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.
.....................
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;FAYETTEVILLE;
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ATTEST:
APPROVE
By:
DAN COODY, Mayor
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• •
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
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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.
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ATTEST:
SONIYIZA SMITH, City Clerk
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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:
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ii ; FAYETTEVILLE:
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SONDRA SMITH, City Clerk
ATTEST_
KAREN COMBS PRITCHARD. County Clerk
CITY OF -AYEITEVILLE, ARKANSAS
DAN CSODY, Mayor
WASHINGTON COUNTY, ARKANSAS
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County Judge
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MEMORANDUM
TO: City Council Members
FROM: Jill Hatfield, Animal Services Superintende
DATE: April 1, 2005
RE Supplemental Information regarding Inter -Local Sheltering Contracts
,65
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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 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
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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
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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
•
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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