HomeMy WebLinkAboutILA - 1998 Animal ControlINTERLOCAL COOPERATIVE AGREEMENT BETWEEN
THE CITIES OF PASCO, KENNEWICK AND RICHLAND,
WASHINGTON FOR ANIMAL CONTROL
THIS COOPERATIVE AGREEMENT is entered into this -,L day of March, 1998, among
the City of Pasco, Washington hereinafter referred to as "Pasco", Kennewick, Washington,
hereinafter referred to as "Kennewick", and Richland, Washington, hereinafter referred to as
"Richland", all municipal corporations of the State of Washington collective referred to as "Cities".
WHEREAS, the Cities are, pursuant to Chapter 39.34 R.C.W. the Interlocal Cooperation
Act, authorized to exercise their powers jointly thereby maximizing their ability to provide services
and facilities which will best fulfill common needs of the Cities, and;
WHEREAS, the Cities, by their respective City Councils, have determined that animal
control services may be best implemented on a shared basis in a manner deemed most efficient and
effective for the Cities, now, therefore, and in consideration of the mutual covenants contained herein,
it is agreed as follows:
SECTION I
PURPOSE
The purpose of this Interlocal Agreement is:
1. To create and establish a Tri -City Animal Control Authority to provide for the common
administration and enforcement of Animal Control Regulations throughout all three participating
Cities, on a cooperative and consistent basis.
2. To create a Management Committee to determine the best manner in which to provide animal
control services including contracting with independent contractors or a member entity for the
provision of some or all of the Animal Control Services required for the purpose of sharing the
services and responsibilities among the Cities in the most efficient manner;
3. To select and empower a City to serve as the Operative Jurisdiction for the day to day
management of Animal Control Services including providing, if necessary, the manpower and facilities
required to carry out all or a portion of the animal control function as identified in the Agreement;
4. To equally share the cost of basic Animal Control Services provided in this Agreement;
INTERLOCAL COOPERATIVE AGREEMENT
TRI -CITY ANIMAL CONTROL SERVICES -I-
5. To achieve an overall cost savings for Animal Control Service to each city by avoiding
redundant expenses, activities and facilities while enjoying the efficiencies of scale based upon service
to the combined territorial jurisdictions of the Cities; and
6. Preserving to each city its ability to establish its own individual standards, regulations and fees
for animal control; and
7. To provide for efficient and effective Animal Control Services for the citizens of the Cities.
SECTION II
ADMINISTRATION
Administration of the Tri -City Animal Control Authority shall be conducted in the following
manner.
2.1 Management Committee. The City Manager or his designee from each of the Cities shall
constitute the Management Committee. The Management Committee shall meet not less than once
per calendar quarter as necessary to accomplish the purposes of this Interlocal Cooperative
Agreement. The Management Committee shall be responsible for preparing a plan for Animal
Control Services, subject to approval by the council of each city for providing Animal Control
Services within the total jurisdictional territory of the Cities. The Management Committee shall:
(a) Be responsible for establishing policies for implementation of the Animal Control Plan
adopted by the Cities;
(b) Approve and execute contracts for services necessary for the implementation of the
plan;
(c) Develop a proposed annual budget for presentation to each City Council for approval
and adoption for each calendar year during the term of this Agreement;
(d) Provide reports of the activities and progress of the plan for each City Council;
(e) Provide a venue for dispute resolution among participants of the Animal Control Plan;
and
(f) To provide such administrative assistance, expertise and direction as is necessary for
the successful implementation of the Animal Control Plan.
The Representative of the Operating Jurisdiction shall serve as the chair of the Management
Committee.
2.2 Operating Jurisdiction. One of the Cities shall be designated as the Operating Jurisdiction
for the Tri -City Animal Control Authority. The Operating Jurisdiction shall be responsible for the
day to day operations of the Animal Control Services including the enforcement of the rules,
regulations and ordinances of the participating jurisdictions. All municipal employees, resources and
facilities required in the implementation of the plan shall be employees and assets of the Operating
Jurisdiction. The Operating Jurisdiction will provide all necessary support services for the
implementation of the Animal Control Plan such as accounting, legal services, risk management and
INTERLOCAL COOPERATIVE AGREEMENT
TRI -CITY ANIMAL, CONTROL SERVICES -2-
personnel management. The Operating Jurisdiction will manage all contracts with any independent
contractors or other entities for services performed under the Animal Control Plan and administer all
rules, regulations and policies established by the Management Committee and issue a periodical report
to the Management Committee on the implementation of the Animal Control Plan.
The City of Pasco is designated as the Operating Jurisdiction during the initial term of this
Agreement.
SECTION III
ANIMAL CONTROL PLAN BASIC SERVICES
The Animal Control Plan as developed by the Management Committee and approved by each
city, shall provide as a base level of services the following:
(a) Regulation and apprehension of vicious or dangerous animals;
(b) Removal of dead animals from the public right of way;
(c) Apprehension of stray animals;
(d) Impounding and boarding of apprehended animals;
(f) Euthanasia of unclaimed animals;
(g) Disposal of animal remains;
(h) Enforcement of licensing regulations; and
(i) Owner notification of found animals and indenti-code retrievals.
The level of the above enumerated Animal Control Services together with the method, and
manner of the delivery of such services shall be delineated in the Animal Control Plan.
The Cities may modify the scope of the base level of services by mutual agreement as
provided below.
Nothing herein will limit any City from securing additional Animal Control Services above and
beyond those basic Animal Control Services enumerated above, from the Operating Jurisdiction by
contract for additional fees independently negotiated for those additional services.
SECTION IV
ASSESSMENT AND REIMBURSEMENT
The Management Committee shall submit an annual budget of expenses for Animal Control
Services for approval by each of the Cities. Each City shall maintain by ordinance or regulation its
own rates and charges for compliance with their respective animal codes and fines and forfeitures for
its enforcement within its territorial jurisdiction. All revenues derived therefrom shall be solely the
revenues of that City. The approved operating budget shall consist of basic fixed cost which will be
equally divided among the Cities and variable expense which shall be divided among the Cities based
upon their percentages of use. The specific fund necessary for the implementation of this Agreement
INTERLOCAL COOPERATIVE AGREEMENT
TRI -CITY ANIMAL CONTROL SERVICES -3-
shall be maintained at the Operating Jurisdiction and shall be designated the "Tri -City Animal Control
Operating Fund".
SECTION V
MODIFICATION
The Cities agree that except for approval of the Animal Control Plan, and annual budgets as
submitted by the Management Committee, this Agreement is the complete expression of the terms
hereto and any prior written or verbal representations or understandings not incorporated herein are
excluded. The Cities reserve the right to modify this Agreement by mutual assent in writing and
signed by all parties hereto.
SECTION VI
LIABILITY INSURANCE AND INDEMNIFICATION
The Operating Jurisdiction shall secure a good sufficient liability insurance policy or an
extension of existing coverage presently available naming all Cities as additional insureds providing
for property damage or casualty loss protection and defense and indemnification for all risks of injury
or damages arising out of or incident to the participation by each City in the Interlocal Cooperative
Agreement. Any additional costs for such extended coverage incurred by the Operating Jurisdiction
shall be identified as an expense for budgetary purposes and the total combined additional costs shall
equally divided among the Cities.
Any independent contractors providing Animal Control Services under the Animal Control
Pian shall procure and maintain public liability insurance naming the Cities as additional insureds with
coverage limits no less than one million dollars ($1,000,000) for bodily injury and property damage
applicable to all activities performed under the terms of the Animal Control Plan and to defend,
indemnify and hold the Cities harmless from all claims, losses, demands and causes of action arising
from participation under the Animal Control Plan.
Each city shall waive the right of subrogation against any other City by reason of loss, damage
or injury arising out of or incident to their participation in this Interlocal Cooperative Agreement.
SECTION VII
TERM OF AGREEMENT AND TERMINATION
This Agreement shall become effective on the /6 day of March, 1998 and shall expire on
December 31, 2000. This Agreement will be automatically renewed for an additional term of three
years unless any City gives written notice of its intent to terminate this Agreement. A City may
terminate participation in this Agreement prior to adoption of the Animal Control Plan upon 30 days
advanced written notice. This Agreement will automatically terminate if the Cities are unable to
adopt an Animal Control Plan within 30 days of its presentation to the Cities by the Management
Committee, unless such period is extended by mutual agreement of the parties. After adoption of the
Animal Control Plan a City may terminate participation giving written notice of its intent to withdraw
INTERLOCAL COOPERATIVE AGREEMENT
TRI -CITY ANIMAL CONTROL SERVICES -4-
at least twelve months prior to the designated date of withdrawal. Upon notice of withdrawal by any
City, the remaining Cities may elect to continue participation in this Interlocal Cooperative
Agreement or to terminate this Agreement.
SECTION VIII
INSPECTION OF RECORDS
The records and documents with respect to all matters covered by this Interlocal Cooperative
Agreement shall be subject to inspection, review or audit by any City during any term if this
Agreement and for three years after its termination.
SECTION IX
SEVERABILITY
In the event any term or condition of this Interlocal Cooperative Agreement or application
thereof to any person, entity or circumstance is held invalid, such invalidity shall not effect any other
terms, conditions or applications of this Agreement which can be given effect without the invalid
term, condition, or application. To this end, the terms and conditions of this Agreement are declared
severable.
In witness whereof the parties have signed this Agreement of the day and year written above.
THE CITY OF PASCO:
a"?4k04
��
Attest:
i
Catherine Seaman, Deputy City Clerk
INTERLOCAL COOPERATIVE AGREEMENT
TRI -CITY ANIMAL CONTROL SERVICES -5-
Approved as to Form:
eland Cerr, City Attoi e
THE CITY OF KENNEWICK:
Attest:
Valerie J. L , Ci
Approved as to Form:
William ameron, City Attomey
THE CITY OF RICHLAND:
Larry Haler,
Attest:
PIROF
POM -r R. Bgs,
INTERLOCAL COOPERATIVE AGREEMENT
TRI -CITY ANWAL CONTROL SERVICES -6-
Approved as to Form:
V 4t..fes &q V -LL -fay
Thomas 0. Lampson, City Attomey
STATE OF WASHINGTON
ss.
County of Franklin
On this day personally appeared before me Charles D. Kilbury, Mayor of the City of
Pasco, to be known to be the individual described in and who executed the within and
foregoing instrument, and acknowledged that he signed the same as his free and voluntary
act and deed for the uses and purposes therein mentioned.
GIVEN under my hand and official seal this day of 1998.
'a�Ive
NOT
� 9yVoBs,L
wAS
INTERLOCAL COOPERATIVE AGREEMENT
TRI -CITY ANIMAL CONTROL SERVICES -7-
NOTARY PUBLIC in and for the
State of Washington, residing
at:��r' Pit)K K _
My Commission Expires: �9
STATE OF WASHINGTON
ss.
County of Benton
On this day personally appeared before me James R. Beaver, Mayor of the City of
Kennewick, to be known to be the individual described in and who executed the within and
foregoing instrument, and acknowledged that he signed the same as his free and voluntary
act and deed for the uses and purposes therein mentioned.
GIVEN under y kpd
v � 5 ION'tcr•./�9
lr A •.
i ?o TARy
PUBLIC
STATE OF WASHINGTON
County of Benton
and official seal this _.3/ day of 1998.
N TARY PUBLIC in and Mr the
State 0Washington esiding
at: M)-('76 - > .
My Commission Expires: ;V- 16 —p
SS.
On this day personally appeared before me Larry Haler, Mayor of the City of
Richland, to be known to be the individual described in and who executed the within and
foregoing instrument, and acknowledged that he signed the same as his free and voluntary
act and deed for the uses and purposes therein mentioned.
GIVEN under my hand and official seal this /0- day of 3��� , 1998.
N A,
xPUBL\G
r ..`.'
2:
h�aO,c ,mPSN
INTERLOCAL COOPERATIVE AGREEMENT
TRI -CITY ANIMAL CONTROL SERVICES -8-
NOTARY PUBLIC in and for the
State of Washington, residing
at: e%
My Commission Expires: % . p D