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HomeMy WebLinkAbout1137 ResolutionRESOLUTION NO. 1137 A RESOLUTION of the City of Pasco authorizing the Mayor to enter into a contract for the year 1978 with the Benton - Franklin County Humane Society, Inc. WHEREAS, the City Council of the City'of Pasco has reviewed the proposed contract between the City of Pasco and the Benton -Franklin County Humane Society, Inc., and WHEREAS, the City Council has found that said agreement is in the best interests of the City of Pasco and wishes to enter into the same, NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF PASCO: That the Mayor of the City of Pasco is hereby authorized and directed to enter into the Agreement between the City of Pasco and Benton -Franklin County Humane Society, Inc., for the year 1978, attached hereto and by this reference incorporated herein. PASSED by the City Council of the City of Pasco, Washington, this 19 day of December 1977. f J Tidrick, Mayor AT T: %velyn Wells, Deputy City Clerk APPROVED AS TO O Michael E. Cooper, City Attorney r T!_DVVhfiVMM THIS AGREEMENT, made and entered into on the day of January, 1978, by and between the CITY OF PASCO,.a Municipal Corporation, State of Washington, hereinafter called the "CITY and the BENTON- FRANKLIN COUNTY HUMANE SOCIETY, INC., a non-profit corporation, organized and existing under the laws of the State of Washington, hereinaftercalled the "SOCIETY", shall be retroactively effective from January 1, 1978, and shall remain in effect up to and including December 31, 1978. The Society agrees as follows: 1. To furnish and maintain a shelter and necessary equipment for handling stray animals, impounded animals and animals turned over to the Society by City inhabitants. These facilities shall include cat kennels, dog kennels, facilities for larger animals and facilities for the humane disposal of sick and injured small animals. 2. To.keep the shelter open for.the purpose of receiving animals and allowing animals to be redemmed from the hours of 9:OO.a.m., to 5:30 p.m., each and every day, except for Sundays and legal holidays. 3. To maintain twenty-four hour phone service for the purpose of receiving complaints for City inhabitants. 4. To enforce in the City all State laws prohibiting cruelty to animals and all City ordinances pertaining to control and licensing of animals. 5. To employ a person and/or persons who shall enforce said laws and regulations by invesitgating complaints, impounding animals, securing evidence of suspected violations and preparing written reports of suspected violations and furnishing the said reports to appropriate City officials, and appearing in court in the case of presecution. The person and/or persons so employed, and any and all other persons employed by the Society, if any, to perform its obligations under this agreement shall be employees of the Society, and not employees of the City. The working schedules of the person and/or persons so employed shall be: (a) At least one person shall work eight (8) hours each day on a varying schedule, Monday through Saturday, except legal holidays, enforcing City ordinances and/or performing animal control services pursuant to this agreement. (b) At least one person shall be available at all times to respond to emergency calls and calls relating to injured animals, and during the daylight hours only, to dispose of dead dogs and other small animals located on the City's right-of-way. `6. May, as agent of the City, issue dog licenses and collect dog license fees throughout the City, and shall furnish all license . tags and record books used in the licensing. 7. To inspect kennels and issue certificates of inspection of kennels. 8. To maintain complete records of licenses is.sued, fees collected, animals received, animals disposed of, kennels inspected, complaints received and investigations conducted; to make such records available to the City's inspection at all times at the place of business of the Society; and to furnish quarterly reports of the Society's activities to the City. 9. To procure and maintain public liability insurance in the sum of One Hundred Thousand Dollars ($100,000.00) per person and Two Hundred Thousand Dollars ($200,000.00) per accident for bodily injury, and Twenty-five Thousand Dollars.($25,000.00) property damage applicable to activities.performed under the terms of this agreement; to hold the City harmless from all claims, losses, demands and causes of actions arising from the said activities and to defend the City at the Society's expense, against claims or actions arising from the said activities. 10. To furnish all equipment and supplies used in performing the Society's obligations arising from this agreement, except equipment and supplies which the City expressly promises to furnish. The City hereby agrees as follows: 1. To issue dog licenses and collect dog license fees at the City's general office. -2- 2. To permit the Society to retain all kennel inspection fees and impounding fees collected by the Society; and to monthly pay over to the Society .an amount equal to the amount of license fees and penalty fees remitted to the City by residents, as well as all such fees collected by the City together with a detailed report from whom such fees.and fines were collected and to whom any such licenses were issued. 3. To pay to the Society from the City's General Fund, a sum of One Dollar and 20/100 ($1.20) per inhabitant per year in the City in accordance with the last census certified by the Washington State Census Board, and said sum shall be annually pro -rated over a monthly basis and payable to the Society no later than the 10th day of each and every month, and that the cost to the City for the year 1978 will.be not more than the sum of,$1,461.80 paid on or.before the 10th day of each month, for all services per this contract. 4. To deputize all employees of the Society that are employed to enforce the City's laws pertaining to animals; to supply citation forms as. may be issued by such deputized employees, and to cooperation with the Society to see that each employee employed to enforce any obligation assumed hereunder shall be deputized in accordance with R.C.W. 16.52.030. It is also understood and agreed by and between the City and the Society that this agreement shall continue, in accordance with these terms, for the period hereinabove set forth, subject to the right of either party to terminate or renegotiate the same upon giving thirty (30) days written notice to the other party hereto, provided, however, that the City may not terminate this agreement unless the Society has been found to be not properly fulfilling its' obligation hereunder. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their proper officers of the date herein- above first written. -3- CITY Off' PASCO .. B y : O,an Tidrick, Mayor ATTEST: Leo E. Olney, City Clerk APPROVED AS TO FORM: Michael E. Cooper, City Attorney ATTEST: f BENTON-FRANKLIN COUNTY HUMANE SOCIETY, INC. By: President Executive Director -4-