Loading...
HomeMy WebLinkAbout78-05 RESOLUTION• RESOLUTION NO, 78-05 A RESOLUTION APPROVING AN INTER -LOCAL AGREEMENT BETWEEN THE CITY OF FAYETTEVILLE, ARKANSAS AND WASHINGTON COUNTY, ARKANSAS TO PROVIDE ANIMAL SHELTERING SERVICES TO WASHINGTON COUNTY 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 Washington County, Arkansas to provide animal sheltering services to Washington County 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 Washington County, Arkansas. PASSED and APPROVED this 19th day of April 2005. ..................... ?,Z C> Y O;c' SGS .• • ;FAYETTEVILLE; \4' QKANSP°J? ATTEST: APPROVE By: DAN COODY, Mayor r • • INTERLOCAL AGREEMENT BETWEEN THE CITY OF FAYETTEVILLE, ARKANSAS AND WASHINGTON COUNTY, ARKANSAS THIS AGREEMENT is entered into this 31-- day of 20 05 , by and between the CITY OF FAYETTEVILLE, and the COUNTY WASHINGTON, ARKANSAS, concerning the provision of animal sheltering services; 1\A-- 1L\-- S w . N WHEREAS, A.C.A. § 25-20-+ee. 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 Washington County; and WHEREAS, the City of Fayetteville possesses the necessary facilities to provide animal sheltering services to Washington County. 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 designated animal control officers of Washington County. Article II Washington County 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 Washington County agrees to pay an annual sheltering services fee of Sixty one Thousand Five Hundred dollars ($61,500) to the City of Fayetteville in the form of twelve (12) monthly payments of Five Thousand One Hundred Twenty-five dollars ($5,125). 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 Washington County 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 Washington County 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 City of Fayetteville and Washington County. Article VI Neither the City of Fayetteville nor Washington County may assign any of its rights or delegate any of its obligations under this Agreement, without the express written consent of the other. Article VII This Agreement shall be interpreted according to and enforced under the laws of the State of Arkansas. Article VIII 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 IX Washington County 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 Washington County under the Constitution and Statutes of the State of Arkansas. Article X 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 XI 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, a#ter.an he aff' at 4vote-ofa-mtverity-oLeachr-ily's$overning body 'lid. c C C .•••,- Iu- t�'U IN WITNESS WHEREOF, the City of Fayetteville and Washington 1)' C County have executed this Agreement on or as of the date first written above. F;• • fq -Pic/ %'v,\IY•0*•.G'y tU•'v: iv:. ti•/hGTOS Gi ATTEST: SONIYIZA SMITH, City Clerk ES c �ae CITY 0 FAYETTEVILLE, ARKANSAS DAN COODY, Mayor WASHINGTON COUNTY, ARKANSAS KAREN COMBS PRITCHARD, County Clerk ERRIfHUNTON, County Judge 0 • • • ADDENDUM TO INTERLOCAL. AGREEMENT BETWEEN THE CITY OF FAYEITEVILLE, ARKANSAS AND WASHINGTON COUNTY, ARKANSAS In the event the County determines it has insufficient funds to honor the terms of this contract, then such may be terminated upon 30 days written notice. ATTEST: `$G V,•...,• S A: G\SY Oe.G,p's �o F1-1� ii ; FAYETTEVILLE: t --C•, .i, SONDRA SMITH, City Clerk ATTEST_ KAREN COMBS PRITCHARD. County Clerk CITY OF -AYEITEVILLE, ARKANSAS DAN CSODY, Mayor WASHINGTON COUNTY, ARKANSAS r ER(YH 0 4 County Judge ( r 0 • • 1 Wtne MEMORANDUM TO: City Council Members FROM: Jill Hatfield, Animal Services Superintende DATE: April 1, 2005 RE Supplemental Information regarding Inter -Local Sheltering Contracts ,65 qj/9/(5 '7 ke," ,gyp. ld0sAms7de 6 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 fora 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 WtKe 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. 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 5264,460 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 r • • SYetVille 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 WASHINGTON COUNTY, ARKANSAS TO PROVIDE ANIMAL SHELTERING SERVICES TO WASHINGTON COUNTY 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 Washington County, Arkansas to provide animal sheltering services to Washington County 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 Agreement with Washington County, Arkansas. PASSED and APPROVED this 19th day of April 2005 APPR the Inter -Local ODY, May JERRY HUNTON County Judge February 8, 2005 •jg%s RECEIVED /4q`� (A//oral FEB 0 9 2005 ,et„M• jer o�"co un MAYO' OFFICE) North Co eg. Suite sw Fayetteville. AR 72701 WASHINGTON COUNTY, ARKANSAS County Courthouse Mayor Dan Coody City of Fayetteville 113 W. Mountain Fayetteville, AR 72701 RE: Intertocal Agreement between Washington County and the City of Fayetteville Conceming Animal Sheltering Services. Dear Mayor: I am in receipt of the above agreement that you recently signed and retumed to me. However, it does not have the City Clerk's signature attesting your signature. Please obtain her signature and retum the original agreement to me in the enclosed envelope. Karen M. Beeks Quorum Court Coordinator/Recorder County Judge's Office /kb Enols (1) 72kphone: 479 / 4441700 • FAX: 479 / 4441889 • • INTERLOCAL AGREEMENT BETWEEN THE CITY OF FAYEITEVILLE, ARKANSAS AND WASHINGTON COUNTY, ARKANSAS THIS AGREEMENT is entered into this 31 ' day of e1LV/� 20 05 , by and between the CITY OF FAYETTEVILLE, and the COUNTY WASHINGTON, ARKANSAS, concerning the provision of animal sheltering services; \-'ll�-W Y C' WHEREAS, A.C.A. § 5,29-198, 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 Washington County; and WHEREAS, the City of Fayetteville possesses the necessary facilities to provide animal sheltering services to Washington County. 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 designated animal control officers of Washington County. Article II Washington County 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 Washington County agrees to pay an annual sheltering services fee of Sixty one Thousand Five Hundred dollars ($61,500) to the City of Fayetteville in the form of twelve (12) monthly payments of Five Thousand One Hundred Twenty-five dollars ($5,125). 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 Washington County 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 Washington County 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 City of Fayetteville and Washington County. Article VI Neither the City of Fayetteville nor Washington County may assign any of its rights or delegate any of its obligations under this Agreement, without the express written consent of the other. Article VU This Agreement shall be interpreted according to and enforced under the laws of the State of Arkansas. Article VIII 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 IX Washington County 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 Washington County under the Constitution and Statutes of the State of Arkansas. Article X 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 XI 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 �Jct9 to�;c� �g�n•,.rd — .U-- to -`did IN WITNESS WHEREOF, the City of Fayetteville and Washington 1)' G" County have executed this Agreement on or as of the date first written above. CITY 0 FAYEITEVILLE, ARKANSAS ATTEST: SONI3AA SMITH, City Clerk DAN COODY, Mayor WASHINGTON COUNTY, ARKANSAS KAREN COMBS PRITCHARD, County Clerk RR HUNTON, County Judge 0 ADDENDUM TO INTERLOCAL AGREEMEN I' BETWEEN THE CITY OF FAYETTEVILLE, ARKANSAS AND WASHINGTON COUNTY, ARKANSAS In the event the County determines it has insufficient funds to honor the terms of this contract, then such may be terminated upon 30 days written notice. ATTEST: SORA SMITH, City Clerk ffffffff 44.42:1 5)• •U • "44 c :FAYETTEVILLE; 'i tNGTON G•'�• ''.',namxiva•• ATTEST - KAREN COMBS PRTTCHARD, County Clerk CITY OF AYETTEVILLE, ARKANSAS DAN C DY, Mayor WASHINGTON COUNTY, ARKANSAS r ON, County Judge u 10 Jill Hatfield Submitted By • City of Fayetteville 41Staff 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 Washington County, Arkansas to provide animal sheltering services to Washington County 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 /(OAT Dep rtment Dir for to City Attorney Finance and Internal Service Director Mayor Comments: 4-4-e5 Date Date Previous Ordinance or Resolution # Original Contract Date: Original Contract Number: Received in Mayor's Office • JERRY IIt1NTON County Judec RE!EIVED FEB 0 9 2005 CITY OF FAVETTEYILLS r MAYOR'S OFFICe North College. Sun! 5011 Favcuev We. AR 72701 MASH 11 fx.GTol"COUNTY, ARK A:1sA`) County Courthouse February 8, 2005 Mayor Dan Coody City of Fayetteville 113 W. Mountain Fayetteville, AR 72701 RE: Interlocal Agreement between Washington County and the City of Fayetteville Concerning Animal Sheltering Services. Dear Mayor: I am in receipt of the above agreement that you recently signed and returned to me. However, it does not have the City Clerk's signature attesting your signature. Please obtain her signature and return the original agreement to me in the enclosed envelope Karen M. Beeks Quorum Court Coordinator/Recorder County Judge's Office /kb Encls (1) Telephone : 479 / 444-17(X) • FAX 479 / 44 4-1889 i Clarice Pearman - Interlocal Agreements . Page 1 From: Clarice Pearman To: Hatfield, Jill Subject: Interlocal Agreements Attached are agreements for animal services from Washington County and Goshen. Please let Sondra Smith, city clerk, know why these agreements are not going through contract review and/or council? Some are and some aren't. Clarice Pearman - Res78-05 Page 1_` From: Clarice Pearman To: Hatfield, Jill Subject: Res78-05 Attached is a copy of the resolution and agreement for animal services with Washington County passed by City Council April 19, 2005. CC: Deaton, Vicki