Loading...
HomeMy WebLinkAboutResolution No. 2025-26)C11 KENAI CITY OF KENAI RESOLUTION NO. 2025-26 Sponsored by: Administration A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE CITY OF SOLDOTNA TO CONTINUE PROVIDING 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 for the City of Kenai and also providing some sheltering of animals for areas around the City within the Kenai Peninsula Borough; and, WHEREAS, the City of Kenai first entered into an agreement to provide animal shelter services to the City of Soldotna in 2019, at which time the City of Soldotna closed their shelter, and those shelter services have been provided by the Kenai Animal Shelter continuously since that time; and, WHEREAS, consolidating animal shelter services in Kenai has improved consistency across jurisdictional boundaries, enabled more cost-effective animal services by utilizing economies of scale, and provided ease of access for the public by providing a single location for shelter services in the central Kenai Peninsula; and, WHEREAS, the current agreement expires on June 30, 2025; and, WHEREAS, the City of Kenai Administration recommends the City enter a new agreement to provide animal shelter services to 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 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 extensions 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 16T" DAY OF APRIL, 2025. f Brian Gabriel Sr., Mayor ATTEST: i el an MC, City Clerk New Text Underlined; [DELETED TEXT BRACKETED] K F N A I City of Kenai 1 210 Fidalgo Ave, Kenai, AK 99611-7794 1907.283.7535 1 wwwkenaixity MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Terry Eubank, City Manager FROM: Dave Ross, Police Chief DATE: April 8, 2025 SUBJECT: Resolution No. 2025-26 - Authorizing the City Manager to Enter into an Agreement with the City of Soldotna to Continue Providing Animal Shelter Services for the City of Soldotna at the Kenai Animal Shelter. The City of Kenai operates the only government run animal shelter in the central Kenai Peninsula. The Kenai Animal Shelter provides animal shelter services to the City of Kenai in addition to providing some shelter services for animals from areas around the City within the Kenai Peninsula Borough. The City of Kenai has also provided animal shelter services to the City of Soldotna since 2019. In 2019 the City of Kenai entered into an original one-year agreement with the City of Soldotna to provide animal shelter services, and that was followed by a three-year agreement with two one-year extensions. When the current agreement expires in June of 2025, Kenai will have provided animal shelter services to the City of Soldotna for six years. This Resolution authorizes the City Manager to enter into another agreement whereby the City of Kenai will continue to provide animal shelter services to the City of Soldotna for another three years with the possibility of two more one-year extensions. This collaboration has been mutually beneficial to both Cities. The City of Soldotna has benefited fiscally from not having to operate an animal shelter and the City of Kenai has benefited fiscally from receiving funds from the City of Soldotna to assist in operating the Kenai Animal Shelter. We also believe the public and the animals benefit from the consistencies created by having a single shelter for both Cities. The original Agreement in 2019 was for the City of Soldotna to pay the City of Kenai $42,000 annually for animal shelter services. That amount has increased annually to account for inflation. This proposed agreement will start at $49,566 for fiscal year 2026 and continue to be adjusted annually by Alaska Urban CPI. Thank you for your consideration. F AGREEMENT FOR ANIMAL CONTROL SHELTER SERVICES THIS AGREEMENT is entered into this day of June, 2025, 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, 2025 through and including June 30, 2028, 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. 1Services 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 by 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. The shelter has established a policy to limit the intake of animals when the Shelter approaches capacity. This policy may cause residents to be on a waiting list for the voluntary- relinquishment of their owned animals to the Shelter. 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: Agreement For Animal Shelter Services Page 1 of 5 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 of animals in appropriate homes. iii. Kenai shall provide euthanasia services for animals in the custody of the Shelter. 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 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 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 Animal Control will prepare a monthly report detailing animal intakes, which will be provided to Soldotna upon request. Kenai will maintain a database of licensed animals and, upon request, will provide current pet license data files —or otherwise grant shared electronic access to such files —to Soldotna. These data files will include information such as pet ownership, owner names, addresses, phone numbers, email addresses, violations, license renewal status, and any other relevant data maintained in Kenai's system for licensed animals residing in Soldotna. Soldotna will, in turn, provide Kenai with records of any licenses sold directly by Soldotna. 3. Compensation. Soldotna shall pay Kenai as compensation for the services rendered under this Agreement, a lump sum of Forty -Nine Thousand, Five Hundred and Sixty Six Dollars ($49,566.00) annually. This amount shall be adjusted annually for the years beginning July 1, 2026 and July 1, 2027 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 any year of the contract (July 1- June 30), Kenai shall be paid an additional sum of Three Hundred Ninety Three Dollars per animal ($399/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. Agreement For Animal Shelter Services Page 2 of 5 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. 4. 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. 5. Services Supplied by Soldotna. Soldotna shall: a. transport impounded Soldotna Animals to and from the Shelter. b. provide needed medical attention to Soldotna Animals prior to delivering them to the shelter, or make arrangement for (including payment of) medical treatment needed at the time an animal is taken into custody by Soldotna. c. impound or quarantine Soldotna Animals transported to the Shelter at times the Shelter is not open to the public. d. conduct Soldotna Appeals and notify Kenai of the decision on appeal. e. enforce violations of Soldotna animal control ordinances, f. perform neighborhood patrol and response to calls for service within Soldotna city limits. g. 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. h. make reasonable attempts to contact owners and return animals to Soldotna residents during the period an animal is held at the Shelter prior to adoption. 6. Independent Contractor Status. In Performing services 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. 7. 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 "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. 8. 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. Agreement For Animal Shelter Services Page 3 of 5 9. Subcontracting. Kenai may not subcontract its performance under this Agreement without the prior written consent Soldotna. Any subcontractor must agree to be bound by the terms of this Agreement. 10. 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: Janette Bower, City Manager 177 N. Birch Street Soldotna, AK 99669 jbower@soldotna.org For the City of Kenai: Terry Eubank, City Manager 210 Fidalgo Ave. Kenai, AK 99611 teubanknkenai.ci 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. 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. 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. Agreement For Animal Shelter Services Page 4 of 5 16. 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. 17. Termination. Either parry 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 parry 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 DATED: BY: CITY OF KENAI DATED: Agreement For Animal Shelter Services Page 5 of 5 Janette Bower ITS: City Manager I� Terry Eubank ITS: City Manager