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PRHSPSC PKT 05-03-2010• City of Federal Way City Council Parks, Recreation, Human Services & Public Safety Committee May 3, 2010 City Hall 6:15 p.m. H lebos Conference Room MEETING AGENDA 1. CALL TO ORDER 2. PUBLIC COMMENT (3 minutes) 3. COMMISSION COMMENTS 4. COMMITTEE BUSINESS Topic Title/ Description A. Approval of Minutes: April 13, 2010 B. DSHS Interlocal Agreement for Respite Care — Recreation Services C. First Amendment for Landscape Services at Federal Way Community Center Rush Commercial Construction, Inc. D. Retainage Release E. Proposed Ordinance Amending Title 9, "Animals" Ikerd 23 Action Consent 5/18/10 Pearsall 25 Action Ordinance First Reading 5/18/10 5. PENDING ITEMS • Festivals • NLC Providing Discount Pharmacy Services to Citizens • Concept of Housing in South King County 6. NEXT MEETING: Tuesday, June 8, 2010 5:30pm — Hylebos Conference Room 7. ADJOURNMENT Committee Members City Staff Jeanne Burbidge, Chair Cary M. Roe, P.E., Director of Parks, Public Works and Emergency Management Roger Freeman Mary Jaenicke, Administrative Assistant II Mike Park Action Council Presenter Page or Info Date 3 Action N/A Hutton 5 Action Consent 5/18/10 Ikerd 21 Action Consent 5/18/10 Ikerd 23 Action Consent 5/18/10 Pearsall 25 Action Ordinance First Reading 5/18/10 5. PENDING ITEMS • Festivals • NLC Providing Discount Pharmacy Services to Citizens • Concept of Housing in South King County 6. NEXT MEETING: Tuesday, June 8, 2010 5:30pm — Hylebos Conference Room 7. ADJOURNMENT Committee Members City Staff Jeanne Burbidge, Chair Cary M. Roe, P.E., Director of Parks, Public Works and Emergency Management Roger Freeman Mary Jaenicke, Administrative Assistant II Mike Park • • City of Federal Way City Council PARKS, RECREATION, HUMAN SERV ICES & PUBLIC SAFETY COUNCIL COMMITTEE Tuesday, April 13, 2010 5:30 p.m. SUMMARY Committee Members in Attendance: Committee Chair Jeanne Burbidge and Committee member Michael Park Committee Members Excused: Council member Freeman Staff Members in Attendance: Brian Wilson, City Manager/Police Chief, Amy Jo Pearsall, City Attorney, Director of Parks, Public Works & Emergency Management Cary Roe, Parks & Facilities Manager Steve Ikerd, Dumas Bay Coordinator Rob Ettinger, Commander Christ Norman, Commander Stan McCall, and Mary Jaenicke, Administrative Assistant II. Guests: Fred Konkell, Chair of the Parks & Recreation Commission Chair Burbidge called the meeting to order at 5:33p.m. Public Comment: None Commission Comments: None APPROVAL OF SUMMARY Council member Park moved to approve the March meeting summary. Council member Burbidge seconded. Motion passed. BUSINESS ITEMS Purchase a Ford F250 Super Cab Pickup Truck using Replacement Reserve money currently allocated for vehicle replacement Commander Norman presented the background information. The Traffic Section was scheduled to receive a Chevrolet Tahoe. Officers attended training for commercial vehicle enforcement through the Washington State Patrol, and they did not feel that the Tahoe would be a suitable vehicle. The F250 Super Cab pickup would be more versatile and enhance the capability of the Traffic Section. This truck is slightly more expensive; approximately $1500 more. If needed, the additional funding would come out existing traffic school funds. Council member Park moved to approve the purchase of one new Ford F250 Super Cab Pickup Truck with Replacement Reserve Monies. Council member Burbidge seconded. Motion passed. Mr. Wilson stated that the Commercial Vehicle enforcement is something that has been in their focus since their inception. It is something that is dependent upon training and equipment. There are many vehicles that come into the City to use Pacific Highway South to bypass the truck scales_ Landscape Bid Award Parks & Facilities Manager Ikerd presented the background information. The Department had a $40,000 decrease in the contract budget. Staff decided to cut down landscape services to six months. Bids were sent to six companies; five of them submitted bids. During the pre- meeting the companies were alerted that they may not receive the contract award for all of the sites. Three companies were awarded the bid — they are Osaka Garden Services, Omni Landscape Services and C &C Industries. By taking the low bid from these three companies there will be an annual savings of $2,889.58 per year. The companies are aware of this recommendation, and are okay with it. Council member Park moved to authorize bid awards for Landscape Maintenance Services for 8 City sites and award 3 year Maintenance Agreements in the amount of $59,840.55 for Omni Landscape Services, $38,946.00 for Osaka Gardens and $49,058.19 for C &C Industries. Council member Burbidge seconded. Motion passed. Proposed Resolution to Authorize the use of the Performance -Based Contract process for Energy Services Pursuant to Chapter 39.35A RCW City Attorney Pearsall presented the background information. The typical process would be to obtain an engineering firm to do the design for the HVAC system and then a public works contractor to build and install the system as designed by the A &E firm. But with the energy savings element, it is more difficult to mesh it all together. The Legislature is aware of this and has created a process specifically for performance -based contracts. It requires us to PARKS. RECREATION, HOAN SERVICES & PUBLIC SAFETY COU 4201L COMMITTEE Tuesday April 13, 2010 Summary Page 2 announce our intention to use this process and to advertise it. This Resolution fulfills half of the requirement and directs staff fulfill the other half; which is to publicize that we will be using this process. Mr. Roe stated that staff was concerned that we would hire a firm to do the design work, and target the savings, and then hire a second firm to realize the savings. The savings need to be obtained in order to pay the debt service on the state grant. If we did it the traditional way, we could end up with two different contractors and one contractor not wanting to honor the other contractors estimate. With the performance -based contract we can package it into one contractor to do the design work and the same contractor to implement. That company will be held accountable to the savings. Council member Park discovered this grant was available after he attended a meeting with Mt. Lake Terrace city staff. Using this process will save time and money. Council member Park moved to approve the proposed resolution to authorize the use of the performance -based contract process for energy services pursuant to Chapter 39.35 A RCW. Chair Burbidge seconded. Motion passed. Other Items Mayor Kochmar discussed the Local Jobs for Americans Act, which is in Congress right now. It is based on CDBG program; every city with a population over 60,000 receives direct funding. Council member Park stated that after Congress approves it, there will be a funding mechanism, and we can get more information. Committee Chair Burbidge stated that at a future PRHSPS Committee meeting she would like an update on two projects that the Parks & Recreation Commission is working on: (1) trails project and (2) disc golf. Fred Konkell, Chair of the Parks & Recreation Commission stated that some terms are expiring, and we also have vacancies on the Commission. Mr, Roe stated that those positions have been advertised, and we also have some commissioners whose terms are expiring that would like to reapply, and there are also alternates that are interested in serving as a voting commissioner. Council member Park stated for the record that the City Council received information that the Diversity Commission is developing a Senior Forum, and he thinks that this is a very good idea. City Manager/Police Chief Wilson stated that they are still pursuing combining Human Services and a Senior Commission. Mayor Kochmar would like to have recognition for the J.R. Celski family at a Council meeting. Com rr ittee Burbidge stated that at the Council meetings, they have been recognizing sports groups. She would also like to have other groups recognized, and make sure that they are covering all of the High Schools as equally as possible. NEXT MEETING May 3, 2010 6:15 p.m. in the Hylebos Conference Room ADJOURNMENT Meeting adjourned at 5:54 p.m. 4 40 0 COUNCIL MEETING DATE: May 18, 2010 CITY OF FEDERAL, WAY CITY COUNCIL AGENDA BILL • ITEM ##: SUBJECT: DSHS tNTERLOCAL AGREEMENT FOR RESPITE CARE — RECREATION SERVICES POLICY QUESTION: Should the city enter into an Interlocal Agreement with the Department of Social and Health Services (DSHS) Division of Developmental Disabilities (DUD) for funding recreation services for individuals with disabilities? COMMITTEE: PRHSPS MEETING DATE: May 3, 2010 CATEGORY: X Consent ❑ Ordinance ❑ City Council Business ❑ Resolution STAFF REPORT BY: John Hutton, Recreation Supervisor __ _ ___ ...... __ _ _ ..... ___... _. Attachments: Memorandum Cnterlocal Agreement ❑ Public Hearing ❑ Other DEPT: PRCS Options Considered: 1) Authorize the City Manager/Police Chief to enter into an Interlocal Agreement with DSHS Department of Developmental Disabilities to provide respite care opportunities through recreation services to individuals with disabilities. 2) Decline the authorization of the City Manager/Police Chief to enter into an Interlocal Agreement with Department of Disabilities. STAFF RECOMMENDATION: Option 1 CITY MANAGER APPROVAL: AwJ&-,y l(14j(o DIRECTOR APPROVAL: L Committee Council Committee Council COMMITTEE RECOMMENDATION: OPTION Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval to authorize the City Manage /Police Chief to enter into an Interlocal Agreement with DSHS Department of Developmental Disabilities to provide respite care opportunities through recreation services to individuals with disabilities " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED r'T reading ❑ TABLED /DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 02/06'2006 RESOLUTION # 5 7-'� CITY OF FEDERAL WAY PARKS, RECREATION & CULTURAL SERVICES DEPARTMENT Date: May 11, 2010 To: Parks, Recreation, Ituman Services & Public Safety Council Committee From: Gina Shaw, Community Recreation Coordinator Via: Brian Wilson, City Manager/Police Chief CC: Cary Roe, of Director, Parks, Public Works & Emergency Management Subject: DDD Interlocal Contract — Respite Policy Question Should the City enter into an Interlocal Agreement with Department of Social & Health Services (DSHS) Division of Developmental Disabilities (DDD) for funding recreation services for individuals with disabilities? Background The purpose of respite care for the clients of DDD is to provide intermittent relief to persons providing care for developmentally disabled individuals. The way that we provide this is through our Inclusive Recreation programs which take place at the Community Center and out in the community. Programming varies but includes day trips, classes, social clubs, cooking, theater, and much more. This agreement would allow clients to register for eligible recreation programs at no charge. DSHS would then reimburse the city for program fees. A copy of the agreement is attached. Option s 1. Authorize the City Manager to enter into an Interlocal Agreement with DSHS Department of Developmental Disabilities to provide respite care opportunities through recreation services to individuals with disabilities. 2. Decline the authorization for the City to enter into an Interlocal Agreement with DSHS Department of Developmental Disabilities. Cc: John Hutton, Recreation Supervisor 6 r i t ! DSHS Contract Number: INTERLOCAL AGREEMENT 1064 -89981 DEPARTMENT OF 'MLTti AGENCY RESPITE CARE 17skf7" �OCrAL seRVrces Check the box that applies: ❑ Out of Home in Licensed Residence or Facility ❑ Home Care Agency in Client's Home ® Community Settings (excluding IFS Program Participants) Check the box that applies This Contract is between the State of Washington Department of Social and Health Program Contract Number: Services (DSHS) and the Contractor identified below, and is issued pursuant to the Contractor Contract Number: Interlocal Cooperation Act, chapter 39.34 RCW. SSPS # 104021 CONTRACTOR NAME CONTRACTOR doing business as (DBA) City of Federal Way CONTRACTOR ADDRESS CONTRACTOR UNIFORM CONTRACTOR DSHS INDEX BUSINESS IDENTIFIER (UBI) NUMBER PO Box 9718 - - 70364 Federal Way WA 98063 -9718 CONTRACTOR CONTACT CONTRACTOR TELEPHONE CONTRACTOR FAX CONTRACTOR E -MAIL ADDRESS Gina Shaw 253 835 -6924 Ext: ( ) - DSHS ADMINISTRATION DSHS DIVISION DSHS CONTRACT CODE Aging and Disability Services Division of Developmental Disabilities 1735LP -64 Administration DSHS CONTACT NAME AND TITLE DSHS CONTACT ADDRESS Susan Winkler 1700 E. Cherry St. Contracts Coordinator Seattle WA 98122 -4695 DSHS CONTACT TELEPHONE DSHS CONTACT FAX DSHS CONTACT E -MAIL ADDRESS 206 568 -5685 Ext: 206 720 -3334 Winklsm2 dshs.wa. ov IS THE CONTRACTOR A SUBRECIPIENT FOR PURPOSES OF THIS CONTRACT? CFDA NUMBER(S) No CONTRACT START DATE CONTRACT END DATE CONTRACT MAXIMUM AMOUNT 4/15/2010 3/31/2013 Fee For Service EXHIBITS. The following Exhibit is attached and hereby incorporated into this Contract by reference: Exhibit A— Rate Schedule The terms and conditions of this Agreement are an integration and representation of the final, entire and exclusive understanding between the parties superseding and merging all previous agreements, writings, and communications, oral or otherwise, regarding the subject matter of this Agreement, between the parties. The parties signing below represent that they have read and understand this Contract, and have the authority to execute this Agreement. This Agreement shall be binding on DSHS only u pon signature by DSHS. CONTRACTOR SIGNATURE PRINTED NAME AND TITLE DATE SIGNED DSHS SIGNATURE PRINTED NAME AND TITLE DATE SIGNED John Cordy, Business Manager, DDD DSHS Central Contract Services 1735LP Agency Respite Care Interlocal (4- 15 -09) Page 1 0 0 DSHS General Terms and Conditions Definitions. The words and phrases listed below, as used in this Contract, shall each have the following definitions: a. "Central Contract Services" means the DSHS central headquarters contracting office, or successor section or office. b. "Confidential Information" means information that is exempt from disclosure to the public or other unauthorized persons under RCW 42.56 or other federal or state laws. Confidential Information includes, but is not limited to, Personal Information. c. "Contract" or "Agreement" means the entire written agreement between DSHS and the Contractor, including any Exhibits, documents, or materials incorporated by reference. The parties may execute this contract in multiple counterparts, each of which is deemed an original and all of which constitute only one agreement. E -mail or Facsimile transmission of a signed copy of this contract shall be the same as delivery of an original. d. "Contracts Administrator" means the manager, or successor, of Central Contract Services or successor section or office. e. "Contractor" means the individual or entity performing services pursuant to this Contract and includes the Contractor's owners, members, officers, directors, partners, employees, and /or agents, unless otherwise stated in this Contract. For purposes of any permitted Subcontract, "Contractor" includes any Subcontractor and its owners, members, officers, directors, partners, employees, and /or agents. f. "Debarment" means an action taken by a Federal agency or official to exclude a person or business entity from participating in transactions involving certain federal funds. g. "DSHS" or the "Department" means the state of Washington Department of Social and Health Services and its employees and authorized agents. h. "Encrypt" means to encode Confidential Information into a format that can only be read by those possessing a "key "; a password, digital certificate or other mechanism available only to authorized users. Encryption must use a key length of at least 128 bits. "Hardened Password" means a string of at least eight characters containing at least one alphabetic character, at least one number and at least one special character such as an asterisk, ampersand or exclamation point. j. "Personal Information" means information identifiable to any person, including, but not limited to, information that relates to a person's name, health, finances, education, business, use or receipt of governmental services or other activities, addresses, telephone numbers, Social Security Numbers, driver license numbers, other identifying numbers, and any financial identifiers. k. "Physically Secure" means that access is restricted through physical means to authorized individuals only. "Program Agreement" means an agreement between the Contractor and DSHS containing special terms and conditions, including a statement of work to be performed by the Contractor and payment to be made by DSHS. m. "RCW" means the Revised Code of Washington. All references in this Contract to RCW chapters or sections shall include any successor, amended, or replacement statute. Pertinent RCW chapters DSHS Central Contract Services g 1735LP Agency Respite Care Interlocal (4- 15 -09) Page 2 can be accessed at http: /f#ps.leg.wa.gov /rcw /. 0 n. "Regulation" means any federal, state, or local regulation, rule, or ordinance. o. "Secured Area" means an area to which only authorized representatives of the entity possessing the Confidential Information have access. Secured Areas may include buildings, rooms or locked storage containers (such as a filing cabinet) within a room, as long as access to the Confidential Information is not available to unauthorized personnel. p. "Subcontract" means any separate agreement or contract between the Contractor and an individual or entity ( "Subcontractor") to perform all or a portion of the duties and obligations that the Contractor is obligated to perform pursuant to this Contract. q. "Tracking" means a record keeping system that identifies when the sender begins delivery of Confidential Information to the authorized and intended recipient, and when the sender receives confirmation of delivery from the authorized and intended recipient of Confidential Information. "Trusted Systems" include only the following methods of physical delivery: (1) hand - delivery by a person authorized to have access to the Confidential Information with written acknowledgement of receipt; (2) United States Postal Service ( "USPS ") first class mail, or USPS delivery services that include Tracking, such as Certified Mail, Express Mail or Registered Mail; (3) commercial delivery services (e.g. FedEx, UPS, DHL) which offer tracking and receipt confirmation; and (4) the Washington State Campus mail system. For electronic transmission, the Washington State Governmental Network (SGN) is a Trusted System for communications within that Network. s. "Unique User ID" means a string of characters that identifies a specific user and which, in conjunction with a password, passphrase or other mechanism, authenticates a user to an information system. t. "WAC" means the Washington Administrative Code. All references in this Contract to WAC chapters or sections shall include any successor, amended, or replacement regulation. Pertinent WAC chapters or sections can be accessed at http: / /apps.leg.wa.gov /wac /. 2. Amendment. This Contract may only be modified by a written amendment signed by both parties. Only personnel authorized to bind each of the parties may sign an amendment. 3. Assignment. The Contractor shall not assign this Contract or any Program Agreement to a third party without the prior written consent of DSHS. 4. Billing Limitations. a. DSHS shall pay the Contractor only for authorized services provided in accordance with this Contract. b. DSHS shall not pay any claims for payment for services submitted more than twelve (12) months after the calendar month in which the services were performed. c. The Contractor shall not bill and DSHS shall not pay for services performed under this Contract, if the Contractor has charged or will charge another agency of the state of Washington or any other party for the same services. 5. Compliance with Applicable Law. At all times during the term of this Contract, the Contractor shall comply with all applicable federal, state, and local laws and regulations, including but not limited to, nondiscrimination laws and regulations. DSHS Central Contract Services 1735LP Agency Respite Care Interlocal (4- 15 -09) 9 Page 3 6. Confidentiality. • a. The Contractor shall not use, publish, transfer, sell or otherwise disclose any Confidential Information gained by reason of this Contract for any purpose that is not directly connected with Contractor's performance of the services contemplated hereunder, except: (1) as provided by law; or, (2) in the case of Personal Information, with the prior written consent of the person or personal representative of the person who is the subject of the Personal Information. b. The Contractor shall protect and maintain all Confidential Information gained by reason of this Contract against unauthorized use, access, disclosure, modification or loss. This duty requires the Contractor to employ reasonable security measures, which include restricting access to the Confidential Information by: (1) Allowing access only to staff that have an authorized business requirement to view the Confidential Information. (2) Physically Securing any computers, documents, or other media containing the Confidential Information. (3) Ensure the security of Confidential Information transmitted via fax (facsimile) by: (a) Verifying the recipient phone number to prevent accidental transmittal of Confidential Information to unauthorized persons. (b) Communicating with the intended recipient before transmission to ensure that the fax will be received only by an authorized person. (c) Verifying after transmittal that the fax was received by the intended recipient. (4) When transporting six (6) or more records containing Confidential Information, outside a Secure Area, do one or more of the following as appropriate: (a) Use a Trusted System. (b) Encrypt the Confidential information, including: Encrypting email and /or email attachments which contain the Confidential Information. ii. Encrypting Confidential Information when it is stored on portable devices or media, including but not limited to laptop computers and flash memory devices. Note: If the DSHS Data Security Requirements Exhibit is attached to this contract, this item, 6.b.(4), is superseded by the language contained in the Exhibit. (5) Send paper documents containing Confidential Information via a Trusted System. (6) Following the requirements of the DSHS Data Security Requirements Exhibit, if attached to this contract. c. Upon request by DSHS, at the end of the Contract term, or when no longer needed, data shall be returned to DSHS or Contractor shall certify in writing that the they employed a DSHS approved method to destroy the information. Contractor may obtain information regarding approved DSHS Central Contract Services 1735LP Agency Respite Care Interlocal (4- 15 -09) 10 Page 4 destruction methods from itle DSHS contact identified on the cover page of this Contract. d. Paper documents with Confidential Information may be recycled through a contracted firm, provided the contract with the recycler specifies that the confidentiality of information will be protected, and the information destroyed through the recycling process. Paper documents containing Confidential Information requiring special handling (e.g. protected health information) must be destroyed on -site through shredding, pulping, or incineration. e. Notification of Compromise or Potential Compromise. The compromise or potential compromise of Confidential Information must be reported to the DSHS Contact designated on the contract within one (1) business day of discovery. Contractor must also take actions to mitigate the risk of loss and comply with any notification or other requirements imposed by law or DSHS. 7. Debarment Certification. The Contractor, by signature to this Contract, certifies that the Contractor is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency from participating in transactions (Debarred). The Contractor also agrees to include the above requirement in any and all Subcontracts into which it enters. The Contractor shall immediately notify DSHS if, during the term of this Contract, Contractor becomes Debarred. DSHS may immediately terminate this Contract by providing Contractor written notice if Contractor becomes Debarred during the term hereof. Governing Law and Venue. This Contract shall be construed and interpreted in accordance with the laws of the state of Washington and the venue of any action brought hereunder shall be in Superior Court for Thurston County. 9. Independent Contractor. The parties intend that an independent contractor relationship will be created by this Contract. The Contractor and his or her employees or agents performing under this Contract are not employees or agents of the Department. The Contractor, his or her employees, or agents performing under this Contract will not hold himself /herself out as, nor claim to be, an officer or employee of the Department by reason hereof, nor will the Contractor, his or her employees, or agent make any claim of right, privilege or benefit that would accrue to such officer or employee. 10. Inspection. The Contractor shall, at no cost, provide DSHS and the Office of the State Auditor with reasonable access to Contractor's place of business, Contractor's records, and DSHS client records, wherever located. These inspection rights are intended to allow DSHS and the Office of the State Auditor to monitor, audit, and evaluate the Contractor's performance and compliance with applicable laws, regulations, and these Contract terms. These inspection rights shall survive for six (6) years following this Contract's termination or expiration. 11. Maintenance of Records. The Contractor shall maintain records relating to this Contract and the performance of the services described herein. The records include, but are not limited to, accounting procedures and practices, which sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Contract. All records and other material relevant to this Contract shall be retained for six (6) years after expiration or termination of this Contract. Without agreeing that litigation or claims are legally authorized, if any litigation, claim, or audit is started before the expiration of the six (6) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. 12. Order of Precedence. In the event of any inconsistency or conflict between the General Terms and Conditions and the Special Terms and Conditions of this Contract or any Program Agreement, the inconsistency or conflict shall be resolved by giving precedence to these General Terms and Conditions. Terms or conditions that are more restrictive, specific, or particular than those contained in the General Terms and Conditions shall not be construed as being inconsistent or in conflict. DSHS Central Contract Services 1735LP Agency Respite Care Interlocal (4- 15 -09) 11 Page 5 • 0 13. Severability. If any term or condition of this Contract is held invalid by any court, the remainder of the Contract remains valid and in full force and effect. 14. Survivability. The terms and conditions contained in this Contract or any Program Agreement which, by their sense and context, are intended to survive the expiration or termination of the particular agreement shall survive. Surviving terms include, but are not limited to: Billing Limitations; Confidentiality, Disputes; Indemnification and Hold Harmless, Inspection, Maintenance of Records, Notice of Overpayment, Ownership of Material, Termination for Default, Termination Procedure, and Treatment of Property. 15. Termination Due to Change in Funding. If the funds DSHS relied upon to establish this Contract or Program Agreement are withdrawn, reduced or limited, or if additional or modified conditions are placed on such funding, DSHS may immediately terminate this Contract by. providing written notice to the Contractor. The termination shall be effective on the date specified in the termination notice. 16. Waiver. Waiver of any breach or default on any occasion shall not be deemed to be a waiver of any subsequent breach or default. Any waiver shall not be construed to be a modification of the terms and conditions of this Contract. Only the DSHS Chief Administrative Officer or designee has the authority to waive any term or condition of this Contract on behalf of DSHS. Additional Terms and Conditions — Interlocal Agreement 17. Disputes. Disputes shall be determined by a Dispute Board. Each party to this Agreement shall appoint one member to the Dispute Board. The members so appointed shall jointly appoint an additional member to the Dispute Board. The Dispute Board shall review the facts, Agreement terms, and applicable statutes and rules and make a determination of the dispute. As an alternative to this process, either party may request intervention by the Governor, as provided by RCW 43.17.330, in which event the Governor's process shall control. Participation in either dispute process shall precede any judicial or quasi - judicial action and shall be the final administrative remedy available to the parties. 18. Hold Harmless. a. The Contractor shall be responsible for and shall hold DSHS harmless from all claims, loss, liability, damages, or fines arising out of or relating to the Contractor's, or any Subcontractor's, performance or failure to perform this Agreement, or the acts or omissions of the Contractor or any Subcontractor. DSHS shall be responsible for and shall hold the Contractor harmless from all claims, loss, liability, damages, or fines arising out of or relating to DSHS' performance or failure to perform this Agreement. b. The Contractor waives its immunity under Title 51 RCW to the extent it is required to indemnify, defend, and hold harmless the State and its agencies, officials, agents, or employees. 19. Ownership of Material. Material created by the Contractor and paid for by DSHS as a part of this Contract shall be owned by DSHS and shall be "work made for hire" as defined by Title 17 USCA, Section 101. This material includes, but is not limited to: books; computer programs; documents; films; pamphlets; reports; sound reproductions; studies; surveys; tapes; and /or training materials. Material which the Contractor uses to perform the Contract but is not created for or paid for by DSHS is owned by the Contractor and is not "work made for hire; however, DSHS shall have a perpetual license to use this material for DSHS internal purposes at no charge to DSHS, provided that such license shall be limited to the extent which the Contractor has a right to grant such a license. 20. Subrecipients. DSHS Central Contract Services 1735LP Agency Respite Care Interlocal (4- 15 -09) 12 Page 6 a. General. If the Contractota subrecipient of federal awards as deed by Office of Management and Budget (OMB) Circular A -133 and this Agreement, the Contractor shall: (1) Maintain records that identify, in its accounts, all federal awards received and expended and the federal programs under which they were received, by Catalog of Federal Domestic Assistance (CFDA) title and number, award number and year, name of the federal agency, and name of the pass- through entity; (2) Maintain internal controls that provide reasonable assurance that the Contractor is managing federal awards in compliance with laws, regulations, and provisions of contracts or grant agreements that could have a material effect on each of its federal programs; (3) Prepare appropriate financial statements, including a schedule of expenditures of federal awards; (4) Incorporate OMB Circular A -133 audit requirements into all agreements between the Contractor and its Subcontractors who are subrecipients; (5) Comply with any future amendments to OMB Circular A -133 and any successor or replacement Circular or regulation; (6) Comply with the applicable requirements of OMB Circular A -87 and any future amendments to OMB Circular A -87, and any successor or replacement Circular or regulation; and (7) Comply with the Omnibus Crime Control and Safe streets Act of 1968, Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, Title II of the Americans with Disabilities Act of 1990, Title IX of the Education Amendments of 1972, The Age Discrimination Act of 1975, and The Department of Justice Non - Discrimination Regulations, 28 C.F.R. Part 42, Subparts C.D.E. and G, and 28 C.F.R. Part 35 and 39. (Go to www.oip.usdoi.gov /ocr/ for additional information and access to the aforementioned Federal laws and regulations.) b. Single Audit Act Compliance. If the Contractor is a subrecipient and expends $500,000 or more in federal awards from any and /or all sources in any fiscal year, the Contractor shall procure and pay for a single audit or a program - specific audit for that fiscal year. Upon completion of each audit, the Contractor shall: (1) Submit to the DSHS contact person the data collection form and reporting package specified in OMB Circular A -133, reports required by the program - specific audit guide (if applicable), and a copy of any management letters issued by the auditor; (2) Follow -up and develop corrective action for all audit findings; in accordance with OMB Circular A -133, prepare a "Summary Schedule of Prior Audit Findings." c. Overpayments. if it is determined by DSHS, or during the course of a required audit, that the Contractor has been paid unallowable costs under this or any Program Agreement, DSHS may require the Contractor to reimburse DSHS in accordance with OMB Circular A -87. 21. Termination. a. Default. If for any cause, either party fails to fulfill its obligations under this Agreement in a timely and proper manner, or if either party violates any of the terms and conditions contained in this Agreement, then the aggrieved party will give the other party written notice of such failure or violation. The responsible party will be given 15 working days to correct the violation or failure. If the failure or violation is not corrected, this Agreement may be terminated immediately by written notice from the aggrieved party to the other party. DSHS Central Contract Services 1735LP Agency Respite Care Interlocai (4- 15 -09) 13 Page 7 b. Convenience. Either pa may terminate this Interlocal Agreem lit for any other reason by providing 30 calendar days' written notice to the other party. c. Payment for Performance. If this Interlocal Agreement is terminated for any reason, DSHS shall only pay for performance rendered or costs incurred in accordance with the terms of this Agreement and prior to the effective date of termination. 22. Treatment of Client Property. Unless otherwise provided, the Contractor shall ensure that any adult client receiving services from the Contractor has unrestricted access to the client's personal property. The Contractor shall not interfere with any adult client's ownership, possession, or use of the client's property. The Contractor shall provide clients under age eighteen (18) with reasonable access to their personal property that is appropriate to the client's age, development, and needs. Upon termination of the Contract, the Contractor shall immediately release to the client and /or the client's guardian or custodian all of the client's personal property. DSHS Central Contract Services 1735LP Agency Respite Care Interlocal (415 -09) 14 Page 8 0 0 Special Terms and Conditions 1. Definitions. The words and phrases listed below, as used in this Contract, shall each have the following definitions: a. "Assistance" means help provide to a client for the purpose of aiding him /her in the performance of tasks. b. "Authorized" means approved by a DDD case manager /social worker as evidenced by receipt of an SSPS Social Services notice. c. "Case Resource Manager" means the DSHS or DDD worker assigned to a client and who authorized the services performed under this Contract. d. "Client" means a person whom DSHS has determined financially and programmatically eligible to receive services and for whom specific services have been authorized. e. "Community Settings" means a place such as community center, senior center, park and recreation, summer programs, or adult day care. f. "DDD" means the Division of Developmental Disabilities within the DSHS Aging and Disabilities Service Administration. g. "Physical Assistance" means the provision of hands -on assistance on the performance of daily tasks or activities. h. "Primary Caregiver(s)" or "Caregiver" means the parents, legal guardians or other persons who have or assume primary responsibility for the necessary care of the client. i. "Protective Supervision" means supervision to ensure the safety and well being of a client, exclusive of those responsibilities which should be assumed by a legal guardian. j. Respite Care" means intermittent relief for persons providing care for developmentally disabled individuals on either an emergency or planned basis. k. "SSPS" means the Social Service Payment System, the service authorization and payment system used by DSHS. I. "Service Plan" means an individual support plan (ISP) which is a written plan for long term care service delivery. The ISP identifies ways to meet the Client's needs with the most appropriate services. m. "Transportation Services" means the process of transporting a client from one location to another. n. "Unusual Incidents" means a change in circumstances or events that concern a client's safety or well being_ These may include, but are not limited to the following examples: an increased frequency, intensity, or duration of any medical conditions;, adverse reactions to medication, severe behavioral incidents that are unlike the client's ordinary behavior, severe injury, running away, physical or verbal abuse to themselves or others, etc. 2. Purpose. The purpose of respite care is to provide intermittent relief for persons providing care for DDD clients, on either an emergency or planned basis, to assist a client to remain in the least restrictive DSHS Central Contract Services 15 1735LP Agency Respite Care Interlocal (4- 15 -09) Page 9 environment. it :7 Care shall be provided in the residence of the client's family /relative, in the licensed residence /facility of the Contractor, or in a Community Setting. 3. Contractor Qualifications. a. The Contractor shall be licensed, registered, and certified as is required by law. b. Community settings providing respite care must meet the regulations governing their business or activity. c. The Contractor agrees to undergo a criminal history background check conducted by DSHS, as required by RCW 43.20A.710. If the Contractor has employees or volunteers who will have unsupervised access to Clients in the course of performing the work under this Contract, the Contractor will conduct criminal history background checks on those employees. 4. Statement of Work. The Contractor shall provide the services and staff, and otherwise do all things necessary for or incidental to the performance of work, as set forth below: a. Upon receipt of and in accordance with the provisions of a written service authorization form issued by DSHS the Contractor shall: (1) Provide physical assistance, support and protective supervision to the client in daily routine activities and to prevent injury to him or herself and to others; (2) Obtain information about the client's identified needs and care requirements from the parent(s) or primary caregiver(s) and ensure that the client's needs are met while providing services; (3) Contact the client's parent or primary caregiver(s) if the Contractor has not heard from them within seven (7) days of the Contractor's receipt of the service authorization to make arrangements for specific dates and times of care; (4) Make arrangement with the primary provider of assistance for emergency medical treatment should this become a necessity (5) Maintain copies of all Social Service Payment System (SSPS) authorizations to provide services; and (6) Complete and maintain copies of the work verification records for all services provided. These records shall be kept on file by the Contractor for the duration of this Contract and thereafter for a period of 6 years and will be available to DSHS upon request for purposes of audit, monitoring and /or service verification. b. In addition to the above, the contractor may also provide as authorized the following: (1) Provide the client transportation to and from community resources and agencies; (2) Provide written progress reports as requested by a DDD Case Resource Manager or per other DDD procedures; and C. Community Settings shall provide care that assists the client's participation in a safe manner. (See section 4.e.(3).(a) through (f) below). d. Contractor shall not require client, client's guardian and /or client's legal representative to enter into DSHS Central Contract Services 1735LP Agency Respite Care Interlocal (4- 15 -09) 16 Page 10 any agreement releasingfimiting contractor's legal liability for inlPes arising out of premises operation, acts of independent contractors, products completion, or personal injuries sustained due to contractor's negligence in connection with providing services under this contract unless contractor, at the same time, requires client, client's guardian and /or client's legal representative to release the State of Washington and all of its agencies, agents, contractors, servants and employees from liability for any acts of contractor causing injuries arising out of premises operation, acts of independent contractors, products completion, or personal injuries sustained due to contractor's negligence in connection with providing services under this contract. e. Further Requirements for Agency and Licensed Facilities: (1) The Contractor shall not provide care if there is no vacant bed in the licensed home or the provision of care exceeds the number of licensed beds in the home. (2) The Contractor shall ensure that they or their care providers possess the following minimum qualifications: (a) Be twenty -one (21) years of age or older; (b) Possess the following minimum standards of knowledge and experience: i. General knowledge of acceptable standards of performance, including the necessity to perform dependably, report punctually, maintain flexibility, and to demonstrate kindliness and caring to the client; and Knowledge of when and how to contact the client's representative and the client's case manager. i (c) Adequate skills to read, either directly or through an interpreter, understand, and implement the services authorized in the plan; (d) Adequate communication skills to convey and understand, either directly or through an interpreter, information required to implement the client's written service plan(s) and verbal instructions; and (e) Adequate skills to maintain provider records of services performed and payments received. (3) The Contractor shall ensure that the care providers are able to: (a) Understand specific directions for providing the care that an individual client requires; (b) Provide services within the scope of practice for their profession /skill level; (c) Observe the client for change in health status, including weakness, confusion, and loss of appetite; (d) Identify problem situations and take appropriate action; (e) Respond to emergencies without direct supervision; and (f) Accept the client's individual differences and preferences when performing routine tasks. f. Cooperate with DSHS in the evaluation of their performance under the terms of this Contract including the following: DSHS Central Contract Services 1735LP Agency Respite Care Interlocal (4- 15 -09) 17 Page 11 1 0 (1) Follow -up contact w9 clients, their families, guardians or primary caregivers regarding their 9 9 satisfaction with the services provided; (2) Investigation and documentation of all complaints about the service provided; and (3) Periodic monitoring of service documentation records, verification of provider qualifications, and of billing and payment data in SSPS. 5. Consideration. Total consideration payable to Contractor for satisfactory performance of the work under this Contract shall be based on the following: a. The fee for service shall not exceed the rate listed in Exhibit A — Rate Schedule. b. DSHS will only reimburse the Contractor for the number of hours authorized and provided per client. c. In case of a legislatively mandated vendor rate change, the rates will be adjusted accordingly and will be incorporated into this Contract on the date the rate(s) become effective. DSHS will provide written notification of rate increases to the Contractor. 6. Billing and Payment. a. DSHS shall issue invoices generated by SSPS to the Contractor. b. The Contractor shall indicate on each invoice received from DSHS whether the services were delivered. c. The Contractor shall submit the invoices for payment as directed on the invoice or by using Invoice Express. d. The Contractor shall contact the DSHS staff who authorized the services if there is any problem with the SSPS invoice. e. DSHS shall use the completed SSPS invoice to generate payment to the Contractor. f. DSHS shall not pay the Contractor for cancelled or missed appointments, nor for scheduled hours of service when clients are not seen or served by the Contractor. g. In the event that the Client has fewer waiver resources available than the rate set in Exhibit A, the client or their family may choose to receive the services and pay the difference of the authorized amount and the Exhibit A set rate. The authorization will reflect this difference, if any. The Contractor accepts the DSHS payment amount, together with any Client participation amount, as sole and complete payment for the services provided under this Contract. The Contractor agrees to be responsible for collection of the Client's participation amount (if any) from the Client in the month in which services are provided. h. DSHS will only reimburse the Contractor for authorized services provided to clients in accordance with this Contract's Statement of Work and the client's Service Plan. If DSHS pays the Contractor for any other services, the amount paid shall be considered an overpayment and must be returned to the Department. i. If DSHS pays the Contractor for services authorized but not provided by the Contractor the amount paid shall be considered to be an overpayment. If this Contract is terminated for any reason, DSHS shall pay for only those services authorized and DSHS Central Contract Services 1735LP Agency Respite Care Interlocal (4- 15 -09) 18 Page 12 provided through the dateftermination. is 7. Duty to Report Suspected Abuse. In addition to the preceding Services, the Contractor shall report, in accordance with state law, all instances of suspected Client abuse immediately to the Department at the current state abuse hotline (1- 800 - 562- 6078). 8. Duty to Report Unusual incidents. The Contractor shall submit written information of any unusual incident to the DDD Resource Manager or the DSHS contact listed on page 1 of this Contract within seventy -two (72) hours. 9. Duty to Report Death of Clients. The Contractor shall report all deaths of DSHS clients receiving services from the Contractor within twenty -four (24) hours to the DDD Resource Manager or the DSHS contact listed on page 1 of this contract. 10. Drug Free Workplace. The Contractor, and the Contractor's employees and sub - contractors, shall abstain from the use of alcohol and illegal drugs in the workplace and in the performance of their duties. 11. Insurance. For purposes of this Agreement: a. DSHS certifies that it is self - insured under the State's self- insurance liability program, as provided by RCW 4.92.130, and shall pay for losses for which it is found liable. b. The Contractor certifies, by checking the appropriate box below, initialing to the left of the box selected, and signing this Agreement, that: ® The Contractor is self- insured or insured through a risk pool and shall pay for losses for which it is found liable; or ❑ The Contractor maintains the types and amounts of insurance identified below and shall, prior to the execution of this Agreement by DSHS, provide certificates of insurance to that effect to the DSHS contact on page one of this Agreement. Commercial General Liability Insurance (CGL) — to include coverage for bodily injury, property damage, and contractual liability, with the following minimum limits: Each Occurrence - $1,000,000; General Aggregate - $2,000,000. The policy shall include liability arising out of premises, operations, independent contractors, products - completed operations, personal injury, advertising injury, and liability assumed under an insured contract. The State of Washington, DSHS, its elected and appointed officials, agents, and employees shall be named as additional insureds. DSHS Central Contract Services 1735LP Agency Respite Care Interlocal (415 -09) 19 Page 13 a Exhibit A Rate Table of Provider Rate Payment, ,, - - :Payment Codes Calculation Out -of home in a licensed $10 .03 hr facility: • Daycare /Childcare Daily = $80.24 Not to exceed 8 hours in a 24 hour period. 7362— Agency respite (IFS) • Child foster home, (8 hrs x $10.031 • AFH s ARC 7811 (VPS state- only) Prior approval required to authorize 8178, 8278, 8378, Child group home $17.38hr more than 8 hours Not to exceed 8 hours 8377 7362 — Age- gency Staffed residential home in a 24 hour period respite (IFS) Prior approval 8177, 8277, 8377 required to authorize 8777 more than 8 hours Home care agency: $17.38hr Pay for each hour 7362— Agency in client's home respite (IFS) 8177, 8277, Camp and other community $17.38hr Number of Hours = ` 8377,8777 settings providing respite Cost of service _ 8177, 8277, 8377, $17.38. 8777 Round up to the nearest hour. Notes: • Respite and personal care cannot be paid at the same time for the same service. Respite services include any personal care and supervision that is needed. • SSPS authorizations will be authorized at an hourly rate. • Community Settings will be reimbursed at the Contractor's published fee for services provided. A copy of the Contractor's Published Service and Fee Schedule can be located at the following web site . A printed copy of the Contractor's Published Service and Fee Schedule shall be maintained in the Contractor's Contract file for each year services are provided by this Contract. • Respite services must be tracked separately from personal care services. DSHS Central Contract Services 20 1735LP Agency Respite Care Interiocal (4- 15 -09) Page 14 0 # 0 COUNCIL MEETING DATE: May 18, 2010 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: SUBJECT.- FIRST AMENDMENT FOR LANDSCAPE SERVICES AT FEDERAL WAY COMMUNITY" CENTER POLICY QUESTION: Should the Council authorize a first amendment for a service contract with Green Effects? COMMITTEE: PRPSC MEETING DATE: May 3, 2010 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY . Stephen lkerd Parks & Facilities Manager DEPT: PRCS ......... _ .._...... _ b ..... _.._..... .. ...... Green Effects has successfully provided Landscape Maintenance Service to the Federal Way Community Center for 2 years. By mutual agreement we seek authorization to extend their service contract for an additional 2 years at a reduced rate of $18,660.42 per year. Reduction is due to warranty period completion on streetscape and Public Works assumed responsibility for the trees and mow strip. Amendment summary: Contract summary: $40,000.00 - total current adjusted operations budget for 2 yrs. $54,964.22 — original contract (2008 -2010) 37,320.84 -- total amount for a 2 yr extension.(2010 -12) 37,320.84 — 1't amendment (2010 -2012) 2,679.16 — balance remaining in landscape line item. $92,285.06 — total 4 yr amount not to exceed Attachments: none Options Considered: 1 Authorize the 1st amendment 2. Do not authorize the 1't amendment & give direction _ -- -- ... ...... _ - STAFF RECOMMENDATION: Staff recommends Council authorize option 1 and approve a first amendment with Green Effects for $37,320.84, effective May 1, 2010 through April 30, 2012 with a total contract compensation of $92,285.06 CITY I'IANAGER APPROVAL: l.r.IW ' � DIRECTOR APPROVAL: f Conunittee Council Co Council COMMITTEE RECOMMENDATION: Approve option l; first amendment with Green Effects for $37,320.84, effective May 1, 2010 through April 30, 2012 with a total contract compensation of $92,285.06 and forward to full Council on consent agenda May 18th, 2010 for approval. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of option 1; first amendment with Green Effects for 837,320.84. effective May 1, 2010 through April 30, 2012 with a total contract compensation of $92,285.06 and authorize the City Manger /Police Chief to execute the amendment " (BELOW TO BE COMPLETED BYCITYCLERKS OFFICE) COUNCIL ACTION. ❑ APPROVED COUNCIL BILL # ❑ DENIED 1sT reading ❑ TABLED/DEFERRED /NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) 21 ORDINANCE # REVISED - 02/06/2006 RESOLUTION # 0 0 0 0 COUNCIL MEETING DATE: May l8, 2010 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: RUSH COMMERCIAL CONSTRUCTION, INC. RETAMAGE RELEASE POLICY QUESTION: Should the City accept the contract with Rush Commercial Construction, Inc - as complete and authorize staff to release their retainage.' COMMITTEE: PRHSPS Committee MEETING DATE: May 3, 2010 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Stephen Ikerd, Parks & Facilities Manager DEPT: PRCS Attachments: See Attached Rush Commercial Construction, Inc. Retainage memo Options Considered: 1. Accept the contract as complete 2. Do not accept the contract as complete and provide staff direction. STAFF RECOMMENDATION: Staff recommends Council accept the contract as complete and authorize staff to release retainage in the amount of $2,760.53 to Rush Commercial Construction, Inc. CITY MANAGER APPROVAL: D h is on y it. DIRECTOR APPROVAL: to Committee to Council to Committee To Cotuicil COMMITTEE RECOMMENDATION: Option: Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move to accept the contract as complete and authorize staff to release retainage in the amount of ,2760.53 to Rush Commercial Construction, Inc. " (BELOW TO BE COMPLETED BY CITYCLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED Is" reading ❑ TABLED /DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 02/06/2006 RESOLUTION # 23 CITY OF 0 Federal Way Parks and Facilities Division Date: May 3, 2010 To: PRHSPS Council Committee From_ Stephen Ikerd, Parks & Facilities Manager Subject: Rush Commercial Construction, Inc. Retainage release History: The City contracted with Rush Commercial Construction, Inc. for the Cafe construction and installation of equipment at the Federal Way Community Center. The total construction amount of $60,455.60 including tax ended up being $1,273.97 above the original contract amount, due to one change order. The change order resulted from the difference between the bid plans to the discovery of extra thick concrete in the floor where new drain lines were installed. This extra concrete removal and pour back resulted in more work and materials than quoted. The entire Cafe project was funded with $111,896.00 in the budget. The project was planned with two separate contracts, which included the supply of commercial restaurant equipment for a total of $25,458.25 and this construction phase total of $60,455.60, resulting in a grand total of $85,913.85. 10% contingency was not included in the Rush Commercial Construction, Inc. contract, so an amendment to their contract was created. The $1,273.97 will be paid out of the balance in the allocated project amount of $111,896.00. Rush Commercial Construction, Inc. has completed all the work within their contract and staff is requesting that Council approve to accept the work as complete and release the 5% retainage amount of $2,760.53. Budget Summary: $ 54,047.23 Rush Commercial original contract amount +1,163.44 Change order 55,210.57 Rush Commercial subtotal 5,245.03 Sales tax $ 60,455.60 Total Rush Commercial contract amount +25,458.25 Supply of Commercial restaurant equipment $85,913.85 Total amount for the supply of equipment and construction $111,896.00 Council approved funding - 85,913.85 Total supply and construction $25,982.15 Balance after the supply and construction phase of the Cafe Retainage calculation: $55,210.57 Contract total before tax; which Retainage is calculated from. 5% - held for Retainage = $2,760.53 24 CC — Cary Roe; P.E., Parks & Public Works Director/ Emergency Manager 0 0 COUNCIL MEETING DATE: May 18, 2010 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: PROPOSED ORDINANCE AMENDING TITLE 9, "ANIMALS." POLICY QUESTION: Should City Council approve the proposed ordinance amending Title 9, "Animals ?" 3 COMMITTEE: PRHSPS MEETING DATE: 5/K /2010 CATEGORY: ❑ Consent ® Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Patricia Richardson, City Attorney DEPT: Law Attachments: Staff Report and Proposed Ordinance Background: City Council has authorized the termination of the City's Interlocal Agreement with King County for Animal Control Services. A new Animal Services Unit of the Federal Way Police Department has been created to provide animal services to the residents of the City of Federal Way. This proposed ordinance would update Title 9 to reflect the change in the animal services authority for the City, remove reference to the King County code, consolidate duplicative provisions and chapters of the title, and provide for the continuation of services throughout the transition from King County Animal Care and Control to the Federal Way Animal Services Unit_ Options Considered: 1) Approve the proposed ordinance. 2) Do not approve the proposed ordinance. STAFF RECOMMENDATION: Option 1: Forward the proposed ordinance amending Title 9, "Animals," to the May 18 "' City Council meeting for First Reading. CITY MANAGER APPROVAL: 'PS-.1 Llldhj to DIRECTOR APPROVAL: e�- Committee Council Committee oC uncil COMMITTEE RECOMMENDATION: Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION(S): 1ST READING OF ORDINANCE (MAY 18, 2010): "1 move to for►vard the ordinance to a second reading for enactment on the June 1 St consent agenda. " 2" READING OF ORDINANCE (JUNE 1, 2010): "1 move approval of'the proposed ordinance amending Title 9, `Animals. "' 25 (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED t'T reading ❑ TABLED /DEFERRED /NO ACTION Enactment reading ❑ YIOVED TO SECOND READING (ordinances only) ORDINANCE it REV[SED - 02/06/2006 RESOLUTION a 25 i 0 AI�k CITY OF d - ; • WaN, CITY ATTORNEY'S OFFICE MEMORANDUM DATE: MAY 1, 2010 TO: CITY COUNCIL MEMBERS CC: BRIAN WILSON, CITY MANAGER/POLICE CHIEF FROM: PATRICIA RICHARDSON, CITY ATTORNEY AMY JO PEARSALL, ASSISTANT CITY ATTORNEY SUBJECT: PROPOSED ORDINANCE REVISING TITLE 9. --ANIMALS" On, February- 16, 2010, City Council authorized the termination of the City's interlocal Agreement with King County for Animal Control Services. That termination will be effective on June 30, 2010. A new Animal Services Unit of the Federal VC,ay Police Department has been created to provide animal services to the residents of the City of Federal Way beginning July 1, 2010. This proposed ordinance would update Title 9 to reflect the change in the animal services authority for the City, remove reference to the King County code, consolidate duplicative provisions and chapters of the title, and provide for the continuation of services throughout the transition from King County animal Care and Control to the Federal Way Animal Services. Unit. The following is a broad -view outline of the changes that were made: A. Consolidate /restructure Title 9 from 9 chapter to 4 chapters as follows: • Chapters 9.05 and 9.35 combined into the new Chapter 9.05 • Chapters 9.40 and 9.45 combined into the new Chapter 9.09 • Chapters 9.10, 9.15 and 9.20 combined into the new Chapter 9.18 • Chapters 9.25 and 9.30 combined into the new Chapter 9.25 B. Definitions: • Updated `'animal control" to "animal services" • Director has been redefined as the Chief of Police • Authority has been updated to F %X PD Animal Services Unit • Updated age of an adult cat and dog from 6 months to 21 weeks (recommendation from our city - contracted shelter) • New definitions added: leash, neutered /spayed, pet daycare, proper enclosure, and provocation C. Removed all references to the county and the county code D. Consolidated exemptions to certain provisions (they were scattered throughout) E. Referenced enforcement options we already have in place in Chapter 1.15 RVRC (provides for consistent enforcement of civil violations) F. Streamlined cat and dog licensing into one, more user - friendly code section G. Added /created licensing requirements for pet daycares (missing from existing chapter) 26 0 0 H. Added language to businesses licensing sections to make it clear that general business registration also required (this is our current practice, but it is not expressly contained in our code) I. Consolidated dangerous animal chapters into one chapter for case of use — no changes were made to the substance of these provisions As you can see, most of these changes are housekeeping in nature. Staff's goal was to facilitate the transition of services and not overhaul our animal control code provisions. With very few, minor exceptions, the substance of our current code remains the same. The proposed effective date of this ordinance is July 1, 2010. Because the City will be taking over animal services from the county on July 11t, this ordinance must be in effect by July 1St to allow for a seamless transition. if this committee recommends approval of this ordinance, it will go to First Reading on May 18 and to Second Reading on June 1. If it is enacted on June 1St, it will be published on June 5; however, 30 days from June 5 is after July 1. Therefore, in order to ensure that there is not a break in animal services to the residents of Federal Wav, it is recommended that the Council find that this ordinance is necessary for the immediate preservation of public peace, health and safety and not subject to initiative or referendum. Such a finding, along with unanimous consent of the Council, will allow for an effective date of July 1, 2010. A copy of the proposed ordinance is attached to this memo. K: \memo \2010 \staff report — animal services 27 0 ORDINANCE NO. �1 AN ORDINANCE of the City of Federal Way, Washington, relating to Animal Services, specifically, Title 9, "Animals," of the Federal Way Revised Code; amending Chapters 9.05 and 9.25 FWRC, repealing Chapters 9.10, 9.15, 9.20, 9.30, 9.35, 9.40 and 9.45 FWRC, and creating new Chapters 9.09 and 9.18 FWRC. (Amending Ord. Nos. 09 -592, 08- 574, 07 -573, 06 -530, 06 -527, 05 -495, 01 -394, 92 -153, 90 -30) WHEREAS, Federal Way Revised Code ( "FWRC ") Title 9, "Animals," sets forth the administration, regulations, enforcement, and licensing requirements of animal services in the City of Federal Way; and WHEREAS, the Federal Way City Council has authorized the termination of the City's Interlocal Agreement with King County for Animal Control Services; and WHEREAS, a new Animal Services Unit of the Federal Way Police Department has been created to provide animal services to the residents of the City of Federal Way; and WHEREAS, the City Council finds that it is the in best interest of the citizens to update Title 9 to reflect the change in the animal control authority for the City, to remove reference to the King County code, to consolidate duplicative provisions and Chapters, and to provide for the continuation of services throughout the transition from King County Animal Care and Control to the Federal Way Animal Services Unit; and WHEREAS, to ensure that there is not a break in animal services to the residents of Federal Way during this transition, the City Council finds that this ordinance is necessary for the immediate preservation of public peace, health and safety and not subject to initiative or referendum, Ordinance Mo. 10- Page I of 24 Rev 3/09 i • NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The Section list of Chapter 9.05 F WRC is amended to read as follows: Sections: 9.05.010 9.05.020 9.05.030 9.05.040 9.05.050 9.05.060 9.05.070 9.05.080 9.05.090 Definitions. Purpose. GontFaGt With GGU44ty Authority of Director. Statutes adopted. Civil penalty. Personal obligations. Costs of enforcement action. Waiver of fees and penalties. Additional enforcement. 9.05.120 Exemptions. 9.05.130 9.05.140 Release from confinement. MenitGFiRq- o 05 170 a�T.'iC 9.05.200 €d Ga ien kTi Deg exem'ptieri-. Authority to enforce. 9.05.220 Obstruction of officers. 9.05 Abatement +rnm ri+ .240 9.05.250 9.05.260 9.05.270 9.05 80 9.05.290 of public nuisanGe Removal Violations NOke Of GlaSSikafien or notice of-vidatwen Order, Standards ef provision-,. euthOFi +i, Form. 9..05 00 9.05.310 9.05.32 1 Ta 05 3 � v30 v 9.05.350 SGheduling- Appellant aGWA. Failure to lle. Stay of e•RfGFGeFnent. Impoundment authorized. 9.05.360 Redemption procedures. 9.05.370 Spaying or neutering of dog or cat impounded more than once. 9.05.380 Disposition of unredeemed animals. 9.05.390 Iniured or diseased animals. 9.05.400 Prohibited sales. Ordinance No. /0- 29 Page 2 ojl t Rev 3/09 0 0 Section 2. FWRC 9.05.0 10 is amended to read as follows: 9.05.010 Definitions The definitions in this section apply throughout this title unless the context clearly requires otherwise. "Abatement" means the termination of any violation by reasonable and lawful means determined by the Ddirector rol- aothority-in order that a person or a person presumed to be the owner shall comply with this title. "Adult cat" means a cat of either sex, altered or unaltered, that has reached the age of twenty -one (21) week. "Adult dog" means a dog of either sex, altered or unaltered, that has reached the age of twenty -one (21) weekssw-mont;s. `Animal" means any living creature except human beings, insects and worms. `Animal serviceseontre authority" means the Animal Services Unit of the Federal Way Police Department acting alone or in concert with King Csounty Annimal Cc-are and Ceontrol section acting atone of in eenced -with ether+ URiGipaltiesand /or any city- contracted shelter for enforcement of the animal servicescantral laws of the city, county and statec-ity for the shelter and welfare of animals. "Animal servicescentre officer" means any individual employed, contracted or appointed by the Directoran real control authei:4 for the purpose of aiding in the enforcement of this title or any other law or ordinance relating to the licensure of animals, control of animals or seizure or impoundment of animals, and includes any state or local law enforcementrnun+c+pal -peace officer, sheriff, - censtable or other employee whose duties in whole or in part include assignments which involve the seizure and im pound men ody of any animal. For the purposes of this title this definition shall apply where a person charged with enforcement of this title is referred to as "officer" or "offic:inl " "Animal rescuer" means any individual who routinely obtains unwanted dogs or cats, ensures that they are spayed or neutered, and locates within 90 days an adoptive home forthem. An extension of the 90 days may be granted by the animal serviceseentrel authority up to a maximum of six months if a dog or cat is pregnant, nursing, or injured and that condition is verified by a veterinarian. "Cattery"means a place where four or more adult cats are kept, whether by owners of the cats or by persons providing facilities and care, whether or not for compensation, but not including a small animal hospital, clinic or pet shop. "Dangerous dog" means any dog that according to the records of the animal servicesEentrol authority: (1) Has inflicted severe injury on a human being without provocation on public or private property, (2) Has killed a domestic animal without provocation while off the owner's property; (3) Has been previously found to be potentially dangerous, the owner having received notice of such, and the dog again aggressively bites, attacks, or endangers the safety of humans or domestic animals; Ordinance No. /U- Page 3 or24 Rev 3:09 30 El 0 (4) Has a known propensity, tendency or disposition to attack without provocation to cause injury or otherwise endanger humans and /or domestic animals based upon notice to the owner; (5) Bites or attacks without provocation after prior notice to the owner; or (6) Is defined as a "dangerous dog" under RCW 16.08.070. "Director" means the Federal Way Chief of Police or designeedireeAer -oi, f anager-- eUthe-ae4 -f4 seetref aotherity. "Domesticated animal" means those domesticated beasts including any dog, cat, rabbit, horse, mule, ass, bovine animal, Iamb, goat, sheep, hog or other animal made to be domestic. "Euthanasia "means the humane destruction of an animal, accomplished by a method that involves instantaneous unconsciousness and immediate death, or by a method that causes painless loss of consciousness and death during such loss of consciousness. `Groomingparlor"or °Grooming service" means anyplace or establishment, public or private, where animals are bathed, clipped or combed for the purpose of enhancing their aesthetic value and /or health and for which a fee is charged. "Harboring, keeping ormaintaining a dog orcat "means performing any of the acts of providing care, shelter, protection, refuge, food or nourishment in such manner as to control the animal's actions, or that the animal is treated as living at one's house by the homeowner. "Hobby cattery" means a noncommercial cattery at or adjoining a private residence where four or more adult cats are bred or kept for exhibition for organized shows or for the enjoyment of the species. "'Hobby kennel" means a noncommercial kennel at or adjoining a private residence where four or more adult dogs are bred or kept for hunting, training and exhibition for organized shows, field, working and /or obedience trials, or for enjoyment of the species. Juvenile" means any dog or cat, altered or unaltered, that is under the age of six months. "Kennel " means a place where four or more adult dogs are kept, whether by owners of the dogs or by persons providing facilities and care whether or not for compensation, but not including a small animal hospital, clinic or pet shop. "Known propensity" means an inclination for behavior that the owner is or should be aware of. "Leash" means a cord rope thong or chain not more than twenty (20) feet in length by which an animal is controlled by the person accompanying it. "Livestock" means cattle, hogs, sheep, goats, horses, llamas and other large grazing animals; -but does not include small - animals as- deffeed4n- King- CountyGode- sec4jon 24,4.06 -065 "Neutered "or "spayed" means a procedure performed by a licensed veterinarian meant to prevent conception by an animal. Ordinance ,Vn. 10- 31 l'age 4 (?1-24 Rev 3.09 "Owner" means any person having an interest or right of possession to an animal or any person having control, custody or possession of an animal, and includes but is not limited to the keeper or custodian of an animal. Any person residing at a location where an animal has been consistently residing shall be presumed to be the owner. "Pack of dogs" means a group of two or more dogs running upon either public or private property not that of their owner in a state in which either their control or ownership is in doubt or cannot readily be ascertained, and when such dogs are not restrained or controlled. "Pet daycare" means any commercial facility where four or more dogs or other pet animals are left by their owners for periods of supervised social interaction in play groups with other animals of the same species for the majority of the time the pets are at the facility during the hours the facility is open to the public. "Pet shop" means any person, establishment, store or department of any store that acquires live animals, including birds, reptiles, fowl and fish, and sells, or offers to sell, or rents such live animals to the public or to retail outlets. "Police dog" means a dog used by a law enforcement agency and specially trained for law enforcement work. "Potentially dangerous dog" means a dog the owner reasonably knows has aggressively bitten, attacked or endangered humans and /or domestic animals and includes but is not limited to any dog that meets the definition of "potentially dangerous dog" as defined by RCW 16.08.070. "Proper enclosure" means a securely confined indoor area of the owner's premises or a securely enclosed and locked pen, kennel, or other exterior structure no less that 6' x 12' on the owner's premises, suitable to prevent the entry of young children or human extremities and designed to prevent a potentially dangerous or vicious animal from escaping. Such pen, kennel or other structure shall have secure sides and a secure top, and provide protection from the elements for the dog. If such pen, kennel, or structure has no bottom secured to the sides, the sides shall be embedded not less than two feet into the ground. Doors, windows, or other openings enclosed solely by wire or mesh screening shall not be considered a proper enclosure as defined in this section. "Provocation" includes taunting, teasing, willfully causing undue pain and /or unlawful entry upon or into the owner's property. 'Running at large "means to be off the premises of the owner and neithemot secured by a leash nor under control of the owner or other competent person. "Service animal" means any animal trained or being trained for the purposes of assisting or accommodating a person's sensory, mental, or physical disability and used for that purpose "Severe injury" means any physical injury that results in broken bones or lacerations requiring multiple sutures or cosmetic surgery. Ordinance NO. l0- 32 Page 5 of 2 l Re, 3109 0 0 "Shelter" means a facility which is used to house or contain stray, homeless, abandoned or unwanted animals and which is owned, operated or maintained by a public body, an established humane society, animal welfare society, society for the prevention of cruelty to animals, or other nonprofit organization devoted to the welfare, protection and humane treatment of animals. "Special hobby kennel license" means a license issued to pet owners under certain conditions, who do not meet the requirements for a hobby kennel license, to allow them to retain only those specific dogs and cats then in their possession until such time as the death or transfer of such animals reduces the number they possess to the legal limit set forth in this title. "Under control" means the animal is under voice competent and /or signal control so as to thereby be restrained from approaching any bystander or other animal and from causing or being the cause of physical property damage when off a leash or off the premises of the owner. "Vicious" means the act of or the propensity to do any act endangering the safety of any person, animal, or property, including but not limited to biting a human being, attacking human beings, or attacking domesticated animals without provocation. Section 3. FWRC 9.0.020 is amended to read as follows: 9.05.020 Purpose. It is declared the public policy of the city to secure and maintain such levels of animal control as will protect human health and safety, and to the greatest degree practicable, prevent injury to property and cruelty to animal life. To this end, ilt is the purpose of this title to provide a means of licensing dogs and cats, animal shelters, knobby -- kernels, kennels, grooming parlors, pet daycare s and pet shops and to control errant animal behavior so that it shall not become a public nuisance, and to prevent cruelty to animals Section 4. FWRC 9.05.0 30 is amended to read as follows: 9.05.030 ContractvAth-C_GuntyAuthority of Director. The city -managerDirector has the authority to adopt rules and regulations to carry out the provisions of this title, and has the authority to administer and enforce this chapter and any such rules or regulations. It is unlawful to violate or fail to comply with any provision of this chapter or any such rule or regulation. The city errs -auth rL-ed7and -e powefed- _tQ-c-ceEute -a_co countyto collect: license and other fees andti -ests- and4o -adn*u stef- and- enforc -e -the -- provisions -of "s- f+tle -en- behalf 4h- & city-. Section 5. FWRC 9.05.050 is amended to read as follows: 9.05.050 Civil penalty. In addition to any other penalty, any person in violation of this title is subject to a civil penalty, the maximum penalty and the default amount of which shall be $250.00 per violation, not including fees, costs, and assessments. Costs include any abatement costs and other actual costs incurred by the animal servicescontfel authority. The director may directly assess any civil penalty and, in a reasonable manner, may vary the amount of the penalty to the nature and type of violation; the gravity of the violation; the number of past andpresent violations committed and the good faith of Ordinance .Vo. /0- 33 Page 6 o/' 2-1 Rev 3/09 0 0 the violator in attempting to achieve compliance with prescribed requirements or after notification of a violation. All civil penalties assessed will be enforced and collected in accordance with the procedure specified in this title, , or Chapter 1.15 FWRC7-80 SW. Animal servicessentrel officers are authorized to issue civil infractions to enforce any violations of this title. The amount of a civil infraction under this section shall be the same as the civil penalty and shall be enforced under Chapter 1.15 FWRC7.80 RGW. An owner is in violation of this title if they violate any provision of this title and when the owner's animal is in violation of this title. Section 6. FWRC 9.05.060 is hereby amended to read as follows: 9.05.060 Personal obligations. The civil penalty and the cost of abatement are personal obligations of the violator or animal owner. The city or the Gounty may collect the civil penalty and the abatement costs through all appropriate legal remedies. Section 7_ F\VRC 9.05.070 is hereby amended to read as follows: 9.05.070 Costs of enforcement. In addition to costs and disbursements provided by state statute, the prevailing party in a collection action under this title may, in the court's discretion, be allowed interest and reasonable attorneys fees on behalf of the city OF Eeunt when the city OFGeunty is the prevailing party. Section 8. F WRC 9.05.080 is hereby amended to read as follows: 9.05.080 Waiver of fees and penalties. (1) The Ddirector s# the anima er+ty has the authority to waive licensing fees, late licensing penalty fees, and redemption and sheltering fees, in whole or in part, when it would further the goals of the A_animal Services Unitcentrol, -- „ and be in the public interest (2) In determining whether a waiver should apply, the Ddirector of theanirn tc-0ntrefauthorAy must take into consideration the following elements (a) The reason the animal was impounded; (b) The reason or basis for the violation, the nature of the violation, the duration of the violation and the likelihood the violation will not recur; (c) The total amount of the fees charged as compared with the gravity of the violation; (d) The effect on the owner, the animal's welfare and the animal control section if the fee(s) or penalties are not waived and no payment is received. Section 9. FWRC 9.0.090 is hereby amended to read as follows: 9.05.090 Additional enforcement. Notwithstanding the existence or use of any other remedy, the Ddirector of4he animal- control auther+l;y-may seek legal or equitable relief to enjoin any acts or practices and abate any conditions which constitute a violation of this title or other regulations adopted in this title Ordinance NO. 10- 34 Page - uJ 24 Rev 3'09 0 0 Section 10. FWRC 9.05.120 is hereby, amended as follows: 9.05.120 Exemptions. The provisions of this title shall not apply to. (1) All police dogs owned by a public law enforcement agency or its agents�or ('-_) Ddogs and cats in the custody of an animal facility registered or licensed by the United States Department of Agriculture and regulated by 7 United Stiles Code 2131 et seq. Section 11. FWRC 9.05.1 10 is hereby amended as follows: 9.05.130 Release from confinement No person other than the owner or person authorized by the owner of the animal shall release any animal from any confinement, vehicle or restraint unless such release is necessary for the immediate health and safety of the animal; provided this section shall not apply to law enforcementpeace officers and animal servicesGentrol or humane officers. Section 12. FWRC 9.05.200 is hereby amended as follows: 9.05.200 Authority to enforce. The Ddirector of4he- an4mal Gentrol- authority and authorized animal serviceseontFel officers and city law enforcement officers are authorized to take such lawful action as may be required to enforce the provisions of this title and the laws of the state as they pertain to animal cruelty, shelter, welfare and enforcement control. Notwithstanding any other provision, law -- enforcement officers are authorized to use reasonable force and control when needed to protect the health and safety of persons or property and to enforce criminal laws. Section 1 i. FWRC 9.05.220 is hereby, amended as follows: 9.05.220 Obstruction of officers. No person shall deny, prevent, obstruct or attempt to deny, prevent or obstruct any officer from pursuing any animal observed to be in violation of this title. No person shall fail to neglect, after a proper warrant has been presented, to promptly permit the Ddirector or authorized animal serviceseontrol officer or city law enforcement officer to enter private property to perform any duty imposed by this title. Section 14. FWRC 9.05250 is hereby amended as follows: 9.05.250 Violations Cornmencemen a# proceedings, Upon the complaint of a person, and after such complaint is verified by the animal services authority, the animal services authority shall commence proceedings to terminate the occurrence of a violation either by service of an infraction, by service of a citation, by the notice and order procedure set out in Chapter 1.15 FWRC and /or by the nuisance abatement procedure set out in Chapter 1.15 FWRC as applicable. The standards of this title shall be followed by the animal services authority in determining the existence of violation of this title and in determining the enforcement action reguired.Un , ont l offnTGe ,hA� i ed4n-4iol_atienof this titles t {nal -Go ttfol autho4ty -s 4all - commence- proceed he abatement of Ordinance No. 10- 35 Page 8of?4 Rev 3!09 0 0 Section 15. The following sections of Chapter 9.05 EWRC are hereby repealed in their entirety: 9.05.040, 9.05.100, 9.05.110, 9.05.140, 9.05.150, 9.05.160, 9.05.170, 9.05.180, 9.05.190, 9.05.230, 9.05.240, 9.05.260, 9.05.270, 9.05.280, 9.05.290, 9.05.300, 9.05.310, 9.05.320, 9.05.330. Section 16. A new section is added to Chapter 9.05 to read as follows: 9.05.350 Impoundment authorized. The animal services authority may impound any animal deemed to be a public nuisance, subject to cruel treatment, or as otherwise authorized in this title. Except as otherwise provided in this title the animal services authority shall ascertain whether impounded animals are licensed or otherwise identifiable. Except as otherwise provided in this title, the animal services authority shall return the animal to the owner together with a notice of violation of this title, if reasonably feasible. If an animal is not returned, the animal services authority shall notify the owner within a reasonable time by regular mail or telephone that the animal has been impounded and may be redeemed. Any currentl licensed animal impounded pursuant to this chapter shall be held for at least 120 hours after telephone contact by the impounding agency or for at least seven (7) days after posting of the notification of impoundment by regular mail. If the animalservices authority is unable to ascertain the animal's owner, the animal shall be held at least 72 hours from the time of impoundment_ Section 17. A new section is added to Chapter 9.05 to read as follows: 9.05.360 Redemption procedures. Any animal impounded pursuant to the provisions of this chapter may be redeemed upon payment of the redemption fee as provided for in the fee resolution. An additional fee as set forth in the fee resolution for each 24 -hour period, or portion thereof, during which such dog or cat is retained by the impounding agency shall be made payable to the city. The redemption fee for livestock per animal impound incident, plus any hauling or boarding costs due are set forth in the fees on file in the police department. Livestock not redeemed may be sold at public auction by the impounding agency. The hauling and boarding costs for livestock impounded shall be in accordance with the rate established by contract with the city and the given stockyard used for holding such animal. Section 18. A new section is added to Chapter 9.05 to read as follows: 9.05.370 Spaying or neutering of dog or cat impounded more that once. An unaltered dog or cat impounded more than once shall be spayed or neutered by the animal services authority prior to the release of the dog or cat. The cost of the spay or neuter shall be charged to the owner upon redemption. Section 19. A new section is added to Chapter 9.05 to read as follows: 9.05.380 Disposition of unredeemed animals. Any animal impounded under this chapter not redeemed shall be treated in one of the following ways: (1) Made available for adoption for a fee. Ordinance No. /0- 36 Page 9 of 24 Rev 3/09 0 0 (a) Any person may adopt an animal impounded pursuant to the provisions contained in this chapter when all billable costs redemption fees penalties and boarding costs incurred in -such impoundment are made payable to the cityor the appropriate city-contracted shelter. (b) Any dog or cat adopted from the city's contracted animal shelters shall be spayed or neutered prior to adoption. (c) The Director shall have the authority to set administrative rules regarding any city adoption program. (2) Humanely destroyed by euthanasia. Section 20. A new section is added to Chapter 9.05 to read as follows: 9.05.390 Iniured or diseased animals. Any animal suffering from serious iniury or disease may be humanely destroyed or, in the discretion of the impounding authority, may be held for a longer period and redeemed by any person on payment of charges not exceeding those prescribed in this chapter. Section 21. A new section is added to Chapter 9.05 to read as follows: 9.05.400 Prohibited Sales. The animal services authority shall not sell any animals impounded under this chapter for the purpose of medical research to any research institute or any other purchasers Section 22. A new Chapter 9.09 EWRC is hereby adopted as follows: Chapter 9.09 LICENSING Sections: 9.09.010 Cat and doq licenses. 9.09.020 Kennel, pet shop, cattery or shelter licenses required. 9.09.025 Hobby kennel or hobby cattery license required. 9.09.030 Grooming parlor license required. 9.09.040 License applications. 9.09.045 Zoning compliance. 9 09 050 Kennel pet shop cattery, or shelter license — Inspection required 9.09.060 Denial of license — Appeal. 9.09.070 Revocation, suspension, refusal to renew 9.09.010 Cat and dog licenses. (1) It is unlawful to keep or harbor a dog orcat that has reached twenty -one (21) weeks of age unless an annual license is procured for the dog or cat from the animal services authority. There is established a rebuttable presumption that the purchaser of such license is the owner of the animal identified in the license application. (2) Dogs and cats four months old or older shall be vaccinated against rabies. Vaccinations shall be performed in accordance with the standards contained in the "Compendium of Animal Rabies Control" as amended, published by the National Association of State Public Health Ordinance No. 10- 37 Page 10 of 24 Rev 3%09 0 0 Veterinarians, Inc. Proof of vaccination must be shown before a license will be issued by the animal services authority. (3 } The annual license fees are set by resolution of the city council. (4) When a license is obtained in the process of recovery of an impounded dog or cat a fee is charged for the license. (5) The license shall remain in force for the calendar year in which it is issued. A license is considered as being due on or before January 1 stof each year. Application for such license is made upon forms provided by the city. The application shall list the name, address and phone number of the owner, the name, breed, colors, age, and sex, if any, of the dog or cat, and such other medical and vaccination information and data as may be required. Such information is kept, conveniently indexed by the animal services authority, together with the number of the license issued. (6) City residents 65 years of age and older may obtain at no charge aspecial permanent license for the lifetime of dogs and cats that are neutered or spayed and for which they are the registered owners when the animals are maintained at the owner's registered address. Such residents are not required to annually obtain a neiv license for the lifetime of such licensed animals, except that no household shall be issued more than three special permanent animal licenses for dogs or cats. (7) A license issued is not transferable or usable by a person, other than the person to whom it was originally issued, except as provided in subsection (10) of this section_ (8) It is unlawful for an applicant to withhold or provide false information on an application. (9) Upon payment of the license fee, the animal services authority shall funish to the person paying the same a license tag for the dog or cat for which such fee has been paid. The shape of such tag may be changed from year to year, and the tag shall have stamped upon it the calendar year for which the fee has been paid. All license tags issued shall be securely fastened to a collar or other like harness which shall be worn by the animal at all times when off the premises of the licensed owner. Whenever the ownership of a licensed dog or cat changes the new owner shall notfy the animal services authority, whereupon the animal services authority shall change the record of the animal to show the new ownership. (11) An owner or keeper of a licensed dog or cat whose current license tag has been lost may obtain a replacement flag by the payment of a sum to be set byresolution of the city council. (12) The above provisions of this section shall not apply to: (a) Dogs and cats whose owners are nonresidents temporarily within the city; (b) The owners of dogs or cats brought inia the city for the purpose of participating in a dog or cat show; (c) The owners or users of Seeing Eye, Guide, or Service dogs; (d) Veterinarians in custody of dogs or cats; (e) The owners or operators of an animal shelter (f) The owners or operators of a duly licensed kennel; or (g) The owners or operators of a grooming parlor or pet shop. (13) It is unlawful for a person to refuse to show at a reasonable time to an officer proof that his or her animal(s) has been properly licensed 9.09.020 Kennel, pet shop, pet daycare, cattery, or shelter licenses required. It is unlawful for a person to keep maintain, or operate a kennel, pet shop pet daycare cattery, or shelter within the city without first obtaining a valid license. A fee set by resolutia of the city council shall be assessed not upon individual animals but upon the owner of a kennel pet shop, Ordinance No 10- 38 Page 11 of 24 Rev 3/109 0 0 pet daycare, cattery, or shelter. Each license and certificate of inspection issued pursuant to this chapter shall be in addition to any business registration required pursuant to Chapter 12.05 FWRC and shall be conspicuously displayed at the establishment to which such license was issued. The license shall be dated, numbered, and shall bear the name of the city, and the name and address of the owner or keeper of the establishment, and the expiration date of the license. The license shall expire at the end of the calendar year 9.09.025 Hobby kennel or hobby cattery license required. It is unlawful for any person to keep and maintain any dog or cd within the city for the purposes of a hobby kennel or hobby cattery without obtaining a license. The fee set by resolution of the city council for such license shall be assessed upon the owner or keeper of such animals. In addition, each animal shall be individually licensed pursuant to the provisions of FWRC 9.09.010. 9.09.030 Grooming parlor license required. (1) It is unlawful for any person to keep or maintain any grooming parlor without a valid license. A fee set resolution of the city council shill be assessed and paid. Any grooming parlor license and any certificate of inspection issued pursuant to this chapter shall be in addition to any business registration required pursuant to Chapter 12.05 FWRC and shall be conspicuously displayed at the establishment to which such license was issued. (2) Grooming parlors shall: (a) Not board animals but keep such animals only for a reasonable time in order to perform the business of grooming; (b) Provide such restraining straps for the animal while it is bdnq groomed so that such animal shall not fall or be hanged; (c) Sterilize all equipment after each animal has been groomed; (d) Not leave an animal unattended before a dryer (e) Not prescribe treatment or medicine that is the province of a licensed veteinarian as provided in RCW 18.92.010; and (f) Not put more than one animal in each cage. (3) A grooming parlor license must be revoked or may be refused to be renewed if the establishment constitutes a public nuisance or for failure to comply with the above requirements. 9.09.040 License applications and fees. Applications for licenses for kennels, pet shops. pet davcares. catteries. shelters. aroomin parlors, hobby kennels or hobby catteries shall be made to the animal services authority on forms provided by the city. A fee set by resolution of the city council shall be assessed not upon individual animals but upon the owner or keeper of a kennel pet shop pet daycare cattery, shelter, grooming parlor, hobby kennel, or hobby cattery. When a business offers multiple types of pet services, the fee for a multiple service license shall be for the service with the highest fee with an additional fee as set forth by resolution of the City Council for each additional type of service, up to a maximum of two additional fees charged per facility. 9.09.045 Zoning compliance. The applicant for kennel, pet shop, pet daycare cattery, shelter, grooming service hobby kennel or hobby cattery license shall present to the animalservices authority a written statemert from the city, that the establishment of the animal shelter or kennel at the proposed site is not in Ordinance No_ 10- 39 Page 12 of 24 Rev 3/09 0 • violation of the city zoning code, is a legal nonconforming zoning status or a special development permit has been issued for the intended use 9.09.050 Kennel, pet shop, pet daycare, cattery, or shelter license- Inspection required. Before a kennel, pet shop, pet daycare, cattery, or shelter license may be issued a certificate of inspection from the animal services authority must be issued showing tha the kennel pet shop Pet daycare, cattery, or shelter is in full compliance with FWRC9.18.160, 9.18.170, and 9.18.180. It shall be the duty of the animal services authority to make or cause to be made all such inspection as may be necessary to insure compliance with this title. The owner or keeper of a kennel, pet shop, pet daycare, cattery, or shelter shall admit any officer or agent of the animal services authority to the premises in order to make necessary inspections at any reasonable time that admission is requested. 9.09.060 Denial of license - Anpeal. No applicant shall be issued a kennel, pet shop,pet daycare, cattery, shelter, or aroomina parlor license who has had such license revoked or refusal to renew and until such applicant meets all applicable requirements established by this chapter. A decision to revoke refusal to renew, or denial of a license under this chapter may be appealed to the hearing examiner. Such appeal shall be brought within 10 days of such decision and in accordance wth FWRC 12.05.200 9.09.070 Revocation, suspension, refusal to renew. (1) The animal services authority may, in addition to other penalties provided in this chapter, revoke, suspend or refuse to renew any kennel, pet shop,pet daycare, cattery , shelter, grooming service, hobby kennel or hobby cattery license upon good cause or for failure to comply with any provision of this chapter: provided, however, the enforcement of such revocation suspension or refusal shall be staved during the pendency of anappeal filed pursuant to FWRC 12.05.200. (2) No applicant shall be issued a kennel pet shop, pet daycare cattery shelter, grooming service, hobby kennel or hobby cattery license who has previously had such license suspended or revoked or a renewal refused, for a period of one year after the date of revocation or refusal and until such applicant meets the requirements contained in the provision of this chapter to the satisfaction of the animal services authority. Section 23. A new Chapter 9.18 FWRC is hereby adopted as follows: Chapter 9.18 REGULATIONS Sections: 9.18.010 Statutes adopted. 9.18.020 Cruelty violations. 9.18.030 Redemption of animals subject to cruelty- Requirements. 9.18.040 Fowl and rabbits. 9.18.050 Livestock. 9.18.060 Wild or exotic animals. 9.18.070 Sale of giving away of unaltered dogs and cats. 9.18.080 Advertisement for unaltered dogs and cats. 9.18.090 Possession of another's animal. ' Ordinance No. 10- 40 Page 13 of 24 Rev 3109 9.18.100 Public nuisances. 9.18.110 Animal declared a public nuisance — Abatement. 9.18.120 Rabies control. 9.18.130 Compliance with FWRC 9.18.140 through 9.18.180 required. 9.18.140 Hobby kennel or hobby cattery - 9.18.150 Animal shelters, kennels, hobby kennels catteries hobby catteries and pet shops - _Reporting requirements, inspections — Sanitation. 9.18.160 Animal shelters, kennels, hobby kennels, catteries, hobby catteries and pet shops — General conditions. 9.18.170 Indoor housing facilities. 9.18.180 Outdoor facilities. 9.18.190 Grooming parlors. 9.18.010 Statutes adopted. Chapter 16.52 of the Revised Code of Washington in its entirety and all future amendments are hereby adopted by reference. In the case of a conflict between Chapter 16.52 RCW and this title, the provisions of this title shall control. 9.18.020 Cruelty violations. It is unlawful for a person to: (1) Abandon a domestic animal by dropping off or leaving such animal on the street, or in any other public place, or on the private property of another, (2) Willfully run down with a vehicle an animal. A person who kills or injures an animal while driving a vehicle shall stop at the scene of the accident and shall render such assistance as is reasonable, shall make a reasonable effort to locate and identify himself to the owner or keeper of the animal, and shall report the accident immediately to the police department; (3) Sell or offer for sale or to give away living baby rabbits chicks ducklings or other fowl that are under two months of age or that have been dyed or colored or otherwise heated so as to have an artificial color, but this subsection shall not be construed so as to prohibit the sale or display of natural baby rabbits, chicks, ducklings or other fowl in proper brooder facilities by hatcheries or stores engaged in selling them for commercial purposes. 9.18.030 Redemption of animals subiect to cruelty— Reauirements. The animal services authority shall have authority to impound an animal maintained in violation of FWRC 9.18.010 or FWRC 9.18.020 and shall hold such animal for at least 72 hours after proper notification of the owner or keeper. Redemption of such an animal shall be permitted only after payment of all costs and fees incurred and upon the written agreement of the owner or keeper to take such actions as are necessary to prevent reoccurrence of the violation; provided, that the violation of such agreement of release is unlawful and shall subiect the animal involved to impounding without right of redemption to the owner or keeper. Such animal shall be retained under city control until the abatement procedure in Chapter 1.15 FWRC has been complied with. 9.18.040 Fowl and rabbits. It is unlawful for any person to sell, offer for sale, barter or give away any fowl under three weeks of age or any rabbit under two monthsof age as a pet toy, premium or novelty, or to color, dye, stain or otherwise change the natural color of any such fowl or rabbit. Ordinance No. 10- 41 Page 14 of 24 Rev 3/09 • 0 9.18.050 Livestock It is unlawful for any person to permit any livestock to run at large. 9.18.060 Wild or exotic animals. (1) No person shall have, keep, or maintain, in an area of the city, a live monkey (nonhuman primate), lion, tiger, bear, cougar, mountain lion, badger, wolf, coyote, fox, lynx, or a poisonous reptile or serpent, or any other dangerous, carnivorous, wild, or exotic animal or reptile_ (2) For the purpose of this section, the following terms shall have the following meanings: (a) "Exotic" means animals of foreign origin and that are not native by birth to this community. (b) "Wild" means an animal that generally lives in its original natural state and is not normally domesticated. (3) Such animals will be allowed to enter or remain in the city on the condition that a permit is obtained from the animal services authority. Such permit shall only be grantei upon a showing by the applicant that adequate safeguards have been instituted and will be maintained which will effectively control the dangerous or vicious propensities of such animal or reptile, eliminating danger to individuals or property and providhq that the keeping or maintaining of such animal will in no way constitute a nuisance to the occupants of surrounding property. (4) No person owning or having charge, custody, control, or possession of an animal specified in subsection (1) of this section, shall permit the same to run at large upon any street or other place, public or private or within the premises of such person, in such a manner to endanger a person lawfully entering such premises. (5) Subsection (1) of this section shall not apply to aperson keeping or maintaining or f avinq in his possession or under his control an animal defined in that subsection when such person is transporting such animal through the city: provided, that he has taken adequate safeguards to protect the public, and has notified the chief of police of his proposed route and of the time that such trip is to take place: nor shall subsection (1) apply to a person who has custody of such animals in connection with the operation of a zoo or circus or in connection with a prg_ ram of medical or scientific research: provided such person has taken adequate measures to safeguard persons and property. Whether measures taken to safeguard the public pursuant to this section are adequate shall be determined solely by the chief of polce or his authorized agent. 9.18.070 Sale of giving away of unaltered dogs and cats. It is a violation of this title to sell or give awayany unaltered dog or unaltered cat in any public place or to auction off or raffle any unaltered dog or unaltered cat as a prize or gift. 9.18.080 Advertisements for unaltered dogs and cats. No person in the citv shall publish or advertise to Federal Wav residents the availabilitv of an unaltered cat or dog unless the publication or advertisement includes: The unatered animal's license number or the animal's juvenile license number: provided, however, that nothing in this title shall prohibit licensed breeders from advertising in national publications for sale of a lanned litter or litters. 9.18.090 Possession of another's animal. Anyone having in his possession an animal not owned by him, without consent of the lawful owner or custodian, shall immediately notify the animal services authority and release such animal to its officers on demand without charge. Ordinance No. 10- 42 Page 15 of 24 Rev 3/09 0 • 9.18.100 Public nuisances. (1) The owner of any animal shall not allow such animal to be or become a public nuisance, do any act deemed a public nuisance, or otherwise violate this chapter. (2) The following are declared to be public nuisances: (a) Any dog running at large within the city is a public nuisance. This section does not apply when the dog is on the property of another person with the permission of the owner of the Property: on public property designated to allow dog competitions sanctioned by nabnal organizations: at animal shows, exhibitions or organized dogtraining classes where at least 24 hours' advance notice has been given to the animal services authority: or in an officially designated off -leash area of a city park during the designated times. (b) An animal that enters any place where food is stored, prepared served or sold to the public, or any other public building or hall, is a public nuisance. This section shall not apply to veterinary offices or hospitals, or to animal shows, exhibtions or organized dog- training classes where at least 24 hours' advance notice has been given to the animal services authority. (c) A female dog, while in heat, accessible to other male animals, except for controlled and planned breeding, is a public nuisance. (d) An animal which chases, runs after, or lumps at vehicles using the public streets and alleys is a public nuisance. (e) An animal which on more than one occasion snaps growls snarls jumps upon or otherwise threatens persons lawfully using the public sidewalks streets alleys or other public ways is a public nuisance. (f) Any animal which has exhibited vicious propensities and which constitutes a danger to the safety of persons or property off the premises of its owner or lawftlly on such prerrses is a public nuisance. A vicious animal or animal with vicious propensities which runs at large at any time, or such an animal off the owner's premises not securely leashed or confined and in the control of a person of suitable age and discretion to cortrol or restrain such an animal is a public nuisance. (g) An animal which howls, yelps whines barks or makes other oral noises in such a manner as to disturb any person or neighborhood to an unreasonable degree is a public nuisance. (q) Any domesticated animal which enters upon another person's property without the permission of that person. (h) Animals staked, tethered or kept on public property without prior written consent of the animal services authoritv. (i) Animals on any public propertyand not under the control of the owner or other competent person. (j) Animals kept, harbored or maintained and known to have a contagious disease unless under the treatment of a licensed veterinarian. (k) Animals running in packs. (1) Any animal which enters a pukiic playground or school ground without permission from the school. (3) This section does not apply to service animals. 9.18.110 Animal declared a public nuisance— Abatement. An animal that has been the subiect of three convictions of a violation of the chapter in a period of 365 days or an animal that bites or attacks a person or persons without provocation twice within a five -year period is a public nuisance and shall not be kept within the city. The animal services authority shall follow the procedures set out in Chapter 1.15 FWRC in order to abate Ordinance No. 10- 43 Page 16 of 24 Rev 3/09 • such animal. After the completion of such abatement procedures, an animal subject to removal from the city as provided in this section that is found within the city shall be impounded and treated as an unredeemed animal with no right of redemption by its owner or keeper. 9.18.120 Rabies control. (1) It is unlawful for the owner of an animal when notified that such animal has bitten a person or has injured a person as to cause an abrasion of the skin, tosell, give away, or permit or allow such animal to be taken beyond the limits of the city, except to a veterinary hospital but it shall be the duty of such owner upon receiving notice of the occurrence of such bite or abrasion to immediately place such animal in a duly licensed veterinary hospital for at least 15 days or to deliver such animal to the police department or their agent for such placement: provided upon authorization of a licensed veterinarian, such animal may be released to the custody of it owner or keeper upon the owner or keeper's undertaking to keep the same securely chained and confined to the premises of the owner or keeper and segregated from other animals during such observation period. A member of the police department or agent theeof receiving such animal shall immediately convey the animal to a veterinary hospital where such animal shall be securely confined for a period of at least 15 days. In case such animal is delivered to a veterinary hospital by the owner or keeper, the owns or keeper shall immediately furnish notice thereof to the chief of police. A veterinary hospital, upon the receipt of such animal, shall submit to the chief of police a certificate stating that the animal either: (a) Shows no symptoms of rabies; or (b) Shows symptoms of rabies. At the expiration of the 15-day period of confinement and upon release of such animal because not rabid, a veterinary hospital shall submit to the chief of police a second certificate stating that the animal has been found not to be rabid and has been released. A licensed veterinarian releasing such animal to its owner or keeper for confinement during the observation period, shall at the end of the 15-day period submit a report to the chief of police as to the condition of such animal. (2) Costs of maintaining an animal in a veterinary hospital shall be paid by the owner. (3) If a fierce, dangerous, or vicious animal cannot be safely taken up and impounded such animal may be euthanatized by the police department or any of its offices or agents. (4) In cases where an animal that has bitten a person or caused an abrasion of the skin is euthanatized by an officer, and a period of less than 15 days has elapsed since the day the animal bit a person or caused an abrasion of the skin of aperson it is the duty of the chief of police or his authorized agent to deliver the brain of such animal to the laboratory of the State Department of Health. (5) Whenever rabies among dogs becomes prevalent in western Washington the county or in the city, or whenever western Washington, the county or the city are declared to be under a rabies quarantine, the city manager may order every dog within the city inoculated may order all dogs muzzled unless confined within a pen, and may make such other ordersas may be necessitated to protect the public from this health hazard. During the time such orders are in force, the chief of police and his officers may be ordered by the city manager to euthanatize dogs found running at large. (6) For the purposes of this section, a King County animal control center and the Pierce County Humane Society qualify as duly licensed veterinary hospitals. Ordinance No. 10- 44 Page 17 of 24 Rev 3/09 • • 9.18.130 Compliance with FWRC 9.18.140 through 9.18.180 required. All kennels, pet shops, pet daycares, catteries, shelters hobby kennels and hobby catteries shall at all times be in a condition of full compliance with theapplicable requirements of FWRC 9.18.140 through 9.18.180. Failure to be in full compliance withthe applicable requirements FWRC 9.18.140 through 9.18.180 is unlawful and shall constitute a public nuisance and as such shall be subiect to the abatement procedures of this chapter. Failure to maintain the establishment in full compliance shall be grounds for revocation of any license issued. 9.18.140 Hobby kennel or hobby cattery. (1) Limitation on number of dogs and cats allowed. The director may limit the total number of dogs and cats over six months of age kept by a hobby kennel and /or hobby cattery based on the following guidelines: (a) Animal size: (b) Type and characteristics of the breed; (c) The amount of lot area: provided, that the maximum number shall not exceed 25 where the lot area contains five acres or more the maximum number shall not exceed 10 where the lot area contains 35,000 square feet but less than five acres; (d) The facility specifications /dimensions in which the dogs and cats are to be maintained; (e) The zoning classification in which the hobby kennel and /or hobby cattery would be maintained. (2) Limitation on reproduction_ The hobby kennel and /or hobby cattery shall limit dog and cat reproduction to no more than one litter per license year per female doq and twb litters per license year per female cat. (3) Limitation on advertising. The hobby kennel and /or hobby cattery shall nothave signs displays or other visual representations not already permitted in the zone. (4) Immunization. Each dog and cat in the hobby kennel and /or hobby cattery shall have current and proper immunization from disease according to the dog's and cat's species and age. Such shall consist of DHLPP inoculation for dogs over three months of age and FVRCP for cats over two months of age, and rabies inoculations for all dogs and cats over six months of age. (5) Compliance. All hobby kennel and hobby catteries shall comply with the provisions of this chapter and any applicable zoning regulations including Chapter 19.260 FWRC. _9.1.8_.150 Animal shelters, kennels. hobbv kennels. catteries. hobbv catteries oet daycare_s and pet shops — Reportina requirements. inspections — Sanitation. (1) Reporting required. Each animal shelter, hobby kennel kennel cattery, hobby cattery pet daycare or pet shop shall provide a list to the animal services authority of all dogs and cats given away or sold to the animal services auhority quarterly based upon the calendar year. The list shall contain the origin, the age and type of dog or cat and the name and address of the person to whom the dog or cat was given or sold. (2) Inspection. It shall be the duty of the director of the Seattle -King County department of public health or the animal services authority to make or cause to be made such inspections as may be necessary to ensure compliance with FWRC 9.18.150 through 9.18.180. The owner or keeper of an animal shelter, hobby kennel kennel catte[y, grooming service pet daycare or pet shop shall admit to the premises for the purposes of making an inspection any officer, agent or employee of the Seattle -King County department of health or animal services authority at any reasonable time that admission is requested. (3) Sanitation. It is unlawful to keep, use or maintain within the city any animal shelter, hobby Ordinance No. 10- 45 Page 18 oj24 Rev 3/09 • kennel, kennel, cattery, grooming services pet daycare or pet shop that is unsanitary, nauseous foul or offensive, or in any way detrimental to public health and /or safety and not in compliance with Chapter 9.09 FWRC and /ot FWRC 9.18.140 through 9.18.180. Violation of this subsection may be cause for revocation or denial of such license. 9.18.160 Animal shelters, kennels, hobby kennels, catteries, hobby catteries and pet shops — General conditions. Animal shelters, hobby kennels, kennels, catteries and pet shops shall meet the following conditions: (1) Housing facilities shall be provided the animals and shall be structurdly sound, maintained in good repair, designed to protect them from injury, contain the animals and shall restrict the entrance of other animals. (2) Electric power shall be supplied in conformance with city, county and state electrical codes adequate to supply lighting and heating as may be required by this chapter. Water shall be supplied at sufficient pressure and quantity to clean indoor housing facilities and primary enclosures of debris and excreta. (3) Suitable food and bedding shall be provided and stored in facilities adequate to provide protection against infestation or contamination by insects and rodents. Refrigeration shall be provided for the protection of perishable foods. (4) Provision shall be made for the removal and disposal of animal andfood wastes, bedding, dead animals and debris. Disposal facilities shall be maintained in a sanitary condition, free from the infestation or contamination of insects or rodents or disease and from obnoxious or foul odors. (5) Washroom facilities, including sinks and toilets, with hot and cold water, must be conveniently available for cleaning purposes, and a large sink or tub provided for the purpose of washing utensils, equipment and facilities. (6) Sick animals shall be separated from those appearing heathy and normal and, if for sale, shall be removed from display and sale. Sick animals shall be kept in isolation quarters with adequate ventilation to keep from contaminating well animals. (7) There shall be an employee on duty at all times during hours an/ store is open whose responsibility shall be the care and welfare of the animals in that shop or department held for sale or display. (8) An employee or owner shall come in to feed, water and do any necessary cleaning of animals and birds on days the store or shop is closed. (9) No person shall knowingly sell a sick or injured animal or bird. (10) No person shall misrepresent an animal or bird to a consumer in any way. (11) Adequate care and feeding instructions must be given to each purchaser of an animal and must be in writing. 9.18.170 Indoor housina facilities. Animal shelters, hobby kennels, kennels, catteries, grooming service$ pet daycares and pet shops which have indoor housing facilities for animals and birds shall: (1) Be sufficiently heated or cooled to protect the animals from temperatures to which they are not normally acclimatized; (2) Be adequately ventilated to provide for the health of animals contained therein and to assist in the removal of foul and obnoxious odors. Provision shall be made so the volume of air within any enclosed indoor facility shall be changed three times or more each hour. This may be accomplished through the location and periodic opening of doors and windows. If fans or nrdinance ,Vo 10- 46 Page 19 of 21 Rev 3/09 ventilating equipment are used, thev shall be constructed in conformance with current standards of good engineering practice with respect to noise and minimization of drafts; (3) Have sufficient natural or artificial lighting to permit routine inspection and cleaning at any time of day. In addition, sufficient natural or artificial lighting shall be supplied in the area of sinks and toilets to provide for the hygiene of animal caretakers; (4) Have interior wall, ceiling and floor surfaces constructed of materials which are resistant to the absorption of moisture and odors, or such surfaces shall be treated with a sealant or with paint, when such materials are not originally resistant to moisture or odors. Floor surfaces shall not be made of unsealed wood. In addition, interior walls shall be construcbd so that the interface with floor surfaces is sealed from the flow or accumulation of moisture or debris; and (5) Contain a drainage system which shall be connected to a sanitary sewer or septic system which conforms to the standards of building codes noro in force within the city and shall be designed to rapidly remove water and excreta in the cleaning of such indoor housing facility under any conditions of weather to temperature; provided, this requirement shalt not apply to hobby kennels and pet shops. All indoor housing facilities for animals fish or birds shall be maintained in a clean and sanitary condition and a safe and effective disinfectant shall be used in the cleaning of such facilities. 9.18.180 Outdoor facilities. Animal shelters, hobby kennels, kennels, catteries, pet daycares and pet shops which have outdoor facilities for animals and birds shall: (1) Be constructed to provide shelter from excessive sunlight, rain, snow, wind or other elements. In addition, such facilities shall be conshucted to provide sufficient space for the proper exercise and movement of each animal contained therein; (2) Be constructed to provide drainage and to prevent the accumulation of water, mud debris, excreta or other materials and shall be designed to faciltate the removal of animal and food wastes; and (3) Be constructed with adequate walls or fences to contain the animals therein and to prevent entrances of other animals. 9.18.190 Grooming parlors. (1) Grooming parlors shall: (a) Not board animals but keep only dogs and cats for a reasonable time in order to perform the business of grooming; (b) Provide such restraining straps for a dog or cat while it is being groomed so that such animal shall neither fall or be hanged; (c) Sterilize all equipment after each dog or cat has been groomed; (d) Not leave animals unattended before a dryer; (e) Not prescribe a treatment or medicine that is the province of a licensed veterinarian as provided in RCW 18.92.010; (0 Not put more than one animal in each cape. (2) All floors and walls in rooms, pens and cages used to retain animals or in areas where animals are clipped, groomed or treated must be constructed of water impervious material that can be readily cleaned, and must be maintained in good repair. (3) Hot and cold water must be conveniently available and a large sink or tub of a minimum size of 24 inches by 18 inches by 12 inches must be provided. (4) Toilet and hand washing facilities with hot and cold running water must be conveniently available for personnel employed. Ordinance No. 10- 47 Page 20 of 24 Rev 3109 a • (5) Only equipment necessary to the operation of the licensed establishment shall be kept or stored on the premises and shall be stored in a sanitary and orderly manner_ (6) All cages, pens or kennels used for holding animals shall be kept in aclean and sanitary condition and must be disinfected on a routine basis. Section 24. Chapter 9.25 FWRC is renamed "Dangerous Animals" and the sections list is amended to read as follows: Sections: Article I. Dangerous Dogs 9.25.005 Statutes adopted. 9.25.010 Dangerous dogs prohibited. 9.25.020 Exception. 9.25.030 Confiscation. Article ll. Vicious Animals 9.25.100 Compliance required. 9.25.110 Factors required to be considered 9.25.120 Optional factors to be considered 9.25.130 Violations. Section 25. A new section is hereby added to Article I of Chapter 9.25 FWRC to read as follows: 9.25.005 Statutes adopted. Chapter 16.08 of the Revised Code of Washington in its entirety and all future amendments are hereby adopted by reference. In the case of a conflict between Chapter 16.08 RCW and this title, the provisions of this title shall control. Section 26. FWRC 9.25.010 is hereby amended to read as follows: 9.25.010 Dangerous dogs prohibited. (1) It is unlawful to own or possess a dangerous dog within the city limits of the city of Federal Way_ (2) Upon final designation of a dog as a dangerous dog, the dog must either be surrendered to the animal servicessentrel authority or be removed from the city limits of Federal Way by the owner or keeper of the dog. (3) Any violation of this section is a gross misdemeanor. (4) Owners or keepers of dangerous dogs shall be strictly liable for any damage caused by the dangerous dogs. Section 27. FWRC 9.25.030 is hereby amended to read as follows: 9.25.030 Confiscation. A dog shall be confiscated by the animal servicessentrel authority if the dog has been deemed a dangerous dog, the owner has received notice under this chapter, King County Code Title 1 t,--oF RGW 16.084)80—,and has either failed to appeal or has been denied relief following appeal. A dog may be impounded if the animal servicesesntrel authority has deemed it a dangerous dog prior to final determination. Any dangerous dog impounded or confiscated under this section priorto final Ordinance No. 10 Page 21 of 24 Rev 3/09 48 � r determination will be held at the owner's expense pending appeal of the classification or violation. Upon final determination it may be disposed of and the owner has no right to redeem such dog. However, upon showing of good cause and in the sound discretion of the animal servicesEentrol authority, the dog may be released to the owner for removal from within the city limits Section 28. A new section is added to Article II of Chapter 9.25 FWRC to read as follows: 9.25.100 Compliance required. An animal declared by the Directorto be vicious maybe kept harbored or maintained in the city only upon compliance with the requirements prescribed by the Director and the requirements of FWRC 9.18.120(2)(0. Section 29. A new section is added to Article II of Chapter 9.25 FWRC to read as follows: 9.25.110 Factors required to be considered. In prescribing requirements to be observed in compliance with this chapter, the Director shall take into consideration the following factors: (1) The breed of the animal and its characteristics: (2) The physical size of the animal; (3) The number of animals in the owner's home; (4) The zoning involved, size of the lot where the animal resides, the number and proximity of neighbors: (5) The existing control factors, including but not limited to fencing caging runs and staking locations: (6) The nature of the behavior giving rise to the director's determination that the animal is vicious: (a) Extent of the injury (b) Circumstances, e.g., time of day, on /off property, provocation instimt: (c) Circumstances surrounding the result and complaint e.g. neighborhood disputes identification, credibility of complainants and witnesses. Section 30. A new section is added to Article It of Chapter 9.25 FWRC to read as follows: 9.25.120 Optional factors to be considered. Requirements which may be prescribed under this chapter include but are not limited to the following: (1) Erection of additional or new fencing adequate to keep the animal within the confines of its property: (2) Construction of a run within which the animal is to be kept. Dimensions of the run will be consistent with the size of the animal; (3) Keeping the animal on a leash adequate to control the animal, the length and location to be determined by the director. When unattended the leash must be securely fastened to a secure obiect; (4) Maintenance of the animal indoors at all times except when personally controlled on a leash adequate to control the animal by the owner or a competent person at least 15 nears of age; (5) Removal of the animal from the city within 48 hours from the receipt of such notice. Ordinance No. 10- 49 Page 22 of 24 Rev 3/09 C; Section 31_ A new section is added to Article II of Chapter 9.25 FWRC to read as follows: 9.25.130 Violations. Failure to comply with any requirement prescribed by the Director pursuant to this chapter constitutes a misdemeanor. An animal kept or found in violation of this chapter is subiect to impoundment by the animal services authority, and the owner or keeper of such animal has no right to redeem such animal. Section 32. Chapters 9.10, 9.15, 9.20, 9.30, 9.35, 9.40, and 9.45 of the FWRC are hereby repealed in their entirety. Section 33. Severability. Should any section, subsection, paragraph, sentence, clause, or phrase of this chapter, or its application to any person or situation, be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this chapter or its application to any other person or situation. The City Council of the City of Federal Way hereby declares that it would have adopted this chapter and each section, subsection, sentence, clauses, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 34. Corrections. The City Clerk and the coditiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener /clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 35. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Ordinance No. 10- 6610] Page 23 of 24 Rev 3/09 • 0 Section-' 6. Effective Date. By unanimous consent, the City Council finds that this ordinance is needed for the immediate preservation of public peace, health and safety and is not subject to initiative or referendum_ This ordinance shall take effect and be in force on July 1, 2010. PASSED by the City Council of the City of Federal Way this day of , 2010. CITY OF FEDERAL WAY MAYOR, LINDA KOCHMAR ATTEST: CITY CLERK, CAROL MCNEILLY, CMC APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: KAOrdinance120IMnimal Services Ordinance No. 10- 51 Page 24 of 24 Rev 3/09 IRW IRW 0 0 Chapter 9.09 LICENSING Sections: 9.09.010 Cat and dog licenses. 9.09.020 Kennel, pet shop, cattery, or shelter permits required. 9.09.025 Grooming parlor permit required. 9.09.030 Hobby kennel or hobby cattery license required. 9.09.040 License applications and fees. 9.09.050 Zoning compliance. 9.09.060 Denial of license —Appeal. 9.09.070 Revocation, suspension, refusal to renew. 9.09.010 Cat and dog licenses. (1) It is unlawful to keep or harbor a dog or cat that has reached twenty -one (21) weeks of age unless an annual license is procured for the dog or cat from the animal services authority. There is established a rebuttable presumption that the purchaser of such license is the owner of the animal identified in the license application. (2) Dogs and cats four months old or older shall be vaccinated against rabies. Vaccinations shall be performed in accordance with the standards contained in the "Compendium of Animal Rabies Control" as amended, published by the National Association of State Public Health Veterinarians, Inc. Proof of vaccination must be shown before a license will be issued by the animal services authority. (3) The annual license fees are set by resolution of the city council. (4) When a license is obtained in the process of recovery of an impounded dog or cat, a fee is charged for the license. (5) The license will be valid for a term of one year from the date of issuance expiring on the last day of the twelfth month. Application for such license is made upon forms provided by the city. The application shall list the name address and phone number of the owner, the name breed, colors age, and sex, if any, of the dog or cat, and such other medical and vaccination information and data as may be required. Such information is kept, conveniently indexed by the animal services authority, together with the number of the license issued. (6) City residents 65 years of age and older may obtain at no charge a special permanent license for the lifetime of dogs and cats that are neutered or spayed and for which they are the registered owners when the animals are maintained at the owner's registered address. Such residents are not required to annually obtain a new license for the lifetime of such licensed animals, except that no household shall be issued more than three special permanent animal licenses for dogs or cats. (7) A license issued is not transferable or usable by a person other than the person to whom it was originally issued, except as provided in subsection (10) of this section. (8) It is unlawful for an applicant to withhold or provide false information on an application. (9) Upon payment of the license fee, the animal services authority shall furnish to the person paying the same a license tag for the dog or cat for which such fee has been paid. The shape of such tag may be changed from year to year, and the tag shall have stamped upon it the calendar year for which the fee has been paid. All license tags issued shall be securely fastened to a collar or other like harness which shall be worn by the animal at all times when off the premises of the licensed owner. (110) Whenever the ownership of a licensed dog or cat changes the new owner shall notify the animal services authority, whereupon the animal services authority shall change the record of the animal to show the new ownership. (11) An owner or keeper of a licensed dog or cat whose current license tag has been lost may obtain a replacement tag by the payment of a sum to be set by resolution of the city council. (12) The above provisions of this section shall not apply to: (a) Dogs and cats whose owners are nonresidents temporarily within the city: (b) The owners of dogs or cats brought into the city for the purpose of participating in a dog or cat show: (c) The owners or users of Seeing Eye, Guide, or Service dogs; (d) Veterinarians in custody of dogs or cats: (e) The owners or operators of an animal shelter; (,f The owners or operators of a duly licensed kennel or (g) The owners or operators of a grooming parlor or pet shop. (13) It is unlawful for a person to refuse to show at a reasonable time to an officer proof that his or her animal(s) has been properly licensed. 0 0 9.09.020 Kennel, pet shop, pet daycare, catterv, or shelter permit required. It is unlawful for a person to keep, maintain, or operate a kennel, pet shop, pet daycare, catterv, or shelter within the city without first obtaining a valid permit from Seattle -King County Department of Public Health pursuant to Chapter 8.03 of the King County Board of Health Code. Each permit and certificate of inspection issued pursuant to this chapter shall be in addition to any business registration required pursuant to Chapter 12.05 FWRC and shall be conspicuously displayed at the establishment to which such permit was issued. 9.09.025 Grooming parlor permit required. (1) It is unlawful for any person to keep or maintain any grooming parlor without a valid permit from Seattle -King County Department of Public Hecith. Any grooming parlor permit and any certificate of inspection issued pursuant to Chapter 8.03 of the King County Board of Health Code shall be in addition to any business registration required pursuant to Chapter 12.05 FWRC and shall be conspicuously displayed at the establishment to which such license was issued. (2) Grooming parlors shall: (a) Not board animals but keep such animals only for a reasonable time in order to perform the business of grooming; (b) Provide such restraining straps for the animal while it is being groomed so that such animal shall not fall or be hanged; (c) Sterilize all equipment after each animal has been groomed; (d) Not leave an animal unattended before a dryer; (e) Not prescribe treatment or medicine that is the province of a licensed veterinarian as provided in RCW 18.92.010; and (f) Not put more than one animal in each cage. (3) A grooming parlor license must be revoked or may be refused to be renewed if the establishment constitutes a public nuisance or for failure to comply with the above requirements. 9.09.030 Hobby kennel or hobby cattery license required. It is unlawful for any person to keep and maintain any dog or cat within the city for the purposes of a hobby kennel or hobby cattery without obtaining a license. The fee set by resolution of the city council for such license shall be assessed upon the owner or keeper of such animals. In addition, each animal shall be individually licensed pursuant to the provisions of FWRC 9.09.010. 9.09.040 License applications and fees. Applications for licenses for hobby kennels or hobby catteries shall be made to the animal services authority on forms provided by the city. A fee set by resolution of the city council shall be assessed not upon individual animals but upon the owner or keeper of a hobby kennel or hobby cattery. 9.09.050 Zoning compliance. The applicant for a hobby kennel or hobby cattery license shall present to the animal services authority a written statement from the city, that the establishment of the kennel or cattery at the proposed site is not in violation of the city zoning code, is a legal nonconforming zoning status, or a special development permit has been issued for the intended use 9.09.060 Denial of license — Appeal. No applicant shall be issued a hobby kennel or hobby cattery license who has had such license revoked or refusal to renew and until such applicant meets all applicable requirements established by this chapter. A decision to revoke refusal to renew, or denial of a license under this chapter may be appealed to the hearing examiner. Such appeal shall be brought within 10 days of such decision and in accordance with FWRC 12.05.200. 9.09.070 Revocation, suspension, refusal to renew. (1) The animal services authority may, in addition to other penalties provided in this chapter, revoke, suspend or refuse to renew any hobby kennel or hobby cattery license upon good cause or for failure to comply with any provision of this chapter; provided, however, the enforcement of such revocation, suspension or refusal shall be staved during the pendency of an appeal filed pursuant to FWRC 12.05.200. (2) No applicant shall be issued a hobby kennel or hobby cattery license who has previously had such license suspended or revoked or a renewal refused, for a period of one year after the date of revocation or refusal and until such applicant meets the requirements contained in the provision of this chapter to the satisfaction of the animal services authority.