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HomeMy WebLinkAboutResolution No. 2020-38JC? Sponsored by: Administration Kl;NAI CITY OF KENAI RESOLUTION NO. 2020-38 A RESOLUTION OF THE CITY OF KENAI, ALASKA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN 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 City of Soldotna previously provided similar services within the City of Soldotna until the Councils of both Cities approved an Agreement for one year for the city of Kenai to provide animal shelter services for the City of Soldotna; and, WHEREAS, the Agreement between the Cities expires on June 30, 2020 ; and , WHEREAS, continued consolidation of animal shelter services in Kenai will continue to 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; and, WHEREAS, the City of Kenai Administration recommends the City enter into a new longer-term agreement to provide animal shelter services for the City of Soldotna. 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 an Agreement with the City of Soldotna to provide animal shelter services at the Kenai Animal shelter for a period of three years with the possibility of two one year extensions . The City Manager may execute the two future extension without further Council approval. Section 2. That this resolution takes effect immediately upon passage. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 3 day of June, 2020 . ~-xL~.j: BRlAN GABRIEL, SR., MAYOR ATTEST : City of Kenai I 210 ~idalgo Ave, Kenai. AK 99611 -77941907.283.7535 I www.kenai.ci!y MEMORANDUM TO: FROM : DATE: SUBJECT: Mayor Gabriel and Council Members Scott Bloom , City Attorney May 27, 2020 Resolution 2020 -38 Animal Shelter Agreement Council passed Resolution 2019-53 on July 3 , 2019, approving a one year agreement fo r Kenai to provide animal shelter services for Soldotna . The arrangement has worked well for both parties , and administration recommends Council authorize a longer term agreement, three years with an option for two one year extensions. The City will receive a base compensation of $42,588 the first year (a CPI increase of $588 over the prior year) annually adjusted by CPI thereafter. Other changes to the proposed agreement have been negotiated by the parties, none of which affect services provided, but are related to dispute resolution and the relationship of the parties . Your consideration is appreciated. AGREEMENT FOR ANIMAL CONTROL SHELTER SERVICES THIS AGREEMENT is entered into this _ day of June, 2020, by and between the CITY OF KENAI ("Kenai") and the CITY OF SOLDOTNA ("Soldotna"). 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 Soldotna agree as follows: 1. Term. The initial term of this Agreement shall be from July 1, 2020 through and including June 30, 2023, unless terminated earlier in accordance with the terms of this Agreement. This agreement may be extended for two additional one-year terms , upon the mutual agreement of both parties. 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 Soldotna; 2) owned or in the custody of Soldotna residents who voluntarily relinquish custody; 3) taken into custody by members of the public within Soldotna boundaries; or 4) ordered quarantined at the animal shelter by Soldotna (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; ti. provide for and manage adoptions and related activities leading to the placement Agreement For Animal Shelter Services Page 1 of 5 of animals in appropriate homes. iii. Kenai shall provide euthanasia services. 1v. 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 Soldotna after hours access to the Shelter for the limited purpose of impounding or quarantining Soldotna Animals when the Shelter is not open to the public. Only Soldotna 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 Soldotna of Soldotna pet licenses, available to the public in person, at the Kenai Shelter during regular business hours. Kenai may collect and retain the Soldotna '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 Soldotna 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 Soldotna. 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 Soldotna. 3. Appeal. Kenai shall conduct administrative appeals related to impoundment or quarantining of Soldotna 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 ifthe animal was lawfully withheld from redemption or disposed of except appeals challenging the decision of a City of Soldotna employee to impound or quarantine a Soldotna Animal ("Soldotna Appeals"). Soldotna Appeals shall be conducted by the City of Soldotna in accordance with the City of Soldotna administrative appeals procedure. 4 . Compensation. Soldotna shall pay Kenai as compensation for the services rendered under this Agreement, a lump sum of Forty-Two-Thousand, Five Hundred and Eighty Eight Dollars ($42,588.00). This amount shall be adjusted annually for the years beginning July 1, 2021 and July 1, 2022 by 100% of the annual Alaska Urban CPI. Compensation for services beyond the initial three-year term, if extended, shall be determined by mutual agreement of the parties. Should more than one hundred fifty animals be placed with Kenai by Soldotna during the initial Agreement For Animal Shelter Services Page 2of5 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 paragraph without the prior written approval of the City of Soldotna. Soldotna agrees to make quarterly payments of the pro-rated annual amount, 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 Soldotna. All invoices are otherwise due and payable within thirty (30) days of receipt by Soldotna. 5. Shelter and Licensing Fees. Kenai may collect applicable fees in accordance with Kenai's ordinances, policies and procedures and may collect applicable Soldotna licensing fees (collectively "Kenai Fees"). Kenai may retain all Kenai Fees. Under no circumstances may Kenai collect Kenai Fees from Soldotna. 6. Services Supplied by Soldotna. Soldotna shall: a. transport impounded Soldotna Animals to and from the Shelter. b. impound or quarantine Soldotna Animals transported to the Shelter at times the Shelter is not open to the public. c. conduct Soldotna Appeals and notify Kenai of the decision on appeal. d. enforce violations of Soldotna animal control ordinances, e. perform neighborhood patrol and response to calls for service within Soldotna city limits. f. 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. 7. 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. 8. Indemnification. Soldotna shall defend and indemnify Kenai or any employee or other representative thereof from and against losses , damages, liabilities, expenses, claims and demands (collectively "C laim ") 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. 9. Assignment. Kenai shall not assign this Agreement or any of the monies due or to become due thereunder without the prior written consent of Soldotna. 10. Subcontracting. Kenai may not subcontract its performance under this Agreement without the prior written consent Soldotna. Any subcontractor must agree to be Agreement For Animal Shelter Services Page 3 of 5 bound by the terms of this Agreement. 11. Designation of Representatives. The parties agree , for the purposes of the Agreement, that the Cities of Kenai and Soldotna 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: For the City of Kenai: Stephanie Queen, City Manager 177 N. Birch Street Soldotna, AK 99669 sque en@soldo tna.org Paul Ostrander, City Manager 210 Fidalgo Ave. Kenai , AK 99611 postrand er @kena i .c i ty 12. 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 Soldotna against liability that may accrue against them or either of them in connection with the performance of Kenai under this Agreement: a. In s urance 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. 13. Compliance with Applicable Laws. Kenai and Soldotna shall, in the performance of this Agreement, comply with all applicable federal, state and local laws, ordinances, orders, rules and regulations applicable to their respective performance hereunder. 14. 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. 15. 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. 16 . Binding Effect. The terms, conditions and covenants contained in this Agreement For Animal Shelter Services Page 4of5 Agreement shall apply to, insure to the benefit of, and bind the parties and their respective successors. 17 . 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. 18. 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 CITY OF KENAI Agreement For Animal Shelter Services Page 5 of 5 BY: Stephanie Queen ITS: City Manager BY: Paul Ostrander ITS: City Manager