope ID: 0F29BC76-864C-428A-A4F5-3E37B2F4E6B9 training and work experience. The Town hereby agrees to assuming ownership and full responsibility for the care, maintenance, food, housing, training, certifications, medical and any and all other expenses that result from or arise out of Town’s ownership of Echo. The ECSO will have no further responsibility or liability for Echo or Echo’s care following execution of this Agreement. 5. The Town accepts full responsibility for and agrees to defend, and hold harmless the ECSO and Eagle County and their officers, employees, representatives, and agents with respect to any loss, damage, claim, injury, or liability that arises out of, is caused by or is in any way related to, Echo or Deputy’s actions with Echo after the transfer of ownership, which is effective as of the date listed above, and the Town shall reimburse the ECSO and/or Eagle County for reasonable attorney fees and costs, legal and other expenses incurred by the ECSO and/or Eagle County in connection with investigating or defending any such loss, damage, claim, injury or liability. 6. The Town further agrees to release and forever discharge the ECSO and Eagle County, their officers, employees, representatives and agents from any and all claims for injury, disability, loss, or property destruction that may occur to anyone, as a result of contact with or actions by Echo. 7. Nothing in this Agreement shall be construed to waive, limit, or otherwise modify any governmental immunity that may be available by law to either party, its officials, employees, contractors’ or agents, or any other person acting on behalf of either party and, in particular, governmental immunity afforded or available pursuant to the Colorado Governmental Immunity Act, Title 24, Article 10, Part 1 of the Colorado Revised Statutes. This paragraph shall survive termination of this Agreement. 8. 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. 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 ECSO or the Town other than those contained herein. 10. 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 ECSO or Eagle County because of any breach hereof or because of any terms, covenants, agreements or conditions contained herein. DocuSign Envelope ID: 0F29BC76-864C-428A-A4F5-3E37B2F4E6B9 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. THE EAGLE COUNTY SHERIFF’S OFFICE, COUNTY OF EAGLE, STATE OF COLORADO By: ______________________________ James Van Beek, Eagle County Sheriff TOWN OF VAIL By:__________________________________ Stan Zemler Interim Town Manager Attest: By: _____________________________ Town Clerk DocuSign Envelope ID: 0F29BC76-864C-428A-A4F5-3E37B2F4E6B9