HomeMy WebLinkAboutCOW 2003-08-11 Item 5C - Interlocal Agreement - Amendments with King County Animal Control (Pet License) Meeting Date _ ~?repared by Mayor's review Council review
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CAS Number: 03-073 Original Agenda Date: 05-27-03
Agenda Item Title: King County Animal Control Interlocal Agreement- Proposed Amendments
Original Sponsor: Council Admin. X (Mayor's Office Staff)
Timeline:
Sponsor's Summary: 05-27-03 Discuss having Tukwila patrolled by animal control services in Tukwila at
the new $60 per hour rate. If you agree to the continued service,
recommend lnterlocal agreement amendments to Regular meeting.
08-11-03 King County Animal Control has not billed the City while they have tried to
get City approval of a higher rate for our extended service. The proposed
amendment would raise the rate from $28.00 per hour to $60.00 per hour
from July 1, 2003 to December 31, 2003. The extended service will be
evaluated for {,'~value to the City at that time.
Recommendations:
Sponsor: Approve amendment to Interlocal Agreement
Committee: (Finance & Safety) - Recommend approval of amendment to I nterlocal Agreement
Administration: Same as sponsor.
Cost Impact (if known): $17,280.00 for 6 months' service (July - December, 2003)
Fund Source (if known): (Mayor's Budget - $30,000.00) 000.03.539.300
Meeting Date Action
05-27-03 Discussion by Council. Staff to continue refining the proposed lnterlocal .4greernent and
return to Council when completed. -
Meeting Date Attachments
05-27-03 Memo. From L. Lauterbach dated 05/22/03; Proposed Interlocal Agreement &
Amendments; 2002 Statistics; Finance and Safety Committee minutes dated May 5
and May 19, 2003.
08-11-03 Memo. From R. Berry dated 08/06/03
Interlocal Agreement with King County {AG 94-04~}
Amended Interlocal Agreement with King County {AG 94-04 ~ (a)}
Newly Proposed Amendment to Interlocal Agreement
Minutes - Finance and Safety Committee - dated 08/04/03
Minutes - City Council Committee of Ill/hole - dated 05/27/03
To: City Council
From: Rhonda Berry
Date: August 6, 2003
Subject: Animal Control Interloeal
During committee discussions last year regarding amendments to Tukwila's animal control
ordinance, King County informed of us it's intent to request an increase in the hourly rate for
enhanced animal control services. The interlocal with the County provides for 12 hours of
enhanced service per week at the rate of $28. This rate has been in effect since the inception of
the interlocal in 1994 even though the interlocal allows for rate increases annually.
This year, the County would like to bill at a $60 per hour rate, which is purported to be the
actual cost of providing this service. They had hoped to begin billing at the new rate effective
January of this year, but have agreed to make the new rate effective July 1, 2003. The proposed
amendment also includes measures to increase Animal Control's accountability to the City.
Finance and Safety Committee members discussed these accountability measures as a way to
also analyze the need for enhanced services.
In 2002, the enhanced services allowed the City to deal with some particularly troubling
problems with animals in neighborhoods throughout Tukwila. This year has been fairly quiet,
with problematic "animals" being those outside the purview of Animal Control such as raccoons,
crows and rodents.
Interlocal Aqreement Between
King County and the City of Tukwila
Relating to Animal Control
J~h~s AGREEMENT entered into this day of
_~.~'~.,,k~' , 1993 between KING COUNTY, State of
Washington, hereinafter referred to as the "County", and the
municipal corporation of Tukwila, hereinafter referred to as
the "City."
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. Qh~~: 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 ContrD~_as
set forth in the City Ordinance Number /~;
1.2 Provide the same degree, type, and level of
service as is customarily provided to residents of
unincorporated King County;
1.3 Furnish licenses and application forms for said
licenses to the City for sale to the public at the
City Hall;
1.4 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:
1.5 Enact an ordinance or resolution which is
~/~Li~ 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 ~enalty, and
impound/redemption/sheltering fees with those
provided in Title 11 King County Code;
1.6 Delegate to the County the following:
1.6.1 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;
1.6.2 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.
1.7 Nothing in this agreement is intended to divest
the City of autkority 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 Cit'y.
2. Comp~n~ation and ~thod 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 subject
to a $1.00 rebate for each valid pet license sold
by the City.
2.2 The County shall receive all impound and
redemption fees cha~ged against animals.
3. T~me 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 or modify the
rebate provisions of Section 2.1 of this agreement.
4. ~Q~: The parties agree that this agreement
is the complete expression of the terms hereto and any
, ~
oral representat~o or understanding not incorporated
herein is excluded. The parties reserve the right to
modify this agreement. Any modifications of this
2
agreement shall be in writing, signed by both parties,
and affixed to this original agreement.
5. ~: This agreement may be terminated without
cause only after thirty (30) days written notice
received by one party given by the other. Failure to
comply with any of the provisicns 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 ~ ~ ~,~h ~erm~n~n~, 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, %tandards of performance,
discipline, and all other aspects of performance
shall be governed entirely by the County;
6.2 Ail persons rendering services hereunder shall be
for all.~urposes 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 ail respects between parties hereto.
7. '. :
7.1 The county shall indemnify and hold harmless the
City and its officers, agents and employees or any
of them from any and alt claims, actions; suits,
liability, loss, costs, expenses, and damages of
any nature'whatsoever, by reason of or arising out
om_ssion of the County,
of any negligent action or
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
3
/ at its sole cost and expense; provided, that, the
City retains the right to participate in said suit
if any princip&! of governmental or public law is
involved; and if final judgment be rendered
against the City and l~s officers, agents,
employees, or any of them, or jointly against the
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 suc~ a claim, action, loss or damage is
brought ~g.ainst the Cdunty, 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
rendere~ 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. Aud~t~ and Inspectlon~: 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-Discrimination: 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.
King County
gt
King C unty;Lxecutive
/.g
Date
Approved as to Form
1
leg County/
epu4y Pro'ecuting Attorney
Date
interac.doc (interl)
5
City of Tukwila
Date
VA,
�a
-/C-9-3
Approved as to Form
City Attorney
/.Q 1 el?t
Date
BZTWEEN THE CITY OF TUKNILA AND KING COUNT~
This is an amendment to the Interlocal Agreement between the City of Tukwila,
a municipal corporation of the State of Washington, hereinafter referred to as
the "City", and King County, a home-rule charter county, a political
subdivision of the State of Washington, hereinafter referred to as the
,,County".
WHEREAS the City and County have entered into an Interlocal Agreement relating
to animal control effective January 1, 1994; and
WHEREAS the City and County have negotiated certain amendments to the
Agreement effective June 15, 1994; and
WHEREAS the parties have the authority to proceed with these amendments to the
Interlocal Agreement pursuant to the terms of the Agreement and Chapter 39.34
RCW;
NOW, THEREFORE, in consideration of the mutual covenants, the City and County
hereby agree to amend the Interlocal agreement as follows:
1. Services. The County shall provide supplemental animal control services in
the form of an additional six hundred twenty-five (625) hours annually of
animal control officer work. These hours will be provided on an average of
twelve (12) hours per calendar week. Scheduling of the hours will be
determined by mutual agreement of the contract administrators for t~$s
supplemental service.
The animal control officer will be stationed with in the city limits to
respond to specific calls for service, perform routine patrol and other tasks
as agreed to by the contract administrators for this supplemental service.
2. Compensation. In consideration for the supplemental services provided by
the County as set forth herein, the City promises to pay the County for the
hours of animal control officer work in the amount of twenty eight dollars and
seventy-five cents ($28.75) per hour, provided that the rate per hour will be
updated each budget year. The hourly rate includes all operations and
maintenance costs required to support the animal control of $icer.
The County will invoice the City quarterly. Payments are due within 30 days
after invoicing by the County.
3. Contract Admini~trators. For purposes of these supplemental services the
contract administrators shall be the City Administrator or a designee and the
Chief Of King County Animal Control or a designee. Each party shall info~
the other of its contract administrator by June 17, 1994.
4. ~fect{ve date. This amendme~.t shall be effective June 15, 1994. All
other terms and conditions in the Interlocal Agreement shall remain in full
force and effect.
IN WITNESS WHEREOF, the parties have executed this agreement.
~t~ttorn~y D%puty Brosecuting Attorney
foacagr2.doc (iht) '
INTERLOCAL SERVICES AGREEMENT - AMENDMENT
City of Tukwila and King County
Animal Control Services
This is an amendment to the amendment to the Interlocal Agreement between the City of
Tukwila and King County entered into in 1994 for supplemental animal control services.
The amendment is hereby amended to read as follows:
Section 1. Obligations The County shall provide supplemental animal control
serVice in the form of an additional six hundred twenty-five {625} hours annually of
animal control officer work. These hours wffi be provided on an average of twelve
(12} hours per calendar week. Scheduling of the hours will be determined by mutual
agreement of the contract administrators for this supplemental service.
The animal control officer will be stationed within the city limits to respond to
specific calls for service~ perform routine patrol~ keep in touch with city hall officials
and other tasks as agreed to by the contract administrator for this supplemental
service.
The Ci.ty requests a general monthly calendar of scheduled service (morning,
afternoon or evening) in Tukwila~ and a quarterly report of the types of services
offered~ including neighborhoods where dogs have bitten~ or have been removed as
illeuai do~s.
Animal control will find a method for the City to be able to easily contact the animal
control officers in Tukwila when they are on duty in the City.
Section 2. Compensation
In consideration for the supplemental sen;ices provided by the County as set forth herein,
the City promises to pay the County for the hours of animal control officer work after
In the amount of ....... j ~.~, ...................j ..........~ ...... ~
June 30~ 2003 ' ,~_~_~,, ~+ ~^u ..... ~ ...... ~, a ......+~ ~e~ ~
sixty dollars ($60.00) per hour, provided that the rates per hour may ..... be updated
each budget year. The hourly rate includes all operations and maintenance costs required
to support the animal control officer.
IN WITNESS WHEREOF, the parties have executed this agreement.
KING COUNTY CITY OF TUKWILA
Inteflocal Services Agreement Amendment
King County and City Tukwila
August, 2003
King County Executive City Administrator
Date Date
Approved as to Form: Approved as to Form:
King County Deputy City Attorney
Prosecuting Attorney
Date
Date
Finance and Safety. Committee
August 4, 2003
Present: Joe Duffle, Chair; Jim Haggerton, Richard Simpson
Nick Olivas, Alan Doersche[, David Haynes, Rhonda Berry, Lucy Lauterbach
1. V-Net Seizure Fund Tukwila handles money for the V-Net group, which is composed of
members from King County Sheriff, State Patrol, and police departments from Tukwila. R. enton,
Kent, and Auburn. Funds from drug seizures have built '~p, and the group has agreed to disburse
some of that fund back to cities so they can spend it for law enforcement purposes. There are
restrictions on what some of the seizure funds can be spent on. Of the $343,674.29 total in the
fund, $240,000 will be divided among the six members for $40,000 each. David said the Chief's
priority for Tukwila right now is in-car cameras for the police vehicles, but the final decision will
be brought to Council. Jim asked if this would affect city finances. Alan said the V-Net funds are
a separate line item, with funds for that going in and out of that line item only, so it does not
affect city finances. Recommend Council motion to allow expenditure of V-Net funds to
iember organizations' . '
· Interloeal'Agreement w~th Animal Control The committee had spent time considering
imal control services in the City, and had some questions about its need and efficacy. King
ounty wants to increase their fee for expanded service, which has not changed since 1994. The
rate will rise from $28/hour to$60/hour. Though they wanted the new rate to start in January, a
compromise to start it July 1 was reached. Jim noted some reservations about increasing our
costs so greatly when we are in a budget crunch. The question of whether we need additional
service was again broached and discussed briefly. Rhonda, J'oe and Lucy agreed Animal Control
has been seen more in the community in recent months. If we did not have an agreement for
expanded service, they would not patrol in the City, but would only respond to specific calls for
service, as they do everywhere else in the County. The last six months of 2003 will be a good
test of how useful the service is. Recommend interlocal agreement to COW.
3. Second Quarter Reports The Committee reviewed the police and fire portions of the reports.
J'oe asked why Station 52 was painted off-white, and was told that was the choice of the three
shifts who work there from the selections Tom Pulford gave. Nick pointed out some areas wI~ere
no progress has bees made on fire prevention-goals, and said it was because of staffing shortages
caused by a lieutenant responsible for that, being out on medical leave for some time. He may
return shortly, however. There are 60 uniformed fire persormel and 4 civilian workers. Asked
about a strategic plan, Nick said they will be updating the plan. He gave an example of a
National Fire Prevention Association rule that was now in the plan that he thought should be
used as a goal, not a rule. The bees at Station 53 are stili there, but since the original bee person
apparently died, Paul Gully has promised to help remove them to another place.
Dave Haynes talked about the Southcenter incident. Since it happened, police have talked to the
mother who reported it, and to Mall security. The Mall wants to be vigilant about keeping
inappropriate activity out of the Mall. Dave passed a card the Mall has that addresses
inappropriate behavior that is banned. Police will continue to follow the issue up. Rhonda noted
that kids at both Southcenter and at BelSquare dress similarly, and hang out in groups. The
City of TuEwvlla Page 3 of 5
City Council Committee of Whole Minutes May 27, 2.003
b. AU-FHORIZE FIAYOR. TO SIGN AN AGP. EEFIENT ~ U. $. BANK FOR CON-r~NUED
Alan Doerschel, Finance Director, reported the current banking services agreement with U. S, Bank
explres on May 31, 2003. Alter requesting and reviewing bids from four local banks, Hr, Doerschel spoke
in favor of retaining the services of U. $. Bank. His decision is based on the lowest cost (of the bids) as
well as the existence of an excellent working relationship between the City and the bank. Said
relationship has existed for 12+ years,
With monthly service costs (banking and merchant) of $24,928.00, and eamlngs credits of $27,500.00;
the City receives a net monthly earning In the amount of $2,572.00, The proposed agreement includes
all costs of malntalnlng the City's account,
The proposed Scope of Services provides "contra~ng for .., the services for a two-year period beginning
.3une 1, 2003 and ending Nay 31, 2005, with two 1-year sucseedlng renewal periods ..."
Council consensus existed to forward the item to the Hay 27 Spedal meeting for
consideration.
C, R~SOLU'r~ON DECLAP, ZNG ~NTENT TO REIMBURSE CAPTI'AL EXPENDTrURES
A RESOLUT'J[ON OF THE C['Pf COLINC[L OF THE CT[Y OF TUIONZLA, WASHINGTON,
DEO-APJNG 13'5 OF~C~AL ~[NTENT TO REIMBURSE CAPITAL EXPENDI'rURES
CONNECTTON WTrH ARTERZAL STREET PRO3ECTS F'EOM PROCEEDS OF A FUTURE
BORROWING
Alan Doerschel, Finance Director, reported the need to revise the bond issue to reflect a different
distribution. Resolution 1514~ approved In February, 2003 called for the Tukwlla Village project
completion to be funded by an upcoming bond issue. This amount ($3.9 million) however, is considered
taxable due to the fact a pr'rvate developer (Sabey Corp.) will be the ulUmate benefactor.
To save Tukwila more than $500,000.00 in debt service costs over the life of the bonds, the City must do
a supplanting effort. This will be done in the same fashion as that of the bond purchase for the building
located at 6300 Southcenter Boulevard.
Bond funds will be used for three Items:
3.. Repair and overlay;
2. South 144~ StTeet project;, and
3. Tukwlla International Boulevard project.
Cash funds available for these projects will bo-allocated for the Tukwila Village property purchases (yet
.remaining).
Nr. Doerschel noted preparation of a proposed budget amendment as well as presentation at the 3une 2
Rnance and Safety Committee meeting. From there, the proposed amendment would go to a Committee
of Whole and then City Council Regular meeting.
Altei brief discussion between Council and staff, coundl consensus existed to forward the item to
the I~lay 27 Special meeting for consideration.
d. AN [NTERLOCAL AGREEHENT FOR ANIMAL CONTROL SERVZCES
Lucy Lauterbach~ Legislative Analyst~ reported King County's proposed rate Increase from $28.75 per
hour to $60.00 per hour. Noting the existing contract with King County has been In effect since 1994,
Ns. Lauterbach reported an agreement for "twelve hours of patrol" per month. [nterestingly, Tukwila is
the only south end city which contracts with the County for additional pat
City of Tukwila Pege 4 of 5
City Council Committee of Whole Hinu~es May 27, 2003
Normally invoicing the City on a quarterly basis, King County has not yet prepared/sen~ an invoice for
2003, as there has been no decision on the City's acceptance of the newly proposed rate. Noteworthy,
animal control calls for service rose to 21,000 in 2002.
Alter discussion and review of= the item at the Finance and Safeb/ committee, members proposed
agreement to the Increased rate for six months of 2003, from .3uly :t - December 31. in those six
months, It Is proposed the City would assess whether or not the service warrants extra patrol hours
(beyond the 12 In the agreement).
Discussion ensued with most agreeing on the need for a greater degree of accountebillty from the
County. Currently, the City receives a monthly calendar which shows the number of hours worked per
week~ etc. with no notation as to detail on types of calls, areas pabolled, or services performed. Said
items are sought to be Included in a refined invoice from King County. Additionally, Council spoke in
favor of receiving a "schedule In advance" of service Informing staff/Council when particular areas will be
patrolled, etc.
Coundlmembers agreed the proposed l[nterlocal services agreement does not meet the needs of the City
and requires additional work. Mayor Mullet ~eported staff would conUnue to refine the proposed
Znterlocal agreement and return to Council when It has been completed.
a. Mayor
Mayor Mullet reported recent attendance taa Puget Sound Regional Council Executive Board meeting
as well as a Lodging Tax Advisory Board meeting. Additionally, he reported attendance to a regular,
monthly meeting with Senator 3ulla Patterson.
b. City Council
Coundlmember Duffle attended the entertainment portion of the Bahama Breeze ribbon-cutting
ceremony and the Memorlal Day celebration at Tukwlla's Fluseum of Flight. Rnally, Mr. Duffle reported
attendance to this evenings Tukwila School Board meeting wherein the Sister Cities Committee made a
presentation on thelr recent trip to [kawa, 3apan. Mr. Duffle returned to the Council meeting wearing
a~re from ][kawa.
Ceuncilmember I~ernandez attended the May 21 Tukwila Urban Design workshop; the ribbon-cutting
ceremony at the Bahama Breeze, and the Memorial Day celebration at Tukwlla's Museum of Flight.
Flnallyt Ns. Hemandez reported on the death of Shirley Thompson's second husband. Married In
3anuary, 2003, Ms. Thompson Is SeaTads forme~r Hayer and a leader In the community.
Council President Carter reported a written report was distribu~r~l (earlier) on a recent SCATBd
meeting. She reported attendance to a Sound Transit Open House and a Lodging Tax Advisory Board
meeting.
Councllmember Haggerton reported attendance to a Nay 2;1. funeral for David Sabey's father, and a
subsequent workshop on the Tukwlla Urban Center; the ribbon-cutting ceremony for the Bahama Breeze;
a Sound TransE Open House and a Cascade Water Alliance Board of Directors meeting.
Councilmember Llnder reported attendance to a Sound Transit Open House.
Councllmember Fenton attended a recent Apartment Manager's Ne[work meeting.
Councllmember Simpson reported attendance to the Hemortal Day Celebration at Tu~Nlla's Fluseum
of Flight and noted Hr. Duffle appeared in uniform for the event. Mr. Simpson also attended this
evening's Transportation Committee meeting.