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RES 85-03 KITSAP HUMANE SOCIETYRESOLUTION NO. 85-03 A RESOLUTION APPROVING THE 1985 CONTRACTUAL AGREEMENT FOR KITSAP COUNTY HUMANE SOCIETY SERVICES. WHEREAS, the Council of the City of Winslow, Washington feel it is in the best interest of providing for the health, safety, and welfare of the citizens of Winslow to enter into an agreement with the Kitsap County Humane Society for services; and WHEREAS, the laws of the State of Washington allow such agreements, NOW, THEREFORE, be it resolved by the Council of the City of Winslow, Washington, as follows: The proposed Kitsap County Humane Society Contract for 1985 is hereby approved; a copy is attached. PASSFD BY THE COUNCIL of the City of Winslow, Washington, this 7th day of MARCH 1985. Alice B. Taw~esey ~ Mayor ATTLST: Clerk/Treasurer ATTACHMENT FOR RESOLUTION NO. 85-03 AGREEMENT FOR ANIMAL CONTROL SERVICES THIS AGREEMENT, made and entered into by and between City of Winslow, Washington, a municipal corporation, hereinafter referred to as the City , and Kitsap County Humane Society, a nonprofit corporation organized and existing under and by virtue of the laws of the State of Washington, hereinafter referred to as the Society. WITNESSETH: For and in consideration of the mutual promises and agreements hereinafter contained, it is hereby mutually promised, understood and agreed by the parties hereto as follows, to-wit: 1. The Society shall act as the Animal Control and Impounding authority for the City , and shall provide impound services and facilities for all animals for which impounding is authorized. 2. The Society shall faithfully enforce all ordinances of the City and/or statutes.ef.the State of Washington now in effect ~elative to the care, treatment, control, impounding and licensin~ of animals. ~ 3. The Society, under the authority and at the direction of the Health Officer of the Bremerton-Kitsap County Health Department, shall, pursuant to the direction of the Health Officer or in accordance with the request of the owner, quarantine all animals that shall have bitten a person so as to have broken the ski~. PROVIDED, that the responsibility for the release of such animals from confinement shall be that of the Health Depart- ment. It is the responsibility of the Health Officer to monitor animals under confinement and the Society shall cooperate with the Health Officer in the record keeping necessary to monitor the keeping of quarantined animals. 4. The Society, while on patrol or by request, shall pick up dogs and/or cats injured or killed on the City streets, roads and alleys. If the owner of any such animal is known, the Society shall request disposition instructions and comply with the same, if reasonable. If the owner of such an animal is un- known or unavailable the Society shall make such disposition of said animal as it deems necessary or appropriate under the circumstances. 5. The Society, on request, shall assist officers of the Winslow Police Department in clearing the City streets and roads of livestock or any other animals at large on said roads and streets. PROVIDED, that nothing contained herein shall be construed to place responsibility on the Society for the removal of livestock or any other animals, whether living or dead from public roads, streets and highways, nor.from public or private property. 6. The Society shall accept at no charge dogs, cats and other small pets brought to the Shelter by their owners or authorized person. PROVIDED, such animals shall have not bitten any person within the last ten (10) days so as to have broken the skin. PROVIDED FURTHER, that disposition of said animals shall be at the discretion of the Society. Nothing herein contained shall be construed to prevent the Society from charging for euthanasia and or cremation where such services are requested of the Society or deemed necessary. 7. The Society shall assist the proper officers in obtaining and presenting evidence in the prosecution of all vio- lations of any ordinance or statute pertaining to animals as herein defined. 8. The City through the Prosecuting Attorney, s~all be responsible for prosecuting all cases brought to enforce City Ordinances or State Statutes relating to animal control (provided 'that the Prosecuting Attorney's Office has first screened and approved all such cases for filing.) The Prosecuting Attorney shall provide legal assistance to Society personnel in the inter- pretation and administration of said ordinances and statutes. 9. The Society shall act as an agent of the City Treasurer for the purpose of issuing licenses for dogs and collecting the fee therefore, as required by City Ordinance, at no cost to the City . All moneys collected from said licensing shall be remitted to the City Treasurer on each and every Friday during the calendar year of 1985. 10. The duties of the Society, as set forth herein, shall pertain to all domestic animals and to wild animals which have been tamed or kept in captivity. The duties of the Society, as set forth herein, shall not pertain to wild predatory or game birds or animals at all, except in the case of injury and/or suffering. 11. The Society, during the term of this contract, shall function as a nonprofit corporation. PROVIDED, that nothing herein contained shall be construed to prevent the Society from selling impounded animals, strays or gift animals. nor from board- ing for a fee animals under quarantine, at the request of the owners. -2- 12. The Society shall maintain complete and accurate records and expenditures, which records may be examined by the City Clerk, the City Treasurer, the Mayor or their agents. 13. For the purpose of the enforcement of City Ordinances and State laws as set forth in Section 2, the Chief of Police shaTM co~,mission Animal Control Officers of the Society over the age of twenty-one (21) years. PROVIDED, that such commission be conferred at the discretion of the Chief of Police. 14. The City shall pay to the Society for its services the sum of $ 299.'58 on the first day of the month beginning January 1, 1985 for 12 succeeding months. The total amount of this contract shall be $ 3,595.00. 15. The Society shall defend, indemnify and save harmless the City, its appointed and elective officers and employees, from and against any and all liability, loss, cost, damage and expense, including costs and attorney fees in the defense thereof, because of actions, claims or lawsuits for damages because of personal or bodily injury, including death at any time resulting therefrom, sustained or alleged to have been sustained by any person or persons and on account of damage to property including los? of use thereof, arising or alleged , to have~arisen directly or indirectly out of or in consequence of the performance of this contract, whether such injuries to persons or damage to property is due to the negligence of the Society, its employees, agents, successors or assigns. -~ 16 Tl~e Society shall obtain and keep in force for the term of this contract, Liability Insurance in the amounts set forth below: Comprehensive General Liability: Bodily Injury Liability Property Damage Liability 500,000 200,000 Comprehensive Automobile Liability: Bodily Injury Property Damage 500,000 350,000 Law Enforcement Professional Liability: 500,000 17. This Agreement shall be effective as of the first day of January, 1965, and shall be in force and effect until the 31st day of December 1985. Should either party desire to modify or terminate this Agreement on January 1, 1986, it shall serve written notice at least ninety-days prior to that date. IN WITNESS WHEREOF the parties hereto have caused this agreement to be ~u.ted by their proper officers on this 15th day of M , 1985. Attest: By Mayor, Alice B. ~ HITSAP COUNTY HUMANE SOCIETY At test: Attest: Donna n Buxton Secretary, Lila Dolan