HomeMy WebLinkAboutILA - 2016 Tri-Cities Animal Control AuthorityFILED FOR RECORD AT REQUEST OF:
City of Pasco, Washington
WHEN RECORDED RETURN TO:
City of Pasco
525 North 3`d
Pasco WA 99301
INTERLOCAL COOPERATIVE AGREEMENT
Between
CITIES OF PASCO, RICHLAND, AND KENNEWICK WASHINGTON
For
CREATION AND OPERATION OF
TRI -CITIES ANIMAL CONTROL AUTHORITY
THIS TERLOC L COO TIVE AGREEMENT, is made and entered
into this UU1I // a of e6 2016, pursuant to the Interlocal
Cooperation Act, RCW 39.34, by and between the City of Pasco, a municipal
corporation of the State of Washington, hereinafter referred to as "Pasco', the City of
Kennewick, a municipal corporation of the State of Washington, hereinafter referred to
as "Kennewick," and the City of Richland, a municipal corporation of the State of
Washington, hereinafter referred to as the "Richland," and collectively referred to as
Cities" or "Participating Jurisdictions."
WHEREAS, the Cities are, pursuant to Chapter 39.34 RCW 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; and
WHEREAS, the Cities agree that this Agreement shall replace all prior
Interlocal Agreements and amendments thereof and all Operating Jurisdiction
Agreements and amendments thereof, that may have governed the subject of this
Agreement.
Interlocal Agreement — Operation of ACA - 1
NOW, THEREFORE, in consideration of mutual covenant contained herein, it
is agreed by and between the Parties hereto as follows:
1. Purpose.
A) To establish and maintain the Tri -City Animal Control Authority
ACA) created by Interlocal Cooperative Agreement to provide for animal
control services among the Participating Jurisdictions and potential service
subscribers.
B) To replace all previous Interlocal Cooperative Agreements and
all amendments thereto that previously created and established the current ACA.
C) To provide for a Management Committee to determine the best
manner in which to provide animal control services, including contracting with
independent contractor(s) 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.
D) To select and empower Pasco to serve as the Operating
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.
E) To provide a method for the sharing of the ongoing operating and
administrative costs of providing animal control services as defined in this
Agreement.
F) To achieve equitable cost sharing for each of the Cities for
animal control services, by avoiding redundant expenses, activities, and
facilities, while enjoying the efficiencies of scale resulting from a unified service
to the combined territorial jurisdictions of the Cities.
G) To preserve to each of the Cities the ability to establish and
enforce its own individual standards, regulations, and fees for animal control.
H) To provide for efficient and effective animal control services for
the citizens of the Cities.
2. Definitions. For the purpose of this Agreement, the following
definitions shall apply:
A) "Base Costs" shall mean the management, operating and capital
improvement costs or revenues, classified as "base costs" in Exhibit A,
Interlocal Agreement — Operation of ACA - 2
associated with providing aminal control services which would be present
regardless of the amount of service provided over time.
B) "Capital Improvement Cost' shall mean the costs associated with
the major maintenance and improvement of animal control authority capital
assets including its fleet, facilities and site.
C) "Cities" or "Participating Jurisdictions" shall mean the cities of
Pasco, Kennewick, and Richland, Washington, and any other municipal
corporation, which upon payment of a capital contribution for the Facility is
added as a Participating Jurisdiction as provided in Section 4.
D) "Management Costs" shall mean the costs associated with
management and administration of animal control services, including physical
facility expenses, by the operating jurisdiction.
E) "Operating Costs" shall mean all costs associated with the
administration, management, day to day operation, upkeep and maintenance of
animal control services and programs.
F) "Operating Jurisdiction" shall mean that designated Participating
Jurisdiction responsible for the day-to-day operation of the animal control
services and the administration of this Agreement, more particularly stated in
Section 3.13 below. The initial Operating Jurisdiction shall be the City of Pasco.
G) "Service Contractor" shall mean a Participating Jurisdiction or a
qualified third -party independent contractor selected to provide day-to-day
animal control services and the physical implementation of the animal control
plan.
H) "Subscriber" shall mean any municipal jurisdiction or other entity
other than a Participation Jurisdiction, which by contract, receives some or all
ACA services.
I) "Usage Costs" shall mean the management, operating and capital
improvement costs or revenues, classified as "usage costs" in Exhibit A,
associated with providing animal control services which vary by the amount of
service provided over time.
3. Administration. Administration of the ACA shall be conducted in the
following manner:
A) Management Committee. The City Manager or their designee
from each of the Participating Jurisdictions shall constitute the Management
Interlocal Agreement — Operation of ACA - 3
Committee (Committee). The Committee shall meet not less than once per
calendar quarter as necessary to accomplish the purposes of this Interlocal
Cooperative Agreement. The Committee shall be responsible for preparing a
plan for animal control services, subject to approval by the council of the Cities,
for providing animal control services within the total combined jurisdictional
territory of the Cities and any subscriber's jurisdictional territory. The City
Manager of Pasco or their designee, as the representative of the Operating
Jurisdiction, shall serve as the Chair of the Committee. The Committee shall:
1) Be responsible for establishing policies for
implementation of the Animal Control Plan adopted by the Cities.
2) Approve and execute contracts for services necessary for
the implementation of the Animal Control Plan.
3) Develop a proposed annual budget for presentation to
each of the Cities for their approval for each calendar year during the
term of this Agreement.
4) Provide reports of the activities and progress of the
Animal Control Plan to each of the Cities at least annually during the
term of this Agreement.
5) Provide a venue for dispute resolution among participants
in the Animal Control Plan.
6) Provide such administrative assistance, expertise, and
direction as is necessary for the successful implementation of the plan.
7) Secure such services as are necessary for the
implementation of the Animal Control Plan.
B) Operating Jurisdiction
1) Appointment. Pasco shall be designated as the Operating
Jurisdiction for the Tri -City Animal Control Authority unless otherwise
designated by unanimous written consent of the Participating
Jurisdictions.
2) Scope of Services for Operating Jurisdiction. The
Operating Jurisdiction shall provide the following services:
Interlocal Agreement — Operation of ACA - 4
a) The day-to-day operations of the Animal Control
Services, including the enforcement of the rules, regulations, and
ordinances of the Participating Jurisdictions.
b) All service contractors, providers, resources, and
facilities necessary for the implementation of the Animal Control
Plan shall be provided by or managed by the Operating
Jurisdiction.
c) The Operating Jurisdiction shall provide all
necessary support services for the implementation of the Animal
Control Plan, including but not limited to accounting, legal
services, records management, risk management, and personnel
management.
d) The Operating Jurisdiction will manage all
contracts with any service contractors or other entities for
services performed under the Animal Control Plan and prepare
and administer all rules and regulations.
e) The Operating Jurisdiction shall implement
policies adopted by the Committee and issue periodical reports to
the Committee on the implementation of the Animal Control
Plan.
f) Maintain a separate fund for the receipt of funds
from the Cities and for the payment of expenses for the ACA.
g) Maintain records on ACA -owned equipment and
inventory, including vehicle maintenance and replacement
accounting.
h) Schedule periodic meetings of the ACA.
i) Retain records related to the ACA pursuant to the
State's retention schedule(s) and respond in a lawful manner to
all public records requests seeking ACA related records.
3) Compensation. An estimated budget for performing the
services of the Operating Jurisdiction shall be calculated on an annual
basis. The cost-sharing method outlined in Section 7 of this Agreement
shall determine the percentage allocation of the total cost to each of the
Participating Jurisdictions. Each year, the annual budget and
compensation due to the Operating Jurisdiction by each of the other
Interlocal Agreement — Operation of ACA - 5
Participating Jurisdictions shall be determined by the Committee prior to
September 1 of the prior year. Any extraordinary or unanticipated
cumulative expenses that may exceed the annual budget, must be
approved by unanimous written consent of the Participating
Jurisdictions. Each of the Participating Jurisdictions, other than Pasco,
shall be responsible for payment of their pro -rata share of the
compensation for the Operating Jurisdiction. As the Operating
Jurisdiction, Pasco shall bill each of the other Participating Jurisdiction
monthly, in conjunction with the billing for the monthly animal control
contractor payments, that Participating Jurisdiction's share of the annual
compensation.
4. Admission of New Particinatine Jurisdictions and Subscribers.
A) Process for Adding New Participating Jurisdictions. Upon
receipt of a written request by a jurisdiction to join as a Participating Jurisdiction
in the ACA, the Committee may, upon unanimous approval, admit the applicant
as a Participating Jurisdiction subject to determination of its proportionate share
of facilities capital contribution, and of its operating costs which will be
included in a written Addendum to this Agreement.
B) Subscriber. Upon receipt of a written request by a jurisdiction or
other entity to receive a portion or all of ACA's services for a contract fee, the
amount and scope of such services will be included in a written Agreement.
5. Service Contractor. A service contractor shall be selected by the
unanimous approval of the Committee to provide animal control services and
implement and perform the Animal Control Plan. The services of the service contractor
shall be managed by the Operating Jurisdiction pursuant to the terms of an Agreement
negotiated between the ACA and the service contractor.
6. Animal Control Plan Basic Services. The Animal Control Plan as
developed by the Committee and approved by the legislative body of each Participating
Jurisdiction, shall provide a base level of services for each of the Participating
Jurisdictions:
A) Shelter and holding of stray and owner surrender animals.
B) Enforcement of animal control ordinances of Participating
Jurisdictions.
C) Cooperation with police departments and licensing programs of
Participating Jurisdictions.
Interlocal Agreement — Operation of ACA - 6
D) Animal Control Authority sponsored or provided programs to
provide for or further adoption of stray or owner surrender animals and control
the size of such animal populations
E) Regulation and apprehension of vicious or dangerous animals.
F) Removal of dead animals from the public right-of-way.
G) Apprehension of stray animals.
H) Impounding and boarding of apprehended animals.
I) Euthanasia of unclaimed animals.
J) Disposal of animal remains.
K) Owner notification of found animals and identi-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 Participating Jurisdictions may modify the scope of the base level of
services by mutual agreement.
Nothing herein will limit any of the Participating Jurisdictions from individually
securing additional Animal Control Services above and beyond those basic services
enumerated above and in the Animal Control Plan, from the Operating Jurisdiction, by
contract for additional fees. Any such services shall be negotiated independently of this
Agreement.
7. Cost Sharing Assessment and Reimbursement. The Operating
Jurisdiction shall submit an annual budget on or before August 15 of each year, of
expenses for Animal Control Services for approval by the Committee. Subscriber fees
shall be included in the proposed budget. Each Participating Jurisdiction 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 Participating Jurisdiction. The specific fund necessary for the implementation of
this Agreement shall be maintained at the Operating Jurisdiction and shall be designated
the "Tri -City Animal Control Operating Fund."
A) Capital Improvement Cost Sharing. Costs for capital
improvements approved by the Participating Jurisdictions, shall be shared
Interlocal Agreement — Operation of ACA - 7
equally among the Participating Jurisdictions. The Operating Jurisdiction shall
bill the Participating Jurisdictions on behalf of the ACA.
B) Operating Cost Sharing. The cost of animal control authority
operations including physical facility, maintenance and operating costs,
administrative costs, management costs, and program costs, shall be shared
among the ACA facility Participating Jurisdictions and subscribers to animal
control authority services. Operating costs shall be classified as either base costs
or usage costs according to the cost classification system established and
periodically amended by the Committee in Exhibit A to this Agreement. The
annual operating cost sharing formula established in subsection D) below of this
section shall be used by the Operating Jurisdiction to bill the Participating
Jurisdictions and subscribers monthly.
C) ACA Budget. The Committee shall adopt a budget annually.
Incident to budget approval shall be the ability to reclassify the distribution of
costs as identified in Exhibit A. The budget shall encompass all ACA facility,
program and administrative costs. The budget and annual cost sharing formula
to be applied to the budget, shall be submitted as approved by the Committee, to
Participating Jurisdictions and subscribers by September 15 of each year.
D) Annual Operating Cost Sharing Formula. The costs included in
Exhibit A to this Agreement will be shared initially among the Participating
Jurisdictions of the ACA facility based on a two-part formula. The fust part of
the formula covers base costs and the second part covers usage costs. Initially,
the base cost and usage cost share for each Participating Jurisdiction will be
added together to establish the total cost share for each Participating
Jurisdiction.
1) Base costs will be shared equally among the Participating
Jurisdictions. The initial three (3) Participating Jurisdictions would share
base costs on a one-third basis.
2) Usage costs will be shared proportionately among the
Participating Jurisdictions based on the intake of animals. Animal intake
shall be determined on the basis of a five-year average of annual data
January 1 to December 31) and shall include all types and breeds of
animals. A rolling five years of annual data available at the time that the
Committee submits its budget and collected and reported by the ACA
shall be used for this purpose.
3) Additional contract services as provided for in Section 6
of this Agreement, shall be included in the budget and will be paid in full
by the contracting jurisdiction.
Interlocal Agreement — Operation of ACA - 8
4) Beginning January 1, 2017 the ACA shall collect and
report monthly data on calls for service from each jurisdiction receiving
services from the ACA. Calls for service will be defined and data shall
be reported in a manner and format approved by the Committee.
5) Beginning with the 2023 annual ACA budget, the
Committee shall modify the usage cost sharing portion of the formula to
be applied in 2023 by averaging five running years of annual data for
calls for service and animal intake for each Participating Jurisdiction.
Equal weight will be given in the formula to intake and calls for service.
The base cost sharing formula shall remain the same. The application of
the base and usage cost formula and its calculation shall be submitted
with each budget.
E) Change in Cost Sharing Formula Due to Addition or Deletion of
Participating Jurisdictions or Subscribers. The cost sharing formula will be
modified when Participating Jurisdiction or subscribers to ACA services are
added or deleted from ACA agreements. Participating Jurisdictions would
continue to share facility operating costs and base costs in equal shares
determined by dividing total facility operating and base costs by the number of
Participating Jurisdictions.
Usage costs would continue to be shared based on the proportional usage
of all Participating Jurisdictions and subscribers. Until 2023 the usage cost
formula based on animal intake in subsection D)5) above would apply, in 2023
and thereafter the cost sharing formula based on a combination of animal intake
and calls for service in subsection D)2) above would apply. Additional
Participating Jurisdictions or subscriber's usage cost share would be determined
according to annual data available at the time, which may initially be an
estimate, followed by one year of data building over five years to a five-year
average.
8. Integration. Modification and Severability. The Participating
Jurisdictions agree that except for (a) the Personal Services Agreement with the service
contractor; (b) annual budgets as submitted by the Committee including any
reassignment of the allocation of costs as provided in Exhibit A; and (c) the Interlocal
Agreement Between the Cities of Pasco, Kennewick and Richland for the Construction
of an Animal Control Authority Facility, this Agreement is the complete expression of
the terms hereto and any prior written or verbal representations or understandings not
incorporated herein are excluded. This Agreement may be modified, amended, or
terminated only upon written agreement upon unanimous approval of the Participating
Jurisdictions. In the event any term or condition of this Agreement or application
thereof to any person, entity, or circumstance is help invalid, such invalidity shall not
Interlocal Agreement — Operation of ACA - 9
affect any other terms, conditions, or applications of this Agreement that can be given
effect without the invalid term, condition, or application., and such provisions shall be
deemed modified to secure such invalidity. To this end, the terms and conditions of this
Agreement are declared severable.
9. Oneratin¢ Jurisdictional Insurance Requirements. The Operating
Jurisdiction shall procure and maintain for the duration of the Agreement, insurance
against claims for injuries to persons or damage to property which may arise from or in
connection with the performance of the work hereunder by the Operating Jurisdiction,
their agents, representatives, employees, or subcontractors. Any waiver by any party
hereto with regard to any of its rights hereunder shall be in writing and shall not
constitute or act as a waiver to any future rights which such party might have hereunder.
A) Minimum Insurance Requirements. The Operating Jurisdiction
shall obtain insurance of the types described below:
1) Automobile Liability insurance covering all Participating
Jurisdiction, non -owned, hired, and leased vehicles. Coverage shall be
written on Insurance Services Office (ISO) form CA 00 01 or a substitute
form providing equivalent liability coverage. If necessary, the policy
shall be endorsed to provide contractual liability coverage.
2) Commercial General Liability insurance shall be written
on ISO occurrence form CG 00 01. Non-operating jurisdictions shall be
named as an insured under the Operating Jurisdiction's Commercial
General Liability insurance policy with respect for the work performed
for the Cities using ISO Additional Insured endorsement CG 20 10 10 01
or substitute endorsements providing equivalent coverage.
3) Workers' Compensation coverage as required by the
Industrial Insurance laws of the State of Washington.
B) Minimum Amounts of Insurance. The Operating Jurisdiction
shall maintain the following insurance limits:
1) Automobile Liability insurance with a minimum
combined single limit for bodily injury and property damage of
1,000,000 per accident.
2) Commercial General Liability insurance shall be written
with limits no less than $1,000,000 each occurrence, $2,000,000 general
aggregate.
C) Other Insurance Provisions. The insurance policies are to
Interlocal Agreement —Operation of ACA - 10
contain, or be endorsed to contain, the following provisions for Automobile
Liability and Commercial General Liability insurance:
1) The Operating Jurisdiction insurance coverage shall be
primary insurance in respect to the non-operating jurisdictions. Any
insurance, self-insurance, or insurance pool coverage maintained by the
non-operating jurisdictions shall be excess of the Operating Jurisdictions
insurance.
2) The Operating Jurisdictions insurance shall be endorsed
to state that coverage shall not be cancelled by either party, except after
thirty (30) days prior written notice by certified mail, return receipt
requested, has been given to the City.
D) Acceptability of Insurers. Insurance is to be places with insurers
with a current (at time of placement) A.M. best rating of not less than A: VII.
E) Verification of Coverage. The Operating Jurisdiction shall
famish the Participating Jurisdictions with original certificates and a copy of the
amendatory endorsements, including but not necessarily limited to the additional
insured endorsement, evidencing the insurance requirements of the Operating
Jurisdiction before commencement of the work.
F) Participation in a Governmental Self -Insured Risk Pool,
Washington Cities Insurance Authority (WCIA) shall satisfy all conditions set
forth in Section 9 of this Agreement.
10. Operating Jurisdiction Indemnification/Hold Harmless. The
Operating Jurisdiction shall defend, indemnify, and hold the other Participating
jurisdictions, their officers, officials, employees, and volunteers harmless from any and
all claims, injuries, damages, losses, or suits, including attorney fees, arising out of or in
connection with the performance of this Agreement, except for injuries and damages
caused by the sole negligence of the non-operating jurisdictions.
11. Service Contractors Insurance Requirements. Any service
contractors providing all or a portion of Animal Control Services under the Animal
Control Plan shall procure and maintain commercial general liability (CGL) insurance
naming the Participating Jurisdictions as additional insured's with coverage limits no
less than one million dollars ($1,000,000) per occurrence, two million dollars
2,000,000) aggregate for bodily injury and property damage applicable to all activities
performed under the terms of this Agreement and/or the Animal Control Plan.
12. Service Contractors Indemnification/Hold Harmless. Any service
contractors providing all or a portion of Animal Control Services under the Animal
Interlocal Agreement — Operation of ACA - 11
Control Plan shall defend, indemnify, and hold harmless the Participating Jurisdictions,
their officers, officials, employees, and volunteers from and an all claims, injuries,
damages, losses, or suits, including attorney fees, arising out of or in connection with
the performance of this Agreement and all other Agreements governing the Animal
Control Plan, except for injuries and damages caused by the sole negligence of any of
the Participating Jurisdictions.
13. Term of Agreement and Termination. This Agreement shall become
effective upon acceptance and occupancy of Phase I of the Animal Control Authority
Facility, and shall expire on December 31, 2027. This Agreement will automatically
renew in five year increments unless any Participating Jurisdiction gives written notice
of its intent to withdraw from this Agreement, at least twenty-four (24) months prior to
the date of withdrawal. Upon notice of withdrawal by any of the Participating
Jurisdictions, the remaining Participating Jurisdictions may elect to continue
participation in this Interlocal Cooperative Agreement or to terminate this Agreement.
Withdrawal of a Participating Jurisdiction in any calendar year other than as provided
above, shall not entitle the withdrawing Participating Jurisdiction to a reduction or
refund with respect to the funds budgeted for or otherwise committed for the remaining
term up to the effective date of the withdrawal.
14. Facilities Maintenance and Operation. Upon acceptance and
occupancy of the Animal Control Authority Facility, the terms of this Agreement shall
govern the use, maintenance and operation of the facility. The Facility shall
immediately be made available for use by the ACA and all third -party contractors for
services to the ACA. Rental of any portions of the Facility not occupied by ACA, or its
third -party contractor, may be available for sublet and on such terns as approved by the
Committee with the rental proceeds being applied against the cost of maintenance of the
facility.
15. Disposition of Property. In the event of termination of the ACA;
failure of any party to adopt an Animal Control Plan as provided in this Agreement; or
in the event a party gives notice of intent to withdraw, the remaining parties may elect
to continue participation in this Agreement, or to terminate this Agreement. On such
event, the Parties shall determine a fair market value of the facility by an MAI qualified
appraiser selected by a majority vote of the Committee. Such selected appraiser shall
provide the appraised value to the Committee of the ACA within sixty (60) days of the
Committee's authorization to proceed with withdrawal of a party or termination of the
ACA. The remaining parties may continue by purchase of the withdrawing party or
parties' interest in the facility. In the event of termination, the facility shall be placed
for sale subject to a first right of purchase by Pasco for fair market value exercised by
giving written notice within sixty (60) days of the date the property is offered for sale
and closed within ninety (90) days thereafter; or the right of first refusal equal to any
offer received by a bona fide third -party purchaser exercised by written notice within
thirty (30) days of the Committee's acceptance of a bona fide third -party offer, and
Interlocal Agreement — Operation of ACA - 12
closed within ninety (90) days thereafter. In the event the facility is placed for sale and
Pasco does not exercise its right of first purchase nor any bona fide third party offers to
purchase have been received, the property shall be disposed by mutual agreement of the
parties with each party bearing an equal portion of the costs to maintain the property
pending disposition.
16. 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 Participating Jurisdiction during any term of this Agreement and
for three (3) years after its termination.
17. Filing. As provided by RCW 39.34.040, prior to its entry in force, this
Agreement shall be filed with the respective City Clerk, the County Auditors for Benton
and Franklin Counties, or alternatively posted on the Participating Jurisdiction's website
or other electronically retrievable public source.
18. Amendments. This Agreement may only be amended by written
agreement of all the undersigned Participating Jurisdiction.
19. General Provisions.
A) For the purpose of this Agreement, time is of the essence
B) Dispute Resolution. In the event of a dispute regarding the
enforcement, breach, default, or interpretation of this Agreement, the City
Managers, or their designees, shall first meet in a good faith effort to resolve
such dispute. In the event the dispute cannot be resolved by agreement of the
parties, said dispute shall be resolved by arbitration pursuant to RCW 7.04A, as
amended, with both parties waiving the right of a jury trial upon trial de novo,
with venue placed in Pasco, Franklin County, Washington.
C) Interlocal Agreement. It is not intended that a separate legal
entity be established to conduct this cooperative undertaking, nor is the
acquiring, holding, or disposing of real or personal property other than as
specifically provided within the terms of this Agreement. The City Manager, or
his designee, for the City of Pasco shall be designated as the Administrator of
this Interlocal Agreement.
D) No Waiver. Any waiver by any party hereto with regard to any
of its rights hereunder, shall be in writing and shall not constitute nor act as a
waiver for any future rights in which such party may have hereunder.
20. Notices. Written notice shall be directed to the parties as follows
hiterlocal Agreement — Operation of ACA - 13
City of Pasco
Attn: Dave Zabell, City Manager
PO Box 293
Pasco, WA 99301
City of Kennewick
Attn: Marie Mosley, City Manager
PO Box 6108
Kennewick, WA 99336
City of Richland
Attn: Cindy Reents, City Manager
PO Box 190
Richland, WA 99352
IN WITNESS WHEREOF, the undersigned having full authorization on behalf
of the parties, have executed this Agreement on the year and date set forth above.
CITY OF PASCO, WASHINGTON
Matt Watkins, Mayor
A est
Debbie Clark,- City Clerk
Appro to Form:
Leland B. Kerr, City Attorney
Interlocal Agreement — Operation of ACA - 14
CITY OF
Steve Young, Mayor
CITY OF RICHLAND, WASHINGTON
C
Robert Thompson, Mayo
M&4tkr jv
Interlocal Agreement — Operation of ACA - 15
Attest:
v
Terri L. Wright, City Clerk
Approved as to Form:
Lisa Beaton, City Attorney
Attest:
Marcia Hopkins, City Clerk
Approved as to Form:
Heather Kintzley, City Att
STATE OF WASHINGTON)
ss.
County of Franklin )
On this day personally appeared before me Matt Watkins, 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 s%
Notary public
State of Washington
SANDY L KENwORTHY NOTARY PUBLI and for the StateMYCOMMISSIONEXPIRES
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STATE OF WASHINGTON)
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County of Benton )
On this day personally appeared before me Steve Young, 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 my h and official s al this y of
2016.
JEt j' N AR UB,L in and for theAState of Washington
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Interlocal Agreement - Operation of ACA - 16
STATE OF WASHINGTON)
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County of Benton
On this day personally appeared before me Robert Thompson, 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 _Lq___ day ofpcs,+ ,
2016.
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Interlocal Agreement — Operation of ACA - 17
ACA Operating Agreement
Exhibit A
Note: Contracts for additional services beyond basic services are paid for by the contracting
party and included in the budget as such)
Distribution Method
Administrative and Operating Cost Allocation Base Usage
Operating Jurisdiction Compensation
Administrative Oversight x
Contract Administration and Records x
Accounting/Billing x
Staffing Salary and Benefits
Administration
Shelter Director x
Administrative Assistant x
Animal Control Enforcement Staffing First 3 FTE All other FTE
Animal Intake and Customer Service Staffing X
Animal Care and Kennel Care Staffing X
Operating Costs
Staff - Uniforms, communication, training First 3 FTE All other FTE
Animals - Food, medication, hygiene supplies,
medical supplies, handling supplies x
Office - office supplies, computers, business
license x
Facility Cleaning X
Vehicles --gas, oil, minor repair First three All other
Programs -- traps, advertising, software X
Insurance -- Vehicle, Liability and Facility x
Professional Services
Veternarian x
Legal x
Answering Service x
Cremation Services X
Vehicle Repair and Maintenance x
Other x
Facility Costs
Utilities, Internet and Garbage X
Building and Systems Repair and Maintenance x
Grounds Repair and Maintenance x
Revenue
Facility operations revenue X
Investment interest X
Subscriber fees X
Assets
Cash Balance X
Reserves for replacement X
Facility X
Real Property X
Furnishings including modular animal housing X
Vehicles X
Equipment X
ACA Operating Agreement
Exhibit B
Example of annual cost sharing for three owner jurisdictions:
1. Base Costs are divided equally.
Example base cost formula and its calculation
Kennewick — one third
Pasco — one third
Richland — one third
If total annual base costs were $300,000 then each owner would pay one third per year
300,000 / 3 = $100,000).
2. Usage Costs are divided proportionately based on an average of the last five full years of
animal intake data.
Example of usage cost formula and its calculation
Kennewick -39.4%
Pasco — 44.7%
Richland —15.9%
if total annual usage costs were $600,000 then each participant would pay their
proportion of the cost. Participant proportion X total usage costs = participants share of
annual cost ( 39.4% X $600,000 = $236,400).
3. Total Cost
Each owner would pay their base costs (one third) plus their usage cost (proportional
cost) per year. For example, if base cost was $100,000 plus $236,400 in usage costs then
total cost would be $336,400. It should be noted that participating jurisdictions may
contract for additional services beyond the scope provided by ACA and would pay for
those services in addition to their base and usage costs.
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2010 2011 2012 2013 2014
5 Year
Average Proportion
Richland 709 587 614 449 341 540 15.9%
Kennewick 1686 1566 1452 1007 967 1335.6 39.4%
Pasco 1728 1711 1683 1351 1093 1513.2 44.7%
Total
Intake 4123 3864 3749 2807 2401 3388.8 100.0%
if total annual usage costs were $600,000 then each participant would pay their
proportion of the cost. Participant proportion X total usage costs = participants share of
annual cost ( 39.4% X $600,000 = $236,400).
3. Total Cost
Each owner would pay their base costs (one third) plus their usage cost (proportional
cost) per year. For example, if base cost was $100,000 plus $236,400 in usage costs then
total cost would be $336,400. It should be noted that participating jurisdictions may
contract for additional services beyond the scope provided by ACA and would pay for
those services in addition to their base and usage costs.
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Example of annual cost sharing for three owners in 2022
1. Base costs would continue to be divided based on each owner paying one third.
2. Usage Costs are divided proportionately based on TWO FACTORS an average of the last
five full years of animal intake data and an average of the last full five years of calls for
service.
Example of usage cost formula and its calculation
Kennewick— 38.0% (Intake 39.4 plus Calls 36.8 divided by 2 = 38%)
Pasco — 43.3% (Intake 44.7 plus Calls 41.8 divided by 2 = 43.3%)
Richland —18.7% (Intake 15.9 plus Calls 21.4 divided by 2 = 18.7%)
INTAKE 2017 2018 2019 2020 2021
5 Year
Average Proportion
Richland 709 587 614 449 341 540 15.9%
Kennewick 1686 1566 1452 1007 967 1335.6 39.4%
Pasco 1728 1711 1683 1351 1093 1513.2 44.7%
Total
Intake 1 4123 3864 1 3749 1 2807 1 2401 1 3388.8 1 100.0%
CALLS 2017 2018 2019 2020 2021
5 Year
Average Proportion
Kennewick 1505 1620 1548 1591 1661 1585 36.8%
Pasco 1755 1642 1806 1856 1938 1800 41.8%
Richland 877 752 959 985.7 1029 921 21.4%
Total Calls 4144 4029 4300 4420 4615 4302 100.0%11
If total annual usage costs were $600,000 then each participant would pay their
proportion of the cost. Participant proportion X total usage costs = participants share of
annual cost (38% X $600,000 = $228,000).
3. Total Cost
Each owner would pay their base costs (one third) plus their usage cost (proportional
cost) per year. For example if base cost was $100,000 plus $228,000 in usage costs then
total cost would be $328,000. It should be noted that participating jurisdictions may
contract for additional services beyond the scope provided by ACA and would pay for
those services in addition to their base and usage costs.
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Example of annual cost sharing for three owner jurisdictions and two subscribers
1. Base Costs are divided equally among owners.
Example base cost formula and its calculation
Kennewick — one third
Pasco — one third
Richland — one third
If total annual base costs were $300,000 then each owner would pay one third per year
300,000 / 3 = $100,000).
2. Usage Costs are divided proportionately among participants based on an average of the
last five full years of animal intake data.
Example of usage cost formula and its calculation
Kennewick — 34%
Pasco — 38.5%
Richland —13.8%
Subscriber A — 3.1%
Subscriber B —10.6%
5 Year
INTAKE 2010 2011 2012 2013 2014 Average Proportion
Richland 709 587 614 449 341 540 13.8%
Kennewick 1686 1566 1452 1007 967 1335.6 34.0%
Pasco 1728 1711 1683 1351 1093 1513.2 38.5%
SubscriberA, 100 125 130 120 135. 122 3.1%
Subscriber 450 425 390 400 410 415 10.6%
Total Intake 4673 4414 4269 3327 2946 3925.8 100.0%
If total annual usage costs were $600,000 then each participant would pay their
proportion of the cost. Participant proportion X total usage costs = participants share of
annual cost ( 34% X $600,000 = $204,000).
3. Total Cost
Each owner would pay their base costs (one third) plus their usage cost (proportional
cost) per year. For example, if base cost was $100,000 plus $204,000 in usage costs then
total cost would be $336,400.
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Each participant would pay only their usage cost share. For example, base cost would
be zero plus 10.6% of $600,000 = $63,600.
It should be noted that participating jurisdictions may contract for additional services
beyond the scope provided by ACA and would pay for those services in addition to their
base and usage costs.
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