HomeMy WebLinkAbout1224 ResolutionRESOLUTION NO. 1224
A RESOLUTION of the City of Pasco authorizing the City to enter into a
contract for the year 1979 with the Benton -Franklin
County Humane Society, Inc.
W H E R EA S , 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
W H E R E A S, the City Council ha s found that said agreement i s 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 1979, attached hereto and by
this reference incorporated herein.
PA S S E D by the City Council of the City of Pasco, Washington, this
18 day of December , 1978.
ATT
ve yn Wells, Deputy City Clerk
APPROVED AS TO FORM:
De nis De Felice, City Attorney
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Chet Bailie, Mayor
J �`fir 4 • ' . �'r.
AGREEMENT
S AGREEMENT, made and entered into on the day of
71, by and between the CITY OF PASCO, a Municipal
Corporation, State of ashington, hereinafter called the "CITY", and the �"<
t BENTON-FRANKLIN COUNTY HUMANE SOCIETY, INC., a non-profit corporation,'`
organized and existing under the laws of the State of Washington, hereinafter
called the "SOCIETY", shall be effective from January 1, 1979, and shall remain
in effect up to and including December 31, 1979.
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' :5;�'
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 redeemed from the hours of 9:00 a.m. to 5:30 p.m. , each,;
and every day, except for Sundays and legal holidays. .f
{ 3. To maintain twenty-four hour phone service for the purpose of receiving
complaints from 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 investigating complaints, impounding animals, securing evidence �'_n
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 prosecution. 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 yq:
City ordinances and/or performing animal control services pursuant to this
agreement. f %:
(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 _.
rights-of-way.
6. May, as agent of the City, issue dog licenses and collect dog license
fees throughout the City, and shall furnish, at its own expense, 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 issued, 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,
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9. To procure and maintain public liability insurance in a combined
single limit of $500,000, including bodily injury and 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. 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, the sum of One
Dollar and 66/100 ($1.66) per inhabitant per year in the City in accordance with
the 1978 census certified by the Washington State Census Board, and said sum of
$26,560 shall be annually pro -rated over a monthly basis and shall be payable to
the Society no later than the 10th day of each and every month, and that the
monthly payment by the City to the Society for the year 1979 will be not more than
the sum of $2,213.33 paid on, or before the 10th day of each month, for all
services per this contract.'
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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 cooperate 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
re -negotiate 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 as 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 hereinabove first written,
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ATTEST:
CITY OF PASCO
�r
By:
Chet Bailie, Mayor
Charles T. Criscola,
Ex Officio City Clerk
APPROVED AS TO FORM:
wO
Dennis De Felice, City Attorney
BENTON-FRANKLIN COUNTY HUMANE
SOCIETY, INC.
t
By:
President
ATTEST: i.
Executive Director :x:}
STATE OF WASHINGTON)
.ss.
County of Franklin )
On this LT— day of 19792" before me
the undersigned, a Not y Public in and for the State of Washington,
duly commissioned and sworn, personally appeared Chet Bailie and
Charles T. Criscola, to me known to be the mayor and ex officio
city clerk of the City of Pasco,.Washington, the corporation that
executed the foregoing instrument, and acknowledged that said
instrument to be the free and voluntary act and deed of said
corporation, for the uses and purposes therein mentioned,.and on
oath stated that they are authorized to execute the said instrument
and that the seal affixed'.is the corporate seal of said corporation.
Witness my had and official seal hereto affixed the day and
year first above written.
Not y ublid in and for- State of
Washington, residinga�-
-4 -
STATE OF WASHINGTON)
.ss.
County of Franklin )
On this Ir day of 197 before me,
the undersigned, a Notary Public in and for the State of Washington,
duly commissioned and sworn, personally appeared
Nt/ ,S /� and f ,; dA a to me known
�the'president and executive director of the Benton -Franklin
County Humane Society, the corporation that executed hte foregoing
instrument, and acknowledged that said instrument to be the free'"and
voluntary act and deed of said corporation, for the uses and purposes
therein mentioned, and on oath stated that they are authorized to
execute the said instrument and that the seal affixed is the corporate
seal of said corporation.
Witness my hand and official seal h eto affixed the day and
year first above written.
No is in andfor t tate of
Wa hington, residing",
-at