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HomeMy WebLinkAboutR1978-14 Concerning Control of Dogs"_ ��_v INTER - GOVERNMENTAL CONTRACT J� CONCERNING CONTROL OF DOGS It 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 Gypsum, 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, 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 provide for the control, licensing, impoundment or disposition of dogs or to provide for the accomplishment r of any other aspect of the County of 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, specifying 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 as follows: 1. Dog Control, Licensing Impounding, and disposition of dogs. A. Within the corporate limits of the Town of Gypsum, the County of Eagle shall provide for the control, impounding and disposition of dogs pursuant to Sections 12, 13, 14, and 15, Eagle County Dog Control Resolution of 1977, as amended, through the Eagle County Animal Contorl Department, hereinafter referred to as �v "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 1, include providing regular patrols within the Town of Gypsum, responses to citizen: calls and /or calls from the Town law enforcement or other Town officials, impoundment and disposition of impounded animals and such other services related to dog control, impoundment and disposition. B. The rendition of such services, the standards of performance, personnel policies and other matters incident to the performance 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 its duly appointed agent or representative, including such matters which may be from time to time delegated to the Eagle County Animal Control Officer. C. In the event of a disagreement as to the per- formance of the services to be provided purusant to this Paragraph 1, the Board, or its designated agent or representative, shall meet with the agent or representative of the Town to revies the S manner of performance of such service'. 2. 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 throught licensing, impoundment and other administrative fees and fines for Ordinance violations had the Town not entered into this Contract; provided, however, that this provision shall not limit the specific amounts of said sums for licensing, impoundment and other administrative fees and criminal penalties which the County or the Town may from time to time resolve pursuant to its respective Dog Control Resolutions and Ordinances, and the statutes of the State of Colorado. 3. Adoption of County Dog Control Resolution. Upon execution of this Contract, the Town shall, pursuant to its Dog Ordinance of 1978, Section 7, adopt a Resolution delegating authority to the County Animal Control Officer to act within the Town of Gypsum as set forth in said Section 7, Dog Ordinance of 1978, Town of Gypsum, to wit: "The County Animal Control Officer and his deputies shall have the authority to apprehend any stray dog, dog found running at large, dog alleged to have biten any individual, or dog otherwise in violation of this Ordinance, within the limits of the Town of Gypsum, and that the "Eagle County Dog Control Ordinance of 1977" shall be the regulations prescribed once a dog is taken into the custody of such .County Animal Control Office, or his deputies. "Once such dog is in custody as defined above, 1 then the County Dog Control Ordinance shall be 14 ' implemented, more specifically, Sections 12, 13, X14, 15, of such County Dog Control Ordinance, and any amendments thereto. -- - Upon adoption of-the foregoing Resolution by the Town, there shall be a thirty day grace period during which the residents of the Town may license their dogs, or otherwise comply with the licensing provisions of the Dog Ordinance of 1978. 4. 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, 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. Provided, however, that the Town, its officers, and employees shall not be deemed to assume any liability for the negligence of the County, or of any officer or employee thereof. 5. 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 to the Town. 1 Except as herein other specified, the 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 the 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 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. 6. Term of Contract. A. This Contract shall be effective on M4W l 19ga , 1978, and may be terminated for any reason by dither' party upon the giving of sixty days 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 addressed to the parties at their respective addresses. In the absence of such notice of termination, this Contract shall be effective from year to year with- out notice of renewal. 7, Revocation of Prior Contracts. All prior contracts and /or agreements between the parties hereto providing for the furnishing of dog contral and related matters thereto, if any, shall cease to be effective upon the execution of this Contract by the parties hereto. IN WITNESS WHEREOF, the Parties hereto have hereunto U et this hands and affixed their seals, this a5 day of u _, 1978, pursuant to Resolution or Ordinance, as appropriate, of their respective governing bodies duly entered in the Minutes thereof. ATTEST: By .- Cler f the Board of Co ty Commissioners ATTEST: By: Arlene Hamilton, Clerk COUNTY OF EAGLE, STATE OF COLORADO By and thr ugh its BOARD OF 0 NTY COMMISSIONERS By: A ice, A Dan Wta-- Yiams, Chairman Box 850 Eagle, Colorado 81631 BOARD OF TRUSTEES, TOWN OF GYPSUM Jdse�h E. Mayne, May or To Hall Gypsum, Colorado 81637