Loading...
HomeMy WebLinkAbout76-05 RESOLUTION• RESOLUTION NO. 76-05 A RESOLUTION APPROVING AN INTER -LOCAL AGREEMENT BETWEEN THE CITY OF FAYETTEVILLE, ARKANSAS AND THE CITY OF WEST FORK, ARKANSAS TO PROVIDE ANIMAL SHELTERING SERVICES TO THE CITY OF WEST FORK 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 West Fork, Arkansas to provide animal sheltering services to the City of West Fork 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 West Fork, Arkansas. PASSED and APPROVED this I9'" day of April 2005. ATTEST: FAYETTEVILLE: 7.5150RKANSP�J`�``: .'......... a„v.• ByM,uf..l.. A SMITH, City Clerk APPROV By DAN COODY, Mayor • • INTERLOCAL AGREEMENT BETWEEN THE CITY OF FAYETTEVILLE, ARKANSAS AND CITY OF WEST FORK, ARKANSAS THIS AGREEMENT is entered into this 3/4t4day of /i1dre s- , 20 0 5 , by and between the CITY OF FAYETTEVILLE, and the CITY OF WEST FORK, ARKANSAS, concerning the provision of animal sheltering services; WHEREAS, A.C.A. § 25-20-108, Interlocal Cooperation Act, authorizes public entities to enter into agreements to provide governmental services to the mutual benefit of each entity; and WHEREAS, effective animal control is of mutual interest to the City of Fayetteville and City of West Fork; and WHEREAS, the City of Fayetteville possesses the necessary facilities to provide animal sheltering services to City of West Fork. NOW, THEREFORE, IN CONSIDERATION of mutual promises of the parties contained herein and other good and valuable consideration, the parties agree as follows: Article I 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 West Fork citizens and designated animal control officers. Article I1 The City of West Fork agrees to comply with the Fayetteville Animal Shelter's Operating Policy during the term of this Agreement, and understands that the City of Fayetteville may terminate this agreement for noncompliance. Article III The City of West Fork agrees to pay an annual sheltering services fee of Six Thousand Nine Hundred dollars ($6,900) to the City of Fayetteville in the form of twelve (12) monthly payments of Five Hundred Seventy -Five dollars ($575). Payment shall be due on or before the first day of each month. The annual sheltering services fee shall be based upon the total number of animals delivered to the shelter by West Fork citizens and designated animal control officers during the previous year. • • Article IV This agreement shall remain in effect until midnight December 31, 2005. Article V The City of Fayetteville agrees to provide assistance to the City of West Fork in the form of minor medical treatment while a shelter veterinarian is on staff, the drafting of animal control ordinances, educational programming, professional consultation regarding animal control matters, and in all other areas necessary and proper to effectuate the highest level of cooperation between the two cities. Article VI Both Cities acknowledge the existence of a county wide animals sheltering agreement between the City of Fayetteville and Washington County, but which currently excludes the corporate boundaries of any incorporated cities. The Cities agree that this Agreement shall automatically terminate in the event that the City of West Fork enters into an animal sheltering services agreement with Washington County, Arkansas. In any event, either City shall have the right to terminate this Agreement upon Thirty (30) days written notice to the other. Article VII Neither City may assign any of its rights or delegate any of its obligations under this Agreement, without the express written consent of the other. Article VIII This Agreement shall be interpreted according to and enforced under 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 West Fork shall hold harmless the City of Fayetteville from any and all claims or liabilities arising from the performance of this Agreement, • • provided that nothing in this Agreement shall be construed to alter, limit or otherwise compromise that immunity afforded the City of Fayetteville or the City of West Fork 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 or under law in the event of one or more breaches or defaults by any party under the Agreement 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 signed 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 West Fork have executed this Agreement on or as of the date first written above. ATTEST: •S ;moi: • G ./P� .U• •-AS ;FAYETTEVILLE: _ C2.6 . •, �is J pwrr t" SONDRA SMITH, City Clerk ATTEST: PAULA CAUDLE, City Clerk CITY OF FAYETTEVILLE, ARKANSAS DA COODY, Mayor CITY O WEST FORK, ARK SA VIRG' ;LACKMAN,Mayor • • RESOLUTION NO. 2005-05 A RESOLUTION APPROVING AN INTER -LOCAL AGREEMENT BETWEEN THE CITY OF FAYETTEVILLE, ARKANSAS AND THE CITY OF WEST FORK, ARKANSAS TO PROVIDE ANIMAL SHELTERING SERVICES TO THE CITY OF WEST FORK FOR THE 2005 YEAR. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST FORK, ARKANSAS: Section 1. That the City Council of the City of West Fork, Arkansas hereby approves an Inter -Local Agreement between the City of Fayetteville, Arkansas and the City of West Fork, Arkansas to provide animal sheltering services to the City of West Fork for the 2005 year. A copy of the agreement, marked Exhibit "A" is attached hereto, and made a pan hereof. Section 2.; That the City Council of the City of West Fork, Arkansas hereby authorizes the Mayor and City Clerk to execute the Inter -Local Agreement with the City of Fayetteville, Arkansas. PASSED AND APPROVED this 8th day of March, 2005. APPROVED By ATTEST: By: GLAia., C ett.c _ Paula Caudle, City Clerk Virg ;' . Blackmon, Mayor • Sletne MEMORANDUM TO: City Council Members FROM: Jill Hatfield, Animal Services Superintendent DATE: April 1, 2005 RE: Supplemental Information regarding Inter -Local Sheltering Contracts /ES y//9/P5 �76-o5 /44r/ocoi new � rk 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 $10 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. 1 • • ye..Y.1., e • Municipality Number of Animals Fee per year/month $600/$50 Elm Springs 8 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 92 $61,500/$5,125 $6,900/$575 West Fork 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. I 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 $ 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 2 • • 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 • • RESOLUTION NO. A RESOLUTION APPROVING AN INTER -LOCAL AGREEMENT BETWEEN THE CITY OF FAYETTEVILLE, ARKANSAS AND THE CITY OF WEST FORK, ARKANSAS TO PROVIDE ANIMAL SHELTERING SERVICES TO THE CITY OF WEST FORK 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 West Fork, Arkansas to provide animal sheltering services to the City of West Fork 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 Agreement with the City of West Fork, Arkansas. PASSED and APPROVED this 19th day of Apr APPRO By Clerk ODY, Mayor 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 West Fork, Arkansas to provide animal sheltering services to the City of West Fork for 2005. Cost of this request Account Number Project Number Budgeted Item X Category/Project Budget Funds Used to Date Remaining Balance Budget Adjustment Attached Program Category / Project Name Program / Project Category Name Fund Name D.) City Attorney .4 Finan (:e and Intemal Service Director 4714( g pito w - ¥//s ,au -J y -g -off Date Mayor Comments: a Date Previous Ordinance or Resolution # Original Contract Date: Original Contract Number: Received in Mayor's Office /Clarice Pearman - Res76-05 From: Clarice Pearman To: Hatfield, Jill Subject: Res76-05 Attached is a copy of the resolution and agreement for animal services with West Fork passed by City Council April 19, 2005. One of two originals will be returned through interoffice mail. Thanks. Clarice CC: Deaton, Vicki Page 1