The URL can be used to link to this page

Home My WebLink About10-06 RESOLUTIONRESOLUTION NO. 10-06 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 2006. 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 2006. 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 17th day of January, 2006. .� GAF^ SlG�. _, e `�,\i Y O,c •. 0 (n% :V" o,0S = :FAYETTEVILLE• ATTEST: :9s.9,QKAs?..7e J, By: 01/tA41-9 C&MJ SONDRA SMITH, City Clerk APPROVED: By: DAN COODY, Mayo INTERLOCAL AGREEMENT BETWEEN THE CITY OF FAYETTEVILLE, ARKANSAS AND CITY OF WEST FORK, ARKANSAS THIS AGREEMENT is entered into this I 1 01 day of JantAa{y , 20 O(0 , 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 II 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 Four Thousand Fifty dollars ($4,050) to the City of Fayetteville in the form of twelve (12) monthly payments of Three Hundred Thirty-seven dollars and Fifty cents ($337.50). 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, 2006. 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. F Article IPC 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. Artide 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 lof 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. ,,,,,RWTR ',. (j •�5 •°P: : FAYETTEVILLE: ii ••Z3 Si.leilATTE T 'PA/ ,J •,,�yGT�N ��‘ .� ii • SONDRA SMITH, City Qerk ATTEST: a..Ca..u.-d,1 . CITY OF FAYETTEVILLE, ARKANSAS DA COODY, Mayor _ CITY OF WEST FORK, AR PAULA CAUDLE, City Qerk 71,,1467, VIRBLACKMAN, Mayor Jill Hatfield Submitted By City of Fayetteville Staff Review Form 1/17/2006 City Council Meeting Date Animal Services Division Action Required: fits 1/47/°e o-oG 10,51,'rK/ An,/ S rJaS 0 rtemi d„,t Police Department Approval of Interlocal Agreement with the City of West Fork to provide animal sheltering services to the City of West Fork for 2006. N/A Cost of this request 1010 0001 4390 00 $ Account Number Project Number iBudgeted Item Category / Project Budget Program Category / Project Name Funds Used to Date Program / Project Category Name Remaining Balance Fund Name Budget Adjustment Attached teit Deent' o'ector DD utc,. City Attorney inanee an Internal Service Director Mayor nfrovas Date Date Previous Ordinance or Resolution # 76-05 Original Contract Date: Original Contract Number: Received in City Clerk's Office , soy: tat Comments • A,a t 1' T .A ARKANSAS INTEROFFICE CORRESPONDENCE TO: City Council Members THRU: Frank Johnson, Chief of Police FROM Jill Hatfield, Animal Services Superintendent DATE: January 6, 2006 RE: Supplemental Information regarding Inter -Local Sheltering Contracts for 2006 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 penod from January through December. Seven cities and Washington County continue to contract with the City of Fayetteville for animal sheltenng. 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. As of 2005 the inter -local sheltering contract cost is $75 per animal sheltered. Municipality Number of Animals Fee per year/month Elm Springs 10 $750 / $62.50 Farmington 210 $15,750/$1,312.50 Goshen 7 $525 / $43.75 Greenland 29 $2,175 / $181.25 Tontitown 13 $975 / $8L25 Washington County 753 $56,475 / $4,706.25 West Fork 54 $4,050 / $337.50 Winslow 15 $1,125 / $93.75 Total: 8 1,091 $81,825 / $6,818.75 RESOLUTION NO. A RESOLUTION APPROVING AN INTER -LOCAL AGREEMENT BETWEEN THE CITY OF FAYE I I'EVILLE, ARKANSAS AND THE CITY OF WEST .FORK, ARKANSAS TO PROVIDE ANIMAL SHELTERING SERVICES TO THE CITY OF WEST FORK FOR 2006. 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 2006. 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 17th day of January, 2006. MITW.C4ity Clerk Clarice Pearman - Re: Animal Shelter Agreements Page 1 From: Jill Hatfield To: Clarice Pearman Date: 12/19/05 3:50PM Subject: Re: Animal Shelter Agreements Yes you are right I do need to do the staff review. I will complete one for the West Fork contract and send it to you with the two I have right now. Thanks! Jill Jill Hatfield Animal Services Superintendent Fayetteville Animal Services 479/444-3456 Fax: 479/444-3459 1640 Armstrong Ave Fayetteville, AR 72701 Visit us at www.accessfayetteville.org »> Clarice Pearman 12/19/05 03:36PM »> I have one from West Fork. These should probably go through contract review and need staff review form to attach before getting the signature of the mayor. You probably should check with the city attorney to be sure. I'll put these in my holding file until a decision is made. Thanks. Clarice »> Jill Hatfield 12/19/05 12:10PM »> Have you received any yet? I just need a copy of it emailed to me and to Peggy Bell in the accouting dept. Just a pdf would work. I have two here that I need to get to you from Greenland and Washington Co. I will pdf those two to Peggy and keep a copy myself. Thanks for your help! Jill Jill Hatfield Animal Services Superintendent Fayetteville Animal Services 479/444-3456 Fax: 479/444-3459 1640 Armstrong Ave Fayetteville, AR 72701 Visit us at www.accessfavetteville.orq »> Clarice Pearman 12/19/05 11:25AM »> Jill, Its that time of the year that we start receiving contract for animal shelter agreements for signature from the surrounding cities. Please let me know how you wish to proceed with these items. You may call me at x309. Thanks. Clarice Glarice.Pearman - Animal Sheltering Agreements Page 1 From: Clarice Pearrnan To: Hatfield, Jill Date: 1/23/06 3:41 PM Subject: Animal Sheltering Agreements Jill, Attached are the agreements for West Fork, Farmington, Washington Co. and Greenland. CC: Bell, Peggy; Deaton, Vicki