HomeMy WebLinkAbout103-87 RESOLUTION-
RESOLUTION NO.
103-87
A RESOLUTION AUTHORIZING. THE MAYOR AND CITY
CLERK TO EXECUTE AN AGREEMENT WITH FAYETTE-
VILLE HUMANE SOCIETY, INC. TO ENFORCE THE
CITY'S ANIMAL CONTROL ORDINANCES AND OPERATE
THE CITY'S ANIMAL SHELTER.
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF
FAYETTEVILLE; ARKANSAS: 7
That the Mayor and' City ,Clerk:'_are hereby- authorized and
directed to execute an agreement with Fayetteville Humane Society,
Inc. to enforce Attie `City's_ animal control ordinances and to
operate the City's animal shelter. A copy of the agreement
authorized for execution hereby is attached hereto marked Exhibit
"A" and made a part hereof.
PASSED AND APPROVED this f.r aay of GK -r te—;'1987.
ATTEST
~nab 4� Clerk
4.5
APPROVED
B
Mayo
AGREEMENT
This AGREEMENT executed this / `t day of�I�r�Jjiptfp L, . , 1987.
by and between the City of Fayetteville. Arkansas (the "City') and Fayetteville Humane
Society. Inc. ("FHS").
rp:y
WHEREAS. the City has -adopted animal control ordinances which are codified as
Chapter 4 of the Fayetteville Code of Ordinances: and
Mit4t®MLMMi
/
WHEREAS. the City proposes to construct a new animal shelter: and
WHEREAS. FHS has offered to assist the City in financing construction of a new
animal shelter and has offered to serve as the the City's agent for the purpose of enforcing
the City's animal control ordinances and operating the City's animal shelter.
NOW. THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS SET
FORTH HEREIN the City and FHB hereby agree as follows:
1. FHS shall serve as the City's agent for the purpose of enforcing the City's
animal control ordinances and operating the City's animal shelter.
2. FHS shall supervise the City's employees at the animal shelter. The City shall
provide and pay the following employees:
(al A shelter director to be responsible for all shelter and animal patrol operations;
(b) A shelter operator to be responsible for all animals in the City's custody and
for maintenance of the animal shelter: and
(c) Two animal control "officers.
3. The shelter operator and animal control officers shall be under the supervision
of, and report to. the shelter director. FHS may supplement the City's staff at the animal
she ter with parttime employees. volunteers. or individuals ordered by the Fayetteville
nicipal Court to perform public service. Personnel matters relating to employees at
t animal shelter shall be the responsibility of the City's Director of Public Safety and
t FHS. FHS shall prepare annual performance evaluations for the shelter director,. shelter
erator and animal control officers. FHS shall also prepare annual goals and objectives
for the operation of the animal shelter and animal patrol program. ,
4. On or before the lcr day of October each year. FHS shall
submit to the City's Director of Public Safety a proposed operating budget for the animal
shelter and enforcement of the City's animal control ordinances.
5. FHS shall provide to the City's Director of Public Safety. a monthly -report
of all revenues and expenses at the animal shelter.^.On or before February 1st each year.
FHS shall provide the City's Director of Public Safety with a report of all revenues and
expenses for the preceding calendar year.
6. FHS shall be responsible for issuing and maintaining records for all animal
licenses required by the City's animal control ordinances.
7. The funds budgeted by the City for the operation of the animal shelter division
shall be paid to the FHS Shelter Account in twelve (12) equal installments. due the first
day of each month. In addition. FHS shall be allowed to use all revenues generated at
the animal shelter for the purpose of operating and maintaining said shelter and enforcing
the City's animal control ordinances. Revenues generated by the sale of animal tags sold
at locations other than the shelter. shall be remitted by the tenth (10th) of the following
month to the FHS. to be placed in the shelter account. Those Funds remaining in the City
animal control division budget as of December 31. 1987. shall be remitted in lump sum
to FHS and placed in the shelter account.
8. The City will make its best efforts to construct a new animal shelter west
of the existing shelter site within three (3) years from the execution date of this agreement.
Construction of said new animal shelter shall be financed from the following revenue
sources.:
(al Existing funds in the animal shelter account:
(b) A contribution by the City of $50,000.00 per year for'the years 1988. 1989,
and 1990:
(c] Annual animal shelter revenues exceeding expenses:
(d] Contributions by FHS: and
(e) Contributions by Washington County. Arkansas.
9. The City's contributions for a new animal control shelter shall be placed in
an escrow account maintained by the City. If a new animal control shelter is not constructed
within five (5) years from the execution date of this agreement, all moneys in said escrow
account shall be returned to the City. Any disbursements from said escrow account must
be supported by construction contract invoices. Construction plans for a new animal control
shelter must be submitted to, and approved by. the City's Director of Public Works.
10. FHS shall have an annual audit performed by an independent auditing firm.
A copy of this audit shall be submitted to the City within 30 days of completion. FHS
shall require the audit firm to certify the amount of donations received for the shelter
in the audit.
11. FHS shall insure that City employees do not perform animal control services
beyond the City's corporate limits except on an emergency basis.
12. The term of this agreement shall commence an January 1. 1988. and shall
terminate December 31, 1988. The term shall automatically be extended for terms of
one [1] year each unless the City or FHS gives written notice of termination within thirty
(30] days from the termination date.
IN WITNESS WHEREOF. the parties have executed this Agreement on the date first
above written.
CITY OF FAYETTEVILLE. ARKANSAS
BY:4c-tAgan _..
(Mayor) p
FAYETTEVILLE HUMANE SOCIETY. INC.
By:
(President)
By:
ATTEST
ATTEST •