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HomeMy WebLinkAboutSeminole County and Winter Springs Violent Dog regulation 1976 10 12•i i COfi... -« T..RACT THIS AGREEMENT made and entered into this 12th day of October , 19 76, by and between the BOARD OF COT 4TY COWMISSIONERS OF SrMINOLE COM4TY, FLORIDA, hereinafter referred to as "First Party" and the City of Winter Springs Seminole County, Florida , hereinafter referred to as " Second Party% both of whom understated and agree as - follows :. WHEREAS, the parties -hereto have the common power to regulate and control unrestrained and vicious dogs within their geographic jurisdictions; and WHEREAS, the Second Party desires to contract with the First Party for naid services= And WHEREAS, rirst Party is agreeable to providing these services under the terms and conditions hereinafter set forth; and WiiEREA.'S, this contract is authorized by the provision.:' of Section 163.01, Florida Statutes, which authorizes the exercise by agreement of two or more public agencies of any power common to them: PURPOSE OF AGRBEAiEI T 1. The purpose of this agreement is for the First Party to provide the following service: to the Second Party in the manner hereinafter set forth: a) Rogulate and control unrestrained and vicious dogst protect against nuisances caused by dogs, and protect against rabies through a program of dog vaccination and licensing within the geographical limits of the Second Party. ADMINISTRATIVE AGENT SERVICES PROVIDZD 39 The services to be provided pursuant to this agreement by the First Party shall be as apeeified in Ordinance tab. 74-8 of the ordinances of Seminole County, Florida, a cony of which is attached hereto and by reference made a part hereof. Sa'd ordinance having been enacted under authority of Articlo VIII, Section l(f), of the Constitution of the State of Florida, under authority of Florida Statutes, Chapter 125 (1971) , and under the general Honin Rule P(nver of Seminole County, Florida. . SERVICES TO BE PROVIDED AT NO COST 4. First -Party hereby agrees to provide the afore- mentioned services at no cost to Second Party and Second Party hereby agrees to authorize First Party, its designated officers and agents, to enter into the geographical limits of Second Party for the purpose of taking custody of dogs, impounding sai, dogs in tho facilities of the First party, and performing any and all other acts set forth in Ordinance rto. 74 -8 . DUTIES AND LEVEL OF SERVICE . 5, No officer or department of First Party shall perform for Second Party any function not within the scope of the duties of such officer or department in performing the same kind of services for First Party. Except as otherwise heroin- after provided for, the level of service shall be the same basi level of service that is and shall 'j:)e hereafter, during the to l of the agreement, provided by First Party within its geographic jurisdiction. Rendition of servico, standards of performance, discipline of officers and employees, and other matters inci- rendered hereunder, or this level or manner of performance of such service, the determination thereof made by the chief administrator of First Party shall be final and conclusive subject to subsequent termination of this agreement by they Second Party as hereinafter provided. M1PLOYEE STATUS 6. Persons employed by the First Party in the performance of services and functions pursuant to this agree- ment shall have no claim to pension, workman's compensation, unemployment compensation, civil service or other employee rights or privileges, granted by the operation of lacy or by Second Party to its officers and employees. • COOPERATION 7. To facilitate performance under this agreement First Party shall have full cooperation and assistance from Second Party, its officers,-agents and employees. FIRST PA11TY LIABILITY 8. First Party, its officers and employees, shall not he deemed to assume any liability for the acts, ommissions, and negligence of Second Party. Second Party'•shall hold First Party harmless from, and shall defend First Party and its officers and employees thereof against any claim for damages resulting therefrom. SECOND PARTY LIABILI'T'Y 9. Second Party shall Assume no liability for the payment of salary, wages, or other compensation or entitlements to officers, agents, or employees of First Party performing services hereunder provided in thin agreement. i 'X'ERt4 OF CONTRACT � 1 10. This contract shall become affective on th© date I mentioned above and shall run for a period ending the 1st of October 1977# and at the option of the governing body of I Second Party, with the consent of the governing body of First Party, shall be renewable thereafter for successive periods not j! to exceed five years,pach. I RE14MIlAL • i 11. In event Second'Party desires to renew this Agreement for any succeeding period, its governing bony shall notify the governing body of First Party that it wishes to renew the sam© • whereupon governing body of First Party not later than two months preceding expiration data shall notify governing body of Second Party in writing of its willingness to accept such renewal. Notwithstanding the provisions of this paragraph, either art may terminate this agreement as of the first day of P Y October of any year upon notice in writing to the other party of not less than three calendar months prior to the date of termination. PROPERTY DISPOSAL 12. In the event of termination of this agreement for any cause, all property acquired under this agreement by First Party shall remain in the possession and ownership of First Party unless payment therefor is made by Second Party to First Party. CONTRACT COidTROL 13. This agreement is designed to cover specific rxnrvi naa wh i e -h may hA sunnliAd- by First Party and the various � h 1 i. PRIOR XNCONSISTENT ORDINANCES 14. As a conditi(xi to entering into this agreement,. Second Party shall.expressl.y ropoaA all municipal ordinances or Portions thereof which ar© inconsistent with Ordinance No. 74 -8- of the Ordinances of Seminole County, Florida. IN WITNESS MIEREOF, the parties to, this agreement have caused their names to be affixod hereto by the proper,offieers thereof. This agreement is signed and executed this �� day of , 19" �. ATTEST: CITY CLERK /'.YAM.• A.Y BOARD OF COUNTY COI.P-II SS IONERS OF SWAINOLE COUNTY , , Ftj.C'jRX!)A By illAII;: LATI , BOARD OF COCT!: 1'Y— _+ COLT- 13:S3 I0 "i",RS, SEINIIIJOLE COUNTY, FLORIDA A LST s ://d -X •tiae 41) r WUS-4 'Y CLERK CER' IFIED COPY ARTF!Uf'Z I{. BECK'`3`e'ITH, JR. CLErP . OF THE' CIRCUIT COURT C—DV11 % COUNiy, FL k DA DppOy Clark