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HomeMy WebLinkAbout12-06 RESOLUTIONRESOLUTION NO. 12-06 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 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 Washington County, Arkansas to provide animal sheltering services to Washington County 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 Washington County, Arkansas. PASSED and APPROVED this 17th day of January, 2006. ATTEST: By SONDRA SMITH, City Clerk APPROVED: By: DAN COODY, Mayor 111 r E ti INTERLOCAL AGREEMENT BETWEEN THE CITY OF FAYETTEVILLE, ARKANSAS AND WASHINGTON COUNTY, ARKANSAS THIS AGREEMENT is entered into this VI tlik J day of OJAU ly , 20 O(p , by and between the CITY OF FAYETTEVILLE, and the COUNTY OF WASHINGTON, ARKANSAS, concerning the provision of animal sheltering services; WHEREAS, A.C.A. § 14-14-91.0, 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. Artide 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 agix.Ls to pay an annual sheltering services fee of Fifty six thousand four hundred and seventy-five dollars ($56,475) to the City of Fayetteville in the form of twelve (12) monthly payments of Four thousand seven hundred six dollars and twenty five cents ($4,706.25). 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, 2006. 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. Artide 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 affirmative vote of a majority of each city's governing body. IN WITNESS WHEREOF, the City of Fayetteville and Washington County have executed this Agreement on or as of the date first written above. Ulf r. Cam G�tY .o SGc cS =e F.; :FAYETTEVILLE: 9R 5c,' • tPD.KAN cOJ?: ATTEST: ';�NGroN CITY OF FAYETTEVILLE, ARKANSAS SOND ATTEST: SMITH, City Qerk WASHINGTON COUNTY, ARKANSAS 7kRY HUNTON, County Judge 1 KAREN COMBS PRITCHARD, County Clerk \Th Jill Hatfield Submitted By City of Fayetteville /// 7 rl Staff Review Form /7-a 1/17/2006 City Council Meeting Date Animal Services Division Action Required: n4 y /p -rams) Ives Perm+ Police Department Approval of Interlocal Agreement with Washington county to provide animal sheltering services to Washington county for 2006. N/A Cost of this request 1010 0001 4390 00 Account Number Project Number Budgeted Item $ Category / Project Budget Program Category / Project Name Funds Used to Date Program / Project Category Name Remaining Balance Budget Adjustment Attached City Attomey Finance an Internal Service Director Mayor Comments: /2/zl4S Date Da e Date Fund Name Previous Ordinance or Resolution # Original Contract Date: Original Contract Number. 78-05 Received in City Clerk's Office 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 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 Washington County, Arkansas to provide animal sheltering services to Washington County 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 Washington County, Arkansas. PASSED and APPROVED this 17th day of January, 2006 ORDINANCE NO. 2005-75 BE IT ORDAINED BY THE QUORUM COURT OF THE COUNTY OF WASHINGTON, STATE OF ARKANSAS, AN ORDINANCE TO BE ENTITLED: .04-$:Corg C) Gr coin AN ORDINANCE APPROVING AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF FAYETTEVILLE AND WASHINGTON COUNTY FOR THE PROVISION OF ANIMAL SHELTERING SERVICES IN 2006. WHEREAS, the City of Fayetteville and Washington County have entered into interlocal agreements in the past concerning the provision of animal sheltering services; and, WHEREAS, the City of Fayetteville and Washington County are granted the authorityto enter into such Agreement pursuant to Ark. Code Ann. §14-14-910. NOW, THEREFORE, BE IT ORDAINED BY THE QUORUM COURT OF THE COUNTY OF WASHINGTON, STATE OF ARKANSAS: ARTICLE 1. That said Interlocal Agreement, a copy of which is attached hereto and incorporated herein by reference as Exhibit "A" as if set out fully word for word , is hereby adopted. NTON, County Judge DATE KAREN COMBS PRITCHARD, County Clerk Sponsor: H. L. Goodwin. Jr. Date of Passage: December 8. 2005 Votes For: 13 Votes Against: 0 Abstention: 0 Absent: 0 Clarice IPearman -Animal Sheltering,Agreements 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