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9 <br /> AGREEMENT REGARDING ANIMAL SHELTER USE BETWEEN <br /> THE CITIES OF EVERETT AND SULTAN <br /> This Agreement is made by and between the City of Everett, a municipal <br /> corporation of the State of Washington(hereinafter"Everett"), and the City of Sultan, <br /> a municipal corporation of the State of Washington(hereinafter"Sultan"). <br /> WHEREAS, Sultan regulates animals pursuant to its municipal code; and <br /> WHEREAS, Sultan does not have facilities to shelter, care for, and dispose of <br /> animals as specified in its municipal code; and <br /> WHEREAS, RCW 39.34.010 and 39.34.080 authorize the parties to contract for <br /> the performance of government services such as animal shelter services; and <br /> WHEREAS, Everett is agreeable to rendering such services on the terms and <br /> conditions set forth below; <br /> NOW THEREFORE, in consideration of the mutual promises and covenants <br /> contained herein, the parties agree as follows: <br /> I. SCOPE OF SERVICES <br /> A. Everett shall provide the services described herein for stray animals delivered to <br /> Everett's Animal Shelter by any officer, designee, or resident of Sultan. In <br /> consideration of Everett providing such services, Sultan agrees to comply with the <br /> provisions of this Agreement. <br /> B. For purposes of this Agreement, the term"animals" shall refer to any member of <br /> the classes reptile,bird, or mammal, except man. <br /> C. Animal shelter services shall include: <br /> 1. Sheltering and holding animals at facilities operated by Everett, <br /> provided that capacity is available at the time of delivery. <br /> 2. Releasing animals to owners. <br /> 3. Disposing of animals, including adoption or destruction of animals <br /> not claimed by an owner, in accordance with Sultan's Municipal <br /> Code and the terms of this Agreement. <br /> 4. Disposing of dead animals. <br /> D. Everett reserves the right to refuse acceptance of any animal, where, in the <br /> opinion of the shelter staff, it does not have facilities, capacity or expertise <br /> appropriate or available to accommodate the needs of such animals. Prior to dropping <br /> off an animal to the Everett Animal Shelter, any apparent veterinary care shall have <br /> 65 been provided by Sultan. In the event an animal is deposited at the Everett Animal <br /> Shelter and it is determined that veterinary care should have been provided, Sultan <br /> Page 1 of 5 <br />