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Home My WebLink About11-06 RESOLUTIONRESOLUTION NO. 11-06 A RESOLUTION APPROVING AN INTER -LOCAL AGREEMENT BETWEEN THE CITY OF FAYEI I EVILLE, ARKANSAS AND THE CITY OF FARMINGTON, ARKANSAS TO PROVIDE ANIMAL SHELTERING SERVICES TO THE CITY OF FARMINGTON 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 Farmington, Arkansas to provide animal sheltering services to the City of Farmington 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 Farmington, Arkansas. PASSED and APPROVED this 17th day of January, 2006. ATTEST: By: c m) o.Jt-d/ 'jM4.4.7 SONDRA SMITH, City Clerk APPROVED: By AN COODY, Mayor INTERLOCAL AGREEMENT BETWEEN THE CITY OF FAYETTEVILLE, ARKANSAS AND CITY OF FARMINGTON, ARKANSAS THIS AGREEMENT is entered into this JAIL day of 20 640 , by and between the CITY OF FAYETTEVILLE, and the CITY F FARMINGTON, 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 Farmington; and WHEREAS, the City of Fayetteville possesses the necessary facilities to provide animal sheltering services to City of Farmington. 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 Farmington citizens and designated animal control officers with the term of this agreement to commence January 1, 2006 and remain in effect until December 31, 2006. Article II The City of Farmington 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 with its policy by providing a written 30 day notice of cancellation to the Mayor of the City of Farmington. If within the 30 day period, the City of Farmington fails to be in compliance with the operating policy, this agreement is terminated, the City of Fayetteville is no longer obligated under the terms of this agreement, and the City of Famington is not obligated for the remaining monies owed under this agreement. Y• Article III The City of Farmington agrees to pay an annual sheltering services fee of Fifteen Thousand seven hundred and fifty dollars ($15,750) to the City of Fayetteville in the form of twelve (12) monthly payments of One Thousand Three Hundred twelve dollars and fifty cents ($1,312.50). 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 Farmington citizens and designated animal control officers during the fiscal year of 2005. Article IV For recordation purposes, the City of Farmington's account will be charged or debited at the rate of $75 as an impound fee for each animal delivered to the animal shelter by Farmington officials during the term of this agreement. In the event an animal is reclaimed by its owner within 24 hours of being delivered to the animal shelter by Farmington officials, the City of Fayetteville will credit the Farmington account for the $75 impound fee. An additional sum of $5 per day will be charged to the owners of animals that are impounded for over 5 days at the animal shelter. The City of Farmington is responsible for collecting impound fees from Farmington citizens. The City of Fayetteville is responsible for the collecting the per diem fee of $5 for each day an animal is impounded beyond the 5 -day period. The parties acknowledge that the City of Farmington is not responsible and its account will not be charged or debited for impound fees for animals delivered to the animal shelter by citizens who do not present a receipt for the payment of impound fees to the City of Farmington. Further, Farmington citizens may not reclaim an animal from the animal shelter without first presenting a receipt for the impound fee and any other fees that may be incurred and charged by the City of Farmington. Farmington officials will be provided a key and access to the temporary holding kennels and cages at the animal shelter 24 hours a day, seven days a week. Farmington citizens wishing to surrender an animal to the shelter will be provided, upon request, an appointment to deliver the animal with proof of payment of the impound fee. When an animal is brought to the animal shelter that does not have a collar bearing the owner's name and address, a metal tag evidencing payment of Farmington's annual license fee, proof of payment such as a receipt, or a metal rabies tag issued by a licensed veterinarian, the animal will be held for a period of five(5) days. At the expiration of five days, the animal becomes the property of Fayetteville. At the expiration of five days, will be temperament tested for aggression and made available for adoption. If the animal fails the temperament test, it will be euthanized. When an animal is brought to the animal shelter with a collar bearing the owner's name and address, a metal tag or other proof that Farmington's annual license fee has been paid, or a metal rabies tag issued by a licensed veterinarian, the animal will be held for a period of ten (10) days. At the expiration of ten (10) days the animal becomes the property of the City of Fayetteville. At the expiration of ten (10) days the animal will be tested for temperament tested for aggression and made available for adoption. If the animal fails the temperament test, it will be euthanized. Citizens that reclaim their animal must present proof of payment of the impound fee and any additional costs imposed by the City of Farmington. Citizens that reclaim their animal after five (5) days must present proof of payment of the impound fee and any additional costs imposed by the City of Farmington and in addition, are required to pay the animal shelter the sum of five ($5) per day for each additional day the animal is housed at the animal shelter. In addition to the annual sheltering services fee, the City of Farmington will be charged and invoiced separately for stray bite quarantine and shipping expenses for rabies testing. Quarantine boarding fees is $10 per day for 10 days or a shipping charge of $50 for each animal. Article V The City of Fayetteville agrees to provide medical treatment for minor injuries to animals, but will not be responsible for serious injuries to animals delivered to the animal shelter. The City of Fayetteville will provide assistance in drafting animal control ordinances, educational programming, professional consultation regarding animal control matters, and assistance in all other areas necessary and proper to effectuate the highest level of cooperation between the cities of Farmington and Fayetteville. Article VI Both parties acknowledge a contract for animal sheltering services between the City of Fayetteville and Washington County, Arkansas. The agreement does not provide for services within the corporate boundaries of any incorporated city in Washington County. The parties further agree that this agreement will terminate in the event the City of Farmington enters into an animal sheltering services agreement with Washington County, Arkansas. In any event, the City of Farmington and the City of Fayetteville shall have the right to terminate this agreement upon providing a 30 day written notice. Article VII Neither party may assign its rights or 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 Farmington shall indemnify and hold harmless the City of Fayetteville from any and all claims or liabilities arising from the performance of this Agreement, provided however, nothing in this agreement shall be construed to alter, limit or otherwise compromise that immunity afforded the City of Fayetteville and the City of Farmington 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 for one or more breaches or defaults 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 executed 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 Farmington have executed this Agreement as of the date written above. •a��TR �rr,,�� E�....E9s r CITY OF FAYETTEVILLE, ARKANSAS . • • • P. c .FAYETTEVILLE; ';9 RKANSQ�'J=: ATTEST: ,,sy •' •' O �•,o �fyG�T014 * iii SONDRA SMITH, City Clerk DAN COODY, Mayor CITY OF FARMINGTON,ARKANSAS /g/a//os JOHN HARRIS, Mayor Jill Hatfield Submitted By City of Fayetteville Staff Review Form 1/17/2006 City Council Meeting Date Animal Services Division Action Required: 'Approval of Interlocal Agreement with the City of Farmington to provide animal sheltering services to the City of Farmington for 2006. Police Department N/A Cost of this request 1010 0001 4390 00 $ Account Number Project Number Category / Project Budget Program Category / Project Name Funds Used to Date Program / Project Category Name Remaining Balance Fund Name Budgeted Item Budget Adjustment Attached Aia I„ Depa Y `nt Dir- ''or City Attorney Finance and nternal Service Director Mayor Comments- .2z 11-/ a'/at' at da(a6 411 Date Previous Ordinance or Resolution # 74-05 Original Contract Date: Original Contract Number: Received in City Clerk's Office Received in Mayor's Office RESOLUTION NO. A RESOLUTION APPROVING AN INTER -LOCAL AGREEMENT BETWEEN THE CITY OF FAYETTEVILLE, ARKANSAS AND THE CITY OF FARMINGTON, ARKANSAS TO PROVIDE ANIMAL SHELTERING SERVICES TO THE CITY OF FARMINGTON 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 Farmington, Arkansas to provide animal sheltering services to the City of Farmington 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 Farmington, Arkansas. • lei PASSED and APPROVED this 17th day of Januar ,,20 ANCOODY, Mayor By Clarice Pearman - An'imal'Sheltering Agreements Page l From: Clarice Pearman 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