HomeMy WebLinkAbout24521 RESOLUTION NO. 2 4 5 2
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN,
3 WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK OF THE CITY
OF AUBURN TO EXECUTE AN INTERLOCAL AGREEMENT WITH KING COUNTY
4 FOR ANIMAL CONTROL SERVICES.
5 WHEREAS, pursuant to RCW 39.34.010 and 39.34.080, the
8 City of Auburn is desirous of contracting with King County for
7 the performance of animal control services within the City;
8 and
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WHEREAS, King County is authorized by Section 120 of the
10 King County Charter and King County Code 11.02.030 to render
such services and is agreeable to rendering such services on
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the terms and conditions as set forth in attached Interlocal
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Agreement.
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
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WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH
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RESOLVES THAT:
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Section 1. The Mayor and City Clerk of the City of
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Auburn, Washington, are hereby authorized to execute the
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Interlocal Agreement with King County for animal control
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services effective January 1, 1994. A copy of said Agreement
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is attached hereto, is designated Exhibit "A" and incorporated
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by reference in this Resolution.
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Resolution No. ~52
De~mber 1, 1993
Pa~ 1
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Section 2. The Mayor is hereby authorized to implement
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such administrative procedures as may be necessary to carry
out the directives of this legislation.
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5 DATED and SIGNED this~h day of December, 1993.
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CITY OF AUBURN
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13 ATTEST:
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16 Robin Wohlhueter,
17 City Clerk
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20 APPROVED AS TO FORM:
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23 Stephen R. Shelton,
City Attorney
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R~o|ution No. 2452
De~mber 1, 1993
Page 2
ORIGINAL
Interlocal Agreement Between
King County and the City of Auburn
Relating to Animal Control
, 1993 between KING COUNTY, State of
Washington, hereinafter referred to as the "County", and the
municipal corporation of Auburn, hereinafter referred to as
the
WITNESSTH;
WHEREAS, the City, pursuant to RCW 39.34.010 and
39.34.080, is authorized to and desirous of contracting
with the County for the performance of Animal Control
Services; and,
WHEREAS, the County is authorized by Section 120 of the
King County Charter and King County Code 11.02.030 to
render such services and is agreeable to rendering such
services on the terms and conditions hereinafter set
forth and in consideration of payments, mutual
covenants and agreements herein contained.
IT IS, THEREFORE, covenanted and agreed as follows:
1. Obligations: In consideration of the promise of the
City and payment of the sum hereinafter set forth, the
County promises to:
1.1 Perform consistent with available resources all
services relating to licensing and enforcement of
City ordinances pertaining to Animal Control as
set forth in Auburn Ordinance Code Title 11
entitled "Animal Control";
1.2 Provide the same degree, type, and level of
service as is customarily provided to residents of
unincorporated King County;
1.3 Except as set forth in section 7.1 below, services
to be provided by the County pursuant to this
agreement do not include legal services, which
shall be provided by the City at its own expense.
In consideration of the promises of the County herein
before set forth, the City promises to:
1.4 Enact an ordinance or resolution which is
substantially similar to Title 11 King County Code
as now or hereafter amended. For the purpose of
this subsection, "substantially similar" shall be
defined to include, at a minimum, identical
license, late penalty, and
impound/redemption/sheltering fees with those
provided in Title 11 King County Code;
1.5 Delegate to the County the following:
1.5.1 The power to determine eligibility for
licenses issued under the terms of the City
ordinance, subject to the conditions set
-forth in said ordinance and subject to the
review power of King County Board of
Appeals;
1.5.2 The power to enforce terms of the City
ordinance, including the power to deny,
suspend or revoke licenses issued
thereunder, and subject to the review power
of the King County Board of Appeals.
1.6 Nothing in this agreement is intended to divest
the City of authority to issue notices of
violations and court citations for alleged
violations of City ordinances. The authority to
issue notices of violations and court citations
may be exercised by either the County or the City.
2. Compensation and Method of Payment: The City shall
reimburse the County for the services as delineated in
this contract in the following manner:
2.1 The County shall receive all fines and fees
collected by the County pursuant to the licensing
of dogs, cats, kennels, hobby kennels, pet shops,
animal shelters, and grooming businesses.
2.2 The County shall receive all impound and
redemption fees charged against animals.
3. Time of Performance: This agreement shall be effective
the first of January, 1994, and shall automatically
renew from year to year unless otherwise modified or
terminated as provided hereinafter. The County
reserves the right to increase fees.
4. Modifications: The parties agree that this agreement
is the complete expression of the terms hereto and any
oral representation or understanding not incorporated
herein is excluded. The parties reserve the right to
modify this agreement. Any modifications of this
agreement shall be in writing, signed by both parties,
and affixed to this original' agreement.
5. Termination: This agreement may be terminated without
cause only after thirty (30) days written notice
received by one party given by the other. Failure to
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comply with any of the provisions stated herein shall
constitute material breach of contract and cause for
immediate termination upon notice received by one party
given by the other. Any termination of this agreement
shall not terminate any obligation of either party
incurred prior to such termination, nor shall it affect
the validity of any license issued pursuant to the City
ordinance.
6. Mutual Covenants: Both parties understand and agree
that the County is acting hereunder as an independent
contractor, with the intended following results:
6.1 Control of personnel, standards of performance,
discipline, and all other aspects of performance
shall be governed entirely by the County;
6.2 All persons rendering services hereunder shall be
for all purposes employees of the County, although
they may from time to time act as commissioned
officers of the City;
6.3 The contact person for the City regarding citizen
complaints, service requests and general
information on animal control services is the
Chief of King County Animal Control;
6.4 In the event of a dispute between parties as,to
the extent of the service to be rendered
hereunder, or the minimum level or manner of
performances of such service, the determination of
the Director of the King County Department of
Executive Administration shall be the final and
conclusive in all respects between parties hereto.
7. Indemnification:
7.1 The county shall indemnify and hold harmless the
City and its officers, agents and employees or any
of them from any and all claims, actions, suits,
liability, loss, costs, expenses, and damages of
any nature whatsoever, by reason of or arising out
of any negligent action or omission of the County,
its officers, agents, and employees, or any of
them, in performing services pursuant to this
agreement. In the event that any suit based upon
such a claim, action, loss, or damage is brought
against the City, the County shall defend the same
at its sole cost and expense; provided, that, the
City retains the right to participate in said suit
if any principal of governmental or public law is
involved; and if final judgment be rendered
against the City and its officers, agents,
employees, or any of them, or jointly against the
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City and County and their respective officers,
agents, and employees, or any of them, the County
shall satisfy the same.
7.2 The City shall indemnify and hold harmless the
County and its officers, agents, and employees, or
any of them from any and all claims, actions,
suits, liability, loss, costs, expenses, and
damages of any nature whatsoever, by reason of or
arising out of any negligent act or omission of
the City, its officers, agents, and employees, or
any of them. In the event that any suit based
upon such a claim, action, loss or damage is
brought against the County, the City shall defend
the same at its sole cost and expense; provided
that the County retains the right to participate
in said suit if any principle of governmental or
public laws is involved; and if.final judgment be
rendered against the County, and its offices,
agents, and employees, or any of them, or jointly
against the County and City and their respective
officers, agents and employees, or any of them,
the City shall satisfy the same.
7.3 In executing this agreement, the County does not
assume liability or responsibility for or in any
way release the City from any liability or
responsibility which arises in whole or in part
from the existence or effect of city ordinances,
rules or regulations. If any cause, claim, suit,
action or administrative proceeding is commenced
in which the enforceability and/or validity of any
such City ordinance, rule or regulation is at
issue, the City shall defend the same at its sole
expense and if judgment is entered or damages are
awarded against the City, the County, or both, the
City shall satisfy the same, including all
chargeable costs and attorney's fees.
8. Audits and Inspections: The records and documents with
respect to all matters covered by this contract shall
be subject to inspection, review or audit by the County
or City during the term of this contract and six (6)
years after termination hereof.
9. Non-D~scr~m~nat~on: The County certifies that it is an
Equal Opportunity Employer and has developed and
implemented an Affirmative Action Program in accordance
with the guidelines in Revised Ordinance 4 of the
United State Department of Labor.
IN WITNESS WHEREOF, the parties hereto have caused this
agreement to be executed the day and year first herein above
written.
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King County City of Auburn
Date Date
Approved as to Form Approved as to Form
~.,eput, y Prose . . Attorney
interac2.doc (interl)
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