HomeMy WebLinkAboutITEM V-A
DRAFr
i Anurial Services Interlocal_ Agreement ~
2 Draft dated 5-13-10
3
4
5.'This AGREEMENT: is made and entered into this lst day of July, 2010, 6y and befween
6`KING COUNTY, a Washington municipal corporation and legal subdivision of the State of t~
7 Washington (the "County") and the City of , a Washington
°8 municipal corporation (the''City"). '
9
10 WHEREAS, the provision of animal control; sheltering and licensing services protects
11 public health and safety and promotes animal welfare; and
12
13 WHEREAS, providing such services on a regional basis allows for enhanced eoordination
14 and tracking of regional public and animal health issues,* consistency of regulatory
15 . approach across jurisdictional boundaries, economies of scale, and ease of system access
16 for the public; and
17
18 WHERBAS, the City pursuant to the Interlocal Cooperation Act (RCW Chapter 39.34), is
19 authorized and desires to contract with the County for the performance of Animal 20 Services, and
21 .
22 WHEREAS, the County is authorized by the Interlocal Cooperation Act, Section 120 of the.
23 King County Charter and King County Code 11.02.030 to render such services and is
24 : willing to render such services on the terms and conditions hereinafter set forth; and
25
26 WHEREAS, the County is offering a similar form of Animal Services Interlocal Agreement
27 to all cities in King Gounty other than the City of Seattle, and has received a statement of
28 intent to sign sucll agreement from all Cities listed in Exhibit Gl to this Agreement;
29
30 NOW THEREFORE, in consideration of the promises, covenants and agreements
31 contairied in this Agreement, the parties agree as follows:
32
33 1. Definitions.. Unless the context clearly shows another usage is intended, the
34 following terms shall have these meanings in this Agreement:
35 a. "Agreement" means this Animal Services Interlocal Agreement between the
36 Parties incorporating and any and all Exhibits hereto, unless the context
37 clearly indicafes an intent to reference all such Agreements by and between
38 the Contracting Parties.
39 b. "Anurial Services" means Control Services, Shelter Services and Licensing
40 Services combined, as these services are described in Exhibit A.
Draft Dated 5-13-10 1
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1 c. "Enhanced Control Services" are additional Control Services that the City
2 may purchase under certain terms and conditions as described in Exhibit E
3 (the "Enhance Control Services Contract").
4 d. "Contracting Cities" means all cities that areparties to an Animal Serviees
5 Interlocal Agreement that has gone into effect as of July 1, 2010, per Section,
6 :A.. 15.
7 e. "Parkies" means the City and the County.
8 f. "Contracting Parties" means all Contracting Cities and the County. ,
9 g. "Estimated Payment" means the amount the City is estimated to owe to the
10 County for the provision of Animal Sexvices over a six month period per the
11 formulas set forth in Exhibit C. The Estimated Payment calculation may
12 result in a credit to the City payable by the County.
13 h. "Preluninary Estimated 2010 Payment" means the preliminary estimate of.
14 the amount that will be owed by (or payable to) each Contracting Party on
15 January 15, 2011, as shown on Exhibit G1. .
16 i. "Final Estunated 2010 Payment" means the amount finally determined and
17 owed by each Confracting Party, on January 15, 2011, based on the number
18 of Contracting Cides with respect to which the Agreement .goes into effect
19 per Section15.
20 j. "Control District" means one of the four geographic areas delineated iri ,
21 Exhibit B for the provision of Animal Control Services.
22 k. "Reconciliation Adjustment Amount" means the amount payable each
23 August 15 (commencing 2011) by either, the City or Counfy as determined
24 per the reconciliation process deseribed in Exhibit D in order to reconcile the
25 Estimated Payments made for fihe prior Service Year as compared to actual
26 cost, revenue and usage data for such.Service Year, so that Cities pay for
27 Animal Services based on actual (rather than estimated) data.
28 1. "Service Year" means the calendar year in which Animal Services are or
29 were provided; provided that in 2010, the Service Year is the period from July
30 l, 2010 -.December 31, 2010. . ,
31
32 2. Services Provided. The County will provide the City with Animal Services
- 33 described in Exhibit A. The County will perform these seryices consistent with
34 governing City ordinances adopted in accordance with Section 3. In providing such
35 Animal Services consistent with Exhibit A, the County shall have sole discretion as
36 to the staffing assigned to receive and dispatch calls and shall be the sole judge as to
37 the most expeditious, efficient and effective manner of handling and responding to
38 calls for Animal Services. Except as set forth in Section 9(Indemnification and
39 Hold Harmless), services to be provided by the County pursuant to this Agreement
Draft Dated 5-13- ] 0 2
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1 do not include legal services, which shall be provided by the City at its own
2 expense.
3 a. Enhanced Control Services. The City may request Enhanced Control
4 Services by,completing and submitting Exrubit E to the County at any time
5during before August l, 2011. Enhanced Services will be provided subject to
6 the terms and:;:conditions described in Exhibit E. As further detailed in . -
7 Exhibit E, if a request for Enhaneed Control Service is made after the
8 cominencemenf of this Agreement; the County shall decide when and if the
- 9 service begins based on the necessity for and ability of the County to hire '
10 additional staff to provide the service, and the increment of service 11 requested.
12
13 3. City Obli a~ tions• 14 a. Animal Regulatorv Codes Adopted. The City shall promptly enact an
15 ordinance or resolution that includes license; late penalty, impound/
16 redemption and sheltering provisions that are substantially the same as
17 those of Title 11 King County Code as now in effeet or hereafter amended
18 (hereinafter "the City Ordinance").
19 b. Authorization to Act on Behalf o£ Cifv. The City authorizes the County to act
20 on its.behalf in undertaking the following:
21 i. Determining eligibility for and issuing licenses under the terms of the
22 City Ordinance, subject to the conditions set forth in such laws.
23 ii. Enforcing the terms of the City Ordinance; including the power to
24 issue enforcement notices and orders and to deny, suspend or revoke
25 licenses issued triereunder.
26 iii. Conducting administrative appeals of those County licensing
27 determinations made and enforcement actions taken on behalf of the
28 City. Such appeals shall be considered by the King County Board of
29 Appeals unless either the City or the County determines that the
30 particular matter should be heard by the City.
31 iv. Nothing in this Agreement is intended to divest the Ciry of authority
32 to independently undertake such enforcemenf actions as it deems
33 , appropriate to respond #o alleged violadons of City ordinances.
34 c. Cooperation and Licensing Sup,port. T'he City will assist the County in its
35 efforts to inform Cify residents regarding animal codes and regulations and
36 licensing requirements and will promote the licensing of pets by City
37 residents through various means as the City shall reasonably determine,
38 including but not limited to offering the sale of pet licen5es at City Hall,
39 mailing informatiori'to residents (using existing City communication
40 mechanisms such as utility bill inserts or community newsTetters) and
Draft.Dated 5-13-10 , 3
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1 posting a weblink to the County's animal licensing program on the City's
2 official website. The City will provide accurate and timely records regarding
3 all pet lieense sales processed by the City to the County; all proceeds of such
4 sales shall be remitted to the County by ttie.City on a quarterly basis (Apri11,.
5 July 1, October 1, January 1). ,
_ 6 .
7 4. Term. This Agreement take effect on July,l, 2010 and [if 2.5 year contract: unless
8 extended pursuant to Subparagraph 4.a below,] shall remain in effect for a term of
9 [insert City choice of term, e.g. two and one-half.years ending on December-31, 2012,
10 or six months ending:on December 31, 2010.] Notwithstanding anything.in this section
11 to the contrary, this Agreement shall remain in effect for only 60 days if the
12 Minimum Contracting Requirements in Secdon 15 (Terms to Implement
13 Agreement) are not met. The Agreement may not be terminated for convenience.
14 ,
15 a. [if 2.5 year contract] Extension of Term.
16 i. Automatic Extension of Agreement. This Agreement shall be 17 automatically extended for an additional two year term, ending on
18 December 31, 2014; provided that such an-automatic extension shall
19 not occur if any Contracting Party has provided a written Notice of
20 Intent to Not Automatically Extend as provided in subsection (u)
21 - below.
22 ii. Notice of Intent to Not Automadcally Extend. Any Party may chose to
23 not automatically extend its Agreement by providing a written notice
24 of such,intent to the other Party no later than May 1, 2012. The County
25 will include a written reminder of this May 1 deadline when
26 providing the City nodce. of its 2012 Estimated Payments per Section
27 5.
28 iii. Process for Agreed Extension.. Upon receiving or issuing a Notice of
29 Intent to Not Automatically Extend pursuant to subsection (ii), the
30 County shall arrange for the Contracting Parties to meet no later than
31 June 1, 2012, in order to confer on whether they wish to extend their
32 respective Agreements given revised costs and other implications
33 resulting from the potential reduced number of Contracting Parties.
34 Contracting Pardes wishing to extend their respective Agreements
35 through December 31, 2014 may mutually agree in writing to do so by
36 no later than July 1, 2012. Absent such an agreed extension, the
37 Agreement shall terminate on December 31, 2012.
38
39 5. Compensation: The County will develop an Estimated Payment calculation for
40 eaeh Service Year using the formulas described in Exhibit C, and shall transmit the
Draft Dated 5-13-10 4
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1 payment information to the City on the schedule described below. T'he Counfy will
2 also calculate and inform the City as to the Reconciliation Adjustment Amount on
3 or before June 30 of each year, as described in Section 6 below and Exhibit D. in
4 order to reconcile the Estimated Payments made by the City in the prior Service
5 Year. The City (or County; if applicable) will pay the Estimated Payment, and any
6 applicable Reconciliation Adjustrnent Amounts, as and when described as follows :.=M
7 (a list.of all payment-related notices and dates is included at Exhibit C-7):
8 a. Service Year`2010: Animal Sexvices Provided from Tuly 1 through December
9 31, 2010. On or before August 1, 2010; the County shall provide notice to
10 each Contracting Party of the Final'Estimated 2010 Payment schedule. The
11 Final Estimated 2010 Payment will be derived from the `Preliminary
12 Estimated 2010 Paymerit Amount set forth in Exhibit C-11 adjusted based on
13 the final number of Contracting Cities. The City shall pay the County the
14 Final Estimated 2010 `Payment on or before January 15;2011; provided that, if
15 the calculation of, the Final Estimated 2010 Payment shows the City is
16 entitled to receive a payment from the County; the County shall pay the City
17 the amount owing on or before such date. The Counfy will issue a notice of
18 the City's Reconeiliation Adjustrnent Amount for Service Year 2010 on or
19 before June 30, 2011. The Reconciliation Adjustrnent Amount shall be .
20 payable on or before August 15, 2011.
21 b. Service Years.after 2010.
22 i. Initial Estimate by August 1. , To assist the City with its budgeting
23 process, the County shall provide the City with a non-binding, _
24 preliminary estimate of the Estimated Payments for the upcoming
25 Service Year on or before each August 1.
26 ii. Estimated Payment Determined by December 15. The Estimated
27 Payment amounts for the upeoming Service Year will be determined
28 by the County following adoption of the County's budget and
29 applying the formulas in Exhibit C. The County will by December 15
30 provide written notice to all Contracting Parties of the schedule of
31 Estimated Payments for the upcoming Serviee Year.
32 iii. Estimated Pavments Due Each Tune 15 and December 15. The City
33 shall pay the County the Estimated Payment Amount per the
34 schedule of Esdmated Payment"provided by the County on.or before
35 each June 15 and December 15:. If the calculation of the Estimafed.
36 Payment shows the City is entitled to receive a payment from the
37 County, the County shall pay the City such amount on or before each
38 June 15 and `December .15.
Draft Dated 5-13-10 5
1 iv. The Reeonciliation Adjustment Amount for the prior Service Year
2 shall.be payable on or before August 15 of the following calendar
3 year, as described in Section 6. 4 v. If a Party fails to pay an Estimated Payment or Reconciliation
5 Adjustment Amount within 15 days of the date owed, the Party owed
6 shall notify the owing -Party which shallhave ten (10); days to cure.
7 non-payment. In the.event the Party fails to cure its nonpayment, the
8 amount owed shall accrue interest thereon at the rate of 1% per month
9 from and after the original due date and, in the event the nonpaying
10 Party is the City, the County at its sole discretion, may withhold
11 provision of Animal Services to the City until alI outstanding amounts
12 are paid. In the event the nonpaying:Party is the County; the City
13 may withhold future Estimated Payments until 'all outstanding
14 amounts are paid. Each Party may examine the other's books and
15 records to verify charges.
16 vi. Unless the Parties otherwise direct, payments shall be submitted to
17 the addresses noted at Section 14.h.
18 c. Pavment Obligation Survives Expiration or Termination of A&eement. The
19 obligation of the City (or as applicable, the County), to pay an Estimated
20 Payment Amount or Reconciliation Adjustrnent Amount for a Service Year
21 included in the terin of this Agreement shall survive the Expiration or
22 Termination of this Agreement. For example, if this Agreement terminates
23 on December 31, 2010, the Final Estimated 2010 Payment is nevertheless due
24 on or before January.l5, 2011, and the Reconciliation Adjustment Amount -
25 shall be payable on or before August 15; 2011.
26 d. The Parties agree the rate formulas deseribed in this Agreement (including
27 all Ezhibits) are fair and reasonable.
28
29 6. Reconciliation of Estimated Payments and. Actual Costs and Revenues. In order
30 that the Contracting Parties share costs of the regional Animal Services system
31 6ased on their acfual, rather than estimated, use of Animal Services, there will be an
32 annual reconciliation of aetual costs and usage. Specifically, on or before June 30 of
33 each year, the County will reconcile amounts owed under this Agreement for the
34 prior Service Year by comparing each Contracting Party's Estimated Payments to
35 the amount derived byrecalculating the formulas in Exhibit C using actual cost,
36 revenue, usage and population data for such Service Period as detailed in Exhibit
37 D., The County shall provide the results of the reconciliation to all Contracting
38 Parties in writing on or before June 30. The Reconciliation Adjustment Amount
39 shall be payable on August 15 of the then current year, regardless of the prior
40 termination of the Agreement as per Section 5.c.
Draft Dated 5-13-10 6
1 . .
2 7. Transitional Licensing Revenue Support Services. The County will provide
3 enhaneed licensing marketing services in 2010 as described in this section to the five
4 cities with the lowest per-capita sates of licensing revenue shown on Exhibit G5 5 (the "Licensing Revenue Support Cities"), but any such city shall receive these
6 services only if the effectiven-term (determined per Section 15) of ifs specific .
7 Agreement is for two- and one half years.
8 a. The marketing support services includes, on a"per unit" basis, 9 approximately $20,000 in County staff.. and materials support (which may 10 include use of volunteers or other in-kind support) and is estimated to ;
11 generate 1,250 new licenses (equivalent .to $30,000 approximately in licensing
' .12 revenue).
13 i. Licensing.Revenue Support Cities over 100,000 in population will each
14 receive two units of enhanced licensing marketing support.
15 ii. Licensing Revenue Support Cities less than 100,000 in populadon will
16 share in one unit of enhanced licensing marketing support. -
17 b. Receipt of a unit of licensing revenue support is subject to the receiving City
18 providing in-kind services, including but not_limited to: assisting in
19 communication with City residents; publicizing any canvassing efforts the
20 Parties have agreed should be implemented; assistance iri recruiting
21 canvassing staff, if applicable; and providing information to the County to 22 assist in targeting its canvassing activities, if applicable. ,
23
24 8. Mutual Covenants/Independent Contractor. Both Parties understand and agree
25 that the County is actirig hereunder as an independent contractor with the intended
26 following results:
27 a. Control of County, personnel, standards of performance, discipline, and all
28 other aspects of performance shall be governed entirely by the County;
29 b. All County persons rendering service hereunder shall be for all purposes
30 employees of the County, although they may from time to time act as
31 commissioned officers of. the City;
32 c. The County contact person for the City regarding citizen complaints, service
33 requests and gerieral information on animal control services is the Manager
34 of°Regional Animal Services. 35
36 9. Indemnification and Hold Harniless.
37 a. City Held Harmless. The County shall indemnify and hold harmless the City
38 and its officers, agents, and empioyees, or any of them from any and all
39 claims, actions, suits, liability, loss, costs, expenses, and damages of any
40 nature whatsoever, by any reason of or arising out of ariy negligent act or
Draft Dated 5-13-10 7
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1 omission of the County, its officers, agents, and employees, or any of them
2 relating to or arising out of performing services pursuant to this Agreement.
3 In the event that any such suit based upon sucfi a claim; action, loss, or
4 damages is brought against the City, the County shall defend the same at its
5 sole cost and expense; provided that the City reserves the right to participate
6 in said suif if any principle of governmental or public law is involved; and if
7 final judgment in said suit be rendered against the City, and its officers,
8 agents, and employees, or any of them, or jointly against the City and the
9 County and their respective officers, agents, and employees, or any of them,
10 the County shall satisfy the same. .
11 b. Counfy Held Harmless. The City shall indemnify and hold harmless the ,
12 County and its officers, agents, and employees, or any of them from any and
13 all claims, actions, suits, liability, loss, costs, expenses, and damages of any.
14 nature whatsoever, by any reason of or arising out of any negligent act or
15 omission of the City, its officers, agents, and employees, or any of them
16 relating to or arising out of performing services pursuant to this Agreement.
17 In the event that any suit based upon such a claim, action, loss, or damages is
18 brought against the County, the City shall defend the same at its sole cost
19 and expense; provided that the County reserves the right to participate in ,
20 said suit if any principle of governmental or public law is involved; and if
21 final judgment be rendered against the County, and its officers, agents, and
22 employees, or any of them, or jointly against the County and the City and
23 their respective officers, agents, and employees, or any of them, the City shall
24 satisfy the same.
25 c. tiiabili Related to City Ordinances, Policies, Rules and Regulations. In
26 executing this agreement, the County does not assume liability or
27 responsibility for or in any way release the City from any liability or
28 responsibility that arises in whole or in part as a result of the application of
29 City ordinances, policies, rules or regulations that are either in place at the
30 time this Agreement takes effect or differ from those of the County; or that
31 arise in whole or in part based upon any failure of the City to comply with
32 aPPlicable adoPtion requirements or Procedures. If anY cause, claim, suit
,
33 action or administrative proceeding is commenced in which the
34 enforceability and/or validity of any such City ordinance, policy, rule or
35 regulation is at issue, the City shall defend the same at its sole expense and, if
36 judgment is entered or damages are awarded against the City, the County, or
37 both, the City shall sahsfy the same, including all chargeable costs and
38 reasonable attorney's fees.
39 d. Waiver Under Washington Industrial Insurance Act. T'he foregoing
Draft Dated 5-13-10 8
1 indemnity is specifically intended to constitute a waiver of each party's 2 immunity_under Washington's Industrial Insurance Act, Chapter 51 RCW, as
3 respects the other party only, and only to the extent necessary to provide the .
4 indemnified party with a full and complete indemnity of claims made by fhe
5 indemnitor's employees. The parties acknowledge that these provisions were
6. specifically.negotiated and agreed upon by them. -
7
8 10. Dispute Resolution. Whenever any dispute arises between the Parties or between
9 the Contracting Parties under this Agreement which is not resolved by routine _
10 meetings or communications, the disputing parties agree to seek resolution of such
11 dispute in good faith by meeting, as soon as feasible. The meeting shall include the 12 Chief Executive Officer (or his/her designee).of each party involved in the dispute
13 and the Manager of the Regional Animal Services Program. If the parties do not
14 come to an agreement on the dispute, any party may pursue mediation through a
15 process to be mutually agreed to in good faith between the parties within 30 days,
16 which may include binding or nonbinding decisions or recommendations. The
17 mediator(s) shall be individuals skilled in the legal and business aspects of the .
18 subject matter of this Agreement. The parties to the dispute shall share equally the
19 costs of inediation and assume their own costs.
20
21 11. Joint City-County Committee and Collaborative Initiatives. A committee
22 composed of 3 county representatives (appointed by County) and one
23 representative from each City that has signed a like Agreement and chooses to
24 appoint a. representative shall meet not less than twice each;year. Committee
25 members may not be elected officials. The Committee shall review serviee issues,
26 and make recommendations regarding efficiencies and improvements to services
27 and shall review and make recommendations regarding the conduct and findings
28 of the collaborative initiatives identified below. Subcommittees to focus on
29 individual initiatives may be-formed, each of which shall include membership from
30 both county and city members of the Joint City-County Committee.
31 Recommendations of the Joint City-County Committee are non-binding. The
32 collaboratiye initiatives to be explored shall include:
33 a. Proposals to update animal services codes, including fees and penalties, as a
34 means to increase revenues and incentives for residents to license, retain, and
35 care for pets. 36 b. Exploring the practicability of engaging a private for-profit licensing system
37 operator. '
38 c. Pursuing linkages between County and private non-profit shelter and rescue
39 operations to maximize opportunities for pet adoption, reduction in
40 homeless pet population, and other effieiencies.
Draft Dated 5-13-10 9
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1 d. Promoting licensing through .joint marketing activities of cities and the
2 County, including recommending where the County's marketing efforts will
3 : be deployed each year.
4 e. Exploririg options for increasing'service delivery efficiencies across the
5 board. 6 f. Studying options for repair and/or replacement of the Kent Shelter.
7 g. Reviewing results of a compensation and classification study which the
8 County agrees to complete by July 1, 2011, benchmarking the County's
9 Animal Services staffing policies as compared to other publicly operated
10 animal services systems.
11 h. Review the results of the Counfy's calculation of the Reconciliation ,
12 Adjustment Amounts. 13 i. Reviewing preliminary proposed budgets for Animal Services.
14 j. Providing input into the formatting, content and details of periodic system
15 reports as per Section 12 of this Agreement.
16
17 12. Reporting. The Counfiy will provide the City with an electronic report not less
18 than twice each year summarizing call response and system usage data for the
19 Animal Services system. The formatting, content and details of the report will be
20 developed in consultation with the Joint City-County Committee.
21 .
22 13. Amendments. Ariy amendments to this Agreement must be in writing. This
23 Agreement may be amended upon approval of the County and at least two thirds
24 (66%) of the legislative bodies of all other Contracting Parties to this Agreement (in
25 both number and in the percentage of the prior fotal Estimated Paymenfs owing
26 from such Contracting Parties in the then current Service Year), evidenced by the
27 authorized signatures of such approving I'arties as of the effective ciate of the
28 amendment; provided thgt any amendment to this Agreement affecting the Party
29 contribution responsibilities, hold harmless and indemnification requirernents,
30 provisions regarding duration, termination or withdrawal, or the conditions of this
31 Section shall require eonsent of the legislative authorities of all Parties. -
32
33 14. General Provisions:
34 a. Other Facilities. The County reserves the right to contract with other shelfer ,
35 service providers for housing animals received from within the City or from
36 City residents, whose levels of service meet or exceed those at the County
37 shelter for purposes of addressing shelter overcrowding or developing other,
38 means to enhance the effectiveness, efficiency or capacity of the animal care
39 and sheltering system within King County.
Draft Dated 5-13-10 10
1 b. Severabilitv. The invalidity of any clause, sentence, paragraph, subdivision,
2 section or portion thereof, shall not affect the validity of the remaining
3 provisions of the Agreement.
4 c. Survivabilitv. Notwithstanding any provision in this Agreement to the.
5 contrary, the provisions of Section 9(Indemnification and Hold Harrnless) _
6 shall remain operative andrin full force and effect; regardless of the
7 withdrawal or termination of this Agreement:,
8 d. Waiver and Remedies. No term or provision of this Agreement shall be
9 deemed waived and no breach excused unless such waiver or consent shall
10 be iri writing and signed by the Party claimed to have waived or consented.
11 Failure to insist` upon full performance of any one or several occasions does
12 not constitute consent to or waiver of any later non-performance nor does
13 payment of a billing or continued performance after notice of a deficiency in
14 performance constitute an acquiescence thereto. TYie Parties are entitled to
15 all remedies in law or equity.
I6 e.. Grants: Both Parties shall cooperate and assist each other toward procuring
17 grants or financial assistance from.governmental agencies or private 18 benefactors for reduction of costs of operating and maintaining Animal.
19 Services programs and the care and treatment of animals in those programs.
20 f. Force Majeure. In the event either Party's performance of any of'the
- 21 provisions of this Agreement become impossible due to war, civil unrest, 22 and any natural event outside of the Party's reasonable control, including
23 fire, storm, flood earthquake or other act of nature, that party willbe excused .
24 from performing such obligations until such time as the Force 1Vlajeure event
25 has,ended and all facilities and operations have been repaired and/or
26 ~ restored.
27 g. Entire Agreement. This Agreement represenfs the entire understanding of
28 the Parties and supersedes any oral representations that are inconsistent with
29 or modify its terms and conditions.
30 h. Notices. Except as otrierwise provided in this, Agreement, any notice
31 required to be provided under the terms of this Agreement shall be delivered
32 by certified mail, return receipt requested or by personal service to the
33 following person:
34
35 For the City:
36
37
38 39 _
40
Draft Dated 5-13-10 11
1 For the County:
2
3 .
4
5
6
7 i. Assignment. No Party may sell, transfer or assign any of its rights or benefits
8 under this Agreement without the approval of the other Party.
9 j. Venue. The Venue for any action related to this Agreement shall be in
10 Superior Court in and for King County, Washington at Seattle.
11 k. Records., The records and documents with respect to all_matters covered by
12 this Agreement shall be subject to inspection, review by the County or City
13 during the term of this Agreement and six (6) years after termination hereof.
14 l. No Third Party Beneficiaries. This Agreement is for the benefit of the Parties
15 only, and no third party shall have any rights hereunder.
16 m. Counterparts. This Agreement and any amendments thereto, shall be
17 executed on behalf of each Party by its duly authorized representative and
18 pursuant to anappropriate motion, resolution or ordinance. The Agreement
19 may be executed ii1 any number of counterparts, each of which shall be an
20 original, but those counterparts will consdtute one and the same instrument.
21
22 15. Terms to Implement Agreement. Because it is unknown how many pardes will
23 ultimately approve the Agreement, and participation of each Contracting Party
24 impacts the costs of aIl other Contracting Parties, the Agreement will go into effect
25 for the full proposed [ insert as appropriate: six month or two and a half year] terxn
26 only if certain conditions are met as described in this section; provided further, that if
27 such conditions are not met, then the Agreement will go into effect for a 60-day
28 emergericy period as provided for below under subparagraph (d). This Agreement
29 shall go into effect on july 1, 2010, with respect to the City and the County only if
30 tYie Minimum Contracting Requirements of both Parties are met. The Minimum
31 Contractirig Requirements include:
32 a. For both the City and the County:
33 i. 2010 Paymenf Test: The Final Estimated 2010 Payment, calculated
34 including the County and all Cities that have executed the Agreement
35 prior to July 1, 2010 (regardless of whether such Coritracting Parties
36 have opted for a 6 month or 2.5 year initial term), does not exceed the
37 Preliminary Estimated 2010 Payment as set forth in Exhibit G1 by
38 more than five percent (5%) or $3,500, whichever is greater. Either
39 Party may waive its failure to meet this test in order to allow the
40 Agreement to go into effect for the 6 month term
Draft Dated 5-13-10 12
1 ii. Implied 2011Payment Test In addition, if the City has agreed to an
2 initial term of 2.5 years, the Final Estimated 2010 Paymerit, ealculated
3 including the County and those Cities that have similarly opted for an
4. Initial Term of 2.5 years, does not exceed the Preliminary Estimated
5 2010 Payment shown for the Party in Exhibit C-1(A) by more than
6 five. percent (5%) or $3,500; whichever is greater. Either Party may _
7 waive its failure" to meet this test in order to allow the Agreement to
8 go into effect for the 2.5 year term.
9 b. For the County: the Minunum Contiguity of Sexvice Condition must be
10 - met, such that the County is only obligated to enter in the Agreement if the
11 County will be providing Animal Services in areas contiguous to the City,
12 whether by reason of having an Agreement with another City` or due to the
13 fact that the City is contiguous to unincorporated areas (excluding
14 unincorporated. islands within the. City limits). The Minimum Contiguity of
15 Service Condition may be waived by the County in its sole discretion.
16 c. Term of Agreement Limited to Six Months if Implied 2011 Payment Test
17 Not Met If the County's Minimum Contiguity of Service Requirement is 18 met or waived by the County and the 2010 Payment Test with respect to both
19 Parties is met or waived, but the 2011 Test is not met for both Parties, then
20 the Agreement shall take effect for a term of only six months (expiring
21 Deeember 31, 2010).
22 d. Emergency. 60-day agreement. Notwithstanding the foregoing, if the 2010
23 Payment Test is not met, then regardless of whether the County's Minimum
24 Contiguity of Service Requirement is met, this Agreement shall go into effect -
25 on july 1, 2010, on an emergency basis for a period of 60-days, terminating
26 August 31, 2010. The City shall by January 15, 2010, pay the Fina1 Estimated
27 2010 Payment calculated in accordance with 5ection 6.a, pro-rated to reflect
28 the 2-month (rather than 6-month) term, provided further that there will be
29 no reconciliation of the Estimated Paymenfi amounts so paid.
30
31 [Note: it is possible the contract could go into effect for some, but not all
32 parties on a 2.5 year or 6 month basis]
33
34 16. Administration. This Agreement shall be administered by the County
35 or hisiher designee,
36 and by the City or
37 his/her designee.
38
39
40
Draft Dated 5-13=10 13
1 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be
2 executed effective as of July 1, 2010.
3
4 -
King County City of
Dow Constantine , King County Executive City Manager / Mayor.
Date Dafe
Approved as to Form: Approved as to Form:
King County City Attorney
Deputy Prosecuting Attorney
Date Date
5
Draft Dated 5-13-10 14
1 ~ List of Exhibits
2
3 Exhibit A: Animal Sexvices Description
4
5 Exhibit B: Control Services District Map Description
6 Exhibit B-1: Map of Control Service District, as initially applicable
7 Exhibit B-2: [if necessary] Map of Control Service Districts beginning
8 January 1, 2011
9 '
10 Eachibit C: Calculation of Esfimated Payments
11
12 Exhibit C-1: Preliminary Estimated 2010 Payment (Annualiied) (showing
13 partieipation only by those jurisdictions that have expressed interest as of May 26,
14 2010 in contracting for either 6 months or 2.5 years))
15 Exhibit C-1(A): "Implied 2011" Estimated Paymenfs for purposes of
16 Section 15.a.2 (2010 Estimated Pgyment (Annualized) showing
17 participation only of those jur.isdictions that indicated they are;seeking a 2.5
18 year Agreement-Aetual Estimgted 2011 Payments will be different, based
19 on adjustments for 2011 Budgeted Total Alloeable Costs, revised Revenue
20 estimates, and application of Budget Inflator Cap)
21
22 Exhibit G2: Population, Calls for Service, Shelter Use and Licensing
23 Data for Jurisdictions, Used to Derive the Preliminary and Final
24 Estimated 2010 Payment 25
,26 Exhibit G3: Calculation of Budgeted Total Allocable Animal Services
27 Costs, Budgeted Total Non-Licensing Revenue and Budget Net Allocable
28 Animal Services Costs for 2010
29
30 Exhibit C-4: Transition Credit, Resident Usage Credit and Impact
31 1Vlitigation Credit Calculation and Allocation
32
33 34 Exhibit C=5: Cities receiving Transitional Licensing Kevenue Support in
35 2010.
36 .
37 Exhibit C-6: Summary of CalculaHon Periods for Use and Population
_ 38 Components
39
40 Ezhibit C-7: Payment and Calculation Schedule
Draft Dated 5-13- 10 15
i ,
1 ,
2 Exhibit D: Reconciliation
3 4 Exhibit E(Optional): Enhanced Control Services Contract
~
Draft Dated 5-13-10 16
1 _ .
2 Exhibit A -
3 Animal Service Description
4
5 Part I:.Control Services ::.6 Control Services include the operation of a pubhc call center, the dispatch of animal.
7 control officers in response to calls, and the handling of calls in the field by. animaT control
8 officers, including the collection and delivery of animals to the Kent Shelter (or such other
9 shelters as the County may utilize in accordance with this Agreement).
10 1. Call Center
l 1 a. The County will operate an animal control call center Monday through
12 Friday every week, excluding holidays and County-designated furlough
13 days, if applicable) for a minimum of eight hours per day (normal business
14 hours). The County may adjust the days of the week the call'center operates
15 based on the final choice of Control Disfrict service days.
16 b. The animal control call center will provide callers with guidance, education,
17 options and alternative resources as possible/appropriate.
18 c. When the call center is not in operation, callers will hear a recorded message
19 referring them to 911 in case of emergency, or if the event is not an
20 emergency to either leave a message or call back during regular business
21 hours. .
22 2. Animal Control Officers
23 a. The County will divide the area receiving Confirol Services into Control
24 Districts. Each of the geographic Control Districts, as shown on Exhibit B
25 (MAP(S)) will be staffed with one Animal Control Officer (ACO) five
26 consecutive days-per-week (such days to be selected by the County) for not
27 less than eight hours per-day ("Regular ACO Service Hours"), subject to the 28 limitations provided in this Section. Except as t11e County may in its sole
29 discretion determine is necessary to protect officer safety,; Animal Control
30 Officers shail be available for responding to calls within their assigned
31 Control District and will not be generally available to respond to calls in
32 other Control Districts. [if necessary: Ezhibit-B-1 shows the map of Control
33 Districts for the period from July 1 through December 31, 2010; Exhibit B-2
34 shows the map of Control Districts for'the period after 2010.] The daily eight-
35 hour service period shall be determined by the County and shall start not
36 earlier than 7 a.m. and end not later than 7 p.m. Countywide, the County
37 will have a total of not less than 6 AnimaT Control Officers (Full-Time
38 Equivalent employees) on staff to maximize the ability of the County to staff
39 each Control District notwithstandirig vacation, sick-leave, and other
Draft Dated 5-13-10 17
1 absences, and to respond to high workload areas on a day-to-day basis.
2 While the Parties recognize that the County may at times not be able to staff
3 all Control Districts as proposed given unscheduled sick leave or vacancies,
4 the County will make its best efforts to minimize any such gaps in eoverage.
5 In the event extended absences among the 6 Animal Control Officers, the
6 County will;re-allocate remaining Animal Control Officers as practicable in 7 order to balance the hours of service available in each Control District:
8 ' b. Confrol District boundaries have been designed to balance work load;
9 correspond to jurisdictional boundaries and 'facilitate expedient
10 transportation access across each district. The County will provide for a
11 location for Animal Control vehicles to be stadoned overnight in both riorth
12 and south King County.
13 c. The County will use its best efforts to ensure that High Priority. Calls are
14 responded to by an Animal Control Officer on the day such call is received.
15 The County shall retain full discretion as to the order in which High Priority
16 calls are responded. High Priority Calls include those calls that pose an
17 emergent danger to the community, including:
18 1. Emergent animal bite,
19 2. Emergent vicious dog,
20 3. Emergent injured animal,
21 4: Police assist cails-(police office on scene requesting assistance 22 from an Animal Control Officer),
23 5. Emergent loose livestock or other loose or deceased animal that
24 poses a potential danger to the community, and
25 6. Emergent animal eruelty.
26 d. Lower priority calls include all calls that are not High Priority Calls. These
27 calls will be responded to by the call center staff over the telephone, referral
28 to other resources, or by dispatching of an AnimaT Control Officer as
29 necessary or available, all as determined necessary and appropriate in the
30 sole discretion of the County. Particularly in the busier seasons of. the year
31 (spring through fall), lower, priority calls may only receive a telephone
32 response from the Call Center. Lower Priority calls are non-emergent
33 requests for sexvice, including but not limited to:
34 1. Non-emergent high priority events, ,
35 2. Patrol request -(Animal Control Officer requested to patrol a
36 specific area due to possible code violations),
37 3. Trespass,
38 4. Stray Dog/Cat/other animal confined,
39 5. Barking Dog,
40 6. Leash Law Violation, Draft Dated 5-13-10 18
1 7. Deceased Animal,
2 8. Trap Request,
3 9. Femaie animal in season, and
4 10. Owner's Dog/Cat/other animal confined.
5 e. In addition to the Animal Control Officers serving specific districts, the
- 6 following Control Service resources willbe available on a shazed basis for all
7 Parties and shall be dispatched as deemed necessary;and appropriate by the
8 County. .
9 1. An animal control sergeant will provide oversighf of and back-
10 up for Animal Control Officers five days per week at leasf 8
11 hours/day (subject to vacation/sick leave/training/etc.).
12 2. An Animal. Cruelty Sergeant will be on staff at least 40 hours
13 per week to respond to animal cruelty cases and prepare
14 related reports (subject to vacation/sick leave/training/etc.).
15 3. Two Animal Control Officers will be on call every day at times
16 that are not Regular ACO Service Hours (including the two
17 days per week that are not ineluded within Regular ACO
18 Service Hours), to respond to High Priority Calls posing an
-
19 extreme life and safety danger, as, determined by the County.
20 f. The Parties understand that rural areas of the County will generally receive a
21 less rapid response time from ACOs than urban areas.
22 g. Cities may contract with King County for "Enhanced Control Services'
23 ; through, separate agreement (as set forth in Exhibit E).
24
25 Part II: . Shelter Services
26 , Shelter services include the general care, cleaning and nourishment, of owner-released,
27 los€ or stray dogs, cats and other animals. Such services shall be provided 7-days per
28 week, 365 days per year at the County's animal shelter- in.Kent (the "Shelter") or other
29 shelter locations utilized by the County, including _related services described in this
30 section: The County's Easfside Pet Adoption Center in the Crossroads area of Bellewe
31 will be closed to the public. _
32
33 1. Shelter Services
34 a. Services provided to animals will include enrichment, exercise, care and
35 feeding, and reasonable medical attention.
36 b. The Public Service Counter at the Shelter.will be open to the public not less
37 than 30 hours per week and not less than 5 days per week, excluding
38 holidays and County designated furlough days, for purposes of pet
39 redemption, adoption; license sales services and (as may be offered from
Draft Dated 5-13-10 19
1 time to time) pet surrenders. The shelter may be open for additional hours
2 if practicable within available resources.
3 c. The County will maintain a volunteer/foster. care coordinator at the Shelter
4 to encourage use of volunteers working at the shelter and use of foster
5 families to provide fostering/transitional care between shelter and
6 permanent homes for adoptable animals.
7 d. The County will maintain an animal placement specialist at the Shelter to
8 provide for and manage adoption events and other activities leading to the
9 placement of animals in appropriate homes.
10 e. One veterinarian and one veterinarian technician will be scheduled to work
11 at the Shelter six-days per week, during normal business hours. Veterinary
12 services provided include animal ezams, treatrnent and minor procedures,
13 spay/neuter and other surgeries. Limited emergency veterinary services
14 will be available in non-business hours, through third-party contracts, and
15 engaged if and when the County determines necessary.
16 f. Targeted ariimal operating capacity at the Shelter is 7,000 per year. The
17 County will take steps through its operating policies, codes, public fee
18 structures and partnerships to reduce the number of animals and their
19 length of stay in the Shelter, and may at times limit owner-surrenders and
20 field pick-ups; adjust fees and incentivize community-based solutions.
21 2. Other Shelter service"s 22 a. Dangerous animals will be confined as appropriate/necessary.
23 b. Disaster/emergency preparedness for animals will be coordinated
24 regionally through efforts of King County staff.
25 3. Shelter for Cities contracting with PAWS (Potentially including Shoreline, '
26 Bothell, WoodinvilTe, Lake Forest Park, Kenmore ("Northern Cities"). For so long
27 - as a NortYiern City has acontract in effect for sheltering dogs and cats with PAWS,
28 the County will not shelter dogs and cats picked up within the boundaries of such
29 City(s), except in emergent circumstances and when the PAWS Lynwood shelter is '
30 not available. Dogs and cats picked up by the Countywithin such City(s) will be
31 transferred by the County to the Progressive Animal Welfare Society (PAWS)
32 shelter in Lynnwood for shelter care, which will be provided and funded solely
33 through separate contracts between the Northern Cities and PAWS, and the County.
34 will refer residerits of that City to PAWS for sheltering services. 'The County wi1T
35 provide shelter services for animals other than dogs and cats t.Yiat are picked up
36 witYun the boundaries of Northern Cities contracting with PAWS on the same terms
37 and conditions thaf such shelter services are provided to other Contracting Parties.
38 Except as provided in this Section, the County is under no obligation to drop
39 animals picked up in any Contracting City at any shelter other than the County
40 shelter in Kent.
Draft Dated 5-13-10 20
1 4. .-County Contract with PAWS. Nothing in this Agreement is intended to preclude .
2 the Countyfrom contracting with PAWS'in Lynnwood to care for'animals taken in
3 by control officers in the Northern (#200) district of the County.
4 5. Service to Persons who are not Residents of Confracting Cities. The County will 5 not provide routine shelter services for animals brought in by persons who are not
6 residents of Confracting Cities, but may provide emergency medical care to such
. 7 animals, and may seek to recover the cost of such services from the pet owner
8 and/or the City in which the resident lives.
9
10 Part YII: Licensing Services
11 Licensing services include the operation and maintenance of a unified system to license
12 pets in Contracting Cities.
13 1. The public will be able fo purchase pet licenses in person at the County Licensing
14 Division public service counter in downtown Seattle (500 4th Avenue), King County
TS Community Service Centers and the Kent Ariimal Shelter during regular business
16 hours. The County will maintain on its website the capacity' for residents to
17 purchase pet licenses on-line. ,
18 2. The County will seek to engage and maintain a variety of private sector partners
19 (e.g. veterinary clinics, pet stores, grocery stores, city halls, apartment complexes) as
, 20 hosts for locations where licenses can be sold or promoted in addition to County
21 facilities.
22 - 3. The County will furnish licenses and application forms and other material"s to the
23 City for its use in selling licenses to the public at City facilities and at public events.
24 4. The County will publicize reminders and information about pet licensing from time
. 25 to time through inserts in county mailings to residents and on the County's public
26 television channeL
27 5. The County will annually mail at least one renewal form, reminder and late notice
28 (as applicable) to the last known addresses of all persons who purchased a City pet
29 licensed from the County within the previous year (using a rolling 12-month
30 calendar).
: 31 6. The County may make telephone reminder: calls in an effort to encourage pet
32 license renewals. 33 7. The County shall mail pet license tags or renewal notices as appropriate to
34 individuals who purchase new or renew their Cify pet licenses.
35 8. The County will maintain a database of pets owned, owners, addresses and
36 violaHons.
37 9. The County will provide.limited sales and marketing support in an effort to
38 maintain the existing licensing base and increase future license sales. The County
Draft Dated 5-13-10 21
1 reserves the right to determine the level of sales and: marketing support provided
2 from year to year in consultation with the Joint City-County Committee.
.
Draft Dated 5- I 3-10 ' 22
1 Exhibit B: Control Service District Map
2
3 `The attached map (Exhibit B-1) shows the boundaries of the 4 Control Service Districts as
4 established at the commencement of tYus Agreement. Exhibit B-2 shows the proposed
boundaries for the Control Service Districts to be established effective january 1, 2010.
;;-6. _
7 'Phe cities included in each Control District are as follows:
8
9
District #200 (Northern District) District #220 (Easterri District)
Shoreline Bellevue
Lake Forest Park 1Vlercer Island
Kenmore Hunts Point
Bothell (only through December 31, 2010) Yarrow Point
Woodinville Clyde Hill
Kirkland ' Town of Beaux Arts
Redmond Issaquah
Duvall Snoqualmie
Carnation North Bend
Sammamish -
District #240 (Western District) District #260 (Southern District)
Tukwila Auburn
SeaTac Covington
Kent, Maple Valley
Black Diamond
Enumclaw
10
11 The Districts shall each include portions of unincorporated King County as illustrated on
12 the Exhibits B=1 and B-2.
Draft Dated 5-13-10 23
.
1 - Exhibit B-1
2. The District Map, as initially applicable
3
4 Exhibit B-2
5 (if neeessary)
6 The District,Map- January 2011 and Beyond
7
.
Draft Dated 5-13-10 24
1 Exhibit C
2 Calculation of Estimated Payments 3
4 The Estimated Payxnent;is the amount, before reconciliation, owed bytlle City to the
5 County (or owed by the County to the City if the amount:calculated is less than $0) for the
6~.'•' proeision of six months of Animal Services, based on the formulas;` below._
7 .
8`In summary and subject, to the more detailed descriptions herein:
9
10 • Control Services costs are to be equally shared among the 4 geographic Control
11 Districts. Each Contracting Party locafed within a Control District is to be allocated
12 a share of Control District costs based 50% on the Party's relative share of total Calls
•13 for Service within the Control District and 50% on its relative share of total
14 population within the Control District.
15
16 • Shelter Services costs are to be allocated among all Contracting Parties based 50%
17 on their relative population and 50% on the total shelter intake of animals
18. 'attributable to eaeh Confracting Party, except that cities contracting for shelEer
19 services with PAWS will pay only a population-based charge and that charge will
20. be one-half the regular shelter services cost population component payable by other 21 - cities; and .
22,
23 Licensing Services eosts are to be allocated between all Contracting Parties, based
24 ~ 50% on their relative population and 50% on tlie number of licenses issued to 25 residents of each Confracting Party.
26
27 • Licensing revenue is to be attributed based on the residency of the individual
28 purchasing the license.
29
30 • Each Estimated Payment coverS fhe cost of six months of Animal Services.
31
32 • Three credits are applicable to various cities to reduce the amount of their
33 Esdmated Payments: a Trarisition Funding Credit (for cities with high per-capita
34 - costs); a Resident Usage Credit (for cides with low usage as compared to 35 population); and an Impact Mitigation Credit (for cities whose projected rates were
36 most impacted by decisions of certain cities not to participate in the regional
37 Agreement). Application of these Credits is limifed such that the Estimated
38 Payment cannot fall below zero (before or after #he annual reconciliation
39 calcularion) with respect to the Transition Furiding Credit, or below $2,750 or $2,850
Draft Dated 5-13-10 25
l with respect to the Resident Usage Credit and Impact Mitigation Credit (depending
2 on whether Bothell received Animal Services in the Service Year being reconciled).
3
4 • Estimated Payments are reconciled to reflect actual revenues and actual usage. The
5 reconciliation calculation occurs in June of the following calendar year. The 6 reconciliation calculation and payment process is described in Exhibit D. The .
7 receipt of Transition Funding Credits, Resident Usage Credits, or Impact Mitigation
8 Credits can never result in the amount of the Estimated Payments as reconciled .
9 falling below the limits ($0, $2,750 or $2,875, depending on the credit and whether
, 10 Bothell is receiving serviee) described in the paragraph above.
11
12 Estimated Pavment Formula:
13
14 EP=[EC+ES+EL-ER-T-U-M]=2 ^
15
16 Where: .
17
18 "EP" is the Estimated Payment. For Cides receiving a Transition Credit or Residenf Usage
19 Credit the value of EP may not be less than $0.
20
21 "EC" is the Cify's share of the Budgeted Net Allocable Control Services Cost for the
22 Service Year. See formula below,for deriving "EC.
23
24 "ES" is the City's share of the Budged Net Allocable Shelter Services Cost for the Service 25 Year. See formula below for deriving "ES. "
26
27 "EL" is the City's share of the Budgeted Net Allocable Licensing. Services Cost, for the .
28 Service Year. See formula below for deriving "EL." .
29 .
30 "ER" is Estimated Licensing Revenue attributable to the City. For purposes of determining
31 the Estimated Payment in Years 2010 and 2011, ER is derived froin the number of each
32 type of active license issued to Cifiy residents in years 2007-2009 (the "Calculation Period"),
33 multiplied by the cost of those licenses in 20091, resulting in the ealculations shown on
34 Exhibit C-2, and then adding the amount of revenue estimated to be derived as a result of
~ 20091ieensing types and eosts used for purposes of calculating Estimated Licensing Revenue per
jurisdiction in.Exhibit Gl include: Cat and Dog, Altered (spayed or neutered)-- $30; Cat and Dog, Unaltered-
-$90; Cat and Dog, Juvenile (less than 6 months in age) $5; Dog, Senior (over 65)owner $20; Gat,. Senior
owner-- $12; Cat and Dog, Renewal, Service and Temporary, Senior owner renewal-- $0. License fypes and
costs are subject to change over time.
Draft Dated 5-13-10 26
.
1 the Transitional. Licensing Support Services in 2010 to those five Cities identified in
2; Exhibit; C-S: License Revenue that cannot be attributed to a specific Pariy (e.g., License
3 Revenue associated with incomplete address information), which generally represents a
4 very small fraction of overall revenue, is allocated amongst the Parties based on their
5 respective percentages of ER as compared to Total Licensing Revenue. 6 -
7 "T" is the Transition Funding Credit, if any, allocable to the.City for each Service Year,
8 calculated per Exhibit C-4; provided however, a City identified in Exhibit C-4 is only eligible
9 for a Transition Credit if that City agreed to enter info this Agreement for a term through
10 December 31, 2012; provided further, that the amount of "T", if ariy; for Service Year 2010
11 shall be applied pro rata to the calculation of the Fina1 Estimated 2010 Payment even if,
12 despite the agreement of the City, the Agreemenf only goes into effect for 6 months or 60
13 days per Section 15.
14 ~
15 "U" is the Resident Usage Credit, if any, allocable to the City for each Service Year,
1.6 calculated per Exhibit C-4; provided however, a City identified in Exhibit C-4 is only
17 eligible for a Resident Usage Credit if that City agreed to enter into this Agreement for a
18 term through December 31, 2012; provided further, that the amount of "U", if any, for
19 Serviee Year 2010 shall be applied pro rata to the calculation of the Final Estimated 2010
20 Payment even if, despite the agreement of the City, the Agreement only goes into effect for
21 -6 months or 60 days per Section 15.
22
23 "M" is. the Impact Mitigation Credif, if any, allocable to the City for each Service Year,
24 calculated per Exhibit C-4; provided however, a City identified in Exhibit C-4 is only
25 eligible for an Impact Mitigation Credit if that City agreed to enter into this Agreement for
26 a term through Deeember 31, 2012; provided further, that the amount of "M," if any, for
27 Service Year 2010 shall be applied pro rata to the calculation of the Final Estimated 2010
28 Paymenf even if; despite the agreement of the City, the Agreement only goes into effect for
29 6 months or 60 days per Section 15.
30
31 And wh'ere:
32 .
33.':Budgeted Net Allocable Costs" are the estimated costs for the Service Year for the
34 provision of Animal Services which are allocated among the Contracting Parties for the
35 purposes of,determining the Estimated Payment. The Budgeted Net Allocable Costs are ,
36 calculated as tYte Budgeted Total Allocable Costs (subject to the Annual Budget Inflator i
37 Cap) Iess.Budgeted Total Non-Licensing Revenue. T'he Budgeted Total Allocable Costs
38 exclude any amount expended by the County as Transition Funding Credits, Resident Use
39 Credits, or Impact Mitigation Credits (described in Exhibit C4) or to provide Transitional
40 Licensing Revenue Support Services (described in Section 7). The calculation of Budgeted I
Draft Dated 5-13-10 27
~
1 Net Allocable Costs, Budgeted Total Allocable Costs and Budgeted Total Non-Licensing
2 Revenue for purposes of calculating the Estimated 2010 Payments is set.forth in Exhibit C-
3 3. ~
4
5 "Tota1 Licensing Revenue" means the all revenue received by the County's Animal
6 Services System attributable to tlie sale of:pet licenses excluding late fees. With respect to 7 each Contracting Party, the amount Licensing Revenue is the revenue generated by the
8 sale of pet licenses to residents of the jurisdiction. (With respect to the County, the
9 jurisdiction is the unincorporated area of King County ) The value of Estimated Licensing
10 Revenue for each Contracting Party for purposes of calculating the Estimated 2010
11 Payment includes amounts estirnated to be generated from Transitional Licensing
12 Revenue Support Services, and is shown on Exhibit G2.
13
14 "'Y'otal Non-Licensing Revenue" rneans all revenue from fine, forfeitures, and all other
15 fees and charges receivedby the County's Animal Services system, excluding Total
16 Licensing Revenue.
17
18 "Transitional Licensing Support Sexvices" means activities to be undertaken.in specific
19 cities in 2010 to enhance licensing revenues,.per Section 7 of the Agreement.
20
21 "Annual Budget Inflator Cap" means the maximum amount by which the; Budgeted Total,
22 Allocable Costs may be increased from one Service Year to the next Service Year, arid year
23 to year, which is calculated as the rate of inflation (based_ on the annual change in the
24 September CPI-U for the Seattle-Tacoma-Bremerton area over the rate the preceding year)
25 plus the raEe of population growth for the preceding year for the County (including only
26 the unincorporated area) plus all Contracting Cities, as identified by comparing the two
27 most recently published July OFM city and county population reports. The cost allocations
28 to individual services (e.g. Control Services, Shelter Services or Licensing Services),or
29 specific items within those services may be increased from year to year in excess of, the 30 Annual Budget Inflator Cap so long as the Budgeted Total Annual Allocable Costs do not
31 exceed the Annual Budget Inflator Cap. Similarly, the Estimated Payment for any Party
32 may grow from Service Year to Service Year at a rate in excess of the Annual Budget
33 Inflator Cap depending on how that Party's usage of Animal Services chariges from year
34 to year.
35 36 "Service Year" is the ealendar year in which Animal Services are/were provided. (In 2010, _
37 the Service Year is the period from July 1, 2010 -December 31, 2010; the Estimated
38 Payment calculation shown in Exhibit C is based on annualized costs). 39 .
Draft Dated 5-13-10 28
.
1 "Calculation Period" is the period data from which is used to. calculate the Estimated
2 Payment. The Calculation Period differs by formula component and Service Year: In
3 Service Years 2010 and 2011, the Calculation Period for Calls for Service, Animals, -or
4 Licenses Issued (all as further defined below) is based on multiple year averages as
5 detailed in this Exhibit. For Service Year 2012 and beyond (if the Agreement is extended
6 into,;an additional2-year term), the Calculation Period is the year that is: two calendar
7 years prior to the Service Year (thus, for Service Year 2012, the Calculation Period is 2010).
8 Exlubit C-6 summarizes in table form the Calculation Periods for the usage and
9 population factors for Service Years 2010, 2011 and 2012.
10
11 "Population" with respect to any Contracting Party for any Service Year means the
12 population number derived from the State Office of Finaricial Management (ORM) most
13 recent annually published reporf of population to, be used for purposes of allocation of
14 state shared revenues in the subsequent calendar year (typically published by OFM each
15 July, reflecting final population estimates as of A pril of the same calendar year). The OFM
16 reported population will be adjusfed for annexations of 2,500 or more residents. For
17 example, when the finai Estimated Payment calculation for 2012 is provided on December
18 15, 2011, the population numbers used will be from the OFM report issued in July 2011
19 and will be adjusted for all annezations of 2,500 or more residents that occurred (or will
20 occur) between April l and December 31, 2011. : By way of further example, the -
21 reconciliation of the 2012 payment (calculated in June 2013) will incorporate adjusted
22 population numbers based on the OFM population report issued in'July 2012 adjusted for
23 all annexadons of 2,500 or more residents that oecurred between Apri11, 2012 and
24 December 31, 2012. The population of an annexed area will be as determined by the
25 Boundary Review Board, in consultation with the annexing city. The population of the
26 unincorporated area within any District will be determined by the King County
27 demographer. Notwithstanding the foregoing, the population for all potendal Contracting '
28 Parties for purposes of determining the final Estimated 2010 Payment will be based on the
29 July 2009 OFM report, adjusted for annexations occumng through the end of December
30 2010, as known as of April, 2010, and shown on Exhibit C-2, and the reconciliation of the
31 Estimated 2010.Payments (calculated in June 2011) will incorporate changes to population
32 as reflected in the 2010 U.S. Census (results expected to be published Apri12011).
33 ,
34 Exhibit G1 shows the preliminaM calculadon of EP for July 1- December 31, 2010,
35 assuming that the County and all Cities that have expressed interest in signing this
36 Agreement as of May 26, 2010, do in fact approve and sign the Agreement and as a result
37 the Minimum Contract Requirements with respect to all such Cities and the County are
38 met per Section 15.
39.
40
DraB Dated 5-13-10 29
1 Component CalcuTation Formulas:
2
3 EC is calculated as follows:
4
5 EC ={[(C x.25) x.51 x CFS} +{[(C x. 25) x.51 x D-Pop}
6
7 Where:
8
9 "C" is the Budgeted Net Allocable Control Services Cost for the Service Year, which
10 equals the County's Budgeted Total Alloeable Costs for Control Services in the Service
11 Year, less the Budgeted Total Non-Licensing Revenue attributable to Control Services in
12 the Service Year (for example, fines issued in the field). Budgeted Net Allocable Control
13 Sexvices Cost for Service Year 2010 is $1,698,600, caleulated as shown on Eachibit C-3, and
14 shall be similarly derived for Service Years after 2010.
15
16 "CFS" is the total annual number of Calls for Service for the Service Year for animal
17 control services originating within the City expressed as a percentage of the CFS for all -
18 Contract Parties within the Control District. A Call for Service is defined as a request from
19 an individual, business or jurisdiction for a control service response to a location within
20 the City, or a response initiated by an Animal Control Officer in the field, which is entered
21 into the County's data system (at the Animal Services call center or the sheriff's dispatch
22 center acting as back-up to the call center) as a request for service. Calls for information,
23 hang-ups and veterinary transfers are not included in the calculation of Calls for Service.
24 [Plaeeholder for further discussion: A response by an Animal Control Off cer pursuant to an
25 Enhanced Control Services Contract will not be counted as a Call for Service.] For purposes of
26 determining the Estimated Payment in 2010 and 2011, the Calculation Period for CFS is the ~
27 • 3-year period from 2007-2009, resuiting in an annual average number of Calls for Service
28 for the City and each Contracting Party as shown on Exhibit C- 2.
29
30 [NOTE: The text in the placeholder above will not impact the calculation of the Estimated 2010
31 Payment or the payment tests for purposes of determining whether fhe Agreement goes into effect- .
32 however, Partzes not purchasing Enhanced Control Service within a Control District will see their
33 percentage of CFS increase if another City(s) within their Control Distriet purchase the service and
34 that service is provided during the regular 5-day control service schedule. However, non-
35 purchasing cities will also arguably receive a somewhat higher level of service because the work of
36 the Enhanced Control Service Officer will free up the regularly scheduled Control Services officer to
37 respond to more calls from other eities in the District.]
38 39 "D-Pop" is the Population of the Ciry, expressed as a percentage of the Population of all
40 jurisdictions within the applicable Control District.
Draft Dated 5-13-10 30
. . . + , . . '
1
2 ES is calculated as follows: 3 _
4 If, as of the effective date of this Agreement, the City has entered into a contract for shelter
5 services with fihe Progressive Animal Welfare Society (PAWS) in Lynnwood, WA, then, for . . 6 so long~as such contracf remains in effect, the City will not pay. a share of sl~elter costs
7 associated with shelter usage ("A" as defined below) and instead the Estimated Payment
8 will include a reduced population-based charge reflecting tlle regional shelter benefits
9 nonetheless received by such City, calculated as follows (the components of this
' 10 calculation are defined as described below).
11 •
112... ES =(S x.5 x Pop) -2
13
' 14 If the City does not qualify for the reduced population-based shelter charge, ES is
15 deterrnined as follows:
16
17 ES = [S'x .5 x Pop] + (ESP x Pop2) + (S x .5 x A) 18
19 WYiere: 20 .
21 ".S" is-the Budgeted Net Allocable Shelter Services Cost for the Service Year, which equals
22 . the County's Budgeted Total Allocable Costs for Shelter Serviees less Budgeted Total Non-
23 Licerising Revenue attributable to Shelter operations (i.e., adoption fees, microchip fees,
24 impound fees, owner-surrender fees, from all Contracting Parties) in the Serviee Year. The
25 Budgeted Net Allocable Shelter Services Cost for purposes of caleulating Estimated 2010
26 Payments is $3,004,900 as shown on Exhibit C-3, and shall be similarly derived for Service
27 Years after 2010.
28
29 "ESP" is the sum of all reduced shelter costs payable in the Service Year by all cities
30 qualifying for such reduced charge.
31
32 "Pop" is the populatiori of the City expressed as a percenfage of the Population of all
33 Contracting Parties.
34
35 "Popz" is the Population of the City expressed as a percentage of the Population of all
36 Contracting Parties that do not qualify for the reduced shelter charges.
37
38 "A" is the number of animals that were: (1) picked up by County Animal Control Officers
39 from within the City, (2) delivered by a City resident to the County shelter, or (3) delivered
40 to the shelter that are owned by a resident of the City expressed as a percentage of the total
Draft Dated 5-13=10 31
~
1 number of animals in the County Shelter during the Calculation Period. For purposes of
2 the Estimated Payment in 2010 and 2011, the Calculatiori Period #or "A" is the two year
3 period of 2008 and 2009; resulting in an average annual shelter usage number for the City
4 and.each Contracting Party as shown in Exhibit C-2. .
5 .
6 EL is calculated as follows:
7
8 EL=[(Lx.SxPop)+(Lx.5xI)] .
9
10 Where:
11
12 "L" is the Budgeted Net Licensing Services Cost for the Service Year, which equals the .
13 County's Budgeted Total Allocable Costs for License Services in the Service Year less
14 Budgeted Total Non-Licensing Revenue attributable to License Services (for example;-pet
15 license late fees) in the Service Year. The Budgeted Net Licensing Cost for purposes of
16 calculating Estimated 2010 Payments is $898,400, calculated as shown on Exhibit C-3, and
17 shall be similarly derived for Service Years after 2010.
18
19 "Pop" is the `Population of the City expressed as a percentage of the population of all 20 Contracting Parties.
21
22 "I" is the number of active paid regular pet licenses (e.g., excluding 'buddy lieenses" or
23 temporary licenses) issued to City residents during the Calculation Period: For purposes , .
24 of calculating the Estimated Payment in years 2010 and 2011, the Calculation Period for
25 "I" is the three year period from 2007-2009; and the resulting average annual number of ~
26 licenses as so calculated for the City and each Contracting Party is shown on Exhibit C-2.
27
28
Draft Dated 5-13-10 32
a.
1 Exhibit C=1
2 (the large spreadsheet, showing_calculation of
3 2010 Preliminary Estimated Payments (Annualized)
t::~
Draft Dated-5-13-10 33
,
Exniwrt c-s
Population, Calls for Service, Shelter Use and Licensing Data for Jurisdictions,
Used to Derive the Preliminary and Final Estimated 2010 Paymerrt
Source: KC OHice of Aqanagemenf and Budget and Mfmal Care and Control
Date: May 13, 2010
Propoged Populatlon 3-Year Average 2-Year Averege 3-Year Average
Distrid Jurisdietion (1) ConUOl Catis Shelter Intake AcUve Ucenses
Bothell (2) 33,240 195 NA 4,301
Camation 1910 19 28 206
Dwall 5,980 41 20 775
Estimated Unincorporated King County 103,400 600 see tofaf belo see lotai beTow
o Kenmore 20,450 176 NA 2,840
o Kirkiand 49,010 286 136 4,995
N Lake Forest Park 12,820 83 NA 1,97
Redmond 51890 268 112 5,228
Sammamish 40,670 199 49 4,719
Shoreline 54 320 511 NA 6,280
Woodinville 10 670 108 NA 1,344
Beainc Arts 315 2 0 45
Bellewe 120 600 533 299 10,900
Clyde Hill 2,815 14 2 346
Estimated Unincorporated King CouMy 92,800 950 see total below see total befow
o HuMS Parrt 465 0 0 10
N Issaquah 26,890 195 99 2,379
, Mercer Island 22,720 86 23 2,071
NewcasUe 9,925 62 21 400
North Bend 4,760 59 39 548
Snoqualmie 9,730 49 35 771
Yarrow Pt 965 3 0 112
Burien (indudes North Highiine Area X Annexation)
Estimffied Unincorporated King County 48 200 750 see total below see (ote/ 6elow
N KeM (Indudes Panther Lake Annexation) 113 180 1,202 2,483511 9 996
SeaTac 25 730 467 2,197
Tukwila 18170 373 268 1,207
Algana
Auburn 67,485 672 1,191 5,325
Biack Diamond 4,180 55 59 468
m Covington 17,530 297 197 2,260
e4 Enumdaw 11460 175 191 1017
Estimated Unincorporated King County 59,700 750 see total be/ow see total below
Maple Valley 20,840 220 173 2,250
Paafic
CIty Totals 758,720 6,350 5,769 74,864
Kin Count Urtinco orated Area Totals 304,100 3,050 1,360 38,156
roracs 1,062,820 s 400 7,129 113,120
1. Population and usage values have been adjusted to indude 2010 annexations with effective dates of July 1, 2010 or earlier (i.e., Burien,
Panther Lake).
2. Bothell is opting for a 6 month option. They wiil not be induded in allocations for 2011 and 2012.
1
Draft Dated 5-13-10 34
1 Eachibit C-3
2
3 Calculataon of Budgeted 'I'otal Allocable Costs, Budgeted Total Non-Licensing Revenue, and
4 Budgeted Net Allocable Costs
5
6 This Exhibit Shows the Calculation of Budgeted Tota1 Allocable Costs, Budgeted Total Non-.
7 Licensing Revenue, and Budgeted Net Allocable Costs to derive Estimated 2010 Payments: ° The
8 staffmg levels incorpora.ted in this calculation are for year 2010 only and except as otherwise
9 expressly provided in the Agreement may charige from yeaz to year as the County determines may
10 be appropriate to achieve effciencies, etc.
11
12 Control Services: CalculaNon of Budgeted Total Allocable Costs, Budgeted T'otal Non-
13 Licensing Revenue, and Budgeted Net Allocable Costs
14
15 The calculation of 2010 Control Services Costs is shown below (all costs in 2010 dollars).
16 -
Cost `
Methodology
1 Direct Service Management Staff Costs $109,400.
2 Direct Service Field Staff Costs $683,300
3 Call CenterDirect Service StaffCosts $209;300
4 Overtime, Dut , Shift Differential and Tem Costs $71;500
5 Facilities Costs $10,200
6 Office and,Other O erational Su lies and E ui ment $22,900
7 Printin , Publications, and Postage $45,000
8 Medical Costs $25,000
. 9 Other Services $80,000
10 Trans ortation $155,000 111. Communications Costs $35,600
12 IT Costs and Services $57,500
13 Misc Direct Costs $25,400
14Gerieral.Fund Overhead Costs $17,400
15 Division Overhead Costs $111,300
' 16 Qther Qverhead Costs _ $46,200
2010 Bud eted Total.Allocable Control Services Cost" _:-$1,705,000 -
17 Less 2010 Budgeted Total Non-Licensing Revenue $6;400
Attributable to Control Services 2010 Budgeted Net Allocable' Control S'ervices Cost - $1,698,600
17 ,
18
Draft Dated 5-13-10 35
.
1 NOTES:
2
3 1 Management direct service staff consists of 0.40 FTE Animal Caze and ContTOl
4 Manager, 0.40 FTE Operations Manager, and 0.17 Information Technology 5 Manager.
6 2 Direct Service Field Staff Gosts consist of 1.00 FTE Animal Control Officer
7 Sergeant, 1:00 FTE Animal Control Officer Cr.uelty Sergeant, 6.00 FTE Animal
8 Control Officers. 9 3 Call center costs for 1.00 FTE Administrative Assistant/Lead and 2.00FTE ca11
10 takers.
11 4 These additional salary costs support complete response to calls at the end of the day,
12 limited response to emergency calls after hours, and extra help during peak ca11 13 times. .
14 5 Facilities costs include maintenance and utilities for a portion (5%) of the Kent
15 Shelter (which.houses the call center staff operations and records retention as well as
16 providing a base station for field officers). Excludes all costs associated with tlie
17 Crossroads facility.
18 6 This item.includes the office supplies required for both the ca11 center as well as a
19 wide variety of non-computer equipment and supplies related to animal control field
20 operations (e.g., uniforms; tranquilizer guns, boots, etc.).
21 7 T'his cost element consists of printing and publication costs for various materials
22 used in the field for animal control. `
23 8 Medical costs include the cost for ambulance and hospital care for aazumals.requiring
24 emergency services.
25 9 Services for animal control operations vary by year but consist primarily of -
26 consulting vets and laboratory costs associated with cruelty cases.
27 10 Transportation costs include the cost of the maintenance, repair, and replacement of
28 the animal care and control vehicles and cabs, fuel, and reimbursement for
29 occasional job-related use of a personal vehicle.
30 11 Cornmunication costs involve the direct service costs for telephone, cell phone,
31 radio; and pager use.
32 12 Information technology direct costs include IT equipment replacement as well as
33 direct services costs. Excludes approximately $50,000 in service costs associated
34 with mainframe systems.
35 13 Miscellaneous direct costs consist of all animal control costs not listed above
36 including but not. limited to contingency, training, certification, and bad checks.
37 14 General fund overhead costs included in this model include building occuparicy
38 charges and HR/personnel services. No other General Fund overliead costs are
39 included in the modeL 40 15 Division overhead includes a portion of the following personnel time as well as a
41 portion of division administration non-labor costs, both based on FTEs: division
42 director, assistant division director, administration, program manager, finance „
43 officer, payroll/accounts payable, and human resource officer:
44 16 Other overhead costs include IT, telecommunications, finance, and property services.
45 17 Non-licensing.revenue attributable to field operations include animal control
46 violation penalties, charges for field pickup of deceased/owner relinquished animals,
47 and fines for failure to license.
Draft Dated 5-13-10 36
1Shelter Services: Calculation of Budgeted Total Allocable Costs, Budgeted Total Non-
2 Licensing Revenue, and Budgeted Net Allocable Costs -
3 . -
4 The°calculation of 2010 Shelter Services Costs is shown below (all costs in 2010 dollazs):
5
Cost
- - Methodology
l ' Direct Service 1Vlanagement Staff Costs $154,900
2 Direct Service Shelter Staff Costs $1,280,200
3 Direct Service Clinic Staff Costs $399,100_
4 Overtime, Duty, Shift Differential and Tem Costs $205,100
5 Facilities Costs '$150,000 .
6_ Office and Other_ erational Su lies and E ui _ment $130,200_
7 Printing, Publications, and Posta e ` $5,000 .
8 Medical Costs - $145,O.OQ
9 Qther Services $2001000
1 U Trans ortation $1 O,OOU
11 Communications Costs $13,200
12 IT. Costs and Services $35,000
13 Misc Direct Costs $33,300
14 _ General Fund Qverhead Costs $203;100 `
15 Division Overhead Costs $195,500 .
16 Other Oyerhead Costs $47,700
2010 Budgeted Tota1 Allocable Shelter Services Cost 3,207,300
17 Less 2010 Budgeted Total Non-Licensing Revenue $202,500
Attributable to Shelter Services
2010 Budgeted Net Allocable Shelter Services Cost $3,004,500
6
7 NOTES:
8
9 1 Management direct service staff consists of 0.60 FTE Animal Care and Control Manager;
10 . 0.60 FTE Operations 1Vlanager, and 0.17 Information Technology Manager.
11 2 Direct Service Shelter Staff Costs consist of 2.00 FTE Animal Control Officer Sergeants,
12 12.00 FTE Animal Control Officers, 1.00 FTE Placement Specialist, 1.00 FTE Volunteer
13 Coordinator.
14 3 Direct Service Clinic Staff Costs consist of 2.00 FTE veterinarians and 2.00 FTE
15 veterinarian techs.
16 4 These additional salary costs support complete processing of animals received late in the
17 day, extra help during kitten season; and limited backf 11 for vet and vet techs when on
18 vacation. _
Draft Dated 5=13-10 37
1 5 Facilities costs include;maintenance and utilities for fhe majority (95%) of the Kent Shelter
2 (which also houses the call center staff operations and recorcls retention as well as providing
3 a base sta.tion for field officers). It excludes all costs. associated with the Crossroads facility. 4 6 This item includes the office supplies as well as a wide variety of non-computer equipment.
5 and supplies related to animal caze (e.g., uniforms, food, litter, etc.).
6 7 This cost element consists of printing and publication costs for various materials used at tlie
µ 7 shelter.
8 8 Medical costs include the cost for ambulance and hospital care for animals requiring
9 emergency services as well as the cost for consulting vets; laboratory costs, medicine; and
10 vaccines. . "
11 9 Services for animal control operations vary by year but include costs such as shipping of '
12 food provided free ofcharge and sheltering of large animals.
13 10 Transportation costs include the cost of the maintenance, repair, and replacement of and fuel
14 for the animal caze and control vehicles used by the shelter to facilitate adoptions, as well as
15 reimbursement for, occasional job-related use of a personal vehicle.
16 11 Communicationcosts involve the direct service costs for telephone, cell phone, ra.dio, and -
17 pager use. ~
18 12 Information techriology direct costs include IT equiprnent replacement as well as direct
19 services costs.
20 13 Miscellaneous direct costs consist of all animal care costs not listed above including but not
21 limited to contingency; training, certificafion, and bad checks.
22 14 General fund overhead costs included in this model include building occupancy charges and
23 HR/personnel services. No other General Fund overhead costs are included in the model. .
24 15 Division overhead includes a portion of the following personnel time as well as a portion of
25 division administration non-labar costs, both based on FTEs: division director, assistant
26 division director, administration, program manager, finance officer, payroll/accounts
27 payable, anci human resource off cer.
28 16 Other overhead costs include IT, telecommunications, finance, and property services.
29 17 Non-licensing revenue attributable to sheltering operations include impound fees, microchip _
30 fees, adoption fees, and owner relinquished euthanasia costs.
Draft Dated 5-13-10 38
1 Licensing: Services: Calculation of Budgeted Total Allocable Costs, Budgeted Total Non-
2 Licensing Revenue, and Budgeted Net Allocable Costs - 3
4 The calculation of 2010 Licensing Services Costs is shown below (all costs in 2010 dollazs)..
5
- Cost
- Methodology _
1 Direct Service Management Staff Costs. $60,000
2 Direct Service Licensiri Staff Costs ' $423,900 '
3 Overtime, Du , Shift Differential and Tem Costs $30,000 .
,
4 Facilities Costs - $13,100.
5 Office and Other.0 erational Su lies and E ui ment _ $3,300
6 Printin , Publications, and Posta e $166,000
7. Other Services $15,000 8 Communications Costs $5,000
9 IT Costs and Services $85,000 10 Misc Direct Costs $2,000
11 General Fund Overhead Costs $25,300
12 Division Overhead Costs $54,800
13 Other Overhead Costs $60,000
2010 Budgeted Total Allocable Licensing Services Cost $943,400
14 Less 2010 Budgeted Total Non-Licensing Revenue $45,000
Attributable to Licensing Services
2010 Budgeted Net Allocable Licensin Services.Cosf $989,400
6
7 NOTES:
8 1 Management direct service staff consists of 0.17 Information Technology Manager
9 and 0.33 Licensing Section Manager.
10 2 Direct Service Licensing Staff Costs consist of 0.5 FTE Pet License Supervisor, 1.00
11 FTE Sales and Marketing Manager, 2:80 FTE Customer Specialists, 1.00 FTE Fiscal
12 Specialist, and 1.00 Administration Assistant.
13 3 These additional salary costs support overtime costs as well as a limited non- .
14 jurisdiction specific mazketing effort. These costs do not include the enhanced
15 transitional licensing support to be provided by King County to cerfain cities.
16 4 Facilities costs include maintenance and utilities for the portion ofthe King County
17 Administration building occupied by the pet licensing staff and associated records:
18 5 This item includes the office supplies required for the licensing call center.
19 6 This cost element consists of printing, publication, and distribution costs for various
20 materials used to promote. licensing of pets, including services to prepare materials
21 for mailing.
Draft Dated 5-13-10 39
1 7 Services for animal licensing operations include the purchase of tags and monthly .
2 fees for online pet licensing hosting. 3 8 Communication costs involve the direct service costs for telephone, cell phone,
4 radio, and pager use.
5 9 Information technology direct costs include IT equipment replacement as well as
6 direct services costs. Excludes approximately $120,000 in service costs associated
-7:: with mainfiame systems.
8 10 Miscellaneous direct costs consist of all pet licensing costs not listed above including .
9 but not limited to training, certification, transportation, and bad checks. ,
10 11 General fund overhead costs included in this model include building occupancy 11 charges arici HR/personnel services: No other General. Fund overhead costs.are
12 included in the model.
13 12 Division overhead includes a portion of the following personnel time as well as a
14 portion of division administration non-labor eosts, both based on FTEs: division
15 director, assistant division director, administration, program manager, finance
16 officer, payroll/accounts payable, and human resource off cer:
17 13 Other overhead costs include IT, telecommunications, finance,'and property services.
18 14 Non=licensing revenue attributable to licensing operations consists of licensing late
19 fees.
20
21
Draft Dated 5-13-10 40
1 Exhibit C-4
2
3. Transiti.on Funding Credit ("T"), Resident Usage Credit ("U") and
4 Impact Mitigation Credit ("M") Calculati:on and Allocation
5
6 Transition Fundin C~ redit - 7 The Transition Funding, Credif has been cal'culated. to offset' costs to certain cities on a
8 declining basis over four years. Cities qualifying for this credit, as shown below, are ttiose
9 that under ttie basic Animal Services cost allocation formula (allocating costs generally
10 based half on population and half on usage); would ,pay the highest per capifa '
costs in
11 2010. ,
12
13 To determine the initial level of the Transition Furiding Credit, $250,000 has been allocated
14 to Cides with preliminary estimated 2010 cost allocations (before considering offsetting
15 Licensing Revenue) exceeding $6 per capita; an additiorial $400,000 was allocated to the
16 Cities with preliminary estimated 2010 cost allocations (before considering offsetting
17 Licensing Revenue) exceeding $8 per capita.. (The per capifa cost allocations used to
18 qualify for this credit may be derived from Exhibit C-1 in column caption''Estimated
19 Total Cost Allocation" divided by the population for the jurisdietion as shown in Ezhib'it
20 G2.)
21 . - ~
22 The Transition Funding Credit declines over time. 50% of the annual amount (since the
23 service year is six months, rather than a full year) is allocable to each qualifying City in
24 calculating the Estimated 2010 Payment,• 100% of trie amount is 'allocable again in
25 calculating the 2011 Estimated Payment; 66% of the amount is allocable in 2012. If the
26 Agreement is extended for ari additional two years, 33%of the amount is available in 2013;
27 no Transition Furiding Credit is allocable in 2014.
28
29 The credit is only available to a qualifying City if that City has agreed to a 2.5 Year
30 Agreemenf. Application of the credit ean never result in the Estimated Payment Amount
31 being less than zero ($0) (i.e., cannot result in the Courity owing the Cify an Estimated
32 Payment). -
33
34 The allocation of the Transition Funding Credit is shown in Table 1 below.
35
36 ,
37
38
39
40 Table 1: Transitiori Funding Credif - Initial Contract Period and Extension Period
41 .
Draft Dated 5-13-10 41
Initia121/2-Year Contract Period 2-Year Extension Period
Jurisdiction 2010 2011 2012 2013 2014
Transition Transition Transition_ Transition Transition.
Funding Funding Funding Funding . Funding
(1/2 ear)
Carnation $836 $1,674 $1,105 $552 $0
North Bend $2,086 $4,172 $2,753 ~ $1,376 $0
Kent $167,417 $334,834 $220,990 $110,495 $0
SeaTac $11,275 $22,551 $14,884 $7,442 $0
Tukwila $7,962 $15,925 $101510 $5,255 $0
Aubum $99,824 $199,649 $131,768 $65,884 $0
Black Diamond $1,832 $3,664 $2,418 $1,209 $0
Covin ton $7,682 $15,364 $10,140 $5,070 $0
Enumclaw $16,592 $33,903 $22,376 $11,188 $0
Ma le Valle $9,133 $18,265 $12,055 $6,027 $0
1 Notes:
2 1. The transitional funding credit is the same regardless of which cities sign an Agreement
3
4
5 Resident Usage Credit
6 The Resident Usage Credit has been calculated to offset the costs of certain cities agreeing
7 to a 2.5 year Agreement that have a low use of King County animal services relative to
8 their population. The amount of the credit is different depending on whether the City of
9 Bothell is receiving service during a given Service Year. The credit has been determined
10 by comparing the estimated cost Cities would pay on an annualized basis in 2010 if the
11 regional payment model was based solely on usage (including estimated costs payable to
12 PAWS by cities that will be contracting for shelter services with PAWS) to the cost payable
13 under the adopted model (which incorporates both usage and population, including
14 estimated costs payable to PAWS by Northern Cities that will be contracting for shelter
15 services with PAWS)). The credit is set so that no City that has a Preliminary Estimated
16 2010 Cost Allocation after considering 2009 Licensing Revenue (as shown in Exlubit C-1 in
17 the column captioned "Estimated Net Cost Allocation") of over $5,000 (an annualized cost)
18 pays more than 120% above what it would pay under a usage-based model that assumes
19 all cities that expressed interest in participating as of May 5, 2010 sign an Agreement ;
20 provided that, a City must sign a 2.5 year Agreement to qualify for the credit; and provided
21 further, that credits are fixed in amount as shown in Table 2 below and will not change
22 regardless of which Cities sign the Agreement. As annualized, the credit is camed forward
23 each year without change through 2012. Application of the credit can never result in the `
24 Final Estimated Payments for any Service Year being less than $2,750 for receipt of Animal
25 Services in that year if Bothell is served and not less than $2,875 for receipt of Animal
26 Services in that year if Bothell is not served (for Northern Cities with PAWS contracts in
Draft Dated 5-13-10 42
1 effect as of July 1, 2010, calculations are made inclusive of a City's actual payments for
2 such year to PAWS for sheiter services).
3
4 Table 2: Resident Usage Credit (Annualized Values) (1)
5.
Jurisdiction For Service Years in which For Service Years in Which
the City of Bothell Is the City of Bothell Is Not
Receiving Animal Services Receiving Animal Services
under an A eement
Kirlcland $20,042 $20,391
Redmond $34,917 $35,646
Sammamish $9,102 $14,775
Bellevue $91,468 $93,471
Mercer Island $25,064 $26,093
Newcastle $8,778 $9,052
Sno.; ualmie $3,940 $4;125
6 1Votes:
7 1.The residential usage credit does not change with time; it only varies based.on whether Bothell is
8 receiving services. Thus, if Bothell signs a 6 month Agreement:(e.g., ending December 2010), the
9 credit payable in 2010 will be one half the value in column 2 above; the credit payable in 2011 will
10 be ttie amount in column 3.
11
12
13 .
14 Impact Mitigati.on Credit
15 The purpose of`this credit is to limit the impact to Contracting Cities signing for a 2.5 year
16 Agreement as a result of three cities (Burien, Algona and Pacific) deciding as of May 5,
17 2010; fhat they would not participate in the model, as compared to the costs presented to
18 all cities in April, 2010, and assuming all other Cities shown in Exhibit G1 sign the
19 Agreement. The amount of the credit is sized to ensure that a City's Preliminary
20 Estimated Payment after applying the Residential Use Credit and the Transidon Funding
21 Credit is not greater than 10% more than the Preliminary Estimated 2010 Cost from the
22 Apri12010 model and not greater than 15% more than such Cost if Bothell does not
23 contract for service past December 2010;` provided that the credit amounts are fixed as
24 shown in Table 3 below and will not change regardless of which Cities sign the
25 Agreement; provided further that only Cities signing a 25 year agreemenfi qualify for the
26 credit;,and provided further #hat application of the credit can never result in the Estimated
27 Paymenf Amount, of less than $2;750 for receipt of Animal Services in that year if Bothell
28 is served and not less than $2,875 for receipt of Animal Services in that year if Bothell is
29 not served (for Northern Cities with PAWS contracts in effect as of July 1, 2010,
30 calculations are made inclusive of a City's actual payments for such year to PAWS for
31 shelter services).
Draft Dated 5-13-10 43
1 .
2 The alloeation of the Impact Mitigation Credit is shown on Table 3.
3
4 Table 3: Impact Mitigation Credit (Annualized: Values) (1, 2)
5
Jurisdiction - For Service Years in For Service Years in -
which the City of Bothell Which the City of Bothell
Is Receiving Animal Is Not Receiving Animal
Services under an Services Agreement
Bothell (2) $457
Carnation $79
Duval $859 $1;687
ICirlcland $10,469 $17;102
Redmond $8,094 $12,940
Shoreline (2) $4,341,
Woodinville (2) $1,579 Bellevue $1,301 $2,763
Newcastle $2,167 $1,495
Yarrow Point . $33
Kent $48,960 $41427
Seatac $7,929 $4,621
Tukwila $5,628 $2,766
6 Notes:
7 1. These credits do not change over the period ofthe Agreement. 8 2. These credits assume that these cities' costs to shelter animals at PAWS exceed their
9 estimated rebate by greafer than $2,750 in Column 2 sifuation (Bothell served) and $2,875 in the
10 Column 3 situation (Bothell not served). At reconciliation, if a City with a PAWS shelter coniract
11 cannot demonstrate this, it will not receive the credit. Regardless of how great a PAWS shelter
12 contract cost is, the credit cannot exceed the amount shown here.
13
14 ' 15
16
17 Draft Dated 5-13-10 44
1 Exhibit G5 2
3 Transitional I.icensing Revenue Support Sexvices Provided in 2010
4 '
5 The Gities that will receive Transitional Licensing Revenue Support Services in 2010 are
6 listed below. These Cities have:been selected by defermining which cities in 2009 had .the
. 7, lowest per-capita licensing revenue amorigst all, cities to which t11e County was then
8 providing animal care and confrol services, and (as shown in Exhibit Gl).
9
10 City of Bellevue - -
11 City of Kent
12 Cify of Sea Tac
13 City of Tukwila 14 . City of Enumclaw
15
16` The Transitional Licensing Revenue Support Services to be provided in 2010 are d_etailed
17' , in Section 7 of the Agreement. - The 2010 Estimated Payment for these Cities incorporates
18 tlle estimated revenue expected to result from these services.
Draft Dated 5-13-10 45
1 Exhibit C-6:
2
3 Summary of Calculation Periods for Use and Population Components
4
5 This Exhibit restates in summary table form the Calculation Periods used for calculating
6 the usage and population components in the formulas to derive Estimated Payments. See
7 Exhibit C for complete formulas and definitions of the formula components.
8
9 ER is estimated Licensing Revenue attributable to the City.
10 CFS is total annual number of Calls for Service originating in the City
11 A is the number of animals in the shelter attributable to the City.
12 I is fihe number of active paid regular pet licenses issued to City residents
13 Pop is Population of the City; D-Pop is Population of the City expressed as a percentage of
14 the population of all jurisdictions within a Control District
15
16 Calculation Periods Service Year 2010
Component Estimated 2010 Final Estimated 2010 Reconciliation
Payment Payment Payment Amount
(Exhibit C-1) (determined June
2011)
ER 2007-2009 Same Actua12010
CFS 2007-2009 Same Actua12010
A 2008-2009 Same Actua12010
I 2007-2009 Same Actua12010
Pop, D-Pop July 2009 OFM Same US Census
report, adjusted for (published April
annexations 2011)
known approved
to occur in or prior
to 2010
17
18
19
20
21
22
23
24
25
26
27
Draft Dated 5-13-10 46
1 Calculation Periods Service Year 2011
Comgonent Preliminary Estimated 2011 Reconciliation
Estimated 2011 10 Payment Payment Amount
Payment (published December (determined June
(published August 2010) 2012)
2010)
ER 2007-2009 Same Actual 2011
CFS 2007-2009 Same Actual 2011
A 2008-2009 Same Actua12011
I 2007-2009 Same Actua12011
Pop, D-Pop July 2010 OFM Same (corrected if July 2011 OFM
report, adjusted for necessary for report, adjusted for
annexations annexations approved annexations
known approved after August 2010 and. approved after
to occur in or prior effective during or Apri12011 to take
to 2011. before 2011) effect in 2011
2
3 Calculation Periods: Service Year 2012
Component Preliminary Estimated 2012 Reconciliation
Estimated 2012 10 Payment Payment Amount.
Payntent (published December (determined June
(published August 2011) 2013)
2011)
ER Actua12010 Same Actua12012
CFS Actua12010 Same Actua12012
A Actua12010 Same Actua12012
I Actua12010 Same Actua12012
Pop, D-Pop July 2011 OFM Same (corrected if July 2012 OFM
report, adjusted for necessary for report, corrected if
annexations annexations necessary for
known approved approved after annexations
to occur in 2012. August 2011 and approved after
effective during or Apri12012 to take
, before 2012) effect in 2012
4
Draft Dated 5-13-10 47
1 Exhibit C-7
2
3 Payment and Calculation Schedule
4
5 Service Year 2010 (Jul 1, 2010 - December 31, 2010)
. Itein, ~Date-, . ~ x
Final Estimated 2010 Payment calculation August 1, 2010
rovided to Ci b Coun
2010 Estimated Payment payable by City (or January 15, 2011
Coun , if a credit is calculated)
Reconciliation Adjustment Amount for 2010 On or before June 30, 2011
calculated b Coun ; Ci notified
Reconciliation Adjustment Amount for 2010 August 15, 2011
payable by City (or County, if a credit is
calculated)
6
7 Service Year 2011
Itein - : : Date, .
Preliminary estimate of 2011 Estimated August 1, 2010
Pa ments rovided to Ci b Coun
Final Estimated 2011Payment calculation December 15, 2010
rovided to Ci b Coun
First 2011 Estimated Pa ment due June 15, 2011
Second 2011 Estimated Pa ent due December 15, 2011
2011 Reconciliation Adjustment Amount On or before June 30, 2012
calculated
2011 Reconciliation Adjustrnent Amount August 15, 2012
a able
8
9
10
11
12
13
14
15 16
17
18
19
Draft Dated 5-13-10 48
1 Service Year 2012
Date ~ .
Preliminary estimate of 2012 Estimated August 1, 2011
Payments provided to City by: County,
(together with notice of reminder of
' deadline for giving_notice of intent not-to
' automatically extend Agreement an
,
' ad,ditional two ears.) _
Final Estimated.2012 Payment calculation December 15, 2011
rovided to Ci b Coun
Notice of Intent not to Automatically May 1, 2012
Exfend A eement due
First 2012 Estimated Pa .ment due June 15, 2012
Second 2012 Estimated Pa ent due December, 2012
2012 Reconciliation Adjustment Amount On or before June 30, 2013 :
calculated '
2012 Reconeiliation Adjustment Amount Ori. or before August 15, 2013
a able
2
3 If the Agreement "is extended past December 31, 2012, the schedule is as described above
4 for years2011 and 2012.
5 ' .
6 See Seetion 4 of. Agreement for additional details on Extension of the Agreemenf Term for
7. an additional fwo years.
Draft Dated 5-13-10 49
1 ExhibitD 2 Reconciliation
3 .
4 The purpose of the reconciliation calculation is to adjust payments made each Serviee Year
5 by Contracting Pa'rties to reflect actual use, population, licensing rates and licensing and
6 non-licensuig revenue data as compared to the Estimated Paymenfs made. To accomplish
7 this, an Adjusted Payment "AP" calculation is made each june for eacri Contraeting City;
8 using the same formulas from Exhibit C but substituting actual values as deseribed below.
9 The xesulting AP is an annualized number, and is compared to the total Estunafed
10 Payments owed by the Party for the Service Year ("EP x 2") to determine a Reconciliation
11 Adjustment Amount (uR"). Thus,
12
13 (EP x 2),, AP = R
14 .
15 The value of "R" can be positive or negative; provided that in no event shall a City receiving
16 a Transition Funding Credit for the Service Year pay less than $0 for receipt of Animal 17 Services in that year, and in no event shall a City receiving a, Resident Usage Credit or
18 Impact Mitigation Credit for the Service Year pay less than $2750 for receipt of Animal
19 Services in that year if Bothell is served, nor less than $2,875 for receipt of Animal Services
20 in that year if Bothell:is not served in such year (for Northern Cities with PAWS contracts
21 in effect as of July 1, 2010, calculations are made inclusive of a City's actual payments for -
22 such year to PAWS for shelter services).
23 ,
24 As described in Exhibit C, the amount of the Estimated Payment(s) ("EP") for each Service
25 Year are derived from applying Budgeted Net Allocable Costs and historical
26 (Calculation Period) use, population and licensing data to the formulas set forth in
27 Bxhibit C. These formulas are restated below, substituting actual value components
28 (denoted by an "A" in subscript) for purposes of calculating "AP." Terms not otherwise
29 defined here have the meanings set forth elsewhere in Exhibit C or the body of the
30 Agreement.
31 32 AP=[AC+AS+AL-AR-T-U-M]
33
34 Where:
35 36 AC ={[(CA x.25) x.51 x CFSa.} +{[(CA x. 25) x.51 x D-Popa}
37 .
38 AS (for cities with contracts with PAWS) _(SA x.5 x Popa) - 2 :
39
40 AS (for all other eities) _[SA x.5 x Popa)] ESPa x PopzA) +(Sn x.5 x AA)
Draft Dated 5-13-10 . 50
1
2 AL =[(Ln x.5 x PopA) +(Ln x.5 x In)]
3 ,4 And where:
5
6. "AC" is the City's adjusted share of the C':~ontrol Services Cost for the Service Year. _
7 .
8 uAS" is the City's adjusted share of theShelter Services Cost-for the Service Year.
9
10 "AL" is the City's adjusted share of the Licensing Services Cost for the Service Year.
ll .
12 "T" is the Transidon Funding Credit, if any, for the Service Year, provided that the
13 Trarisition Credit will be limited if necessary so that the value of AP is not less than zero.
.
14
15 "U" is the Resident LTsage Credit, if any, for the Service Year, provided .tliat the Resident
16 Usage Credit will be lirnited if necessary'so that the value of AP is not`less than $2750 for.
17 receipt of Animal Services in that year if Bothell is served and not less than $2,875 fo'r
18 . receipt of Animal Services in that year if Bothell is not served (for Northern Cities with '
19 PAWS eontracts in effect as of July 1, 2010, calculations are made inclusive of a City's
20 aetual payments for such year to PAWS for shelfer services).
21 ,
22 "M"'is the Impact MiHgation Credit; if any, for the Service Year, provided that the Impact
23 Mitigation Credit will be limited if necessary so that the value of AP is not less than $2,750
for "receipt of Animal Services in that year if Bothell is served and riot less than $2,875 for
25 reeeipt of Animal Services in that year if Bothell is not served (for Northern Cities with
26 PAWS contracts in effect as of July 1, 2010, calculations are made inclusive of a City's
27 actual payments for such year to PAWS for shelter services).
28
29 "AR"'.is Actual Licensing Revenue attributable to the City, based on actual Licensing
30 Revenues received from residents of the City in the Service Period. (License Revenue that
31 canriot be attributed to a specifir Party (e.g., License Revenue associated with iricomplefe
32 address information), will be allocated amongst the Parties based on their respective 33 percentages of total AR). 34
35 "CA" is Adjusted Budgeted Net Allocable Control Services Cost for the Service Year,
36 which equals the County's Budgeted Total Allocable Costs for Control:Serviees in the
37 Service Year, less the Actual Total Non-Licensing Revenue attributable to Control Services
38 in the Service Year.
39 Draft Dated 5-13-10 5 j
1 "CFSa" is the actual total annual number of Calls for the Service Year for animal control
2 services originating within the City expressed as a percentage of the CFSn for all Contract
3 Parties within the Control District. [Placeholder. Calls responded to by an Animal Control
4 Officer dedicated to the City per an Enhanced Service Contract are not included in the
5 calculation of CFSa,].
6 .
7 "D=Popn" is the Adjusted Population of the Ciry, expressed as a percentage of the
8 Population of all jurisdictions within the applicable Confrol District. 9 ,
10 "Popn" is the Adjusted Population of the City expressed as a percentage of the Population of
11 all Contracting Parties. :
12
13 "SA" is the Adjusted Budgeted Net Allocable Shelter Services Cost for the Service Year, ~
14 which equals the County's Budgeted Total Allocable Costs for Shelter Services less Actual
15. Total Non-Licensing Revenue attributable to Shelter operations (i.e., adoption fees,
16 microchip fees, impound fees, owner-surrender fees, from all Contracting Parties) in the
17 Service Year.
18
19 "ESPA" is.the: is the sum of all reduced shelter costs allocable to all cities qualifying.for 20 such reduced charge in the Service Year (thus incorporating values of Popn).
21
22 "AA". is the sum of the actual number of animals thaf during the Service Year, were: (1)
23 pieked` up by County Animal Control Officers from within the City, (2) delivered by a City
24 resident to the County shelter, or (3) delivered to the shelter that are owned by a xesident
25 of the City, expressed as a percentage of the total number of animals in the County shelter
26 during the Serviee Year.
27
28 "Lw"is the Adjusted Budgeted Net Licensing Services Cost for the Service Year, which
29 equals the County's Budgeted Total Allocable Costs for License Services in the Service
30 Year less Actual Total Non-Licensing Revenue attributable to License Services (for
31 example,.pet license late fees) in the Service Year.
32 33 "IA"is the actual number of active paid regular pet licenses (e.g., excluding buddy licenses
34 or temporary licenses) issued to City residents during the Service Year.
35 ,
36 If. the resulting calculation shows that the City's AP for the Service Year is less than EP for
37 the Service Year, the difference ("R") shall be paid to the City by,the County not later than
38 . August 15; provided thaf R shall be limited such that in no event shall the City pay less
39 thanzero for Animal Services for the Service Year if the City received a Transition Credit,
40 and not less than $2750 in that year if Bothell is served and not less than $2,875 for receipt
Draft Dated 5-13-10 52
1 of Animal Services in that year if Bothell is not served (for Northern Cities with PAWS
2 contracts iri effect as of July T, 2010, calculatioris are made inclusive of a City's actual
3 payments for such year to PAWS for shelter services).
4 . . .
5 If the resulting calculation. shows that the City's A.P. is. more than_ the EP for the Service
6 Year, the difference ("R") shall be paid by the City to the County not later than August 15.
7
Draft Dated 5-13-10 53
1 Exhibit E ,
2 . . (Optional) 3 .
4 Enhanced Control Services Contract
5 Between City of ("City") and King County ("County")
6
7 The County is prepared to offer enhanced Control Services to the City subject to the terms
8 and conditions as described herein. The provisions of this Exhibit are optional and shall
9 not be effecfive unless this Exhibit is executed by both the City and the County and the .
10 Cify and the County have entered into the'underlying Agreement. The parties may
11 agree to enter into this Enhanced Control Services Contract ("Contract") at any point
12 during the term of the Animal Services Interlocal Agreement between the City and the
13 County dated effective July 1, 2010 ("Agreement") and prior to August 1, 2011.
14
15 A. The County shall provide enhanced Control Services to the City in the form of an
16 animal control officer dedicated to the City ("Dedicated Officer") as described in
17 Attachment A(Enhanced Service Options Matrix). Such services shall be provided for the
18 period of time and cost described on Attachment A and may not be for a term of less than
19 one year except as per subparagraph 1 below. Costs identified in Attachment A are for one
20 (1) year of service, in 2010. dollars, and include the cost of the employee (salary, benefits),
21 equipment and animal control vehicle for the employee's use. Thus, the cost for serviee
22 for July 1 through December 31, 2010 will be one-half the amount shown in Attachment A.
23 Annual costs are subject to adjustment each year, limited by the Annual Budget Inflator
24 Cap (as defined in the Agreement).
25
26 1. Notwithstanding the foregoing, a City may request enhanced control
27 services from July 1, 2010 through December 31, 2010 to bridge the period before the
28 County Executive's proposed criminal justice sales tax goes into effect. If such sales tax is
29 approved by voters, the Contract shall expire as of December 31, 2010. If the sales tax is
30 not approved by voters, the Contract shall remain in effect for such longer period as the ,
31 City has requested (not less than one-year in total).
32
33 B. Services of the Dedicated Officer shall be in addition to the Animal Services otherwise
34 proyided to the City by the County through the Agreement. Accordingly, the calls
35 responded to by the Dedicated Officer shall not be incorporated in the calculation of the
36 City's Galls for 5ervice (as furtYier described in Exhibit C to the Agreement).
37
38 C. The scheduling of work by the Dedicated Officer shall be determined by mutual
39 agreement of the contract administrators identified in Section 16 of the Agreement, and the
40 mutual agreement of offirials of other Cities named as contract administrators that have
Draft Dated 5-13-10 54
1_ committed to sharing in the expense of the Dedicated Officer; provided in the event the
2 parties are unable to agree the County shall have the right to finally determine the
3 schedule of the Dedicated Officer in order to best meet the requests of multiple cities in
4 light of work rules applicable to the Dedicated Officer.
5
6 D. Control Services to be provided to the City pursuant to this Enhanced Services .
7. Contract include Control Services of the type and nature as described under the
8 Agreement with respect to Animal Control Officers serving in Control Districts, and
9 include but are not limited to, issuing written warnings, citations and other enforcement
10 notices and orders on behalf of the City, or such other services as the Parties may
11 reasonably agree.
12
13 E. The County shall provide the City with a general.quarterly calendar of scheduled _
14 service in the City, and a monthly report of the types of services offered and performed.
15
16 F. An FTE will be scheduled to serve 40 hour weeks, however, with loss of hours
17 potentially attributable to vacadon, sick leave, training and furlough days, a miriimum of
18 1600 hours per year will be provided. A half-time FTE will provide a minimum of 800
19 hours per year. The County shall submit to the City an invoice and billing voucher at the
20 end of each quarter. During the"4thquarter of eaeh year during the term of the Agreement,
21 a final invoice shall tie submitted to the City no later than December 15''' of each year.
22
23 G. The City or County may terminate this Enhanced Services Contract with or without
24 . cause upon providing not less than 3 months written notice to the other Party; provided
25 that,, if the City is shaxing the Enhanced Control Services with other Contracting Cities,
26 this Contract may only be terminated by the City if: (1) all such other Contracting Cities
27 similarly agree to terminate service on such date or (2) if prior to such termination date
.28 another. Contracting City or Cities enters into a contract with the County to purchase the
29 Enhanced Control Service that the City wishes to terminate: Provided further: except as
30 provided in Paragraph A.1, a Contract may not be terminated if the term of service
31 resulting is less than one year.
32
33 H. All terxns of the Agreement, except as expressly stated otherwise in this Exhibit, shall
, 34 apply to this Enhanced Control Services Contract. Capitalized Terms not defined herein
35. have those meanings as set forth in the Agreement,
36
37
38 IN WITNESS WHEREOF, the Parties hereto have caused this Enhanced Services Contract
39 to be executed effective as of this day of , 201_.
40
Draft Dated.5-13-10 55
King County City of .
Dow Constantine By:
King County Executive Mayor /City Manager
Date Date
Approved as to Form: Approved as to Form:
DeputyProsecuting Attorney ' City'Attorney
Draft Dated 5-13-10 56
•
1
2 Exhibit E: Attachment A
3 ENHANCED CONTROL SERVICES OPTION REQUEST
4 (to be completed by City requesting Enhanced Control Services, final service terms subject
5 to adjustment by County and agreement by City and will be eonfirmed in writing
6 executed and appended;_to Exhibit E)
7 v..
8 . City
9
10 Requested Enhanced Control Services Start Date:
11
,12 Requested Enhanced Control Services End Date:
13 : *term of service must be at least one yeaz, except as provided in Paragraph A.1(alternate
14 service end date must be provided in event sales tax vote is not approved). 15
16 % of Full Time Equivalent Offiaer (FTE) requested: (minimum request: 20%;
17 requesta must be in multiples of either 20% or 25%)
18
19 General Description of desired services (days, hours, nature of service):
20 21
22
23 24 Cities with whom the City proposes to share the Enhanced Control Services, and
25 proposed percentages of an FTE tliose Cities are expected to request:
26
27
28
29
30.
31 On behalf of the City, the undersigned understands and agrees that the County will
32 attempt to honor requests but reserves the right to propose aggregated, adjusted and '
33 variously scheduled service, including but not limited to. adjusting aliocations of service from
34 increments of 20% to 25%, in*order to develop workable employment and scheduling for 35 . the officers within then-existing workrules, and that the City will be allowed to rescind or .
36 amend its request for Enhaneed.Control Services as a result of such proposed changes.
37 _
38 Requests that cannot be combined to equa150% of an F'TE,100% of an FTE, or some
39 multiple thereof may not be honored; that service must be requested for a minimum
40 terin of one-year, except as permitted by Paragraph A,1; and that service may not extend
41 beyond the term of the Agreement.
Draft Dated 5-13-10 57
;
1
2 City requests that alone or in combination with requests of other Cities equal at least
3 50% of an FTE of ari FTE will be charged according Column 1 below.
4 -
5 City requests that alone or in combination with other requests for Enhanced Conirol
~.6 Services equal 100% of an FTE will be charged at the rate in Column 2 below.
7
8 Cities may propose a different allocation approach for County consideration_ .
9
10 An FTE will be scheduled to serve 40 hour weeks, however, with loss of hours potentially.
11 attributable to vacation, sick leave, training and furlough days, a minimum of 1600 hours
12 per year will be, provided. A half-time FTE will provide a minimum of 800 hours per: year.
13 For example, a commitment fo purchase 20% of an FT'E for enhanced service will result in
14 provision of not less than 320 hours per year.
15
16 Hours of service lost for vacation, sick leave, training and furlough days will be allocated
17 on pro rata basis between all cities sharing the services of that FTE. .
18
Column 1: Column 2:
Aggregate of 50% of an FTE Requested by Aggregate of 1 FTE Requested by all
. all Partici atin Cities Partici atin Cities
Cost to City: of Half-Time FTE Cost to City: of FTE requested) x
requested) x$75,000/year in2010"' $115,000/year in 2010 *
Example: if City A requests 25% of an Example: If City A requests 25% of an FTE
FTE and City B requests 25% of an and City B requests 25% of an FTE and
FTE*'F, then each city would pay $18,750 City C requesfs 50% of an FTE, Cities A
for Enhanced Control Services from July 1, and B would pay $14,375 and City C
2010 through December 31, 2011. would pay $28,750 for Enhanced Control
Services from July 1, 2010 through **(50% of a Half-Time FTE) December 31, 2011.
19 *2010 annual cost; subject to annual inflator adjustrnent as described in Paragraph A. 20
21 Request Signed as of this _ day of , 2010. 22 City of .
23 By:
24 Its
25
Draft Dated 5-13-10 58