HomeMy WebLinkAboutR1978-25 Inter-Governmental Contract Dog ControlI
INTER - 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, herein-
after referred to as "County," and the Town of
State of Colorado, a municipal corporation, hereinafter �_sferred
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 provide 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
. WIiEREAS, 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
hereby as follows:
I. Dog Control, Licensing, Impounding and Di_s_position of
Dogs. 1
A. Within the corporate limits of the Town of
the County of Eagle shall provide for the control, licensing,
impounding or disposition of dogs pursuant to the Eagle
County Dog Control Resolution of 1977, 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 capibility of the Department to
provide. Services to be performed under this Paragraph I:
include providing regular. Patrols within the Town
of �.,� ? responses to citizen calls and /or
calls from TownV law enforcement or other 'Town offi ci.als,
/
li.ccu ing oC dog`, resi ding within the Town o.f'_�_( �� `'
h4- �
impoundmenL rind dis;posiLion of impounded animals and such
other serviices re.laCcd to doq contl'o], licensing,
i.mpouncimont. and disj,oni.ti.on.
B. The rendition of such services, the s0ndards 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 representa-
tive, 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 performance
of the services to be provided pursuant to this Paragraph
I the Board or its designate shall meet with the representa-
tive(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, im-
poundment and 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 its
Dog Control Resolution and State statute.
M. Adoption of County Dog Control Resolution.
A. Upon execution of this contract, the Town shall,
pursuant to its charter, State statute or its 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 1977, 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/ �'�tle,l as any ordinance relating to the
same subject mattes- `Which the Town could legally adopt
within its jurisdiction.
IV. 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, Town expressly agrees hereby to hold County
harmless from any and all liability arising from the
performance of County pursuant to this Contract.
Provided, however, Town, its officers and employees
shall not be doomed to assume any liability for the negli-
gence Of County, or of any o.f:ficcr or employee thereof.
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V. Personnel.
1 r
A. 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 for Town.
Except as herein otherwise specified, 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 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.
VI. Term of Contract.
A. This Contract shall be effective on
1978, and may be terminated for any reason by either party
for any reason by either party upon the giving o£ sixty
(60)day's 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 as shall
appear herein or upon a change of address pursuant to
this notice provision. In the absence of such notice
of termination, this Contract shall be effective 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.
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In witness whereof the parties
their hands and affixed their seals,
dates indicated to be effective the
written, pursuant to a resolution or
of their respective governing bodies
thereof.
ATTEST:
(S E A L)
By
I - 1 Clerk of the Board of Coulqy
Commissioners
ATTEST:
Town Clerk
(S E A L)
9
hereto have herounto set
in counterpart, on the
lay and year first above
ordinance, as appropriate,
duly entered on the Minutes
COUNTY OF EAGLE,STATE OF COLORADO
By and through its
BOARD OF COUNTY COMMISSIONERS
By:__ Z2 "e' `
Dan Williams, Chairman
Post Office Box 850
Eagle, Colorado 81631
Town of
Mayor l
Post Office Box