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HomeMy WebLinkAbout4602 RESOLUTION NO. 4 6 0 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF AUBURN AND KING COUNTY FOR ANIMAL SERVICES WHEREAS, PURSUANT TO Resolution 2542 the City of Aubum ("City") has c.ontracted with King County for the performance of animal senrices within the City; and WHEREAS, on March 26, 2010, King County provided the City a letter terminating the contract effective June 30, 2010 due to budget considerations; antl WHEREAS, the King Counfy Council directed the Executive to enter info a new; full cost recovery contract by June 30, 2010; and WHEREAS, the City desires to continue to contract with King County for the performance of animal services within the City through at least December 31, 2012; and WHEREAS, it is in the public interest foc the City of Aubum and King County to enter into an Interlocal Agreement for animal services. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, KING COUNTY, WASHINGTON, HEREBY RESOLVES as follows: Section 1. The Mayor of the City of Aubum and the Auburn City Clerk are hereby authorized to execute an Interlocal Agreement with King County for Resolution No. 4602 June 1, 2010 Page 1 of 2 animal services effective July 1, 2010, which Agreement shall be in substantial conformity with the Agreement a copy of which is attached hereto, marked as Exhibit "A" and'incorporated herein by this reference. Section 2. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry. out the directives of this legislation. Section 3. This resolution shall be in full force and effect upon passage and signatures hereon. i Dated and signed this z~) ~ day of , 2010. CI ~ PETER . LEWIS MAYOR ATTEST`. D ielle E. Daskam, City Clerk APP OVED TO FORM: niel B. e` , Gity Attorn Resolution No. 4602 June1, 2010 Page 2 of 2 Animal Services Interlocal Agreement ~ This AGREEMENT is made and entered into this 15t day of July, 2010, by and between KING COUNTY, a Washington municipal corporation and legal subdivision of the State of Washington (the "County") and the City of Auburn, a Waslvngton municipal corporation (tlie "City"). . WH-EREAS, the provision of animal control, sheltering and licensing serviees protects publichealth and safety and promotes animal welfare; and WHEREAS, providing such services on a regional basis allows for enhanced coordination and tracking of regional public and animal health issues, consistency of regulatory approach across jurisdictional boundaries, economies of scale, and ease of system access for the public; and WHEREAS, the City pursuant to the Interlocal Cooperation Act (RCW Chapter 39.34), is authorized and desires to contract with the County for the performance of Animal Services;and. WHEREAS, the County is authorized by the Interlocal Cooperation Act, Section 120 of the King County Charter and King County Code 11.02.030 to render such services and is willing to render such services on the terms and conditions hereinafter set forth; and WHEREAS, the County is offering a similar form of Animal Services Interlocal Agreement to all cities in King County other than the City of Seattle, and has received a statemenf of ; intent to sign such agreement from all Cities listed in Exhibit G1 to this Agreement; NOW THEREFORE, in consideration of the promises, covenants and agreements - contained in this Agreement, the parties agree as follows: 1: Definitions. Unless the context cleazly shows another usage is intended, the following terms shall have these meanings in this Agreement: a. "Agreement" means this Animal Services Interlocal Agreement between the Parhies including any and all Exhibits hereto, unless the context cleazly indicates an intention to reference all such Agreements by and between the Contracting Parties. b. "Anunal Services" means Control Services, Shelter Services and L'icensing Services combiried, as tllese services aze described in Exhibit A. Document Dated 5-31-10 1 , c. "Enhanced Control Services" aze additional Control Services that the City may purchasQ under certain terms and conditions as described in Exhibit E (the "Enhance Control Services Contract"). d. "Contracting Cities" means all cities that are parties to an Animal Services ,-Interlocal Agreenient that has gone into effect as of July 1, 2010, per Section 15. e. "Parties" means the City and the County. - f. "Contracting Parties" means all Contracting Cities and the County. g. "Estimated Payment" means the amount the City is estimated to owe to the County for the provision of Animal Services over a six month period per the formulas set forth in Exhibit C. The Estimated Payment calculation may result in a credit to the City payable by the County. h. "Preliminary Estimated 2010 Payment" means the preliminary estimate of the amount that will be owed by (or payable to) each Contracting Party on January 15, 2011, as shown on Exhibit C-1 i. "Final Estimated 2010 Payment" means the amount finally determined and owed by each Contracting Party, on January 15, 2011, based on the number of Contracting Cities with respect to which the Agreement goes into effect per Section15. j. "Control District" means one of the four geographic areas delineated in Exhibit B for the provision of Animal Control Services. • k. "Reconciliation Adjustment Amount" means the amount payable each August 15 (commencing 2011) by either the City or County as determined per the reconciliation process described in Exhibit D in order t_o reconcile the Esfiimated Payments made for the prior Service Year as compared to actual cost, revenue, population and usage data for such Service Year, so that Cities pay for Animal Services based on actual (rather than estimated) data. 1. "Service Year" means the calendar year in which Animal Services are or were provided; provided that in 2010, the Service Year is the period from July 1, 2010 - December 31, 2010. 2. Services Provided. The County will provide the City with Animal Services described in Exhibit A. The County will perform these services consistent with governing City ordinarices adopfed in accordance with Section 3. In providing such Animal Services consistent with Exhibit A, the County shall have sole discretion as to the staffing assigned to receive and dispatch calls and shall be the sole judge as to the most expeditious, efficient and effective manner of handling and responding to calls for Anirnal Services. Except as set forth in Section 9(Indemnification and Hold Harmless), services to be provided by t11e County pursuant to this Agreement Document DatedS-31-10 2 do not include legal services, which shall be provided by`the City at its own expense. a. Enhanced Control Services. The City may request Enhanced Control . Services by completing and submitting Exlubit E to the County at any time before August 1; 2011. Enhanced Services will be,~rovided subject to the - terms and conditions described in Exhibit E. As further detailed in Exhibit . E, if a request for Enhanced Control.Service is made after the commencement of this Agreement, the Counry shall decide when and if the service begins based bn the necessity for and ability of the County to hire additional staff to provide the service and the incr.ement of senrice requested. I. City Obligations. a. Aninial Regulatory Codes Adopted. The City shall promptly enact an . ordinance or resolution that includes license, fee, penalty, enforcement, impound% redemption and sheltering provisions that are substantially the same as those of Title 11 King County Code as now in effecf or hereafter amended (hereinafter "the City Ordinance"). The City shall advise the County of any City animal caze and control standazds that differ from those _ of the County. b. Authorization to Act on Behalf of Citv. The City authorizes the County to act • on its behalf in undertaking the following: i. Determining eligibility for and issuing licenses under the terms of the City Ordinance, subject to the conditions se't forth in such laws. u. Enforcing the terms of the City Ordinance, including the power to - issue enforcement notices and orders and to deny, suspend or revoke licenses issued thereunder. iii. Conducting administrative appeals of those County licensing determinations made and enforcement actions taken on behalf of the City. Such appeals shall be considered by the King County Board of. Appeals unless either the City or the County determines that the particulaz matter should be heard by the City. iv. Nothing in this Agreement is intended to divest the City of authority to independently undertake sueh eriforcement actions as it deems appropriate to respond to alleged violations of City ordinances. c. Cooperation and .Licensing Support. The City will assist the County in its efforts to inform City residents regarding animal codes and regulations and licensing requirements and will promote the licensing of pets by City residents through various means as the City shall reasonably determine, including but not limited to offering the sale of pet licenses at City Hall, mailing information to residents (using existing City communication Document Dated 5-31-10 3 mechanisms suc11 as utility bill inserts or community newsletters) and posfing a weblink to the.County's animal licensing program on the City's official website. The City will provide accurate and timely records regazding all:pet license sales processed by the City to the County; all proceeds of such sales~shall be4emitted to the County by the City on a quarterly basis (nolater than eaeh March 31, June 30, September 30, and December 31). 4. Term. Tliis Agreement will take effect on July, l, 2010 and unless extended pursuant to Subparagraph 4.a below, shall remain in effect for a term of two and one-half yeazs ending on December 31, 2012. Notwithstanding anything in this section to the contrary, this Agreement sfiall remam in effect for only 60 days if the Minimum Cont=acting Requirements in Sectibn 15 (Terms to Implement Agreement) are not met. The Agreement may not be terminated for convenience. a. Extension of Term. i. Automatic Extension of Agreement. This Agreement. shall be automatically extended for an additional two year term, ending on _ December 31, 2014; provided that such an automatic extension shall not occur if any Contracting Party has provided a written Notice of . Intent to Not Automatically Extend as provided in subsection (u) below. u. Notice of Intent to Not Automaticallv Extend. Any Pazty may chose to not automatically extend its Agreement by providing a written notice, of such intent to the other Party no later than May 1, 2012. The County . will include a written reminder of this May 1 deadline when providing the City notice of its 2012 Estimated Payments (notice due December 15, 2011 per Section 5). iii. Process for Agreed Extension. Upon receiving or issuing a Notice of Intent to Not Automatically Extend pursuant to subsection (ii), the County shall arrange for the Contracting Parties to meetno later than June 1, 2012, in order to confer on whether they wish to extend their respective Agreements given revised costs and other implications, resulting firom the potential reduced number of Contracting Parties. Contraeting Parties wishing to extend their respective Agreements through December, 31, 2014 may mutually agree in writing to do so by no later than July 1, 2012. Absent such an agreed extension, the Agreement shall terminate on December 31, 2012. 5. Compensation. The Counfy will develop an Estimated Payment calculation for each Service Year using the formulas described in Exhibit C, and shall transmit the Document Dated 5-31-10 4 , payment information to the City according to the schedule described below. The - County will also calculate and inform the City as to the Reconciliation Adjustment " Amount on or before June 30 of each year, as described in Section 6 below and Exhibit D, in order to reconcile the Estimated Payments made by the City in the - prior Service Year. The City (or County, if applicable) will -pay the Estimated Payment, and any applicable Reconciliation Adjustment Amounts, as and when _ described as follows (a list of all payment-related. notices and dates is included, at - Exhibit C-7): a. Service Year 2010: Animal Serviees Provided from Tuly 1 through December , 31,2010. On or'before August 1, 2010, the County shall provide notice to each Contracting Party of the Final Esfimated 2010 Payment schedule. The Final Estimated 2010 Payment will be derived from ttle Preliminary Estimated 2010 Payment Amount sefi forth in Exhibit Gl, adjusted based on - the final Contracting Cities. The City shall pay the County the Final ' Estimated 2010 Payment on ar before January 15, 2011; provided that, if the calculation of the Final Estimated 2010 Payment shows the City is entitled to receive a payment from the County, the County shall pay the City the amount owing on or before such date. The County will issue a notice of the City's Reconciliation Adjustment Amount for Service Yeaz 2010 on or.before June 30, 2011. The Reconciliation Adjustment Amount shall be payable on:or - before August 15, 2011. b. Service Years after 2010. i. Initial Estimate by August 1. To assist the City with its budgeting process, the County shall provide the City with a non-binding, preliminary estimate of the Estimated Payments for the upcoming Service Year on or before each August 1. u. Estimated Paynent Determined by December 15. The Estimated Payment amounts for the upcoming Service Year will be determined by the County following adopdon of the County's budget and applying the formulas in Exhibit C. The County will by December 15 provide written notice to all Contracting Pazties of the schedule of Estimated Payments for the upcoming Service Yeaz. ui. Estimated P.ayments Due Each Tune 15 and December 15: The City shall pay the County the Estimated Payment Amount on or before each June 15 and December 15._ If the calculation of the Estimated Payment shows the City is entitled to receive a payment from the County, the County shall pay the City such amount on or before each June 15 and December 15. Document Dated 5-31-10 5 iv. The Reconciliation Adjustment Amount for the prior Service Year - shall be payable on or before August 15 of the following calendar ' yeaz, as descnbed in Section 6. v. If a Party fails to pay an Estimated Payment or Reconciliatian -AdjustinentAmaunt within 15 days of the date owed, the Party owed,' shall notify.the owing Party which shall have ten (10) days to cure non-payment. In the event the Party fails to cure its nonpayment, the amount owed shall accrue mterest theieon at the rate of 1% per month ftom and after the original due date and, in the event the nonpaying Party is the Citq, the County at its sole discretion may withhold provision of Animal Services to tYie City until all outstanding amounts are paid. In the event the nonpaying Party is the County, the City may withhold future Estimated Payments until all outstanding amounts are paid. Each Party may examine the other's books and records to verify charges. vi. Unless the Parties otherwise direct; payments shall be submitted to the addresses nofed at Section 14.h. - c. Payment Obligation Survives Exl2iration or Termination of:Agreement. The obligation of the City (or as applicable, the County), to pay an Estimated Payment Amount or Reconciliation Adjustment Amount for a Service Yeaz included in the term of this Agreement shall survive the Expiration or - Termination of this Agreement. For example, if this Agreement terminates on December 31,2010, the Final Estimated 2010 Payment is nevertheless due on or before January 15, 2011, and the Reconciliation Adjustment Amount shall be payable on or before August 15, 2011. d. The Parties agree the payment and reconciliation formulas in this Agreement (including all Exhibits) are fair and reasonable: 6. Reconciliation of Estimated Payments and Actual Costs and Revenues. In order that the Contracting Parties "share costs of the iegional Animal Services system based on their actual, rather than estimated, use of Animal Services, there will be an annual reconciliation of actual costs and usage. Specifically, on or before,June 30 of each year, the County will reconcile amounts owed under this Agreement for the prior Service Year by comparuig each Contracting Party's Estimated Payments to the amount derived by recalculating the formulas in Exhibit C using actual cost, revenue, usage and population data for such Service Period as detailed in Exhibit D. The County shall provide the results of the reconciliation to all Contracting' Parties in writing on or before June 30. The Reconciliation Adjustment Amount shall be payable on August 15 of the then current yeaz, regardless of the prior termination of the Agreement` as per Section 5.c. Dceument Dated 5-31-10 6 7. Transitional Licensing Revenue Support Sexvices. The County will provide . ` enhanced licensing marketing services in 2010 as descnbed in this section to the five , cities with the lowest per=capita rates of licensing revenue shown on Exhibit G5 (the "Licensing Revenue Support Cities"),. but any,. such city shag receive these services only if the effective term (determined per Section 15) of its specific Agreenlent is for two- and one half yeazs. a. The mazketing support services include; on a"per unit" basis, approximately ' $20,000 in County staff and materials support (which may include use of _ volunteers or other in-kind support) and is estimated to generate 1,250 new licenses (equivalent to approximately $30,000 in licensing revenue). i. Licensing Revenue Support Cities over 100,000 in population will each receive two units of enhanced licensing marketing support. - ii. Licensing Revenue Support Cities less than 100,000 in population will share in one unit of enhanced lieensing marketing support. b. Receipt of a unit of licensing revenue support is subject to the receiving City providing in-kind services, including but not limited to: assisting in communication with Cityxesidents; publicizing any canvassing efforts the Parties have agreed should be implemented; assistance in recruiting canvassing staff, if applicable; and providing information to the County to assist in targeting its canvassing activities, if applicable: ` 8: Mutual Covenants/Independent Contractor. Both Parties understand and agree that the County is actixig hereunder as an independent contractor with the intended following results: a. Control of County personnel, standards of performance, discipline, arid all : other aspects of performance shall be governed entirely by the County; - b. All County persons rendering service hereunder shall be for all purposes employees of the County, although they may from time to time act as commissioned officers of the City; c. The Counry contact person for the City regazding citizen complaints, service requests and general information on animal control services is the 1Vlanager of Regional Animal Services. 9. Indemnification and Hold Harmless. a. City Held Harmless. The County shall indemriify and hold harmless the City and its officers; agents, and employees, or any of them from any and all claims, actions, suits; liability, loss, cosfs, expenses, and damages of any nature whatsoever, by any reason of or azising out of any negligent act or omission of the Couniy, its officers, agents, and employees, or any of them Document Dated 5-31-10 7 relating to or arisirig out of performing services pursuant to this Agreement. In the event that any such suit based upon such a claim, action, loss, or daznages is brought against the City, the County shall defend, the same at its sole cost and expense; provided that the City reserves the right to pazticipate in said suit if any priiaople of governmental or public law is involved; and if final judgment in said suit be rendered against the City, and its officers, agents, and employees, or any of them or jointly against the City and the County and their respective officers, agents, and employees, or any of them, the County shall satisfy the same. b. .Countv Held Hazmless. The City shall indemnify and hold harmless the County and its officers, agents, and employees, or any of them from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, by any reason of or arising out of any negligent act or omission of the City, its officers, agents, and employees, or any of them relating to or azising out of performing services pursuant to this Agreement. In the event that any suif based upon such a claim, action, loss, or damages is brought against the County, the City shall defend the same af its sole cost - and expense; provided that the County reserves the right to participate in , said suit if any principle of governmental or public law is involved; and if final judgment be rendered against the Counry, and its officers, agents, and employees, or any of them, or jointly against the County and the City and their respective officers, agents, and employees, or any of them, the City shall satisfy the same. c. Liability Related to City Ordinances, Policies, Rules and Re ations. In executing this Agreement, the County does not assume liability or responsibility for or in any way release the City from any liability or responsibility that arises in whole or in part as a result of the application of City ordinances, policies, rules or regulations that aze either in place at the time this Agreement takes effect or differ from those of the County; or thaf azise in whole or in part based upon any failure of the City to comply with applicable adoption requirements or procedures. If any cause, claim, suit, action or adrninistrative proceeding is commenced in which the enforceability and/or validity of any such City ordinance, policy, rule or regulation is at issue, the City shall defend the same at its sole expense and, if judgment is entered or damages are awarded against the City, the County, or both, the City shall satisfy the same, including all chargeable costs and reasonable attorney's #ees. d. Waiver Under Washington Industrial Insurance Act. The foregoing indemnity is specifically intended to constitute a waiver of each party's Document Dated 5-31-10 8 nnmunifiy under Washington's Industrial Insurance Act, Chapter 51 RCW, as . respects the other party only, and only to the extent necessary to provide the indemnified party with a full and complete indemnity of claims made by the indemnitor's employees. The parties acknowledge that these provisions were specifically negotiated and agreed upon by them. - 10: Dispute Resolutioa Whenever any dispute arises between the Pazties or between , tYie Contracting Parties under this Agreement which is not resolved by routine meetings or communications, the disputing parties agree to seek resolution of such dispute in good faith by meeting, as soon as feasible. The meeting shall include the . , Chief Executive Officer (or his/her designee) of each party involved in the dispute and the Manager of the Regional Animal Services Program. If the parties do not come to an agreement on the dispute, any party may pursue mediation through a =-process to be mutually agreed to in good faith between the parties within 30 days, which may include binding or nonbinding decisions or recommendations. The mediator(s) shall be individuais skilled in the legal and business aspects of the subject matter of this Agreement. The parties to the dispute shall share equally the costs of inediation and assume their own costs. 11. Joint City-County Committee and Collaborative Initiatives. A committee composed of 3 counry representatives (appointed by the Countyy and one representative from each City that has signed a like Agreement and chooses to appoint a representative shall meet not less than twice each year. Comnuttee members may not be elected officials. The Committee shall review service issues and make recommendations regazding efficiencies and improvements to services and shall review and make recommendations regarding the conduct and findings of the collaborative initiatives identified below. Subcommittees to focus on iridividual initiatives may be formed, each of which shall include membership from both county and city members of the Joint City-County Committee. Recommendations of the Joint City-County Committee are non-binding. The collaborative initiatives to be explored shall include: a. Proposals to update animal services-codes, including fees and penalties, as a means to increase revenues and incentives for residents to license, retain, and caze for pets. b. Exploring the practicability of engaging a private for-profit licensing system operator. c. Pursuing linkages between County and priyate non-profit shelter and rescue operations to maximize opportunities for pet adoption, reduction in homeless pet population, and other efficiencies. Document Dated 5-31-10 9 d. Promoting licensing through joint marketing activities of cities and the County, including rec"ommending where the County's rnarketing efforts will be deployed each year. e. Exploring options for increasing service delivery efficieneies across the board. - , _ f. Studying options for repair and/or replacement of the Kent Shelter. g. Reviewing results of a compensation and classification study which the County agrees to complete by July 1, 2011, benchmarking the County's Anunal Services staffing policies as compared to other publicly operated animal services systems. . h. Review the results of the County's calculation of the Reconciliation . Adjustment Amounts. i. Reviewing preliminaryproposed budgets for Animal Services. j. Providing input into the formatting, content and details ofperiodic system reports as per Section 12 of this Agreement. k. Reviewing and providing input on proposed Animal Services operational - initiatives. 12. Reporting. The County will provide the City with. an electronic report not less than twice each year summar;zing call response and system usage data for each of the Contracting Cities and the County and the Animal Services system. The formatting, content and details of the report will be developed in consultation with ; the Joint City-County Committee. ' 13. Amendments. Any amendments to this Agreement must be in writing. This Agreement may be amended upon approval of the County and at least two thirds (66%) of the legislative bodies of all other Contracting Parties to this Agreement (in both number and in the percentage of the prior total Estimated Payments owing from such Contracting Parties in the then current Service Year), evidenced by the- . authorized signatures of such approving Parfiies as of the effective date of the - amendment; provided that any amendment to this Agreement affecting the Party, contribution responsibilities, hold harmless and indemnification requirements, provisions regarding duration, termination or withdrawal, or tlie conditions of this Section shall require consent of the legislative authorities of all Parties. 14. General Provisions. a. Other Facilities. The County reserves the right to contract with other shelter service providers for,housing animals received from within the City or from City residents, whose levels of service meet or exceed those at the County Document Dated 5-31-10 10 shelter for purposes of addressing shelter overcrowding or developing other means to enhance the effectiveness, efficiency or capacity of the animal care and sheltering system within King County. b. Severabilitv. The invalidity of any clause, sentence, pazagraph, subdivision, secti.on or portion thereof, shall not affect the validity of the reniainin.g provisions of the Agreement. c. Survivabilitv. Notwithstanding any provision in this Agreement to the contrary, the provisions of Section 9(Indemnification and Hold Harmless) shall remain operative and in full force and effect, regazdless of the withdrawal or termination of this Agreement. d. Waiver and Remedies. No term or provision of this Agreement shall be deemed waived and no breach excused unless such waiver or eonsent shall be in writing and signed by the Party claimed to have waived or consented. Eailure to insist upon full performance of any one or several occasions does not constitute consent to or waiver of any later non-performance nor does payment of a billing or continued performarice after notice of a deficiency in performance constitute an acquiescence thereto. The Parties are entitled to all remedies in law or equity. e. Grants. Both Parties shall cooperate and assist each other toward procuring grants or financial assistance from governmental agencies or private benefactors for reduction of costs of operating and maintaining Animal . Services programs and the caze and treatment of animals in those programs. f. Force Majeure. In the event either Party's performance of any of the provisions of this Agreement becomes impossible due to waz, civil unrest; and any natural event outside of the Party's reasonable control, including fire, storm, flood, eazthquake or other act of nature, that Party will be . excused from performing such obligations until such time as the Foree Majeure event has ended and all facilities and operations have been repaired and/or restored. g. Entire Agreement. This Agreement represents the entire understanding of the Parties and supersede5 any oral representations that are inconsistent with or modify its terms and conditions. h. Notices. Except as otherwise provided in this Agreement, any notice required to be proyided under the terms of this Agreement shall be delivered by certified mail, retum receipt requested or by persanal service to the following person: For the City: Mayor Peter B. Lewis City of Auburn - 25. W. Main Street Auburn, Washington 98001 Document Dated 5-31-10 11 For the County: Caroline Whalen, Director King County Dept. of Executive Services 401 Fifth Avenue, Suife 610 Seattle WA. 98104 i. Assignment. No Parfy may sell, transfer or assign any of its rights or benefits under this Agreement without the approval of the other Party. j. ; Venue. The Venue for any action related to this Agreement shall be in Superior Court in and for:King County, Washington. k., Records. The records and documents with respect to all matters covered by this Agreemenf sliall be subject to inspection and review by the County or City for such period as is required by state.law (Records Retention Act, Ch. , 40.14 RCW) but in any event for not less than 1 year following the expiration or tprm;nation of this Agreement: ~ 1. No Third Partv Beneficiaries. This Agreement is for the benefit of the Parties ` only, and no third party shall have any rights hereunder. m. CounterRarts. This_Agreement and any amendments thereto, shall be ezecuted on behalf of each Party by its duly authorized representative and pursuant to an appropriate motion, resolution or ordinance. The Agreement 'may be executed in any number of counterparts, each of which shall be an original, but those counterparts will constitute one and the same instrument. 15. Terms to Implement Agreement. Because it is unknown how many parties willultimately approve the Agreement, and pazticipation of each Contracting Party impacts the costs of all other Contracting Parties, the Agreement will go into effect : for the full proposed two and a half year term only if certain Minimum Contraching -7-' Requirements are met or waived as described in this section; provided further, that if such eonditions aze not met, then the Agreement will go into effect for a six month term per subparagraph (c) or a 60-day emergency period as provided for below under subparagraph (d): The Minimum Contracting Requirements include: a. For both the Cifiy and the County: i. 2010 Payment Test: The Final Estimated 2010 Payment, calculated including the :County and all Cifiies that have executed the Agreement prior to July 1, 2010 (regardless of whether such Contracting Parties have opted for a 6 month ar 2.5 year initial term), does not exceed the Preliminary Estimated 2010 Paynient as set forth in Exhibit Gl by more than five percent (5%) or $3,500, whichever is greater. Either ` Party may waive its failure to meet this test in order to allow the Agreement to go into effect for the 6 month term. Document Dated 5-31-10 12 u. Implied 2011 Payment Test In addition, if the City has agreed to an . initial term of 2.5 years, the Final Estimated 2010 Payment, calculated , including the County and those Cities that have similarly. opted for an Initial Term of 2.5 years, does not exceed the Preliminary Estimated : 2010 Payment shown for the Party in Exhibit G1(A) by mare than five percent (5%) or $3,500, whichever is greater. Either Party may waive its failure to meet this test in order to allow the Agreement to . go into effect for the 2.5 yeaz texm: , b. For the County: the Minimum Contiguity of Service Condition must be met, such that the County is only obligated to enter into the Agreement if the County will be providing Animal Services in areas contiguous to the City, whether by reason of having an Agreement with another City or due to the fact that the City is contiguous to unincorporated azeas (excluding - unincorporated islands within the City limits). The Minimum Contiguity of Service Condition may be waived by the County in its sole discretion. c. Term of Agreement Limited to Six Montlis if Implied 2011 Payment Test Not Met: If the County's Minimum Contiguity of Service Requiremenf is met or waived by the County and the 2010 Payment Test with respecf to both . Parties is met or waived, but the 2011 Test is nof inet or waived for both Parties, then the Agreement shall take effect for a term of only six months (expiring December 31, 2010). - d. Emergency 60-day agreement. Notwithstanding the foregoing, if the 2010 _ Payment Test is not met, then regardless of whether the County's Minimum Contiguity of Service Requirement is met; this Agreement shall go into effect on july 1, 2010, on an emergency basis for a period of 60-days, terminating August 31, 2010. The City shall by January 15, 2011, pay the Final Estimated 2010 Payment calculated in accordance with Section 6.a, pro-rated to reflect the 60 day (rather than 6-month) term, proyided further that there will be no reconciliation of the Estimated Payment amounts so paid. 16. Administration. T'his.Agreement shall be administered by the County Administrative Officer or his%her designee, and by Mayor Peter B. Lewis, or his/her designee. H - Document Dated 5-31-10 13 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed effective as of July 1, 2010.. ub. _ King County . - Dow Constantine Peter B. Lewis King County Executive Mayor JUN 2 Y 2010 4idAt . Date Date Appr e as to Form: Approved as to Form: , King County City Attorney Deputy Prosecuting ttorney . Date D61 Document Dated 5-31-10 14 List of Exhibits Exhibit A: Animal Services Description Exhibit-B: Control Services District Map Description Exhibit B-1: Map of Control Service District, as initially applicable Exhibit B-2: Map of Control Service Districts beginning January 1, 2011 Exhibit C: Calculation of Estimated Payments Exhibit G1: Preluninary Estimated2010 Payment (Annualized) (showing _ participation only by those jurisdictions that have expressed interest as of May 27; 2010 in confracting for either 6 months or2.5 years)) Exhibit G1(A): "Implied 2011" Estimated Payments for purposes of Section 15.a.2 (2010 Estimated Payment (Annualized) showing participation only of those jurisdictions that indicated they are seeking a 2.5 . . year Agreement-Actual Estimated 2011 Payments will be different, based on adjustments for 2011 Budgeted Tota1 Allocable Costs, revised Revenue " estimates, and application of Budget Inflator Cap) Exhibit G2: Population, Calls for Service, Shelter. Use and Licensing Data for Jurisdictions, Used to Derive the Preliminary and Final Estimated 2010 Payment ~ Exhibit C-3: Calculation of Budgeted Total Allocable Animal Services Costs, Budgeted Total Non-Licensing Revenue and Budget Net Allocable Animal Services Cosfs for 2010 Exhibit C-4: Transition Credit, Resident Usage Credit and Impact Mitigation Credif Calculation and Allocation Exhibit G5: Cities receiving Transitional Licensing Revenue Support in 2010 Exhibit C-6: Summary of Calculation Periods for Use and Population , Components Exhibit C-7: Payment and Calculation Schedule Document Dated 5-31-10 15 . ' . . . . . Exhibit D: Reconciliation Exhibit D-1: Calculation of Support Cost Adjustinent Factor Associated with Enhanced Control Service ("O") Exhibit E: Enhanced Control Services Contract (Opdonal) s ; Document Dated 5-31-10 - 16 , ~ Exhibit A Animal Service DescrijRti011 Part I: Control Services , .,-Control ServiCes incIude the operation of a public call center, the dispatcli of animal " control officers in response to calls, and the handling of calls in the field by animal control officers, including the collection and delivery of animals to the Kent Shelter (or such other shelters as the County may utilize in accordance with this Agreement). 1. Call Center a. The County will operate an animal control call center Monday through Friday every week (excluding holidays and County-designated furlough days, if applicable) for. a m;n;mum of eight hours per day (normal business hours). The County may adjust the days of the week the call center operates based on the final choice of Control District service days. b. The animal control call center will provide callers with guidance, education, options and alternative resources as possible/appropriate. c. When the call center is not in operation, callers will hear a recorded message referring them to 911 in case of emergency, or if the event is not an emergency, to either leave a message or call back during regular business hours. - 2. Animal Control Officers a. The County will divide the area receiving Control Services into Control Districts. Each of the geographic Control Districts, as shown on Exhibit B will be staffed with one Animal Control Officer (ACO) five consecutive days- -per-week (such days to be selected by the County) for not less than eight ~ hours per-day ("Regulaz ACO Service Hours"), subject to the limitations provided in this Section. Except as tlle County may in its sole discretion determine is necessary to protect officer safety, Animal Control Officers shall be available for responding to calls within their assigned Control District and will not be generally available to respond to calls in other Control Districts. Exhibit B-1 shows the map of Control Districts for the period from July 1 through December 31, 2010; Exhibit B-2 shows the map of Control Districts for the period after 2010. The daily eight-hour service period shall be determined by tlie County and shall start not earlier than 7 a.m. and end not - later than 7 p.m. Count3rwide, the County will have a total of not less than 6 Animal Control Officers (Full-Time Equivalent employees) on staff to maximize the ability of the County to staff each Control District notwithstanding vacation, sick-leave; and other absences, and to respond to high workload areas on a day-to-day basis. While the Parties recognize that Document Dated 5-31-10 17 the County may at times notbe able to staff all Control Districts as proposed given unscheduled sick leave or vacancies, the County will make its best efforts to establish regular hourly schedules and vacations for Animal : Control Officers in order to muumize any such gaps in coyerage. In the event of extended absenees among the 6..Animal Control Officers, the County. , will re-allocate.rema;ni„g Animai Control Officers as practicable in order to balance the hours of se=vice available in each Control District. b. Control District boundaries have been designed to balance work load; correspond to juTisdictional boundaries and facilitate expedient transportation access across each district. The County will provide for a location for Animal Control vehicles to be stationed overnight in both north : and south King County. c. The County will use its best efforts to ensure that High Priority Calls are " responded to by an Animal Control Officer during Regular ACO Sexvice Hours on the day such call is received. The County shall retain full _ discretion as to the order in which High Priority ca1Ls aze responded. High . . Priority Calls include those calls that pose an emergerit danger to the community, including: 1. Emergent animal bite, 2. Emergent vicious dog, 3. Emergent injured animal, 4. Police assist calls -(police officer on scene requesting assistance from an Animal Control Officer), 5. Emergent loose livestock or other loose or deceased animal that poses a potential danger to the community, and 6. Emergent animal cruelty. d. Lower priority calls include all calls that aze not High Priority Calls. These calls will be responded to by the call center staff over the telephone, referral to other resources, or by dispatching of an Animal Control Officer as necessary or available, all: as determined necessary and appropriate in the sole discretion of the County. Particulazly in the busier seasons of the yeaz (spring through fall), lower priority calls may only receive a telephone response from the Call Center. Lower Priority calls are non-ernergent requests for service, including but not limited fo: 1. Non-emergent high priority events, 2. Patrol request -(Animal Control Officer requested to patrol a . specific area due to possible code violations), 3. Trespass, 4. Sfray Dog/Cat/other animal confined, 5. Barking Dog, Document Dated 5-31-10 18 6. Leash Law Violation, 7. Deceased Animal, 8. Trap Request, 9. Female animal in season, and 10. Owner's Dog/Cat/other animal confined. , . e. In addition to the Animal Control Officers serving specific districts, the following Control Service resources will be available on a shared basis for all Parties arid shall be dispatched as deemed necessary and appropriate by the County. 1. An ariimal control sergeant will provide oversight of and back- up for Animal Control Officers five days per week at least 8 , hours/day (subject to vacation%sick leave/training/etc). 2. An Animal Cruelty Sergeant will be on staff at least 40 hours . per week to respond to animal cruelty cases and prepare related reports (subject to vacation/sick leave/training/etc.). 3. Two Animal Control Officers will be on call every day at times that are not Regulaz ACO Service Hours (including the two days per week that aze not included within Regulaz ACO Service Hours), to respond to High Priority Calls posing an extreme life and safety danger, as determined by the County. f. The Parties understand that rural areas of the County will generally receive, a less rapid response time from ACOs than urban areas. g. Cities may contract with King Counry for "Enhanced Control Services" through separate agreement (as set forth in Exhibit E). ParE II: Shelter Services Shelter services include the general caze, cleaning and nourishment of owner-released, lost or stray dogs, cats and other animals. Such services shall be provided 7-days per week, 365 days per yeaz at the County's animal s.helter in Kent (the "Shelter" ) or other shelter locations utilized by the Counry, including related services deseribed in this section. The County's Eastside Pet Adoption Center in the Crossroads azea of Bellevue will be closed to the public. L Shelter Services a. Services provided to animals will include enrichment; exercise, care and feeding, and reasonable medical attention. - b. The Public Service Counter at the Shelter will be open to the public not less than 30 hours per week and not less than 5 days per week, excluding holidays and County designated furlough days, for purposes of pet redemption, adoption, license sales services and (as may be offered from Document Dated 5-31-10 19 time to time) pet surrenders. The Public Service Counter at the shelter may be open for additional hours if practicable within available resources. c. The County will maintain a volunteer/foster care coordinator at the Shelter to encourage use of volunteers working at the shelter and use of fosfer . families to provide fostering/transitional:;care between shelter and permanent homes for adoptable animals. d. The County will maintain an animal placement specialist at the Shelter to provide for and manage adoption events and other activities leading to the placement of animals in appropriate homes. e. One veterinarian and one veterinarian technician will be scheduled to work at the Shelter six-days per week, during normal business hours. Veterixiary services provided include animal exams, treatment and minor procedures, spay/neuter and other surgeries. Limited emergency veterinary sexvices will be available in non-business hours, through third-party contracts, and engaged if and when the County determines necessary. f. Targeted animal operating capacity at the Shelter is 7,000 per yeaz. The Counry will take steps through its operating policies, codes, public fee structures and paztnerships to reduce the number of animals and their - length of stay in the Shelter, and may at times limit owner-surrenders and field pick-ups, adjust fees and incentivize communiry-based solutions. ' 2. Other Shelter services ` a. Dangerous animals will be confined as appropriate/necessary. b. Disaster/emergency preparedness for animals will be coordinated regionally through efforts of King County staff. 3. Shelter for Cities contracting with PAWS (Potentially including Shoreline, , Bothell, Woodinville, Lake Forest Park, Kenmore ("Northern Cities")). For so " long as a Northern City has a contract in effect for sheltering dogs and cats with the Progressive Animal Welfare Society in Lynnwood (PAWS), the County will not shelter dogs and cats picked up within the boundaries of such City(s), except in emergent circumstances and when the PAWS Lynwood shelter is not available. Dogs and cats picked up by the County within such Cifiy(s) will be transferred by the County to the PAWS shelter in Lynnwood for shelter care, which will be provided and funded solely through separate contracts between each Northern City and PAWS, and the County will refer residents of that City to PAWS for sheltering services. The County will provide shelter services for animals other than dogs and cats that are picked up within the boundaries of Northern Cities contracting with PAWS on the same terms and conditions that such shelter services are provided to other Contracting Parties. Except as provided in this Section, the County is under no obligation to drop animals picked up in any Contracting City at any shelter other than the County shelter in Kent. Document Dated 5-31-10 20 4: County Contract with PAWS; Nothing in this Agreement is intended to preclude . the County from contracting with PAWS in Lynnwood to caze for animals taken in. , by control officers in the Northern (#200) district of the County. - 5. Service to Persons who are not Residents of Contracting Cities. The County will not provide rou'tine shelter services for animals brought in by persons wha are not residents of Contracting Cities, but may provide emergency medical care.to such animals, and may seek to recover the cost of such services from the pet owner and/or the City in which the resident lives. Part III: Licensing Services Licensing services include the operation and maintenance of a unified system to lieense pets in Contracting Cities. 1. The public will be able to purchase pet licenses in person at the County Licensing Division public service counter in downtown Seattle (500 4tb Avenue), King County , Community Service Centers and the Kent Animal Shelter during regular business . hours. The County will maintain on its website the capacity for residents to purchase pet licenses on-line. 2. The County will seek to engage and maintain a variety of private sector partners (e.g. veterinary clinics, pet stores, grocery stores, city halls, apartment complexes) as hosts for locations where licenses can be sold or promoted in addition to County facilities. 3. The County will furnish licenses and application forms and other materials to the City for its use in selling licenses to the public at City facilities and at public events. 4. The County will publicize reminders and information about pet licensing from time - to time through iriserts in County mailings to residents and on the County's public television channel. 5. The County will annually mail at least one renewal form, reminder and late notice (as applicable) to the last known addresses of all City residents who purchased a pet license from the County within the previous year (using a rolling 12-month calendaz). 6. The County may make telephone reminder calls iri an effort to encourage pet license renewaLs. , 7. The County shall mail pet license tags or renewal notices as appropriate to individuals who purchase new or renew their pet licenses. 8. The County will maintain a database of pets owned; owners, addresses and violations. 9. The County will provide limited sales and marketing support in an effort to maintain the existing licensing base and increase future license sales. The County Documem Dated 5-31-10 21 reserves the right to determine the level of sales and marketing support provided - from year to year in corisultadon with the Joint Cify-Counry Committee. The County will work with any. Citg in which door-to-door canvassing takes place to reach agreement with the City as to the hours and locations of such canvassing. Document Dated 5-31-10 22 _ Eachibit B: Control Service District Map The afitached map (Exhibit B-1) shows tlie boundaries of the 4 Control Service Districts as established at t11e commencement of this Agreement. Exhibit B-2 shows the progosed boundaries {bi the Control''Service Districts to be established effective January 1, 2011. The cities 'and towns included in eacll Control District aze as follows: District #200 (Northem District) District #220 (Eastem District,) ' Sho"reline Bellevue: ` Lake Forest Park Mercer Island Kenmore Yazrow Point Bothell (only through December 31, 2010) Clyde Hill . Woodinville Town of Beaux Arts Kirkland Issaquah Redmond Snoqualnue I?uvallNorth Bend Carr►ation Newcastle _ Sammamish District #240 (Western District) District #260 (Southern District) Tukwila Auburn , SeaTac Covington Kent Maple Valley Black Diamond Enumclaw The Districts shall each include portions of unincorporated King County as illustrated on ' the Exhibits B-1 and B-2. 1 2 Document Dated 5-31-10 23 Exhibit B-1 The Control District Map, applicable through December 31, 2010 IL9fJq NI y,1w j• ~ $6✓A'^j.~ v4 ~ 13tW`A ' SQ.Ifil. r 2~~'° ' ~M~tx ~ . . . . , . - Seat 38 . ; '~p 3 k 3 ~~2,QP~ c,~~^`s~°'~'~ f ~ ~ ~ ~ _ • f ~ ~~t ~ ~a . $k ~x ~m.~ ~ .w U" . PIN.A , ~ 9 . Po 205000 €V , Se~TaC t ~ ~q`~ ~ ~ 20 ~ Po ~ Amta 100 T ~ 2.86D ~ 4'... dd e ~ . 2 ,_v n' ~ .Ors ~ ~ ~ a ~ 4 ,...1•' Control Districts - 2010 Y~ ~`3A s 3d~j ~AV' ~ x ~4 , Ix r~can~ z~os "~~''S .La'~ allvotumesest~matedbased ~ rS'„ on 2007 - 2009 averages UrUan Growih Boundaty fibrFGotttrad Cities n ~ . _ r L9~,. ^'~7 elvei:t +E':s7 Document Dated 5-31-10 24 ~ Eachibit B-2 Control District Map - applicable January 2011 and Beyond n 4 ' ~y" { • ~j N~ k , ,.,,.<...,.n.,.,r'•, ..L ~ A-b ~ ~ tz.:-` ~a~ ~ s., 3°r v ; S ~.~2 ~ A tm ~ f, a ~ t Re~ 1 681UB~`~a~`~ ~ ~ d f ~uy~ e 53 .r" z, ~ ~ (Bd~ a` ~ • , . ~~Y ~~E 7L h-.?3 t ~'eXr,} t¢'` . s^ d 3 X " a x,ik. ,r ~ ?c P F~ a ~ tQCA~a.3~ ~ ais Pu~~~r (f[v~p ~ " ,r 4 9~ • ~ ~ ~ T8C r ~ ~ ! ~ ~ h.w . 20 ` PtpWMd ToW1Ce9s. Control Districts - 2011 and Out Years ~z~ ~p V~~~~.~"~, Call valumes esNmated based 2D° an 2007 - 2009 averages . tlrtban Gmwlh Boundary ANNon-ConttaCt Cities ~ r County 'J Document Dated 5-31-10 25 Exhibit C Calculation of Estimated Payments , The Estimated Payment is the amount; before reconciliation, owed by the City to the County (or owed by tYie Countyto the City if the amount calculated is less than $0) for the - provision of six months of Animal Services, based on the formulas below. In summary and subject to the more detailed descriptions herein: • Control Services costs aze to be equally shazed among the 4 geographic Control Districts. Each Contracting Party located within a Control District is to be allocated . a shaze of Control District costs based 50% on the Party's relative share of total Calls for Service within the Control District and 50% on its relative shaze of total population within the Control District. • Shelter Services costs are to be allocated among all Contracting Parties based 50% on their relative population and 50% on the total shelter intake of animals : attributable to each Contracting Party, except that cities contracting for shelter . services with PAWS will pay only a population-based charge and that charge will be one-half the regular shelter services cost population component payable by other . , cities; and • Licensing Services costs are to be allocated between all Contracting Parties, based 50% on their relative populaHon and 50% on the number of licenses issued to , residents of each Contracting Party. m Licensing revenue is to be attributed based on the residency of the individual , purchasing the license. • Each Estimated Payment covers the cost of six months of Animal Services. • Three credits aze applicable to various cities to reduce the amount of their Estirnated Payments: a Transition Funding Credit (for cities with high per-capita costs); a Resident Usage Credit (for cities with low usage as compared to population); and an Impact Mitigation Credit (for cities whose projected costs were most impacted by decisions of eertain cities not to participate in the regional Agreement). Application of tllese Credits is limited such that the Esfimated Payxnent cannot fall below zero (before or after the annual reconciliation calculation) with respect to .the Transition Funding Credit, or below $2,750 or $2,850 (both amounts are annualized):with respect to the Resident Usage Credit and Document Dated 5-31-10 26 Impact Mitigation Credit (depending on whether Bothell received Animal Services in the Service Yeaz being reconciled). • Estimated Payments aze reconciled to reflect actual revenues and actual usage as . well as changes in popuk4yon. The reconciliadon calculation occurs in June of the ~ following calendar year. The reconailiation calculation and paymentprocess is described in Exhibit D. The receipt of Transition Funding Credits, Resident Usage Credits, or :Impact Mitigation Credits can never result in the amounf of the Estimated Payments as reconciled falling below the limits described in the paragraph above ($0, $2,750 or $2,875 (annualized), depending on the credit and whether Bothell received service under an Agreement during the Service Yeaz). Estimated Payment Formula: EP=[EC+ES+EL-ER-T U-M]=2 Where: "EP" is the Estimated Payment. For Cities receiving a Transition Credit, Resident Usage Credit or Impact Mitigation Credit, the value of EP may not be less than the amounts prescribed in Exhibit C-4. ° "EC" is the City's share of the Budgeted Net Allocable Control Services Cost for the Service Year. See formula below, for deriving "EC. "ES" is the City's share of the Budged Net Allocable Shelter Services Cost for the Service Yeaz. See forrrcula below for deriving "ES." "EL" is the City's share of the Budgeted Net Allocable Licensing Services Cost for the Service Year. See formula below for deriving "EL." "ER" is Estimated Licensing Revenue, attributable to the City. For purposes of determining the Estimated Payment in Years 2010 and 2011, ER is derived from the number of each type of active license issued to City residents in yeazs 2009 (the "Calculation Period") shown on Exhibit G2. For Service Year 2010, that number is multiplied by the cost of those licenses in 20091, resulting in the estimated values for Service Year 2010 shown on 1 20091icensing types and costs 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; Cat, Senior Document Dated 5-31-10 27 Exhibit C-1, and then adding the amount of revenue estimated to be derived as a result of the Transitional Licensing Support Services in 2010 to those five Cities identified in ' Exhibit C-5 (the estimated Transitional Licensing Support Services revenue is also shown on Exhibit Gl). License Revenue that cannot be attributed to a specific Party (e.g., .:License Revenue associated with incomplete address information), which generally ~represents a very small fraction of overall revenue, is allocated amongst the Parties based on their respective percentages of ER as compared to Total Licensing Revenue. "T" is the Transition Funding Credit, if any, allocable to the City for each Service Year, calculated per Exhibit C-4; provided however, a City identified in Exhibit C-4 is only eligible for a Transition Credit if that City agreed to enter into tfiis Agreement for a term through Deeember 31, 2012,• provided furthez, that the amount of "T", if any, for Service Yeaz 2010 shall be: applied pro rata to the calculation of the Final Estunated 2010 Payment even if, despite the agreement of the City, the Agreement only goes into effect for 6 months or 60 days per Section 15. "U" is the Resident Usage Credit, if any, allocable to the City for each Service Yeaz, calculated, per Ezhibit C-4; provided hozvever, a City identified in Exhibit C-4 is only eligible for a Resident Usage Credit if that City agreed to enter into this Agreement for a term through December 31, 2012; provided further, that the amount of "U", if any, for Service Year 2010 shall be applied pro rata to the calculation of the Final Estimated 2010 Payment even if, despite the agreement of the City, the Agreement only goes into effect for 6 months or 60 days per Section 15. "M" is the Impact Mitigation Credit, if any, allocable to the City for each Service Year, calculated per Exhibit C-4; provided however, a City identified in Exhibit C-4 is only eligible for an Impact Mitigation Credit if that City agreed to enter into this Agreement for a term through December 31, 2012; provided further, that the amount of "M;" if any, for Service Year 2010 shall be applied pro rata to the calculation of the Final Estimated 2010 Payment even if, despite the agreement of the City, the Agreement only goes into effect for 6 months or 60 days per Section 15. - And where: "Budgeted Net Allocable Costs" are the estimated costs for the Service Year for, the provision of Animal Services which are allocated among the Contracting Parties for the owner- $12; Cat and Dog, Renewal; Service and Temporary, Senior owner renewal-- $0. License types and costs are subject to change over time. Document Dated 5-31-10 28 purposes of determining the Estimated Payment. The Budgeted Net Allocable Costs are calculated as the Budgeted Total Allocable Costs (subject to the Annual Budget Inflator Cap) tess Budgeted Total Non-Licensing Revenue. The Budgeted Total Allocable Costs exdude any amount expended by the County as Transition Funding Credits, Resident Use Credits, or Impact Mitigation Cred#s.(described in Exlubit C4) or to provide Transitional - Licensing Revenue Support Services (described in Section 7). The calculation of Budgeted IVef Allocable Costs, Budgeted Total Allocable Costs:and Budgeted TotalNon-Licensing Revenue for purposes of calculating the Estimated 2010 Payments is set forth in Exhibif C- 3. ' "Total Licensing Revenue" means all revenue received by the County's Animal Services ' System attributable to the sale of pet licenses excluding late fees. With respect to each Contracting Party, the amount Licensing Revenue is the revenue generated by the sale of „ pet licenses to residents of the jurisdiction. (With respect to the County, the jurisdiction is the unincorporated area of King County.) The value of Estimated Licensing Revenue for eaeh Contracting Party for purposes of calculating the Estimated 2010 Payment includes amounts estimated to be generated from Transitional Licensing Revenue Support Services, and is shown on Exhibit G1. "Tota1 Non-Licensing Revenue" means all revenue from fine, forfeitures, and all other . fees and charges received by the County's Animal Services system, excluding Tota1 Licensing Revenue. "Transitional Licensing Support Servicesry means activities to be undertaken in specific cities in 2010 to enhance licensing revenues, per Section 7 of the Agreement. :'Annual Budget Inflator Cap" means the maximum amount by which the Budgeted Total Allocable Costs may be increased from one Service Year to the next Service Year, and year to yeaz, which is calculated as the rate of inflation (based on the annual change in the September CPI-U for the Seattle-Tacoma-Bremerton azea oyer the rate the preceding year) plus the rate of population growth for the preceding yeaz for the Counry (including only the unincorporated area) plus aI1 Contracting Cities, as identified by comparing the two most recently published July OFM city and county population reports. The cost allocations to individual services (e.g. Control Services, Shelter Services or Licensing Services) or specific items within those services may be increased or decreased from year to year in so long as the Budgeted Total Anriual Allocable Costs do nofi exceed the Annual Budget Inflator Cap. Similarly, the Estimated Payment for any Party will increase or decrease from Service Year to Service Year based on that Party's population and usage of Animal Services from year to year Dceument Dated 5-31-10 29 \ "Service Year" is the calendar yeaz in which Animal Services are/were provided. (In 2010; the Service Year is the period from July 1, 2010 December 31, 2010; the Estimated - i'ayment calculation shown in Exhibit C is based on annualized costs). "::C-alculation Period" is the time period from which data is used to calculate the, Estimated Payment. The Calculation. Period differs by formula component and Service Yeaz. In Service Yeazs 2010 and 2011, the Calculation Period for Calls for Service ("CFS"), Animals , ("A"), or Licenses Issued ("I") (all as further defined below) is based on multiple year averages as detailed in Exhibit C76. For Service Year 2012'and beyond (if the Agreemenf is eztended into an additional2-year term), the Calculation Period is the yeaz that is fwo calendar.yeazs prior to the Service Yeaz (thus, for Service Yeaz 2012, the Calculation Period is 2010). Exhibit C-6 summarizes in table form the Calculation Periods for the usage and population factors for Service Years 2010, 2011 and 2012. "Population" with respect to any Contracting Party for any Service Year means the population number derived from the State Office of Financial Management (OFM) most recent annually published report of: populadon to be used for purposes of allocation of state shared revenues in the subsequent calendar year (typically published by OFM each July,. reflecting final population estimates as of April of the same calendar year). The OFM reported population will be adjusted for annexations of 2,500 or more residents. For example, when the final Estimated Payment calculation for 2012 is provided on December 15, 2011, the population numbeis used will be from the OFM report issued in July 2011 and will be adjusted for all annexations of 2,500 or more residents that occurred (or will occur) between Apri11 and December 31, 2011. By way of further example, the reconciliation of the 2012 payment (calculated in June 2013) will incorporate adjusted population numbers based on 'the OFM population report issued in July 2012 adjusted for all annexations of 2,500 or more residents that occurred between April l, 2012 and , December 31, 2012. Where annexations occur, the City and County population values will be adjusted pro rata to reflect the portion of the year in which the annexed area was in the City and the portion of the yeaz in which the area was unincorporated. The population of an annexed area will be as deterniined by the Boundary Review Board, in consultation with the annexing city. The population of the unincorporated area within any District will be determined by the King Countydemographer. Notwithstanding the foregoing, the population for all potential Contracring Parties for purposes of determining the final Estimated 2010 Payment willbe based on the July 2009 OFM report, adjusted for annexations occurring through the end of December 2010, as known as .of April, 2010, and shown on Exhibit G2, and the reconciliation of the Estimated 2010 Payments (calculated in June 2011) will incorporate changes to population as reflected in the 2010 U.S. Census (results expected to be published Apri12011). Document Dated 5-31-10 30 Fxhibit C-1 shows the Meliminaa caleulation of EP for July 1- December 31, 2010, assum;ng that the County and 'all Cities that have expressed interest in signing this Agreement as of May 27,2010, do in fact approve and sign the Agreement and as a result the Minimum Contract Requirements with respect to all sueh Cities and the County aze met per Section 15. ~Coml?onent Calculation Formulas: EC is calculated as followsr EC ={[(C x.25) x.5] x CFS} +{[(C X, 25) x.5] x D-Pop} - Where: "C" is the Budgeted Net Allocable Control Services Cost for the Service Year, which equals the County's Budgeted Total Allocable Costs for Confiol Services in the Service . Yeaz; less the Budgeted Total Non-Licensing Revenue attributable to Control Services in . the Service Year (for example, fines issued in the field). Budgeted Net Allocable Control Sexvices Cost for Service Yeaz 2010 is $1,698,600, calculated as shown on Exhibit C-3; and shall be sinvlarly derived for Serviee Yeazs after 2010. "CFS" is the total annual number of Calls for Service for the Service Yeaz for Control Services originating.within the City expressed as a percentage of the CFS for all Contract Parties within the same ControTDistrict. A Call for Service is defined as a request from an individual, business or jurisdiction for a control service response to a location within the J City, or a response initiated by an Animal Control Officer in the field, which is entered into the County's data system (at the Animal Services call center or the sherifYs dispatch center acting as back-up to the call center) as a request for service. Calls for information, hang-ups and veterinary transfers are not included in the calculation of Calls for Service. A response by an Animal Control Officer pursuant to an Enhanced Control Services Contract will not be counted as a Call for Service. For purposes of determining the Estimated Payment in 2010 and 2011, the Calculation Period for CFS is the 3-year period from 2007-2009, resulting in an annual average number of Calls for Service for the City and each Contracting Party as shown on Exhibit G 2. "D-Pop" is the Population of the City, expressed as a percentage of the Population of all jurisdictions within the applicable Control Districf. - Document Dated 531-10 31 ES is calculated as follows: If, as of the effective date of this Agreement, the City has entered into a contract for shelter services with the Progressive Animal Welfaze Society (PAWS) in Lynnwood, WA, then; for so losg as such contract remains in effect, the City willnot pay a share of shelt.er eosts associated with shelter usage ('`A" as defined below) and instead the Estimated Payment will include a reduced population-based charge reflecting the regional shelter benefifs nonetheless received by such City, calcul.ated as follows (the components of this calculation aze defined as described below). ES='($x.5xPop)-2 If tlie City does not qualify for the reduced population-based shelter charge, ES is determined as follows: ~ ES=[Sx.5xPop]+(ESPxPop2)+(Sx.SxA) Where: "S" is the Budgeted.Net Allocable Shelter Services Cost for the Service Year, which equals the County's Budgeted Total Allocable Costs for Shelter Services less Budgeted Total Non- Licensing Revenue attributable to Shelter operations (i.e., adoption fees, microchip fees, . impound fees, owner-surrender fees, from all Contracting Parties) in the Service Year. The Budgeted Net Allocable Shelter Services Cost for purposes of calculating Estimated 2010 Payments is $3,004,900 as shown on Exhibit C-3, and shall be similarly derived for Service Years after 2010. - "ESP" is the sum of all reduced shelter costs payable in the Service Year by all cities qualifying for such reduced charge. - "Popn is the population of the City expressed as a percentage of the Population of all Contracting Parties. "Popi" is the Population of the City expressed as a percentage of the Population of all. Contracting Parties that do not qualify for the reduced population-based shelter chazge.. "A" is the total number of animals that were: (1) picked up by County Animal Control. Officers from within the City; (2) delivered by a City resident to the County shelter, or (3) . delivered to the shelter that are owned by a resident of the City expressed as a percentage of the total number of animals in the County Shelter during the Calculation Period. For Document Dated 5-31-10 32 purposes of the Estimated Payment.in 2010 and 2011, the Calculation Period far "A" is the : two yeaz period of 2008 and 2009, resulting in an average annual shelter usage number for ttie City and each Contracting Party as shown in Exhibit G2. _ BL~is calculated as follows: EL=RLx.5xPop)+(Lx.5xI)] Where: "Lry is the Budgeted Net Licensing Serviees Cost for the Service Yeaz, whieh equals the County's Budgeted Total Allocable Costs for License Services in the Service Year less _ Budgeted Total Non-Licensing Revenue attributable to License Services. (for example, pet lieense lafe fees) in the Service Yeaz. The Budgeted Net Licensing Cost for purposes of calculating Estimated 2010 Payments is $898,400, calculated as shown on Exhibit C-3, arid shall be similazly derived for Service Yeazs after 2010. uPop" is the_Population of the City expressed as a percentage of the population of all . Contracting Parties. "I" is the number of active paid regular pet licenses (e.g., excluding `buddy licenses." or temporary licenses) issued to City residents during the Calculation Period. For purposes of calculating the Estimated Payment in 2010 and 2011, the Calculation Period for "I" is the three year period from 2007-2009, and the resulting average annual number of licenses as so calculated for the City and each Contracting Party is shown on Exhibit G2. Document Dated 5-31-10 33 Exhibit'C-1 Prellminarv Est/mated 2010 Pavment fAnnuallzeap Hl (Showing parttcipatlon only of those Jurisdiodons that have expresaed Interest as•of May 27, 2010 irreontraodng for elther 8 months or 2.6 years) A, Bud eted Total Allocable Coats f 7 000 20 400 otad onlicensin Rewnue 600 20 600 ,000 .000 V tudgeted Net Alloaabb Costs 61 888 B00 113 800 $89111,4001 $6 801800 $3,069,8751 42,631926 M1ma1 ~Conpet,~ ~ x ~ ~ ~ w y ~ i 6itlmated Caitrol Eetlinatsd BMku .t .dEsdmded,4,kp, ~ Ee4mebd Tofd r ,h2008 ikenslnOw , y Es4~~Net haatlNenr . „~Cwls wdh,'~ Revemro ~em, ~ !Nt OlsttiatN4~K ~£.w'~ * Ju~WfaUon .r ,~8srvk:sCaif z Bairii.wCON,~ ~LloewlnyCUSI. MlmtlBsivbu C~iWvsn~! xCwfA9oo~Ion !iuiWIn016) Cradi418~ ~ haas9bn~,4 ~Ttaosltlond rEFl Coet ~ aneMoo (2), aun"e~tlon p) ~ ntlecatlOn (eI:cod anooalon ~ ~ ~ w p iwMdro.nr X ~'ikeasM4 ~ G A a t~`, ,{a _ •a'$ a BotlroO $993 77 3A 8,83 102.08T 2 - Camadon DuvaO i8808 f13270 $5, 805 $25681 17343 42703 EctlmatadUnincorpomtedK6pCounry S108779 aesfWdDNO seefdN6elo seefdelbdo sestdel6eb seefotal6eb NA NA NA NA NA ~ Kenrtpre $26.3051 i11481 IB928 $60681 73160 fY4 {0 148 17488 ~ K'ukpM 1.078 5102 7 558 f1 54, S15B,211 B3 $O 03 . 45.037 LataforestPark 1 I4 S9 5 1J 51 538461 i77887 $35,527 $O 3562 Redmond 8 St 175 70A 3198 $136311 -f8215 $O OBO 7908 30 1809 Sammambh 803 .838 S 47 95,30 7 Slqnlnro 73 38 7 7 810 5152,92 $189,347 28 38 S2B 982 odimriAe .12 S 543 B,B48 32, 1 9 B 403 SUBT07AL" ESlN.R00sxoludaa:uM a,777,711 7BeaiaArte $44 7 $477 313 $1.23 i800 333 7 BeOews B ClydeHU S3 78 578 3256e NO 'SB 32838 638 ENimafad UnucorDOreted Kup Caunty 0 ass fW 6e/o ~ss fdd DMO ass fWN bNo ses Id bNo ne tot eb HunbPant : . N Icsaquah i40815 f81478 20,818 N2311 i81508 458.6DI i0 558,601 58807 Mercer leland 525 B84 539,249 17 833 382.976 {55173 327 5113 4Z7501 42.750 .863 Newcastle (7) 1.831 18 348 .7B 38,06 10,000 28, 0 88 8 OB i0 16.098 -51 NortM1 Bend B 918 15 4T 34 BB 528 531 74 J 7 1 72 01B 1 8 SnopusMb 2 ~B $Y! 000 7 830 3,68 7 Yanow Point 1 O85 51 181 5853 i3 378 2 88C 1 51 ' SU6TQFA'. ~.C~TIES. :PYO. exa unMo ratwlare . 20101 409541 ' ..ti163'618 ;i8l77 9 z _ ~'784..w€;~:39 . 766 r . 972 C~~S133Q 8 gr~r" 72 1 t31; unen mc es o p ne ea nezation '_a` " - p Es6metedUMncorporotedKepCounry $708.877 aesfotdbNoseetoftlbebw sesfofalbNO aesfddbebw seefo/dbelo NA A A NA a{ Kent(InUudesPanW~LakeMnevatbn) 208.150. S88 308 38T.555 E880.314 . 5,J8 34 B49 .8 34 806 3 21 0 28 SeaTac 502,145 EN2871 f1BB0 5784 t53065 -01 518 5 17.953 1 Ot 0 0 2 7ukwda f47753 iB~B88 517,4761 314382 430348 1 279 i 82 45 -391,7121 310.UUUI 77 S OTAL'EO ;CfJ7ES:JN.'2I0"uroludsswilnoo-ntsd~rs -E' l7774B:. ':388t1J6•:~. ..S11Y8J 1102882 i338`7T7 __x_v°` Y887 "2 ~i `009~~AWi8 6Bi'W,a 6lT7 ` °r.E~~fAO Qi=;rsF;1Qi". . • ; ' - . . ~ . a_ . Algans u6um . 0 B. 5 1 5 S BB, B9131ackDiamond $10751 518658 63625 $32534 13071 -Sig.453 3881 J15 3 5 88 100 Covuybn S49, 89 E8B063 $16.366 $134038 38057A 77 $16,364 14 58140 N Enumctaw $30,688 i57502 98.88 $88. {464 7 51 33801 .$189 4<0 0000 Ectimated Un'vrcarporeted Kinp Cotmty $167 789 aae lold bdo aee fofdbMo ase tdN bdo ssa fdd 6No ass fofd 6No NaDb VaOey 45. 0 $17.7411 $131,726 ,293 4694 88 Pe cdic .s~s..`,'..a.._ SUBTOT °FOR.qflE81 : D: issrahWev -...wdna dan=.' .a:. r~; 281' 8 t ' ~ i68B 1 ~~:t .ti.;~96'Me -.:i~807 r•:-z;r;~- 177 ~ . t rk 70 c";,110Otl0'..~',9 TOTAL FOR CtT1E8 $1,169,012 f2,287,809 :818,286 $4,045,1 06 i2,090,623 42 004 68 $660,000 i278 61/ i1 076 081 ..i760 000 4828 061 TohlKfn C Unliro bdA. Allooadon S528188 $741,0911 i280115 51658894t102875f 452774 4527317 Coun Tr•naltbnd Cosh one-rma tm memenon cma e BI 600 OMer Operational eM ReEOrm EHOn Cos4 8 J 187 sw~w:,ccom..orr«»c- .rek+w~.es~c...wooow~ Fundintp ImCtlbs 4660000 u.s: rq.t+, two Credda 4271611 701'I1L'~FOR . +i Document Dated 5-31-10 ' 34 Exhibit C-1, cont'd. Notes: 1. Assumes the totlowinp citlat Oo not parGCipate: Federal Way, Seattle, RanNn, Det AAaines, Normancry Park, Medina, SkykamisA, Mtlmn, Humc Point, Abana, Pacific, and Burien. 2. One quaMr oi wntrol sarvicas cottc are aBOCateA b aacM1 wMrd tlistrct, lMn wsU aro NMer a8ocatsd 50% Ey total w0 wWme (avenped hom 2007-2009) aiM 509i Ey 21108 popWaton ' 3. Thic axdudes ths cost ro noNwm ciCSS of sheperury Mei animeb N PAW9 uMx wpuete conNech. Shekar crosb ere afiocekd 50% by K'vip CouMy sM4er vdume 4daka (ewrpsd br 2008-2009) wW 50% M 2009 popuNCOn. Vdkres fm noMem cAn eMicQaWp winp PAW8 for shsMrhp uncWde only the 6076 poDUbtlon e0ocetinn. . 0. Lxeruinp cwb ere eDocalsd 50%by DoPUWion antl 50%bytotal number oiacfive licenses (averape 2007-7009). S. Tranetlion NM4g o elxeletl per captle in e Mn tlar formula lo cNee wtlh uitain Der ce0ita mt coct elbcatbna. Licensinp tuppoA q e0oceted to the frva cftiea w3h the bv.ast per cepda Ikenainp revenw. For etl0ifionel tlate4 see 6chibd C-4. 5. Credib Ncluda (t) [he ResiOent Utape Credd, xfiich Gmde the wN aqocatbn in tlro roBioml mdel W no moro tlian 20% Breatar Nan the cAarpe woultl be under ths uaapa ony rtw0e1 for aG citlas whm rot wct h preater than $5,000 and (2) the Impect Mdpatlon Cretlil whirh 14nih overap nat oost Mcreasea hom chki oDtlnp out ol the motlel W nd more 10%Braater Nen N the Dreyiove madal See Exhibq C-4 for more deteB. 7. NeMCacib Aid nat 6cense v.iM Kinp Counry In 2008. The ievenue wlue OnNded lure wsumes the OOO liumes beue0 by Nercaitls in 2009 Oaing utue0 at Kiip Counry Bcenainp coats. B. Ona~na wttt assaqMtl wilh model impbmanfeGOn incqide w~ed nepotlatbn. IT tritsm uDY~eda, and hemdional fcenainp supporL 8. OMar operatlond coits iuWde teMces br the meinGame syctem aM crwiroaAs hciGry Mete, Kinp Caunry unincorporaUd aroa oNy marka0ip elforta, and wdriouc eatary aM wape contNyoncy ebmenh. Coeb etexfatad xMh enASnced ceMCea ooMnMS are rovonue 6eckod aM ers not reDOrled Mre. Reform e1foA caab uicNde chenpec lo the cGnic re0arllnp strucWre, hUlnp consullente to revisw rolorm pro0reee. eM a0d'mp en edminbkator to suDDOrt reform aifoite. Rebrtn aRoMe ebo NcNde hhirp an edtldionel vel tach, lwwewr, thb posdion wi0 bs NnGd Cy donatlono aiM Neroloro the wst b nat repoiled Mre. Ectimalsd Find Xst Costc br NoRhem Cqbs Conlrwtlrq wiN PAWB, Indudbp PAWB Shdhr6p Coab 11 PAW8 Shollied l. , F „ . . Ng ~ TOOB AssurNpp.2014 EnalAvwayelndkiaW ~a~M~ .6wreae~ind~Mts. ;POtaM1dC1.di1: H607MimN d ~ ;nM 1 hn~M~d~ U o BoUwq 170.50 15860 3815 3 5 H75 , Iffi Kenmoie 98W 3 3 B Uke Fatsst Park S35 521 iJ 1533 780 32 377 74 Slwrcline 27080 e787 f2272 i0 ood'orvi0e i5103 $6800 i7920 41197 2517 Document Dated 5-31-10 35 . : . . ' . ~h ~ . . . Document Dated 5-3140 36 Exhiblt C-1lAI ImAl/ed 2011 Pavments for Purnose of Section 15.a.2 fU (Showing partieipatlon only of those jurisdietions that hava axpreased Intarest as of May 27, 2010 in contrecting for 2:6 yaars • aetuai esUmated 2017 payments will be differen; based on adJustments Mr 2011 budgatad total alloaabla oosts, revenuas, and tha appilaation oi budget Inflator cap) -I o aAte ltzoqo ` oans ne :11 ' Sheller Lieeost 'Gosts-- Revanus 66st',-`,<Bud ted ota ooab e Costs exc udin budget infator $1,106.00 0 Y07 400 943,400 Bud ted Non-Llaenain Revenue B 800 i202,600 545,000 ,284,000 Bud ted NM Allowbb Cosb 11 888 600 $3 004 800 t8 400 $5,601,5001 = 887 808 4839 882 . 'e*k ~ Y .=~MImalCOalroif r, . 7" ~ EatlmatedMlmN Estimated BsHmrted ~EsdmabilTofd ;.200P;Lbsna 4"~6sdm~dtlet, "Tt~niido~: ~ r~~°°•~ R0Y011!M~ Nsf *D6kbtNUmtisr ? ConVol,qoat,:; ,<.BMItvHnpCost Y ~LIo~mMpCwt `~Mh,WB~rviea RW~nYe~ t ,..COYfMMoafbn PYhtlliql<461~ q ~ ~ z18~~ tT~!~!~~" 71, a~°°"eon awoawn loi awoa{wn I!1~ '~P°!Kp ~ . ` , . t . ~ ~ ~"~P.P~ ` z `a r~ r ~ z~~~~`#~.~; i~~~~`%'a ~r, rs f`~~,,~~~~"`~:~~~;~~.`, . . , n , . . . . . „ . . , . . . . , - . , . ~ BoMeO CemaCOn DuveU 57 41 13 608 808 S28 89 19 B 0 1883 42.8261 42,828 E~funated Unmwryoreted Kinp County $718 1/3 cee lotd below sss fofd bdo see Idd 6do . ses fotd 6do ees fofd A N/1 NA . NA o Kenmore 28850 . 574828 $20.651 $64.2281 9 80 93 0 3 B932 , N Kukland 0,888 .2 $202,0 804 1137,91a lake Fwsq Park i15 4 5 49,358 i 9 735 $38.50 5 BB 3 70 i0 {0 .533.47 33178 RedrtwM 56,251 $103,360 7/123/ i203 f194 911 9,533 0 54B 837 88 BB7 Semmamish 343070 $72732 i.l 235 it 03 3 -311r'6W 0 $14.015 B B 6horofine . 380715 E39852 518837 5168 B93~T B81 i0 i19 7 oodNViOe 519~83 57789 310208 534. 4 S7 BiB SO 53 $O 3 480 BUBTOTAL GY71E37N:Y00 sxoWde►-u _ . en . . . ~ f309' t _ '°..fs 7 ; 'c':'!:372tl' 0 sk,, d ~':i:iYCB 628 . ,.V ::!.SIB' 2t ee.- aa sea er s s z eoo o ta aase -am Betlewe i 4 S249.214 8 841 $401. 288 98, 211 Cyde Hi0 33 538 $0 8" $2 858 $1063 044 d2 B3 60 42.79U 2 Eetunate0 Ununwrporatetl Kinp Counry i170 8N aes folelbslow ses tdd Mb ses tWel beb aae fdd bda aas fdd Delow NA NA NA NA o MunhPONt . : . . . . e,_ N bsaquah i40 815 090 321.560 $12446 B SB 956 SO 60 d58 B58 Marnrhland 894 538788 316168 111B4137 13 0 8 13 -$Z8161 B7 NewwAb (7) 0 1 18. 7 B 0. 87 NorthBand B 8 S 5 98 51339 $297 341 dt 8 S/1 .f112 12 5'ro0ualnde i72 522.726 i7 31 887 8 1 1 11285 VartowPoint 51085 57483 Sm - $3, 861 i0 135 453 537 SUBTOTAL'FOR:C171ES'INItYO erolutlMaNW_"-_""" _ 'ti`:i261181 . -F.:" 1411060 N68' 6A~~ .•>z3827,160 A100 luuren s ne n . : . . , . - _ . . . . p E.WroledUn6icorponld eKirpCOUny B uelafd6elo rostW o seetd ftesfaf 6 sssfW o N Ksnt(4icWes PantlarlekeAnnemUon) 208 0 i8888 t80870 5986010 38 819 831 441 598 000 -03 ZBO SooTac t821 i 13 1B f2030 5 2 S U00 1 803 TuMMa 147153 5B4.111i12B75 NA4 0948 i110t3t 515,925 783 39542 D000 8502 try, SUBTOTA[FOR:CITiES'tNYIQ utiluifaa ft k" teda r,~ . iA17 N8 ' . . i {894724 ti`i <i1t7'Bb8 ~'.r~ _•~»~1'Sf8 ".i'paE fl7 5,:: 8014 1 r" ";71i' 8 ' ~.,"i8Q• Ar.. . M i0T - ona Aubum 11841 $3 741 5 $51 1 i ISS. 15 ' 808 ..iB9&19 ~82880 BleckDiemond i 075 5187 $3 7 60 730 8B8 881 18 802 No. O Covinpton 9 8, 80 950 9 915 354 59134 N Enumclaw 530,595 451,154 $9,201 SB 581 22 087 33,903 B d 1 93 EetNnatedUnincorporetotlKinpCounryi143388 aeefoldbdo sestdd6dow aeetolalbsb isefdd6 ZVA ~esfaf ow kgA A MapN Velby i/ 880 83 B 3B 5132 1 S52 Peciflc 0 _ee.1 8. ¢ 8 OTA q FOR. ES/N160 siroludetunlap edaroa '781' 30 .s. ae=1e s s 8 ~ TOTAL FOR CITIEB 01 168 248 = 260,883 $608,142 =0.018 269 r f1.898 466 .t1078 787 j860 000 $488119 41 740 67B . $160 000 -f 87B 7obl Nfn Coun Uninao tsdArsa Al/ooaden i579Y67 i7 0.17 $2942581 f1 SBJ 6q $1.029.3521 185 ~f 1Bb KI Cou TfanslUond Cosee . OnaThnel IemenutbnCOsh e ~f8r 600 Other radonel aM Retorm Ellort Cwh B -f677187 ae~.ericeom..e~r.e.y~.m+deuAMmd~wwee..~eee~ea Tnn~onFuMMCdiss -fE 000 on.: r.r mo . cr.da. 4289,119 roritii`:~ Document Dated 5-31-10 „ 37 Ezhibit C-1(A) cont'd. Notea: 7. Aaeumea the btlowinp olies Ao 1w1 D~Vab: Federel Way, Seetl4, Renton, Dea Mbinea, Normendy Park, MeAina, 9kykomqh, Milbn, Hunte Poinl, Alpona, Pacific, Burbn, enM Botlroa 2. . Om quarler ol wntrol seMCes rnah are a11loceted b each conUOl distrsL then coda are NMrer e0ocafed 50% 6y tofal caG volume (averapeA from 2007-2009) and 50% by 2008 popWlion 3. This eYCludes the coat to noNrom citlea ai sMhrinp Nea enimeb et PAWS under ie0arete wnVazU. SheAer cwb ara e0ocelaA 5096 by Khp Caunly sheRar volumo hdaka (e✓eraped for 2008-2008) antl 50!t by 2008 populatian Velun for noAMm cdise entkqnadrp usinp PAWB br sMRertrp include ony the 50% poDUlatbn a0ooatlon. ' 0. Lkenaiip eaah ara e0outed 60% b/ po0ulatbn and 50% Ey Whl numDer of ac1Ne kamec (avsrape 2007-20084 5. Treneitron Nnd¢p s abcateA Dar eaDdo b a two Uer formub ro cCies wUi certam per wpila net coct ebcationc. Licansmp suDDOrI rc a0aahd ro tlro fwe ciUes v.Ah Ms bxast par capila ticeminB revenue. Far addNOna1 defeil, see Fshibd C-0 for moro Intomulion. 8. Credh YxLda (1) IM RasNeM Usps Credd, Mich Hndb iM wq allocslbn n tlro nObnal -6e1 0o iro rtwn ihan 20% proeter ihan the chmps aouN bs undsr the use{p oMy model fw a0 cities wMsa nd cwt 6 preatx tlnn $5,000 and (2) Me 6npact Mi6pation Cnd'd aAich lumle werep IW wtt uicreams hom cdbs optinp oW of Me model b ml mon 10% pmster than n the Provnw modd Saa FYhmd C1 tor rtnro debL 7. Naxcvtle tlid not Gceme vMh Ninp CouMy in 2008. Tha revenue vahro provide0 hero asoumes the 400 ficansec isaued by Noxcastle in 2009 DsInB Weued M Khp CouNy 6c4nNrp cosb. 8. One-fims coete aseacmtaA vAM natlel lmplementetlon inoWOa coMiect nepotietqn. R eyetem uppmAe, and tranamonal AceneBp suppoR - 9. OMar operatlorol wete include earias lor the malnhame eynteme end aosaroadt hci6ty keae, Kirp Gounry unfncorporeted aroa any merkatinp allartt, antl vaiious saFary eM waps wntinpaMy elemeMS. Coids eataebd wBA enhancad eeMcss conUach afs revonua 6acksd and ero ml roportad hero. Re/orm eftorl cocp inclMe cherpes W Ihe dink reDOrlvq struoture, h6"vp wnsuRann to rovbw rerorm propross, end aEdinp an aAmhbtreWr to wDWn rofarm ellorb. Retorm a11oM ebo NcluOe hvinp an addmonal vet bch, haxovsr, thb poNdon wO Ds Nnded by donatiau aM Iherebn the cost k mt roported Mro. . Estimafsd Final Nat Costs Tor Natham Cffles GontrwUnp with PAWB; 4wWdhq PAWB BMMsrIng Cesb . n ";fotP/t1A186 et ~ IMPohWing VAViB'COab ~ i ' > . s AssumMp ~ . As'sum4ip a 2P% Assuminp K4p JurWGOlbn . QouMyYQ0E,1W9 ~`.inoreavpin CouMyf00E200! /ywminpa101G; , EStlmal~d Rlnii." Avsra➢eMfalu and ~ hilalu qM~:, " Awraye Inteko wd` Im~iwe in Mtalia' PobMW Cw~({~ , .,NetQOd.:= ~ -f16WAnima~ ..N60fMlind_~. N6WAnim~1' ':iiql 16WAtJim1?: ~iiTo.~e Botlw . .a . , . : Kenmore .832 . B 080 _ 3 . rt 56 0 LakeFOrettPark 533479 $3150 3780 i30728 28889 Shoreliiro S1B.B62 522575 27080 2733 d72/B $4.37 3 Woo0imri0a 53.460 f8800 i7B20 33,140 d4460 f1585 p Document Dated 5-31-10 38 ExhibR C-2 Population, Calls for Service, Shelber Use and Licensing Data for Jurisdictions, Used to Derive the Prelimtnary and Flnal Estimated 2010 Payment Souiee: KC OMce ol Alanagement ar►d Budget arrd Animal Care and Comrol Date: May 27, 2010 Pro~~ Population 3-Year Avewge 2-Year Average 3-Year Average Distrfct Jurisdiction (1) ~~l Calls Shelter Intake Actlve Lieenses Bothell (2) 33,240 195 4.301 Camafion 1910 19 26 208 Duvail 5,980 41 20 775 Estimated Unincorparated King County 103.400 800 see total befow see total Delow p Kenmore 20,450 176 NA 2,840 N Kirkland 49,010 286 138 4,885 Lake Forest Park 12,820 83 NA 1,972 Redmond 51,890 288 112 5,228 Sammamish 40,670 199 49 4,779 Shoreline 54.320 511 NA 6.280 Woodinville 10,870 108 1,344 Beaux Arts 315 2 0 45 Bellewe 120,600 533 299 10,900 Clyde HM 2,815 14 2 348 Estlrnated Unincorporated Kfig County 92 950 see total befow see total below Hunb Paint N Issaquah 28,890 195 99 2,379 Mercet Island 22,720 86 23 2,071 Newcastle 9,925 82 21 400 Natli Bend 4,780 59 39 548 Snoqualmie 9,730 49 35 771 Yarrow Pt 965 3 0 112 Burien (includes North Highline Area X Mnexation) Estimated Unincorporeted King CouMy 48,200 750 see lute/ be/ow see tota/ below ~ KeM (Irtdudes Panther lake Annexation) 713,160 1,202 2,481 91998 SeaTac 25,730 487 351 2,197 Tukwila 18,170 373 268 1.207 Algona Aubum 87,485 672 7.191 5,325 Bladc Diamond 4,180 55 59 468 ~ Covington 17.530 297 197 2.260 er Enumdaw 11.480 175 191 1.017 Estlmated Unincorporated King County 59,700 750 see tota/ be%w see tofa/ below Maple Valley 20,840 220 173 2,250 Padfic Cityr Totals 758,255 5,349 5,769 74,884 IGn Cou Unin rated Area Totats 304.100 3.050 1.360 38,158 TOTALS 1 D SS 9,399 7129 113,1101 1. Population and usage values have been adjusted to indude 2010 annexations with effective dates oi Juy 1, 2010 or earlier (i.e., Burien, Parhher Lake). 2. Bothell is opting for a 6 month option. They will not be inGuded in ailaations for 2011 and 2012. Document Dated 5-31-10 39 Exhibit C-3 Calcnlation.of Budgeted Total Allocable Costs, Budgeted Total Non-Licensing Revenue, and Bndgeted Net Allocable Costs This Exhibit Shows ttie Calculation of Budgeted Total Allocable Costs, Budgeted Tota1 Non- t"rg= Licensing Revenue, and Budgeted Net Allocable Costs to derive Estimated 2010 Payments. All . values showri aze based on annualized costs and revenues. The staffing levels incorporated in this calculation are for yeaz 2010 only and except as otherwise expressly provided in the Agreement may change from year to yeaz as the County determines may be appropriate to achieve efficiencies, etc. Control Services: Calculation of Budgeted Total Allocable Costs, Budgeted Total Non- g.icensing Revenue, and Budgeted Net Allocable Costs The calculation of 2010 (Annualized) Control Services Costs is shown below (all costs in 2010 dollars): Cost Methodology 1 Direct Service Management Staff Costs $109,400 2 Direct Service Field StaffCosts $683,300 3 Call Center Direct Service Staff Costs $209,300 - 4 Overtime, Du , Shift Differential and Tem Costs $71,500 S Facilities Costs $10,200 6 Office and Other erational Su lies and E ui ment $22,900 7 Printin , Publications, and Posta e $45,000 8 Medical Costs $25,000 9 Other Services $80,000 10 Trans ortation $155,000 11 Communications Costs $35,600 12 IT Costs and Services $57,500 13 Misc Direct Costs $25,400 14 General_Fund Overhead Costs $17,400 15 Division Overhead Costs $111,300 16 Odier Overhead Costs $46,200 2010 Bud eted Total Allocable G.ontrol Services Cost $1,705,000 17 Less 2010 Budgeted Total Non-Licensing Revenue $6,500 Attributable to Control Services 2010 Bud eted Net Allocable Control Services Cost $1,698,500 Document Dated 5-31-10 40 NOTES: 1 Management direct 'seryice staff consists of 0.40 FT'E Animal Care and ControT Manager, 0.40 FTE Operations Manager, and 0.17 Information Technology - Manager. , 2 Direct Service Field Staff Costs consist of 1.00 FTE Animal Control Officer Sergeant, 1.00 FTE Animal Contcol Officer Cruelty Sergeant, 6.00 FTE Animal Control Officers. 3 Call center costs for 1.00 FTE Administrative Assistant/Lead and 2.OOFTE call takers. - 4 These additional salary costs support complete response to calls at the end of the day, limited response to emergency calls after hours, and extra help during peak call times. 5 Facilities costs include maintenance and utilities for a portion (5%) of the Kent Shelter (which houses the call center staff operations and records retention as well as providing a base station for field officers). Excludes all costs associated with the Crossroads facility: 6 This item includes the office supplies required for both the call center as well as a wide variety of non-computer equipment and s`upplies related to animal control field operations (e.g., uniforms; tranquilizer guns, boots, etc.). 7 This cost element consists of printing and publication costs for vazious materials used in the field for animal control. 8 Medical costs include the cost for ambulance and hospital care for animals requiring emergency services. 9 Services for animal control operations vary by,yearbut consist primarily of consulting vets and laboratory costs associated with cruelty cases. 10 Transportation costs include the cost of the maintenance, repair, and replacement of the animal care and control vehicles and cabs, fuel, and reimbursement for occasional job-related use of a personal vehicle. 11 Communication costs involve the direct service costs for telephone, cell phone, radio, and pager use. 12 Information technology direct costs include IT equipment replacement.as well as direct services costs. Excludes approximately $50,000 in service costs associated with mainframe sysfems. 13 Miscellaneous direct costs consist of all animal control costs not listed above including but not limited to contingency, training, certification, and bad checks. 14 General fund. overhead costs included in this model include building occupancy. charges and HR/personnel services. No other. General Fund overhead costs are included in the model. , 15 Division overhead includes a portion of the following personnel time as well as a portion of division administration non-labor costs, both based on FTEs: division ' director, assistant division director, administration, program manager, finance officer, payrolUaccounts payable, and human resource officer. , 16 Other overhead costs include IT, telecommunications, finance, and property services. 17 Non-licensing revenue attributable to field operations include animal control violation penalties, chazges for field pickup of deceased/owner relinquished animals, and fines for failure to license. Document Dated 5-31-10 41 Shelter Services: Calculation of Budgeted Total Allocable Costs, Budgeted Total Non- Licensing Revenue, and Budgefed Net Allocable Costs The calculation of 2010 (Annualized) Shelter Services Costs is shown below (all costs in 20101 dollars). - _ . _ , . . . . ..N~J ' -:5~ . COSt Methodology ' 1 Direct Service Management StafFCosts $154,900 2 Direct_ Service Shelter. Staff Costs . $1,280,200 3 Direct Service Clinic Staff Costs ' $399,100 4 Overtime, Du , Shift Differential `and Tem Costs $205,100 . 5 Facilities Costs $150,000 ' 6 Qffice and Other erational Su olies and E ui ment $130,200 , 7 Printin Publications, and Posta e $5,000 8_ Medical Costs $145,000 9 Other Services $200,000 10 Trans ortation $10,000 11 Communications Costs $13,200. 12, IT Costs and Services $35,000 13 Misc Direct Costs $33,300 14 General Fund Overhead Costs $203,100 . 15 . Division Overhead Costs $195,500 16 Other Overhead Costs $47,700 2010 Bud eted Total Allocable Shelter Services Cost 3,207,400 17 Less 2010 Budgeted Total Non-Licensing Revenue $202,500 - Attributable to Shelter Services 2010 Bud eted Net Allocable Shelter Services Cost $3,004,900 NOT'ES: 1 Management direct service staff consists of 0.60 FTE Animal Care and Control Manager, 0.60 FTE Operations Manager,, and 0.17 Information Technology Manager. 2 Direct Service Shelter Staff Gosts consist of 2.00 FTE Animal Control. Off cer Sergeants, 12.00 FTE Animal Control Offcers, 1.00 FTE Placement Specialist, 1.00 FTE Volunteer Coordinator. 3 Direct Service Clinic Staff Gosts consist of 2.00 FTE veterinarians and 2.00 FTE veterinarian techs. Documem Dated 5-31-10 42 4 These additional salary costs support complete processing-of animals received late in the . day, extra help during kitten season, and limited backfill for vet and vet techs when on vacation. 5 Facilities costs include maintenance and utilities for the majority (95%) of the Kent Shelter (which also houses the call center staff operations and records retention as well as providing a base sta.tion for f eld officers). It excludes all costs associated with the Crossroads facility. 6 This item includes the office supplies as<well as a wide variety of non-computer equipment and supplies related to animal care (e.g., uniforins, food, litter, etc.). 7 This cost element consists of printing and publication costs for various materials used at the shelter. 8 Medical costs include the cost for ambulance and hospital caze for animals requiring emergency services as well as the cost for consulting vets, laboratory costs, medicine, and vaccines. 9 Services for animal control operations vary by year but include costs such as shipping of food provided free of charge and sheltering of large"animals. 10 Transportation costs include the cost of the maintenance, repair, and replacement of and fuel for the animal care and control vehicles, used by the shelter to facilitate adoptions, as well as reimbursement for occasional job-related use of a personal vehicle. 11 Communication costs involve the direct service costs for telephone, cell phone, ra.dio, and pager use. ' 12 Information technology direct costs include IT equipment replacement as well as direct services costs. " 13 Miscellaneous direct costs consist of all animal care costs not listed above including but not . limited to contingency, training, certification, and bad checks. 14 General fund oyerhead costs included in this model include building occupancy chazges and ' . HR/personnel services. No othei General Fund overhead costs are included in the model. ` 15 Division overhead includes a portion of the following personnel time as well as a portion of , division administration non-labor costs, both based on FTEs: division director, assistant division director, administration; program manager, finance officer, payroll/accounts payable, and human resource officer. 16 Other overhead costs include IT, telecommunications, finance, and property services. 17 Non-licensing revenue attributable to sheltering operations include impound fees, microchip fees, adoption fees, and owner relinquished euthanasia costs. Document Dated 5-31-10 43 Licensing Services: Calculation of Budgeted Total Allocable Costs, Budgeted Total Non- Licensing Revenue, and; Budgeted Net Allocable Costs The calculation of 2010 (Annualized) Licensing Services Costs is shown below (all costs in 2010 . dollais).. Cost Methodology 1. Direct Seryice Management $taff Costs $60,000 2 Direct Service Licensin Staff Gosts : $423,900 3_ Overtime, Du , Shift Differential and Tem Costs $30,000 ~ 4_ Facilities Gosts $13,100 5_ Office and Other erational Su lies and E ui ment $3,300 6_ Printin Publications, and Po e $166,000 - 7 Other Services $15,000 8 Communications Costs $5,000 9 IT Oosts and Services $85,000 10 Misc Direct Costs ' $2,000 11 General Fund Overhead Costs $25,300 1.2 Divi_sion Overhead Costs $54,800 13 Other Overhead Costs ~ $60;000 ' _2010 Bud eted Total Allocable Lieensin Services Cost $943,400 14 Less 2010 Budgeted Total Non-Licensing Revenue $45,000 Attributable to Licensin Services _ 2010 Bud eted Net Allocable Licensin Services Cost $898,400 NOTES: 1 Management direct service staff consists of 0.17 Information Technology Manager and 0.33 Licensing Section Manager. 2 Direct Service Licensing Staff Costs consist of 0.5 FTE Pet License Supervisor,1.00 . FTE Sales and Marketing Manager, 2.80 FTE Customer Specialists, 1.00 FTE Fiscal Specialist, and 1.00 Administration Assistant. 3 These additional salary costs support overtime costs as well as a limited non- jurisdiction specific marketing effort. These costs do not include the enhanced transitional licensing support to be provided by King County to certain cities. 4 Facilities costs include maintenance and utilities for the portion of the King County Administration building occupied by the pet licensing staffand associated records. 5 This item includes the office supplies required for the licensing`call center. 6 This cost element consists of printing, publication, and distribution costs for various materials'used to promote licensing of pets, including services to prepare materials for mailing. Document Dated 5-31-10 44 7 Services for animal'licensing operations include the purchase of tags and monthly fees for online pet licensing hosting. 8 Communication costs involve the direct service costs for telephone, cell phone, radio, and pageruse: 9 Information teclinology direct costs include IT equipment replacement as well as direct services costs. Excludes approximately $120,000-in-service costs associated with mainframe systems. J. 10 Miscellaneous direct costs consist of all pet licertsing costs not listed above including but not limited to training, certification, transportation, and bad checks. 11 General fund overhead costs included in tliis model' include building occupancy charges and HR/personnel services. No other General Fund overhead costs are . included iri the model. 12 Division overhead includes a portion of the following personnel time aswell as a portion of division admiriistration non-labor costs, both based on FTEs: division director, assistant division director, administration, program manager, finance officer; payrolUaccounts payable, and human resource officer. 1.3 Other overhead costs include IT, telecommunications, finance, and property services.. 14 Non-licensing revenue attributable to licensing operations consists of licensing late fees. Documern Dated 5-31-10 45 . Exhibit C4 _ Transition Funding Credit ("T"), Resident Usage Credit ("U") and Impact Mitigation Credit ("M") Calculation and Allocation , , Transition Funding Credit . The Transition Funding Credit has been calculated to offset costs to certain cities on a , deelining basis over four yeazs. Cities qualifying for this credit, as shown below, are.those that tznder the basic Animal Services cost allocation formula (allocating costs generally based half on population and half on usage), would pay the highest per capita costs in 2010. To determine the initial level of the Transition Funding Credit, $250,000 has been alloeated , fo Cities with preliminary estimated 2010 cost allocations (before considering offsetting Licensing Revenue) exeeeding $6 per capita; an additional $400,000 was allocated to the - Cities with preliminary estimated 2010 cost allocations (before considering offsetting _ Licensing Reyenue) exceeding $8 per capita. (The per cagita cost allocations used to gualify for tlvs credit may be derived from Exhibit G1 in column caption "Estunated Total Cost Allocation" divided by the population for the jurisdiction as shown in Exhibit C 2.) The Transition Funding Credit declines over time: 50% of the annual amount (since the service year is six months, rather than a full year) is allocable to each qualifying City in calculating the Estimated 2010 Payment;100% of the amount is allocable again in calculating the 2011 Estimated Payment; 66% of the amount is allocable in 2012. If the Agreement is extended for an additional two years; 33% of the arnount is available in 2013; no Transition Funding Credit is allocable in 2014. The credit is only available to a qualifying City if that City has agreed to a 2.5 Yeaz . Agreement. Application of. the credit can never result in the Estimated Payment Amount being less than zero ($0) (i.e., cannot result in the County owing the City an Estimated Payment). The allocation of the TransitionFunding Credit is shown in Table 1 below. Document Dated 5-31-10 46 Table 1: Transition Funding Credit - Initial Contract Period and Extension Period Initia121/2-Year Contract Period 2-Year Extension Period jurisdiction .2010 2011 2012 2013 2014 Transition Transition Transition Transidon Transition . Funding Fnnding Frinding 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 $10,510 $5,255 $0 Auburn $99,824 $199,649 $131,768 ' $65,884 $0 B1ack Diamond $1,832 $3,664 $2,418 $1,209 $0 Covin on $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 . Notes: 1. , The transitional funding credit is the same regardless of which cities sign an Agreement. Resident. Usage Credit The Resident Usage Credit has been calculated to offset the costs of certain cities agreeing to a 2.5 year Agreement that have a low use of King County animal services relative to their population. The amount of the credit is different depending on whether the City of Bothell is receiving service during a given Service Year. The credit has been determined by comparing the esfiimated cost Cities would pay on an annualized basis in 2010 if the regional payment model was based solely on usage (including estimated costs payable to PAWS by cities that will be contracting for shelter services with PAWS) to the cost payable under the adopted model (which incorporates both usage and populadon, including estimated costs payable to PAWS by Northern Cities t11af will be contracting for shelter services with PAWS). The credit is set so that no City that has a Preliminary Estimated 2010 Cost Allocation after considering 2009 Licensing Revenue (as shown in Exhibit Gi in - the column captioned "Estimated Net Cost Allocation") of over $5,000 (an annualized cost) pays more than 120% above what it would pay under a usage-based model that assumes all cities that expressed interest in participating as of May. 5, 2010 sign an Agreement; provided that, a City must sign a 25 year Agreement to qualify for the credit; and provided further, that credits are fixed in amount as shown in Table 2 below and will not change regardless of which Cities sign the.Agreement. As annualized, the credit is carried forwazd each year without change through 2012. Application of the credit can never result in the Final Estimated Payments for any Service Year being less than $2,750 for receipt of Animal ' Services in that year if Bothell is served under an Agreement in such Service Year and not Document Dated 5-31-10 47 less than $2,875 for receipt of Animal Services in that yeaz ifBothell is not served (for Northern Cities with PAWS contracts in effect as of July 1, 2010, calculations are made indusive of a City's actual payments for such yeaz to PAWS for shelter services). These minimum values are annualized (thus, for example, in2010, if Bothellis served, the Einal : Estimated Payments cannot be less than $2750 = 2=$1,375). - Table 2 Resident Usa e Credit (Annnalized Values) (1) _ Jnrisdiction 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 eemenf Kirkland $20,084 $20,433 Kirkl,and PAA(2) $16,465 $16,935 -Redmond $34.961 $35,692 , Sammamish $9,140 $14,815 Bellevue $91,697 $93,703 _1Vlercer Island _ $25,113 $26,143 . Newcastle $8,796 $9;071 Sn _ ualmie $3,958 $4,144 `Notes: ` 1:The residential usage credit does not change with time; it only varies based on whether Bothell is `receiving seryices. Thus, if Bothell signs a 6 month Agreement (e.g., ending December 2010), the. credit payable in 2010 will be one half the value in column 2 above; the credit payable in 2011 will ` be the amount in column 3. ` 2. Kirkland will receive this credit from and after the time the Kirkland PAA is annexed, in addition to the credit noted in the row above labeled "Kirldand." Iml2act Mitigation Credit The purpose of this credit is to limit the impact to Contracting Cities signing for a 2.5 year Agreement as, a result of three cities (Burien, Algona and Pacific) deciding as of May 5, . 2010, that they would not partieipate in the model, as compared to the cosfs presented to all cities in April, 2010, and assuming all other Cities shown in Exhibit C-1 sign the Agreement. The amount of the credit is sized to ensure that a City's Preliminary Estimated Payment after applying the;Residential Use Credifi and the Transition Funding Credit is not greater than 10% more than the Preliminary Estimated 2010 Cost from the Apri12010 model and not greater than 15% more than such Cost if Bothell does not -contract for service past December 2010; provided that the credit amounts aze fixed as shown in Table 3 below and will not change regardless of which Cities sign the Agreement; provided further that only Cities signing a 2.5'year agreement qualify for the Document Dated 5-31-10 48 credit; and provided further_ that application of the credit can never result in the Estimafed Paymenf Amount, of less than $2,750 for receipt of Animal Services in that Service Yeaz if Bothell is served under an Agreement in such Service Year and not less than $2,875 for receigt of Arumal Seivices in that: year if Bothell is not served (for Northern Cities with - _:PAWS contracts in efEect as of July 1, 2010, calculations are made inclusive of a City's , . , . actual payments for such yeaz to FAWS for shelter services). These mhnimum values are annualized (thus, for example, in2010, ifBothell is seryed, the Final Bstimated Payments • cannot be less than $2750 = 2=$1,375). ' The allocation of the Impact Mitigation Credit is shown on Table 3. Table 3: Im act Mitiation Credit (Annualized Values) (1, 2) Jurisdiction Eor Service Years ia For Service Years in wluch the City of.Bothell Which the City of Bothell ~ Is Receiving Animal Is Not Receiving Animal Services under ari Services A eement Bothell: (2) $475 Camation $81 Duvall $865 $1,693 ' Kirlcland $10,473 $17,107 _Redmond $8,098 $12,945 Shoreline (2) $4,373 Woodinville (2) $1,585 Bellevue $1,334 $2,797 Newcastle $2,170 $1,498 Yarrow Point $35 . Kent $49,065: $41,536 SeaTac $7,953 $4,645 Tukwila $$,644 $2,783 Enumclaw $169 Notes: 1. These credits do not change ovei the period of the Agreement. 2. These credits assume that these.cities' costs toshelter aniinals.at PAWS exceed their estimated rebate by greater than $2,750 in Column 2 situati on_ (Bothell served) and $2,875 in the Column 3 situation (Bothell not,served). At reconciliation, if a City with a PAWS shelter contract cannot demonstrate this, it will nof receive the credit..Regardless of how great a PAWS shelter contract cost is, the credit cannot ezceed the amount showri here: Document Dated 5-31-10 49 Exhibit G5 Transitional Licensing Revenue Support Sexvices Provided in 2010 ~ Tl1e Cities that will reeeive Transitioxial Licensing Revenue Support Services in2010 are listed below. These Cities have been selected by deter*nt-dng which cities in 2009 had the lowest per-capita licensing revenue amongst all cities to which the County was:then providing animal care and control services, and (as shown in Exhibit C-1). Gity of Bellevue - City of'Kent City of SeaTac City of Tukwila City of Enumclaw The Transitional Licensing Revenue: Support Services to be provided in 2010 aze detailed in Section 7 of the Agreement. The 2010 Estimated Payment for these Cities incorporates the estimated revenue expected to result from these services. Document Dated 5-31-10 ' 50 Exhibit C-6: Summary of Calculation Periods for Use and Population Components _ THs Exhibit restates in summary table form the Calculation Periods used:#Qr calculating the usage and population components in the formulas to derive Estimated Payments. See Exhibit C for complete formulas and definitions of the formula components. ER is estimated Licensing Revenue attributable to the City CFS is total annual number of Calls for Service originating in the City A is the number of animals in the shelter attributable to the City I is the number of active paid regular pet licenses issued to City residents Pop is Population of the City expressed as a percentage of all Contracting Parties; D-Pop is Population of the City expressed as a percentage of the population of all jurtsdictions within a Control District Calculation Periods Service Year 2010 Component Estimated 2010 Final Reconciliation Payment Payment Estimated 2010 ' Amount xhibit C-1 Pa ent (determined June 2011) ER 2009 Same Actua12010 (July= - December) CFS 2007-2009 Same Actua12010 (July- December) A 2008-2009 Same Actua12010 (July- December) I 2007-2009 Same Actua12010 (July- December) Pop, D-Pop July 2009 OFM Same US Census (published report, adjusted for Apri12011) annexations known approved to occur in or prior to 2010 U Document Dated 5-31-10 51 Calculation Periods Service Year 2011 Component Preluninary Estimated 2011 Reconciliation Estimated 2011 10 Payment Payment Amount Payment (published December (determined June (published August 2U1Q) : 2012) 2010 ER 2007-2009 Same Actua12011 CFS 2007-2009 Same ActuaI2011 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 annexaiions known approved after Augast 2010 and approved after to occur in or prior effective during or Apri12011 to take to 2011. before 2011) effect in 2011 Calculation Periods: Service Year 2012 Component Preliminary Estimated 2012 Reconciliation Estimated 2012 10 Payment Payment Amount Payatent (published December (de6ermined June (published August 2011) 2013.) 2011) ER Actua12010 Same Actua12012 CFS ActuaI2010 Same Actua12012 A Actua12010 Same Actua12012 I Actua12010 Same Actua12012 Pop, D-Pop July 2011 OFM Same (corrected if July 2012 OFM reporE, adjusted for necessary for report, corrected if annexations annexations necessary for known appmved approved after annexations to occur in 2012. August 2011 and approved after effective during or Apri12012 to take before 2012) effect in 2012 Document Dated 5-31-10 52 Exhibit C-7 Payment and Calculation Schedule Serv,ice Year 2010 Qul 1, 2010 - December 31, 2010) Item Date 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) Reconaliation 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) Service Year 2011 Item Date Preliminary estimate of 2011 Esfiimated August 1, 2010 Pa ents rovided to Ci b Coun Fina7'Estimated 2011Payment calculation December 15, 2010 ' rovided to Ci b Coun First 2011 Estimated Pa ent 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 Adjustment Amount August 15, 2012 a able , : Document Dated 5-31-10 , 53 ` 'Service Year 2012 . '.i. >F>« . . Preliminary esfimate of 2012 Estimated August 1, 2011 Payments provided to City by County, (together with notice of, reminder of - deaclline for giving notice:of intent not to ~ automatically extend Agreement an additional.two ears.) - Firtal Estimated 2012,Payment calculation December 15, 2011 rovided to Ci b Coun Notice of' Intenf not to Automatically May 1, 2012 , Extend A eement due First 2012 Estimated Pa ent due June 15, 2012 Second 2012 Estinlated Pa ent due December, 2012 2012 Reconciliation Adjustment Amount On or before June 30, 2013 calculated . 2012 Reconciliation Adjustment Amount On or before August 15, 2013 a able . If the Agreement is extended past December 31, 2012, the schedule is developed in the same manner as described above for years 2011 and 2012. See Section 4 of Agreement for additional details on Extension of the Agreement Term for an additional two years. - Dates for remittal to County of pet license Quarterly, each March 31, June 30, sales revenues processed by Cities (per September 30, December 31 . section 3.c) Document Dated 5-31-10 - 54 Exhibit D Reconciliation The purpose of the reconczliation calculation is to adjust payments made each Service Year by Contxra"retirig Parties to reflecE aetual use, population, licensing rates and licensiiig; and non-licensing revenue data as.compared to the Estimated Payments made. To accomplish 'this, an Adjusted Payment "AP° calculation is made,each June for each Contracting City, ~ using the same formulas from Exhibit C but subsfiifiuting actual values as desarbed below (with one additional cornponenf calculation related to Enhanced Service Contracts). , For Service Year 2010, AP is caleulated based on actual vaiues from the six month period qf the Agreement from July-December 2010, compared against the 2010 Final Estimated Payment for the same six month period, thus: EP-AP=R For Service Years 2011 and beyond, AP is an annualized number, and is compared to the total Estinlated Payments owed by the Party for the Service Year ("EP x 2") to determine a Reconciliation Adjustment Amount ("R"), thus: (EP x 2) - AP = R The value of "R" can be positive or negative; provided that in no event shall a City receiving a Transition Funding Credit for t11e Service Yeaz pay less than $0 for receipt of Animal Services in that year, and in no event shall a City receiving a Resident Usage Credit or ~ Impacf 1Vlitigation Credit for the Service Year pay less than $2,750 (annualized) for receipt of Animal Services in that yeaz if BotheIl is served, nor less than $2,875 (annualized) for receipt of Animal Services in that year if Bothell is not served in such year (for Northern Cities with PAWS contracts in effect as of July 1, 2010, calculations are made inclusive of a City`s actual payments for such year to PAWS for shelter services). As described in Exhibit C, the amount of the Estimated Payment(s) ("EP") for each Service Year are derived from applying Budgeted Net Allocable Costs and historical (Calculation Period) use, pogulation and licensing dafa to the formulas set forth in Exhibit C. These formulas are resfafed below, substituting actual value components (denoted by an "A" in subscript) fo"r purposes of calculating "AP." Terms not otherwise defined here have the meanings set forth elsewhere in Exhibit C or the body of the Agreement. Document Dated 5-31-10 - 55 AP =[AC + AS +AL - AR - T U- M] Where• AC ={[(Ca x.25) x.51 x CFSn} +{[(Cn x. 25) x.~Ix D-Popa} + O AS (for "Northern Cities" with shelter contracts with PAWS) _(Sa x.5 x Popa) = 2 AS (for all other cities) _[Sa x.5 x Popn)] +(ESPn x Popzn) +(SA x S x AA) AL =[(LA x.5 x PopA) +(Ln x.5 x Ia,)] And where: "AC" is the City's adjusted share of the Control Services Cost for the Service Year. "AS" is the City's adjusted share of the Shelter Services Cost for the Service Year. "AL" is the City's adjusted share of the Licensing Services Cost for the Service Year. "T" is the Transition Funding Credit, if any, for the Service Yeaz, provided that the TranSition Credit will be limited if necessary so that the value of AP is not less than zero. "U" is the Resident Usage Credit, if any, for the Service Year, provided that the Resident Usage Credit will be limited if necessary so that the value of AP is not less than $2,750 (annualized) for receipt of Animal Services in that yeaz if Bothell is served and not less than $2,875 (annualized) for receipt of Animal Services in that yeaz if Bothell is not served (for Northern Cities with PAWS contracts in effect as of July 1, 2010, calculations are made - inclusive of a City's actual payments for such year to PAWS for shelter services). "M" is the Impact Mitigation Credit, if any, for the Service Yeaz, provided that the Impact Mitigation Credit will be limited if necessary so that the value of AP is not less than $2,750 (annualized) for receipt of Animal Services in that year if Bothell is served and nof less thari $2,875 (annualized) for receipf of Animal Services in ttiat year if Bothellis not served (for Northern Cities with PAWS contracts in effect as of July.1, 2010, caleulations are made . inclusive of a City's actual payments.for such year.to PAWS for shelter services). "AR" is Actual Licensing Revenue attributable to the City, based on actual Licensing Revenues received from residents of the City in the Service Year. (License Revenue that cannot be attributed to a specific Party (e.g., License Revenue associated with incomplete Document Dated 5-31-10 , 56 address information), will be allocated amongst the Parties based on their respective percentages of total AR). uCw" is Adjusted Budgeted Net Allocable Control Services Cost for the Service Yeaz, . which equa" County's Budgeted Total Allocable. Costs for Control Services in the Service Year, less the Actual Total Non-Licensing Revenue attributable to Control Services in #he Service Year. "CFSn" is the aclual total annual riumber of Calls for the Service Year for animal control services originating within the City e.xpressed as a percentage of the CFSn for aIl Contract • Parties within the Control Distriet: Calls responded to by an Animal Control Officer dedieated to the City per an Enlianced Service Contract are not included in the calculation of CFSA. "D-PopA" is the Adjusted Population of the City, expressed as a percentage of the Population of all jurisdictions witlvn the applicable Control District (pro- rated if necessary to account for annexations over 2,500 occurring during the Service Year) "Popn" is the Adjusted Population of the City expressed as a percentage of the Popuiation of all Contracting Parties (pro-rated if necessary to account for annexations over 2,500 occurring during the Service Year) "O" is the Support Cost Adjusiment Factor amount associated with Enhanced Control Service, if any, as further described in Exhibit D-L "Sw" is the Adjusted Budgeted Net Allocable Shelter Services Cost for the Service Year, which equals the County's Budgeted Total Allocable Costs for Shelter Services less Actual Total Non-Licensing Revenue attnbutable to Shelter operations (i.e., adoption fees, :microchip fees, impound fees, owner-surrender fees, from all Contracting Parties) in the Service Year. ' "ESPn" is the is the sum of all reduced shelter costs allocable to all cities qualifying for such reduced charge in the Service Year (thus incorporating values of Popn). "An" is. the sum of the actual nuniber of animals that during the Service Year that were: (1) _ pieked up by County Animal Control Officers from within the City, (2).delivered by a City resident to the County shelter, or (3) delivered to the shelter that aze owned by a resident - of the City; expressed as a percerctage of the total number of animais in the County shelter during the Service Year. Document Dated 5-31-10 57 uL,an is the Adjusted Budgeted Net Licensing Services Cost for the Service Yeaz, which equals the County's Budgeted Total Allocable Costs . for License Services in the Service Yeai less Actual Total Non-Licensing Revenue attributable to License Services (for example, pet license late fees) in the Service Yeaz. "In" is the actual number of aetive paid regular pet licenses (e.g., excluding buddy licenses or #emporary licenses) issued to City residents during the Service Year. If the resulting calculation shows that the City's AP for the Service Yeaz is less than EP for Service Year 2010 (EP x 2 for Service Yeazs 2011 and beyond), the difference ("R") shall be paid to the City by the County not later than August 15; provided that R shall be limited such that in no event shall the City pay less than zero for Animal Services #or the Service Year if the City received a Transition Credit, and not less than $2750 (annualized) in that year if Bothell is served and not less than $2,875 (annualized) for receipt of Animal Services in that year if Bothell is not served (for Northern Cities with PAWS contracts in effect as of July 1, 2010, calculations are made inclusive of a City's actual payments for such yeaz to PAWS for shelter services). If the resulting calculation shows that the City's AP is more than the EP for the Service Year, the ciifference ("R" ) shall be paid by the City to the County not later than Augusf 15. Documenc Dacea 5-3 i-10 58 Exhibit D-1 Calculation of Support Cost Adjustment Factor Associated with Enhanced Control Service ("O") The Support Cost Adjustment Factor is intended re=allocate certain indirect costs associated with Animal ControT Offieers (AGOs) when an Enhanced Control Service Contract is in place for any Contracting Party and the Enhanced Service is being provided during Regulaz ACO Service Hours as defined in Exhibit A, Part I, Section 2.a. If a Contracting Party purchases Enhanced Control Service during any part of a Service Yeaz, and that Enhanced Control Service is provided during Regular ACO Service Hours, then a Support Cost Adjustrnent Factor ("O") will be calculated for all Contracting Parti.es tn the same Control I}isirict. This calculation will be applied as part of the reconciliation - process. If no Contracting Party within the Control District purchased Enhanced Control Service during any part of a Service Year, or if Enhanced Control Service was purchased but was not provided during Regular AC0 Service Hours, then there is no Support Cost Adjustment Factor (that is, the value of "O" is zero). If "O" is not zero, its value will,be calculated as follows: First; identify the IVon-Direct Service Support Costs for Control Services in a single Control District (including the management, animal cruelty sergeant, call center and IT costs and - general overhead costs; excluding salary, benefits, vehicle and equipment costs). Second, divide this Non-Direct Service Support Cost number by 2(since half these costs are funded through the population-based factor in calculation of "CA"), to derive the Allocable Support Costs. Third, divide the Allocable Support Gosts by 6(the numbei of regular ACOs funded in the base service model) plus the number of Enhanced Animal Control Service Officers providing service in the Control District. For example, if a City (or Cities) in the Control District has purchased .5 FTE equivalent of Enhanced Service, the divisor is 6.5. The resulting dollar amount is then multiplied by the FTE equivalent for fihe Enhanced Service officer (in this example, :5) to derive the Support Cost Adjustment Factor. The Support Cost Adjustment Factor is then applied as follows to determine the value of "O". for each Contracting Party in the Control District: Document Dated 5-31-10 - 59 , 1. : One Half the Support Cost.Adjustment Factor multipliedby the Contraciuig Party's percentage of Calls for Service (CFSw) is applied as a reduction in costs for all Contracting Parties in the Control District. - -2. One Half the Support Cost Adjustment Factor ;(shazed pro rata if Parties aze sharing an Enhariced Control Service officer within the same Control District) is applied as an addition in costs for the Contracting Party purchasing Enhanced Service. ' A hypothetical example follows, based on 2010 Annualized Costs, assuming.5 FTE Enhanced Control Service urchased b 1 Ci in a Gontrol District: Total.Allocable Gontrol Service Costs in the base model $1,698,500 > . (excludin costs of enhanced service officer): Allocable Control Service Costs per District ($1,698,500 - 4) $424,625 'Non-Direct Service Support Costs for Control Seroices in a Single $196,450 Control District Allocable Suppart Costs (allocable based on Llse) $98,225 ($196,450 = 2) . Support.Cost Adjustment Factor $7,556 $98 225 = 6 S x. SFTE Assume 4 Parties in Control District City A% of Calls for Service, actual (CFSA) = 20% City B CFSA = 30% City C CFSA = 10% County CFSA ° 40% Assume City A purchases ,5 FTE Enhanced Control Service for the full Service Year. - Resultin 2010 annualized costs for "O" shown for each Ci and Coun in the rows below: _ CityA value of "O" is an additional cost of ($7,556 r• 2) - [20% x ($7,556 $3,778 - $75 6 = $3,022. $3,022 Ci B value of "O" is a cost reduction of 30% x($7,556 -2) -$1,133 Ci C value of "O" is a cost reduction of 10%x $7,556 - 2 -$378 - Coun value of "O" is a cost reduction of 40% x($7,556. = 2) -$1,511 . Docume►n Dated 531-10 60 Exhibit E Enhanced Control Services Contract (Optional) ; . - Befween Gity of . (uCity") and,King County ("County") _ _ The County is prepared to offer Enhanced Control Services to the City subject to the terms ~and conditions as described herein. The provisions of this Exhibit are optional and shall not be effective unless tliis Exhibit is executed by both the City and the County and the City and the County have entered:into the underlying Agreement. The Parties may - agree to enter into this Enhanced Control Services Contract ("Contract") at any point ciuring the term of the Animal-Services Interlocal Agreement between the City and the County dated effective July 1, 2010 ("Agreement") and prior to August 1, 2011. A. The County shall provide enhanced Control Services to the City in the form of an animal control officer dedicated to the City ("Dedicated Officer") as described in Attachment A(Enhanced Service Options Matrix). Such services shall be provided for the period of time and cost described on Attachment A and may not be for a term of less than one year except as per subpazagraph 1 below. Costs identified, in Attachment A are for one (1) year of service, in 2010 dollars, and include the cost of the employee (salary, benefits), ; equipment and animal control vehicle for the employee's use. Thus, the cost for service foi July `1 through December 31, 2010 will be one-half the amount shown in Attachrnent A. Annual costs are subjeet to adjustment each yeaz, limited by the Annual Budget Inflator Cap: (as defined in the Agreement). L Notwithstanding the foregoing, a City, requesting enhanced control services , beginning in July 2010 can require that its Contract term end on December 31, 2010, in the event the County implements (at the County's expense) an additional2 days per week of Confrol Seryices countywide beginning in January2011 (resulting in 7-day per week/8 hour day minimum). If such additional service is not.funded by the County, the City's Confract for enhanced Control Services will remain in effect for such langer period as the City has requested (not less than one year in total). B. Senrices of the Dedicated Officer shall be in addition to the Animal Services otherwise ' provided to the City by the County through the Agreement. Accordingly, the calls . responded to by the Dedicated Officer shall not be incorporated in the .calculation of the City's Calls for Service (as further described in Exhibit C and D to the Agreement). However, if the City is requesting that the Enhanced Service occur during Regular ACO Service Hours, the City will pay a Support Cost Adjustinent Factor as part of the Document Dated 5-31-10 61 Reconciliation Adjustment Amount, calculated per Exhibit D-1 of the Agreement, in addition to the costs described herein. C. The scheduling of work by the Dedicated Officer shall be determined by mutual agreement of the contract administrators identified in Seetion 16 of the Agreement, and the mutual agreement of officials of other Cities named as contract administrators that have committed to sharing in the expense of the Dedicated Officer; provided in the event the parties are unable to agree, the Couniy shall have the right to finally determine the ` schedule of the Dedicated Officer in order to best meet the requests of multiple cities in ligtit of work rules applicable to the Dedicated Officer. D. Control Services to be.provided to the City pursuant to this Enhanced Services Contract include Control Services of the type and nature as described under the - Agreement with respect to Animal Control Officers serving in Control Districts, and include but are not limited to, issuing .written warnings, citations and other enforcement notices and orders on behalf of the Ciry, or such otlier services as the Parties may reasoriably agree. E. The County shall provide the City with a general quarterly calendar of scheduled service in the City, and a monthly report of the types of services offered and performed. F. An FT'E will be scheduled to serve 40 hour weeks, however, with loss of service hours potentially attributable to vacation, sick leave, training and furlough days, a minimum of 1600 hours per yeaz will be provided. Similarly, a half : time FTE will provide a minirnum of 800 hours per yeaz. The County shall submit to the Cify an invoice and billing voucher at the end of each calendaz quarter; excepting that during the 4thquarter of each yeaz during the term of this Contract, an invoice shall be submitted to the City no later than December 15t'. All invoiced amounts shall be payable by the City within 30 days of the invoice date. G. The City or County may terminate this Enhanced Services Contract with or, without cause upon providing not less than 3 months written notice to the other Party; provided that, if the City is sharing the Enhanced Control Services with other Contracting Cities, this Contract may only be terminated by the City if: (1) all such other Contracting Cities similarly agree to terminate service on such date, or (2) if prior to such termination date another Contracting City or Cities enters into a contract with the County to purchase the Enhanced Control Service that the City wishes to term:inafe;provided further: except as provided in Paragraph: A:1, a Confract may not be terminated if the term of service resulting is less than one year. . Document Dated 5-31-10 62 , . H. AIl terms of the Agreement, except as expressly stated otllerwise in this Exhibit, shall apply to #his Enhanced Control Services Contract. Capitalized Terms not defined herein have those meanings as set forth in the Agreement. IN WTTIVESS WHEREQF;-the Parties hereto have caused this Enhaneed Services Goritract to be executed effective as of this day of , 20,1_. King County City of Dow Constantine By: King County Executive Mayor /City Managei Date Date Approved as to Form: Approved as to Form: Deputy Prosecutirig Attorney City Attorney Dceument Dated 5-31-10 _ 63 Exhibit E: Attachment A ENHANCED CONTROL SERVICES OPTION REQUEST (to be completed by. City requesting Enhanced Control Services; final service texms subject fo adjustment by County and agreement by City and will be rnnfirmed in writing execufed and appended to E)hibit :E) City_ Requested Enhanced Control Services Start Date: Requested Enhanced Control Services End Date: * *term of service must be at least one year, except as provided in Paragraph A.1(alternate service end date must be provided in event sales tax vote is not approved). % of Full Time Equivalent Officer (FTE) requested: (minimum request: 20%; requests must be in multiples of either 20% or 25%) General Description of desired services (days, hours, nature of service): Cities with whom the City proposes to share the Enhanced: Control Services, and proposed percentages of an FTE those Cities are expected to request- On behalf of the City, the undersigned understands and agrees that the County will attempt to honor requests but reserves the right to propose aggregated, adjusted and variously scheduled service, including but not limited to adjusting allocations of service from increments of 20% to 25%, in order to develop workable employment and scheduling for the officers within then-existing workrules, and that the City will be allowed to rescind or amend its request for Enhanced Control Services as a result of such proposed changes. Requests that cannot be combined to equa150% of an FTE,100% of an FTE, or some multiple thereof may not be honored. Service must be requested for a minimum term of one-yeaz, except as permitfed by Paragraph A.1. Service may not extend beyond the term of the Agreement. Documem Dated 5-31-10 64 City requests that alone or in combination with requests of other Cities equal at least 50% of an FTE wi11 be charged at the rate in Column 1 below. ~Cityrequests tttat,alone or in combination with other requests for Enhanced Control Sexvices equa1100% of ah-=FTE will be charged at the :rafe in Column 2 below. Cities may propose a differen# allocation approach for County consideration. An FTE will be scheduled to serve 40 hour weeks, however, with loss of hours potentially atEributable to vaeation, sick leave; training and furlough days, a minimum of 1600 hours per year will be provided.. A half-time FTE will provide a minimum of 800 hours per year. For example; a commifinent fo purchase 20% of an FTE #or enhanced service will result in - provision ofnot less than 320 hours per year. Hours of service lost for vacation, sick leave, training and furlough days will be allocated on pro rata basis between allcities sharing the services of that FTE. _ Colmmn 1: Column 2: . , Aggregate of 50% of an FTE Requested by Aggregate of l FTE Requested by all ' all Partici atin Cities Partici atin Cities ' Cost fo City: (°/a of Half-Time FTE Cost to City: (%o of FTE requested) x requested) x$75,000/year in 2010* $115,000/year in 2010 * Example: if City A requests 25% of an Example: If City A requests 25% of an FT'E FTE and. City B requests 25% of an and Cify B requests 25% of an FTE and FTE**., then each city would pay $18,750 City C requests 50% of an FT'E, 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 far Enhanced Control Services from July 1;2010 through **(50% of a Half-Time FT'E) December 31,2011. *2010 annual cost; subject to annual.inflator adjustment as described in Paragraph A. Request Signed as of this _ day of , 2010. City of By: Its Document Dated 5-31-10 65 ~es 'fGd Z- 'KING COUNTY tioox;ngcounty'counnomw . 516 Third Avmuc • Seattlc, WA98104 Signature Report fth+' June 29, 2010 : Ordinance 16861 Prnposed No. 2010-0325.2 . Sponsors Patterson 1 AN ORDINANCE relating to the provision of regional 2 animal care and control services; amending Ordinance 3 12076,. Section 9, as amended, and K.C.C. 4,08.015, 4 Ordinance 12076, Section 10, as amended, and K:C.C: 5" 4.08.025, Ordinance 1269, Section l, as amended, arid; 6 K.C.C. 1 l.02_O10, Ordinance 1269, Section 3, as amended, 7 and K.C.C. 11.02A20, Ordinance 1396 Article I, Section 2, 8 as amended, and K.C.C. 11.04.010, Ordinance 1396, 9 Article I, Section 3, as amended; and K.C.C. 11.04.020, 10 Ordinance 1396, Article II, Section 1, as amended, and 11 K.C.C. 11.04.030, Ordinance 10423, Section 3, as 12 amended, and K.C.C. 11.04.033, Ordinance 7416, Section 13 2,.as amended, and K.C.C. 11.04.035, Ordinance 1396, 14 Article II, Section as amended, and K.G.C. 11.04.050, 15 Orclinance 1396, Article II, Section 4,. as amended, and 16 K.C.C. 11.04.060, Ordinance 1396, Article Il, Section 5, as 17 amended, and K,C.G 11.04.070, Ordinance 1396, Article 18 II; Section 6, as amended, and K.C.C. 11.04.080, 19 Ordinance 1396,'Article II, Section l2_ as amended, and 1 Ordinance 16861 20 K.C.C. 11.04.140, Ordinance 1396, Article II, Section 13, 21 as amended, and K.C.C. 11.04.150, Ordinance 1396, - 22 Article II, Section 14, as aznended, and K.C:C. 11.04:160, , 23. Ordinance 10809, Secfion 3, as amended, and K.C.C. . 24 1 l! 04.165, Ordinance 10809, Section 4, as amended, and 25 K.C.C. 11,.04:167, Ordinance 1396, Article III, Section l, 26 as amended, and K.C.C. 11.04;170, Ordinance 1396, 27 Article III, Section 2, as amended, and K.C.C. 11:04.180, 28 Ordinance 1396, Article III, Section 5, as amended, and 29 K.C.C. 11.04:210, Ordinance:1396, Article III; Section 6, . 30 as amended, and K.GC. 11.04:220, Ordinance 1396, 31 Article III, Section 8, as amerided, and K:C:C. 11.04.250; . 32 Ordinance 1396, Article III; Section 9; as amended, and 33 K.C.C. 11.04260, Ordinance 1396, Article:IlI, Section 10, 34 as amended, and K.C.C. 11.04.270, Ordinance 1396, 35 Article III, Section 12, as amended, and K.C.C. 11.04.290, 36 Ordinance 6370, Section 12, and K.C.C. 11.04.330, 37 Ordinance 7986, Section 3, as amended, and K.C.C. 38 11.04:335, Ordinance 10423, Section 24; as amended, and . 39 K:C.C.:11.04:410, Ordinance 10423, Section 6, as 40 amended, and K.C.C. 11.04.500, Ordinance 10423, Section 41 22, as amended, and K.C.C. 11.04.550, Ordinance 10423, 42 Section 26, as amended, and K.C.C. 11.04.570, Ordinance 2 Ordinance 16861 43 3732, Section:l, as amended, and K.C.C. 11:08.040; . 44 Ordinance3548, Section 5; as amended, and K.C.C. 45 11.08,060, Oidinance 1] 150, Secfion 7-2, and K.C.C. 46 11.08.075, Resvlution 27312, Section 1; as amended, and 47 K.C.C. 11.12.010, Ordinance 2473, Section 2, as amended, 48 and K.C.C. 11:28.02O, Ordinance 2473, Section 6, as 49 amended, and K.C.C. 11.28.060, Ordinance 2473, Section . 50 7, as amended, andK.GC. 11.28.070, Ordinance 3232, 51 Section 2, as amended, and K.C.C. 11.32,020, Ordinance 52 3232, Section 9; as amended, and K.C.C. 1132:090 and . 53 Ordinance 3232 Section 13, as amended, and K.C.C. 54 11.32.1 W. adding a newsection to K.G:G:- chapter 2.80, ' 55 adding a new section to K.C.C. chapter 4:08, adding a new 56 section to K.C:C, ctiapter 4.100, adding new sections to 57 K.C.C. chapter 11.02,:repealing Ordinance 1396; Article II, 58 Seciion 2, as amended, and K.C.C. 11.04.040, Ordinance 59 6370, Section 11, as amended, and K.C.C. 11.04.320, 60 Ordinance I0423, Section 10, as amended, and K.C.C. 61 11.04.590; Ordinance.94b4, Section l, as arriended, and 62 K.C.C. 11.06.010, Ordinance 9464, Section 2; as amenaea, 63 and K.C.C. 11.06.020, Ordinance 9464, Section 3, as 64 amended, and K.C.C. 11.06.030; Ordinance 9464; Section 65 4, and K.C.C. 11.06.040, Ordinance-9464, Section 5, and 3 Ordinance 16861 66 K.C.C. 11.06.050; Ordinance 9464, Section 6, as amended, 67 and K.C:C. 11 _06.060 and Ordinance 9464, Section 7, and .68 K.C.C. 11.06.074, adding a new`section to K.C:C. chapter 69 4.08 and prescribing penalties. ' 70 STATEMENT OF FACTS: 71 1. King County animal care and control has provided serdices to the 72 unincorporated azeas of King County and by contract to the ma}ority of ~73 cities in the courity in exchange for retention of their pet licensing revenue ' 74 since the mid-1980s. 75 2. The county general fund contribution to the provision of animal . 76 services has increased over the years; culminating in a general fund - 77 contribution of nearly $3 million in recent years. 78 3. Motion 13092, adopted by the metropolitan King County council on 79 November 9, 2009, directed the, county executive to end the provision of so animal shelter services by King County for contract cities and for 81 unincorporated King County as soon as possible but no later than January 82 31, 2010, and to enter into new full cost recovery contracts with cities for 83 animal control and licensing services by June 30, 2010. 84 4. The 2014 Budget Ordinance, Ordinance 16717, Section 30; provided 85 funding for animal care and control such that sheltering services would be . 86 provided only through January 31, 2010: ~ 87 5. With the adoption of Ordinance 16750, extending FTE authority for 88 animal sheltering services through June 30, 2010, the county recognized 4 Ordinance 16861 89 that there is currently not sufficient sheltering capacity in the region to 90 close the King County animal shelter. The extension of FTE authority 91 provided a common deadline for the county to work with cities on a new 92 regional model for animal services; inclusive of aniimal sheltering, animal 93 control, and pet licensing functions. 94 6. A regional model for animal services enables the county and the cities 95 to provide for better public health, safety, animal welfare and customer 96 service outcomes at a lower cost than jurisdictions are able to provide for 97 on their own. This is accomplished through properly aligned financial 98 incentives, partnerships to increase revenue, economies of scale, a 99 consistent regulatory approach across participating,jurisdictions and 100 collaborative initiatives to reduce the homeless animal population and 101 Ieverage private sector resources while providing for a level of animal care 102 respected by the community 103 7. Beginning in January of 2010, a joint cities-county:work group began 104 meeting on a weekly basis to develop a new regional animal services 105 model for King County and individual cities to consider. The work group 106 included representation from King County and the cities of SeaTac, 107 Tukwila, Kent, BelIevue, Redmond, Sammamish, Shoreline and Lake 108 Forest Park. : 109 8. On February 26, 2010, the executive transmitted to the council an 110 implementation plan for entering into new animal services contracts with 111 cities. 5 Ordinance 16861 112 9. Consistent with the implementation plan, the joint cities-county work 113 group for regional animal services developed an agreement in principle for 114 a new regianal animal services model that defines services;--expenditures, - 115 cost and revenue allocation methodologies and collaborative initiatives for 116 increasing revenues through fees, penalties, and other means for animat 117 shelter,_animal control and pet licensing services. The agreement in 118 principle and supporting materials were shared with all cities, the county A19 council, and the public in early April, through presentations to city 120 managers and administrators, the suburban cities' association public issues 121 committee,, the regional policy committee, numerous city council meetings 122 and through individual meetings with county and city official"s and staff. • 123 10. Consistent.with the implementation plan, the joint cities-county work 124 group for.regional animal services developed an interlocal agreement for 125 animal services based on the agreement in principle. 126 11. The proposed interlocal agreement provides for regional anirrzal services to be 127 funded in part by revenue earned through license sales and fees and fines. In 128 2010, this revenue is estimated to total about twc-thirds of expenditures. 129 12. King County and cities participating in the interlocal agreement have 130 , a mutual interest in increasing program revenue to support ariimal ' 131 services, including through: (a) changes to pet license fees; (b) prograriis, 132 penalties and other incentives to increase pet license sales; (c) enforcement . 133 of city and county codes requiring the licensing of pets; (d) gifts, bequests 134 and donations that promote animal welfare; and (e) entrepreneurial 6 . Ordinance 16861 135 ' programs for raising revenue„ such as sponsorships, advertising, naming 136 rights, concessions and fundraising events. 137 13. The proposed interlocal:agreement requires cities to enact an 6W' ' 138 ordinance or resolution that includes license, fee, penalty, enforcement, 139 impound/redemption and shelteringprovisions that are substantially the 140 same as those of Title 11 of King Counry. Code. 141 14. King County residents and volunteers regularly donate funds to King County 142 to enhance the welfare of animals generally or through specific means such as 143 providing for animals' special medical needs or supporting spay/neuter services. 144 Expedient access to these funds for use in the manner in which they were donated 145 is critical to the welfare of animals in King County's care. . 146 BE IT ORDAINED BY THE COUNCIL OF KING COUNTY: 147 NEW SECTION. SECTION I. There is hereby added to K.C.C. chapter 2.80 a 148 new section to read as follows: 149 This chapter does not apply to gifts, bequests or donarions, of under f fty thousand 150 dollars, received for animal care and control purposes. 151 SECTTON 2. Ordinance 12076, Section 9, as amended, and K.C.C. 4.08.415 aze - 152 hereby amended to read as follows: - 153 A. First tier funds and fund maniagers are as follows: Fund Fnnd Title Fund Manager No. 103 County Road Dept. of. Transportation 7 Ordinance 16861 104 Solid Waste Landfill Post Closure Dept. of Natural Resources and Maintenance Pazks ` ' 109 Recorder's O& M ~ Dept. of Executive Services 1.11 Enhanced-911.Emergency Tel Sysfem Dept. of Executive Services 112 Mental Health Dept. of Community and Human Services 113-5 Menfal Illness and Drug Dependency Dept. of Commuriity and Human Services ~ 1 I4-1 Veterans Services Levy Dept. of Community and Human Services I 14-2 Health and Human Services Levy Dept. of Community and Human Services 115 Road Improvement Guaranty Dept. of Transportation 117 Arts and Cultural Development Dept. of Executive Services 119 Emergency MedicaI Services Dept. of Public Health 121 Surface Water Management Dept. of Natural Re.sources and Pazks 122 Automated Fingerprint Identification Dept. of Public Safety System " 124 Citizen Councilor Revolving Auditor 128 Local Hazardous Waste Dept. of Public Health r 129 Youth Sports Facilities Grant Dept. of Natural Resources and 8 I Ordinance 16861 , Parks • ] 31 Noxious weed control fund Dept. of Natural Resources and " Farks . 134 Development and Environmental Dept. of Development and Seryices Environmentat Services 137 Clazk Contra.ct Aclministration Office of Management and Budget 138 Parks Trust and Contribution Dept. of Natural Resources and Parks 139 Risk Abatement Office of Management arid Budget 145 Pazks and Recreation Dept. of Naturat Resources and Parks 156-1 KC Flood Control Operating Contract Dept. ofNatura.i Resaurces and Parks 164 Two-Tenths Sales Tax Revenue Dept. of Transportation. Receiving _ 165 Public Transit Self Insurance Dept. of Transportation 215 Grants tier 1 fund Dept. of Executive Services . 216 Cultural Resource Mitigation Fund Office of Strategic Planning and . Performance Management 309 Neighborhood Parks-and Open Space Dept: of Executive Services 312 HMC Long Range CIP Dept, of Executive Services 315 Conservation Futures Dept. of Natural Resources and 9 Ordinance 16861 Parks 316 Parks, Rec. and Open Space Dept. of Fxecutive Services . _ 318 Surface and Storm Water Mgmt Const Depit. of NaturaI R~sources and Parks 320 Public Art Fund Dept. of Executive Services 322 Housing Opportunity Acquisition Dept. of Comrriunity and Human Services Z326 1990 Series B Youth Detention Facility Dept. of Executive Services 327 ` Equipment and Building Acquisition Dept. of Executive Services 329 SW1VI CIP Construction 1992-1997 Dept. of Natural Resources and ` Parks • 331 Long-Term Leases Dept. of Executive Services 334 Capital Acqn and County Fac . Office of Management and Budget Renovation 335 Youth Services Facilities Construction Dept. of Executive Services 338 Airport Construction Dept. of Transportation 339 Working Forest 1995 B Dept. of Natura'A Resources and Parks 340 Park Lands Acquisition 1993 Dept. of Natural Resources and Parks ~ 340-3 Urban Reforestation and Habitat . Dept: of Natural Resources and Restoration Parks 10 Ordinance 16861 - 341 Arts and Historic Preservation Capitat Dept of Execntive Services 342 Major Maintenance Reserve Dept. of Executive Services 343 Core GIS Capital ~Project Dept. of Natural Resources and . Parks 346 Regional Justice Center Constiuction Dept. of Executive Services 347 Emergency Cammunications System Dept:.of Executive Services 349 Parks Facilities Rehabilitation Dept. of Executive Services 350 Open Space Acquisitian . Dept. of Natural Resources and Parks 357-1 KC Flood Control Capital Contract Dept. of Natural Resources and Parks 358 Parks Capital Frind Dept. of Natural Resources and Parks 364-3 Transit Cross-Border Lease Financing Dept. of Executive Services Fund 369 . Transfer of Development Credits Dept. of Natural Resources Parks Program (TDC) Fund 377-1 OIRM Capital Fund Office of Information Resource Management 378 Information and Telecommunications Dept. of Executive Seryices Capital.Improvement Fund 381 Solid Waste Cap Equip Recavery Dept. of Natural Resovrces and il Ordinance 16861 Parks _ 383 Solid Waste Environmental Reserve Dept. of Natural.Resources and Parks . , 384 Farmland and Operi Space Acquisition Dept. of Natural Respurces and Parks 385 Renton Maintenance Fac. Const Dept of Transportation _ 386 County Road Construction Dept. of Transportation 397 HMC~Construction Dept. ofExecutive'Services . 390 Solid Waste Constrvction Dept: of Natural Resources and . Parks 391 Landfill Reserve Dept. ofNatural Resources and , Parks 394 Kingdome CIP Dept. of Executive Services 395 Building Capital Improvement Dept. of Executive Services 396 HMC Buiiding Repair and Replacement Dept. of Executiye Services 404 ' Solid Waste Operating Dept. of Natural Resources and Parks 429 Airport Operating Dept. of Transportation 448 Stadium Management Dept. of Executive' Sexvices 453-1 Institutional Network Operating Fund Dept. of Executive Services - 461 Water Quality Dept. of Natural Resources and Parks ` 12 Orciinance 16861 ~ 464 Public Transportation . Dept. of Transportation 542 Safety and Workers' Compensation Dept of Executive Serviees 544 Wastewater Equipmerit Rental and Dept. of Transportation Revolving Fund 546 Department of Executive Service Dept. of Executive Services Equipment Replacement 547 Office of Information Resource Dept. of Executive Services . Management Operating Fund 550 EmpIoyee Benefits Program Dept. of Executive Services SS l Facilities Mana.gement Dept: of Executive Services 552 Insurance Dept. of Executive Services 557 Public Works Eguipment Rental Dept. of Transportation 558 . Motor Pool Equipment Rental Dept. of Trans,portation 560 Printing/Graphic Arts Services Dept. of Executive Services 603 Cultural Resources Endowment Dept. of Executive Services 622 Judicial Administration Trust and Dept. of Judicial Administration Agency 624 School District Impact Fee. Office of Management and Bvdget 674 Refunded Ltd G0 Bond Rdmp. Dept: of Executive Services 675 Refunded Unltd GO Bond Dept. of Executive Services 676 H&CD Escrow Dept. of Executive Services 693 Deferred Compensation Dept. of Executive Services . 13 Ordinance 16861 694 Employee Charitable Campaign Dept. of Executive Services - : Contributions ' 696 Mitigation Payment System Dept. of Transportation 843 DMS Limited GO Bonds Dept. of Executive Services 890 ULID Assessment - 1981 Dept. of Transportation 1010 Climate Exchange Fund Office of Management and Budget 1411 Rainy Day Reserve Office of.Management and Budget I421 Children and Families Services Dept. of Community and Humaii Services 1590 iViarine Division Operating Fund Dept_ of Transportation 3590 Marine Division Capital Fund Dept. of Transportation 459Q Animal -Bequest Fund Dept. of Executive ServiCes Historical Preservation and Historical Dept of-Bxecutive Services Programs Fund : 154 B. The following shall also be first tier funds: • ; 155 1. All funds now or hereafter established by ordinance for capital construction 156 through specific road improvement districts, utility local improvement districts or ]oc :1 1571 improvement districts. The director of the department of transportation shall be.the fund 158 manager for transportarion=related funds. The director of the department of natural 159 resources and parks shali be the fund manager for utility-related funds'. 160 2. All county funds that receive original proceeds of borrowings made under 161 Chapter 216, Washington Laws of 1982, as now existing or hereafter amended, to the 162 extent of the amounts ihen outstanding for the borrowings for that fund. For purposes of , 14 Ordinance 16861 163 this subsection, the director of the county department oroffice primarily responsble for 164 - expenditures from tfiat fund sha11 be the fund manager. 165 3. Any othei fund as the cb~cil may hereinafter prescribe by ordiaance to be 166 invested for its own benefit. County funds shall be treated as gTOVided in K.C.G 4.10.110 167 imless a designation is made bythe council. 168 NEW SECTION. SECTION 3. There is hereby added to K.C.C: chapter 4.08 a 169 new section to read as follows:' 170 A. There is hereby createii tIie=aniinal bequest fund. The fund shall be a first tier 171 fund as described in this chapter: -The directar of the department of executive services 172 shall be the manager of the fund. Ali receipts and eamings from gifts, bequests and 173 donations shall be deposited and credited to the fund. The fund may only be used in 174 accordance with donor restrictioris`-arid for regional animal services purposes, including 175 but not'limited to housing of animals, medical attention for animals, public education, 176 animal shelter improvements and such other purposes that further the general welfare of 177 animals. All revenue in the animal bequest account within, the general fund and any 178 subaccounts of the account as of the effective date of this ordinance shall be transfened 179 to the animal bequest fund. 180 SECTION 4. Ordinance `12076, Section 10, as amended, and K.C.C. 4.08.025 are 181 each hereby amended to read as follows: 182 Second tier funds and fund managers are: as follows, except to the extent that all 183 or a portion of any listed fund is a first tier fund by virtue af any other provision of this , 184 chapter or other ordinance: - 15 Ordinance 16861 - Fund No. Fund Title Fund Manager 001 Current Expense Budget Organization in Executive Office - 105 • River Improvement Dept. of Natural Resources and Paiks ' 107 Developmental Disabilities Dept. of Community & Human Services 108 Civil Defense Dept: of Public Safety 120 Treasurer's O,& M Dept. ofExecutive Services~. : 126 Alcohol & Substance Abuse Services Dept. of Community & Human Services I$0 ~ Public Health ' Dept. of Public Health 182 Inter-Courity River Improvement Dept. of Natural Resources and Parks 214 Miscellaneous Grants Dept. of Executive Seryices 224 Youth EmpIoymentPrograms Dept. of Community &.Human Services 246 Community Dev Block Grant Dept. of Community & Human. Services 548 Geographic Information Systems Dept. ofNatyral Resources and_Parks 553 Computer and Communication , Dept. ofExecutive Services Services 661 Deceased Effects Dept. of,Executive Services 662 Real Prop Title Assurance Dept. of Executive Services - 663 Treasurer's . Prop Tax Refund Dept. of Executive Services - 664 Prop Tax Foreclosure Sale Excess Dept. of Executive Services 666 RealProp Advance Tax Collection Dept. of Executive Services 668 Ad Valorem Tax Refund Dept. of Executive Services 669 Certificate of Redemption LID Dept. of Executive Services 16 Ordinance 16861 ~ BSSIIIt. 670 Undistributed Taxes Dept. of. Executive Services 672 Cert/redemption Rea1 Propr' Dept. of Executive Services . ' 673 Miscellaneovs Tax Distnbution Dept. of Executive Services 677 Property Tax Suspense Dept: of Executive Services 678 King County. Fiscal Agent Dept. of Executive Services 697 Mailroom Prop Tax Refund Dept. of Executive Services 698 Misctllaneous Agency , Dept: of Executive Services 699 Assessment Distribution/Refund Dept: of Executive Services 850 , Unlimited GO Bond Redemption Dept. of Executive Services 860 Regional Animal Services Dept. of Exeeutive Services 185 NEW SECTTON. SEGTION S: There is hereby added to K.C.C. chapter 4.08 a 186 new section to read as follows: 187 . There is hereby created the regional animal services fund. This fund shall be a 188 second tier fund managed by the department of executive services. The regional animal 189 services fund shall be used to coIlect revenue from city contracts and other funding 190 sources and to expend funds for regional animal services and related administration under 191 an annual appropriation." 192 NEW SECTION. SECTION b. There is hereby added to K.C.C. chapter 4.100 a 193 new section to read as follows: 194 The records and licensing services division is. authorized to accept electronic 195 payments for;animal care and control and pet )icensing puiposes, including for all fees 196 and penalties in K.C.C. 11.04.035. The records and licensing services division is 17 Ordinance 16861 197 authorized to absorb the operational and business costs of accepting these electronic 198 payments, including bank and processing fees charged by electronic payment vendors, 199 subject td`appropriation authoriTy being provided by the county. council. 200 SECTION 7: Ordinance 1269, Section l, as amended; and K.GG. 11.02A10 are , 201 hereby amended to read as fotlows: 202 There is established a regional animal services . 203 section in the records and licensing services division. The ' 204 regional animaPservices section is by this chapter designated the agency authorized to 205 provide animal care services and enforce animal eontrol laws. 206 SECTION 8. Ordinance 1269, Section 3, as amended, and K.C.C. 11.02.420 are . 207 hereby amended to read as follows: 208 Ttere is established within the ' _ regional.animal 209 services section the pasition of manager of the ((animal regional 210 animal services section, to be compensated at a rate established in accordance witli 211 county personnel policies. 212 NEW SECTION. SECTION 9. There is hereby added to K.C.C. chapter 11.02 a 223 newsection to read as follows: . 214 The director of the departmentof executive services is authorized to enter into 215 concession agreements with vendors to sell animal-related products and services at the . 216 King County animal shelter and at other county facilities and evenfs. The revenue from 217 these concession agreements shall be applied solely to regional animal services. 218 NEW SECTION. SECTION 10. There is hereby added to K.C.C. chapter 11.02 219 a new section to read as follows: 18 Ordinance 16861 220 A. Cqnsistent with K.GC. chapter 3.04, the executive, the director of the 221 departrnent of executive services, the manager of the records and.licensing services 222 division, the manager of the regionai anim&services section, the council and 223 councilmembers, and staff who report directly to those officers or officials and who do so 224 at those officers' or officials' dinection, may solicit and accept from the general public and 225 business communities and all other persons, gifts; bequests and donationsto the county in 326` support of regional animai services. 227 B_ All gifts, bequests and donations of ineney to the county for regional animal 228 services shall be deposited and credited to the animal bequest fund created under section 229 3 of this ordinance. 230 C. The director of the department of executive services shall assure that 231 expenditures from ttie gift; bequest or donation aze consistent with the terms, if any, 232 requested by the grantor. 233 NEW SECTION. SECTION 11. There is hereby added to K.C.C. chapter 11.02 234 a new section to read as follows: 235 A. The director of the department of executive services may negotiate `and enter 236 into advertising, sponsorship and.naming rights agreements for the purpose of providing 237 f nancial support for regional animal services programs. Advertising shall be restricted to 238 commercial speech. 239 B. Advertisers and sponsors sha11 abide by the nondiscrimination requirements'of 240 K.C.C. Title 12. Furthermore, an advertising, sponsorship or naming rights agreement 241 may not result in advertisement of spirits or tobacco products in violation of K.C.C. 242 chapter 12.51. , 19 Ordinance 16861 243 C. The director may:imgose additional subject-matter restrictions on advertising, " 244 sponsorship and naming rights agTeements consistent with applicable law. 245 D. Rt-venue generated ficom advertising, sponsorships and naming:rigtits 246 agreements entered into:under.this section shall be applied solely to regional animal 247 seivices. 248 SECTION 12. Ordinance 1396, Article I, Section 2, asamerided, and K.C.C. - 249 11.0.4.010 are hereby amencied to read as follows: 250 A. It is declared fhe.public policy ofthe county to secure and maintain such . 251 levels of animal caze and control as will protect animal and human health and.safety, and 252 to the greatest degree practicable to prevent injury to property and cruelty: to animal life. 253 To this end, it is the purpose of this chapter to provide a means of caring-for animals,. 254 licensing dogs, cats, ((aiifnal-shelters)) hobbv catteries, hobby kennels ((~s aFid-pet ' 255 sheps)) and related facilities and controlling errant animal behavior so that it shall not 256 become a public nuisance and to prevent cruelty to animals. 257 B. If there is a conflict between a provision of this chapter and a provision in 258 K.C.C. Title 21A, the provision in K.C.C. Title 21A shaI1 control. 259 SECTION 43. Ordinance 13,96, Article I, Section 3, as amended, and K.C.C. 260 11.04.020 are hereby amended to read as follows: 261 In construing this chapter, except where otherwise plainly declared or clearly 262, apparent from the context, words shall be given their common and ordinary: meaning. In 263 ~ addition; the following definitions apply to this chapter: 264 A. "Abate" means to terminate any violation by reasonable and lawful means 265 determined by the manager of the ' repional animal 20 Ordinance 16861 266 services section in order that an owner or a person presumed to be the owner shall 267 comply with this chapter. 268 B. "Altered" means spaved or neutere&- ' • 269 C. "Animal" means any living creature except Homo sapiens, insects and worms. , 270 ((G.-)) U. "Animal care and controi authority" means the 271 eentrel)) regionat animal services section of the`records and licensing'services division, 272 acting alone or'in concert with other municipalities for enforcement of the animal care 273 and control Iaws of-the county and state and the slielt~r and.welfare of animals. " 274 ((D:)) E. "Animal care and control officer" means any individual employed, 275 contracted or appointed by the animal care and control authority for the purpose of aiding 276 in the enforcement of this chapter or any other law or ordinance reIating to the care and 377 licensing of animals, controI of animaIs or seizure and impoundment of animals, and 278 includes any state or municipal peace officer, sheriff, coristable or other employee whose ° 279 duties in whole ar in part include assignments that involve the seizure and taking into 280 custody of any animal. . 381 ((E-)) F. "Cattery", means a place where four or more adult cats are kept; whether 282 by owners of the cats or by.persons providing facitities and care, whether or riot for 283 compensation, but not including a pet shop. An adult cat is one of either sex, altered or 284 unaltered, that is at least six months oId. ' 285 G. "Domesticated animal" means a domestic beast, such as any dog; cat, 286 rabbit, horse, mule, ass, bovine ariimal, lamb, goat, sheep, hog or other ariimal made to be ` 287 domestic. 21 Ordinance 16861 288 ((Fr)} H. "Euthanasia" means the humane destruction of an animal accomplished 289 by a method that involves instantaneous unconsciousness and immediate death or by a 290 me#hod that causw painless loss of consciousness and death during the loss of.. 291 consciousness. 292 ((H-.)) L"Rostering" means obtaining unwanted dogs or cats; and locating 293 adoptiye homes for those-licensed and spayed or neutered dogs or cats. ((ndi-Aduals 294 wte . st, *e f ,..s.. a,.,,. a ,..,*snnd ~,vt,,, +t,.. ..i. tt~e ti. ~t ~ o~' ~ 'b- ~ ~ z~om \ 295 tifne-t-e-fime harber-, k-eep or- ma~ntain-mene-degs-and cms t'~~~vmd- inrK.C.~ie . ' 296 , p.aeepwat , , 297 ppnnit.)) . ~ 298 ((1-.)) J. "Grooming service" means any place or establishment, public or private, . 299 where aniznals are bathed, clipped or combed for the;purpose of enhancing either their 300 aesthetic value or health, or both, and for which a.fee is charged. 301 ((3:)) K. "Harbored, kept or maintained" means performing any ofthe acts of 302 providing care, shelter, protection, refuge, food or nourishment in such a manner as to 303 control the animal's actions, ar that the animal or animals are treated as living at one's 304 house by the homeowner. 305 "Hobby cattery" means a noncommercial cattery at or adjoining a 306 private residence.,where four or more adult cats are bred or kept for exhibition for 307 organized shows or for the enjoyment of the species. However, a combination hobby , 308 cattery/kennel license may be issued where the total number of cats and dogs exceeds the 309_ nzunber otherwise allowed in K.C.C. Title 21 A. 22 Ordinance 16861 310 ((L-.)) M. "Hobby kenriel" means a noncommercial kennel at or adjoining a 321 private residence where four or more adult dogs aze bred or kept for any combination of 312 hunting, haining and exhibition for organized sho*s, for field, working or obedience 313 trials orfor the enjoyment of the species. However, a combination hobby cattery/kennel . 314 license may be issued where the total number of cats and dogs exceeds the'number - 315 otherwise allowed in K.C.C. Title 21A. 316 ((M-.)).N. "Juvenile" means any dog or cat, altered or unaltered, that is under six 317 months old. 318 ((N-.)) O. "Kennel" means a place where four or more adult dogs are kept, . 319 whether by owners of the dogs or by persons providing facilities and care, whether or not 320 for compensation, but not including a pet shop. An adult dog is one of eithez sex, altered 321 or unaltered, that is at least six months old. `a. 322 ((a)) P: "Livestock" has the same meaning as in K.C.C. 21A.06.695. 323 ((P-.)) Q"Owner".means any person having an i nterest in or right of possession 324 to an animal: "Owner" also means any person having control, custody or possession of 325 any animal, or by reason of the animal being seen residing consistently at a location, to an 326 extent such that the person could be. presumed to be the owner. 327 ((Q:)) R. "Pack" means a group of two or more animals running upon either 328 public or private property not that of its owner in a state in which either its control or 329 ownership is in doubt orcannot readily be ascertained and when the animals are not 330 restrained or controlled. 331 ((R-.)) S. "Person" means any individual, partnership, firm, }oint stock company, 332 corporation, association, frust, estate or other legal.entity. , 23 Ordinance 16861 - 333 0)) T. "Pet" means a dog or a cat or any other animal required to be licensed by 334 this chapter. "Dog," "cat" and "pet" may be used interchangeably. - 335 ~((-T-.)) U. "Petshop" means any person, establishment, store or departmenf ofany _ 336 store that acquires live,animals, including birds, reptiles, fowl and fish, and sells or:rents; 337: or offers to sell or rent, the live animals to the public or to retail outlets. 338 ((U:)) V. "Private animal placement permit ((-individual))" means a permit or 339 permits issued to qualified persons or organizadons engaged in fostering dogs and cats2 - 340 to allow ((dw-perseas)) them to possess more dogs and 341 cats than is otherwise specified in K.C.C. Title2lA. ' 342 343 c a,. ,:*t,:., ..ths ,.c.. ,.o,.he a„ + 1 344 , " " 345 er-ganizatipas a a a a , the a s w., nb „ .c . inet efn 346 . . 347 . $48 tepessess-Ensr-e degs-and-cats than is speEified in K.G-G. T- }t~~ 21- A. 'Ibe er-g~..-at-iens 349 _ ' , 350 351 fihe-deg-eF-eat:)) . 352 W. "Running at large" means to be off the premises of the owner and not under, 353 the control of the owner, or competent person authorized by the owner, either by leash, 354 verbal voice or signal control. 24 Ordinance 16861 355 X. "Service animal" means any animal that is trained or being trained to aid a 356 person who is blind, hearing impaired or otherwise. disabled and is used for that purpose, - 357 and is registered with a recognized service animal orgaiiiiation. ' 358 Y. "Shelter" means a facility that is used to house or contain stray, homeless, 359 abandoned or unwanted animals;and that is owned, operated or maintained bya public:,~ 360 body, an established humane society, animal welfare society, society for the prevention 361 of cruelty to animals or other nonprofit organization or person devoted to the welfare, z. 362 . protection and humane treatment of animals_ 363 Z. "Special hobby kennel license" means a license issued under certain 364 conditions to pet owners, who do not meet the requirements for a hobby kennel license, 365 to allow them to retain only those specific dogs and cats then in their possession until - 366 such time as the death or transfer of the animals reduces the number they possess to the 367 legal limit in K.C.C. Title 21A; the.King County zoning code. 368 . AA. "Under controt" means the animal is eittier wnder competent voice control or - 369 competent signal control; or both, so as to be restrained from approaching any bystander 370 or other animal and from causing or being the cause of physical property damage when 371 off a leash or off the premises of the owner. 372 BB. "Vicious° means having performed.the act of, or having the propensity to do ~ 373 any act, endangering the safety of any person, animal or property of another, including, 374 but not limited to, biting a human being or attacking a human being or domesticated 375 animal without provocation.. • 376 SECTION 14. Ordinance 1396 Article II, Section l, as amended, and K,C,C. 377 11.04.030 are hereby amended to read as follows: . 25 Ordinance 16861 , 378 A. All dogs and cats eight weeks old and older that are fiarbored, kept or 379 maintained in King County shall be licensed atid registered ((aaauslly)). Licertses shalI 380 be renewed on or before #ie date of expiration. 381 B. Upon application and the payment of a license fee made mvable to ttie King 382 Countv treasurv according to the schedule provided inK.C.C. 11.04:035, ((P))pet : 383 licenses shall be issued by the ' regional. animaI services . 384 section and may be issued by shelters, veterinarians, pet shops, catteries and kennels and 385 other approved locations ~ - 386 r.., ~ +~.e ae ,...,......e...,. ,.c~.,.,.,,, s.........,e e. ,;ua..,. ~o +~.e t,ea l •a a • rr.C.r tinht..,e ....Y...... . ~a..a~.~ :m~- K.C.C. 387 1' .^~-~5)), under contract with the countv. 388 1. Pet licenses for ((unafter-ed)) dogs and cats shall be valid for a term of one. 389 yeaz from issuance, expiring on the last day of the twelfth month. ((D°*'ie°me° 390 , 391 ,meat1})) There is no proration of any license fees. Renewallicenses shall retain the 392 original expiration period whether renewed before, on or after their respective zenewal 393 months: 394 2. Juvenile licenses ((nvs#)) may be obtained in lieu of an unaltered pet license .395 for pets. from. eight weeks to six months old., - 396 3. King County. residents sixty-five years old or older maypurchase a 397 discounted net iicense for their cats or dogs that are neutered or spaved and that are 398 maintained at the reeistered owner's registered address. Residents sixty-five vears old or 399 older who have previouslv obtained a special permanent license for ) 400 their cats or do S th~t ~rrinra~aiterrsrl nrsn~<~e~t ..„a ~ t,:el., +i, e +hy Ga g ~ W ~ ~~~=J«a 26 Ordinance 16861 ' 401 . ' . These 402 msidei#s}) shall not be required to ((anwaAy)) purchase a new license for ((#he-}ik6m ' 403 e4}) the permanently licensed anunals 404 405 ft,e ..e.s,.., ;s .t,s ..eg:...~a 406 4. Disabled residents that meet the eligibilitv requirements of the Metro rei~ 407 reduced fare permit program authorized in K-C.C. chapter28.94 may purchase a 408 discounted pet license for their cats or dogs that are neutered or Waved and that are 409 mai.ntained at the registered owner's registered address. 410 5. Applications for a pet license shall be on forms :provided by the ((animal effe 411 and-e~)) reQional animal services section. _ 412 `((-5-.)) 6. License tags shail be worn by dogs at al~ ~fimes. As an alternative to a ~ 413 license tag, a dog or cat may be identified as Iicensed by being tattooed on its right eaz or 414. on its inside right thigh or groin with a license numtier approved or issued by the ((animal 415 EaFe-andee~~e})) re~.ional animai services section. 416 7. Owners of dogs or cats who hold valid licenses from other jurisdictions 417 and who move into King County mav transfer the license by :paying a transfer fee. The 418 license shall maintain the originallicense's expiration date. . 419 ((-7-.)) 8. It is a violation of this ehapter for any person to sell or transfer 420 ownership of any pet without a pet license. The ' 422 authefiry)) regional animal ser"vices section shall be notified of the name, address and 422 telephone number of the new owner by the person who sold or transferred the pet. 27 Ordinance 16861 423 An applicant may be denied the issuance orxenewal ofa pet license, if 424 the applicant was previously found in violation of the animal. cruelty provisions of K.G. C. 425 11.04.250 or convicted of aniiiial cruelty under RCW 16.52.205 or.16.52.207. • 426 a. An applicant may be denied the issiiance or renewal of a pet license for up 427 to: - 428 (1) four years, if found in violation. of tlie animal cruelty provisions of, K.C,C: . 429 11.04250 or convicted of a misdemeanor under RCW 16.52.207; or 430 (2) indefinitely, _if convi-cted of a felony under RCW 16.5.2.205. , 431 b. Any applicant who is either ((er4~)) the subject of a notice and order 432 under K.C.C. 11.04250.or charged with animal cruelty under RCW 16.52.205 or 433 16.52.207, ((er-~e~~r;)) may have the issuanee or renewal of their pet license denied 434 `pending the final result of either the notice and order or charge((-,eF4)ex#)). 435 ((9:)) 10. The denial of the issuance or renewat of a pet license is subject to 436 appeal, in accordance with K.C.C. 11.04.270. 437 ((4&)) 11. Cat or dog owners are subject to a penalty according to the schedule 438 in K.C.C. 11.04.435 for failure to comply with the licensing requirement in subsection A. 439 of this section ((va^r l. :F«he owner- f:Ts ea:..*°iy i; s W _ he ..a„ IA46" . . . . . . 44,0 ` 441 C. A late ((penahy)) fee shall be charged on ali pet license applications, 442 according to the schedule provided in K.C.C. 11.04.035. 443 D. All fees and fines collected under this chapter shall be deposited in the 444 ((eeunvy _ e~neral fund ((;~a sh.,li be a:s+~b,..ea G.C 445 ".n-r.-~5)) to be applied solely to regional animal services. The records and licensing 28 . Ordinance 16861 446 services division is authorized to accept credit arid bank card pavments far fees and 447 , penalties imposed under, this title, in accordance with K.C.C. chapter 4.100. 448 E. It is a vialation of this -chapter for anyperson to'kno~vingly issue a check for 449 which funds are insufficient or to stop payment on any_check written in payment bf fees 450 in this chapter. Any license or penalty paid for with those types of checks are, in the case 451 of the license, invalid; and in.the case of the penalty, still outstanding. Costs incurred by 452 the county in collecting checks of this nature sha]1 be considered a cost of abatement and 453 aze personal obligations of the animal owner under K.C.C. 11.04.300,1 ' 454 F. Except for subsection G., ((-T))this section shall not apply to dogs or cats in the , 455 custody of a veterinarian or ((animal)) shelter or whose owners -are nonresidents 456 femporarily within the county for a period not exceeding thirty days. =t 457 G. Veterinarians and shelters that sell or Ove awav a dog oi cat without a license 458 shall'make license application materials availabte to the new pet owner and shall provide 459 the repiorial animal services section monthlv with the list of list of information reauired 460 bv K.C.C. 11.04.070 for any dops and cats given away or sold. 461 ` SECTION 15. Ordinance 10423, Section 3, as amended, and K.C.C. 11.04.033 462 are hereby amended to read as follows: - 463 All ((an:ma, °h°,+°fs k°m°6,_ea'*°-i° hobby kennels((;)) and hobby 464 catteries((, must be licensed by the ' 465 eex#el-euthe3~)) regionai animal services section: License§ shall be valid for one yeaz 466 from the date of application: Fees shall be assessed as provided in K.C.C. 11.04.035. 467 There is no proration of the license fee. Renewal licenses shall retain the original 468 expiration date whether renewed on or after their respective renewal month. ((Any 29 ' Ordinance 16861 469 , . . 470 . . 471 . . 472 . . ; 473 ' 474 Issuance of a license under this section shall not excuse anv . 475 requirement to obtain a private animal placement permit. 476 SECTION 16. Ordinance 7416; Section 2, as amended, and K.G C.,11.04.035 are . 477 hereby amen,ded to read as folIows: A. The foIIowing animaI ticense and rep-istration fees ((ar-e gpply' Pet license - dog or cat a. Unaltered (((deg-eF-e*)) 60.00 ' b. Altered $30:00 2. Juvenile pet, license - dogo r cat $((~:A9)) 15.00: 3 ((c°n:ef e;+:z°a ';f°+;m° ,;e°n°°)) Discounted pet license - . 15:00 . dog or cat . ((a-. aepier--c-ifiaea-lifetime-ne°^~°~a^^g _$2$08 _ Senie€-e}tizeiRe~ ~?88)) 4. Replacement.tag $5.00 30 Ordinance 16861 . 5. Transfer fee $3.40 ((6: AaimO shekeE ~8:9Q K-mmi and ewteff - ~ Hobby b: C-emmemiW ~8A - S: Pet-shep $250:00 Imeeing--sefvise - F~ a-. 9Pera~ag alene ~ ~8:A8 veteriaafi~ 449 $ }g9:gg ,r}~ B*etie p~ . a: New $399-08 . • b: ~wal $259:98 S ' Beebarge 4-3-. K-9-geliee-deg fie ehar-ge)) - 6. Guard dog registration . 100.00 7. Exotic pet a. New - 500.00= b. Renewai $250.00 8. Service animal ; no charge 31 , . Ordinance 16861 , 9. K-9 police dog ' no_ charge 10. The following late fees shall applv to license renewal aPPlications: " a. received 45 to 90 days following license expiration 15.00 - . b. received 90 to 135 davs follawing license expiration 20.00 c. received_more ttian 135 days following license expiration 30.00 d. received more than 365 days following license expira.tion 30.00 R-IU-S license fee s for Any e s that the _ ep t was unlicensed B. The following business and activity permit fees applv: 1. Hobbv kennel and hobbv cattery license 50.00 - ((4¢)) Private animal placement permit $((~~9)) no chMe B-. Tt,s fM,,,,,;.,g i.,*v f os ar-e ....i;.,..t,ie .e l;,.e...,e t appliea6eas 32 Ordinance 16861 I: days Ar- fB3lwe to 8om"ply v.:~ rr r+.n. 1i.n~-vzv.,0.G --3c. C: The following civil penalties shall be assessed: 1 Civil penalties: Genera) $25:09 a.. F,•t netiee, b- c,;,...osis;.>e . „t,,.;,,,,s .,.;*W., yeai! $50.0 a. ` No previous similar code violation within one year $50.00 - b. One nrevious similar, code vioIation within one veaz - $100.00 c. Two or more similar code violations within one vear pouble the rate of the rep vious , ep nalt.y, MR toa maximum of • 1000.00 2: Civil penalfies:.:Vicious animal or animal crueitv violations • 33 . Ordinance 16861 a. First violation within one vear 500.00 , h. Subsequent violations.within one_vear - 1000.00 3.: Civil enalties: Do IeasH=`#aw Violations. - . a. 'First violation within one vear 25.00 b. Additional violations within one vear $50.00 CMI pexaties , $1,BAA:AA -3:)) 4. Civil penalties:- Animal abandoninent $500.00. ((4.))5. Civil venalties: Unlicensed cat or dog ((~rA9)) a. Altered cat or doe $125.00 b. . Unaltered cat ar dos 250.00 D. The following service fees apply((es-gFeAded in this . . rahapter-))= 1. Adoptions - per animal, including licensing and spaving or {(~~:A9)) neutering of the animal $75.00 - 250.00 - based uROn . . adoptabilit X T . 4iis is a ene pr-iee fee that ineludes the fee for- ade ant a!, 34 I Ordinance 16869 2. Spay or neuter deposit - per animal as rec}uired in K.C.C. $(05A:89)) 11;04.210B.1.a: 150.00 - 3. Impound or reclemption - dogs, cats or other small animals a. { -eg, First impound $45.00 within°one vear b. Second ((effease,)) impound within one year $85.00 c. Third ((effieirse)) impound within one year $((.9A;gg)) . 125.OQ - ((b:)) 4. Impound or redemption - Livestock, small 4$ 5.00 5. Impound or redemption - Livestock laze $((~8g:gg)) _ . , 45.00 or - - actual cost - , of , - sheIferins, whichever is greater . ((4.)) 6. Kenneling at King Countv animal shelter - per 24 hours or $((~.?8A)) portion thereof . 20.00 ((-5:)) 7. In-field pick up of an owner's deceased unlicensed.pet or, pick $((2$99)) up of an wnlicensed pet released voluntarily ta ((aa4aak-aFe . 50.00 and-sentei)) the regional animal services section ((g:)) 8. Owner-requested euthanasia (unlicensed pets) .$((~.g:gg)) - 35 Ordinance 16861 50.00 _ ((-7-.)) 9. Optional microchipping for adopted pets $25.00. . 478 SECTION 17. Ordinarice 1396 Artiale II Section 3, as amended, and K.C.C. 479 11.04.050 are hereby. amended to read as follows: 480 A. . , eat4eff, pet'shep, _ 481. 482 483 , eaaer-y, pet-- shep, 484 . . . , 485 ; . 486 the :..+e..asa , e 487 B. , eatte j) Shelters, catteries, pet shops, grooming 488 services ((eF)) and kennels ' _ 489 authOFity, shall complv with the licensing requirements 490 uF the Seattle-King County ((health)) department 491 , , . 492 . . . 11.04.080, 11.04.09(, 493 11,04100 >;,,a nn nof vublic health. Snbiec t to applicable restrictions in K.C.C. 494 Title 21A, the facilities mav board animals as auttiorized bv their Seattle-Kine County 495 department of public health license. 496 SECTION 18. Ordinance 1396, Article II, Section 4, as amended, and K.C.C. ~ 497 11.04.060 are hereby amended to read as follows: . ' 36 I Ordinance 16861 498 A. It is unlawful for any person to keep and maintain any 499 hobby kennel or hobby cattery without ((ammafly 500 ) a valid and subsisting license therefor. The fee for such an annual l'rcerise 501 shalI be assessed upon the owner or keeper of ttie animals and shall be as provicled in ' 502 K.C.C. 11.44_035. In addition, each animal that is maintained at a hobby kennel or hobbv $03 catterv shall be licensed individually under K.C.C. 11.04.030.B. 504 B. Any hobby ke.nnel or hobby cattery license shall limit the total number of _ 505 adult~dogs and cats oaths kept by the hobby kennel or hobby cattery 506 based on 507 1. Animal size; 508 2. Type-and characteristics of the breed; 509 • 3. The amount of lot azea, though the mazimum number shall not exceed: 510 a. twenty-five where the lot area contains five acres or more; 521 b. ten where the lot area contains thirty-five thousand square feet but less than 512 five acres; and 513 c. five where the Iot area is less than thirty-fve thousand square feet; ' 514 4. The facility specifications and dimensions in which the dogs and cats are to 515 be maintained; 516 5. The zoning classification in whicli the hobby kennel or hobby cattery would 517 be maintained. 518 C. The foIlowing are requirements for hobby kennels and hobby catteries: 519 1. All open run areas shall be completely surrounded by a six-foot fence set 520 back at least twenty feet from all property lines, ttiough this requirement may be modified 37 Ordinance 16861 521 for hobby catteries as lqng as the open nm area contains the cats and prohibits the 522 entrance of children. For purposes of this section2 "open run area" means that area, . 523 within the property lines of the premises on which the hobby kennel or hobby cattery is to 524 . be maintained, where the dogs and cats are sheltered or maintaiaed. If there is no area set 525 aside for sheltering or maintaining the dogs within the property lines of the premises the 526 twenty foot setback does not apply. The property lines of premises not containing,an 527 open run area must be completely surrounded by a six-foot fence; - , 528 2. No commercial signs or other appearances advertising the hobby kennel; or 529 hobhy cattery are peimitted on the property except for the sale of the allowable offspring 530 sef forth in this section; 531 3_ The manager of the ' regional animal. services 532 section may require setback, additional setbackjencing, screening or soundproofing as 533 the manager deems necessary to ensure the compatibility of the hobby kennel or hobby 534 cattery with the surrounding neighborhood.: Factors to be considered in determining the 535 compatibility are: 536 a. statements regarding approval or disapprovaI of surrounding neighbors 537 relative to maintenance of a hobby kennel or hobby cattery at the address applied for; 538 b. history of verified animal care and control complaints relating to the dogs 539 and cats of the applicant at the address for which the hobby kennel or hobby cattery is 540 applied for, 541 c. facility specifications or dimensions in which the dogs and cats are to be 542 maintained; 543 d. animal size, type and charac;teristics of breed; and , 38 • Ordinance 16861 . 544 e. the zoning classification. of the premises on which the hobby kennel or ' 545 hobby cattery is rnaintained; , . - 546 4. The hobby kennel or hobby cattery shalI limit dog and cat reproduction5to no ` 547 more than one litter per license year per-femate dog and two litters per license year per 548 female cat; and 549 5. Each dog and cat in the hobby kennel or hobby cattery shali have current and 550 proper immunization from disease according to the dog's and cat's species and age: The , 551 immunizations shall consist of distemper, ((hepaWfis)) hepatitis, leptospirosis, 552 parainfluenza and pazvo virus (DHLPP) inoculation for dogs over three months old and 553 feline herpes virus 1, calicivirus andpanleukopenia virus (FVRCP).inoculation for cats " 554 over two months old and rabies inoculations for all dogs and cats over ((si*)) four months 555 old: _ 556 . D. A hobbv kennel ar hobb cv attery license.mav. tie issued ((8))only when the 557 manager of the ; regional animal services section is satisfied 558 tfiat the requirements of K.C.C. 11.04.060C.1. through 5. have been met((, a hebby 559 ' ' . r ° ° ,be issuea)). The Iicense 560 , a4 aa~4ime, + 561 . . 562 1--E4weed)) may be temunated if the number of dogs and cats exceeds the ` 563 number allowed ' _ by the regi •onal 564 animal services section((;)) or 565 ((2. F~ail)) if the facilitv fails to comply with any of the requirements of K.C.C. 566 11.04.060 C. T. through 5. 39 Ordinance 16861 ' , . • 567 E.l I. Persons owning a total number.of dogs and cats exceeding three, who do not 568 meet the requirements for a hobby kennel license, may be eligible for special hobby 569 kennel license to be issued at no cost by the ' ~ regional 570 animal services section. which shall allow them to retain the specific animals then in ~their 571 possession, but only if the following conditions are met: 572 a. the applicant must apply for the special hobby kennel license, and individual 573 licenses for each dog and cat by July 6, 1992, or at the time they aze contacted by an 574 animal caze and control officer, King County license inspector or King County pet license 575 canvasser; and 576 b. the applicant is keeping the'dogs and cats for the enjoyment of the species, 577 and not.as a commercial enterprise. 578 2. The special hobby kennel license shall only be valid for those specific dogs 579 and cats in the possession of the applicant at the time of issuance, and is intended to allow:_ 580 pet owners to possess animals beyond the limits otherwise imposed by K:C:C. Title 21A 581 until such a time as tl3e death or transfer of the animals reduces the number possessed to 582 the legal limit set forth in K.C.C. Title 21 A. 583 3: The manager of the ' regional animaI services 584 section may deny any application for a special hobby kennel license: - 585 a. based on past Animal Care and Control Code violations,by the appiicant's 586 dogs and cats or verified complaints from neighbors regazding the applicant's dogs and - 587 cats; or 588 b. if the animal or animals {(~e}}} are maintained in inhumane conditions. 40 Ordinance 16861 589 F. The manager of the re~ional animal services section mav authorize liobbv 590 kennels, hobbv catteries and special hobbv kennels to exceed the maximum number of . 'S91 dogs aM cats'otherwise allowed under this section where necessarv to address an 592 emergencyQroclaimed bv the executive in accordance with K.C.C. 12.52.030. 593 SECTION 19. Ordinance 1396, Asticle II, Section 5, as amended, and K.C.C. 594 11.04.070 are hereby amended to read as follows: ' 595 Each animal shelter, kennel, hobby kennel, cattery, hobby cattery or pet shop shall ` 596 provide the 'regional animal services section with a monthly list - 597 eeniFel , of all dogs and cats that it has _ 598 given away or sold. The list sha11 incIude the origin, ((the)) age, sex, color, breed, altered 599 status and, if applicable, microchip number and ((i"e)) license number of each dog or 600 cat aiven awav or sold and the riew owner's name1 ((and)) addTeSS 2I1CJ, if available, einail 601 address and telephone number , degs, 602 603 SECTION 20. Ordinance 1396, Article II, Section 6, as amended, and K.C.C. 604 11.04.080 aze hereby aznended to read as follows: 605 A. It shall be the duty of the director of the Sea.ttle-King County department of 606 public health or the directar's agent or the manager of the 607 regional ariimal services section or the manager's agent to rriake or cause to be made such 608 an inspection as may be necessary to ((e»sxre))`determine compliance with K.C:C. 609 11.04.090, 11.04.100 and 11.04.110. The owner or keeper of an animal shelter; kennel, 610 cattery, grooming service or pet shop shall admit to the premises, for the purpose of 611 making an inspection, any officer, agerit or employee of the Seattle-King County 41 Ordinance 16861 612 department of public health or animal care and control authority at any reasonable time 613 that admission is requested. 614 B. It is unlawfdt to keep, use or maintain within King County any animal shelter, 615 kennel, cattery, grooming service or pet shop that is unsanitary, nauseous, foul or. 616 offensive, or in any way detrimentai to public health or safety and not in compliance with 617 K.C.C. 11.04.070, 11.04.000, 11.04.100 ((and)) or 11.04.110 ((and ipay be-eause-fe~ 618 _ 619 SEGTION 21_ Ordinance 1396, Article II, Section 12, as amended, and K.C.C. 620 11,04.140 are hereby amended to read asfollows: 621 The manager of the ' regional animal services section is 622 authorized to promulgate rutes and regulations not in conflict with this title as they - 623 pertain to the conditions and operations of animal shelters, hohby kennels, kennels, • 624 hobbv catteries, catteries, pet shops and grooming parlors, guazd dog puryeyors, guard 625 dog trainers and guard d.og owners. The rules and regulations may be enacted only after 626 a public hearing has been held regarding the rules and regulations. Enforcement of.these 627 rules and regulations may be appealed to the county board of appeals, 628 SECTION 22. Ordinance 1396, Article II, Section 13, as amended, and K.C.C. - 629 12.04.150 are hereby amended to read as follows: 630 The regional animal services section may, in 631 addition to other penalties; provided in this title, revoke, suspend or refuse to renew any . 632 ((^n:-na, °h°,*°-,)) hobby kennel, , ' b , pet hobb cy atterv, 633 guard dog purveyor or guard dog trainer license or guard dog registration upon.good 634 cause or for failure to comply with any provision of this title. ((Wewever-, - 42 Ordinance 16861 635 e))Enforcement of such a revocation, suspension or refusal shall be stayed during the.` 635 pendency of an appeal filed in accordance with K.C.C. 11.04.260. . 637 SE&ION 23. Ordinance 1396, Article II, Section 14; as amended, and K.C,C. 638 11.04.160 are hereby amended ta read as follows: 639 ((Ne)) If an applicant has had a license or registration revoked or a renewal 640 refused, the applicant shall not be issued a hobby kennel license, 641 ( , gpoefnitig , pet hobbv catterv.license, guazd dog purveyor license, 642 guard dog trainei-license or guazd dog registration ' ' ~ 643 for ((ai)eFied-ef)) one year after the 644 revocation or refusal . . . 11.04.0 - 645 4hmugh . . 646 . 647 SECTION 24. Ordinance 10809, Section 3, as amended, and K.C.C. 11.04.165 " 648 are hereby amended as follows: 649 A. Any person inaependently engaged in the fostering of dogs and cats who 650 routinely possesses more dogs and cats than are otherwise allowed in K.C.C. Title 21A 651 must obtain a((n individual)) private animal placement permit from ' 652 eentral)) the regional animaI services section. Permits shall be valid for one year from 653 issuance and may not be transferred. 654 B. In order to qualify for a((~ individual)) private.:animal placement permi-C an 655 applicant must: 656 1. Maintain and care for dogs and cats in a humane and sanitary fashion, in _ 657 compliance with K.C.C. 11.04.090... . 43 Ordinance 16861 658 2. ( Foster the dogs and cats at a location that:is 659 compatible with the surrounding neighborhood: - ✓ 660 3. Agree to rehirn stray orlost animals to their owriers in accordance witti 661. K.C.C. 11,04.210 before placing the animals in an adoptive home. 662 4. Agree to spay or neuter and Iicense each dog or cat before placement into its 663 new home and transfer the license of each animal to its adoptive owner. 664 5. Agree to coordinate their adoption process with ' 665 the regional animal` services section, including reporting on the disposition of each 666 animal, and only adopting to owners who would qualify to adopt an animaI from a King 667 County animal care and control shelter based on the adoption procedures and guidelines 668 used by the ' regional animal services section. 559 C. ((These)) Individuals or orzanizations holding a((n-~ndividOM)) private..animal 670 placement permit shaIl be allowed to possess five foster animals above the limit that 671 would normally apply to their property under K.C.C. Title 21A. 672 Pernut holders are required to locate an adoptive home for each dog or cat within 673 six months of acquiring the dog or cat. If, after six months, an adoptive home has not 674 been found for a dog or cat, the ' regional_animal 675 services section shall review the situation to determine if the permit holder is complying 676 with the permit. If the manager of the ' regional animal 677 services section ascertain§ that a good faith effort is being made to locate adoptive 678 homes, a six-month extension may be gzanted. 679 The presence of juvenile animals shall not necessarily place a permit holder over 680 their :imit unless the manager of the ' ) ) regional animal services _ 44 Ordinance 16861 ' 681 section detesnnines thatjuvenile animals are'present in such large numbers as to otherwise 682 place the permit holder out of compliance with the pennit 683 ~ Holder~'of hobby kennei licenses shaIl be allowed to possess and foster five more 684 anunals than are allowed by t2ie conditions of a hobby kennel pernut. 685 D. The ' regional' animal services section may 686 inspect the facilities of ari appIicant for a((n iFAHV:.__)) private animal placement permit 687 to determine whether or not such a permit shall be issued: 'In addition, the ((mimal eare 688 regional animal services section may periodically inspect the - 689 facilities of holders of ((iadivid")) private animal placement permits to ensure 690 compliance with this section. The " , author-ity)) regional animal 691 services section may also deny or revoke permits based on any one or more of the 692 foIlowing((;)}_`= 693 ' 1. A failure to meet the qualifications listed in subsections A. through C. of this 644 section; . 695 2. ((A*inh4)) Verified animal care and control complaints; and 696 3. ((Geff ipl-e•x4s}) Verified complaints by neighbors regarding the ((..rainAffififfi-nee . 697 failuie to complv with private.animal piaceraent permit ((by 698 neigh~eFs)) requirements. - 699 SECTION 25. Ordinance 10809, Section as amended; and K.C.C. 11.04.167 70o are hereby amended as follows: 701 A. Any organization engaged in the fostering of dogs and cats whose members 702. routinely or from time to time have in their possession up to five more dogs and cats than 703 are otherwise allowed in K.C.C. Title 21A must obtain ((ef;~nizalienal)) Pnvate animat - 45 Ordinance 16861 704 placement permits, from the regional animat services section 705 for each of those members. Organizations may purchase up to five pernuts, or up to - 706 twenty permits per year. However, the manager of the ' 707 regional animal services section may issue more than twenty permits to an organization , 708 when to do so would further the goals of the -animal regional animal 709 services section and be in the public interest. Permits shall be valid for one yeaz from 710 issuance and may be transferred between members of the organization. - 711 B. In order to qualify to distribute private animal placement 712 permits to its members1 an organization must: 713 l. Be of a reputable nature and engaged in the fostering of animals, solely for the . 714 benefit of the animals involved, and not as a comraercial enterprise; - 715 2. Agree to furnish animal care and control with the names, addresses and phone 716 numbers of each of the holders of its permits((;)), including immediately furnishing this 717 information when a transfer takes place; and 718 3. Agree that1 to the best of iheir ability, they shall only ((issue)) distribute 719 permits to individuals who ((vA4}: 720 . 721 . . . 11. . ; 722 b. .,e~:aP~.,w„ zo~ ~ *e^ „f a,. „a ,..,+s .;+.le ,:.w th„ a.,..... ~ ~ ~~G . 723 ; 724. g; a ruitc ~e+,~..,, ~.+...,,J , l: st ^ .:..s-t., er .i u ~ ,a '*1, ...~..v 725 . . . 11.04.21 ; 46 Ordinance 16861 726 . 727 , 728 _ and . , ineluding 729 , 730 eu~tif, .,a,.,,,, ..l sr:"o J n,. . l a ...i w ear-e a z ~ r 731 732 . 733 734 -te-dteir-preperEy-tnder- K.C.C-TWe-2,z~~ HoldeFs..ch,.,.b. k ellieeRseTh 735 ..ii,. °a to r ...s,. r.;, e e ..r.. ,.h., .,n,,"ea w. .,a;.:,..... ,.c . t ► ~ 736 perrak- 737 Po.....,;+ holder-s e e ea i,. .,+e ..a .i...c ~,o c eacirv,.~, avg-vr-caa .•.w• y ' vpziac zo=- c~vxaasn 738 - if-, , 739 bee.i fi)».... : a„b e~ r- e...,+.-~,.- .,:.a .v .`~e: au+w , s~ ii r-eview . ~ u.~a J 740 situatien tedetefmine ir-the pefmit-#9lde~-rS eafnpl3ing--fii~ the pefmit. 'f •he manager- 741 742 , . 743 T}l¢lr~„rrusanee-v►fj». e.ile animals st,al ^e: ^ly p.:..v e,.,.,..:* ►.,.ra 744 745 preperty~-under- K.G. . ,.c+he animal effe a . eefftfel 746 747 p.,,,;+ belae,: ,.f ,.,,......l;,,..,.o +he ..v,.m:+ 47 Ordinance 16861 748 ' . . applisaac 749 750 _ . , 751 752 . . 753 . 754 755 thefelle-Miag: 756 . 757 Seetian; . _ 758 . ; and 759 . 760. shall complvwith the:requirements of K.C.C. 761 11.04.165. ' 762 SECTION 26. Ordinance 1396, Artic>le III, Section l, as amended, and K.C.C. 763 11.04.170 are hereby amended to read as follows: 764 A. :'he manager of the regionaI animal - 765 services section and the animal care and control officers aze authoriied to take such 766 lawful action as may be required to enforce this chapter, Ordinance 10870, as ainended, ' 767 andK:GC. Title 21A, as they pertain to the keeping of animals,.and the laws of the state 768 of Washington as the laws pertain to animal cruelty, shelter, welfaze and enforcement of 769 control. ' 48 Ordinance 16861 770 B. The manager of ttie ' regional animal 771 services section or animal care and control officers shall not enter a building designated 772 for and used for.private purposes, unless a proper warrant has first been issued upon a 773 showing that the officer has reasonable cause to believe an animal is.being maintained in 774 the building in violation of this chapter. 775 C. The manager of the ' , regional animal 776 services section- and animal care and contzol officers, .while pursuing or observing any 777 animal in violation of this cliapter, may enter upon any public or private property, except ---778 any building designated for and used for private pnrposes, for the purpose of abating the 779 animal violation being pursued or observed. 780 D. No person shall deny, prevent, obstruct or attempt to deny, prevent or obstruct 781 an animal care and control.'officer from pursuing any animal observed to be in violation ~ 782 of this chapter. Further, no person shall fail or neglect, after a proper warrant has been 783 presented, to promptly permit the manager of the ' regional 784 animal services section or an animal care and contr.ol officer to enter private property to 785 gerform any duty imposed by.this chapter. Any person violating this subsection is guilty 786 of a misdemeanor. 787 SECTION 27. Ordinance 1396, Articte III, Section 2, as amended, and K.C:C. . 788 11.04:180 are hereby amended -to read as follows: 789 Rll violations of this chapter are detrimental to the public health, safety and 790 welfare and are public nuisances. All conditions that are determined after review by the 791 manager of the ' regional animal services section to be in 792 violation of this chapter shall be abated. 49 Ordinance 16861 793 SECTION 28. Ordinance 1396; Article III, Section 5, as amended, and K.C.C. 794 11.04.210 are heieby amended as follows: • 795 ` A. The ((fffmoagef})) manaQer of the regional animal. 796 services section and the manager's authorized representatives may apprehend any animals 797 fovnd doing any of the acts defined as a pubIic auisance or.being subjected to cruel 798 treatment as defined by:law. After the animal((&-we)) is apprehended, the ((ap~ffiaI-e-w . 799 awher-fty)) regional animat services section shall ascertain whether ((dwy 800 ar•e)) the animal is licensed or otherwise identifiable. If reasonably possible; the ((aaiwA 801 regional animal. services section sha11 return the animal to tlie 802 owner together with a notice of violation of this chapter. 803 1. If it is not reasonably possible to immediately return a currently licensed ' 804 animal ;to its owner, the.(( ' reg;ional animal services section 805 shall notify the owner'within a reasonable time by regular mail or telephone that the 806 ariimal has been impounded and may be redeemed. Any currently licensed animal 807 impounded in accordance with this chapter shall be neld for the owner at least one 808 hundred twenty hours; after telephone contact by the impounding agency or for at least 809 two weeks after posting of the notification of impoundment by regular mail((;})_ 810 ((a)) 2. Any other animal impounded in accordance with this chapter shall be held for 811 its owner at least seventy-two hours from #he time of impoundment. ((Th° ee••^*y ssz 813 3. Any animal suffering from serious injury or disease may be euthanized_ 50 Ordinance 16861 814 4. ((er-,-rn)) At the discretion of the impounding authority, anv animal may be ' 815 heId for a longer period than otherwise specified'in this secEian and redeemed by any 816 person on payinent of charges. not exceeding those prescribed in this chapter. 817 B. Any animal not redeemed shall be treated iri one of the folIowing ways: . 818 1. Made available for adoption at ((a)) the fee 819 pef aiiiieal-es)) provided in K.C.C. 11.04.035. 820 a. 821 , , 822 , 823 824 eau#y.)) As proviaed in K.G.C. ^~~;-.03 5))11.04.400, all dogs and cats ((ever- six 825 meff6hs eld)) adopted from the King County animal shelter sha1I be spayed or neutered 826 before adoption, except that, persons adopting a juvenile mav elect not to spav or neuter 827 the animal at the time of adoption if such persons purchass a juvenile license and pre- 828 purchase an adult altered license, effective the month that the animaJ would become six 829 months of age. Such peISOns shall also pay ((-.A)) a spay or neuter deposit ((shall be 830 831 . that shall be returned tc the adopting person Tbis 832 upon submission of proof that the sferilization was performed within six months from the 833 adoption. Failure to spay or neuter such a dog or cat is: a violation of this chapter and a 834 breach of the adoption contract and shall result in the forfeiture of the adoption and retum 835 of the dog or cat to King Counry animaI care and control for the required spaying or . 51 Ordinance 16861 836 neutering. Persons adopting a juvenile dog or cat that is spaved or neutered may 837 ~urchase an adult altered license at the time of adoption, effective for one veaz. 838- b. The manager of the ' regional animal services 839 section may ((s04)) adovt administrative rules regarding the adoption of animals from 840 King County shelters; ((er-)) 841 2. Transferred to another animal wetfare or anization for ado tion• 842 3. Entered 'into foster care: or. 843 4. Euthanized. 844 C.. The county shall not sell any animals for the purposes.of inedical research to 845 any research institute or any other purchasers. 846 D.I. Any unaltered dog or cat impounded more than once shall be spayed or 847 neutered ((b)~)}: , - 848 a. by the ' regionat animal services sectian . 849 before the release of the dog or cat; or 850 b. at the request of the owner, ((by +h° e,~mer o~':° a~~ after release of 851 the dog or cat to the owner, but only if the owner agrees to pay a cash deposit of two 852 hundred fifty doliars and provides proof of neutering or spaying on a form provided by - 853 the county. In order for.the deposit to be refunded to the owners the form iiiust be - 854 certified by a licensed veterin,arian withi.n ((€rve)) ten days of release of the dog or cat to . 855 the owner. If proof of neutering or spaying is not provided within ((five)) ten days, the 856 ' . regional animal services section may again impound : 857 the dog or cat to ((ensufe)) verithat it is spayed or neutered. If the animal is not spaved 52 Ordinance 16861 858 or neutered. the regional animat services section mav spav or neuter the animal before it , - 859 is released to the owner: 860 . 2. If the dog or cat is spayed or neutered by the ' 861 euthe~)) regional animal services section, the cosE of the spay or neuter shaIl tie 862 I chazged to the owner upon redemption but shall be deducted from the impound and 863 redernption fees otherwise required under this chapter. . 864 SECTION 29. Ordinance 1396, Article III, Section 6, as amended, and K.C.C. 865 11.04.220 are hereby amended-to read as follows: 866 Notwithstanding the existence or use of any other remedy, the manager of ttie 867 " regional animat services section may seek legal or equitable „ 868 relief to enjoin acts or practices and abate any conditions that constitute a violation of this . 869 chapter or other regulations adopted under this chapter. - 870 SECTION 30. Ordinance 1396, Article III, Section 8, as amended, and K.C.C. 871 11.04.250 aze.hereby amended to read as follows: 872 A. It is unlawful for any person to: , 873 1. Willfully and cruelly injure or kill any animal-by any means causing it fright 874 or pain; - 875 2. By reason of neglect or. intent to cause or allow any animal to endure pain, 876 sufFering or in}ury or to fail or neglect to aid or attempt alleviation of pain, suffering or ' 877 injury the person has so caused to any animal; 878 3. Lay out or expose any kind of poison, or to leave. exposed any poison food or ' 879 drink for humans, animals or fowl, or any substance or fluid whatever whereon or. 880 wherein there is or shatl be deposited cr mingled, any kind of poison or deadly substance 53 Ordinance 16861 881 oz fluid whatever, on any premises, or in any unenclosed place, or to aid or abet any. 882 person in so doing, unless in accordance with RCW 16.52.190; and . 883 4. Abandon any domesticated animal by dropping off or leaving the animal on 884 the street, road or highway, in any other public place or on the private property of 885 another. 886 B. The ' regional animal services section shall keep a 887 da.tabase containing the names of all persons who are either ((erbeth}) found iq violation 888 of K.C.C. 11.04.250 or chazged or convicted of animal cruelty under either RCW- - 889 16.52.205 o"r 16.52.207((-,eP4xAh)). Further, the ' regional 890 animal services section shall coordinate with law enforcement, when necessary, to keep 891 this database current. 892 - SECTION 31. Ordinance 1396, Article,III, Section 9, as aznended, and K.C.C. 893 11.04:264 are hereby amended as follows: 894 A. Whenever the manager of the ' regional animal 895 services section or animal care and control officer has found an animal maintained in 896 vioiation of this.chapter, the manager of the ' regional animal 897 services section shall commence proceedings to cause the abatement of each violation. 898 B. The manager of the ' regional animal services 899 section or- ariimal caze and control officer shall issue a notice of violation and 'an order 900 directed to the owner or the person presumed to be the owner of the animal maintained in - : 901 vioIation of this chapter. The notice and order shalI contain: 902 I. The name and address if known of the owner or gerson presumed to be the 903 owner of the animal in violation of this chapter; 54 Ordinance 16861 904 2. The license number, if available; and description of the animal in violation 905 sufficient for identification; 906 3. A stateinenf to the effecf that the manager or animal care and control officer ' 907 has found the animal maintained illegally with a brief and concise description of the 908 conditions, which caused the animal to be in violation of this chapter, includine reference 909 to the s,pecific sections of code or statute violated and, where reIevant, reference to the 910 specific sections of code or statute authorizing removal of the animal; 911 4. A statement of the action required to be taken to abate the violation, as 912 detemuned by the manager of the ' regional animal services 913 section. - _ 914 a. If the manager has deternuned the animal in violation must be disposed 915 ((with)) of, the order shall require that the ahatement be completed within a specified - 916 time from the order as determined by the manager to be reasonable; 917 b. If the manager of the ' regional animal services 918 section determined to assess a civil penalty, the order shall require thai lhe penalty shall 919 be paid within fourteen days from the order. 920 5. Statements advising that if an y required abatement is not commenced within - 921 the time specified, the manager of the " regional animal 922 services section shall proceed to cause abatement and charge the costs thereof against the 923 owner; 924 6. Statements advising: 925 a. that a person having a legal interest in the aniraal may appeal from the 926 notice of violation and order or any action of the manager of the ' 55 Ordinance 16861 927 sefAFe4}) regianal animal services section to the boazd of appeals, but only if the appeai is 928 made in writing as provided.by this chapter and filed with the manager of the ((apAmal 929 sa#O~eentFe0) regional animal services section within fourteen days from•the service 930 of the notice of violation and order((,))1.and 931 b. that failure to appeal constitutes a waiver of all right to an administrative . 932 hearing and determination of the matter. . 933 C. The norice.and order shal}: be served on the owner or presurned owner of the 934 animal in violation.. 935 D. Service of the notice of violation and order shall be made upom all persons . 936 entitled thereto: 937 1. Personally; 938 2. By mailing a copy of the notice of violation and order by certified mail, 939 postage prepaid, retwrn receipt requested, to the person at the person's last known address; 940 or 941 3. By posting the notice of violation and order on the front door of the Iiving 942 unit of the owner or person with right to control the animal if the owner or peison is not 943 home: - 944 E. Proof of service of the notice of violation and order sha11 be made at the time . 945 of service by a written declaration, under penalty of perjury executed by the person 946 effecting service, declaring the time, date and manner in which service was made. 947 ((F. Ths ,.h,,;:+e s..~,.,tt ~ „.e fi~.,..e..ea „J , +t,e _ e.~.~,~ :....,.»...~.na .....i cuicz a + ~ ...p.. _ »b..e... ~.va,av: 948 949 i 56 Ordinance 16861 • 950 SECT'ION 32. Ordinance 1396, ArticIe III, Section 10, as amended; and K:C.C. 951 11.04.270 are hereby amended as follows: . 952 A. The King County boazd of appeals as established by Article 7 of the King 953 , County Charter is designated to heaz appeals by parties aggrieved by actions of the - 954 manager of the ' re~ional animal_services section under this 955 chapter. The board may adopt reasonable niles or regulations for conducting its business. 956 Copies of a1T rules and regulations adopted by the board shall be delivered to the manager 957 of the ' regional animal services section, who, shall make them 958 freely accessible to the public. All decisions and findings ofttie board shalI be rendered 959 to the appellant in writing with a copy to the manager of the ' . 960 regional animal services section. 961: B. Any peison entitled to service under K.C.C. 11.04:260.13. may appeal from 962 any notice and order or: any action of the manager of the ' 963 regional animal services section, under this chapter by filing at the office of the manager 964 of the ' regional animal services section within fourteen days 965 from the service of the order, a written appeal containing: 966 1. A heading in the words: "Before the Board of Appeals of the County of. 967 King", 968 2. A caption reading: °Appeal of giving the names of all . 969 appellants participating in the appeal; 470 3. A brief statement setting forth the legal interest of each of the appeIlants im 971 the animal involved in the notice and order; 57 Ordinance 16861 . , _ . . 972 4. A brief statement in concise Ianguage of the specific order or action 973 protested, together with any material facts claimed to support the contentions of the . 974 appellant; . " 975 5. A brief statement in concise language of the relief sought, arid the reasons , 976 why it is claimed the protested order or action should be reversed, modified, 'or othervvise , 977 set aside; 978 6. The signatures of all parties' names as appellants, and their official mailing 979 addresses; 980 7. The verification, by declaration under penalty of perjury, of at least one " 981 appellant as to the truth of die matters stated in the appeal. 982 C. The board of appeals shatl set a time and place, not more than thirty days from 983 the notice of appeal for a hearing on the appeal. Written notice of the time and place of 984 hearing shall be given at least ten days (({be€eml)) before the hearing to each appellant 985 by the manager=clerk of the board. 986 D. At the hearing, the appellant shalI be entitled to appear in person, to be 987 represented by counsel and to offer evidence that is pertinent and material to the action of 988 the manager of the.(( ' regionai animal services section. 989 Only those matters or issues specifically raised by the appellant in the written notice of 390 appeal sha11 be considered. 991 E. Failure of any person to file an appeal in accordance with this section shall " 992 constitute a waiver ofthe right to an administrative hearing. 993 F. Enforcement of any notice and order of the manager of the ((animal-c-ar-e-a-~ 994 eentr-el)) regional animat services section issued under this chapter shall be stayed during 58 Ordinance 16861 995 the pending of an appeal, except impoundment of an animal that is vicious or dangerous 996 or cruelly treated. 997 G. In proceedings before the boi'itd, the regional animal services "section shall 998 bear the burden of proving bv a preponderance of the evidence both the violation and the 999 appropriateness of the remedv it has imposed. looo SECTION 33. Ordinance 1396, Article III, Section 12, as amended, and K.C.C: 1001 11.04.290 are hereby amended to read as follows: 1002 A.1. An animal, declazed by the'manager of the ' ' 1003 regional animal services section to be vicious, may be harbored, kept or maintained in 1004 King County only upon compliance with those requirements prescribed by the manager. 1005 In prescribing the requirements, 'the manager must take into consideration the following 1006 factors: 1007 a. the breed of the animal and its characteristics; 1008 b. the physical size of the animal; 1009 c. the number of animals in the owner's home; i010 d. the zoning involved; size of the lot where the animal resides and the number 1011 and proximity of neighbors; 1012 e. the existing control factors, including, but not limited to, fencing, caging, 1013 runs and staking.locations; and ' 1014 f. the nature of the behavior giving rise to the manager's determination ttiat the: 1015 animal is vicious, including: . 1016 (1) extent of injury or injuries; 59 . Ordinance 16861 1017 (2) circumstance; such as time of day, if it was, on or off the property and . 1018 provocation instinct; a.nd. 1019 (3) circumstances surrounding the result and complaint, such as 1020 neighborhood disputes, identification, credibility of complainants and witnesses. 1021 2. Requirements that may be prescribed include, bnt are not Iimited to, the 1022 following: 1023 a. Fxection of additional or new fencing adequate to keep the animat within the 1024 confines of its PropertY; 1025 b. Construction of a run within which the animal is to be kept. Dimensions of , 1026 the run shall be consistent with the size ofthe animal; 1027 c. Keeping the animal on a leashadequate to control the animal, the length and. 1028 Iocation ta.be determined by the manager. When unattended the leash must be securely 1029 fastened to a secure object; 1030 d. Maintenance of the animal indoors at all times, except when personally 1031 controlled on a leash adequate to control the animal by the owner or a competent person 1032 at least fifteen years old; and 1033 e. Removal of the animal from the county within forty-eight hours from receipt 1034 of such a notice..- ~ 1035 3. Failure to comply with any requirement prescribed by the, manager in 1036 accordance with this section constitutes a misdemeanor. Such an animal shall not be kept 1037 in unincorporated King County after forty-eight hours after receiving written notice from 1038 the manager. Such an animal or animals found in violation of this section shall be 60 Ordinance 16861 1039 impounded and disposed of as an unredeemed animal and the owner or keeper of the 1040 animal or animals has no right to red.eem the animaI or animals. 1041 B.1. Any animal constituting a public nuisance as provided in this chapter shall 1042 be abated and removed from the county by the owner or by the manager of the ((anifilw 1043 een-snd-ee~)) rejxional animal services section, upon the receipt of three notices and 1044 orders of violation by the owner in any one-year period, though this removal procedure 1045 shall not apply to the vicious animal removal procedure set out in K.C.C. 11.04.29Q.A3. 1046 Where it is established by record in accordance-with this chapter and no finding was J' 1047 entered showing that the owner will be able to provide reasonable restraints to protect the 1048 public from repetitions of violations, the manager of the ' 1049 regional animal services section.shall notify and direct _the owner of the animai to abate 1050 or remove the same from the county within ninety-six hours from the norice. If the 1051 animal is found to be within the confines of King County after ninety-six hours have - 1052 etapsed from the notice, the same shall be abated and removed by the manager of the - 1053 ' rep-ional animal services section. Animals removed in 1054 accordance with this section shall be removed from King Counry or be_subjected to 1055 euthanasia by the ' reQionaI animaI services section. 1056 2. Any animaI that bites, attacks or attempts to bite one or more persons two or - 1057 more times within a two-year period is declared to be a public nuisance and shall not be 1058 kept within unincorporated King County forty-eight hours`after receiving written notice 1059 from the manager. Such an animal or animals found in vioiation of this section shall be 1060 impounded and disposed of as an unredeemed animal, and the owner or keeper of the 1061 animal or animals has no right to redeem the animal. 61 - Ordinance 16861 1062 SECTION 34: Ordinance 6370, Section 12, and K.C.C. 11.04:330:are hereby 1063 amended to read as follows: ' 1064 The (C ' regional animai services section is authorized to make and 1065 enforce rales and regulations, not inconsistent with the provisions of this chapter, and it is 1066 unlawful to violate or-fail to comply with any of such rules and regulafions. All of such .1067 rules and regulations shall be reduced to writing and adopted 1068 Cede;)) in accordance with K.C.C. ((E))chapter 2.98. 1069 SECTION-35. Ordinance 7986, Section 3, as amended, and K.C.C. 11.04.335 aze 1070 hereby amended to read as folIows: 1071 A. The manager, of the ' repional animaI services 1072 section may waive or provide periods of amnestv for pavment of outstandinglicensing 1073 fees, Iate licensing penalty fees, adoption fees and redemption and sheltering fees; in 1074 whole or in part, when: to do so would further the goals of the " 1075 regional animal services section and be in the pubiic interest. 1076 B. In determining whether a waiver should apply, the manager of the ((animal 1077 c-ar-e-axxd-oermional animal services section must take into corisideration the 1078 following elements: - 1079 1. The reason the animal was impounded; 1080 2: The reason or basis for the vioiation, the nature of the vioIation; the duration 1081 of the violation and the likelihood the violation will not recur; 1082 3. The total amount of the fees charged as compared with fhe grayity of the 1083 violation; 62 . Ordinance 16861 1084 4. The effect on the owner, the animal's welfare and the 1085 eea#f&)) regional animal services section if the fee or fees or penalties are not waived 1086 _ and no payment is received. 1087 SECTION 36. Ordinance 10423, Section 24; as amended, and K.C.C. 11.04.410 1088 are hereby amended to read as follows: 1089 When issuing a license for an unaltered pet the ' 1090 regional animal services section ((sh*H-&se))'mav provide to the applicant a voucher 1091 ' for the payment of all or parC of the cost 1092 of a spay or neuter operation by a licensed veterinarian on the pet, with the amount of tlze 1093 voucher estahlished bv tlie manager of regional animal services based upon available 1094 resources and anpropriation authoritv beinp, provided bv the council. The ((ailifflal 1095 eefftFel ajtke~)) regional animal services section sha}l compile, maintain and make 1096 available to the public a list of veterinarians who accept the vouchers as full orpartial 1097 payment for spay or neuter operations. Spay or neuter vouchers shall be redeemed : 1098 through the King County ((e€ treasurv by veterinarians who have 1099 performed a spay or neuter operation on a pet licensed in King County as an unaltered 1100 pet. 1101 SECTION 37. Ordinance 10423, Section 6, as amended, and K.C_C. 11.04.500 ' 1102 are hereby amended to read as follows: - 1103 A. It shall be the policy of King County that a maximum euthanasia rate target is 1104 set to measure the progress towards reducing the rates of cats and dogs euthanized by the 1105 ' regional animal services section or its designees: 1106 The euthanasia rates shall be calculated based on the totaI number of five cats and dogs 63 Ordinance 96861 1107 take in to King County custody to include stray, homeless, abandoned, unwanted or 1108 sunendered animals, and animals euthanized at an owner's request.; The euthanasia rates 1109 sha11 exclude aniinals euthanized at the order of the director of the Seattle-King Couiity 1110 department of pubfic health and those animals who are not in the custody of King County . 1111 but are brought to a King County shelter by their owner or guardian for ttie purposes of 1112 Iicensing, or clinic services, such as spaying, neutering'and vaccinations should such I113 services be made available to the public by ' the 1114. regional animal services section. - 1115 B. b 1116 and eea4e! is-n9#-ta-exseed twen~y por-FefA in #eyear- e~~~ng DesemoeF:3-1, 29(~ 1117 Q)) The total number of cats and dogs euthanized by ' 1118 and een#al)) the regional. animal services section is not to exceed fifteen percent ((in4he 1119 1120 SECTION 38_ Ordinance 10423, Section22, as amended, and K.C.C. 11.04.550 1121 are each hereby amended to read as foiIows 1122 The ' regional animal services section shall 1123 report to the council no (('^+°r d^a less than twice each vear on the number of 1124 animals taken into King County's custody, the average lenjzth of stay for animals, the 1125 number: of animals redeemed by their owners, the number of animals adopted, the 1126 number of animals transferred to other animal welfare organizations or agencies, .the. 1127 number of animals euthanized, the number of animals euthanized at an owner's request, • 1128 the number of animals euthanized due to a determination of vicious temperament, the 1129 number of animats enthanized due to a determination that the animal had a poor or gave 64 Ordinance 16861 ' 1130 pmgnosis of health and was irremediably suffering, the number of animals that die of 1131 causes other than an.administered method of euthanasia; the number of animats spayed or 1132 neutered, the number of animal cruelty cases, the niimber and type of pet licenses issued 1133 and the mzmber of spay or neuter vouchers issued and redeemed. ( !even `s of 4he s 11 '1 - - 11 . 1134 sye r l sl,.,il L.s fi1e.7 .,,:rL. +a-al,v s ..1e..L ..F+1. '1, ll . 1135 . The reports shalI includeproszxam revenues expenditures status ofpavments fiom cities - 1136 for contractual services, an accounting for the use of the animal bequest funds and 1137 - impacts to the general fund. These twice annual reports shall be prepazed concurrent 1138 with and include the reports developed for citiesper the terms of anv interlocal ' 1139 aMments for resional animal services. One naper coQv and an electronic copv of each 1140 revort shall be filed with the clerk of the council who shall distribute electronic copies to . 1141 all councilmembers. - 1142 SECTION 39: Ordinance 10423, Section 26, as amended, and K.C.C. 11.04.570 1143 are hereby amended to read as fotlows: 1144 The 1145 eitizen's regional animal services section shall develog a breeder ;1146 certification program, including a definition of the term "breeder," to p"romote the "best . 1147 management practices" for the breeding and caring of animals. The proposed breeder 1148 certification program shall be submitted to the county coancil for approval. 1149 SECTION 40. Ordinance 3732 Section 1, as amended, and K.C.C. 11.08.040 are ~ 1150 hereby: amended to read as follows: . 65 Ordinance 16861 ' 1151 A. Petitions requesting the King County council to create a dog control zone sha11 - 1152 be submitted to the office of the clerk of the council. The clerk of the councilshall 1153 forward copies of the petitions and other materials to: - 1154 1. The office of the councilmember in whose district the proposed zone is. ' 1155 requested; - , 1156 2. : Ttie ' regional animaI services sectiori ((e€he 5157 and : 1158 3. The . . . sefAees . . director of " 1159 elections. 1160 B. Petitions shall be accompanied by a map and should include a legal . 1161 description.of the proposed zone. In addition, the petitions should contain: ~ 1162 1. The signatures, both written and printed legibly, of at.least ten percent of the _ 1163 registered voters within the proposed zone; and - 1164 2. The popular addresses of the petitioners. 1165 C. Upon receipt of the copy of the filed petition, the ' 1166 regional animal services section shall conduct a comprehensive review of ihe 1167 enforceability of the proposed boundaries and if necessary recommend alternative 1168 boundaries to the director of the department of executive services and the affected _ 1169 councilmember. 1170 D. The ((r° e•as ana':~°~~:~- ~ °s -':F„s;en)) department of elections shall: 1171 1: Determine the approximate number of registered voters within the proposed . 1172 zone; . 1173 2. Determine the number of signatures of registered voters in the petition; and ' 66 " Ordinance 16861 1174 3. Forward the conclusions regarding the number of signatures of registered. , 1175 voters and total number of registered voters residing within the proposed zone to the 1176 office of the affected councilmember and the director-of the department of executive 1177 services. : 1178 E. The executive may recommend by ordinance a proposed dog control zone to 1179 the council based on the recomanendation of the directoi of the department of executive 1180 services. - 1181 F. In addition to other statutory requirements, the cduncil may cause to occur any 1182 public meetings or notification through the local media as it considers necessary ta ensure 1183 that affected citizens are aware of the proposed ordinance to create a dog control zone. - 1184 G. Ifihe King County council finds the formation of the petitioned area_to be. 1185 beneficial to be public health, safety and general welfare, it slzall establish such a dog 1186 control zone by ordinance. The council shall consider, but is not limited to considering, 1187 the location, terrain and surrounding iand use of the petitioned area. ' 1188 SECTION 41. Ordinance 3548, Section 5, as amended, and K.C.C. 11.08.060 are 1189 hereby amended to read as follows: 1190 In addition to, or as an alternate to, any other penalty provided in this title crby 1191 general law, any person whose animal is maintained in violation of this chapter shall 1192 incur a civil penalty plus billable costs of the ' 1193 re,ional animal services section. The penalty for a violation shalI be as provided in 1194 K.C.C. 11.04.035. However, for the first thirty days following the enactment of each 1195 individual dog control zone, no penalty shall be assessecl ((in *',es° ea°°° .,.w°-° A 1196 67 Ordinance 16861 1197 1198 , 1199 . , nefffiq. 1200 . 1201 1202 and; _ , . 1203 for a violation of this chapter that occurs within the newlv established dog 1204 conttol zone. ~ - - 1205 SECTION 42. Ordinance 11150,.Section 1-2; and K.C.C. 11.08.075 are-hereby 1206 amended to read as follows: , . 1207 A. ( . 1208 ..+,.,,l zene rr; r,. e e , r..+h„ felleAiag e . 1209 ,.fae,.s ....a ,.the,. a.;,...,oss+;,. Aa ,,.,.,ts f.,,.., a,.,,s t,,....e zz 1210 .c.h,,... .:e...~.,:..+. , 1211 . 1212 )iA ' ; 1213 . , 'e 1214 an? ::k_oss,--- - r--~a-------~ ~ _~,~~i.. A a ..~,...,...,..,..a.. -~.v.... ...::.~e ~ ,.a,,,.+~ b..e,.... ..~e_....+ ~ w -.r---y . 1215 a~as l,,,.,,e ~ ~ + a 1216 4. _ :Fh° r=.. „c, :e.,+•e .,i i,. of d^bs a: ...^:6e .,~u. ~ 1217 tetheir- beeefntng-iest-W being strue~~~~ieWaf tm€€e;,and 1218 S. The ..~e..+;..., ..~'«~.~.~c3ri~nc nr.t 1.._... ..lis+~.~ .7,,.,~ r 1 r-----. ---r --r---------- ..a,~„ ..,b~ i~rC-v:-- vrzurouc 1219 r-2stF83iit: 68 Ordinance 16861 . 1220 B:)) In addition to ttie dog control zones already in effect under tlie provisions of 1221 this chapter, there is created a dog control zone in the following urban zoning districts of 1222 unincorporated King County(( . . . , , 1223 SPURS , , > > - , RD3600, RM2400, ' W, 2224 RA, rDM'►vvrD,-Bt~~R N, B Grv-, 'i-DZM D-a , m=d-M-rvroras scfincd - in-it~G. 1225 244)): R-1 through R-48; O,-NB, RB, CB((;)) and I. 1 226 SECTION 43. Resolution 27312, Section 1, as amended, and K.C.C. 11.12.010 1227 are hereby amended to read as follows: - 1228 Whenever the director of the Seattle-King County'department of public health has , 1229 cause to suspect that an animal capable of trazismitting ra.bies is infected with the disease, 1230 the director shall order a period of qvarantine of not less than ten days. The director shall. 1231 notify in writing the owner or keeper of the infected anirrmal of the guarantine order. The 1232 , infected animal shall be quarantined by the ' rep-ional animaI 1233 services section in its shelter or upon the . 1234 premises of the owner or licensed veterinarian where co.nditions of quarantine are strictly 1235 kept. The place of quarantine shall be at the discretion of the director, unless the animal 1236 had been exposed to rabies by contact, in which case K.C.C. 11.22.040 shall apply. 1237 Delivery of a copy of the quarantine order to some person of suitable age and discretion 1238 residing vpon the premises where the animal is found shall be notice of the quarantine. 1239 Good cause for such an order of quarantine shall include, but is not limited to, evidence . 1240 that the animal has bitten, or that there is reasonable'certainty that the animal has bitten, a 1241 human being. During the period.of quarantine, the offrcers, agents and employees of the 1242 ' regional animal services secdon; and other police officers, are 69 Ordinance 1685 1 1243 authorized to enter any premises for the purpose of apprehending any such an animal and I 1244 _ impounding the animal, except where the animal is kept upon the premises of the owner 1245 or Iicensed veterinarian as provided in this section. ~ 1246 SECTION 44: Ordinance 2473, Section 2, as amended, and K:C.C. 11.28:020 are 1247 hereby amended to read as follows: 1248 The definitions in this section apply throughout this chapter unless the context 1249 clearly xequires otherwise. 1250 A. "Animal caze and control authority" means the ' - 1251 reiziorial animal services section in the records and licensing services division, acting 1252 alone or in concert with other municipalities for enforcement of the animal care and . 1253 control laws of the county and state and the shelter and welfare of animals_ 1254 B: .".Director" means director of the department of executive services. - 1255 C. "Exotic animal" means any of the fotlowing: , 1256 1. Venomous species of snakes capable of inflicting serious physical harm or 1257 death to human beings; 1258 2. Nonhuman primates and prosimians; 1259 3. Bears; 1260 4. Nondomesticated species of felines; 1261 5. Nondomesticated species of canines and their hybrids, including wolf and : 1262 coyote hybrids; and 1263 6. The order Grocodylia, including alligators, crocodiles, caimans and gavials. 1264 SECTION 45. _Ordinance 2473, Section 6, as amended, and K:C.C.• 11.28.060 are 1265 hereby amended to read as follows: 70 Ordinance 16861 - 1266 If, after investigation by the manager of the ' . re ional 1267. animal services section, it appears that the applicant is the ownez or tenant of or has a - 1268 possessory interest in the.property shown in the application; iflipplicable, hasthe written 1269 permission of the property owner as specified in K.C.C. 11.28.050 and that the applicant 1270 intends in good faith to possess or maintain an'exotic animal in accordance with the law 1271 and the rules and regulations of the ' regional animal 1272 services section, the ' regional animal services section • 1273 shalI issue a license to the applicant describing therein the premises to be used by the = 1274 licensee and certifying that the licensee is lawfully enfitled to use the same for tlie 1275 possession or maintenance of the exoric animal or animals specified in the'ticense. - 1276 However, before issuing the license, the ' re'onal 1277 animal services section shall inspect the cage or other -confinement as required by rule or 1278 regulation and specified in the licensee's application in order to determine whether the 1274 cage or confinement meets the standard specifications for the classification of the exotic 1280 animal. If the cage or confinement is deemed inadequate, the applicant shall make such 1281. changes as are necessary to meet the standard specif cations before the license shalI be 1282 issued. . . 1283 SECTION 46. Ordinance 2473, Section 7, as amended, and K.C.C. 11.28.070 are - 1284 hereby amended to read as follows: 1285 The manager of the ' regional animal services section, 1286 or any other officer authorized by the manager, may make ioutine.periodic inspections of 1287 a licensee's premises and records in order to determine the number, kind, weight and 1288 condition of exotic animals possessed by the licensee, arid for purposes of enforcing this 71 Ordinance 16861 . . 1289 chapter and the rules and regulations of the ' regional 1290 animal services section. 1291 SECTION 47. Ordinance-'3232, Section 2, as amended, and K.C.C. 11.32.020 are:. 1292 hereby amended to read as follows: 1293 The definitions in.this section apply throughout ihis chapter:unless the context 1294 cleaziy.requires otherwise. 1295 A. "Animal caze and control authority" means the ' 1296 regional animal services.section in the records and licensing services divisiori, acting . 1297 alone or in concert with other municipalities in the enforcement of the animal caze and 1298 control laws of the county and state. 1z99 B. "Director" means director of the department of executive services. 1300 C. "Guard dog" means any member of ttie dog fannily Canidae that has been 1301 trained or represented as tra.ined to protect either person or property, or both, by virtue of 1302 exhibiting hostile propensities and aggressiveness to unauthorized persons. 1303 D. "Guard dog purveyor" means any person,. firm or corporation supplying guard 1304 dogs to members of the public. 1305 E. "Guard dog trainer" means any person, either as an individual or as an - 1306 employee of a guard dog purveyor, whose prime function is the training of dogs as.guard , 1307 dogs. 1308 F. "Rules and regulations of the ' re ional ~ 1309 animal services section" means such rules and regulations, consisfent with the intent of . 1310 this chapter, as may be adopted by the ' xe ionaI 1311 animal services section under K.C.C. chapter 2.98. 72 : Ordinance 16861 1312 SECTION 48. Ordinance 3232, Section 9, as amended, and K.C.C: 11.32:490 are 1313 hereby amended to read as follows: -V 1314 - The manager of the ' regional animal services section or 1315 the manager's authorized representative shall inspect all premises that are the subject of 1316 the Iicenses and registrations required in this chapter before the issuance of licenses or . 1317 registrations. The inspections shall include, but not be limited to, a verification that 1318 adequate measures aze being talcen to protect the health, welfare and safety of the general 1319 pubIic and to ensure the hnmane treatment of the guard dogs. If the preinises are deemed 1320 inadequate, the mith regionai animal services section 1321 shall direct the applicant to make such changes as are necessary before the license or 1322 registration is issued. The manager of the regional animal - 1323 services section or the manager's authorized representative may make the inspections of a 1324 licensee's premises or the premises of an area guazded by a registered guard dog for the 1325 purpose of enforcing this chapter and the rules and regulations of the ' ~ 1326 , sentfel authe)) regional an imal services section. 1327 SECTION 49. Ordinance 3232, Section 13, as amended, and K.GC. I132.I00 1328 aze; hereby amended to read as follows: 1329 In protecting the health, safety and welfare of the public; to enforce the laws of 1330 the state of Washington as they pertain to animal cruelty, shelter, welfaze and 1331 enforcement of control; the mana.ger of the ' and regional animal 1332 services section and the manager's authorized officers are authorized to take such lawful 1333 action in exercising appropriate powers and responsibilities in Article III of Ordinance 1334 1396 and K.C.C. chapter 11.04. 73 : Orclinance 16861 1335 SECTION 50. Ordinance 1396, Article II, Section2; as.amended, and K.C.C: ' 1336 11.04.040 aze hereby repealed. 1337 SECTION SI. Ordinance 6370, Section 11, as amended, and K.C.C: 11.04:320 1338 are hereby repealed. . 1339 SECTION 52. Ordinance 10423, Section 10, as amended, and' K:C.G.' 11:04.590 1340 are hereby repealed. 1341 SECTION 53. Ordinance 9464, Section l; as annended, and K.C.C. 11.06.0I0aTe 1342 hereby repealed. 1343 SECTION 54. Ordinance 9464, Section 2, as amended, and K.C.C. 11.06.020 are ' 1344 hereby repealed. 1345 SECTION 55. Ordinance 9464, Sections 3, as amended, and K.C.C. 11:06.030' 1346 aze hereby repealed. i347 SECTION 56. Ordinance 9464, Section 4, and K.C.C. 11:06:040 are hereby 1348 repealed. 1349 SECTION 57. Ordinance 9464, SectionS; and K.C.C. 11.06.050 are hereby 1350 repeaIed. 1351. SECTION 58. Ordinance 9464, Section 6, as amended, and K.C.C. 11.06:060 are - 1352 hereby repealed.. 74 Ordinance 16861 ' 1353 SECTTON 59. Ordinance 9464, Section 7, and KC.C. 11.06.070 are hereby 1354 repealecl. "1355 _ Ordinance 16861 was introduced on 6/1/2010 and passed as amended by the Metropolitan King County Council on 6/21/2010, by the following vote: Yes: 7- NIr: van Reichbauer, Mr. Gossett, Ms. Hague, Ms. Patterson, Ms. Lambert, W. F'erguson and 1VIr. Dunn No: 1- Mr. Phillips Excused: 1 - Ms. Drago KING GOUNTY COUNCIL KIlVG COUNTY, WASHINGTON ~ Robert W. Ferguson, Chair ATTEST: ~ N Q C_ Anne Noris, Clerk of the Council 1 7:J - • V Y:~ . . . \ 7 . - APPROVED this ~ I.gay of v V N~ . 2010. 'r o ~ _ - , Dow Constantine, County Executive Attachments: None - 75