HomeMy WebLinkAboutFS 2007-02-05 Item 2A - Interlocal Agreement - Animal Control Services with King County
MEMORANDUM
TO:
Finance and Safety Committee
Mayor's Officep [}f?
January 25, 200t;
FROM:
DATE:
SUBJECT:
Interlocal Services Agreement
King County Animal Services and Programs
Attached for committee review is an amendment to the interlocal agreement between the
City of Tukwila and King County regarding animal control services and programs.
The amendment terminates provisions of the August 2003 amendment for supplemental
animal control service. That amendment provided for 12 hours per calendar week of
additional animal control officer work. The new amendment provides for animal control
services in the form of an additional animal control officer dedicated to the City for
special emphasis.
Staff requests that the committee review the draft interlocal and forward to COW for
consideration.
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rnTERLOCALSERTICESAGREEMENT-~ffiND~ffiNT
Between the City of Tukwila and
King County Regarding Animal Services and Programs
This is an Amendment to the standing Interlocal Agreement between the City of Tukwila and
King County. The Amendment is for supplemental animal control services 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 entered into an Interlocal Agreement dated December 15,
1993 ("Interlocal Agreement") relating to the provision of animal control services within the
City; and
"'HEREAS, the City and County wish to amend the Interlocal Agreement to enable the County
to provide the City with additional animal control services;
NO'V, in consideration of mutual covenants, the City and County hereby agree to amend the
Interlocal Agreement as follows:
Section 1. Service Obligation.
A. The County shall provide supplemental animal control services in the form of an
additional animal control officer dedicated to the City for special emphasis on, but
not limited to, off-leash violations, barking dog complaints, potentially dangerous
dogs, and to provide special presentations at community events such as the
Backyard Wildlife Habitat Fair and Tub-vila Days. The scheduling of these
supplemental services will be determined by mutual agreement of the contract
administrators ofthis Amendment.
B. The additional animal control officer will be stationed within the City limits to
respond to specific calls for service, perform routine patrols, communicate with
the contract administrator, and handle other related tasks as agreed to by the
contract administrators oftrus Amendment.
C. The County shall provide the City with a general monthly calendar of scheduled
services in Tukwila, and a quarterly report of the supplemental hours worked and
services performed.
Section 2. Compensation. In consideration for the supplemental services provided by
the County as set forth herein, the City agrees to pay the County for the hours of animal control
officer work at the rate of $30/hour, not to exceed a year.
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Section 3. Contract Administrators. For purposes of these supplemental services, the
contract administrators shall be the City Administrator or a designee and the King County
Animal Services and Programs Manager or designee.
Section 4. Other Portions of the Agreement Unaffected. Except as specifically stated
herein, all other portions of the Interlocal Agreement shall remain in place and are unaffected by
this Amendment.
Section 5. Previous Amendments. All prevIOus amendments to the Interlocal
Agreement are terminated.
Section 6. Termination of Supplemental Services. With or without cause, the County
or City may revert back to the original terms of the Interlocal Agreement by providing thirty
days written notice to the other party of termination of these supplemental services.
Section 7. No Third Party Beneficiaries. The Interlocal Agreement and this
Amendment have been entered into for the sole benefit of the City and County. Nothing in the
Interlocal Agreement or this Amendment is intended to create any rights for or obligations owing
to third parties.
Section 8. Effective Date. This Amendment shall be effective upon the date last signed
below.
IN WITNESS WHEREOF, the parties have executed this agreement.
CITY OF TUKWILA
KING COUNTY
Ron Sims
King County Executive
Date:
Steven M. Mullet
Mayor
Date:
Approved as to form:
Approved as to form:
Deputy Prosecuting Attorney Date:
City Attorney
Date:
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INTERLOCAL SERVICES AGREEMENT -- AMENDMENT
City of Tukwila and King County
Animal Control Services
This is an Amendment to the Interlocal Agreement entered into in 1994 for
supplemental animal control services 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 of Tukwila (City) and Metropolitan King County (County)
entered into an Interlocal agreement relating to animal control in late 1993; and
WHEREAS, Tukwila has received supplemental service for animal control patrol
since 1994; and
WHEREAS, a change'in the compensation level in 2003 has resulted in the City
adding some accountability requirements;
NOW THEREFORE, in consideration of mutual covenants, the City and County
hereby agree to amend the Interlocal Agreement as follows:
Section 1. Service Obligations.
A. The County shall provide'supplemental animal control service in the form of
an additional 625 hours annually of animal control officer work. These hours will be
provided on an average of 12 hours per calendar week. Scheduling of the hours will be
determined by mutual agreement of the contract administrators for this supplemental
service.
B. The animal control officer will be stationed within the City limits to respond
to specific calls for service, perform routine patrot keep in touch with Tukwila City Hall
officials fu""1d other tasks as agreed to by the contract administrators of this supplemental
service.
C. The City requests a general monthly calendar of scheduled service (morning,
afternoon or evening) in Tukwila, and a quarterly report of the types of services
offered! performed, including Tukwila areas or neighborhoods where dogs have bitten,
or have been removed as dogs prohibited by animal control from being kept in the City.
D. Animal control will provide animal control officers' pager numbers in order
for the City to be able to easily contact the animal control officers in Tukwila when they
are on duty in the City. When the officers are not on duty, City officials should be given
a method of reaching animal control officers without difficulty. .
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Animal Control Services Agreement Amendment 8/15/03
ORIGINAL
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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 $28.75jhour betvveen January 1,2003 and June 30,
2003; after that date the City of Tukwila agrees to pay $60.00jhour, provided that the
rates per hour may be reviewedj updated each budget year. The hourly rate includes all
operations and maintenance costs required to support the animal control officer.
Section 3. Contract Administrators. For purposes of these supplemental services,
the contract administrators shall be the City Administrator or a designee and the
Director of King County Animal Control or a designee.
Section 4. Effective Date. This amendment shall supercede the amendment
passed and made effective June 15, 1994 and shall be effective July 1, 2003 upon
approval by signatures below.
IN WITNESS WHEREOF, the parties have executed this agreement.
CITY OF TUKWILA
~V<1-") N")tY)~d-
Mayor
METROPOLITAN KING COUNTY
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Date ~<KingCountyExecuti~W: IB:m C. Date
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Li.o:ns:ing 8=rv:i.o2s
Approved as to form:
Approved as to form:
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City Attorney
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Date Deputy Prosecuting Attorney
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Animal Control Services Agreement Amendment 8/15/03
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King County
Records, Elections and
Licensing Services Division
Department of Executive Services
King County Administration Building
500 Fourth Avenue, Room 553
Seattle, WA 98104-2337
206-296-1540
206-296-0108 Fax
711 TTY Relay
August 13,2004
Jane Cantu
Office of the City Clerk
City of Tukwila
6200 Southcenter Boulevard
Tukwila, W A 98188
RE: Interlocal Services Agreement Amendment
Dear Ms. Cantu:
Enclosed is a signed copy of the amended Interlocal Services Agreement between City of
Tukwila and King County for supplemental animal control services. This agreement was signed
by Tukwila in August 2003, and we failed to return a signed copy to you. We apologize for the
oversight.
If you have any questions about our agreement or services, please contact Walt Washington,
Interim Manager, Animal Services and Programs.
Sincerely,
~O~~
Terry A Denend
Assistant Director
Enclosure
cc: Lucy Lauterbach, Legislative Analyst, City ofTukwila
Walt Washington, Interim Manager, King County Animal Services and Programs
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AMENDMENT TO THE ANIMAL CONTROL AGREEMENT '/{~ tfo,; ~ /
BETWEEN THE CITY OF TUKWILA AND KING COUNT / - 0 ~~
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 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. 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 ofticer.
The County will invoice the City quarterly. Payments are due within 30 days
after invoicing by the County.
3. Contract Administrators. 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. Effective date. 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.
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King County E
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Interlocal Agreement Between
King County and the City of Tukwila
Relating to Animal Control
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Thj..s AGREEMENT. entered into this /5 -:: day of
(I ~~~~~ ,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. 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 Contrp~as
set forth in the City Ordinance Number /fJl2;
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
substantially similar to Title 11 King County Code
as now or hereafter amended. For the purpose of
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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 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. 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
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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
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:
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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
complaints, service requests and general
information on animal control services is
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Chief of King County Animal Control;
citizen
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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 Adm~nistration .shall be the final and
conclusive in all respects between parties hereto.
7. Indemniftcation:
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
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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 suc~ 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
rendere~against the County, .and its offices,
agents, and employees, or any of them, or jointly
aga~nsb 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 ord~nance, 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-Discrimination: The County certifies that it is an
Equal Opportunity Employer and has developed and
implemented an Affirmative Action Program in accordance
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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
City of Tukwila
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