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