HomeMy WebLinkAbout77-05 RESOLUTIONRESOLUTION NO. 77-05
A RESOLUTION APPROVING AN INTER -LOCAL AGREEMENT
BETWEEN THE CITY OF FAYETTEVILLE, ARKANSAS AND THE
CITY OF TONTITOWN, ARKANSAS TO PROVIDE ANIMAL
SHELTERING SERVICES TO THE CITY OF TONTITOWN 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 Tontitown, Arkansas to provide animal sheltering services to the City of
Tontitown 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 Tontitown, Arkansas.
PASSED and APPROVED this 19`h day of April 2005.
ATTEST:
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DRA SMITH, City Clerk
APPROVED.
By:
DA 00 ' , Mayor
• •
INTERLOCAL AGREEMENT BETWEEN THE CITY OF FAYETTEVILLE,
ARKANSAS AND CITY OF TONTITOW(N, ARKANSAS
THIS AGREEMENT is entered into this 1 day of TSCIvkki-a✓k1,
20 Q., by and between the CITY OF FAYETTEVILLE, and the CITY OF
TONTITOWN, 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 Tontitown; and
WHEREAS, the City of Fayetteville possesses the necessary facilities to
provide animal sheltering services to City of Tontitown.
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 Tontitown citizens and designated animal control officers.
Article II
The City of Tontitown 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 Tontitown agrees to pay an annual sheltering services fee of Nine
Hundred dollars ($900) to the City of Fayetteville in the form of twelve (12) monthly
payments of Seventy -Five dollars ($75). 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 Tontitown 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 Tontitown
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 Tontitown 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 Tontitown 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
Tontitown 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
Tontitown have executed this Agreement on or as of the date first written above.
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SONDRA SMITH, City Clerk
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, City Clerk
Sher. t kci,\CuAco
CITY OF FAYETTEVILLE, ARKANSAS
DA COO 1 Y, ayor
CITY OF TONTITOWN,
ARKANSAS
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• •
S)Zarville
ARKANSAS
MEMORANDUM
TO: City Council Members
FROM: Jill Hatfield, Animal Services Superintendent
DATE: April 1, 2005
RE: Supplemental Information regarding Inter -Local Sheltering Contracts
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
•
Wei.v.le
•
Munici
'ality
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
S108,675/$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
• •
stats 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 FAYEFIEVILLE, ARKANSAS AND THE
CITY OF TONTITOWN, ARKANSAS TO PROVIDE ANIMAL
SHELTERING SERVICES TO THE CITY OF TONTITOWN 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 Tontitown, Arkansas to provide animal sheltering
services to the City of Tontitown 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 Inte
Agreement with the City of Tontitown, Arkansas.
PASSED and APPROVED this 1901 day of Apr
APPRO : „1
•
•
•
•
INTERLOCAL AGREEMENT BETWEEN THE CITY OF FAYETTEVILLE,
ARKANSAS AND CITY OF TONTITOWN, ARKANSAS Q
THIS AGREEMENT is entered into this \ day of �`ti ✓t-`
20 OCAS, by and between the CITY OF FAYETTEVILLE, and the CITY OF
TONTITOWN, 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 Tontitown; and
WHEREAS, the City of Fayetteville possesses the necessary facilities to
provide animal sheltering services to City of Tontitown.
NOW, THER 11 ORE, 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 Tontitown citizens and designated animal control officers.
Article II
The City of Tontitown 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 Tontitown agrees to pay an annual sheltering services fee of Nine
Hundred dollars ($900) to the City of Fayetteville in the form of twelve (12) monthly
payments of Seventy -Five dollars ($75). 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 Tontitown 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 Tontitown
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 Tontitown 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 hill force and effect
Article X
The City of Tontitown shall hold harmless the City of Fayetteville from any
and all claims or liabilities arising from the performance of this Agreement,
•
•
•
•
• 0
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
Tontitown 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
Tontitown have executed this Agreement on or as of the date first written above.
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ATTEST: 0nwnu
CITY OF FAYETTEVILLE, ARKANSAS
SONDRA SMITH, City Clerk
ATTEST.
ta-nico g\a.1,*--gb
, City Clerk
kav0a.'fb
CITY OF TONTITOWN,
ARKANSAS
S\\e-rtiR\Q14C1
reA oLT:c% QCkt•c\g Magor
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
Tontitown, Arkansas to provide animal sheltering services to the City of Tontitown 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
Dep rtme e?
c
� l� Yfilas
City Attomey
Finance and Intemal Service Director Date
Mayor
Previous Ordinance or Resolution #
Original Contract Date:
Onginal Contract Number:
Comments:
FAYETTEVILLE
DATE: 1/26/2005
CITY OF FAYETTEVILLE
113 WEST MOUNTAIN STREET
FAYETTEVILLE, AR 72701
45
/ Iq (as
444Ee
/.i ✓loea /,4y,
7n-f,tu?n
RECEIPT NO.: 050025308
RECEIPT DESCRIPTION AMOUNT
Misc Recpt Ci of Tontitown -Animal Service City of Tontitown
Thank You!
$ 900.00
RECEIVED FROM
Ci of Tontitown -Animal Service
TOTAL
AMOUNT
$ 900.00
ACCTG
RECEIVED BY:
ORIGINAL
Wyeattryllie
City Clerk Division
113 West Mountain
Fayetteville, AR 72701
Telephone: (479) 575-8323
Fax: (479) 718-7695
city_clerk@cilayetteville.ar.us
DEPARTMENTAL CORRESPONDENCE
To: Marsha Farthing
Accounting Division
From: Clarice Buffalohead-Pearman
City Clerk Division
Date: January 25, 2005
Re: Tontitown, Arkansas
RECEPIrO
JAN 9 5 20^5
ACCTG. DEt'i.
Attached is a check in the amount of $900.00 for Tontitown's annual animal shelter services for
2005. Please mail her a receipt or you can return it to me and I'll see that it gets mailed thanks.
If anything else is needed please let the clerk's office know.
/cbp
attachments
aye evlreNSA
•
City Clerk Division
113 West Mountain
Fayetteville, AR 72701
Telephone: (479) 575-8323
Fax: (479) 718-7695
city_clerk@cilayetteville.ar.us
DEPARTMENTAL CORRESPONDENCE
To: Marsha Farthing
Accounting Division
From: Clarice Buffalohead-Pearman
City Clerk Division
Date: January 25, 2005
Re: Tontitown, Arkansas
Attached is a check in the amount of $900.00 for Tontitown's annual animal shelter services for
2005. Please mail her a receipt or you can return it to me and I'll see that it gets mailed thanks.
If anything else is needed please let the clerk's office know.
/cbp
attachments
Clarice Pearman - Res77-05 Pa
From: Clarice Pearman
To: Hatfield, Jill
Subject: Res77-05
Attached is a copy of the resolution and agreement for animal services with Tontitown passed by City
Council April 19, 2005.
CC: Deaton, Vicki
e1