HomeMy WebLinkAbout74-05 RESOLUTION•
RESOLUTION NO, 74-05
A RESOLUTION APPROVING AN INTER -LOCAL AGREEMENT
BETWEEN THE CITY OF FAYETTEVILLE, ARKANSAS AND THE
CITY OF FARMINGTON, ARKANSAS TO PROVIDE ANIMAL
SHELTERING SERVICES TO THE CITY OF FARMINGTON FOR
2005
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby
approves an Inter -Local Agreement between the City of Fayetteville, Arkansas and the
City of Farmington, Arkansas to provide animal sheltering services to the City of
Farmington for 2005. A copy of the agreement, marked Exhibit "A" is attached hereto,
and made a part hereof.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby
authorizes the Mayor and City Clerk to execute the Inter -Local Agreement with the City
of Farmington, Arkansas.
PASSED and APPROVED this 19`h day of April 2005.
KITES
By:
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NDRA SMITH, City Clerk
APPROVED:
By
DA , COODY, Mayor
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INTERLOCAL AGREEMENT BETWEEN THE CITY OF FAYETTEVILLE,
ARKANSAS AND CITY OF FARMINGTON, ARKANSAS
THIS AGREEMENT is entered into thisl 4th day of February, 2005, by and
between the City of Fayetteville, and the City of Farmington, Arkansas, concerning
animal sheltering services;
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WHEREAS, A.C.A. Section 25-20-108, Interlocal Corporation Act, authorizes
public entities to enter into agreements to provide governmental services to the
mutual benefit of the entities; and
WHEREAS, effective animal control is of mutual interest to the City of Fayetteville
and the City of Farmington; and
WHEREAS, the city of Fayetteville possesses the necessary facilities to provide
animal sheltering services to the city of Farmington.
NOW, THEREFORE, IN CONSIDERATION of mutual promises of the parties'
contained herein and other good and valuable consideration, the parties agree as
follows:
Article 1
The City of Fayetteville agrees to provide sheltering services for animals delivered
to its shelter, located at 1640 Armstrong Avenue, in the City of Fayetteville, by
Farmington Citizens and designated Animal Control Officers for the City of
Farmington, with the term of this agreement to commence January 1, 2005 and
remain in effect until December 31, 2005.
Article II
The City of Farmington agrees to comply with the Fayetteville Animal Shelter's
Operating Policy during the term this agreement, and understands that the City of
Fayetteville may terminate this agreement for noncompliance with its policy by
providing a written 30 -day notice of cancellation to the Mayor of the City of
Farmington. If within the 30 -day period, the City of Farmington fails to be in
compliance with the operating policy, this agreement is terminated, the City of
Fayetteville is no longer obligated under the terms of this agreement, and the City of
Farmington is not obligated for the remaining monies owed under this agreement.
Article 111
The City of Farmington agrees to pay an annual sheltering services fee of Fourteen
Thousand Six Hundred Twenty -Five Dollars ($14,625) to the City of Fayetteville in
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the form of 12 monthly payments of One Thousand Two Hundred Eighteen and
75/100 Dollars ($1218.75). Payment shall be due on or before the first day of each
month. The annual sheltering services fee in this agreement is based upon the total
number of animals delivered to the shelter by Farmington citizens and the
designated Animal Control Officers during the fiscal year of 2004.
Article IV
For recordation purposes, the City of Farmington's account will be charged or
debited at the rate of $75 as an impound fee for each animal delivered to the animal
shelter by Farmington officials during the term of this agreement. In the event an
animal is reclaimed by its owner within 24 hours of being delivered to the animal
shelter by Farmington officials, the City of Fayetteville will credit the Farmington
account for the $75 impound fee. An additional sum of $5 per day will be charged
to the owners of animals that are impounded for over 5 days at the animal shelter.
The City of Farmington is responsible for collecting impound fees from Farmington
citizens. The City of Fayetteville is responsible for the collecting the per diem fee of
$5 for each day an animal is impounded beyond the 5 -day period.
The parties acknowledge that the City of Farmington is not responsible and its
account will not be charged or debited for impound fees for animals delivered to the
animal shelter by citizens who do not present a receipt for the payment of impound
fees to the City of Farmington. Further, Farmington citizens may not reclaim an
animal from the animal shelter without first presenting a receipt for the impound
fee and any other fees that may be incurred and charged by the City of Farmington.
Farmington officials will be provided a key and access to the temporary holding
kennels and cages at the animal shelter 24 hours a day, seven days a week.
Farmington citizens wishing to surrender an animal to the shelter will be provided,
upon request, an appointment to deliver the animal with proof of payment of the
impound fee.
Every animal brought to the animal shelter will be held for a period of five days. At
the expiration of five days, the animal will be temperament tested for aggression
and made available for adoption. If the animal fails the temperament test, it will be
euthanized. Any animals housed at the shelter over five days will become the
property of the City of Fayetteville. Citizens that reclaim their animal after five
days must present proof of payment of the impound fee to the City of Farmington
and are solely responsible for payment of the sum of five dollars ($5) per day for
each additional day the animal is housed at the animal shelter.
In addition to the annual sheltering services fee, the City of Farmington will be
charged and invoiced separately for stray bite quarantine and shipping expenses for
rabies testing. Quarantine boarding fees are $10 for 10 days and the shipping
charge will be $50 for each animal.
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Article V
The City of Fayetteville agrees to provide medical treatment for minor injuries to
animals, but will not be responsible for serious injuries to animals delivered to the
animal shelter. The City of Fayetteville will provide assistance in drafting animal
control ordinances, educational programming, professional consultation regarding
animal control matters, and assistance in all other areas necessary and proper to
effectuate the highest level of cooperation between the cities of Farmington and
Fayetteville.
Article VI
The parties acknowledge a contract for animal sheltering services between the City
of Fayetteville and Washington County, Arkansas. The agreement does not provide
for services within the corporate boundaries of any incorporated city in Washington
County. The parties further agree that this agreement will terminate in the event
the City of Farmington enters into an animal sheltering services agreement with
Washington County, Arkansas. In any event, the City of Farmington and the City
of Fayetteville shall have the right to terminate this agreement upon providing a 30 -
day written notice.
Article VII
Neither party may assign its rights or obligations under this agreement without the
express written consent of the other.
Article VIII
This agreement shall be interpreted according to and enforced pursuant to the laws
of the State of Arkansas.
Article IX
Each paragraph of this agreement is severable from all other paragraphs. In the
event any court of competent jurisdiction determines that any paragraph or
subparagraph is invalid or unenforceable for any reason, all remaining paragraphs
and subparagraphs shall remain in full force and effect.
Article X
The City of Farmington shall indemnify and hold harmless the City of Fayetteville
from any and all claims or liabilities arising from the performance of this
agreement; provided however, nothing in this agreement shall be construed to alter,
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limit or otherwise compromise the immunity afforded the City of Fayetteville and
the City of Farmington under the Constitution and statutes of the State of Arkansas.
Article XI
It is agreed that the failure of any party to invoke any of the available remedies
under this agreement for one or more breaches or defaults shall not be construed as
a waiver of such provisions and conditions and shall not prevent the parties from
invoking such remedies in the event of any future breach or default.
Article XII
This agreement constitutes the entire understanding of the parties, and no
modification or variation of the terms of this agreement shall be valid unless made
in writing and executed by the duly authorized agents of the parties, after an
affirmative vote of a majority of each city's governing body.
IN WITNESS WHEREOF, the City of Fayetteville and the City of Farmington have
executed this agreement as of the date first written above.
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SO ` ' • • SMITH, CLERK
CITY 0 FAYETTEVILLE, ARKANSAS
COODY, MAYOR
CITY OF FARMINGTON, ARKANSAS
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RESOLUTION NO.&Q362
A RESOLUTION APPROVING AN INTER -LOCAL AGREEMENT BETWEEN
THE CITY OF FAYETTEVILLE, ARKANSAS AND THE CITY OF
FARMINGTON, ARKANSAS TO PROVIDE ANIMAL SHELTERING
SERVICES TO THE CITY OF FARMINGTON FOR THE FISCAL YEAR 2005.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FARMINGTON, ARKANSAS:
Section 1: That the City Council of the City of
Farmington, Arkansas hereby approves an Inter -Local
Agreement between the City of Fayetteville, Arkansas and
the City of Farmington, Arkansas to provide animal
sheltering services to the City of Farmington for the
fiscal year of 2005. A copy of the agreement, marked
Exhibit "A" is attached hereto, and made a part hereof.
Section 2: That the City Council of the City of
Farmington, Arkansas hereby authorizes the Mayor and City
Clerk to execute the Inter -Local Agreement with the City of
Fayetteville, Arkansas.
PASSED AND APPROVED this )i day of February, 2005.
ATTEST:
APPROVED:
By:
arris, Mayor
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W1M1e
ARKANSAS
MEMORANDUM
TO: City Council Members
FROM: Jill Hatfield, Animal Services Superintenden
DATE: April 1, 2005
RE: Supplemental Information regarding Inter -Local Sheltering Contracts
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The City of Fayetteville Animal Services has offered inter -local sheltering contracts to
surrounding municipalities since 1995. In 2000 six cities contracted with Fayetteville for
sheltering of their stray and surrendered animals. Each contract was for a 12 month
period from January through December. The contract fee for these cities was $61 per
animal, invoiced each month according to the amount of animals brought in the previous
year.
Washington County was given a contract in 2001 to expire in 2004. The contract fee was
$36 per animal. The county was billed on a monthly basis for the current year In 2004,
Fayetteville Animal Services met with the county animal advisory committee and
communicated that an increase in sheltering fees would occur in the next year due to
increased sheltering costs. In June 2004, the county agreed to pay $50 per animal, but
not to exceed $2,535 per month for sheltering until 2005
Two municipalities, Lincoln and Prairie Grove had contracts designated for euthanasia
services only provided by Fayetteville from the year 2000 to 2004. The two cities paid
$I0 per animal. This fee no longer covers the cost of incineration and does not take into
account the time of a euthanasia technician and caretaker, nor does it cover the cost of
syringes and euthanasia solution.
Due to all contracts expiring in 2004, the decision was made to offer the same consistent
sheltering services to Washington County and above mentioned municipalities.
Communications were made with the cities to inform them an increase in fees was to be
expected. The following is the amount of animals sheltered from the above named and
the cost incurred at a rate of $75 per animal.
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Municipality
Number of Animals
Fee per year/month
Elm Springs
8
$600/$50
Farmington
195
$14,625/$1,218.75
Goshen
11
$825/$68.75
Greenland
7
$525/$43.75
Lincoln
122
$9,150/$762.50
Prairie Grove
174
$13,050/$1,087.50
Tontitown
12
$900/$75
Washington County
820
$61,500/$5,125
West Fork
92
$6,900/$575
Winslow
8
$600/$50
Total: 10
1,449
$108,675/$9,056.25
The above amounts are based on 2004 numbers.
The decision to no longer offer euthanasia service only contracts was made due to the
high stress level placed on the shelter staff if an animal brought in by those two
municipalities was highly adoptable, the decision to place the animal up for adoption was
not for the shelter staff to make. Concerning this highly skilled and stressful task, it was
not humane to euthanize an animal sure to get a home, nor demand the staff to perform
such duty. 1 have attached a few articles explaining this task and the issues surrounding
the complex function shelter employees must face each day in a sometimes hostile
environment.
The fee of $75 was figured by taking the 2004 shelter program costs and dividing it by
the number of animals taken in by the shelter. This cost includes the Shelter program
only; it does not include the Emergency/Patrol program or the Veterinarian/Clinic
program budgets. The following is the breakdown of costs:
Personnel $264,460
Materials/Supplies $ 37,335
Services/Utilities $ 48,526
Maintenance S 35,306
Total $385,627 Divided by total number of animals sheltered
5,091 for 2004 is $75.74 spent per animal.
Offering these contracts does not provide revenue for the Animal Services Division; it is
not only the animals that we must care for, but also the city's citizens. Animal Services
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S)Zttale
staff field phone calls from these city's citizens along with spending time explaining the
process, educating, and gathering information when they surrender an animal to the
shelter. This takes time and kennel space away from the citizens of Fayetteville and
Fayetteville animals.
Offering these contracts to the municipalities who do not have sheltering facilities is a
humane approach to the overpopulation problem and ensures the animals are given
excellent care and humane treatment. To help in the battle of pet overpopulation, all
municipalities in Washington County and the citizens of Fayetteville should be
encouraged to utilize the county's free low income spay/neuter program and
Fayetteville's $10 low income spay/neuter service. These services should be emphasized
to decrease the amount of homeless animals needing to be sheltered.
Enclosures
cc: Mayor Coody
Chief Johnson
Capt. Tabor
Capt. Yates
Judy Cohea
3
Jr.
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RESOLUTION NO.
A RESOLUTION APPROVING AN INTER -LOCAL AGREEMENT
BETWEEN THE CITY OF FAYETTEVILLE, ARKANSAS AND THE
CITY OF FARMINGTON, ARKANSAS TO PROVIDE ANIMAL
SHELTERING SERVICES TO THE CITY OF FARMINGTON FOR
2005.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas
hereby approves an Inter -Local Agreement between the City of Fayetteville,
Arkansas and the City of Farmington, Arkansas to provide animal sheltering
services to the City of Farmington for 2005. A copy of the agreement, marked
Exhibit "A" is attached hereto, and made a part hereof.
Section 2. That the City Council of the City of Fayetteville, Arkansas
hereby authorizes the Mayor and City Clerk to execute the Inter= +` :l
Agreement with the City of Farmington, Arkansas.
PASSED and APPROVED this 19th day of Ap
By
ty Clerk
APPRO
ODY, Mayor
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CITY OF FARMINGTON
354 West Main Street
P.O. Box 150
Farmington, Arkansas 72730
• RECEIVED
FEB 18 2005
CITY OF FAVETTEVILLE
MAYOR'S OFFICE
(479) 267-3865
(479) 267-3411
(479) 267-5511 (Fax)
February 16, 2005
Honorable Dan Coody
Mayor, City of Fayetteville
113 West Mountain
Fayetteville, Ar. 72701
Dear Mayor Coody,
Enclosed please find the original of the negotiated agreement between the City of
Farmington and the City of Fayetteville regarding animal sheltering services for
2005 for your signature. I have also enclosed the resolution approving the
agreement.
Upon signing, please return the original to our office and keep a signed copy for
your records. If I may cooperate in any manner you have only to ask. Thanks
for your attention to this matter.
Very Truly Yours,
9-
E. Rose
City Business Manager
Jill Hatfield
Submitted By
• City of Fayetteville •
Staff Review Form
City Council Agenda Items
or
Contracts
19 -Apr -05
City Council Meeting Date
Animal Services
Division
Action Required:
Police
Department
A resolution approving an Inter -Local Agreement between the City of Fayetteville, Arkansas and the City of
Farmington, Arkansas to provide animal sheltering services to the City of Farmington for 2005.
Cost of this request
Account Number
Project Number
Budgeted Item
X
F
Category/Project Budget
Funds Used to Date
Remaining Balance
Budget Adjustment Attached
Program Category / Project Name
Program / Project Category Name
Fund Name
Depa ment Direc . r
City Attome
!lec
ate
-1/ - y//s
Finan ct; and Internal Service Director Date
Mayor
Previous Ordinance or Resolution #
Original Contract Date:
Original Contract Number:
Received in City Clerk's Office
Received in Mayors Office
Comments
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Clarice Pearman - Res74-05 Page 1
From: Clarice Pearman
To: Hatfield, Jill
Subject: Res74-05
Attached is a copy of the resolution and agreement for animal services with Farmington passed by City
Council April 19, 2005.
CC: Deaton, Vicki