HomeMy WebLinkAboutCity Council Committees - Operations Committee - 03/07/2017 (2)
Unless otherwise noted, the Operations Committee meets at 4 p.m. on the first and third
Tuesday of each month in Kent City Hall, Council Chambers East, 220 4th Ave S, Kent, 98032.
For additional information please contact Jennifer Hays at 253-856-5700.
Any person requiring a disability accommodation should contact the City Clerk’s
Office at 253-856-5725 in advance. For TDD relay service call Washington
Telecommunications Relay Service at 1-800-833-6388.
Operations Committee Agenda
Councilmembers: Bill Boyce – Les Thomas – Dana Ralph, Chair
March 7, 2017
4 p.m.
Item Description Action Speaker Time Page
1. Call to order Chair Ralph 1
2. Roll Call Chair Ralph 1
3. Changes to the Agenda Chair Ralph 1
4. Approval of Check Summary Reports
dated 1/16/2016 thru 1/31/2016 and
2/01/2017 thru 2/15/2017
YES Chair Ralph 2
5. Approval of Meeting Minutes Dated
February 7, 2017
YES Chair Ralph 2 1
6. Temporary Limited Term Position -
Recommend
YES Chief Thomas 5 5
7. School Zone Traffic Safety Camera
Program Fund Expenditures-Recommend
YES Chief Thomas 5 7
8. Ordinance Amending Chapter 9.83 of the
Kent City Code “Parking” - Recommend
YES Alex Ackley 10 15
9. Water District #111 Franchise -
Recommend
YES Tom Brubaker 10 33
10. Interlocal Agreement with King County
for Animal Services - Recommend
YES Aaron BeMiller 5 63
11. City of Kent Investment Policy -
Recommend
YES Aaron BeMiller 5 153
12. Director’s Report – Information Only NO Aaron BeMiller 5 175
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OPERATIONS COMMITTEE MINUTES
February 7, 2017
Committee Members Present: Les Thomas, Bill Boyce, and Dana Ralph, Chair
1. The meeting was called to order by Dana Ralph at 4:00 p.m.
2. ROLL CALL.
3. CHANGES TO THE AGENDA.
Item #11, Director’s Report – Information only, was removed from the agenda.
4. APPROVAL OF THE CHECK SUMMARY REPORT DATED 11/16/2016 THRU
11/30/2016 AND CHECK SUMMARY 1/01/2017 THRU 1/15/2017.
L. Thomas moved to approve the check summary report dated 11/16/2016 thru
11/30/2016 and check summary 1/01/2017 thru 1/15/2017. B. Boyce seconded the
motion, which passed 3-0.
5. APPROVAL OF MINUTES DATED JANUARY 17, 2017.
B. Boyce moved to approve the Operations Committee minutes dated January 17, 2017.
L. Thomas seconded the motion, which passed 3-0.
6. AMEND RESOLUTION NO. 1939, CODE FEES – RECOMMEND.
Economic and Community Development Planning Manager Matt Gilbert asked members to
amend a minor mathematical error on page four, section five of the code fees resolution.
The original resolution was in the 2017 – 2018 biennial Budget that was previously
approved during the December 13, 2016 council meeting; there was no change to the
scope of work.
For communication reasons, committee members requested the change in fee be
published to the public.
L. Thomas moved to recommend Council adopt a resolution to repeal Resolution No.
1939 with a new resolution that corrects minor errors. B. Boyce seconded the motion,
which passed 3-0.
7. MICROSOFT PRODUCT LICENSING – 2017 ENTERPRISE AGREEMENT –
RECOMMEND.
Information Technology Director Mike Carrington and Technical Services Manager James
Endicott made a request to renew the three-year agreement for licensing city desktops,
laptops, mobile devices, and servers. The three-year agreement covers the time frame of
June 2017 to June 2020. The current required amount of $367,106.02 is covered in the
council approved 2017-2018 biennial budget cycles, a substantial increase from the
current agreement.
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Operations Committee Minutes
February 7, 2017
Page: 2
B. Boyce moved to authorize the Mayor to execute all documents necessary to enter into
a three-year contract with SoftwareOne, the reselling agent for Microsoft Inc., in the
amount not to exceed $367,106.02, to renew the Microsoft Enterprise Software
Agreement, and to ratify all acts consistent with this motion, subject to final terms and
conditions acceptable to the IT Director and City Attorney. L. Thomas seconded the
motion, which passed 3-0.
8. BUDGET CERTIFICATION FOR ANNEXATION SALES TAX CREDIT-RESOLUTION –
RECOMMEND.
Finance Deputy Director Barbara Lopez asked members to approve the annexation sales
tax credit to provide services in the Panther Lake annexed area. The net of the
revenues and costs produces a deficit of $5,746,730, which is the amount being
certified as the amount of annexation sales tax credit the City is requesting from the
State for July 1, 2017 through June 30, 2018.
This certification period is the eighth year the City will receive the annexation sales tax
credit, which will expire June 30, 2020.
L. Thomas moved to recommend Council approve the resolution certifying the Panther
Lake annexation sales tax credit of $5,746,730 for the period July 1, 2017 through
June 30, 2018. B. Boyce seconded the motion, which passed 3-0.
9. CONSOLIDATING BUDGET ADJUSTMENT ORDINANCE FOR ADJUSTMENTS
BETWEEN DECEMBER 1 AND 31, 2016 - RECOMMEND.
Ms. Lopez asked to approve the technical gross budget adjustment ordinance reflecting
an overall budget increase of $765,000. Of that, $500,000 relates to debt service for
the 2015 bond refunding. The remaining $265,000 is for capital equipment and upgrades
for the ShoWare Center’s capital re-investments per contract, such as LED lighting, digital
menu boards and concession carts.
B. Boyce moved to recommend Council approve the consolidating budget adjustment
ordinance for adjustments made between December 1 and 31, 2016, reflecting an
overall budget increase of $765,000. L. Thomas seconded the motion, which passed 3-
0.
10. FEDERAL GRANTS SIGNING AUTHORITY ORDINANCE – INFORMATION ONLY.
Public Works Deputy Director Chad Bieren provide an update to a change in how the
Washington State Department of Transportation (WSDOT) Highway and Local Programs
office administers federal transportation dollars. WSDOT has notified the City that
effective December 1, 2016, federal law requires that all reimbursement requests on
federal grants must now include documentation that confirms the person signing the
reimbursement request is authorized to legally bind the agency.
At the January 23, 2017 Public Works Committee meeting that Chapter 3.70 of the Kent
City Code be updated to explicitly grant department directors authority to sign
reimbursement requests and vouchers on grants that have been awarded and accepted by
the City.
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Operations Committee Minutes
February 7, 2017
Page: 3
The meeting was adjourned at 4:17 p.m. by D. Ralph.
J. Hays
Jennifer Hays
Operations Committee Secretary
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POLICE DEPARTMENT
Ken Thomas, Chief of Police
Phone: 253-856-5800
Fax: 253-856-6802
Address: 400 West Gowe St.
Kent, WA. 98032-5895
DATE: March 7, 2017
TO: Operations Committee
FROM: Chief Thomas
SUBJECT: Temporary Limited Term Position - Recommend
MOTION: Recommend that the Council authorize the Mayor to establish a
project temporary limited term AFSCME position to replace the current
temporary variable hour position that provides support to the Traffic
School Program, to be funded out of the Traffic School Program budget,
and adjust the budget accordingly.
SUMMARY: The Kent Police Department currently employs a temporary variable
hour position to assist the Traffic School Program with administrative support tasks
such as scheduling of classes, processing traffic school applications, background
checks and public customer support. This work is designated as AFSCME work and
the current collective bargaining agreement does not allow the City to maintain this
position in its current structure. The City is requesting the establishment of this
new position to both meet the community need for the Traffic School Program and
address the concern of AFSCME.
The Traffic School Program is a beneficial service to the community as it provides
an opportunity for community members who receive a traffic infraction to sign up
for an educational course on driving safety and traffic laws, rather than paying for
the fine for the infraction.
The Kent Police Department would like to expand the Traffic School services with
additional classes to increase accessibility to local Kent residents, and also contract
out these classes to surrounding municipalities that do not offer the program. This
expansion would be a trial project for the next two to three years, and the program
would be monitored by Police Administration to determine if the increase in classes
offered results in increased demand for participation in the program from both Kent
residents and residents from the surrounding cities.
This item is on the City Council Consent Calendar for action today, March 7, 2017.
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Budget Impact: The Kent Police Department currently funds the temporary
variable hour position out of the Traffic School Fund. The cost of increase in
working hours, in addition to cost of benefits associated with temporary limited
term position, the Department anticipates to be absorbed by the Traffic School
Fund. The estimated cost is as follows:
Exhibits: None
Cost Increase NRTV to .75 FTE
Base Salary 22,452.62
Social Security 1,392.06
Medicare 325.56
Retirement 2,510.20
Life Insurance 162.00
Medical/Dental (Emp & Family)19,704.00
Medical Aid 1,430.38
Unemployment 192.00
Long Term Disability 745.92
48,914.74
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POLICE DEPARTMENT
Ken Thomas, Chief of Police
Phone: 253-856-5800
Fax: 253-856-6802
Address: 220 Fourth Avenue S.
Kent, WA. 98032-5895
DATE: March 7, 2017
TO: Operations Committee
FROM: Chief Thomas
SUBJECT: School Zone Traffic Safety Camera Program Fund Expenditures-
Recommend
MOTION: Recommend Council authorize the expenditure of $479,200 from
the School Zone Traffic Safety Camera Fund, amend the budget, and
authorize the Mayor to sign all documents necessary to complete these
projects, subject to final terms acceptable to the Police Chief and City
Attorney.
SUMMARY: School speed zones are located in areas occupied by a high number of
pedestrians, especially before, during, and after school, and driver inattention and
speeding can have devastating consequences. The strategic placement of
automated traffic safety cameras in school zones has been shown to reduce vehicle
speeds, resulting in the reduction of risk to pedestrians.
Kent City Code section 9.36.140(F) requires that funds derived from the use of the
traffic safety cameras be used to first cover the costs of administering the program,
with excess funds to be used for criminal justice-related purposes. The current
available fund balance is $949,722, and the Kent Police Department seeks approval
to use excess funds to cover the cost of:
1. installing substation security upgrades in the approximate amount of
$57,000,
2. purchasing unmanned aerial vehicles in the approximate amount of $50,400,
3. purchasing a 3D crime scene scanner in the approximate amount of
$106,000,
4. technology updates in the approximate amount of $85,000,
5. establishing and implementing the department marketing and communication
plan in the approximate amount of $60,800,
6. purchasing portable surveillance equipment in the approximate amount of
$20,000, and
7. setting aside funds for City Administration/City Council emergent needs in
the approximate amount of $100,000.
All of these projects are explained in more detail in the attached Capital Project
Request. The remaining balance after these expenses will be $470,522.
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This item is on the City Council Consent Calendar for action today, March 7, 2017.
Exhibits: Capital Project Request, which details how funds will be used under this
request.
Budget Impact: Expenditure of $479,200 to come from the School Zone Traffic
Safety Camera Fund.
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SCHOOL ZONE CAMERA FUND
CAPITAL PROJECT REQUEST
PRIORITY ITEM DESCRIPTION COST TIMELINE
1 Substation Security Upgrades $57,000 Summer 2017
2 Unmanned Aerial Vehicles $50,400 Spring 2017
3 3D Crime Scene Scanner $106,000 Spring 2017
4 Technology Updates $85,000 Fall 2017
5 Department Marketing and $60,800 Summer 2017
Communication Plan
6 Portable Surveillance Equipment $20,000 Summer 2017
7 City Administration/City Council Emergent Needs
$100,000 2017
TOTAL $479,200
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Police Priority #1
Description: Police Substation Security Upgrades - $57,000
Justification: The safety of our officers as with all City of Kent Employees is a top priority.
High profile police uses of force incidents across the nation have ignited tensions between
social justice groups and law enforcement, inspiring many to commit violence against police
officers. A 10-year high in the number of officers feloniously killed was reached in 2015,
resulting in the deaths of 39 officers, with 16 of those killings the result of unprovoked ambush
style attacks. The number of police killed increased to 63 in 2016, an increase of 39%, the
highest total in 11 years. That trend appears to be continuing in the early part of 2017 with
five officers already killed since January 1st. Although it is of some relief to realize that
Washington State has seen less violence against its law enforcement officers than in other
states across the nation, it’s important to note that on December 5th, 2016, an unknown
suspect(s) shot five rounds into the Mountain Detachment Substation of the Pierce County
Sheriff’s Office. The substation was occupied by two Sheriff Deputies.
The current security systems at both the Woodmont and Panther Lake substations are
antiquated. In light of the on-going threat to law enforcement officers it is necessary to make
immediate security upgrades.
Enhanced Digital Video System - will serve as a greater deterrent and will enhance the
ability of officers using the substations to gain a better view of their surroundings while
conducting business there. Recording capabilities will be enhanced making view video
available for investigative purposes.
Estimated Cost = $22,000.00 per substation.
Ballistic Wall – provides protection from small firearms and rifle rounds. Currently there
is no ballistic protection at either substation.
Estimated Cost = $4,500 per substation.
Decorative Window Wraps - will not only provide an esthetically pleasing marketing of
the police department, it will limit visibility into the substation from the outside,
providing an extra layer of security to the officers.
Estimated Cost = $2,000.00 per substation.
Impact: The proposed security enhancements will result in better protection for our officers
and may deter acts of violence.
Police Priority #2
Description: Unmanned Aerial Vehicles - $50,400.00
Justification: Unmanned Aerial Vehicles (UAV) technology will significantly enhance police
operations related to traffic collision investigation, outdoors major crime scene investigations,
search and rescue and VSWAT operations. UAVs significantly increase the quality of crime
scene mapping, and decrease the amount of time investigators have to be on scene to
complete crime scene documentation. Typical crime scenes take 6-10 hours to process. A UAV
will allow the same work to be completed in 3-5 hours. Not only does that represent a
significant decrease in overtime, it also allows investigators to reopen roads and/or access to
buildings much quicker, lessoning the impact on the public. During tactical operations, UAVs
offer a way to gain visual observation without exposing officers to gunfire. In a search and
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rescue capacity, the UAV can be used to scan large areas and provide real time aerial
observation to emergency management personnel.
Unmanned Aerial Vehicles (2) – one with video capability and one with still photo
capabilities Estimated Cost = $1,700.00 each
Photogrammetry Software and Additional User Licenses (2)
Estimated Cost = $15,000.00 each
Laptops (2) Estimated Cost = $3,500.00 each
Pilot Training and Certificate of Authority (COA) from Federal Aviation Administration –
training for six investigators and administrative assistance with the COA application
process Estimated Cost = $10,000.00
Impact: The utilization of UAVs will significantly improve the police department’s ability to
investigate crime and traffic collisions, provide tactical safety for our officers and aid in search
and rescue efforts in the event of a major catastrophe. It is anticipated that the savings in work
hours and overtime pay will allow the city to recoup the cost of this procurement in the first
year of its deployment.
Police Priority #3
Description: 3D Crime Scene Scanner – $106,000.00
Justification: The current crime scene mapping technology (Total Station) was purchased in
2008 and is outdated, resulting in excessive on scene time for investigators and lower quality
crime scene documentation. Investigators take hours to photograph and measure all the
contents of a major crime scene. It is not uncommon to take 5-10 hours to complete this
work. The 3D Scanner can process the same work in about 15 minutes, while increasing the
accuracy and quality of the crime scene documentation.
3D Scanner and Accompanying Equipment
Estimated Cost = $80,000.00
Photogrammetry Software and additional License
Estimated Cost = $15,000.00
Laptop and Supporting Work Station Estimated Cost = $6,000.00
Investigator Training Estimated Cost = $5,000.00
Impact: Enhanced interior crime scene mapping capabilities. The savings in work hours and
overtime pay will allow the city to recoup the cost of this procure in the second year of its
deployment.
Police Priority #4
Description: Technology Updates - $85,000.00
Justification: The ability to receive Department of Licensing (DOL) photographs in real time,
delivered to an officer’s in-car laptop enhances officer safety and investigative effectiveness.
Officer in other jurisdictions receive DOL photographs to the laptops in their patrol vehicles
when they run computer checks on subjects via dispatch or manually via their computers. This
is not something that our CAD system currently does. Kent officers have to contact a Records
Specialist and have them run the subject on their desktop computer, make a copy of the DOL
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photograph and then send that photograph to the officer via email. This process can often take
several minutes.
Veripic is the current digital evidence management system used by the officer to store video
and digital photograph evidence. Currently officers use department digital cameras to acquire
the images. They then take the cameras to a substation or police headquarters where they
manually download the images into Veripic. The mobile application of this software is now
available and officers would be able to use their department issued iPhones to both take the
video and photos and then wirelessly send those images for evidence storage in the Veripic
System, resulting in the reduced amount of time it takes to complete this process while
strengthening the chain of custody of evidence. It would also allow the department to
discontinue the purchase of digital cameras.
Software Patch for CAD Estimated Cost = $50,000.00
Veripic Mobile Application Estimated Cost = $35,000.00
Impact: The ability to automatically get DOL photographs in the field aids officers in making
accurate identification of the subjects they are dealing with which helps with both the
investigative process and improves officer safety The Veripic Mobile Application will improve
efficiency and enhance security of digital evidence.
Police Priority #5
Description: Department Marketing and Communication Plan $60,800
Justification: In 2016, the department invested in a comprehensive community survey, utilizing
13 stakeholder focus groups that represented diverse backgrounds and perspectives. That
effort resulted in a roadmap for the department to follow in regards to what type of law
enforcement services the Kent Community expected form the Kent Police Department. The
feedback provided by the focus groups was condensed down into five major themes.
Throughout the five themes was a consistant plea from the community for more interaction and
communication with the officers of the department. In effort to fulfill that request, the
department hired a consultant to help the department establish a marketing and
communications plan and update the department’s image. The outcome of that process was the
establishment of an updated department mission and values and new strategies for marketing
the department.
New Uniform Badges Estimated Costs: $51,200.00
New Uniform Patches Estimated Costs: $9,600.00
Impact: This will allow the department to update officer uniforms and bring them in line with
the updated and more contemporary mission and values of the department.
Police Priority #6
Description: Portable Surveillance Equipment - $20,000
Justification: The use of high definition portable observation devices will allow us to monitor
and video record areas in the city that are having the highest incidents of crime. The devices
are portable, can be set up by our officers, and are solar powered, reducing the need for
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specialized installation. The equipment can be moved around the city depending on where the
crime rate is the highest. It also affords us the capability to monitor events like Cornucopia,
Splash, and city events. This equipment will not be used covertly. It is intended to be
noticeable to the public and with a blue light that signals that the cameras are being use.
Impact: Currently we do not have the ability to set up cameras in areas of high crime, without
assistance form either the Public Works Department or one detective trained in this type of
installation. This equipment would allow the department to be less reliant on other resources
to carryout video surveillance while increasing the range and diversity of location in which the
equipment could be deployed.
2 High Definition Portable Observation Devices. Currently looking at the I4-POD-P
system. It’s a box that contains 3 pan/tilt/zoom cameras and 1 stationary camera.
Estimated Cost = $7,500 a piece
System Software Estimated Cost = $5,000
Police Priority #7
Description: City Administration/City Council Emergent Needs - $100,000
Justification: This funding would be designated to address unforeseen needs as determined by
the City Administration or City Council, resulting in the city having the means to swiftly address
important issues related to public safety.
Impact: These funds will provide the resources necessary should an unanticipated need arise
and places the department in a position to rapidly act upon the direction given by City
Administration and City Council.
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Parks, Recreation and Community Services
Julie Parascondola, CPRP, Director
Phone: 253-856-5101
Fax: 253-856-6050
Address: 220 Fourth Avenue S.
Kent, WA. 98032-5895
DATE: March 7, 2017
TO: Operations Committee
FROM: Alex Ackley, Facilities Superintendent
SUBJECT: Ordinance Amending Chapter 9.83 of the Kent City Code “Parking”
- Recommend
MOTION: Recommend council adopt an ordinance amending various
sections within Chapter 9.38 of the Kent City Code to address parking in the
City of Kent.
SUMMARY: This ordinance amends various sections within Chapter 9.38 of the Kent
City Code to address parking within the City of Kent, particularly those parking lots and
garages that serve City buildings and parks, including those located near the City Hall
campus. The ordinance also grants general authority to the Mayor to designate, assign,
and authorize parking within these locations, including the authority to issue permits
and passes that exempt holders from some parking limitations, including time limits.
If this ordinance is adopted, the Mayor intends to implement a policy in substantially
the same form as the enclosed draft, which expressly grants and delegates to the Parks
Facilities Superintendent the authority to assign and designate parking within City
parking lots and garages. Among other things, this policy reserves the City Hall parking
lot and portions of the first floor of the Centennial Center parking garage, during the
hours of 9 a.m. – 6 p.m., Monday through Friday, for use by those visiting the City Hall
campus to conduct City business or take part in City activities. The policy also gives
the Facilities Superintendent flexibility to designate, assign, and restrict parking as
necessary, and to create a system of permits to assist in regulating parking.
The ordinance and policy have become necessary due to the increased difficulty of
finding parking in and around the City Hall campus during regular business hours. Due
to growth in the downtown area, a number of parking spots within the City Hall lot and
the Centennial Parking garage are being used by visitors to downtown businesses. This
non-City business use makes finding parking difficult in the immediate area for those
who are conducting business at the City, as well as City employees.
EXHIBITS: 1) Ordinance. 2) Draft Personnel Policy 7.22
BUDGET IMPACT: N/A
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ORDINANCE NO.-
AN ORDINANCE of the City Council of the
City of Kent, Washington, amending various
sections within Chapter 9.38 of the Kent City Code
to address parking within the City of Kent,
particularly parking adjacent to municipal facilities,
including those located near the City Hall campus.
RECITALS
A. Parking regulations within the City of Kent are codified in
Chapter 9.38 of the Kent City Code ("KCC"). These regulations include
provisions that prohibit parking in some locations and impose time limits
on parking in other locations. Chapter 9.38 KCC also authorizes the
facilities manager to issue permits to the Mayor, Councilmembers, and
other City staff, which exempt the holder from some of the chapter's
parking restrictions.
B. This ordinance amends pottions of Chapter 9.38 KCC to clarify
and revise a number of parking provisions concerning the City's municipal
parking facilities. This ordinance also grants general authority to the
Mayor or the Mayor's designee to designate, assign, restrict, and authorize
parking within all municipal parking facilities, including the authority to
issue permits, passes, or other exceptions necessary to regulate parking.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHTNGTON, DOES HEREBY ORDAIN AS FOLLOWS:
Amend Chapter 9.38, KCC
Re: Parkíng
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ORDINANCE
SECTION 7. - Amendment - New KCC 9.38.055. Chapter 9.38 of
the Kent City Code, entitled "Parking," is amended to add a new section
9.38.055, entitled "Parking in City Hall parking lot and Centennial Center
parking garage" as follows:
sec. 9.38,055. Park¡nq in city Hall park¡ng lot and centennial
Center parkinq..oarage. Except as provided for under KCC 9.38.070 and
KCC 9.38.170, it is illegal to park a vehicle in the parkino lot between City
Hall and the Centennial Center, or within the Centennial Center parking
garage, in violat¡on of this section.
between City Hall and the Centennial Center, and the firstjloor of the
Centennial Center, or the.Kent Police Department; tq conduct business at
Centennial Center, or the Kent Police Department.. Such visitors may park
wilhin the City Hall parking lot, or within those spac9s on the first floor of
fha nial Cantar n¡nñ narena ihef rrô m>rl¿aÅ ¡ar hanrrica
otherwise restricted by this chapter and official signs or markings' During
such bus¡ness hours. thçse parking faciliti-es are not otherwise open for use
reserv_ed for CitY vehicles.
Amend Chapter 9.3& KCC
Re: Parking
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B. Reserved parkrng. The second and third floors of the Centennial
Center parking garaqe. including the ramps leqding to and from each floor,
are reserved exclusively for use by authorized City employees or to park
City vehicles as determined appfopriate by the-Mayor or designee. These
parking facilities are not otherwise open for use by the qeneral public or
visitors to the City Hall campus.
C. Penalfy. Any violation of the provisions of this section shall be an
infraction punishable by a monetarv penalty of fiftv dollars ($50). Vehicles
prov¡ded by law.
SECTION 2. - Amendment - Revise KCC 9.38.060. Section
9.38.060 of the Kent City Code, entitled "Two (2) hour parking zones," is
amended as follows:
Sec.9.38.O6O. Two (2) hour parking zones.
A. Two ho.ur parkingJimit. Except aE prov¡ded for-undg KCC 9.38.070
and KCC 9.3B.17O, at
such times as the director of public works or designee shall place the
appropriate sign, or the facilities superintendent for municipal parking
facilitiqs, it shall be illegal to park any motor or other vehicle for an
uninterrupted period in excess of two ($hours between the hours of 9:00
a.m. and 6:00 p.m. on e¡ther side of, unless otherwise indicated, the
following streets, ptÈti€-parking lots, publie-parking garages, or poftions
thereof:
1. Centennial Parking Garage: that portion of the first floor as
posted or otherwise marked. A yehicle that displavs a valid disabled
parkinq placard or disabled license plate is exempt from Lhe two hour
limitation.
2. City Halt parking lot between City Hall and the Centennial
Building: all parking stalls unless otherwise posted or marked. A vehicle
Amend Chapter 9.3& KCC
Re: Parking
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that displays a valid disabled parkinq placafd or disabled license plate.is
exemot from the two hour l¡mitation.
3. East Pioneer Street: from Central Avenue No¡th easterly
approximately one hundred fifty (150) feet to the alley east of Central
Avenue North, south side only.
4. First Avenue North and First Avenue South: from a point two
hundred (200) feet north of West Meeker Street to West Titus Street.
5. Railroad Avenue North and Railroad Avenue South: from East
James Street to East Smith Street, east side only; and from East Smith
Street to East Gowe Street.
6. Ramsay Way: from two hundred thirty (230) feet east of 4th
Avenue North to three hundred fifty (350) feet east of 4th Avenue North.
7. Ramsay Way: from four hundred forty (44O) feet east of 4th
Avenue North to five hundred twenty (520) feet east of 4th Avenue North,
south side only.
B. Ramsay Way: from four hundred eighty (480) feet east of 4th
Avenue Nofth to five hundred twenty (520) feet east of 4th Avenue Nofth,
north side only.
9. Ramsay Way: from thirty (30) feet nofth of West Temperance
Street to one hundred f¡fty (150) feet north of West Temperance Street.
10. Second Avenue North and Second Avenue South: from West
Harrison Street to West Titus Street.
11. Stafe Avenue Nofth and State Avenue south; from East smith
Street to East Gowe Street.
12. West Gowe Street and East Gowe Sfreet: from Foufth Avenue
South to Central Avenue South.
13. West Meeker Street and East Meeker Street: from Foufth
Avenue to State Avenue.
t4. West Harrison Street: from Fourth Avenue Nofth to Second
Avenue North.
Amend Chapter 9,38' KCC
Re: Parking
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15. West Titus Street: from second Avenue south to First Avenue
South, nofth side only.
Provided, that this section shall not apply on Sundays or holidays.
B. Penalty. Any violation of the provisions of this section shall be an
infraction punishable by a monetary penalty of thirty dollars ($30).
Vehicles parked in violation of this section may be @
and impoundgçLment as provided by law.
SECTION 3. - Amendment - Revise KCC 9.38.065. Section
9.38.065 of the Kent City Code, entitled "Four (4) hour parking zones," is
amended as follows:
Sec. 9.38,O65. Four (4) hour parking zones.
A. Four hour parking limit. Except as provided for under KCc 9.38.070
and KCC 9.3B.17O' at
such times as the director of public works or designee shall place the
appropriate sign, it shall be illegal to park any motor or other vehicle for
an uninterrupted period in excess of four (4) hours between the hours of
9:00 a.m. and 6:00 p.m. on either side of, unless otherwise indicated, the
following streets, public parking lots, public parking garages, or portions
thereof:
1. Railroad Avenue North and Railroad Avenue south: from East
Smith Street to East Gowe Street.
Provided, that this section shall not apply on Sundays or holidays.
B. Penalty. Any violation of the provisions of this section shall be an
infraction punishable by a monetary penalty of thiÉy dollars ($30).
Vehicles parked in violation of this section may be @
impoundgç[ment as provided by law.
Amend Chapter 9.38, KCC
Re: Parkíng
5
21
SECTION 4, - Amendment - Revise KCC 9.38.760. Section
9.38.160 of the Kent City Code, entitled "Municipal parking facilities
regulated - Penalty," is hereby amended as follows:
Sec. 9.38,160. Municipal parking facilities regulated
Penalty.
ift
time er otherwise restrieted by offieial signst ineluding parking permits
AB. Municipal parkinq facilities*DefinitÌon. Municipal parking facilities
@ien mea ns any-lhe-pt*gtie-adieccn!*pa rki ng lot
area or parking garage that servgsir+g the following a-municipal facilitigsy'
Municipa! Court. Kent Corrections Facility.
Kent eÇommons, Riverbefrd Golf CpmplexeitÌ'€olftaeility, ei{yçKgnL,Senior
eÇenter, the parks department's maintenance shop facility.-lhe-puþliç
workå -department's operations shop facility._ençL-all parks or recreation
facilities owned or operated by the city"
ions
faeilityr and those publie lets between Smith and Harrison Streets and
f$us$treetr
mt tní¡ínal farílifv Êv¡ani ae n$lranrrica nrnrrirlarl hrr Þ Õ
"a
nçq flrnca
parking lots or parking- garages that are connected or adjacent to a
mr rni¡inrl fa¡iliÈr¡-^¡anrná av¡l¡ ¡cir¡alrr fnr ¡ rca Jrrr i irri¡lr ralc rr¡lrn rra
visiting the municipal facility during its regular hours of operation to attend
a City-sponso.red evgnt. to conduct buçiness with the Citv, or to othenryise
Amend Chapter 9'38, KCC
Re: Parking
6
22
make use olthe amenitigs or services offered by the municipal facility-
Such visitors mav park within those spaces that are marked or otherwise
designated as available for use bv visitors. and as limited in time or
otherwise restricted by the Mayor or designee throuah Qfficial signs ot
parking lot is not-otherwise open for use bv the oeneral public. Visitors
may no-t park vehicles in any parkinq space within the municipal parking
facility that is marked or otherwise desionalgd for use bv City emplovees'
for City vehicles. or for other reserved uses or vehicles. It is illegal for â
vehicle to be parked in violation of this-section.
C. Public parkrno faclrfies. A public parking lot is available for general
use by the public in downtown Kent, which is located adjacent to Titus
Street and between Second Avenue and First Avenue, as limited in time or
otherwise restricted by official signs or markinos.
Ѐ. Pe-natty, Any violation of this section shall be an infraction and
pun¡shable by a monetary penalty of fifty dollars ($50). Vehicles parked in
violation of this sect¡on may be towed and impounded a+e-subieet-*ts
+ffipet*ndtrrentras prov¡ded bY law.
SECTION 5. - Amendment - Revise KCC 9.38.770. Section
9.38.170 of the Kent city code, ent¡tled "Parking Permits," is hereby
amended as follows:
Sec. 9.38.17O. Parking permits and passes or exemptions.
designee may designate, assion. restrict. and authorize parking within all
municipal parking facilities. This authority specifically-inc!-udes the abilitY
to regulate parkino through the issuance of parkinq permits or parking
passes that either authorize the bearer to park in a particular place or
area. or exempt the bearCljfrom some or all of the parking limitations
Amend Chapter 9.38, KCC
Ret ParkÍng
A
7
23
imposed by this chapter, includjno the time limitations imposed under KCC
9.38.060 and KCC 9.38.065.
B. Form of permlfs and passes. Permits or passes may be in any form
the Mayor or designee determines to be appropriate and conspicuous. The
€ity eoun€il find
iz€s
other eity faeilities during regular business hours¡between 9r00 a;rn; until
off¡eial business with the eiÈy, The eity faeilities manager is authorized to
ee**spiet*et*s=-Such permits or passes should shall-contain a rendit¡on of the
c¡ty's corporate seal or official logo. the signature of the issuer, or some
other means of authentication lq_identifyiftg the bearerhelderthereof as a
person who is an-authorized to park in the applicable location, or as* a
person who is
exempt from one or more of the parking restrictions established under this
chapter, excluding disabled parking stalls. For. any permit or pass to be
valid, it must be displayed at all times while the vehicle is narked within
the applicable location. If the permit or pass is not displayed' aLy
permission or exemption the permit or pass conveys is ineffective and no
infraction shall be dismissed on such Lasis,@
unlimited parking fer offieial business at twe (2) heur parking zones
apeFeÞriate;
Amend Chapter 9'38' KCC
Re: Parking
I
24
B. Exception to permit ar pass requirement-Police or aovernment
veh¡cles.
fer eity eorreeËions faeility emploYeest Aukeen -Þistriet €ourE employeest
munieipalities use Aukeen- Þistriet €eurË on forms, eardsr or stiekers as he
i€i*oi*s'--Marked Pol¡ce
veh¡cles and other police or government vehicles displaying exempt license
plates are exemot from the parkino and time restrictions imposed bv KCC
9.38.060. KCC 9.38.065, and KCC 9.38.160, @
without the necessity of a permit or pass.@. S'u€h
lot seutheast of the eerreetions faeility-at 1230 $outh €entral Streeh The
parking lot shall be fer Èhe exelusive use ef individuals with these Parking
permits eNeept for any legally designated handieapped parkingr The
C. Residential parkina zone manager. The residential parking zone
manager, appo¡nted pursuant to KCC 9.38.175(C), is authorized to issue
temporary parking perm¡ts for the personal and business vehicles of city
contractors, Subcontractors, and their employees for use only while
engaged in city contract work that requires such persons to be present in
res¡dential parking zones.
lJt tma ^ fln¡at teaae î\anaF*ñôñ /-^ømtt*a Trìn Da¡'lt a Deaaeamñ
The city's director of Human Resources or desiqnee rnay recommend the
Maygr or designee issue carpool parking permits under the city's Commute
Trip Reduction Prooram, which entitle the-þearer to park a vehicle within
desionated carpool spaces on the first floor of the Centennial Center
parking garage, which spaces are exempt from any time limitation
otherwise imposed.
Amend Chapter 9.38' KCC
Re: Parking
9
25
SECTION 6. - Amendment - Revise KCC 9.38,790. Section
9.38.190 of the Kent City Code, entitled "Penalty for violation of ceftain
sections," is hereby amended as follows:
Sec. 9.38.19O. Penalty for violation of ceftain sections. Any
violation of any section of this chapter for which no penalty is specifically
provided shall be an infraction and punishable by a monetary penalty of
fifty dollars ($50). Vehicles parked in violation of this section are subject to
impoundment as provided by law.
SECTION 7. - Severabilitv. If any one or more section, subsection,
or sentence of this ordinance is held to be unconstitutional or invalid, such
decision shall not affect the validity of the remaining portion of this
ordinance and the same shall remain in full force and effect.
SECTION 8. - Corrections by City Clerk or Code Reviser. Upon
approval of the city attorney, the city clerk and the code reviser are
authorized to make necessary corrections to this ordinance, including the
correction of clerical errors; ordinance, section, or subsection numbering;
or references to other local, state, or federal laws, codes, rules, or
regulations.
SECTION 9. - Effectíve Date. This ordinance shall take effect and
be in force thirty (30) days from and after its passage, as provided by law.
SUZETTE COOKE, MAYOR
ATTEST:
KIMBERLEY A. KOMOTO, CITY CLERK
Amend Chapter 9.38' KCC
Re: Parking
10
26
APPROVED AS TO FORM:
TOM BRUBAKER, CITY ATTORNEY
PASSED: day of
APPROVED:
-day
of
PUBLISHED:
-
day of
'I hereby certify that this is a true copy of Ordinance No.
passed by the city council of the city of Kent, washington, and approved
by the Mayor of the City of Kent as hereon indicated.
)
KIMBERLEY A. KOMOTO,CITY CLERK
Pr\cþü\ordli.ıc.\9,3!.cry8¡itqqqr-t¡tl¡¡e@.tetdod
Amend Chapter 9.38' KCC
Re: Parking
20L7.
20L7.
20t7.
11
27
NUMBER 7,22
CITY OF KENT
PERSONNEL POLICY
EFFECTIVE DATE:
POLICY: ,..,
Through the Kent City Code, Council has ,aqthorized the Mayor to designate, assign,
restrict, and authorize parking within all municipal parking facilities. Through this policy,
the Mayor delegates authority to the Facilities Superintendent, which,delegation includes
authority to íssue and administer parking permits that exempt the per mit holder from
certain parking limitations. This policy explains qtqff,ìresponsibilities concerning parking
within the City, particularly around the City Hall campus, and establishes guidelines to
assist the Facilities Superintendent in :administering :parking permits. City employees
violating this policy may be subject to discipline, and any vehicle parked in violation of the
Kent City Code orthis policy may be towed at the registered,owner's expense.
7.22.L DEFINITIONS
Facilities Superintendent: The term "Facilities Superintendent" refers to the employee
appointed to the position of Facilities Superintendent by the
Director of ',the City's Parks, Recreation, and Human Services
Depa rtment, or the'S u perintendent's desig n ee.
:
7.22.2 CITY HALL/CENTEÑNIAL CENTER PARKING LOT:
SUBJECT: PARKING AND PARKING PERMITS SUPERSEDES: NCW
APPROVED
Suzette Cooke, Mayor
The parking lot between City Hall and the Centennial Center is reserved for use by visitors
to the City Hall campus. Between the hours of 9 a.m. through 6 p.m., Monday through
Friday, employees àre not to,park non-City vehicles within this parking lot. In accordance
with KCC 9.38.060, this prohibition does not apply to an employee whose vehicle displays
a valid disabled parking placard or disabled license plate. During this same time period,
City vehicles should not be parked within this parking lot for longer than two hours. Any
City vehicle that requires parking for longer than two hours should be parked within other
areas authorized either by this policy or the Facilities Superintendent'
28
7.22.3 CENTENNIAL CENTER PARKING GARAGE:
A. Third Floor-Employee Parking. During their workday, employees may park
non-City vehicles on the third floor of the Centennial Center parking garage,
including the ramp that leads from the second floor to the third floor.
Employees may park non-City vehicles in other areas of the Centennial
Center parking garage as the Facilities Superintendent may authorize
through the issuance of an appropriate permit or the posting of a sign that
declares the parking space open for general employee parking.
B. Second Floor-Citv Vehicle Parking The second floor of the Centennial
Center parking garage, including the ramp ;that leads from the first floor to
the second floor, is reserved exclusively for City vehicles, and depaftment
directors or other authorized members of the :Mayor's Leadership Team.
parking spots within this designated area will bê assigned by the Facilities
Superintendent. Any unauthorized vehicle parked in violation of the Kent
City Code or this policy is subject to immediate towing in accordance with
state and local law.
C. First Floor-Visitor and Caroool Parking. The first floor of the Centennial
Center parking garagg is ,generally reserued for use by visitors to the City
Hall campus and carpoolers authorized through the City's Commute Trip
Reduction program. The Facilities Superintendent may authorize, restrict, or
designate other parking on the fiist,floor of the parking garage, including
without.limitationpmployee o-r electric vehicle parking, through the issuance
of an appropriats'permit, or the posting óf'a sign or other marking that
declares,the purpose for which the parking space may be used. Any
unauthorized .vehicle parked in violation of this policy, or in a space marked
and reserved for,ànother use, is subject to immediate towing in accordance
with state and local law.
emplòyees may not park non-City vehicles within parking spaces
reserved exclusively for carpoolers, unless the employee possesses an
authorized carpool permit. City employees also may not park non-City
vehicles within parking spaces reserved for visitors or City vehicles, unless
the employee possesses a parking permit that exempts the employee from
this prohibition.
7 .22.4 FACILITIES SUPERINTENDENT AUTHORITY
The Facilities Superintendent possesses all authority necessary to designate, assign,
restrict, and authorize parking within all municipal parking facilities, and to issue permits
exempting holders from the time limitations established by KCC 9.38'060 and KCC
9.38.06s.
7.22.5 PARKING PERMITS
29
The Facilities Superintendent may create a system of permits that visually identifies for
City officials and law enforcement where the holder of the permit is authorized to park
within the City's municipal parking facilities. If a permit is issued to a City employee, for a
particular non-City vehicle or for a City vehicle, the employee must display the permit on
the vehicle at all times while the vehicle is parked within the parking facility. The permit
must be displayed on the vehicle to which it was issued, and in the manner and location
as the Facilities Superintendent may require.
Parking in violation of this policy or displaying an invalid permit may result in any or all of
the foìlowing: discipline under Policy 2.11, issuance of a parking infraction by law
enforcement under the Kent City Code, or towing of the improperly parked vehicle. A
permit is invalid if it is displayed on a vehicle other than the vehicle to which it was
issued, displayed by an employee other than the employee to whom it was issued, or
displayed after the permit's noted expiration date.
The following are permits the Facilities Superintendent has or may issue under this policy.
This list, however, is not intended to limit the discretion granted to the Facilities
Superintendent, who may institute any permit system the Superintendent deems
appropriate. All permits issued prior to the effective date of this policy will automatically
expire on July 3L, 2OL7, except any carpool permits previously issued through the City's
Commute Trip Reduction Program:
A. Employee Permit: This permit allows an employee, or an identified non-City
vehicle, to park in those areas specifically designated and reserved for
employee parking. This permit does not authorize parking within the City
Hall parking lot, which is prohibited under Section 7.22'2 above.
If no specific employee designation is provided for within a particular
municipal parking facility, the employee may park in any parking space
generally made available to the public.
B. CTR Carpool Permit: In addition to any designated employee parking area,
this permit allows an employee to park in those areas specifically designated
and reserved for carpool parking under the City's Commute Trip Reduction
Program. This permit is issued by the Benefits Division of the City's Human
Resources Depaftment under Policy No. 4.0 in cooperation with the Facilities
Superintendent. This permit does not authorize parking within the City Hall
parking lot, which is prohibited under Section 7.22.2 above.
C. Mayor/Council Permit: This permit allows the Mayor or a Councilmember to
park in any municipal parking facility, including the City Hall parking lot, or
on-street parking space, irrespective of any parking designation or time
limitation assigned to the parking space. This exemption, however,
specifically excludes those marked parking spaces that are reserved for the
disabled who possess the required disabled parking placard, or those spaces
reserved for carpool members under the City's Commute Trip Reduction
Program.
30
D. Director Permit: In addition to any designated employee parking areas, this
permit allows department directors, or other authorized members of the
Mayor's Leadership Team, to park in assigned parking spaces on the second
floor of the Centennial Center parking garage. This permit does not authorize
parking within the City Hall parking lot beyond the two (2) hour time limit
provided for by KCC 9.38.060.
E. Jail/Court/Attorney Permit: In addition to any designated employee parking
areas, this permit allows authorized court, attorney, or jail personnel to park
within any non-disabled or non-carpool parking:space on the first floor of the
Centennial Center parking garage, within the parking lot of the Kent
Commons, or within the two-hour on-street parking spots located around the
City Hall campus, irrespective of any time limitation attached to the parking
space. However, this permit does not authorize parking in the City Hall
parking lot beyond the two (2) hour time limit provided for by KCC 9.38'060.
F. City Fleet Permit: This permit authorizes a City vehicle'to be parked within
those parking spaces that are specifically designated and :reserued for City
vehicles. This permit does not authorize parking within the City Hall parking
lot beyond the two (2) hour time limit provided for by Kcc 9.38.060.
G. Temporary Permit: This permit authorizes a vehicle to be parked within any
non-disabled or non-carpool parking space on the first floor of the Centennial
Center parking,garage, within the City Hall parking lot, or within the two-
hour on-street,:parking spots located ,,around the City Hall campus,
irrespective of any,time limitation attached to:.the parking space.
Upon staff request, the Facilities Superintendent may issue temporary
permits to non;CiW, officials or non-City employees for any reasonable
,purpose, including:,þusiness that i¡ being. conducted at the City and expected
to exceed two houis,rin duration. Upon the request of a department director,
the Facilities Superìntendent may issue a temporary permit to a City
' 'employee to authorize parking within the City Hall parking lot or the first
floor of the Centennial Center parking garage to accommodate an employee's
pafticular need,'incf uding without limitation an injury or disability.
A temporary permit must display an issuance date and an expiration date,
and they are only,valid for the time period inclusive of those dates.
All permits must be displayed as required by the Facilities Superintendent, which
requirement may be stated on the permit itself.
7.22.6 VIOLATIONS
If an employee parks a vehicle in violation of this policy or Chapter 9.38 of the Kent City
Code, the employee may be subject to any or all of the following:
A. Discipline in accordance with Policy No. 2.11;
31
7;22.7:
w¡ll be
n ernployees
32
OFFICE OF THE CITY ATTORNEY
Tom Brubaker, City Attorney
Phone: 253-856-5770
Fax: 253-856-6770
Address: 220 Fourth Avenue S.
Kent, WA. 98032-5895
DATE: March 7, 2017
TO: Operations Committee
FROM: Tom Brubaker, City Attorney
SUBJECT: Water District #111 Franchise - Recommend
MOTION: Recommend the City Council approve an ordinance establishing
a 10-year franchise agreement with King County Water District # 111, and
adjust the general fund budget accordingly.
SUMMARY: Over the past year, the City and the King County Water District #111
have been negotiating this franchise agreement, which is the first ever between the
city and an outside utility. The reasons for this franchise are complex, but recent
case law developments in Washington State have created new issues relating to the
city’s ability to impose a utility tax on the District’s operations within city
boundaries. Until these recent developments, it was generally understood that cities
could not impose a utility tax on special purpose districts. In lieu of imposing a
utility tax, the city and the District have agreed to this franchise arrangement.
This franchise runs for ten years, with the opportunity for one five year extension, if
the parties mutually agree to the extension. The franchise fee is six percent of the
District’s gross revenues. “Gross revenues” is, however, defined and limited in the
franchise to be essentially the same revenue sources the city imposes on its own
water, sewer, and storm utilities. In exchange for this franchise fee payment, the
city further agrees not to impose any utility tax during the franchise term.
The franchise addresses and resolves a number of lesser issues regarding, for
example, street widening and relocation or abandonment of system pipes and other
facilities, but the core reason for this franchise is the payment of the franchise fee
in exchange for the city’s promise not to impose a utility tax.
Exhibits: Franchise ordinance.
Budget Impact: Undetermined, because this is a first-time arrangement, but the
Finance Department has provided a very rough estimate of $200K in additional
annual general fund revenue.
33
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34
1 Franchise -
King County Water District No. 111
ORDINANCE NO.
AN ORDINANCE of the City Council of the
City of Kent, Washington, granting King County
Water District No. 111 a non-exclusive franchise to
construct, maintain, operate, replace and repair a
water system within public rights-of-way of the City
of Kent, and fixing a time when the same shall
become effective.
RECITALS
A. King County Water District No. 111, a Washington special
purpose municipal corporation (“District"), owns water facilities
(“Facilities”) located in the City of Kent, a Washington non-charter
municipal code city ("City"), and a portion of such Facilities are located
within the City right-of-way as hereinafter defined; and
B. RCW 57.08.005 (3) authorizes the District to conduct water
throughout the District and any city and town therein, and construct and
lay facilities along and upon public highways, roads and streets within and
without the District; and
C. RCW 35A.47.040 authorizes the City to grant non-exclusive
franchises for the use of the public streets above or below the surface of
the ground by publicly owned and operated water facilities; and
35
2 Franchise -
King County Water District No. 111
D. the City and the District have prepared a Franchise
Agreement to provide for the operation of District Facilities within the City
right-of-way;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. - Definitions. Where used in this franchise (the
"Franchise") these terms have the following meanings:
A. "City" means the City of Kent, a Washington municipal corporation,
and its respective successors and assigns.
B. "District" means King County Water District No. 111, a Washington
municipal corporation, and its respective successors and assigns.
C. "Facilities" means tanks, reservoirs, water treatment facilities,
meters, pipes, mains, services, valves, blow offs, vaults, fire suppression
water facilities, risers, generators, electrical control panels, power meters,
telephone connections, pressure reducing valves ("PRVs"), pump stations,
meter stations, interties, lines, and all other necessary or convenient
facilities and appurtenances thereto for the purpose of operating a water
utility system, whether the same be located over or under ground.
D. "Franchise Area" means every and all of the public roads, streets,
avenues, alleys, highways and rights-of-way of the City as now or
hereafter laid out, platted, dedicated or improved in District's service area
within the present corporate boundaries of the City, and as such corporate
boundaries may be extended within District's service area by annexation or
otherwise.
36
3 Franchise -
King County Water District No. 111
E. "Ordinance" means this Ordinance No. ________, which sets forth
the terms and conditions of this Franchise.
F. "Party" or "Parties" means the City or the District individually, or
collectively as addressed in this Franchise.
G. "Revenue" means income received by the District from the sale of
metered water to direct retail customers whose connections to the
District's water system are located within the City. Revenue shall not
include: impact or mitigation fees; permit fees and costs; any type of
connection charges, general facilities charges, or local facilities charges;
local improvement district and utility local improvement district
assessments and payments; grants; contributed assets (contributions in
aid of construction); loans; income from legal settlements not related to
water sales to District customers; income from telecommunication leases
or licenses; income from real property or from real property sales; income
from the sale of surplus equipment, tools or vehicles; interest income;
hydraulic modeling fees; water availability document fees and charges;
water system extension agreement fees and charges; income from street
lights; labor, equipment and materials charges; or any other fees and
charges.
SECTION 2. - Franchise.
A. The City does hereby grant to District the right, privilege, authority
and franchise to construct, install, lay, support, attach, maintain, repair,
renew, replace, remove, enlarge, operate and use Facilities in, upon, over,
under, along, through and across open city right-of-ways within the
Franchise Area for purposes of its water utility functions as defined in Title
57 RCW beginning on the Effective Date of this Franchise; provided the
City's grant of the right to use the Franchise Area to the District as
37
4 Franchise -
King County Water District No. 111
provided herein for its Facilities shall not be construed to require the
District to provide such Facilities to the City.
B. Nothing contained in this Ordinance is to be construed as granting
permission to District to go upon any other public place other than those
types of public places specifically designated as the Franchise Area in this
Ordinance. Permission to go upon any other property owned or controlled
by the City must be sought on a case-by-case basis from the City.
C. In addition to the rights granted to the District to undertake and
perform activities within the Franchise Area as provided herein, District
shall have the right to discharge District water supply to and into the City’s
storm water system while performing water system flushing and other
District activities, provided any District water to be discharged to the City’s
storm water system must comply with all applicable federal and state
water quality standards and the City’s NPDES permit relating to the City’s
storm water system.
D. At all times during the term of this Franchise, District shall fully
comply with all applicable federal, state, and local laws and regulations.
SECTION 3. - Non-interference of Facilities.
A. Survey monuments shall not be removed or destroyed without the
District first obtaining the required Department of Natural Resources (DNR)
permit in accordance with RCW 58.09.130 and WAC 332-120-030, and as
such statute and regulation may be modified and amended. All survey
monuments which have been distributed or displaced by such work shall
be restored pursuant to all federal, state and local standards and
specifications. District agrees to promptly complete all restoration work
38
5 Franchise -
King County Water District No. 111
and to promptly repair any damage caused by such work at its sole
expense.
B. If it is determined that the District has failed to restore the right-of-
way in accordance with this Section, the City shall provide the District with
written notice, which shall include a description of actions the City believes
necessary to restore the right-of-way. If the right-of-way is not restored in
accordance with the City's notice within fifteen (15) days of that notice, or
such longer period as may be specified in the notice, the City, or its
authorized agent, may restore the right-of-way and District shall be
responsible for all reasonable costs and expenses incurred by the City in
restoring the right-of-way in accordance with this Section. The rights
granted to the City under this Section shall be in addition to those
otherwise provided by this Franchise.
SECTION 4. - Relocation of Facilities.
A. Subject to each party’s prior and consistent compliance with the
Section 6 Planning Coordination requirements below, whenever the City
causes the grading or widening of the Franchise Area or undertakes
construction of storm drainage lines, lighting, signalization, sidewalk
improvement, pedestrian amenities, or other public street improvements
(for purposes other than those described in Section 4(D) below) and such
project requires the relocation of the District's then existing Facilities
within the Franchise Area, the City shall:
(1) Pursuant to RCW 35.21.905, or as amended, consult with the
District in the predesign phase of any such project; and
(2) After receipt of written notice from the City, the District shall
design and relocate such Facilities within the Franchise Area within ninety
39
6 Franchise -
King County Water District No. 111
(90) days for a smaller project and two hundred forty (240) days for a
larger project to accommodate the City project, unless the Parties agree
on a different time; in any event, the City and the District will, in good
faith, use their best efforts to coordinate their project schedules to avoid
delay to the City’s project. A smaller project could be adjusting, at
minimal time and cost, a water service line or a meter to a new grade or
location, relocation of a valve box, relocation or extension of a fire
hydrant, or relocation of an air vac assembly or blow off. Notwithstanding
the above, the District may, at any time within thirty (30) calendar days
after receipt of written notice requesting the relocation of its Facilities,
submit to the City written alternatives to such relocations. The City shall
within a reasonable time evaluate such alternatives and advise the District
in writing whether one or more of the alternatives is suitable to
accommodate work that would otherwise necessitate relocation of the
Facilities. If so requested by the City, District shall submit such additional
information as is necessary to assist the City in making such evaluation.
The City shall give each alternative full and fair consideration. In the
event the City reasonably determines there is no other reasonable or
feasible alternative, the City shall provide the District with further written
notice to that effect. In that event, the City shall provide the District with
conceptual plans and specifications for the City project and the District
shall then relocate its Facilities by the date so established.
(3) Coordinate and work with the District to minimize conflicts
between existing Facilities and the public improvements where possible,
and to avoid having the District relocate its Facilities whenever possible.
B. If a city project causes the relocation of District Facilities, the cost of
relocating such Facilities existing within the Franchise Area shall be paid as
follows:
40
7 Franchise -
King County Water District No. 111
(1) If the relocation occurs within ten (10) years after the District
initially constructed such Facility at the District’s cost, then the City shall
pay fifty percent (50%) of the cost of such relocation and the District shall
pay the remaining fifty percent (50%);
(2) If the relocation occurs more than ten (10) years after the
District initially constructed such Facility, then the relocation shall be at the
District's sole cost.
C. Whenever any person or entity, other than the City, requires the
relocation of District Facilities to accommodate the work of such person or
entity within the Franchise Area, or whenever the City requires the
relocation of District Facilities within the Franchise Area for the benefit of
any person or entity other than the City or the Washington State
Department of Transportation, then District shall have the right as a pre-
condition of such relocation to require such person or entity to:
(1) Make payment to District at a time and upon terms
acceptable to the District for any and all costs and expense incurred by the
District in the relocation of District Facilities; and
(2) Protect, defend, indemnify and save the District harmless
from any and all claims and demands made against it on account of injury
or damage to the person or property of another arising out of or in
conjunction with the relocation of District Facilities, to the extent such
injury or damage is caused by the negligence or willful misconduct of the
person or entity requesting the relocation of District Facilities or other
negligence or willful misconduct of the agents, servants or employees of
the person or entity requesting the relocation of District Facilities.
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D. This Section 4 shall govern all relocations of District's Facilities
required in accordance with this Franchise. Any cost or expense in
connection with the location or relocation of any Facilities existing under
benefit of easement or other right not in the Franchise Area shall be borne
by the City, provided the City obtains the District's prior consent to such
location or relocation.
E. For the purpose of this Section 4, a project or improvement is
considered to be caused by the City (as described in Section 4(A) above) if
it is permitted by the City and both of the following conditions exist:
(1) The City is the lead agency for the project or improvement,
and
(2) The City is responsible for the majority of the overall costs of
the improvement or project, which, if applicable, includes any grant money
received by the City from any federal or state agency but shall not include
any funds received by the City from third parties such as developer
assessments, impact fees, contributions in aid of construction, and
contributions in lieu of construction.
F. If a City project requires the relocation of then existing Facilities
within the Franchise Area as provided in this Section 4, the District and the
City may agree to include the relocation of any Facilities as required as
part of the City’s public works project under terms and conditions agreed
between the City and the District.
SECTION 5. - Right-of-Way Management.
A. Excavation. Whenever the District excavates in any right-of-way for
the purpose of installation, construction, operation, maintenance, repair or
relocation of its Facilities, it shall apply to the City for a permit to do so in
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accordance with the ordinances and regulations of the City requiring
permits to operate in City right-of-way. No District work shall commence
within any City right-of-way without a permit, except as otherwise
provided in this Franchise and applicable City Ordinance.
B. Restoration after Construction. The District shall, after any
installation, construction, relocation, operation, maintenance or repair of
Facilities within the Franchise Area, restore the right-of-way as nearly as
reasonably possible to its condition prior to any such work. The District
agrees to promptly complete all restoration work and to promptly repair
any damage to the right-of-way caused by such work at its sole cost and
expense. If it is determined the District has failed to restore the right-of-
way in accordance with this Franchise and other applicable City
regulations, the City shall provide the District with written notice including
a description of the actions the City believes necessary to restore the
right-of-way.
C. Bonding Requirement. The District, as a public agency, shall not be
required to comply with the City's standard bonding requirement for
working in the City's right-of-way.
D. Emergency Work, Permit Waiver. In the event of an emergency
where any District Facilities located in the right-of-way are broken or
damaged, or if the District's construction area for the District's Facilities is
in a condition as to place health or safety of any person or property in
imminent danger, the District shall immediately take any necessary
emergency measures to repair, replace or remove its Facilities without first
applying for and obtaining a permit as required by this Franchise; provided
the District shall notify the City as soon as reasonably possible relative to
such emergency activity and shall immediately obtain a permit for such
activity if required by this Franchise or City Ordinance.
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E. City Work Zones. The District shall not be required to obtain a City
right-of-way permit to undertake utility work when the City and the District
by separate agreement are jointly undertaking a project in the Franchise
Area and the District work is located within the City "work zone" for which
the City has already approved a traffic control, pedestrian safety or other
applicable plans.
F. Complete Right-of-Way Permit Applications. If the District is
required to obtain a City right-of-way permit to undertake utility work
within City right-of-way, the City shall issue a permit as soon as
reasonably possible and will use its best efforts to issue the permit within
ten (10) business days of receiving a complete application for such permit
from the District.
G. City Invoices. The City shall invoice the District for all City fees
and charges relating to the issuance of any City right-of-way permit to the
District, including inspection fees and charges, on a monthly basis, and the
City’s final fees and charges within thirty (30) days of the completion of
any District work in City right-of-way subject to a City permit, and the
City’s final acceptance of any such District work.
SECTION 6. - Planning Coordination.
A. The Parties agree to participate in the development of, and
reasonable updates to, the other Party's planning documents to the extent
they apply to the District’s service area within the City limits as follows:
(1) Each Party will participate in a cooperative effort to develop
their respective Comprehensive Plan Utilities Elements that meet the
requirements described in RCW 36.70A.070 (4).
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(2) Each Party will participate in a cooperative effort with the
other Party to ensure that the Utilities Elements of their Comprehensive
Plans are accurate as they relate to their operations and are updated to
ensure continued relevance at reasonable intervals.
(3) Each Party shall submit information related to the general
location, proposed location, and capacity of all existing and proposed
Facilities as requested by the other Party within a reasonable time, not
exceeding sixty (60) days from receipt of a written request for such
information, provided that such information is in the non-requesting
Party’s possession, or can be reasonably developed from the information in
the non-requesting Party’s possession.
(4) Each Party will provide information relevant to their
operations within a reasonable period of written request to assist the other
Party in the development or update of their respective Comprehensive
Plan(s), provided that such information is in the non-requesting Party’s
possession, or can be reasonably developed from the information in the
non-requesting Party’s possession.
B. District and City shall each assign a representative whose
responsibility shall be to coordinate planning for capital improvement plan
projects including those that involve undergrounding. At a minimum, such
coordination shall include:
(1) For the purpose of planning, the District and the City shall
provide each other with a copy of their respective current adopted Capital
Improvement Plan annually and upon request by the other Party.
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(2) By February 1st of each year, District shall provide the City
with a schedule of the District's planned capital improvements which may
affect the rights-of-way for that year.
(3) By February 1st of each year, City shall provide the District
with a schedule of City's planned capital improvements which may affect
the rights-of-way for that year including but not limited to street overlays
and repairs, storm drainage improvements and construction, and all other
rights-of-way activities that could affect District capital improvements and
infrastructure.
(4) The District shall meet with the City, and other franchisees
and users of the right-of-way, as necessary, to schedule and coordinate
construction activities.
(5) All construction locations, activities, and schedules should be
coordinated to minimize public inconvenience, disruption or damages.
(6) The City and the District agree to cooperate in the planning
and implementation of emergency operations response procedures.
(7) Without charge to either Party, both Parties agree to provide
each other with as-built plans, maps and records in electronic format as
available that show the location of its facilities within rights-of-way.
SECTION 7. - Indemnification.
A. District shall indemnify, defend and hold the City, its agents,
officers, employees, volunteers and assigns harmless from and against any
and all claims, demands, liability, loss, cost, damage or expense of any
nature whatsoever, including all costs and attorney's fees, made against
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them on account of injury, sickness, death or damage to persons or
property which is caused by or arises out of, in whole or in part, the willful,
tortious or negligent acts, failures and/or omissions of District or its
agents, servants, employees, contractors, subcontractors or assigns in
exercising the rights granted District in this Franchise; provided, however,
such indemnification shall not extend to injury or damage to the extent
caused by the negligence or willful misconduct of the City, its agents,
officers, employees, volunteers or assigns.
B. City shall indemnify, defend and hold the District, its agents,
officers, employees, volunteers and assigns harmless from and against any
and all claims, demands, liability, loss, cost, damage or expense of any
nature whatsoever, including all costs and attorney's fees, made against
them on account of injury, sickness, death or damage to persons or
property which is caused by or arises out of, in whole or in part, the willful,
tortious or negligent acts, failures and/or omissions of City or its agents,
servants, employees, contractors, subcontractors or assigns in exercising
the rights granted City in this Franchise; provided, however, such
indemnification shall not extend to injury or damage to the extent caused
by the negligence or willful misconduct of the District, its agents, officers,
employees, volunteers or assigns.
C. In the event any such claim or demand be presented to or filed with
the District or the City arising out of or relating to the acts or omissions in
whole or in part of the other Party, the Party shall promptly notify the
other Party thereof, and the notified Party shall have the right, at its
election and at its sole cost and expense, to settle and compromise such
claim or demand.
D. Should a court of competent jurisdiction determine that this
Franchise is subject to RCW 4.24.115, then, in the event of liability for
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damages arising out of bodily injury to persons or damages to property
caused by or resulting from the concurrent negligence of City and District,
their officers, employees and agents, District's liability hereunder shall be
only to the extent of District's negligence. It is further specifically and
expressly understood that the indemnification provided herein constitutes
the parties' waiver of immunity under Industrial Insurance, Title 51 RCW,
solely for the purposes of this indemnification.
SECTION 8. - Default. If the District fails to comply with any of the
provisions of this Franchise, unless otherwise provided for herein, the City
may serve upon the District a written order to so comply within thirty (30)
days from the date such order is received by the District. If the District is
not in compliance with this Franchise after expiration of said thirty (30)
day period, the City may act to remedy the violation and may charge the
costs and expenses of such action to District. The City may act without
the thirty (30) day notice in case of an emergency.
SECTION 9. - Non-exclusive Franchise. This Franchise is not and
shall not be deemed to be an exclusive Franchise. This Franchise shall not
in any manner prohibit the City from granting other and further franchises
over, upon, and along the Franchise Area, which do not interfere with
District's rights under this Franchise. This Franchise shall not prohibit or
prevent the City from using the Franchise Area or affect the jurisdiction of
the City over the same or any part thereof.
SECTION 10. - Franchise Term. This Franchise shall have a term
of ten (10) years from its Effective Date as defined in Section 31 herein;
provided, this Franchise shall be automatically extended for one additional
five (5) year period unless either Party at least one hundred eighty (180)
days prior to the termination date of the Franchise provides written notice
to the other Party of its intent to terminate the Franchise at the end of the
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Franchise term; provided, at the end of the five (5) year term, this
Franchise shall be automatically extended for successive one (1) year
periods unless either Party at least one hundred twenty (120) prior to the
termination date of any one (1) year extension provides written notice to
the other Party of its intent to terminate the Franchise at the end of the
then current Franchise term.
SECTION 11. - Non-assumption. In consideration of the District's
payment of the Franchise Fee to the City as provided in Section 12 herein,
and the District's acceptance of the other terms and conditions of this
Franchise, the City agrees not to exercise and to forbear its statutory
authority pursuant to chapter 35.13A RCW or other statutes to attempt to
assume jurisdiction over all or part of the District or any District
responsibilities, property, facilities, equipment or utility customers located
within or without the City's corporate limits during the term of this
Franchise. The City's agreement and forbearance includes not facilitating
or cooperating with any other city or town to attempt pursuant to RCW
35.13A.060 or as such statute may be amended or superseded to assume
jurisdiction over the District or any District responsibilities, property,
facilities, equipment or utility customers located within or without the
City's corporate limits during the term of this Franchise.
SECTION 12. - Franchise Fee.
A. In consideration of the rights granted the District under this
Franchise, the District shall pay to the City a franchise fee (“Franchise
Fee”) in the amount of six percent (6.0%) of the District's Revenue
beginning the first day of the first calendar quarter occurring at least sixty
(60) days after the Effective Date of this Franchise, subject to the
provisions of Section 12(B) herein.
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B. Franchise Fees shall be paid to the City in quarterly installments.
Franchise Fee payments for each calendar quarter or portion thereof shall
be due thirty (30) days following the end of the calendar quarter (quarters
ending at the end of March, June, September and December).
C. Should the District be prevented by judicial or legislative action from
paying any or all of the Franchise Fees, the District shall be excused from
paying that portion of the Franchise Fee and this Franchise agreement will
immediately terminate, unless the Parties otherwise agree.
D. In consideration of the District's payment of a Franchise Fee to the
City as provided in Section 12 herein, and the District's acceptance of the
other terms and conditions of this Franchise, the City agrees not to
exercise and to forbear any legal authority it may have to impose a utility,
business and occupation tax, public utility tax, privilege tax, excise tax or
any other tax (collectively, "Excise Tax") upon the District based on the
District's revenues, gross receipts, or gross income during the term of this
Franchise. However, if a court of competent jurisdiction determines the
City may not agree to forbear its statutory authority to impose an Excise
Tax upon the District based on the District's revenues, gross receipts, or
gross income during the term of this Franchise, or to limit any such Excise
Tax on the District’s revenues, gross receipts, or gross income, the District
shall have the right and option, at its sole election, to (1) terminate this
Franchise and the payment of Franchise Fees to the City, and if the City
determines to impose an Excise Tax on the District, the District shall have
the right to bring an action to challenge the legal validity of any such
Excise Tax, or (2) if the Parties mutually agree, elect not to terminate this
Franchise and the District may agree to pay any such Excise Tax, provided
the District’s Franchise Fees herein to the City shall be credited against any
such Excise Tax the City may impose.
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E. In consideration of the District’s payment of a Franchise Fee to the
City as provided herein, and the District’s acceptance of the other terms
and conditions of this Franchise, the City agrees not to exercise and to
forbear any legal authority it may have to impose compensation or a rental
fee (collectively, “Rental Fee”) upon the District for the District’s use of the
Franchise Area as provided for herein.
F. The District shall have the right to recover the Franchise Fee from
the District's ratepayers residing within the City and may identify the
Franchise Fee as a separate billing item on utility customer billings by
using the following line item:
“Effect of City of Kent Franchise Fee: $X.xx”
SECTION 13. - Compliance with Codes and Regulations.
A. The rights, privileges and authority herein granted are subject to
and governed by this ordinance and all other applicable City ordinances
and codes, as they now exist or may hereafter be amended, provided the
City shall not unreasonably affect or modify any portion of this Franchise
without District's written approval. Nothing in this ordinance limits the
City's lawful power to exercise its police power to protect the safety and
welfare of the general public. Any location, relocation, erection or
excavation by District shall be performed by District in accordance with
applicable federal, state and City rules and regulations, including the City
public works policies and pre-approved plans, and any required permits,
licenses or regulatory fees, and applicable safety standards then in effect
or any Memorandum of Understanding with District.
B. If any territory served by District is annexed to the City after the
Effective Date of this Franchise, this Franchise shall be deemed to be the
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new agreement required to be granted to a franchisee in annexed territory
by RCW 35A.14.900 for whatever period of time is then remaining under
this Franchise for the Franchise Area, unless a longer time period is
required by that statute. Such territory shall then be governed by the
terms and conditions contained herein upon the effective date of such
annexation. The first Franchise Fee for any annexed area shall be
calculated pro rata from the effective date of the annexation to the end of
the next calendar quarter and paid to the City at the same time as the fee
for the Franchise Area is paid for that quarter.
SECTION 14. - Location of Facilities and Equipment. With the
exception of components that are traditionally installed above ground such
as fire hydrants, blow offs, vault lids, risers, pump stations, generators,
electrical control panels, power meters, telephone connections, automated
reading equipment and appurtenances, and utility markers, all Facilities
and equipment to be installed within the Franchise Area shall be installed
underground; provided, however, that such Facilities may be installed
above ground if so authorized by the City, which authorization shall not be
unreasonably withheld, conditioned or delayed, consistent with the
provisions of the City's land use and zoning code and applicable
development pre-approved plans.
SECTION 15. - Record of Installations and Service. With respect
to excavations by District and the City within the Franchise Area, District
and the City shall each comply with its respective obligations pursuant to
chapter 19.122 RCW, and as such statute may be modified and amended,
and any other applicable state law.
Upon written request of the City, District shall provide the City with the
most recent update available of any plan of potential improvements to its
Facilities within the Franchise Area; provided, however, any such plan so
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submitted shall only be for informational purposes within the Franchise
Area, nor shall such plan be construed as a proposal to undertake any
specific improvements within the Franchise Area.
Upon written request of District, the City shall provide District with the
most recent update available of any plan of potential improvements to its
improvements located within the Franchise Area; provided, however, any
such plan so submitted shall only be for informational purposes within the
Franchise Area, nor shall such plan be construed as a proposal to
undertake any specific improvements within the Franchise Area.
As-built drawings of the location of any Facilities placed by District in the
Franchise Area, shall be made available to the City within ten (10) working
days of request.
SECTION 16. - Shared Use of Excavations.
A. District and the City shall exercise best efforts to coordinate
construction work that either Party may undertake within the Franchise
Area so as to promote the orderly and expeditious performance and
completion of such work as a whole. Such efforts shall include, at a
minimum, reasonable and diligent efforts to keep the other Party and other
utilities within the Franchise Areas informed of its intent to undertake such
construction work. District and the City shall further exercise best efforts
to minimize any delay or hindrance to any construction work undertaken
by themselves or other utilities within the Franchise Area.
B. If at any time, or from time to time, either District, the City, or
another franchisee, shall cause excavations to be made within the
Franchise Area, the Party causing such excavation to be made shall afford
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the others, upon receipt of a written request to do so, an opportunity to
use such excavation, provided that:
(1) No statutes, laws, regulations, ordinances or District policies
prohibit or restrict the proximity of other utilities or facilities to District's
Facilities installed or to be installed within the area to be excavated;
(2) Such joint use shall not unreasonably delay the work of the
Party causing the excavation to be made;
(3) Such joint use shall be arranged and accomplished on terms
and conditions satisfactory to both Parties. The Parties shall each
cooperate with other utilities in the Franchise Area to minimize hindrance
or delay in construction.
SECTION 17. - Insurance. District shall maintain in full force and
effect throughout the term of this Franchise, a minimum of Two Million
Dollars ($2,000,000.00) liability insurance for property damage and bodily
injury. In satisfying the insurance requirement set forth in this Section,
District may self-insure against such risks in such amounts as are
consistent with good utility practice. Upon request, the District shall
provide the City with sufficient written evidence, as determined by the City
in its reasonable discretion, that such insurance (or self-insurance) is being
so maintained by District. Such written evidence shall include, to the
extent available from District's insurance carrier, a written certificate of
insurance with respect to any insurance maintained by District in
compliance with this Section.
SECTION 18. - Abandonment and/or Removal of District Facilities.
The Parties agree that the standard practice will be to abandon
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underground District Facilities in-place whenever practical, subject to the
following conditions:
(1) The District shall continue to own and be responsible for any
such facilities abandoned within the Franchise Area.
(2) The City shall have the right to require the District to remove
any Facilities abandoned within the Franchise Area if the City reasonably
determines the removal of the abandoned Facility is required to facilitate
the construction or installation of a City project within the Franchise Area
and the City determines there is no other reasonable or feasible alternative
to the removal of the Facility. The City will make reasonable efforts to
avoid conflicts with abandoned Facilities whenever possible, however,
whenever a conflict cannot be resolved except by removal from the right-
of-way of previously abandoned District Facilities, then the District shall, at
the District's expense, remove such abandoned Facilities by their own
forces or by participating in the City’s public works project. When
necessary, removal of abandoned Facilities shall be limited to the area of
direct conflict. In removing such material, the District shall conform to all
local, state, and federal regulations applicable to asbestos abatement,
when applicable.
(3) Within ten working days (10) of the District’s permanent
cessation of use of any of its Facilities as determined by the District, or any
portion thereof, the District shall provide the City with as-built record
drawings showing the location of the Facilities to be abandoned. If the
facilities to be abandoned include asbestos pipe, the District will, in good
faith, use its best efforts to provide as-built drawings locating the asbestos
pipe or, if unable to provide as-built drawings, will provide the most
complete and accurate drawings the District can make available to provide
adequate notice of the location of all abandoned asbestos pipe.
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(4) District Facilities that are abandoned in-place shall be
abandoned pursuant to City Standards, to the satisfaction of the Public
Works Director.
(5) The Parties expressly agree that this section shall survive the
expiration, revocation or termination of this Franchise, unless modified by
separate agreement.
SECTION 19. - Vacation of Franchise Area. If the City determines
to vacate any right-of-way which is part of the Franchise Area where
District Facilities are located or maintained, any ordinance vacating such
right-of-way shall provide and condition such vacation on the District
obtaining, at no cost to the District, a permanent easement at least fifteen
(15) feet wide in such vacated right-of-way for the construction, operation,
maintenance, repair and replacement of its Facilities located and to be
located in such vacated right-of-way.
SECTION 20. Assignment. All of the provisions, conditions, and
requirements herein contained shall be binding upon the District, and no
right, privilege, license or authorization granted to the District hereunder
may be assigned or otherwise transferred without the prior written
authorization and approval of the City, which the City may not
unreasonably withhold, condition or delay, provided that a merger or
consolidation of District with or into another Title 57 water-sewer district
shall not be considered an assignment for the purposes of this provision
and shall not be subject to the City's approval.
SECTION 21. - Notice. Unless applicable law requires a different
method of giving notice, any and all notices, demands or other
communications required or desired to be given hereunder by any Party
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(collectively, "notices") shall be in writing and shall be validly given or
made to another Party if delivered either personally or by Federal Express
or other overnight delivery service of recognized standing, or if deposited
in the United States Mail, certified, registered, or express mail with
postage prepaid, or if sent by e-mail with electronic confirmation. If such
notice is personally delivered, it shall be conclusively deemed given at the
time of such delivery. If such notice is delivered by Federal Express or
other overnight delivery service of recognized standing, it shall be deemed
given one (1) business day after the deposit thereof with such delivery
service. If such notice is mailed as provided herein, such shall be deemed
given three (3) business days after the deposit thereof in the United States
Mail. If such notice is sent by email, it shall be deemed given at the time
of the sender's receipt of electronic confirmation. Each such notice shall
be deemed given only if properly addressed to the Party to whom such
notice is to be given as follows:
To City:
City Clerk
City of Kent
220 Fourth Avenue South
Kent, WA 98032
Phone: (253) 856-5700
Fax: (253) 856-6700
To District :
General Manager
King County Water District No. 111
27224 144th S.E.
Kent, WA 98042
Phone: (253) 631-3770
Fax: (253) 631-8072
Any Party may change its address for the purpose of receiving notices as
herein provided by a written notice given in the manner required by this
Section to the other Party.
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SECTION 22. - Non-Waiver. The failure of either Party to enforce
any breach or violation by the other Party or any provision of this
Franchise shall not be deemed to be a waiver or a continuing waiver by the
non-breaching Party of any subsequent breach or violation of the same or
any other provision of this Franchise.
SECTION 23. - Alternate Dispute Resolution. If the Parties are
unable to resolve disputes arising from the terms of this Franchise, prior to
resorting to a court of competent jurisdiction, the Parties shall submit the
dispute to mediation or other non-binding alternate dispute resolution
process agreed to by the Parties. Unless otherwise agreed upon between
the Parties or determined herein, the cost of that process shall be shared
equally by the Parties.
SECTION 24. - Governing Law/Venue. This Franchise shall be
governed by the laws of the State of Washington. Any suit to enforce or
relating to this Agreement shall only be filed in King County Superior
Court, King County, Washington.
SECTION 25. - Entire Agreement. This Franchise constitutes the
entire understanding and agreement between the parties as to the subject
matter herein and no other agreements or understandings, written or
otherwise, shall be binding upon the parties upon execution and
acceptance hereof. This Franchise shall supersede, rescind and cancel any
prior franchise granted by the City to the District, including such franchise
granted by City Ordinance No. 3447.
SECTION 26. - Amendment. This Franchise may be amended only
by written instrument, signed by both Parties, which specifically states that
it is an amendment to this Franchise, and is approved and executed in
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accordance with the laws of the State of Washington. Without limiting the
generality of the foregoing, this Franchise (including, without limitation,
Section 7 “Indemnity” above) shall govern and supersede and shall not be
changed, modified, deleted, added to, supplemented or otherwise
amended by any permit, approval, license, agreement or other document
required by or obtained from the City in conjunction with the exercise (or
failure to exercise) by District of any and all rights, benefits, privileges,
obligations, or duties in and under this Franchise, unless such permit,
approval, license, agreement or document specifically:
(1) References this Franchise; and
(2) States that it supersedes this Franchise to the extent it
contains terms and conditions which change, modify, delete, add to,
supplement or otherwise amend the terms and conditions of this
Franchise.
In the event of any conflict or inconsistency between the provisions of this
Franchise and the provisions of any such permit, approval, license,
agreement or other document that does not comply with Subsections (1)
and (2) referenced immediately above, the provisions of this Franchise
shall control.
SECTION 27. - Directions to City Clerk. The City Clerk is hereby
authorized and directed to forward certified copies of this ordinance to the
District as set forth in this ordinance. The District shall have thirty (30)
days from the receipt of the certified copy of this ordinance to accept in
writing the terms of the Franchise granted to the District by this ordinance
and file with the City Clerk the executed statement of Acceptance of
Franchise, attached hereto as Exhibit “A” and incorporated herein by this
reference.
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26 Franchise -
King County Water District No. 111
SECTION 28. - District Acceptance of Franchise. District shall have
no rights under this Franchise nor shall District be bound by the terms and
conditions of this Franchise unless District shall, within thirty (30) days
after the effective date of the ordinance, file with the City its written
acceptance of this Franchise.
SECTION 29. - Effective Date of Franchise. The terms and
conditions of this ordinance shall not be binding on the City and the District
unless the District Board of Commissioners within thirty (30) days of the
effective date of this ordinance adopts a resolution accepting this
Franchise, and the date of the adoption of such resolution by the District
Board of Commissioners shall be the effective date ("Effective Date") of
the Franchise.
SECTION 30. – Severability. If any one or more section,
subsection, or sentence of this franchise is held to be unconstitutional or
invalid, such decision shall not affect the validity of the remaining portion
of this franchise and the same shall remain in full force and effect.
SECTION 31. – Corrections by City Clerk or Code Reviser. Upon
approval of the city attorney, the city clerk and the code reviser are
authorized to make necessary corrections to this ordinance, including the
correction of clerical errors; ordinance, section, or subsection numbering;
or references to other local, state, or federal laws, codes, rules, or
regulations.
//
//
//
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27 Franchise -
King County Water District No. 111
SECTION 32. - Effective Date of Ordinance. This ordinance shall
take effect and be in force five (5) days after its publication, as provided
by law.
SUZETTE COOKE, MAYOR
ATTEST:
KIMBERLEY A. KOMOTO, CITY CLERK
APPROVED AS TO FORM:
TOM BRUBAKER, CITY ATTORNEY
PASSED: day of , 2017.
APPROVED: day of , 2017.
PUBLISHED: day of , 2017.
I hereby certify that this is a true copy of Ordinance No.
passed by the City Council of the City of Kent, Washington, and approved
by the Mayor of the City of Kent as hereon indicated.
(SEAL)
KIMBERLEY A. KOMOTO, CITY CLERK
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28 Franchise -
King County Water District No. 111
ACCEPTANCE OF FRANCHISE
The undersigned authorized representative of King County Water
District No. 111 (District) hereby declares on the District’s behalf the
District’s acceptance of the nonexclusive franchise to King County Water
District No. 111 approved by the City of Kent City Council on
____________, ___________, 2017, by the adoption of City of Kent
Ordinance No. ______.
DATED this ______ day of ________________, 2017.
King County Water District No. 111
By: ______________________________
Its: ______________________________
62
FINANCE DEPARTMENT
Aaron BeMiller, Director
Phone: 253-856-5260
Fax: 253-856-6255
Address: 220 Fourth Avenue S.
Kent, WA. 98032-5895
DATE: March 7, 2017
TO: Operations Committee
FROM: Aaron BeMiller, Director
SUBJECT: Interlocal Agreement with King County for Animal Services -
Recommend
MOTION: Move to recommend council authorize the mayor to sign the
interlocal agreement with King County for animal services beginning
January 1st, 2018 through December 31st, 2022, so long as the number of
participants does not decrease, subject to terms and conditions acceptable
to the finance director and city attorney.
SUMMARY: As part of the Regional Animal Services of King County Coalition
(RASKC), the contracting cities are customers of the Animal Services Program
provided by the county and partners in making regional animal services work
effectively. The term of the new Interlocal Agreement is five years and will take
effect on January 1, 2018 and, unless extended, will remain in effect until
December 31, 2022. The contract calls for automatic renewal for a second five year
term as long a certain conditions are met.
BUDGET IMPACT: 2018 Estimated Payment Calculation for the City of Kent is
$363,000 and is budgeted in the General Fund.
BACKGROUND: Currently, RASKC includes 25 contracting cities and
unincorporated King County. In 2018 RASKC will include 24 contracting cities along
with unincorporated King County.
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64
Records and Licensing Services
Department of Executive Services
January 30, 2017 DRAFT
Regional Animal Services of King County (RASKC)
Joint City-County Collaboration Committee
2018-2022 Inter-local Agreement
The Joint City-County Collaboration Committee has reached agreement on a five-year Inter-local Agreement (2018-2022),
for King County to provide Animal Services to city partners. This Inter-local Agreement will be a successor agreement to
the current two year extension (2016-2017) of a three–year contract which began in 2013, and was effective through
2015.
Key Elements and Changes:
Services, service levels and service districts to remain the same
Cost allocation methodology for Control Services will be changed to reflect a single cost pool (rather than one
cost pool per district) and will align with the existing methodology for both Shelter and Licensing Services (80%
based on service usage, 20% based on jurisdiction population; Note: usage is to be based on a 3 year rolling
average)
5 year term (effective January 1, 2018 – through December 31, 2022)
Additional five year automatic extension; Opt out of automatic extension by providing notice by June 30, 2021
Limited Re-Opener upon Notice of Termination, if any city or cities opts out of the second term, and the resulting
cost impact to any remaining party is not estimated to exceed 10%, the Agreement shall automatically extend for
a second five year term, to December 31, 2027 subject to agreement adjusting the ILA as necessary based on
parties departing the system.
Latecomers, allowed prior to the termination or expiration of Agreement, but only if the additional party will not
cause an increase to any City’s net costs payable to the County or decrease in service levels provided under this
Agreement.
Retain Shelter Credits (reallocate annually based on 3-year average of intakes), retain Transition Credits, -
Eliminated Licensing support credits. For cities receiving credits, any refunds resulting from an increase in
revenue shall be used to first offset the Shelter Credit and/or Transition Credit. The County retains the right to
conduct additional marketing efforts, including pet license canvassing, in jurisdictions receiving credits.
Jurisdiction revenue in excess of jurisdictions costs – will be used to reduce regional model support expenses that
are now County General Fund expenses that are not charged to model.
Note: Kirkland has informed the County of their intent to depart the regional model at the end of the current term (2017).
King County is proposing to eliminate approximately 50% ($140k) of the overall cost impact (of Kirkland departing the
model) by making program cost reductions that will not impact service levels. The remaining cost impact will be shared
among all parties. Additional reductions would result in service impacts, which was not desirable to either city or county
participants in the discussions.
Process/Timeline:
January 2017 Cities and County meet; finalize cost allocation and contract
changes based on cities providing non-binding intent to contract
By March 30, 2017 Cities provide notice to County of final intent to contract
By June 1, 2017 City Councils approve contract
Attachment A: Summary of key provisions & changes from current ILA
Attachment B: District map and city list
Attachment C: Draft 2018 Estimated Payment Calculation
Attachment D: Benefits of Regional System
Attachment E: Draft RASKC PowerPoint – Briefing
Attachment F: Appendix – Proposed RASKC 2018-2022 ILA – Tracked Changes version
Attachment G: Appendix – Proposed RASKC 2018-2022 ILA – Accepted Changes version
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Document Dated 2-1-17 1
2018 Regional Animal Services
Interlocal Agreement
This AGREEMENT is made and entered into effective as of this 1st day of January,
2018, by and between KING COUNTY, a Washington municipal corporation and legal
subdivision of the State of Washington (the “County”) and the City of ________________,
a Washington municipal corporation (the “City”).
WHEREAS, the provision of animal control, sheltering and licensing services
protects public health 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
access for the public; and
WHEREAS, the Contracting Cities are partners in making regional animal services
work effectively, and are customers of the Animal Services Program provided by the
County; and
WHEREAS, the City and the County are parties to a 2010 Animal Services Interlocal
Agreement which, as extended, will terminate on December 31, 2017 (the “2010
Agreement”); and
WHEREAS, nothing in this Agreement is intended to alter the provision of service
or manner and timing of compensation and reconciliation specified in the 2010 Agreement
for services provided through December 31, 2017; 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
NOW THEREFORE, in consideration of the promises, covenants and agreements
contained in this Agreement, the parties agree as follows:
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Document Dated 2-1-17 2
1. Definitions. Unless the context clearly shows another usage is intended, the
following terms shall have these meanings in this Agreement:
a. “Agreement” means this 2018 Animal Services Interlocal Agreement,
including any and all Exhibits hereto. Unless the context clearly indicates
otherwise, the term “Agreement” is intended to reference all 2018 Animal
Services Interlocal Agreements by and between the County and other
Contracting Cities.
b. “Animal Services” means Control Services, Shelter Services and Licensing
Services combined, as these services are described in Exhibit A.
Collectively, “Animal Services” are sometimes referred to herein as the
“Program.”
c. “Contracting Cities” means all cities, including Latecomer Cities, that are
parties to an Agreement.
d. “Contracting Parties” means all Contracting Cities and the County.
e. “Control District” means one of the three geographic areas delineated in
Exhibit B for the provision of Animal Control Services.
f. “Enhanced Control Services” are additional Control Services that the City
may purchase under certain terms and conditions as described in Exhibit E
(the “Enhanced Control Services Contract”).
g. “Enhanced Licensing Support Services” are additional Licensing Support
Services that the City may purchase under certain terms and conditions as
described in Exhibit F (“Enhanced Licensing Support Services”)
h. “Latecomer City” means a city receiving animal services under an
agreement with the County executed after January, 2018, per the conditions
of Section 5.
i. “Parties” means the City and the County.
j. “Service Year” means the calendar year in which Animal Services are or
were provided pursuant to this Agreement.
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Document Dated 2-1-17 3
2. Services Provided. Beginning January 1, 2018, the County will provide the City
with Animal Services described in Exhibit A. The County will perform these
services on behalf of the City, consistent with governing City ordinances adopted in
accordance with Section 3. In providing such Animal Services consistent with
Exhibit A, the County will engage in good faith with the Joint City‐County
Collaboration Committee to develop potential adjustments to field protocols;
provided that, the County shall have sole discretion as to the staffing assigned to
receive and dispatch calls and the manner of handling and responding to calls for
Animal Service. Except as set forth in Section 10 (Indemnification and Hold
Harmless), services to be provided by the County pursuant to this Agreement do
not include services of legal counsel, 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 Exhibit E to the County. Enhanced
Services will be provided subject to the terms and conditions described in
Exhibit E, including but not limited to a determination by the County that it
has the capacity to provide such services.
3. City Obligations.
a. Animal Regulatory Codes Adopted. To the extent it has not already done
so, the City shall promptly enact an ordinance or resolution that includes
license, fee, penalty, enforcement, appeal, impound/ redemption and
sheltering provisions that are substantially the same as those of Title 11
King County Code as now in effect or hereafter amended (hereinafter ʺthe
City Ordinanceʺ). The City shall advise the County of any City animal care
and control provisions that differ from those of the County and of any
amendments to the City Ordinance adopted subsequent to the effective date
of this Agreement.
b. Authorization to Act on Behalf of City. Beginning January 1, 2018, 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 set forth in such laws.
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Document Dated 2-1-17 4
ii. 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 conducted by the King County Hearing
Examiner or the County’s successor administrative appeals body or
officer on behalf of the City unless either the City or the County
determines that the particular matter should be heard by the City.
iv. Nothing in this Agreement is intended to divest the City of authority
to independently undertake such enforcement actions as it deems
appropriate to respond to violations of any 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
mechanisms such as bill inserts or community newsletters) and posting a
weblink to the County’s animal licensing program on the City’s official
website. The City will provide to the County accurate and timely records
regarding all pet license sales processed by the City. All proceeds of such
sales shall be remitted to the County by the City on a monthly basis (no later
than fifteen (15) calendar days from the end of each calendar month) or
more frequently.
4. Term. This Agreement will take effect on January 1, 2018 and, unless extended
pursuant to subparagraphs 4a or 4b, shall remain in effect until December 31, 2022.
a. Automatic Extension. The Agreement shall automatically continue for a
second five year term, until December 31, 2027, unless one or more of the
Contracting Parties provide written notice by June 30, 2021, of their intent to
opt out of a second term. Notice from contracting cities is to be provided in
writing to the County, who will subsequently inform the other city partners,
in writing, within 14 days of the County receiving the written notification.
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Document Dated 2-1-17 5
b. Contingent Extension. If one or more Contracting Cities provides written
notice to the County of its intent to opt out of a second term, the Agreement
shall continue for a second five‐year term, until December 31, 2027, if:
(i) the cost to any remaining party is not estimated to increase by more
than ten percent, based on the Estimated Animal Services Cost
Allocation to the City (the cost allocation before revenue and credit
off‐sets) as noted in the Estimated Payment Calculation that includes
the non‐renewing party, compared to the Estimated Animal Services
Cost Allocation to the City in the Estimated Payment Calculation that
excludes the non‐renewing City; and
(ii) no later than March 1, 2022, the remaining Parties agree in writing
upon terms that substantially carry forward the cost and service levels
in the initial term. If the Parties do not reach agreement on such
revised terms by March 1, 2022, the automatic extension is not
effective, and this Agreement shall terminate at the end of the initial
term.
c. Date References. For purposes of construing date specific rights and
responsibilities of the Parties upon extension of this Agreement for a second
term, references in this Agreement to an initial term date shall mean a date
that is five years later. This subsection is not intended to authorize more
than one five‐year extension period.
d. Termination. Any Contracting Party may, without cause and in its sole
discretion, determine not to renew this Agreement for a second term by
providing written notice of its decision to the other parties no later June 30,
2021. The Agreement may not be terminated for convenience during either
the first or second term. Notice from contracting cities is to be provided in
writing to the County, who will subsequently inform the other city partners,
in writing, within 14 days of the County receiving the written notification.
5. Latecomers. The County may sign an agreement with additional cities for provision
of animal services prior to the termination or expiration of this Agreement, but only
if the later agreement will not cause either a decrease in the level of services
provided to the Cities by the County or an increase in the costs payable by the
Cities to the County under this Agreement. Cities that are party to such
agreements are referred to herein as “Latecomer Cities.”
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Document Dated 2-1-17 6
6. Compensation. The County will develop an Estimated Payment calculation for
each Service Year using the formulas described in Exhibit C, and shall transmit the
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 7 below and
Exhibit D, in order to reconcile the Estimated Payments made by the City in the
prior Service Year. The City will pay the Estimated Payment, and any applicable
Reconciliation Adjustment Amounts as follows (a list of payment‐related notices
and dates is included at Exhibit C‐7):
a. Service Year 2018: The County will provide the City with a calculation of
the Estimated Payment amounts for Service Year 2018 on or before
December 15, 2017, which shall be derived from the Estimated 2018
Payment Amount set forth on Exhibit C‐1, adjusted if necessary based on
the Contracting Cities and other updates to Calendar Year data in Exhibit
C‐2. The City will pay the County the Estimated Payment Amounts for
Service Year 2018 on or before August 15, 2018. The Reconciliation
Adjustment Amount for Service Year 2018 shall be paid by the City, or by
the County if the calculation shows the City is entitled to receive a payment
from the County, on or before August 15, 2019, as described in this section.
b. Service Years after 2018.
i. Estimated Payment Determined by December 15. The Estimated
Payment amounts for the upcoming Service Year will be determined
by the County following adoption of the County’s budget and
applying the formulas in Exhibit C.
ii. Estimated Payments Due August 15. The City will pay the County the
Estimated Payment Amount on or before each August 15.
iii. The Reconciliation Adjustment Amount for the prior Service Year
shall be paid on or before August 15 of the following calendar year, as
described in Section 7.
iv. If a Party fails to pay an Estimated Payment or Reconciliation
Adjustment Amount within 15 days of the date owed, the Party owed
shall notify the owing Party that they have ten (10) days to cure non‐
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Document Dated 2-1-17 7
payment. If the Party fails to cure its nonpayment within this time
period following notice, the amount owed shall accrue interest
thereon at the rate of 1% per month from and after the original due
date and, if the nonpaying Party is the City, the County at its sole
discretion may withhold provision of Animal Services to the City until
all outstanding amounts are paid. If 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.
v. Unless the Parties otherwise direct, payments shall be submitted to
the addresses noted at Section 15.g.
c. Payment Obligation Survives Expiration 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 Year 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, 2022, the Estimated 2022 Payment is
nevertheless due on or before August 15, 2022, and the Reconciliation
Adjustment Amount shall be payable on or before August 15, 2023.
d. The Parties agree the payment and reconciliation formulas in this
Agreement (including all Exhibits) are fair and reasonable.
7. Reconciliation of Estimated Payments and Revenues.
a. In order that the Contracting Parties share costs of the regional Animal
Services Program based on their actual, rather than estimated, licensing
revenues, there will be an annual reconciliation. Specifically, on or before
June 30 of each year, the County will reconcile amounts owed under this
Agreement for the prior Service Year by comparing each Contracting Party’s
Estimated Payments to the amount derived in Exhibit C using actual
revenue data for such Service Period as detailed in Exhibit D. There will
also be an adjustment if necessary to account for annexations of areas with a
population of 2,500 or more and for changes in relative population shares of
Contracting Parties’ attributable to Latecomer Cities. The County will
provide the results of the reconciliation to all Contracting Parties in writing
on or before June 30. The Reconciliation Adjustment Amount will be paid on
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Document Dated 2-1-17 8
or before August 15 of the then current year, regardless of the prior
termination of the Agreement as per Section 5.c.
b. The Parties intend that the provision of Animal Services becomes more
financially sustainable over the term of this Agreement.. The County will
develop proposals designed to support this goal. The County will consult
with the Joint City‐County Collaboration Committee on any proposals to
generate new revenue.
c. The Parties do not intend for the provision of Animal Services or receipt of
such Services under this Agreement to be a profit‐making enterprise. Where
a Contracting Party receives revenues in excess of its costs under this
Agreement (including costs of PAWS (or other animal services provider,)
shelter service, Enhanced Control Service, and Enhanced Licensing Support
Service, if applicable), they will be reinvested in the Program to reduce the
County’s costs of the system that are not included in the allocation to cities
and to improve service delivery.
8. Enhanced Licensing Revenue Support Services
a. A City may request licensing revenue support from the County during the
term of this Agreement by executing Attachment A to Exhibit F. The terms
and conditions under which such enhanced licensing support service will be
provided are further described at Exhibit F. Provision of enhanced licensing
support service during the term of this agreement is subject to the County
determining it has capacity to provide such services. Provision of enhanced
licensing support services is further subject to the Parties executing a
Licensing Support Contract (Exhibit F).
b. In addition to other terms described in Exhibit F, receipt of licensing
revenue support is subject to the recipient City providing in‐kind services,
including but not limited to: assisting in communication with City residents;
publicizing any canvassing efforts the Parties have agreed should be
implemented; assisting in the recruitment of canvassing staff, if applicable;
and providing information to the County to assist in targeting its canvassing
activities, if applicable.
c. The County has the option to implement licensing support services for cities
receiving transition and shelter credits.
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Document Dated 2-1-17 9
9. Mutual Covenants/Independent Contractor. The Parties understand and agree
that the County is acting hereunder as an independent contractor and that:
a. Control of County personnel, standards of performance, discipline, and 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 County contact person for the City regarding all issues arising under
this Agreement, including but not limited to citizen complaints, service
requests and general information on animal control services is the Manager
of Regional Animal Services.
10. Indemnification and Hold Harmless.
a. City Held Harmless. The County shall indemnify and hold harmless the
City and its officers, agents, and employees, or any of them from any and all
claims, actions, suits, liability, loss, costs, expenses, and damages of any
nature whatsoever, by any reason of or arising out of any negligent act or
omission of the County, its officers, agents, and employees, or any of them
relating to or arising out of performing services pursuant to this Agreement.
In the event that any such suit based upon such a claim, action, loss, or
damages 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
participate in said suit if any principle 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. County Held Harmless. 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 arising out of performing services pursuant to this Agreement.
In the event that any suit based upon such a claim, action, loss, or damages
is brought against the County, the City shall defend the same at its sole cost
and expense; provided that the County reserves the right to participate in
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Document Dated 2-1-17 10
said suit if any principle of governmental or public law is involved; and if
final judgment be rendered against the County, 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 Regulations. 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 are either in place at the
time this Agreement takes effect or differ from those of the County; or that
arise 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 administrative 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 fees.
d. Waiver Under Washington Industrial Insurance Act. The foregoing
indemnity is specifically intended to constitute a waiver of each party’s
immunity 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.
11. Dispute Resolution. Whenever any dispute arising among any of the Parties to
this Agreement 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 by the parties within 30 days, which may include binding or
nonbinding decisions or recommendations. The mediator(s) shall be individuals
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 mediation and assume
their own costs.
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Document Dated 2-1-17 11
12. Joint City‐County Collaboration Committee. A committee composed of 3 county
representatives (appointed by the County) and one representative from each
Contracting City that chooses to appoint a representative shall meet upon
reasonable request of a Contracting City or the County, but in no event shall the
Committee meet less than twice each year. Committee members may not be elected
officials. The Committee shall review service, revenue and cost issues and make
recommendations regarding efficiencies and improvements to services and
revenues, and shall review and make recommendations regarding the conduct and
findings of the collaborative initiatives. Subcommittees to focus on individual
initiatives may be formed, each of which shall include membership from both
County and City members of the Joint City‐County Collaboration Committee.
Recommendations of the Joint City‐County Collaboration Committee are non‐
binding. The collaborative initiatives to be explored include, but are not necessarily
limited to:
a. Services provided (as described in Section 2 of this agreement); Control
Services; Shelter Services and Licensing Services;
b. RASKC Revenues and Costs, including any future proposals for significant
revenues to support RASKC.
13. Reporting. The County will provide the City with an electronic report not less
than monthly summarizing call response and Program usage data for each of the
Contracting Cities and the County and the Animal Services Program. The
formatting, content and details of the report will be developed in consultation with
the Joint City‐County Collaboration Committee.
14. Amendments. Any amendments to this Agreement must be in writing. This
Agreement shall be deemed to incorporate amendments to Agreements between
the Contracting Parties that are approved by the County and at least two thirds
(66%) of all other Contracting Parties (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
Parties as of the effective date of the amendment; provided that this provision shall
not apply to any amendment to this Agreement affecting the Party contribution
responsibilities, hold harmless and indemnification requirements, provisions
regarding duration, termination or withdrawal, or the conditions of this Section.
15. General Provisions.
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Document Dated 2-1-17 12
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
shelter for purposes of addressing shelter overcrowding or developing other
means to enhance the effectiveness, efficiency or capacity of animal care and
sheltering within King County.
b. Survivability. Notwithstanding any provision in this Agreement to the
contrary, the provisions of Section 10 (Indemnification and Hold Harmless)
shall remain operative and in full force and effect, regardless of the
withdrawal or termination of this Agreement.
c. Waiver and Remedies. No term or provision of this Agreement shall be
deemed waived and no breach excused unless such waiver or consent shall
be in writing and signed by the Party claimed to have waived or consented.
Failure 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 performance after notice of a deficiency in
performance constitute an acquiescence thereto. The Parties are entitled to
all remedies in law or equity.
d. Grants. Both Parties shall cooperate and assist each other in procuring
grants or financial assistance from governmental agencies or private
benefactors for reduction of costs of operating and maintaining the Animal
Services Program and the care and treatment of animals in the Program.
e. Force Majeure. In the event either Party’s performance of any of the
provisions of this Agreement becomes impossible due to war, civil unrest,
and any natural event outside of the Party’s reasonable control, including
fire, storm, flood, earthquake or other act of nature, that Party will be
excused from performing such obligations until such time as the Force
Majeure event has ended and all facilities and operations have been
repaired and/or restored.
f. Entire Agreement. This Agreement represents the entire understanding of
the Parties and supersedes any oral representations that are inconsistent
with or modify its terms and conditions.
g. Notices. Except as otherwise provided in this Agreement, any notice
required to be provided under the terms of this Agreement shall be
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delivered by E‐mail (deemed delivered upon E‐mail confirmation of receipt
by the intended recipient), certified U.S. mail, return receipt requested or by
personal service to the following person (or to any other person that the
Party designates in writing to receive notice under this Agreement):
For the City:
For the County: Caroline Whalen, Director
Caroline.whalen@kingcounty.gov
King County Dept. of Executive Services
401 Fifth Avenue, Suite 135
Seattle WA. 98104
h. Assignment. No Party may sell, transfer or assign any of its rights or
benefits under this Agreement without the approval of the other Party.
i. Venue. The Venue for any action related to this Agreement shall be in
Superior Court in and for King County, Washington.
j. Records. The records and documents with respect to all matters covered by
this Agreement shall 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 termination of this Agreement.
k. No Third Party Beneficiaries. This Agreement is for the benefit of the
Parties only, and no third party shall have any rights hereunder.
l. Counterparts. This Agreement and any amendments thereto, shall be
executed 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.
16. Administration. This Agreement shall be administered by the County
Administrative Officer or his/her designee, and by the City Manager, or his/her
designee.
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IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed
effective as of January 1, 2018.
King County City of _________________
___________________________________
Dow Constantine
King County Executive
____________________________________
City Manager/Mayor
___________________________________
Date
____________________________________
Date
Approved as to Form: Approved as to Form:
___________________________________
King County
Deputy Prosecuting Attorney
____________________________________
City Attorney
___________________________________
Date
____________________________________
Date
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Document Dated 2-1-17 15
List of Exhibits
Exhibit A: Animal Services Description
Exhibit B: Control Service District Map Description
Exhibit B‐1: Map of Control Service District
Exhibit C: Calculation of Estimated Payments
Exhibit C‐1: Pre‐Commitment Estimated 2018 Payment (showing
participation only by jurisdictions that have expressed interest in contracting for
an additional 3 year term)
Exhibit C‐2: Estimated Population, Calls for Service, Shelter Use and
Licensing Data for Jurisdictions, Used to Derive the Pre‐Commitment
Estimated 2018 Payment
Exhibit C‐3: Calculation of Budgeted Total Allocable Animal Services
Costs, Budgeted Total Non‐Licensing Revenue and Budget Net Allocable
Animal Services Costs for 2018
Exhibit C‐4: Calculation and Allocation of Transition Credit, Shelter
Credit
Exhibit C‐5: [Intentionally Omitted]
Exhibit C‐6: Summary of Calculation Periods for Use and Population
Components
Exhibit C‐7: Payment and Calculation Schedule
Exhibit D: Reconciliation
Exhibit E: Enhanced Control Services Contract (Optional)
Exhibit F: Enhanced Licensing Support Contract (Optional)
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Exhibit A
Animal Service Description
Part I: Control Services
Control Services include the operation of a public call center, the dispatch 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 five days every week
(excluding holidays and County‐designated furlough days, if applicable) for
a minimum of eight hours per day (normal business hours). The County will
negotiate with applicable unions with the purpose of obtaining a
commitment for the five day call center operation to include at least one
weekend day. The County may adjust the days of the week the call center
operates to match 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 three Control
Districts as shown on Exhibit B. Subject to the limitations provided in this
Section 2, Control Districts 200 and 220 each will be staffed with one Animal
Control Officer during Regular ACO Service Hours and District 500 will be
staffed with two Animal Control Officers (ACOs) during Regular ACO
Service Hours. Regular ACO Service Hours is defined to include not less
than 40 hours per week. The County will negotiate with applicable unions
with the intention of obtaining a commitment for Regular ACO Service
Hours to include service on at least one weekend day. Regular ACO Service
Hours may change from time to time.
i. Except as the County may in its sole discretion determine is necessary
to protect officer safety, ACOs 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.
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ii. Countywide, the County will have a total of not less than 6 ACOs
(Full‐Time Equivalent employees) on staff to maximize the ability of
the County to staff all Control Districts 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 the County
may at times not be 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
ACOs in order to minimize any such gaps in coverage. In the event of
extended absences among the 6 ACOs, the County will re‐allocate
remaining ACOs as practicable in order to balance the hours of service
available in each Control District. In the event of ACO absences (for
any causes and whether or not such absences are extended as a result
of vacancies or other issues), the first priority in allocating ACOs shall
be to ensure there is an ACO assigned in each Control District during
Regular ACO Service Hours.
b. Control District boundaries are designed to balance work load, correspond
to jurisdictional boundaries and facilitate expedient transportation access
across each district. The County will arrange a location for an Animal
Control vehicle to be stationed overnight in Control Districts (“host sites”) in
order to facilitate service and travel time improvements or efficiencies.
c. The County will use its best efforts to ensure that High Priority Calls are
responded to by an ACO during Regular ACO Service Hours on the day
such call is received. The County shall retain full discretion as to the order in
which High Priority calls are responded. High Priority Calls include those
calls that pose an emergent 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 ACO),
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 are 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 ACO as necessary or available, all
as determined necessary and appropriate in the sole discretion of the
County. Particularly in the busier seasons of the year (spring through fall),
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lower priority calls may only receive a telephone response from the Call
Center. Lower Priority calls are non‐emergent requests for service, including
but not limited to:
1. Non‐emergent high priority events,
2. Patrol request – (ACO requested to patrol a specific area due to
possible code violations),
3. Trespass,
4. Stray Dog/Cat/other animal confined,
5. Barking Dog,
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. The Joint‐City County Collaboration Committee is tasked with reviewing
response protocols and recommending potential changes to further the goal
of supporting the most appropriate use of scarce Control Service resources
countywide. The County will in good faith consider such recommendations
but reserves the right to make final decisions on response protocols. The
County will make no changes to its procedures that are inconsistent with the
terms of this Exhibit A, except that upon the recommendation of the Joint
City‐County Collaboration Committee, the County may agree to modify
response with respect to calls involving animals other than horses, livestock,
dogs and cats.
f. In addition to the ACOs serving specific districts, the following Control
Service resources will be available on a shared basis for all Parties and shall
be dispatched as deemed necessary and appropriate by the County.
1. An animal control sergeant will provide oversight of and back‐
up for ACOs five days per week at least 8 hours/day (subject to
vacation/sick leave/training/etc.).
2. Staff will be available to perform animal cruelty investigations,
to respond to animal cruelty cases, and to prepare related
reports (subject to vacation/sick leave/training/etc.).
3. Not less than 1 ACO will be on call every day at times that are
not Regular ACO Service Hours (including the days per week
that are not included within Regular ACO Service Hours), to
respond to High Priority Calls posing an extreme life and
safety danger, as determined by the County.
g. The Parties understand that rural areas of the County will generally receive a
less rapid response time from ACOs than urban areas.
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h. Contracting Cities may contract with King County for “Enhanced Control
Services” through separate agreement (as set forth in Exhibit E); provided
that a City may not purchase Enhanced Control Services under Option 1 as
described in Exhibit E if such City is receiving a Transition Funding Credit
and/or Shelter Credit.
Part II: Shelter Services
Shelter services include the general care, 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 year at the County’s animal shelter in Kent (the “Shelter”) or other shelter
locations utilized by the County, including related services described in this section.
Major maintenance of the Shelter will continue to be included in the Program costs
allocated under this Agreement (as part of the central County overhead charges allocated
to the Program). No major renovation, upgrades or replacements of the Shelter established
as a capital project within the County Budget are anticipated. Nor will any such capital
project costs be allocated to the Contracting Cities during the term of this Agreement
without prior agreement of the Contracting Cities.
1. 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
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 function at the Shelter to
encourage use of volunteers working at the shelter and use of foster
families to provide fostering/transitional care between shelter and
permanent homes for adoptable animals.
d. The County will maintain an animal placement function at the Shelter to
provide for and manage adoption events and other activities leading to the
placement of animals in appropriate homes.
e. Veterinary services will be provided and will include animal exams,
treatment and minor procedures, spay/neuter and other surgeries. Limited
emergency veterinary services will be available in non‐business hours,
through third‐party contracts, and engaged if and when the County
determines necessary.
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f. The County will take steps through its operating policies, codes, public fee
structures and partnerships 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 community‐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 Contracting Cities contracting with PAWS (Potentially including
Woodinville, Shoreline, 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), or other animal service
providers 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
Lynnwood (or other animal service providers), shelter is not available. Dogs and
cats picked up by the County within such City(s) will be transferred by the County
to the PAWS (shelter in Lynnwood (or other animal service providers)for shelter
care, which will be provided and funded solely through separate contracts between
each Northern City and PAWS, (or other animal service providers )and the County
will refer residents of that City to PAWS (or other animal service providers ) 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 (or other animal service providers) 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.
4. County Contract with PAWS, or other animal service providers. Nothing in this
Agreement is intended to preclude the County from contracting with other entities
to care for animals taken in by the County.
5. Service to Persons who are not Residents of Contracting Cities. The County will
not provide routine shelter services for animals brought in by persons who 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 license
pets in Contracting Cities.
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1. The public will be able to purchase pet licenses in person at the County Licensing
Division public service counter in downtown Seattle (500 4th 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 may 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 inserts in County mailings to residents and on the County’s public
television channel.
5. The County will annually mail or E‐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 calendar).
6. The County may make telephone reminder calls in 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
reserves the right to determine the level of sales and marketing support provided
from year to year in consultation with the Joint City‐County Collaboration
Committee. The County will work with any City in which door‐to‐door
canvassing takes place to reach agreement with the City as to the hours and
locations of such canvassing.
10. The County will provide current pet license data files (database extractions) to a
Contracting City promptly upon request. Data files will include pets owned,
owners, addresses, phone numbers, E‐mail addresses, violations, license renewal
status, and any other relevant or useful data maintained in the County’s database
on pets licensed within the City’s limits. A City’s database extraction will be
provided in electronic format agreed to by both parties in a timely fashion and in a
standard data release format that is easily usable by the City.
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Exhibit B: Control Service District Map
The attached map (Exhibit B‐1) shows the boundaries of the 3 Control Service Districts.
The cities and towns included in each Control District are as follows:
District 200 (Northern District)
Shoreline
Lake Forest Park
Kenmore
Woodinville
Redmond
Sammamish
Duvall
Carnation
District 220 (Eastern District)
Bellevue
Mercer Island
Yarrow Point
Clyde Hill
Town of Beaux Arts
Issaquah
Snoqualmie
North Bend
Newcastle
District 500 (Southern District)
Tukwila
SeaTac
Kent
Covington
Maple Valley
Black Diamond
Enumclaw
The Districts shall each include portions of unincorporated King County as illustrated on
Exhibit B‐1.
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Exhibit B‐1
RASKC Control District Map (* 3 Districts are for operational purposes)
*Note: 3 districts are for operational purposes; cost allocation is calculated combining all districts into one)
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Exhibit C
Calculation of Estimated Payments
The Estimated Payment is the amount, before reconciliation, owed by the City to the
County (or owed by the County to the City if the amount calculated is less than $0) for the
provision of one (1) year of Animal Services, based on the formulas below.
In summary and subject to the more detailed descriptions below, an initial cost
allocation is made for the Service Year (example 2018) based on the cost factors described
in Part 1 below; costs are offset by various revenues as described in Part 2. An annual
reconciliation is completed as described in Part 3.
Based on the calculation process described in Parts 1 and 2, an “Estimated Payment”
amount owed by each City for each Service Year is determined. Each Estimated Payment
covers one (1) year of service. Payment for service is made by each City every August 15.
Part 1: Service Year Cost Allocation Process
Control Services costs are to be allocated among all Contracting Parties based
20% on their relative population and 80% on the number of calls for service
attributable to each Contracting Party. Shelter Services costs are to be allocated
among all Contracting Parties based 20% on their relative population and 80%
on the total shelter intake of animals attributable to each Contracting Party,
except that cities contracting for shelter services with PAWS (or other animal
service providers) will pay only a population‐based charge.
Licensing Services costs are to be allocated among all Contracting Parties, based
20% on their relative population and 80% on the number of licenses issued to
residents of each Contracting Party.
Part 2: Revenue and Other Adjustments to the Cost Allocation.
In 2018 and each Service Year thereafter, the costs allocable to each Contracting Party are
reduced by various revenues and credits:
Licensing revenue will be attributed to each Contracting Party based on the
residency of the individual purchasing the license (see Part 3 for reconciliation
of Licensing Revenues). As Licensing Revenue and Non‐Licensing Revenues
change from year to year, the most recent historical actual data for these
amounts will be incorporated to offset costs (See Exhibit C‐6 for calculation
periods). Historical actual data shall be derived from the most recent complete
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year, or the most recent December – November actual, whichever is more,
unless otherwise approved by the Joint City County Collaboration Committee.
Two credits are applicable to various Contracting Cities to reduce the amount of
their Estimated Payments: a Transition Funding Credit (fixed at 2013 level,
payable annually through 2022) for cities with high per‐capita costs and a
Shelter Credit (for Contracting Cities with the highest per capita intakes (usage))
(adjusted annually as indicated in Exhibit C‐4, payable annually through 2022, ).
The County agrees to give serious consideration to maintaining the various
credits provided to the Contracting City under this Agreement in any extension
of the Agreement. Application of these Credits is limited such that the
Estimated Payment cannot fall below zero (before or after the annual
Reconciliation calculation).
All Contracting Cities may request Enhanced Licensing Support Services by
executing a separate Enhanced Licensing Support Acknowledgement form with
the County (Exhibit F). This support is subject to availability of County staff.
In each Service Year subsequent to 2018, allocable costs are adjusted for each
Contracting Party based on the actual increase or decrease in allocable costs
from year to year for the whole Program. Total Budgeted Allocable Costs
cannot increase by more than the Annual Budget Inflator Cap. The Annual
Budget Inflator Cap is the rate of inflation (based on the annual change in the
September CPI‐U for the Seattle‐Tacoma‐Bremerton area over the rate the
preceding year) plus the rate of population growth for the preceding year for the
County (including the unincorporated area and all Contracting Cities).
In all Service Years, costs are also adjusted for annexations (in or out of the
Program service area) of areas with a population of 2,500 or more and the shift
in relative population shares among all Contracting Parties as a result of any
Latecomer Cities.
Part 3: Reconciliation
Estimated Payments are reconciled to reflect actual revenues as well as changes
in population attributable to annexations of areas with a population of 2,500 or
more (in or out of the Program) and the shifts in relative population among all
Contracting Parties as a result of any Latecomer Cities. The Reconciliation occurs
by June 30 of the following calendar year. The Reconciliation calculation and
payment process is described in Exhibit D.
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The receipt of Transition Funding Credits or Shelter Credits can never result in
the amount of the Estimated Reconciliation Adjustment Payment falling below
$0.
If a jurisdiction’s licensing revenues exceed its net costs payable under this
Agreement, then in the annual reconciliation process, the excess licensing
revenue is reallocated to offset the County’s costs not included in the cost
allocation model provided that, the determination of net costs shall be adjusted as
follows: (1) for a Contracting City purchasing shelter services from PAWS (or
other animal service provider);, net costs includes consideration of the amounts
paid by such City to PAWS (or other animal service provider); and (2) for a
Contracting City purchasing Enhanced Control Services per Exhibit E, and/or
purchasing Enhanced Licensing Support Services per Exhibit F , net costs
includes consideration of the amounts paid for such services.
Part 4: Estimated Payment Calculation Formulas
For Each Service Year .
EP = [(EC + ES + EL) – (ELR + TC + SC)]
Where:
“EP” is the Estimated Payment. For Contracting Cities receiving a Transition Credit or
Shelter Credit, the value of EP may not be less $0.
“EC” or “Estimated Control Services Cost” is the City’s estimated share of the Budgeted
Net Allocable Control Services Cost for the Service Year. See formula below for deriving
“EC.”
“ES” or “Estimated Shelter Services Cost” is the City’s estimated share of the Budged Net
Allocable Shelter Services Cost for the Service Year. See formula below for deriving “ES.”
“EL” or “Estimated Licensing Services Cost” is the City’s estimated share of the Budgeted
Net Allocable Licensing Services Cost for the Service Year. See formula below for deriving
“EL.”
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“ELR” is Estimated Licensing Revenue attributable to the City. For purposes of
determining the Estimated Payment in Year 2018, ELR is based on the amount of revenue
from each type of active license issued to City residents in 2016, or December 2015‐
November 2016, whichever is more (the “Calculation Period”). Exhibit C‐2 shows a
preliminary estimate of 2016 Licensing Revenue; the numbers in this exhibit are subject to
Reconciliation by June 30, 2019. Additional factors for Estimated Licensing Revenue:
For Contracting Cities that have executed an Enhanced Licensing Support
Acknowledgement form per Exhibit F, ER is increased by adding the estimated net
amount of revenue, if any, estimated to be derived as a result of enhanced licensing
support provided to the City (the “Licensing Revenue Target” or “RT” less the
estimated enhanced licensing support cost); this amount is shown in the column
captioned “Estimated Revenue from Enhanced Licensing Support” on Exhibit C‐1).
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 ELR as compared to Total Licensing Revenue.
Notwithstanding the foregoing, “ELR” may be based on an estimated amount of
licensing for the Service Year for the City if, in the reasonable judgment of the
County, an estimated Licensing Revenue amount can be proposed that is likely to
more closely approximate the actual Licensing Revenue for the Service Year than
the data from the Calculation Period; provided that the use of any estimates shall be
subject to the conditions of this paragraph. The County shall work with the Joint
City‐County Collaboration Committee to develop estimated Licensing Revenue
amounts for all Contracting Cities for the upcoming Service Year. If the Joint City
County Collaboration Committee develops a consensus proposal (agreement shall
be based on the consensus of those Contracting Cities present at the Joint City‐
County Collaboration Committee meeting in which Licensing Revenue estimates
are presented in preparation for the December 15 Estimated Payment Calculation
notification), it shall be used in developing the December 15 Final Estimated
Payment Calculation. If a consensus is not reached, the County shall apply the
actual Licensing Revenue from the Calculation Period for the Service Year to
determine the Preliminary Estimated Payment.
“TC” is the Transition Funding Credit, if any, allocable to the City for each Service Year
calculated per Exhibit C‐4.
“SC” is the Shelter Credit, if any, allocable to the City for each Service Year calculated per
Exhibit C‐4.
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“B” is the “Budgeted Total Net Allocable Costs” estimated for the Service Year for the
provision of Animal Services which are allocated among all the Contracting Parties for the
purposes of determining the Estimated Payment. The Budgeted Total Net Allocable Costs
are calculated as the Budgeted Total Allocable Costs (subject to the Annual Budget
Inflator Cap) less Budgeted Total Non‐Licensing Revenue. The Budgeted Total
Allocable Costs exclude any amount expended by the County as Transition Funding
Credits, or Shelter Credits (described in Exhibit C‐4), or to provide Enhanced Licensing
Support Services (described in Section 7). A preliminary calculation (by service area—
Control, Shelter, Licensing) of Budgeted Total Net Allocable Costs, Budgeted Total
Allocable Costs and Budgeted Total Non‐Licensing Revenue for purposes of calculating
the Pre‐Commitment Estimated 2018 Payments is set forth in Exhibit C‐3.
“Total Licensing Revenue” means all revenue received by the County’s Animal Services
Program attributable to the sale of pet licenses excluding late fees, refunds and rebates.
With respect to each Contracting Party, the amount of “Licensing Revenue” is the revenue
generated by the sale of pet licenses to residents of the jurisdiction, excluding late fees,
refunds and rebates. (With respect to the County, the jurisdiction is the unincorporated
area of King County.)
“Total Non‐Licensing Revenue” means all revenue from fines, forfeitures, and all other
fees and charges imposed by the Countyʹs Animal Services program in connection with
the operation of the Program, but excluding Total Licensing Revenue, Designated
Donations, grants, or entrepreneurial activities.
“Designated Donations” mean donations from individuals or other third parties to the
County made for the purpose of supporting specific operations, programs or facilities
within the Animal Services Program.
“Enhanced Licensing Support Services” means activities or funding to be undertaken in
specific cities to enhance licensing revenues, per Section 7 and Exhibit F.
“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 year, which is calculated as the rate of inflation (based on the annual change in the
September CPI‐U for the Seattle‐Tacoma‐Bremerton area over the rate the preceding year)
plus the rate of population growth for the preceding year for the County (including the
unincorporated area and all Contracting Cities), as identified by comparing the two most
recently published July OFM city and county population reports. The cost allocations to
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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 Annual Allocable Costs do not exceed the Annual Budget Inflator Cap.
“Service Year” is the calendar year in which Animal Services are/were provided.
“Calculation Period” is the time period from which data is used to calculate the Estimated
Payment. The Calculation Period differs by formula component and Service Year. Exhibit
C‐6 sets forth in table form the Calculation Periods for all formula factors for the Service
Years.
“Population” with respect to any Contracting Party for Service Year 2018 means the
population number derived from the State Office of Financial Management (OFM) most
recent annually published report of population used for purposes of allocating 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). For each Service
Year, the OFM reported population will be adjusted for annexations of 2,500 or more
residents known to be occurring after April, 2017 and before the end of the Service Year.
For example, when the final Estimated Payment calculation for 2018 is provided on
December 15, 2017, the population numbers used will be from the OFM report issued in
July 2017 and will be adjusted for all annexations of 2,500 or more residents that occurred
(or are known to be occurring) between April 1, 2017 and December 31, 2018. In any
Service Year, if: (1) annexations of areas with a population of 2,500 or more people occurs
to impact the population within the jurisdiction of a Contracting Party; or (2) a Latecomer
City is brought under contract with the County, these changes shall be accounted for in the
calculation of the Estimated Payment for such Service Year. Such adjustment shall be
made at the next occurring possibility (e.g., at calculation of the Final Estimated Payment,
or Reconciliation, whichever is soonest). The adjustment will be made on a pro rata basis
to reflect the portion of the year in which the population change was in effect.
The population of an annexed area will be as determined 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 County’s
demographer.
In the case of a Latecomer City, the population shall be similarly adjusted among all
Contracting Parties in the manner described above for annexations, by considering
the change in population between all Contracting Parties attributable solely to the
Latecomer City becoming a Contracting Party.
Exhibit C‐1 shows the calculation of Pre‐Commitment EP for Service Year 2018 assuming
that the County and all Cities that have expressed interest in signing this Agreement as of
December 31, 2016, do in fact approve and sign the Agreement.
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Component Calculation Formulas (used in each Service Year ):
Estimated Control (EC) Services Costs is calculated as follows:
EC = ((C x .8) x ACFS) + ((C x .2] x 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 Control Services in the Service
Year, less the Budgeted Total Non‐Licensing Revenue attributable to Control Services in
the Service Year (for example, fines issued in the field). For purposes of determining the
Pre‐Commitment Estimated Payments for 2018, the Budgeted Net Allocable Control
Services Cost is $1,979,509., calculated as shown on Exhibit C‐3, and shall be similarly
derived to determine the Final Estimated Payment for 2018 and each Service Year.
”ACFS” is the total Average annual number of Calls for Service during the Calculation
Period for the Service Year for Control Services originating within the City expressed as a
percentage of the ACFS for all Contract Parties.. 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 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 sheriff’s
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 for each Service Year, the Calculation Period for CFS is the rolling
annual average based on the most recently completed three (3) calendar years actual
usage. For example 2014‐2016 for 2018 Service Year. Exhibit C‐2 shows a preliminary
estimate of CFS for 2014‐2016, used to determine the Pre‐Commitment Estimated 2018
Payment; the numbers in this Exhibit C‐2 are subject to Reconciliation by June 30, 2017.
“Pop%” is the Population of the City or unincorporated County, expressed as a percentage
of the Population of all Contracting Parties.
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Estimated Shelter (ES) cost for each Service Year 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 Welfare Society (PAWS) in Lynnwood, WA, (or
other animal service provider), then, for so long as such contract remains in effect, the City
will not pay a share of shelter costs associated with shelter usage (“A” as defined below)
and instead the Estimated Payment will include a population‐based charge only,
reflecting the regional shelter benefits nonetheless received by such City, calculated as
follows (the components of this calculation are defined as described below).
ES = (S x.2 x Pop%)
If the City does not qualify for the population‐based shelter charge only, ES is determined
as follows:
ES = (S x .2 x Pop%) + (S x .8 x AA)
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). For purposes of
determining the Pre‐Commitment Estimated Payments for 2018, the Budgeted Net
Allocable Shelter Services Cost is $2,960,088., calculated as shown on Exhibit C‐3, and
shall be similarly derived to determine the Final Estimated Payments for 2018 and for each
Service Year.
“Pop%” is the population of the City, or unincorporated County, expressed as a
percentage of the Population of all Contracting Parties.
“AA” is the animal intakes 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, averaged during the Calculation
Period and expressed as a percentage of the total number of animals in the County Shelter
during the Calculation Period. For purposes of calculating the Estimated Payment for
each Service Year, the Calculation Period for “AA” is the rolling annual average based on
the most recently completed three (3) calendar years (for example 2014‐2016 for Service
Year 2018)(actual usage). Exhibit C‐2 shows a preliminary estimate of “A” for 2014‐2016
used to determine the Pre‐Commitment Estimated 2018 Payments; the numbers in this
exhibit are subject to Reconciliation by June 30, 2017.
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Estimated Licensing (EL) cost for each Service Year is calculated as follows:
EL = (L x .2 x Pop%) + (L x .8 x ALI)
Where:
“L” is the Budgeted Net Licensing Services Cost for the Service Year, which 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
license late fees) in the Service Year . For purposes of determining the Pre‐Commitment
Estimated Payments for 2018, the Budgeted Net Licensing Cost is $686,512., calculated as
shown on Exhibit C‐3, and shall be similarly derived to determine the Final Estimated
Payments for 2018 and each Service Year.
“Pop%” is the Population of the City expressed as a percentage of the population of all
Contracting Parties.
“ALI” (Average Licenses Issued) 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 for each Service
Year, the Calculation Period for “ALI” is the rolling annual average based on the most
recently completed three (3) calendar years actual usage. For example 2014‐2016 for 2018
Service Year.. Exhibit C‐2 shows a preliminary estimate of “ALI” to be used for
calculating the Pre‐Commitment Estimated 2018 Payments; the numbers in this Exhibit are
subject to reconciliation by June 30, 2017.
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Exhibit C-3
Calculation of Budgeted Total Allocable Costs, Budgeted Total Non-Licensing Revenue, and
Budgeted Net Allocable Costs
This Exhibit Shows the Calculation of Budgeted Total Allocable Costs, Budgeted Total Non-
Licensing Revenue, and Budgeted Net Allocable Costs to derive Pre-Commitment Estimated 2018
Payments. All values shown are based on annualized costs and revenues. The staffing levels
incorporated in this calculation are for year 2018 only and except as otherwise expressly provided in
the Agreement may change from year to year as the County determines may be appropriate to
achieve efficiencies, etc.
Control Services: Calculation of Budgeted Total Allocable Costs, Budgeted Total Non-
Licensing Revenue, and Budgeted Net Allocable Costs
The calculation of Pre-Commitment Estimated 2018 Control Services Costs is shown below.
Cost
1 Direct Service Management Staff Costs $161,969
2 Direct Service Field Staff Costs $799,269
3 Call Center Direct Service Staff Costs $268,415
4 Overtime, Duty, Shift Differential and Temp Costs 68,340
5 Facilities Costs 8,055
6 Office and Other Operational Supplies and Equipment $17,500
7 Printing, Publications, and Postage $23,000
8 Medical Costs $50,000
9 Other Services $75,000
10 Transportation $200,981
11 Communications Costs 39,336
12 IT Costs and Services $126,625
13 Misc Direct Costs $90,536
14 General Fund Overhead Costs 47,140
15 Division Overhead Costs $121,798
16 Other Overhead Costs 23,995
2018 Budgeted Total Allocable Control Services Cost $2,121,959
17 Less 2018 Budgeted Total Non-Licensing Revenue
Attributable to Control Services
$142,450
2018 Budgeted Net Allocable Control Services Cost $1,979,509
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Document Dated 2-1-17 36
NOTES:
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).
6 This item includes the office supplies required for both the call center as well as a
wide variety of non-computer equipment and supplies related to animal control field
operations (e.g., uniforms, tranquilizer guns, boots, etc.).
7 This cost element consists of printing and publication costs for various 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 year but 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.
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. 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.
15 Other overhead costs include IT, telecommunications, finance, and property services.
16 Non-licensing revenue attributable to field operations include animal control
violation penalties, charges for field pickup of deceased/owner relinquished animals,
and fines for failure to license.
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Shelter Services: Calculation of Budgeted Total Allocable Costs, Budgeted Total Non-
Licensing Revenue, and Budgeted Net Allocable Costs
The calculation of Pre-Commitment Estimated 2018 Shelter Services Costs is shown below.
Cost
1 Direct Service Management Staff Costs $242,954
2 Direct Service Shelter Staff Costs $1,349,896
3 Direct Service Clinic Staff Costs $311,401
4 Overtime, Duty, Shift Differential and Temp Costs $121,686
5 Facilities Costs $151,916
6 Office and Other Operational Supplies and Equipment $145,166
7 Printing, Publications, and Postage $11,000
8 Medical Costs $150,000
9 Other Services 122,500
10 Transportation $13,132
11 Communications Costs $1,200
12 IT Costs and Services $99,009
13 Misc Direct Costs $70,300
14 General Fund Overhead Costs $83,923
15 Division Overhead Costs $207,655
16 Other Overhead Costs $6,550
2018 Budgeted Total Allocable Shelter Services Cost $3,088,288
17 Less 2018 Budgeted Total Non-Licensing Revenue
Attributable to Shelter Services
$128,200
8
2018 Budgeted Net Allocable Shelter Services Cost $2,960,088
NOTES:
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 station for field officers).
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., uniforms, 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 care for animals requiring
emergency services as well as the cost for consulting vets, laboratory costs, medicine, and
vaccines.
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9 Services for animal shelter operations vary by year but include costs such as shipping of
food 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 and radio.
Information technology direct costs include IT equipment replacement as well as direct
services costs.
12 Miscellaneous direct costs consist of all animal care costs not listed above including but not
limited to contingency, training, certification, and bad checks.
13 General fund overhead costs included in this model include building occupancy charges and
HR/personnel services. .
14 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.
15 Other overhead costs include IT, telecommunications, finance, and property services.
16 Non-licensing revenue attributable to sheltering operations include impound fees, microchip
fees, adoption fees, and owner relinquished euthanasia fees.
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Licensing Services: Calculation of Budgeted Total Allocable Costs, Budgeted Total Non-
Licensing Revenue, and Budgeted Net Allocable Costs
The calculation of Pre-Commitment Estimated 2018 Licensing Services Costs is shown below.
Cost
1 Direct Service Management Staff Costs $52,291
2 Direct Service Licensing Staff Costs $404,377
3 Overtime, Duty, Shift Differential and Temp Costs $7,742
4 Facilities Costs $14,000
5 Office and Other Operational Supplies and Equipment $3,300
6 Printing, Publications, and Postage $81,700
7 Other Services $37,109
8 Communications Costs $2,000
9 IT Costs and Services $76,424
10 Misc Direct Costs $1,966
11 General Fund Overhead Costs $19,160
12 Division Overhead Costs $42,280
13 Other Overhead Costs $21,163
2018 Budgeted Total Allocable Licensing Services Cost $763,512
14 Less 2018 Budgeted Total Non-Licensing Revenue
Attributable to Licensing Services
$77,000
8
2018 Budgeted Net Allocable Licensing Services Cost $686,512
NOTES:
4 Facilities costs include maintenance and utilities for the portion of the King County
Administration building occupied by the pet licensing staff and 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.
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
pager use.
9 Information technology direct costs include IT equipment replacement as well as direct
services costs.
10 Miscellaneous direct costs consist of all pet licensing costs not listed above including but not
limited to training, certification, transportation, and bad checks.
11 General fund overhead costs included in this model include building occupancy charges and
HR/personnel services. .
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12 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.
13 Other overhead costs include IT, telecommunications, finance, and property services.
14 Non-licensing revenue attributable to licensing operations consists of licensing late fees.
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Exhibit C‐4
Calculation and Allocation of Transition Funding Credit (”TC”), and Shelter Credit
(“SC”)
A. Transition Funding Credit
The Transition Funding Credit as originally calculated in the 2010 Agreement offset costs
to certain Contracting Cities that would have otherwise paid the highest per capita costs
for Animal Services in 2010. The credit was scheduled on a declining basis over four years
(2010‐2013). In this Agreement, the Contracting Cities qualifying for this credit are listed
in Table 1 below; these cities will receive the credit at the level calculated for 2013 in the
2010 Agreement for each Service Year, provided that, 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 Transition Funding
Credit is shown in Table 1 below.
Table 1: Transition Funding Credit – Annual Amount to be allocated each year
Jurisdiction Transition Funding
Credit
Carnation $552
North Bend $1,376
Kent $110,495
SeaTac $7,442
Tukwila $5,255
Black Diamond $1,209
Covington $5,070
Enumclaw $11,188
Maple Valley $6,027
Note: The Transitional Funding Credit is the same regardless of which cities sign the Agreement.
During Reconciliation, if a City receiving Transition Funding Credit is due a refund as a result of
more revenue being collected than was anticipated in the Final Estimated Payment Calculation for
the Service Year, the refund amount shall first be applied to reduce the Transition Funding Credit
and Shelter Credit until reduced to zero, upon which any excess shall be used to adjust the City’s
net final cost until the Net Final Cost is zero.
B. Shelter Credit
The Shelter Credit is designed to offset costs for those Contracting Cities whose per capita
average shelter intakes (“AA”) exceed the average for all Contracting Parties. During the
initial term of this Agreement, a total of $750,000 will be applied as a credit in each Service
Year to Contracting Cities whose per capita average shelter intakes (“AA”) exceeds the
average for all Contracting Parties; provided that application of the Shelter Credit can never
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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 Shelter Credit shall be calculated
annually as part of the Final Estimated Payment Calculation provided prior to the Service
year. The Shelter Credit shall be determined based on the City’s relative per capita three
(3) year average of animal intakes (“AA”) in excess of the three (3) year average for all
contracting parties for the same period. The County will consider providing the Shelter
Credit in the second term at the same level as for the initial term.
Table 3: Shelter Credit Allocation—2018
During Reconciliation, if a City receiving Shelter Funding Credit is due a refund as a result of more
revenue being collected than was anticipated in the Final Estimated Payment Calculation for the
Service Year, the refund amount shall first be applied to reduce the Transition Funding Credit and
Shelter Credit until reduced to zero, upon which any excess shall be used to adjust the City’s net
final cost until the Net Final Cost is zero.
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Exhibit C‐5:
[Intentionally Omitted]
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Exhibit C‐6:
Summary of Calculation Periods for Use and Population Components
This Exhibit restates in summary table form the Calculation Periods used for 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.
ELR is Estimated Licensing Revenue attributable to the City
ACFS (Average Calls for Service) is the rolling three (3) year average number of Calls for
Service originating in the City
AA (Average Animals) is the rolling three (3) year average number of animals in the
shelter attributable to the City
ALI (Average Licenses Issued) is the Rolling three (3) year average 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;
Calculation Periods ‐‐ Service Year 2018
Component Estimated 2018
Payment (final)
(published December 15
2017)
Reconciliation Payment
Amount
(determined by June 2019)
ELR
(Estimated
Revenue)
> of December 2016–
November 2017 just
prior to Service Year or
2016 Actual
Actual Licensing
Revenue 2018
ACFS
(Avg. Calls for
Service)
Three (3) year rolling
average (2014, 2015,
2016)
N/A
AA
(Avg. Animal
intakes)
Three (3) year rolling
average (2014, 2015,
2016)
N/A
ALI (Avg.
Licenses
Issued)
Three (3) year rolling
average (2014, 2015,
2016)
N/A
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Document Dated 2-1-17 45
Pop,
(Population)
OFM April 2017,
adjusted for all
annexations ≥ 2,500
occurring (and
Latecomer Cities joining)
after April 2017 and
before the end of 2018
Same, adjusted for all
annexations ≥ 2,500
occurring (and Latecomer
Cities joining) after April
2017 and before the end of
2018
Calculation Periods: Service Year 2019 and subsequent Service Years
Component Estimated (Service
Year)
Payment (published
December 15 prior to
Service Year)
Reconciliation
Payment Amount
(determined by June 30
following each Service
Year)
ELR > of December‐
November just prior to
Service Year or
previous complete
calendar year
Actual Licensing
Revenue (Service Year)
ACFS Three (3)year rolling
average (2014, 2015,
2016)
N/A
AA Three (3) year rolling
average (2014, 2015,
2016)
N/A
ALI Three (3) year rolling
average (2014, 2015,
2016)
N/A
Pop,
OFM April prior to prior
to Service Year, adjusted
for all annexations ≥
2,500 and/or Latecomer
Cities joining that are
known to take effect
prior to or during the
Service Year.
Same, adjusted for all
annexations ≥ 2,500
and/or Latecomer Cities
joining, occurring prior
to or during the Service
Year.
If the Agreement is extended for a second term, calculated cost and reconciliation shall be
developed in a manner comparable to Service Year 2019 as shown above.
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Exhibit C‐7
Payment and Calculation Schedule
Service Year 2018
Item Date
Final Estimated 2018 Payment calculation
provided to City by County
December 15, 2017
2018 Estimated Payment due August 15, 2018
2018 Reconciliation Adjustment Amount
calculated
On or before June 30, 2019
2018 Reconciliation Adjustment Amount
payable
On or before August 15, 2019
Service Year 2019 and subsequent years
Item Date
Final Estimated 2019 Payment calculation
provided to City by County
December 15, 2018 (December 15 prior to
start of Service Year)
2019 Estimated Payment due August 15, 2019 (August 15 of Service Year
2019 Reconciliation Adjustment Amount
calculated
On or before June 30, 2020 (by June 30
immediately following the Service Year)
2019 Reconciliation Adjustment Amount
Payable
August 15, 2020 (by August 15 immediately
following the Service Year)
The schedule is developed in the same manner as described above for all Service Years
unless otherwise noted in the Agreement.
Additional timelines are in place to commence and complete negotiations for an extension
of the Agreement:
Notice of Intent by one or more of the
Parties to opt out of the automatic extension
for an additional five (5) year term.
June 30, 2021
Deadline for written agreement to
Contingent Extension (per section 4(b)
March 22, 2022
See Section 4 of Agreement for additional details on Extension of the Agreement Term for
an additional five (5) year term.
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Requests for Enhanced Licensing Revenue Support Services in a Service Year may be
made at any time on or before December 1, prior to the Service Year, unless mutually
agreed to by the County and City.
Dates for remittal to County of pet license
sales revenues processed by Contracting
Cities (per section 3.c)
Not less than monthly, 15 days following
the end of the calendar month.
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Exhibit D
Reconciliation
The purpose of the reconciliation calculation is to adjust payments made each Service Year
by Contracting Parties to reflect actual licensing and non‐licensing revenue, and various
credits, as compared to the estimates of such revenues and credits incorporated in the
Estimated Payment calculations, and to adjust for population changes resulting from
annexations of areas with a population of over 2,500 (if any) and the addition of Latecomer
Cities. To accomplish this, an “Adjusted Net Final Cost” (“ANFC”) calculation is made
each June for each Contracting Party as described below, and then adjusted for various
factors as described in this Exhibit D.
As noted in Section 7 of the Agreement, the Parties intend that receipt of Animal Services
should not be a profit‐making enterprise. When a City receives revenues in excess of its
costs under this Agreement (including costs of PAWS or other animal service providers, if
applicable), such excess will be reinvested to reduce costs incurred by the County. The
cost allocation formulas of this Agreement are intended to achieve this outcome.
Terms not otherwise defined here have the meanings set forth in Exhibit C or the body of
the Agreement.
Calculation of ANFC and Reconciliation Adjustment Amount
The following formula will be used to calculate the Reconciliation Adjustment Amount,
which shall be payable by August 15. The factors in the formula are defined below. As
described in paragraphs A and B, the subscript “0” denotes the initial calculation;
subscript “1” denotes the final calculation.
ANFC0 =
Actual
Revenue
+
Transition
Credit
+
Shelter
Credit
‐
Cost
Allocation
‐
Other
Services
Charge
AR TC SC CA OSC
ANFC0 = AR + TC + SC – CA – OSC
A. If ANFC0 ≥ 0, i.e., revenues and credits are greater than costs (adding the cost
factor “OSC” in the formula for Contracting Cities purchasing shelter services from
PAWS (or other animal service providers) and/or purchasing Enhanced Control
Services and/or Enhanced Licensing Support Services), then:
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Document Dated 2-1-17 49
ANFC1 = 0, i.e., it is reset to zero and the difference between ANFC0 and ANFC1 is
set aside by the County (or, if the revenues are not in the possession of the County,
then the gap amount is payable by the City to the County by August 15) and all
such excess amounts from all Contracting Parties where ANFC0 ≥ 0 are allocated
to the County to offset costs incurred by the County that are not included in the
cost allocation model (excluding unincorporated area only costs). Contracting
Parties for which ANFC0 ≥ 0 do not receive a reconciliation payment.
B. If ANFC0 < 0, i.e., costs are greater than revenues (without considering “W” for those
Contracting Cities purchasing shelter services from PAWS,(or other animal service
providers) Enhanced Control Services, and/or Enhanced Licensing Support
Services), then the negative dollar amount is not “reset” and ANFC1 is the same as
ANFC0.
C. If, ANFC1 < Total Estimated Payments made in the Service Year, then the
difference shall be paid by the County to the City no later than August 15, except
that if a City is receiving a Transition Credit and/or a Shelter Credit, the difference
shall be used to offset the Credit (s) until the Credit (s) are reduced to zero, at which
point the remaining difference shall be paid by the County to the City; if ANFC1 >
Total Estimated Payments made in the Service Year, then the difference shall be
paid by the City to the County no later than August 15.
Where:
“AR” is Actual Licensing Revenue, less refunds and rebates, 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 address information), will be allocated amongst the Parties
based on their respective percentages of total AR).
“TC” is the Transition Funding Credit, if any, for the Service Year.
“SC” is the Shelter Credit, if any, for the Service Year.
“OSC” Other Services Charge is the actual amount paid by a City receiving shelter
services to PAWS (or other animal service providers) for such services during the Service
Year, if any, plus the actual amount paid or owed by a City to the County for the purchase
of Enhanced Control Services and/or Enhanced Licensing Support Services, during the
Service Year, if any.
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“CA” is the “Cost Allocation” as estimated for the Service Year for the provision of Animal
Services allocated between all the Contracting Parties for the purposes of determining the
Estimated Payment. The Cost Allocation is the sum of Estimated Control (EC) costs,
Estimated Shelter (ES) costs, and Estimated Licensing (EL) costs calculated as described in
Exhibit C.
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Exhibit E
Enhanced Control Services Contract (Optional)
Between City of _________________ (“City”) and King County (“County”)
The County will offer Enhanced Control Services to the City during the term of the Animal
Services Interlocal Agreement, subject to the terms and conditions as described herein.
The provisions of this Contract are optional to both Parties and shall not be effective
unless executed by both Parties.
A. The City may request services under two different options, summarized here and
described in further detail below:
Option 1: for a period of not less than one year, the City may request service from
an Animal Control Officer dedicated to the City (“Dedicated Officer”). Such service
must be confirmed in writing through both Parties entering into this Enhanced
Control Services Contract no later than August 15, unless waived by the County, of
the year prior to the Service Year in which the service is requested.
Option 2: for a period of less than one year, the City may request a specified
number of over‐time service hours on specified days and time. Unlike Option 1, the
individual officers providing the service will be determined by the County and may
vary from time to time; the term “Dedicated Officer” used in the context of Option 2
is thus different than its meaning with respect to Option 1. Option 2 service must
be requested no later than 60 days prior to the commencement of the period in
which the service is requested, unless waived by the County.
The City shall initiate a request for enhanced service by completing and submitting
Attachment A to the County. If the County determines it is able to provide the
requested service, it will so confirm by completing and countersigning Attachment A
and signing this Contract and returning both to the City for final execution.
B. The County will 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 and this Contract.
1. Costs identified in Attachment A for Option 1 are for one (1) year of service
beginning in 2018. Costs will be based on the budgeted annual cost for the
service year for which the service is provided, and shall include the cost of the
employee (salary, benefits), equipment (which shall not exceed 3,000 annually)
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Document Dated 2-1-17 52
and animal control vehicle for the employee’s use). Costs are subject to
adjustment each year.
2. Costs for Option 2 will be determined by the County each year based on its
actual hourly overtime pay for the individual Animal Control Officers providing
the service, plus mileage at the federal reimbursement rate. The number of
miles for which mileage is charged shall be miles which would not have been
traveled but for the provision of the enhanced service.
3. Costs paid for enhanced services will be included in the Reconciliation
calculation for each Service Year, as described in Exhibit D of the Agreement
(see “Other Service Charges”).
C. Services 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).
D. The scheduling of work by the Dedicated Officer will be determined by mutual
agreement of the contract administrators identified in the Agreement, and (in the case
of a purchase of service under Option 1) the mutual agreement of officials of other
Contracting Cities named as contract administrators that have committed to sharing in
the expense of the Dedicated Officer. In the event the parties are unable to agree on
scheduling, the County shall have the right to finally determine the schedule of the
Dedicated Officer(s).
E. 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 City, or such other services as the
Parties may reasonably agree.
F. The County will provide the City with a general periodic calendar of scheduled service
in the City, and a monthly report of the types of services offered and performed.
G. For Services purchased under Option 1: An FTE will be scheduled to serve 40 hour
weeks, however, with loss of service hours potentially attributable to vacation, sick
leave, training and furlough days, not less than 1600 hours per year will be provided.
Similarly, a half‐time FTE will provide not less than 800 hours per year. The County
shall submit to the City an invoice and billing voucher at the end of each calendar
quarter, excepting that during the 4th quarter of each year during the term of this
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Document Dated 2-1-17 53
Contract, an invoice shall be submitted to the City no later than December 15th. All
invoiced amounts shall be payable by the City within 30 days of the invoice date.
Alternatively, the City (s) and the County may agree to include the cost of the
Enhanced Services into the Reconciliation process. Either way, if the costs are paid
during the Service Year, they shall be credited as part of Reconciliation.
H. For Services purchased under Option 2: The County shall submit to the City an
invoice and billing voucher at the end of each calendar quarter. All invoiced amounts
shall be payable by the City within 30 days of the invoice date. Alternatively, the City
(s) and the County may agree to include the cost of the Enhanced Services into the
Reconciliation process. Either way, if the cost are paid during the Service Year, they
shall be credited as part of Reconciliation.
I. 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 has purchased services under Option 1 and 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 terminate; provided further: except as
provided in Paragraph A. Option 1, a Contract may not be terminated if the term of
service resulting is less than one year.
J. All terms of the Agreement, except as expressly stated otherwise in this Exhibit, shall
apply to this Enhanced Control Services Contract. Capitalized Terms not defined
herein have those meanings as set forth in the Agreement.
IN WITNESS WHEREOF, the Parties hereto have caused this Enhanced Services Contract
to be executed effective as of this ____ day of _______, 201__.
King County City of _____________________
_____________________________________
By:
____________________________________
By:
_____________________________________
Date
____________________________________
Date
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Document Dated 2-1-17 54
Exhibit E: Attachment A
ENHANCED CONTROL SERVICES OPTION REQUEST
(to be completed by City requesting Enhanced Control Services; final service terms subject
to adjustment by County and agreement by City and will be confirmed in writing
executed and appended to Enhanced Control Service Contract/Exhibit E)
City_________________________________________________
Requested Enhanced Control Services Start Date: __________________________
Requested Enhanced Control Services End Date: ___________________________*
*term of service must be at least one year, except if purchasing services under Option 2.
Please indicate whether City is requesting services under Option 1 or Option 2:
_____ Option 1:
% of Full Time Equivalent Officer (FTE) requested: _____ (minimum request: 20%;
requests must be in multiples of either 20% or 25%)
_____ Option 2:
Overtime Hours purchase from existing ACO staff: ___ hours per (week /month)
General Description of desired services (days, hours, nature of service):
____________________________________________________________________
____________________________________________________________________
_____________________________________________________________________.
For Option 1:
Contracting 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
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Document Dated 2-1-17 55
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 work rules, 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 equal 50% 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‐year, except as permitted by Paragraph A. Option 1. .Service may not extend
beyond the term of the Agreement.
City requests that alone or in combination with requests of other Contracting Cities
equal at least 50% of an FTE will be charged at the rate in Column 1 below.
City requests that alone or in combination with other requests for Enhanced Control
Services equal 100% of an FTE will be charged at the rate in Column 2 below.
Cities may propose a different allocation approach for County consideration.
An FTE will be scheduled to serve 40 hour weeks, however, with loss of hours potentially
attributable to vacation, 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 commitment to purchase 20% of an FTE for enhanced service will result in
provision of not 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 all Contracting Cities sharing the services of that FTE.
Option 1 ‐ Example 1:
Aggregate of 50% of an FTE Requested by
all Participating Cities
Option1 ‐ Example 2:
Aggregate of 1 FTE Requested by all
Participating Cities
Cost to City: (% of Half‐Time FTE
requested) x $69,182/year in 2018
Example: if City A requests 25% of an
FTE ** and City B requests 25% of an
FTE**, then each city would pay $17,295for
Enhanced Control Services from July 1,
2018 through December 31, 2018 (6
months).
**(50% of a Half‐Time FTE)
Cost to City: ( % of FTE requested) x
118,152/year in 2018*
Example: If City A requests 25% of an FTE
and City B requests 25% of an FTE and
City C requests 50% of an FTE, Cities A
and B would pay $14,769and City C would
pay $29,538 for Enhanced Control Services
from July 1, 2018 through December 31,
2018 (6 months)
* This example is based on 2018 budgeted costs. Costs will be based on actual Service Year
budgeted costs.
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Document Dated 2-1-17 56
For Option 2:
On behalf of the City, the undersigned understands and agrees that the County will
confirm what services, if any, it can provide, and at what costs, by completing this
Attachment A, and the City must signify whether it accepts the County’s offer by signing
the Enhanced Services Contract.
Request Signed as of this ___ day of ________ , 201__.
City of _____________________________
By:_________________________________
Its _________________________________
To be completed by King County:
____ Option 1: The County hereby confirms its ability and willingness to provide
Enhanced Control services as requested by the City in this Attachment A, with
adjustments as noted below (if any):
The FTE Cost for the Service Year in which the City has requested service is:
$________.
____ Option 2: the County confirms its ability to provide control service overtime hours
as follows (insert description—days/hours):
Such overtime hours shall be provided at a cost of $___________________, (may be a
range) per service hour, with the actual cost depending on the individual(s)
assigned to work the hours, plus mileage at the federal reimbursement rate.
King County
By: ____________________________
Its_____________________________
Date:__________________________
121
Document Dated 2-1-17 57
Exhibit F
Enhanced Licensing Support Services – Terms of Service (Optional)
The County is prepared to offer enhanced licensing support to the City subject to the terms
and conditions described herein, between a City and the County having executed the
Enhanced Licensing Support Services Acknowledgement (“Acknowledgement”). The
provisions of this Exhibit are optional and shall not be effective unless this Exhibit is
executed by both the City and the County and both parties have entered into the
underlying Animal Services Interlocal Agreement (the “Agreement”).
A. Service Requests, Submittal: Requests for the County to provide Enhanced Licensing
Support Services should be made by submitting the Enhanced Licensing Support
Services Acknowledgment form (Attachment A to this Exhibit F) to the County
between June 30 and December 1 of the calendar year prior to year in which such
services are requested (“Service Year”). A separate Acknowledgment shall be
submitted for each Service Year, unless specified otherwise in the Acknowledgement
between the City and the County. The Acknowledgement form shall identify the
Revenue Target (the amount of licensing revenue estimated to be gained through
Enhanced Licensing Support Services) requested by the City.
B. County to Determine Service Availability: The County will determine whether it has
capacity to provide the requested service based on whether it has staff and other
resources available, and consistent with the priorities stated in Section 7.c of the
Agreement. The County may adjust the Licensing Revenue Target based on the
capacity of the County to fulfill the requested service.
C. Services Provided by County, Cost: The County will determine the licensing revenue
support activities it will undertake to achieve the Licensing Revenue Target. Activities
may include, but are not limited to canvassing, mailings, calls to non‐renewals. In
completing Attachment A to confirm its ability to provide enhanced licensing support
services to the City, the County shall identify the cost for such service for the applicable
Service Year or years if more than one year is requested. If the City accepts the
County’s proposed costs, it shall so signify by countersigning Attachment A.
D. Services Provided by City: Active participation by the City is an important success
factor in the overall pet licensing process. The City may, at the City’s additional cost,
engage in the following activities to help enhance the overall effectiveness of the
marketing effort:
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Document Dated 2-1-17 58
1. Include inserts regarding animal licensing in bills or other mailings as may be
allowed by law, at the City’s cost. The County may provide the design for the
insert and coordinate with the City to deliver the design on an agreed upon
schedule.
2. Dedicate volunteer/staff hours to help follow up on pet licenses that are not
renewed.
3. Provide representation at local public events to inform City residents about the
Animal Services Program and promote pet licensing.
4. Inform City residents about the Animal Services Program and promote pet
licensing utilizing print and electronic media including the city’s website, social
media, community brochures and newsletter ads/articles, signage/posters and pet
licensing applications in public areas of city buildings and parks.
5. Appoint a representative to serve on the Joint City‐County Collaboration
Committee marketing subcommittee; this representative shall attend the quarterly
meetings of the subcommittee and help shape and apply within the City the joint
advertising strategies developed by consensus of the subcommittee.
E. Selection of Licensing Revenue Target (RT) and Payment for Enhanced Licensing
Revenue Support:
1. For all Contacting Cities: The City will identify a proposed Licensing Revenue
Target (RT) in Attachment A. The County may propose an alternate Revenue
Target. If the Parties agree upon a Licensing Revenue Target, the County shall
identify its annual cost to provide service designed to achieve the target. County
cannot verify and does not guarantee a precise level of Licensing Revenues to be
received by the City as a result of these services. At Reconciliation, the City shall be
charged for licensing support service an amount not to exceed the cost specified
and agreed to in Attachment A (the “Licensing Revenue Charge”), regardless of the
amount of Licensing Revenue received by the City during the Service Year (see Exhibit D
of the Agreement for additional detail).
F. Other Terms and Conditions:
1. Before January 31 of the Service Year, for each City contracting for Enhanced
Licensing Support Services, the County shall submit an Enhanced Licensing
Support Services Marketing Plan for the upcoming season. The Marketing Plan
shall generally identify the various activities, scope, and scheduling to be
performed. The City and County shall mutually agree on the Marketing Plan.
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Document Dated 2-1-17 59
2. Each Party will provide the other with a periodic report of the services performed
during the Service Year.
3. Either Party may terminate this Contract with or without cause by providing not
less than a two (2) week advance written notice to the other Party; provided that all
County costs incurred to the point of termination remain chargeable to the City as
otherwise provided.
4. All terms of the Agreement, except as expressly stated otherwise herein, shall apply
to this Contract, and Capitalized Terms not defined herein have the meanings as set
forth in the Agreement.
G. Execution of Licensing Revenue Support Services Agreement and Acknowledgment
Form
Unless otherwise amended in writing, the Terms of Service noted above, if agreed,
shall be documented and acknowledged by the City and County by mutually
executing the Enhanced Licensing Support Services Acknowledgment form (Exhibit
F, Attachment A)
Exhibit F: Attachment A
ENHANCED LICENSING SUPPORT SERVICES ACKNOWLEDGEMENT FORM
Final terms subject to adjustment by County and agreement by City confirmed in writing, executed and
appended to the for Enhanced Licensing Support Services Terms of Service —Exhibit F of the Animal
Services Interlocal Agreement for 2018 Through 2022 (“the Agreement”) dated effective as of July 1, 2017.)
1. City _______________________________ Date of Request: _______________
2. Enhanced Licensing Support Services for Service Year: _____.
3. Licensing Revenue Target (the amount by which the City seeks to increase its
revenues in the Service Year): $__________
4. Contact person who will coordinate City responsibilities associated with delivery of
licensing support services:
Name:
Title:
Phone:
Email:
To be completed by King County:
124
Document Dated 2-1-17 60
The County agrees to provide the City enhanced licensing support services in Service Year
_____ intended to generate $______ (the “Licensing Revenue Target”) in additional
Licensing Revenue for a total Service Year cost of $_________, some or all of which cost
may be charged to the City in calculating the Enhanced Licensing Support Services
Charge, as further described in the Enhanced Licensing Support Services – Terms of
Service and Exhibit D of the Agreement.
IN WITNESS WHEREOF, the Parties hereto have caused this Contract for Licensing
Support Services to be executed, per the terms as specified in the Licensing Revenue
Support Agreement – Terms of Service, effective as of this ____day of _____, 20__.
King County City of ______________________
______________________________________ _____________________________________
By: By:
Date:_______________________ Date:_______________________________
125
Regional Animal Services of King County – 2018-2002 ILA
Summary of Key Provisions and changes from current ILA
Attachment A
1 DRAFT Updated January 30, 2017
Contract section Key Changes from 2016-2017 ILA
1.Definitions Updated
2. Services Description Updated - service start date to January 1, 2018
Exhibit A = Description of Services Edited to include other animal care providers beyond PAWS;
Removed reference to licensing support
Exhibit B = Control Districts & map Updated to reflect 24 contracting cities (altered the title to reflect
boundaries are for “operational” usage; costing to be done on
single district)
Exhibit E – (Optional) Enhanced
Services)
Minor edits
3. City Obligations (code adoption
Authorization, Cooperation/Licensing
Support)
Updated to clarify responsibilities of (4) cities who do not adopt
County code by reference
Update incudes reference to appeals and Hearing Examiner
4. Term
5 year term
Additional five year automatic extension
For automatic extension and termination - Clarified notification
process and added 14 day timeline for County notification
Opt out of automatic extension by providing notice by June 30,
2021
Contingent extension, if any city or cities opts out of the second
term, and the resulting cost impact to any remaining party is not
estimated to exceed 10%, the Agreement shall automatically
extend for a second five year term, to December 31, 2027
5. Latecomers Latecomers, allowed prior to the termination or expiration of
Agreement, but only if the additional party will not cause an
increase in any City’s net costs payable to the County or decrease
in services provided under this Agreement
6. Compensation 3 year rolling averages for calculating usage
Use a single district for purposes of allocating costs
Eliminate preliminary estimating
One payment/year
Retain shelter credits and Transition credits (No Licensing support
credits)
Exhibit C – Calculation of Estimated
Payments
Updated to reflect changes noted above
Exhibit C-1 2018 Estimated Payment
Calculation
Updated to reflect changes noted above
Exhibit C-2 Population, Calls for Service
and Licensing Data for Jurisdictions –
Used to Derive 2018 Payment
Calculation
Updated to reflect changes noted above
126
Regional Animal Services of King County – 2018-2002 ILA
Summary of Key Provisions and changes from current ILA
Attachment A
2 DRAFT Updated January 30, 2017
Contract section Key Changes from 2016-2017 ILA
Exhibit C-3 Calculation of Budgeted
Allocable Costs, Budgeted Total Non-
Licensing Revenue and Budgeted Net
Allocable Costs
Updated to reflect changes noted above
Exhibit C-4 Calculation and Allocation of
Transition Funding Credit and Shelter
Credit
Updated to reflect changes noted above
Removed references to Transition Funding Credits (removed)
Removed references to New Regional Revenue
Exhibit C-5 Licensing Revenue Support Deleted
Exhibit C-6 Summary of calculation
Periods for Use and Population
Components
Updated to reflect changes noted above
Exhibit C-7 Payment and Calculation
Schedule
Updated to reflect changes noted above
7. Reconciliation Jurisdiction revenue in excess of jurisdictions costs –used to
reduce County GF expenses – regional model support expenses –
not charged to model
For cities receiving credits, if more revenue is collected than
anticipated in revenue estimate, excess shall first be used to
reduce credits, unless otherwise determined by the County
Exhibit D Reconciliation Updated to reflect changes noted above
8. Regional Revenue Generation and
Licensing Revenue Support
Remove references to New Regional Revenue
Remove Licensing Credits (& Licensing Support Cities references)
Removed first come (request) basis. Include County option to
implement licensing support services for cities receiving shelter or
transition credits
Gives County discretion to implement enhanced licensing for cities
receiving credits
Exhibit C-5 Licensing Revenue Support To be Deleted
Exhibit F – (optional) Licensing Support Combined Attachment A to Exhibit F into one document. Update
to reflect changes noted above, including removing reference to
Exhibit C-5
9. Mutual Covenants/Independent
Contractor
No changes
10. Indemnification and Hold Harmless No changes
11. Dispute Resolution No changes
12. Joint City County Committee and
Collaborative Initiatives
Update to focus committee on revenues and costs and program
service lines (removed specific initiatives topics list “a-q”)
13. Reporting No changes
127
Regional Animal Services of King County – 2018-2002 ILA
Summary of Key Provisions and changes from current ILA
Attachment A
3 DRAFT Updated January 30, 2017
Contract section Key Changes from 2016-2017 ILA
14. Amendments Edited – removed “legislative bodies” reference.
Note:
The intent of this language is to not be overly prescriptive - in requiring
legislative approval. Each jurisdiction can determine for itself what level of
authority it has or needs in order to approve an amendment the
contracting parties (66% majority) agree on.
This language is written so contracting parties would not be “required” to
seek their council’s approval, if their individual process allows for it, when
a ministerial change or edit that does not have significant or substantive
impact is agreed upon by a (66%) majority of the contracting parties.
15. General Provisions No changes
15. Terms to Implement Agreement Deleted from ILA – not applicable for this ILA
16. Administration No changes (section numbering revised)
128
Regional Animal Services of King County
1 2018‐2022 RASKC ILA 1/30/17
Attachment B ‐ RASKC District Map
(* 3 Districts are for operational purposes)
*Note: 3 districts are for operational purposes; cost allocation is calculated combining districts into one)
RASKC Partner City List
District 200 (North) District 220 (East) District 500 (South)
Carnation Town of Beaux Arts Black Diamond
Duvall Bellevue Covington
Kenmore Clyde Hill Enumclaw
Lake Forest Park Issaquah Kent
Redmond Mercer Island Maple Valley
Sammamish Newcastle SeaTac
Shoreline North Bend Tukwila
Woodinville Snoqualmie
Yarrow Point
All the districts include the surrounding unincorporated King County
129
Regional Animal Services of King County -DRAFT C-1
Note: Estimated for Precommittment period based on most current data. 2018 Final Estimated Payment Calculation will be issued per the terms of the 2018 ILA Regional Animal Services of King County
Draft 1-20-17
Field Cost Shelter Cost Licensing Cost Total Cost
(a)(b)(c)a+b+c = (d)(e)e - d = (f)(g)(h)f + g + h = (i)
Beaux Arts 447$ 188$ 281$ 917$ $1,271 354$ -$ 354$
Bellevue 165,398$ 186,770$ 95,183$ 447,350$ $373,682 (73,668)$ -$ (73,668)$
Black Diamond 9,188$ 18,017$ 4,031$ 31,236$ $15,765 (15,471)$ 5,816$ (9,655)$
Carnation 4,628$ 4,837$ 1,743$ 11,207$ $7,999 (3,208)$ 552$ (2,656)$
Clyde Hill 3,210$ 2,534$ 1,996$ 7,741$ $7,448 (293)$ -$ (293)$
Covington 61,463$ 109,168$ 17,754$ 188,385$ $88,655 (99,730)$ 52,621$ (47,109)$
Duvall 13,708$ 11,401$ 6,125$ 31,233$ $25,031 (6,202)$ -$ (6,202)$
Enumclaw 41,052$ 51,268$ 10,293$ 102,614$ $45,077 (57,537)$ 26,546$ (30,991)$
Issaquah 63,302$ 40,710$ 19,444$ 123,455$ $72,357 (51,098)$ -$ (51,098)$
Kenmore 47,880$ 14,016$ 19,017$ 80,913$ $90,879 9,966$ -$ 9,966$
Kent 328,893$ 860,393$ 77,478$ 1,266,764$ $356,270 (910,494)$ 547,583$ (362,911)$
Lake Forest Park 24,688$ 8,126$ 11,372$ 44,185$ $44,144 (41)$ -$ (41)$
Maple Valley 61,112$ 71,308$ 21,307$ 153,727$ $94,772 (58,955)$ 6,027$ (52,928)$
Mercer Island 21,488$ 22,208$ 14,911$ 58,607$ $56,155 (2,452)$ -$ (2,452)$
Newcastle 20,060$ 14,315$ 7,770$ 42,144$ $34,419 (7,725)$ -$ (7,725)$
North Bend 13,348$ 15,151$ 6,363$ 34,863$ $24,262 (10,601)$ 1,376$ (9,225)$
Redmond 67,148$ 70,494$ 34,638$ 172,280$ $128,550 (43,730)$ -$ (43,730)$
Sammamish 64,870$ 59,289$ 40,364$ 164,524$ $156,757 (7,767)$ -$ (7,767)$
SeaTac 91,581$ 237,977$ 13,430$ 342,989$ $43,288 (299,701)$ 146,076$ (153,625)$
Shoreline 111,659$ 34,532$ 38,389$ 184,580$ $143,418 (41,162)$ -$ (41,162)$
Snoqualmie 18,983$ 20,483$ 8,319$ 47,786$ $32,462 (15,324)$ -$ (15,324)$
Tukwila 68,213$ 177,656$ 9,487$ 255,356$ $32,550 (222,806)$ 112,017$ (110,789)$
Woodinville 18,015$ 7,266$ 8,119$ 33,400$ $32,487 (913)$ -$ (913)$
Yarrow Pt 1,079$ 653$ 734$ 2,465$ $2,719 254$ -$ 254$
Unincorp. King County 658,097$ 921,327$ 217,965$ 1,797,389$ 860,267$ (937,122)$ -$ (937,122)$
Total 1,979,509$ 2,960,088$ 686,512$ 5,626,109$ 2,770,684$ (2,855,425)$ 898,614$ -$ (1,956,811)$
Summary Field Cost Shelter Cost Licensing Cost Total Cost Total Cost Reduction
Budgeted Total Allocable Cost 2,121,959$ 3,088,288$ 763,512$ 5,973,759$ 140,191$
Budgeted Non-Licensing Reve 142,450$ 128,200$ 77,000$ 347,650$
Budgeted New Regional Reve -$ -$ -$ -$
Budgeted Net Allocable Cost 1,979,509$ 2,960,088$ 686,512$ 5,626,109$
*Pet License assumption based on 2016 Actual (Preliminary)
2018 BIC 6,113,950$
Jurisdiction
2018 Estimated Payment Calculation (Draft)
Cost Allocation Pet Licensing
Revenue*Credits Net Final Cost
Enhanced
Licensing Net
Revenue (est'd)
Estimated Net
Cost
130
Regional Animal Services of King County – 2018-2002 ILA
Attachment D - Benefits of a Regional Animal Services System
1 January 30, 2017
Effective and Efficient Service
Provide equity of service, consistent level of service, common regulatory approach, and support humane animal
care across the region.
Centralization efficiency and effectiveness in:
o Serving as a single access point for residents for animal related issues
o Providing a centralized database of historical and current information, regarding residents, location and
animal data related to pet licensing and animal control activities
o An economy of scale to provide a full range of services and the ability to respond to large scale issues,
efficiency in operations, database administration, staff training, etc.
Reducing demands on individual jurisdictions:
o Communications from the media, advocacy groups and other interested parties on animal issues (e.g.
public disclosure requests)
o Local police agencies to focus on traditional law enforcement instead of civil animal nuisances and
offenses
o Local court systems do not deal with animal related civil appeal processes
o Local jurisdictions are not involved in court proceedings for Superior Court appeals of actions or lawsuit
response
Builds economies of scale to provide a full range of services, making it less expensive to develop operations,
training, licensing and care programs than it would be for cities to duplicate similar levels of services at the local
level.
Supports low-cost spay and neuter programs which are key to reducing the population of homeless animals and
thus reducing the costs of the system over time.
Use of volunteers and partnerships with private animal welfare groups increases humane animal treatment with
minimal public cost. In 2015, volunteers contributed over 90,000 hours of support to the County animal services
system as foster parents or providing direct adoptable animal care, equivalent to 45 FTEs.
Customer Service
Provides a single access point for residents seeking animal control help.
A regional, uniform pet licensing program that is easier for the public to access and understand, with a broad
range of accompanying services to encourage licensing; marketing, partnering with third parties to encourage
license sales, and database management.
Online licensing sales increase the ease of compliance for pet owners.
Pet Adoption Center is open and provides lost pet and adoption services 7 days a week.
131
Regional Animal Services of King County – 2018-2002 ILA
Attachment D - Benefits of a Regional Animal Services System
2 January 30, 2017
Public Health and Safety
Provides the ability to identify and respond to public health issues related to animals, such as rabies, on a
regional basis and coordinate activities with Seattle King County Public Health
Reduces animal health and public health threats through routine vaccination of animals before release (e.g.
Rabies).
Scale provides capacity to handle unusual and multi-jurisdictional events involving animals that often require
specialized staff, such as: cruelty investigations, animal hoarding, loose livestock, dog-fighting, animal necropsies
and quarantine, holding of animals seized in criminal cases and retrieval of deceased animals from the
communities.
Provides consistent and knowledgeable field services to over 5,300 callers per year. Calls are dispatched on a
prioritized basis. Emergency response field services are available 24 hours per day.
Animal Welfare
Animals find new homes and are not euthanized for capacity. Euthanasia rates have been reduced down to
12% in 2015, an amazing accomplishment for a public shelter.
Engages hundreds of animal loving residents through the foster home program and other volunteer programs
(on-site and adoption events).
Provides regional response to animal cruelty cases working closely with jurisdictional law enforcement.
Provides regional preparedness planning and coordination with the King County Office of Emergency
Management for emergency and disaster response.
Provides regional capacity for seasonal events (annual new born kitten season).
The RASKC Benefit donation fund allows county employees and private donors to contribute to the
extraordinary care of animals—these services, such as veterinary specialists or orthopedic surgery, are typically
not publicly funded and are not usually available in publicly funded animal service programs.
132
Regional Animal Services of King County
2018 Inter‐local Agreement
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133
Introduction – Presentation
Overview
I.Overview of Regional Animal Services
II.Overview of current (2015‐2017) ILA
III.2018 ILA – Changes from current ILA
IV.Timeline
V.Q/A
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134
Overview
Regional Animal Services of King County
(RASKC) serves 25 cities and unincorporated
King County
─1 million residents
─Estimated 500k animals
─1100 square miles
RASKC mission: “Provide King County with
sustainable, cost effective services that
protect people and animals, while providing
humane animal care.”
Current ILA (is a 2 year extension of 2013‐
2015 ILA; covering 2016 and expires at the
end of 2017)
RASKC provides for 3 core services and
ancillary support for regional program
Core Services
─Field Services
─Shelter Services
─Licensing Services
Ancillary support of the regional program
include;
─Responding to (300+ annual) public
disclosure requests;
─Responding to media and constituent
inquiries and requests;
─Adjudicating civil infractions;
─Conducting animal cruelty investigations
─(See “Benefits of Regional Animal Services
Program” for more information)
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135
Benefits of a Regional Animal
Service System
Ensuring equity of service, consistent level of service, common regulatory approach, and support of
humane animal care throughout the RASKC jurisdiction
Centralization efficiency and effectiveness ‐Serving as a single access point for residents; Providing a
centralized database of historical and current information, regarding residents, location and animal
data related to pet licensing and animal control activities; An economy of scale to provide a full range
of services and the ability to respond to large scale issues, efficiency in operations, databases, training,
etc.
Reducing demands on individual jurisdictions:
◦Communications from the media, advocacy groups and other interested parties on animal issues
(e.g. public disclosure requests)
◦Local police agencies to focus on traditional law enforcement instead of civil animal nuisances and
offenses
◦Local court systems do not deal with animal related civil appeal processes
◦Local jurisdictions are not involved in court proceedings for Superior Court appeals of actions or
lawsuit response
Provides the ability to identify, coordinate with Seattle King County Public Health, and respond to
public health issues related to animals
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136
Services: Field
•3 districts; North, East, South (see map)
•Over 5,100 calls for service/year (priority 1‐5)
•Prioritized calls (1 ‐5) for response
─Priority 1 emergent threat to human
─Priority 2 emergent threat to animal
─Priority 3 potential threat (human or animal)
─Priority 4 non‐emergency
─Priority 5 nuisance
•Priority 6 calls are Informational only and not included for cost allocation
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137
1/30/17 DRAFT 6
RASKC District Map (* 3 Districts are for operational purposes)
*Note: 3 districts are for operational purposes; cost allocation is calculated combining districts into one)
138
RASKC Partner City List
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District 200 (North) District 220 (East) District 500 (South)
Carnation Town of Beaux Arts Black Diamond
Duvall Bellevue Covington
Kenmore Clyde Hill Enumclaw
Lake Forest Park Issaquah Kent
Redmond Mercer Island Maple Valley
Sammamish Newcastle SeaTac
Shoreline North Bend Tukwila
Woodinville Snoqualmie
Yarrow Point
All the districts include the surrounding unincorporated King County
139
Services: Shelter
◦The Shelter had over 4,200 animal intakes
•Kenneling, veterinary care, lost pet reuniting and adoptions of animals
•Services provided year round at Kent and Eastside Pet Adoption Centers
•Shelter services supported by more than 500 active volunteers; tens of
thousands of hours of support nuturing animals for adoption
•2465 adoptions, 783 RTOs, 606 transfers for care
•837 animals (2016) placed in foster care homes
•Shelter Euthanasia rate at all time low (2016 = 11%, 2015 = 12%),
including owner‐requested euthanasia services
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140
1/30/17 DRAFT 9
2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016
Euthanasia Rate 48.7% 45.4% 40.2% 39.8% 34.8% 21.1% 17.6% 16.5% 14.3% 13.6% 13.7% 12.8% 12.0% 11%
48.7%
45.4%
40.2%39.8%
34.8%
21.1%
17.6%16.5%
14.3%13.6%13.7%12.8%12.0%11%
0.0%
10.0%
20.0%
30.0%
40.0%
50.0%
60.0%
PE
R
C
E
N
T
OF
IN
T
A
K
E
Shelter Euthanasia Rate ‐KCAC & RASKC
141
Services: Licensing
•Operations and maintenance of unified system to license pets
•100k pets licensed in program
•450 contract sales and licensing promotion partners
•Partner with cities on marketing
─Community events
─Mailing programs
─Robust web and social media presence
─Neighborhood marketing (canvassing)
─2015 $1 expenditure on canvassing; returned $2.02
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142
RASKC (2017‐2018) Projected
Revenue Sources
1/30/17 DRAFT 11
Revenue Source Amount
Pet Licensing Revenue $6,073,414
Pet Licensing Late Fees $160,000
Animal Adoption Fees $150,000
Animal Business Licensing $3,000
Civil Penalties/Pet License Fines $220,000
Miscellaneous Fees $240,800
City Payment for Services $1,658,002
City Rebate ($12,000)
Enhanced Services $511,226
General Fund $5,090,441
Animal Bequest Fund (Donations) $380,000
Total Revenues $14,474,883
143
Overview of County Contribution
to RASKC Program
•$5.26 million County General Fund support for animal services
as follows in the Two year 2015‐2016 budget:
─$1.6 million KC expense as a member/user of services (approximately
1/3 of all intakes, calls and licenses sold are Uninc. KC).
─$3.6 million KC expense to support the program in two areas:
$1.8 million KC sponsored support of primarily high shelter intake cities from
south KC.; and
$1.8 million KC funded items not included in RASKC model for:
a.enhancing the shelter outcomes of animals and supporting the low euthanasia
goal of RASKC
b.county central service rates/expenses increased outside of model 2015/2016
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144
ILA cost allocation model
•Services provided under the contract are divided into three categories:
control (officers responding to events in the field); shelter; and licensing.
•Cities must purchase all three services. Costs of animal services are
allocated among the parties based on two factors: population (20%) and
system use (80%).
•All pet licensing revenues are credited to the jurisdiction in which they are
generated as an offset against costs otherwise payable, except that revenues
received in excess of costs are used to reduce the county costs that are not
passed on to cities
•Overall model cost growth is limited each year to CPI + population growth
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145
ILA cost allocation model:
Control (field) Services costs are allocated a share of Control costs based 80%
on the Party’s relative share of total Calls for Service and 20% on its relative
share of total population served.
Shelter Services costs are allocated among all Contracting Parties based 20%
on their relative population and 80% on the total shelter intake of animals
attributable to each Contracting Party, except that Cities contracting for shelter
services with PAWS (or other non‐RASKC shelter) pay only a population‐based
charge.
Licensing Services costs are allocated among all Contracting Parties based 20%
on their relative population and 80% on the number of licenses issued to
residents of each Contracting Party.
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146
Summary of changes from
2016‐2017 ILA
Services, Service levels and Field Districts to remain the same
Cost allocation methodology to remain essentially the same (80% based on
service usage, 20% based on jurisdiction population; change to simplified
Field usage (1 district for cost allocation vs. 3 utilized for operational
purposes) and all usage measures are based on a 3 year rolling average
5 year term (effective January 1, 2018 –through December 31, 2022)
Additional five year automatic extension; Opt out of automatic extension by
providing notice by June 30, 2021. Clarified notification process and added
14 day timeline for County to provide notification to others.
Contingent extension, if any city or cities opts out of the second term, and
the resulting cost impact to any remaining party is not estimated to exceed
10%, the Agreement shall automatically extend for a second five year term,
to December 31, 2027 subject to agreement adjusting the ILA as necessary
based on parties departing the system.
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147
Summary of changes from
2016‐2017 ILA
Latecomers are allowed prior to the termination or expiration of
Agreement, but only if the addition will not cause an increase any City’s
net costs payable to the County or decrease in service levels provided
under this Agreement.
Retain shelter and transition credits (reallocate based on 3‐year average
of intakes); No Licensing support credits.
Jurisdiction revenue in excess of jurisdictions costs will be used to
reduce regional model support expenses that are now County General
Fund expenses that are not charged to model.
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148
Summary of changes from
2016‐2017 ILA
Kirkland has informed the County of their intent to depart the regional
model, at the end of the current term (2017)
50% of the projected resulting cost impact ($140k) is mitigated by King
County making program cost reductions that do not impact service
delivery
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149
Timeline: 2018 ILA Contracting
Milestones
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Date Item Description
By September 1, 2016 Draft Agreement in Principle completed
By December 31, 2016 Cities confirm Non‐Binding Mutual Interest based on Agreement in
Principle
By December 31, 2016 County provides draft contract –based on Agreement in Principle
January 2017 Cities and County meet; finalize cost allocation and contract changes
based on cities providing non‐binding intent to contract
By March 30, 2017 Cities provide notice to County of final intent to contract
By June 1, 2017 City Councils approve contract
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Questions
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FINANCE DEPARTMENT
Aaron BeMiller, Director
Phone: 253-856-5260
Fax: 253-856-6255
Address: 220 Fourth Avenue S.
Kent, WA. 98032-5895
DATE: March 7, 2016
TO: Operations Committee
FROM: Aaron BeMiller, Director
SUBJECT: City of Kent Investment Policy - Recommend
MOTION: Recommend Council adopt an ordinance that repeals and
replaces Chapter 3.02 of the Kent City Code, entitled “Investment Policy.”
SUMMARY: This Ordinance will repeal the current language in Kent City Code
(KCC) 3.02 “investment policy” and replace/amend the code with the new language
in this Ordinance. The Washington State Investment Board (WSIB) has made
available new types of investment opportunities in which governments can invest
funds. This Ordinance provides for those new opportunities and gives guidance to
the City, and current and/or potential new investment advisors, on allowable
investments.
The overall investment strategies/objectives for the City are:
1. Safety of the principal amount invested,
2. Liquidity to allow the City to meet payment obligations, and
3. Yield or investment returns of the City’s portfolio.
These three guiding principles will continue to determine the size and make-up of
the City’s investment portfolio.
The new investment language/policy has been unanimously approved and certified
by the Washington Public Treasurers Association (WPTA).
BUDGET IMPACT: N/A
BACKGROUND:
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1 Amend Chapter 3.02 KCC -
Re: Investment Policy
ORDINANCE NO.
AN ORDINANCE of the City Council of the
City of Kent, Washington, repealing and readopting
Chapter 3.02 of the Kent City Code, entitled
“Investment Policy” to establish the investment
objectives, delegation of authority, standards of
prudence, eligible investments and transactions,
internal controls, reporting requirements and
custodial procedures necessary for the prudent
management and investment of the funds of the
City.
RECITALS
A. The City’s current investment policy for City investments, set
forth in the Kent City Code Chapter 3.02, was last amended in 2012.
B. Since 2012, changes in federal and state law affect the way
the City can invest its funds.
C. The Council desires to repeal Chapter 3.02 and adopt a new
Chapter 3.02 to reflect changes in federal and state law.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
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2 Amend Chapter 3.02 KCC -
Re: Investment Policy
ORDINANCE
SECTION 1. – Repealer – Chapter 3.02 KCC, “Investment Policy”.
Chapter 3.02 of the Kent City Code entitled “Investment Policy” is repealed
in its entirety.
SECTION 2. – Adoption – Chapter 3.02 KCC, “Investment Policy”.
Title 3 of the Kent City Code is amended to adopt a new chapter, Chapter
3.02, entitled “Investment Policy,” as follows:
CHAPTER 3.02
INVESTMENT POLICY
Sec. 3.02.010. Policy. It is the policy of the city to invest public
funds in a manner that safeguards and protects the principal of the city’s
investments, provides liquidity in meeting daily cash flow, and provides
the highest return possible through budgetary and economic cycles. All
investment activity will be in compliance with chapter 35.39 RCW “Fiscal -
Investment of funds,” chapter 39.59 RCW “Public Funds – Authorized
investments,” and any other statutes or regulatory requirements, such as
Internal Revenue Codes, which may apply.
The purpose of this Investment Policy is to establish the investment
objectives, delegation of authority, standards of prudence, eligible
investments and transactions, internal controls, reporting requirements
and custodial procedures necessary for the prudent management and
investment of the funds of the city.
Sec. 3.02.020. Definitions. The following words, terms, and
phrases, when used in this chapter, shall have the meanings ascribed to
them in this section, except where the context clearly indicates a different
meaning:
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3 Amend Chapter 3.02 KCC -
Re: Investment Policy
A. Banker’s Acceptance means a draft bill or exchange accepted by a
bank or trust company. The accepting institution guarantees payment of
the bill as well as the issuer.
B. Broker means someone who brings buyers and sellers together for a
commission paid by the initiator of the transaction or by both sides;
he/she does not position. In the money market, brokers are active in
markets in which banks buy and sell money and in interdealer markets.
C. Collateral means securities, evidence of deposit or other property
which a borrower pledges to secure repayment of a loan. This also refers
to securities pledged by a bank to secure deposits of public monies.
D. Certificate of Deposit (CD) means a time deposit with a specific
maturity evidenced by a certificate. Large-denomination CD's are typically
negotiable.
E. Coupon means (a) the annual rate of interest that a bond's issuer
promises to pay the bondholder on the bond's face value; or (b) a
certificate attached to a bond evidencing interest due on a payment date.
F. Commercial Paper means short-term, negotiable, unsecured
promissory notes. The credit of the issuer stands behind the paper. There
are some issuers that put up assets as security for the issue, these are
assetbacked.
G. Dealer means one who, as opposed to a broker, acts as a principal
in all transactions, buying and selling for his/her own account.
H. Delivery Versus Payment means the delivery of securities with an
exchange of money for the securities. Delivery versus receipt is the
delivery of securities with an exchange of a signed receipt for the
securities.
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4 Amend Chapter 3.02 KCC -
Re: Investment Policy
I. Discount means the difference between the cost price of a security
and its value at maturity when quoted at lower than face value. A security
selling below original offering price shortly after sale also is considered to
be at a discount.
J. Discount Securities means non-interest bearing money market
instruments that are issued at a discount and redeemed at maturity for
full face value, e.g., U.S. Treasury bills.
K. Diversification means dividing investment funds among a variety of
securities offering independent returns.
L. Federal Credit Agencies means agencies of the federal government
set up to supply credit to various classes of institutions and individuals,
e.g., savings and loans, small business firms, students, farmers, farm
cooperatives and exporters.
M. Federal Reserve Bank System means the central bank of the United
States created by Congress and consisting of a seven member Board of
Governors in Washington, D.C., twelve (12) Regional Banks and about
5,700 commercial banks that are members of the system.
N. Federal Deposit Insurance Corporation (FDIC) means a federal
agency that insures bank deposits, currently up to $100,000 per deposit.
O. Federal Home Mortgage Corporation (FHLMC) means a public
chartered agency that buys residential mortgages from lenders, packages
them into new securities backed by those pooled mortgages, provides
certain guarantees and then, resells the mortgage-backed securities on
the open market. Shares of FHLMC stock are publicly traded on the New
York Stock Exchange. The corporation is nicknamed Freddie Mac.
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5 Amend Chapter 3.02 KCC -
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P. Federal Home Loan Banks (FHLB) means the institutions that
regulate and lend to savings and loan associations. The FHLBs play a role
analogous to that played by the Federal Reserve Banks vis-a-vis member
commercial banks.
Q. Federal National Mortgage Association (FNMA) means the federal
corporation working under the auspices of the Department of Housing and
Urban Development. Nicknamed “Fannie Mae,” FNMA was chartered under
the Federal National Mortgage Association Act in 1938. It is the largest
single provider of residential mortgage funds in the United States. FNMA is
a private stockholder-owned corporation. The corporation's purchases
include a variety of adjustable mortgages and second loans in addition to
fixed-rate mortgages. FNMA's securities are also highly liquid and are
widely accepted. FNMA assumes and guarantees that all security holders
will receive timely payment of principal and interest.
R. Liquidity means a liquid asset that can be converted easily and
rapidly into cash without a substantial loss of value.
S. Market Value means the price at which a security is trading and
could presumably be purchased or sold.
T. Master Repurchase Agreement means a written contract covering all
future transactions between the parties to repurchase/reverse repurchase
agreements that establish each party's rights in the transactions. A master
agreement will often specify, among other things, the right of the
buyer-lender to liquidate the underlying securities in the event of a default
by the seller-borrower.
U. Maturity means the date upon which the principal or stated value of
an investment becomes due and payable.
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6 Amend Chapter 3.02 KCC -
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V. Money Market means the market in which short-term debt
instruments (bills, commercial paper, bankers' acceptances, etc.) are
issued and traded.
W. Portfolio means a collection of securities held by an investor.
X. Rate of Return means the yield obtainable on a security based on its
purchase price or its current market price. This may be the amortized yield
to maturity on a bond or the current income return.
Y. Repurchase Agreement means a holder of securities sells these
securities to an investor with an agreement to repurchase them at a fixed
price on a fixed date. The security "buyer" in effect lends the "seller"
money for the period of the agreement, and the terms of the agreement
are structured to compensate him/her for this. Dealers use repurchase
agreements extensively to finance their positions. Exception: When the
federal reserve is said to be doing a repurchase agreement, it is lending
money, that is, increasing bank reserves.
Z. Safekeeping means a service to customers rendered by banks for a
fee whereby securities and valuables of all types and descriptions are held
in the bank's vaults for protection.
AA. Secondary Market means a market made for the purchase and sale
of outstanding issues following the initial distribution.
BB. Supranational Bonds means bonds issued by international financial
institutions that are generally established by agreements among nations,
with member nations contributing capital and participating in
management.
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7 Amend Chapter 3.02 KCC -
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CC. Treasury Bills means a non-interest bearing discount security issued
by the U.S. Treasury to finance the national debt. Most bills are issued to
mature in three (3) months, six (6) months, or one (1) year.
DD. Treasury Bond means a long-term U.S. Treasury security having
initial maturities of more than ten (10) years.
EE. Treasury Notes means an intermediate term coupon bearing U. S.
Treasury securities having initial maturities from one (1) to ten (10) years.
FF. Yield means the rate of annual income return on an investment,
expressed as a percentage. “Income Yield” is obtained by dividing the
current dollar income by the current market price for the security. “Net
Yield” or “Yield to Maturity” is the current income yield minus any
premium above par or plus any discount from par in purchase price, with
the adjustment spread over the period from the date of purchase to the
date of maturity of the bond.
Sec. 3.02.030. Scope and Objectives.
A. Scope. The city commingles its funds to maximize investment
earnings and to increase efficiencies with regard to investment pricing,
safekeeping, and administration. Investment income will be allocated to
the various funds based on their respective participation and in accordance
with generally accepted accounting principles. The city maintains the right
to separate certain funds and exclude them from the scope of this policy.
Investment funds may include:
1. General Fund
2. Special Revenue Funds
3. Debt Service Funds
4. Capital Project Funds
5. Enterprise Funds (water, sewerage, golf course)
6. Internal Services Funds
7. Public Facilities Funds
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8 Amend Chapter 3.02 KCC -
Re: Investment Policy
8. Any new fund created by the city council, unless specifically
exempted
B. Objectives. The primary objectives, in priority order, of the city's
investment activities shall be safety, liquidity, and return on investment.
1. Safety. Safety of principal is the foremost objective of the
city’s investment policy. city investments shall be made in a manner that
seeks to ensure the preservation of capital in the overall portfolio. To
mitigate credit and interest rate risk, investment decisions shall be
undertaken in a manner that seeks to ensure the preservation of capital in
the overall portfolio.
a. Credit risk. This is the risk of loss due to the financial
failure of the security issuer or backer. The city will minimize credit risk
by:
(1) Limiting exposure to poor credits and
concentrating the investments in the safest types of securities.
(2) Diversifying the investment portfolio so that
potential losses on individual securities will be minimized; and
(3) Actively monitoring the investment portfolio
holdings for rating changes, changing economic market conditions, etc.
(4) Credit rating downgrade. If the credit rating of a
security is subsequently downgraded below the minimum rating level for a
new investment of that security, the Finance Director shall evaluate the
downgrade on a case-by-case basis in order to determine if the security
should be held or sold. The Finance Director will apply the general
objectives of safety, liquidity, and return to make the decision.
b. Interest rate risk. This is the risk that the market value
of securities in the portfolio will fall due to increases in general interest
rates. The city will mitigate the interest rate risk by:
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9 Amend Chapter 3.02 KCC -
Re: Investment Policy
(1) Structuring the investment portfolio so that
securities mature to meet cash requirements, when known, for ongoing
operations, thereby avoiding the need to sell securities on the open
market prior to maturity;
(2) Investing liquidity funds primarily in short-term
instruments (i.e., investments maturing in less than one year); and
(3) Investing excess liquidity funds in a manner that
is consistent with the established risk/return objectives of this policy
within the stated maximum weighted average maturity constraint.
2. Liquidity. The city's investment portfolio will remain
sufficiently liquid to enable the city to meet all reasonably anticipated
operating requirements. This will be accomplished by either maintaining a
portion of the portfolio in investment vehicles offering daily liquidity at
face value, such as the Washington State Local Government Investment
Pool (LGIP) or structuring the portfolio so that securities mature
concurrently with cash needs to meet anticipated demands. Because all
possible cash demands cannot be anticipated, the portfolio should consist
largely of securities with active secondary or resale markets.
3. Return on investment. The city's investment portfolio shall
be designed with the objective of attaining a market rate of return
throughout budgetary and economic cycles, taking into account the city’s
investment risk constraints, the cash flow characteristics of the portfolio,
and earnings relative to the State of Washington LGIP. Return on
investment is of lesser importance compared to the safety and liquidity
objectives described above.
Sec. 3.02.040. Standards of care and ethics.
A. Prudence. The standard of care to be used by investment officials
shall be the "Prudent Person" standard and shall be applied in the context
of managing an overall portfolio under prevailing economic conditions at
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10 Amend Chapter 3.02 KCC -
Re: Investment Policy
the moment of investment commitments. Investment officers acting in
accordance with written procedures and exercising due diligence shall be
relieved of personal responsibility for an individual security's credit risk or
market price changes, provided deviations from expectations are timely
reported and appropriate action is taken to control adverse
developments.
The “Prudent Person” standard requires that investments be made with
judgment and care, under circumstances then prevailing, that a person of
prudence, discretion and intelligence would exercise in the management of
his or her own affairs, not for speculation, but for investment, considering
the probable safety of capital as well as the probable income to be
derived.
B. Ethics and conflict of interest. Investment officials will recognize
that the investment portfolio is subject to public review and evaluation.
The overall program will be designed and managed with a degree of
professionalism that is worthy of the public trust.
Officers and employees involved in the investment process shall refrain
from knowingly engaging in personal business activity that could conflict
with proper execution of the investment program, or that could impair
their ability to make impartial investment decisions. Employees and
investment officials responsible for investment transactions shall disclose
to the Mayor any material financial interests in financial institutions that
conduct business within this jurisdiction. They shall further disclose any
large personal financial/investment positions that could be related to the
performance of the city's portfolio. Employees and officers shall
subordinate their personal investment transactions to those of the city,
particularly with regard to the time of purchases and sales.
Sec. 3.02.050. Delegation of authority and responsibilities.
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11 Amend Chapter 3.02 KCC -
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A. Governing body. The city council as the governing body will retain
ultimate fiduciary responsibility for the portfolio. The city council will
receive quarterly reports, designate an investment officer, and review and
adopt any changes to the investment policy.
B. Investment Officer. The Finance Director (or his/her designee) is
the Investment Officer of the city. No person may initiate investment
transactions on behalf of the Investment Officer without the express
written consent of the Investment Officer.
The Finance Director shall be responsible for oversight of the investment
program and shall help establish the investment strategies applicable to all
investments of funds held by or belonging to the city, its agencies and
departments.
C. Investment advisor. The city may engage the services of an
external investment advisor to assist in the management of the city’s
investment portfolio in a manner consistent with the city’s objectives.
Such external advisors may be granted non-discretionary authority to
purchase and sell investment securities in accordance with this Investment
Policy. Such advisors must be registered under the Investment Advisers
Act of 1940.
Sec. 3.02.060. Authorized investments, diversification,
maturities and collateralization.
A. Authorized investments. The city is authorized by this chapter and
empowered by statute (including, without limitation, RCW 39.59.020,
39.59.030, 43.84.080, and 43.250.040, including all future amendments)
to invest in various securities, including, without limitation, the following:
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12 Amend Chapter 3.02 KCC -
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Type of Investment Definition
LGIP State law allows cities to utilize the
resources of the State Treasurer to
maximize the potential surplus funds while
ensuring the safety of public funds. A
state investment pool has been designated
to meet this function.
US Treasury Obligations Certificates, notes, bonds, or strips of the
United States, or other obligations of the
United States or its agencies, or of any
corporation wholly owned by the
government of the United States.
GSE-Agency Securities Obligations of Government Sponsored
Enterprises (GSEs) which are eligible as
collateral for advances to member banks
as determined by the Board of Governors
of the Federal Reserve System. (These
include but are not limited to Federal Home
Loan Bank notes and bonds, Federal
National Mortgage Association notes,
Federal Home Loan Mortgage Corporation
and Federal Farm Credit Bank bonds.)
Repurchase Agreements Repurchase agreements for securities
provided that the transaction is structured
so that the city obtains control over the
underlying securities. If repurchase
agreements are utilized, a Master
Repurchase Agreement must be signed by
the Finance Director with the transacting
bank or dealer. Additionally, the collateral
must meet the authorized investment and
maturity constraints of this policy.
Bankers’ Acceptance Bankers' acceptances purchased on the
secondary market which have at the time
of investment the highest credit rating by a
minimum of two recognized rating
agencies (RCW 43.84.080(4)).
Commercial Paper Commercial paper provided that the
Finance Director adheres with the policies
and procedures of the State Investment
Board regarding commercial paper
(RCW 43.84.080(7)); the exception is that
the City will not allow Asset Backed
commercial paper. Commercial paper not
to have maturities exceeding 270 days.
Commercial paper must be purchased on
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13 Amend Chapter 3.02 KCC -
Re: Investment Policy
the secondary market and not directly from
issuers. Commercial paper and corporate
notes combined must not exceed more
than 25% of the total assets of the
portfolio.
Certificates of Deposit/Bank
Deposits/Saving
Investment deposits including certificates
of deposit, with qualified public
depositories as defined by RCW
39.58.010(2) and in accordance with the
restrictions therein.
Bonds of the State of
Washington
Bonds of the State of Washington and any
local government in the State of
Washington, which bonds are rated A- or
better at the time of investment by a
nationally recognized rating agency.
General Obligation Bonds of a
State Other than Washington
General obligation bonds of a state other
than the State of Washington and general
obligation bonds of a local government of a
state other than the State of Washington,
which bonds are rated A- or better at the
time of investment by a nationally
recognized rating agency.
Corporate Notes Corporate Notes rated A- or better at the
time of investment by all nationally
recognized rating agencies that rate the
security, subject to the current policies and
procedures of the State Investment Board
regarding Corporate Notes. Corporate
notes “A-, A, or A+” with a negative
outlook may not be purchased. If securities
are downgraded below these minimum
levels after purchase, they are considered
permissible and the securities may be held
or sold. Corporate notes must be
purchased in the secondary market and
not directly from the issuer.
Supranational Bonds Supranational bonds issued by
international financial institutions that are
generally established by agreements
among nations, with member nations
contributing capital and participating in
management. The City may only buy
bonds that have the U.S. as their largest
shareholder.
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14 Amend Chapter 3.02 KCC -
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B. Diversification. Diversification is required by the city to reduce
overall portfolio risks while attaining market average rates of return.
Diversification by institution, type of investment security, and years to
maturity shall be employed to avoid over-concentration in any of these
areas.
The maximum percentages listed below will provide a guide in making
investment decisions. Maximum percentages for a particular issuer or
investment type may be exceeded at a point in time subsequent to review
and approval by the Finance Director. Securities need not be liquidated to
realign the portfolio; however, consideration should be given to this
matter when future purchases are made to ensure that appropriate
diversification is maintained.
Diversification Targets:
Authorized
Investments
Maximum
Portfolio
Allocation
Maximum
Maturity
Maximum
Allocation
Per Issuer
Credit Quality /
Notes
Local Government
Investment Pool 100% - - -
US Treasury
Obligations
100% 5 years - -
GSE Agency
Securities
100%
5 years - -
Repurchase
Agreements 10% 60 days None
State collateral
requirements must
be followed.
Bankers’
Acceptances 10% 180 days 10%
Rated in the highest
short-term credit
rating category by at
least two NRSROs.
Certificates of
Deposit/Bank
Deposits/Saving
20% 24 months 10%
If not 100%
collateralized, must
be rated in the
highest short-term
rating category by at
least one NRSRO.
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15 Amend Chapter 3.02 KCC -
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Corporate Notes
25%
5 years
Rated AA
or better
by all
NRSOs:
3%
Rated A- or
better: 2%
Non-U.S.
and
Canada:
2% per
country
Must be rated A- or
better. Securities
rates A-, A, or A+ with
a negative outlook
may not be
purchased.
Commercial Paper 270 days
U.S.: 3%
Non-U.S.
and
Canada:
2%
Rated in the highest
short-term rating
category by at least
two NRSROs. If rated
by more than two
NRSROs, it must have
the highest rating
from all of the
organizations. Any
commercial paper
purchased with a
maturity longer than
100 days must also
have an underlying
long-term senior
unsecured credit
rating at the time of
purchase in one of
the three highest
rating categories of
an NRSRO.
General obligation
bonds of any state or
local government
20% 5 years 5% Must be rated A- or
better.
Supranational Bonds 20% 5 years 5%
Supranational bonds
that have the United
States as their largest
shareholder.
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16 Amend Chapter 3.02 KCC -
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C. Maturities. The city will invest in securities with maturity dates five
(5) years from the date of purchase or less.
1. The maximum weighted average maturity of the total
portfolio shall not exceed three (3) years. This maximum is established to
limit the portfolio to excessive market price change exposure.
2. Liquidity funds will be held in the LGIP, bank deposits, or in
short term instruments maturing six (6) months or less.
3. The investment portfolio will have securities that mature
between one (1) day and five (5) years.
4. Exception to five-year maturity maximum. Investments may
be invested in securities exceeding five (5) years if the maturities of such
investments are made to coincide as nearly as practicable with the
expected use of the funds.
D. Collateralization. Collateralization is required on repurchase
agreements. In order to anticipate market changes and provide a level of
security for all funds, the collateralization level will be (102%) of market
value of principal and accrued interest. The only eligible collateral for
repurchase agreements will be direct obligations of the U.S. Treasury, U.S.
Government Agency and/or U.S. Government instrumentality obligations.
Securities that are acceptable as collateral must comply with the allowable
securities listed in this policy. Collateral will always be held by an
independent third party with whom the entity has a current custodial
agreement. A clearly marked evidence of ownership (safekeeping receipt)
must be supplied to the entity and retained. The right of substitution is
granted.
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17 Amend Chapter 3.02 KCC -
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Sec. 3.02.070. Dealers and institutions, safekeeping and
custody, internal and external control.
A. Authorized financial dealers and institutions. The Finance Director
will limit banking transactions to designated banking relationships and will
refer to the financial institutions list provided by the Public Deposit
Commission of banks authorized to provide investment services (RCW
39.58.080). In addition, the city will approve security broker/dealers by
credit worthiness, and understanding of the city’s requirements and policy.
These may include "primary" dealers or regional dealers that qualify under
Securities & Exchange Commission Rule 15C3-1 (Uniform Net Capital
Rule). No public deposit shall be made except in a qualified public
depository in the State of Washington.
A current financial statement is required to be on file for each financial
institution and broker/dealer in which the city invests. Electronic links and
or files may be used to meet this requirement. If the city hires an
investment advisor to assist in the management of the investment
portfolio, then the city can also use the investment advisor’s approved
broker/dealer list.
B. Safekeeping and custody. All security transactions, including
collateral for repurchase agreements, entered into by the city shall be
conducted on a delivery versus payment basis. Securities will be held by a
third-party custodian designated by the Finance Director.
C. Internal control. The Finance Director shall establish a process of
periodic review by the accounting staff. This review will provide internal
control monitoring by assuring that policies and procedures are being
complied with.
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18 Amend Chapter 3.02 KCC -
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Sec. 3.02.080. Performance standards, reporting
requirements and advisory investment committee.
A. Performance standards. The city’s investment portfolio will be
designed to obtain a market average rate of return during budgetary and
economic cycles, taking into account the city's investment risk constraints
and cash flow needs. Appropriate benchmarks shall be established against
which portfolio performance shall be compared on a regular basis. The
benchmarks shall be reflective of the actual securities being purchased
and a comparison to the LGIP earnings rate should be completed on a
regular basis.
B. Advisory investment committee. An investment committee will be
established consisting of the mayor (or designee), Finance Director, the
Public Works director, and a member of the council operations committee,
who shall be appointed by the mayor to serve a two (2) year term, which
term shall run concurrently with the term of the council president, except
to the extent interim appointments become necessary. The committee will
meet quarterly and will be established to serve in a general review and
advisory capacity, taking into account the city’s investment objectives,
available funds and current market conditions. The committee will review
periodic reports which may include, but are not limited to: market value of
the portfolio, percentages by type and institution, average life of the
portfolio, expected cash flows, and average rate of return.
Sec. 3.02.090. State and federal amendments. If new
legislation or regulation should amend the permitted instruments or
institutions, those changes will be deemed to be immediately incorporated
into this policy.
SECTION 3. – Severability. If any one or more section, subsection,
or sentence of this ordinance is held to be unconstitutional or invalid, such
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19 Amend Chapter 3.02 KCC -
Re: Investment Policy
decision shall not affect the validity of the remaining portion of this
ordinance and the same shall remain in full force and effect.
SECTION 4. – Savings. The existing Chapter 3.02 of the Kent City
Code, which is repealed and replaced by this ordinance, shall remain in full
force and effect until the effective date of this ordinance.
SECTION 5. – Corrections by City Clerk or Code Reviser. Upon
approval of the city attorney, the city clerk and the code reviser are
authorized to make necessary corrections to this ordinance, including the
correction of clerical errors; ordinance, section, or subsection numbering;
or references to other local, state, or federal laws, codes, rules, or
regulations.
SECTION 6. – Effective Date. This ordinance shall take effect and
be in force thirty (30) days from and after its passage, as provided by law.
SUZETTE COOKE, MAYOR
ATTEST:
KIMBERLEY A. KOMOTO, CITY CLERK
APPROVED AS TO FORM:
TOM BRUBAKER, CITY ATTORNEY
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20 Amend Chapter 3.02 KCC -
Re: Investment Policy
PASSED: day of , 2017.
APPROVED: day of , 2017.
PUBLISHED: day of , 2017.
I hereby certify that this is a true copy of Ordinance No.
passed by the City Council of the City of Kent, Washington, and approved
by the Mayor of the City of Kent as hereon indicated.
(SEAL)
KIMBERLEY A. KOMOTO, CITY CLERK
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Kent Council Operations Committee Consolidating Budget Adjustment
FINANCE DEPARTMENT
Aaron BeMiller, Director
Phone: 253-856-5260
Fax: 253-856-6255
Address: 220 Fourth Avenue S.
Kent, WA. 98032-5895
DATE: March 7, 2017
TO: Operations Committee
FROM: Aaron BeMiller, Director
SUBJECT: Director’s Report – Information Only
MOTION: No motion: Non-action item
SUMMARY: The Finance Director will report out financial or operational item(s).
BUDGET IMPACT:
BACKGROUND:
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