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HomeMy WebLinkAboutResolution No. 2019-53CITY OF KENAI RESOLUTION NO. 2019-53 Sponsored by: Administration A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A ONE-YEAR AGREEMENT WITH THE CITY OF SOLDOTNA TO PROVIDE ANIMAL SHELTER SERVICES FOR THE CITY OF SOLDOTNA AT THE KENAI ANIMAL SHELTER. WHEREAS, the City of Kenai provides animal control services within the City and operates the Kenai Animal Shelter, providing the sheltering of animals from both the City of Kenai and areas around the City within the Kenai Peninsula Borough; and, WHEREAS, the mission of Kenai Animal Control is to provide humane care and shelter to all animals housed at the Kenai Animal Shelter, and to fairly enforce the City's code of animal ordinances throughout the City of Kenai; and, WHEREAS, the number of animals received by the Soldotna Animal Shelter has declined significantly during recent years, with just over 100 animals housed during calendar year 2018; and, WHEREAS, the City of Soldotna wishes to close their animal shelter and utilize the Kenai Animal Shelter for sheltering services for their animals; and, WHEREAS, the number of animals received by the Kenai Animal Shelter has also declined, with 1072 animals received in 2014 and only 829 animals during calendar year 2018, creating the capacity to accept additional animals; and, WHEREAS, consolidating animal shelter services in Kenai will improve consistency across jurisdictional boundaries, enable more cost-effective animal services by utilizing economies of scale, and improve ease of access for the public by providing a single location for shelter services in the central Kenai Peninsula. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Section 1. That the City Manager is hereby authorized to enter into a one-year agreement with the City of Soldotna for the contracting out of animal shelter services at the Kenai Animal Shelter. Section 2. That this resolution takes effect immediately upon passage. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 3rd day of July, 2019 Resolution No. 2019-53 Page 2 of 2 ATTEST: Heinz, CMC, City Clerk yCENq� Uzos� `��DED •1�� AGREEMENT FOR ANIMAL CONTROL SHELTER SERVICES THIS AGREEMENT is entered into this _ day of July, 2019, by and between the CITY OF KENAI ("Kenai") and the CITY OF SOLDOTNA ("City"). WHEREAS, the provision of animal control, sheltering and licensing services protects public health and safety and promotes animal welfare; and WHEREAS, providing such services on a regional basis allows for enhanced coordination and tracking of public and animal health issues, consistency of regulatory approach across jurisdictional boundaries, economies of scale, and ease of access for the public; and WHEREAS, the Cities of Kenai and Soldotna desire to partner, in making regional animal shelter services work effectively. NOW THEREFORE, for good and valuable consideration, the receipt whereof is hereby acknowledged, Kenai and City agree as follows: 1. Term. The term of this Agreement shall be from July 5, 2019 through and including June 30, 2020, unless terminated earlier in accordance with the terms of this Agreement. On or before March 1, 2020, each party shall notify the other party whether they wish to extend the term with or without amendments. 2. Services Provided. Kenai shall perform/provide the following services in accordance with the provisions of this Agreement: a. Shelter Services. Kenai shall provide shelter services for animals; 1) impounded by City; 2) owned or in the custody of City residents who voluntarily relinquish custody; 3) taken into custody by members of the public within City boundaries; or 4) ordered quarantined at the animal shelter by City (collectively "Soldotna Animals"). Shelter Services include the general care, cleaning and nourishment of owner -released, lost or stray dogs, cats and other animals at the Kenai Animal Shelter (the "Shelter") located at 510 N. Willow Street in Kenai. The Shelter shall generally be open to the public not less than 30 hours per week, and not less than 5 days per week excluding holidays, for purposes of pet redemption, adoption, license sales services and pet surrenders subject to staffing issues, maintenance and unforeseen events. In accordance with Kenai's ordinances, policies and procedures, and subject to the provisions of Section 3 of this Agreement (Appeal), the following services shall be provided under this Agreement: i. exercise, care and feeding, and reasonable medical attention for Soldotna Animals impounded at the Shelter; ii. provide for and manage adoptions and related activities leading to the placement Agreement For Professional Services Page 1 of 6 of animals in appropriate homes. iii. Kenai shall provide euthanasia services. iv. Kenai shall provide for the quarantine of animals. v. Kenai shall provide the Soldotna Chief of Police a key and alarm code to the Shelter and allow City after hours access to the Shelter for the limited purpose of impounding or quarantining Soldoma Animals when the Shelter is not open to the public. Only Soldoma employees that have received an orientation on after hours drop off procedures by Kenai staff may have access to the Shelter Key and alarm code. Soldotna employees must follow after hours drop off procedures. b. Licensing Services. Kenai shall provide for the sale of City of Soldoma pet licenses, available to the public in person, at the Kenai Shelter during regular business hours. Kenai may collect and retain the City's animal licensing fee for each Soldotna Animal licensed by Kenai. Soldotna licenses shall be provided to Kenai by the City of Soldotna. c. Record Keeping and Reporting. Kenai will keep appropriate records of Soldotna Animals, and will provide the City with an electronic report not less than quarterly summarizing data for Soldotna Animals impounded at the Kenai Animal Shelter. Kenai will maintain a database and will provide current pet license data files (or otherwise provide shared electronic access to such files) upon request of the City. Data files will include pets owned, owners, addresses, phone numbers, E-mail addresses, violations, license renewal status, and any other relevant or useful data maintained in the Kenai's database on licensed Soldotna Animals. Soldotna will provide Kenai records of licenses sold by Soldoma. 3. Appeal. Kenai shall conduct administrative appeals related to impoundment or quarantining of Soldoma Animals in accordance with the Kenai administrative appeals procedure, whereby persons who own an impounded or quarantined animal may be able to request a hearing to determine whether the animal was lawfully impounded and/or if the animal was lawfully withheld from redemption or disposed of except appeals challenging the decision of a City of Soldoma employee to impound or quarantine a Soldotna Animal ("Soldoma Appeals"). Soldotna Appeals shall be conducted by the City of Soldotna in accordance with the City of Soldoma administrative appeals procedure. 4. Time of Performance. Kenai shall commence performance on July 5, 2019 and complete performance June 30, 2020. The time for completion of performance may be extended by mutual written agreement of City and Kenai. 5. Compensation. City shall pay Kenai as compensation for the services rendered under this Agreement, a lump sum of Forty -Two -Thousand Dollars ($42,000.00). Should more than one hundred fifty animals be placed with Kenai by City during the initial term, Kenai shall be paid an additional sum of Three Hundred Eighty Four Dollars per animal ($384/animal) ("Surcharge"). The amounts payable to Kenai shall not exceed the sums identified in this Agreement For Professional Services Page 2 of 6 Paragraph without the prior written approval of the City. City agrees to make quarterly payments of ten thousand five hundred dollars ($10,500), payable on July 15, October 15, January 15, and April 15. Quarterly payments and any Surcharge due to Kenai shall be payable, provided Kenai submits a proper invoice for each billing, in such form accompanied by such evidence in support thereof as may be reasonably required by the City. All invoices are otherwise due and payable within thirty (30) days of receipt by City. 6. Shelter and Licensing Fees. Kenai may collect applicable fees in accordance with Kenai's ordinances, policies and procedures and may collect applicable Soldoma licensing fees (collectively "Kenai Fees"). Kenai may retain all Kenai Fees. Under no circumstances may Kenai collect Kenai Fees from City. 7. Services Supplied by City. City shall: a. transport impounded Soldoma Animals to and from the Shelter. b. impound or quarantine Soldoma Animals transported to the Shelter at times the Shelter is not open to the public. c. conduct Soldoma Appeals and notify Kenai of the decision on appeal. d. enforce violations of City animal control ordinances, e. perform neighborhood patrol and response to calls for service within Soldoma city limits. ff, participate in the updating and sharing of information and data regarding pets, owners, addresses and violations, to be shared with Kenai or maintained in a way that is accessible to both parties. 8. Independent Contractor Status. In Performing under this Agreement, Kenai acts as an independent contractor and shall have responsibility for and control over the details and means for performing the services required hereunder. 9. Indemnification. City shall defend and indemnify Kenai or any employee or other representative thereof from and against losses, damages, liabilities, expenses, claims and demands (collectively "Claim") arising out of Kenai's performance of this Agreement unless the Claim arises out of Kenai's failure to follow Kenai's ordinances, policies or procedures or Kenai's failure to comply with the provisions of this Agreement. 10. Assignment. Kenai shall not assign this Agreement or any of the monies due or to become due thereunder without the prior written consent of the City. 11. Subcontracting. Kenai may not subcontract its performance under this Agreement without the prior written consent of City. Any subcontractor must agree to be bound by the terms of this Agreement. Agreement For Professional Services Page 3 of 6 12. Designation of Representatives. The parties agree, for the purposes of the Agreement, that the City shall be represented by and may act only through the following representatives and their successors who shall have the authority to act and bind the parties in connection with this Agreement: For the City of Soldotna: Stephanie Queen, City Manager 177 N. Birch Street Soldotna, AK 99669 squeennasoldotna.org For the City of Kenai: Paul Ostrander, City Manager 210 Fidalgo Ave. Kenai, AK 99611 Postrander(aAkenai.city 13. Insurance. Kenai shall, at all times, at its own expense, keep in force the following described insurance for protection against the claims of employees or other persons, insuring both Kenai and the City against liability that may accrue against them or either of them in connection with the performance of Kenai under this Agreement: a. Insurance in at least the required statutory amounts covering claims under worker's compensation, disability benefits and other similar employee benefit acts; and b. General liability insurance covering bodily injury, death, and property damage with a combined single limit of not less than $500,000. 14. Insurance Certificate. All insurance shall be placed with an insurance carrier or carriers satisfactory to the City and shall not be subject to cancellation or any material change except after thirty (30) days written notice to the City, and shall provide that no failure of Kenai to comply with any condition or provision of this Agreement or other conduct of Kenai, or those for whose conduct it is responsible, shall void or otherwise affect the protection under the policy afforded to the City. A Certificate of Insurance reflecting full compliance with these requirements shall, at all times during the term of this Agreement, be provided to the general offices of the City. If Kenai fails to comply with these insurance requirements, the City may terminate this Agreement with ten (10) days written notice. 15. Claims Recovery. Claims by the City resulting from Kenai's failure to comply with the terms of and specifications of this Agreement and/or default hereunder may be recovered by City by withholding the amount of such claims from compensation otherwise due Kenai for work performed or to be performed. City shall notify Kenai of any such failure, default or damage therefrom as soon as practicable after discovery of such event by written notice. Nothing provided herein shall be deemed as constituting an exclusive remedy on behalf of City, nor a waiver of any other rights hereunder at law or in equity. Agreement For Professional Services Page 4 of 6 16. Compliance with Applicable Laws. Kenai shall, in the performance of this Agreement, comply with all applicable federal, state and local laws, ordinances, orders, rules and regulations applicable to its performance hereunder. 17. Venue and Applicable Law. The venue of any legal action between the parties arising as a result of this Agreement shall be laid in the Third Judicial District of the Superior Court of the State of Alaska, and this Agreement shall be interpreted in accordance with the laws of the State of Alaska. 18. Attorney's Fees. In the event either party institutes any suit or action to enforce its right hereunder, the prevailing party shall be entitled to recover from the other party its reasonable attorney's fees and costs in such suit or action and on any appeal therefrom. 19. Waiver. No failure on the part of either party to enforce any covenant or provision herein contained, nor any waiver of any right hereunder by either party, unless in writing and signed by the parties sought to be bound, shall discharge or invalidate such covenants or provisions or affect the right of either party to enforce the same or any other provision in the event of any subsequent breach or default. 20. Binding Effect. The terms, conditions and covenants contained in this Agreement shall apply to, insure to the benefit of, and bind the parties and their respective successors. 21. Termination. Either party may terminate this Agreement upon failure by the other party to comply with any terms or conditions of this Agreement. Prior to termination, the terminating party must provide the other party with written notice and a minimum of ten days opportunity from the date of the notice to cure the violation. If the violation is not cured within ten days, or additional time provided at the sole discretion of the terminating party, the terminating party may terminate the agreement in writing. 22. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and all prior negotiations and understandings are superseded and replaced by this Agreement and shall be of no further force and effect. No modification of this Agreement shall be of any force or effect unless reduced to writing, signed by both parties and expressly made a part of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized representatives, this Agreement on the respective date indicated below. CITY OF SOLDOTNA Agreement For Professional Services Page 5 of 6 DATED: CITY OF KENAI DATED: Agreement For Professional Services Page 6 of 6 BY: Stephanie Queen ITS: City Manager I Paul Ostrander ITS: City Manager - 11111ae" Rita a Past, eli� w;a a Ftp " 210 Fidalgo Ave, Kenai, Alaska 99611-7794 Telephone: (907) 283-7535 1 Fax: (907) 283-3014 \Ike city of www.kenai.city MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council FROM: Paul Ostrander, City Manager DATE: June 27, 2019 SUBJECT: Resolution No. 2019 — 53 — Authorizing a One -Year Agreement with the City of Soldotna to Provide Animal Shelter Services The City of Soldotna has seen a significant decrease over the last several years in the total number of animals received at their animal control shelter, declining to just over 100 animals received during 2018. The City of Kenai Animal Shelter has also seen a decrease in the number of animals received over the last five years, falling from 1,072 animals in 2014 to 829 in 2018. In April of this year, the Soldotna City Manager requested that the City of Kenai consider providing shelter services on behalf of the City of Soldotna. Administration conducted an analysis of the current operations at the Kenai Animal Shelter, and it was determined that we could accept the Soldotna animals without increases in staffing at the Shelter and with minimal increases in operational costs of less than $5,000. Resolution No. 2019-53 authorizes the Kenai City Manager to enter into a one-year agreement with the City of Soldotna to provide animal shelter services for the City of Soldotna at the Kenai Animal Shelter. The Agreement provides for a lump sum payment from the City of Soldotna to the City of Kenai of $42,000 for fiscal year 2020. This payment was based on historical data and the number of anticipated animal intakes from the City of Soldotna animal shelter of up to 150 animals. If more than 150 City of Soldotna animals are received by Kenai during the fiscal year, there will be an additional charge to the City of Soldotna of $384 per animal. The Agreement also allows the City of Kenai to sell City of Soldotna licenses and retain those revenues. Although the Agreement is for one year, if the partnership proves successful, it is anticipated that a new multiple -year agreement would be pursued. Your consideration is appreciated.