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HomeMy WebLinkAboutCOW 2003-05-27 Item 4D - Interlocal Agreement - King County Animal Control (Pet License)ITEM INFORMATION CAS Number: 03-073 Original Agenda Date: 5/27/03 Agenda Item Title: Interlocal Agreement for Animal Control Services Original Sponsor: Timeline: Sponsor's Summary: Recommendations: Sponsor: Committee: Administration: Cost Impact (if knnyml: Fund Source (if known) Meeting Date 5/27/03 Meeting Date 5/27/03 COUNCIL AGENDA SYNOPSIS Meeting Date 5/27/03 Council x Admin. X Initials Prepared by !Mayor's review) Council review 1 I I f I I I I I I Discuss having Tukwila patrol by animal control services in Tukwila at the new $60 /hour rate. If you agree to the continued service, recommend interlocal agreement to a Regular Meeting. Recommend interlocal for adoption Finance and Safety recommended interlocal Same as sponsor $18,720 in 2003 Add;t4n•I General fund 000, o3. 5 100 P 30 RECORD OF COUNCIL ACTION Action APPENDICES Attachments Memo from Lucy Lauterbach dated May 22, 2003 Interlocal agreement and amendment 2002 Statistics Finance and Safety Committee minutes May 5, May 19 ITEM No. 4 To: City Council From: Lucy Lauterbach Date: May 22, 2003 Subject: Animal Control Interlocal Agreement Since 1994 Tukwila has had an interlocal agreement with King County Animal Control (KCAC) for extra animal control patrols here. For many years the agreement has been for twelve hours of patrol, at the rate set in 1994, which is $28.75 /hour. Tukwila is now the only south end city that contracts for additional patrols. King County has tried since winter to raise the hourly rate of Tukwila's patrol to its current cost of $60/hour. Normally they invoice the city quarterly, but have not yet sent an invoice this year, because they've been trying to negotiate the new, higher rate. Finance and Safety discussed this issue, and looked at the most current records (2002) for hours of patrol and for types of calls in Tukwila. The consensus of staff and the Committee members was that the accountability of animal control was not adequate, and that they have not been seen to be on patrol in Tukwila in the past six to twelve months. In past years we often saw the truck at City Hall, and talked often to Pam McClaren. With Pam's absences from work last year, we saw the patrol trucks less often here. That has not changed since then. Animal Control calls for service rose to 21,000 last year, which may explain why we've seen less of our officers. Several solutions to the current issues were proposed. First, there is a phone number for anyone with an immediate pet problem to bypass the telephone tree at Animal Control. The phone number is (206) 296 -7287 (296 -PETS) and next dial 24, to avoid the endless messages. That will put you in touch with an operator. The Committee also wanted better information about when officers would be on patrol in Tukwila. Calendars showing morning or afternoon patrols are being requested. Dennis Robertson suggested detailed information about Tukwila calls for service should be reviewed monthly. We will request that patrols be more visible to City Hall and citizens with the new contract. Another issue Tukwila has is the hours worked and billed for patrol here. Ben Liefer, manager of Animal Control, said he has spoken to staff about the excessive hours purportedly spent here on patrol over the twelve hours per week. Invoices show we have been billed for greater than twelve hours, so we will re- emphasize the restraint needed to limit our extra service to twelve hours. The Finance Committee's resolution was to agree to the higher $60 rate for six months of 2003, from July 1- December 31. In those six months we will assess whether the service warrants the extra patrol. A draft of the interlocal agreement amendment is included here for your review. 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 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) for the months of January -June. 2003. Beeinnine July 1, 2003, the rate will rise to sixty dollars (560.001 per hour for twelve hours /week, provided that the rates per hour will 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 King County Executive City Manager Date Date Approved as to Form Approved as to Form King County Deputy City Attorney Prosecuting Attorney Date Date 7 Interlocal Agreement Between King County and the City of Tukwila Relating to Animal Control This AGREEMENT entered into this /5 day of 1 Lam' 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. Ahligatinn5• 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 Contro as set forth in the City Ordinance Number /y,3 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 snh tantially 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; 1.6 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 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 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 charged against animals. 3. Time of Perfnrmanre• 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. Modifiratinns• 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 2 agreement shall be in writing, signed by both parties, and affixed to this original agreement. 5. To"miratinn• 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 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. rtntnal rnoananrs: 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.turposes 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 Admxnistration.shall be the final and conclusive in all respects between parties hereto. 7. JndPmnifi•ratinn• 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 3 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 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 renderediagainst 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 attorneys fees. 8. Aud}ra and Tnspectlnns• 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. Nnn -nis"i ro nvr4 nn,: The County certifies that it is an Equal Opportunity Employer and has developed and implemented an Affirmative Action Program in accordance 4 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 King C unty'L>xecutive Date Approved as to Form g County epu�y Pro ecuting Attorney Date interac.doc (interl) City of Tukwila fr /0-/C-93 Date Approved as to Form City Attorney Date re con- 3' l'jn o/' G BETWEEN THE CITY OF TUKWILA AND KING COUNT AMENDMENT TO THE ANIMAL CONTROL AGREEMENT This is an amendment to the Interlocal Agreement between the City of Tukwila, a municipal corporation of the State cf 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 SPrvinea. 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 this 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. Cnmpensatinn. 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 officer. The County will invoice the City quarterly. Payments are due within 30 days after invoicing by the County. 3 rnnrrar•t Arinminisrrarnrs. 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 inform the other of its contract administrator by June 17, 1994. 4 fffnrtiva darn This amendment 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. ITY F TUKWIL yor proved as to form: City' Attorney foacagr2.doc (int) KING CO NTY 1 r Kind' County E i; utive App:ove&as to :form: 4'7'*k w l;Z"^•„ Deputy Prosecuting Attorney 01/14/2003 13:21 2062050043 TYPE OF SERVICES UNITS JULY AUGUST SEPTEMBER TOTAL Stray dog P/U 2 2 4 8 Stray Cat PM 0 0 I 1 Deceased Cat P/U 5 2 0 7 Deceased Other Animal PN 1 3 2 6 Police Dept Assist 0 0 1 1 Injured Animal 0 1 1 2 License Sale 1 1 2 4 COMPLAINT UNITS Cruelty 4 1 1 6 Vicious 2 3 2 7 Sire 1 1 1 3 Barking 1 0 0 1 Trespassing 1 2 4 7 TOTALS TIME Time Scheduled Time Actual Prepared by: KING COUNTY ANIMAL CONTROL TUKWILA ENHANCED SERVICES 3 QUARTER 2002 SERVICES REPORT Sgt David A. Morris, KCAC 18 16 19 53 87:00 88:00 79:59 71:00 KC ANIMAL CONTROL PAGE 03 86 :00 261:00 68:54 219:53 ar PAID 01/14/2002 12 :21 2062058043 TYPE OF SERVICES UNITS OCTOBER NOVEMBER DECEMBER TOTAL Stray Dog P/U 6 2 2 10 Stray Cat P/U 4 2 1 7 Owners Release Dog 0 1 0 1 Stray Other Animal P/U 0 1 0 1 Deceased Cat Pal 2 I 2 5 Deceased Other Animal P/U 2 1 0 3 Deceased Wild Animal P/U 0 0 1 1 License Sale 6 10 10 26 COMPLAINT UNITS Cruelty 1 2 4 7 Vicious 2 0 1 3 Barking 0 0 3 3 Trespassing 1 1 0 2 TOTALS TIME Time Scheduled 87:00 87:00 87:00 261:00 Time Actual 77 :53 75:01 90:47 243:41 Prepared by: KING COUNTY ANIMAL CONTROL TUKWILA ENHANCED SERVICES 4 QUARTER 2002 SERVICES REPORT Sgt David A. Morris KCAC KC ANIMAL CONTROL PAGE 07 24 21 24 69 P4 ,0 Loa 51:b I£ 0£ 6Z Aftirioti tow 0 2 81 12 9Z SZ VZ £Z ZZ ov 5i.! 0 55:1 LS;C Lc.:1 'WI I 'vat zs: b Lj 91 SI [Z 0Z 61 8t 21:17 bt :Z i' z 0E:z ow AyoZ PI £i Zj 11 OI 6 8 H �V_t CZ:Z OZ:� 01:€ 5V:1 r 9 S b u toss L P ans x m pi ma L ott I xaq.ivaoaa Finance and Safety Committee May 5, 2003 Present: Joe Duffle, Chair; Joan Hernandez, Richard Simpson Keith Haines, Nick Olivas, Bob Noe, Alan Doerschel, Rhonda Berry, Lucy Lauterbach, Jim Morrow, Viki Jessop 1. Ordinance Creating Emergency Management Organization State law dictates that Tukwila adopt an emergency operations plan, and Jim has many of the pieces needed to do so already. Though Tukwila has a current plan, it is out of date and does not meet the state law. One of the things being added is an incident command structure, with provisions for replacement of key figures needed in any emergency. Each department will have duties and staff assigned for an emergency. The Public Works Director will be the Director of Emergency Services. Jim M said and Nick underscored the importance of joining the King County Regional Emergency Operations group. Joan asked about mutual aid but was told that although there is a plan for that, in a regional disaster, there won't be too much mutual aid. Recommend ordinance to COW and Council. 2. Mutual Aid and Mobilization Plan Keith presented a plan for a Police Emergency Mutual Aid and Mobilization. He said it was modeled on the Fire Department's plan. This is a statewide program to promote mutual aid among cities throughout the whole state. All cities are considering this now and the Washington Sate Association of Sheriffs and Police Chiefs hopes to have it adopted by cities by June. This will be included in the larger city emergency plan. One of the provisions is to have a Public Information Officer (P10) who would coordinate public information going out to the community and region. Another thing it would do is allow Tukwila or another suburban police officer called in to help in a Seattle disturbance, the ability to arrest a Seattle resident while they are assisting Seattle in a police response. Joan asked about funding, and the importance of homeland defense funds. Nick said the King County group will be getting some homeland defense money, which is one good reason to belong. Recommend Plan adoption to COW and Council. 3. King County Animal Control King County has sent a draft interlocal agreement for additional animal control services for Tukwila. Last fall they told the City the rate for this special service was increasing from $28 /hour, which it has been since 1994, to $60/hour, which is the current cost of the service. They would like that rate to be retroactive to the first of the year, as we have presumably been getting 12 hours of service per week. The committee questioned whether the city has received all 12 hours per week for the past four months. Several people who are out in the community regularly have not been seeing the trucks as they once did. The committee asked to have some assurances that the service was being received if they did decide to pay the higher rate. They asked for a schedule possibly including mornings or afternoons when the extra service would be, and some accounting to assure the officers are spending time in Tukwila. The committee also asked for a summary of the calls from Tukwila when KC is responding to a request for help. Joe wanted to know how many citations were given in Tukwila. Though $30,000 is budgeted in 2003, the amount would be doubled for the rest of the year once the interlocal is signed. For a whole year the addition would be $37,000, but it will actually be less since the committee recommended not paying the higher rate before the contract is signed. The committee also wanted an easier way to get hold of animal control. Rhonda and Lucy will work with Animal Control before the next meeting. Reschedule. Finance and Safety Committee May 19, 2003 Present: Joe Duffle, Chair; Jim Haggerton, Richard Simpson Rhonda Berry, Alan Doerschel. Lucy Lauterbach 1. V -Net Fiscal Agent Since last year Tukwila has been handling the finances of the Valley Narcotics Enforcement Team (V -Net), which is made up of officers from Tukwila, Auburn, Renton, Kent, the State Patrol, and King County. Tukwila is the last jurisdiction to handle the finances. The other cities have done it for from two to four years each. Alan said he was happy to do it, and the City gets some payments for being the fiscal agent, as well. Recommend motion to continue as fiscal agent for V- Net to Regular Meeting. 2. General Fund Budget Changes 2003 There have been four unbudgeted projects this year: contract for Ball Janik, additional money for connectivity line to the pool, the GIS survey of north Tukwila for pipe locations, and the Waldron firm's search for a new city administrator. The changes add up to just over $300,000. The GIS survey will be paid for by putting off other surface water projects to be done later in the schedule. If ACC is added, it would go on top of these costs. Jim asked if the City could afford $50,000 for ACC. Alan said there are two ways of looking at it: on one hand, the city can't afford for money to disappear from the Planning Model. On the other hand, if it is something the city really wants, the money should be spent. The only caveat is that money spent today will not be available tomorrow. Alan is working on the bond for the bridge, Tuk Village, and Golf Course. He said he may need to move some bond funding to streets and elsewhere to get non -taxed bonds, which Tuk Village bonds would not be. Non -taxed bonds have lower rates than taxable bonds. Jim also asked about budget changes made during the year. Alan said he gathers all of those together in November, and the Council amends the budget to accommodate those amendments. Information. 3. Banking Services Contract Tukwila uses one local bank for checking, credit cards, and to hold our excess cash. Banks are anxious to be cities' bank, and they all compete to try to get a city's business. Once again, U.S. Bank has won the contract. Alan said his staff has enjoyed working with the bank, and they have a very good working relationship. The agreement will be for two years, with two one -year extensions. Recommend mavor's signature on Agreement to COW. If 4. Animal Control Interlocal At their last meeting, committee members had questions about the animal control services; how much they had been working in Tukwila recently, and what kinds of calls they answered here. No one had seen the trucks as much as they once had. The only information the city had was from the last invoice animal control submitted in January, 2003. They had given the monthly total hours worked in the city, and those hours were higher than the 12 hours assigned. That also means the City's bills were higher than anticipated. We have not been billed this year yet, as the County has been trying to negotiate the higher rate for services. After discussion, the committee agreed that they wanted more accountability than they have gotten in the past, and they will pay the $60/hour rate for 12 hours /week from July 1- December 31 this year. After those six months are up, the City will evaluate whether the additional service was worth the cost. Recommend interlocal agreement to COW. `..0 Committee chair approval