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Home My WebLink About07-07 RESOLUTIONRESOLUTION NO. 07-07 A RESOLUTION APPROVING AN INTER -LOCAL AGREEMENT BETWEEN THE CITY OF FAYETTEVILLE, ARKANSAS AND THE CITY OF ELM SPRINGS, ARKANSAS TO PROVIDE ANIMAL SHELTERING SERVICES ' TO THE CITY OF ELM SPRINGS FOR 2007-2009. 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 Elm Springs, Arkansas to provide animal sheltering services to the City of Elm Springs for 2007-2009. 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 the City of Elm Springs, Arkansas. PASSED and APPROVED this 6th day of February, 2007. APPROVED: ATTEST: ByBy: AN COODY, Mayor the Inter -Local ,,,,,,,,,,,� S� �.. 01 Y O • c.G1% ra 1 •''Pi _Ua E :FAYETTEVILLE: = z° '- id'`;,;vG,T0oil,N1Gp SONDRA SMITH, City Clerk/Treasurer INTERLOCAL AGREEMENT BETWEEN THE CITY OF FAYETTEVILLE, ARKANSAS AND CITY OF ELM SPRINGS, ARKANSAS / THIS AGREEMENT is entered into this day of', 20. , by and between the CITY OF FAYETTEVILLE, and the CITY OF ELM SPRINGS, 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 Elm Springs, and WHEREAS, the City of Fayetteville possesses the necessary facilities to provide animal sheltering services to City of Elm Springs. 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 Elm Springs citizens and designated animal control officers. Article II The. City of Elm Springs 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 Elm Springs agrees to pay sheltering services fees of Seventy Five dollars ($75) per animal to the City of Fayetteville in the form of twelve (12) monthly payments. 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 Elm Springs citizens and designated animal control officers during the previous year. Article IV This agreement shall remain in effect until midnight December 31, 2009. Article V The City of Fayetteville agrees to provide assistance to the City of Elm Springs 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 Elm Springs 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. 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 Elm Springs 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 Elm Springs 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 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 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 the City of Elm Springs have executed this Agreement on or as of the date first written above. • ��......YJTRcis.,. ��• G�SY•Oc•Gp • •9a :FAYETTEVILLE: 2 ATTEST: P\5)KANSPJ`.'� • 111%/4161-(5 . SONDRA SMITH, City Clerk ATTEST: l t: - f�( aCOcpeoso, AIL , City Clerk CITY OF FAYETTEVILLE, ARKANSAS DAN COOD Mayor CITY OF ELM SPRINGS, ARKANSAS Jill Hatfield Submitted By City of Fayetteville Staff Review Form City Council Agenda Items or Contracts 2/6/2007 City Council Meeting Date Animal Services Division Action Required: Police Department A resolution approving an Inter -local sheltering agreement between Fayetteville, Arkansas and Elm Springs, Arkansas for a three year period beginning January 1, 2007 to December 31, 2009. The sheltering agreement is for 22 animals, total sheltering fees for 2007 of $1,650. Cost of this request 1010 0001 4390 00 Account Number Project Number Budgeted Item X Category / Project Budget Intergovernmental Program Category / Project Name Funds Used to Date Program / Project Category Name Remaining Balance Budget Adjustment Attached General Fund Name Finance and Intemal Service Director Mayor t --1.2.--07 Date /-2.c 7 Date Previous Ordinance or Resolution # 15-06 Original Contract Date: Original Contract Number: •�� Received in City I r s Office ILNED 11 Comments: RESOLUTION NO. A RESOLUTION APPROVING AN INTER -LOCAL AGREEMENT BETWEEN THE CITY OF FAYETTEVILLE, ARKANSAS AND THE CITY OF ELM SPRINGS, ARKANSAS TO PROVIDE ANIMAL SHELTERING SERVICES TO THE CITY OF ELM SPRINGS FOR 2007-2009. 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 Elm Springs, Arkansas to provide animal sheltering services to the City of Elm Springs for 2007-2009. 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 Fayetfe il•, Ar nsas hereby authorizes the Mayor and City Clerk to �k e u2e Inter 1 ocal Agreement with the City of Elm Springs, Arkansas. PASSED and APPROVED this 6th day; f February APPROVED: By: y SOI�lD.R3 SMITH, City Clerk/Treasurer INTERLOCAL AGREEMENT BETWEEN THE CITY OF FAYETTEVILLE, ARKANSAS AND CITY OF ELM SPRING(S, ARKANSAS THIS AGREEMENT is entered into this 1 day of;'Ce 20 Liu' , by and between the CITY OF FAYETTEVILLE, and the CITY OF ELM SPRINGS, 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 Elm Springs; and WHEREAS, the City of Fayetteville possesses the necessary facilities to provide animal sheltering services to City of Elm Springs. 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 Elm Springs citizens and designated animal control officers. Article II The. City of Elm Springs 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 Elm Springs agrees to pay sheltering services fees of Seventy Five dollars ($75) per animal to the City of Fayetteville in the form of twelve (12) monthly payments. 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 Elm Springs citizens and designated animal control officers during the previous year Article IV This agreement shall remain in effect until midnight December 31, 2009. Article V The City of Fayetteville agrees to provide assistance to the City of Elm Springs 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 Elm Springs 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 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 Elm Springs 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 Elm Springs 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 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 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 the City of Elm Springs have executed this Agreement on or as of the date first written above. ATTEST: SONDRA SMITH, City Clerk ATTEST: &told." lel , City Clerk CITY OF FAYETTEVILLE, ARKANSAS DAN COODY, Mayor cm OF ELM SPRINGS, ARKANSAS , Mayor • (2.14.07 Clarice Pearman - Resolutions 07-07 - 12-07 Page 1 From: To: Date: Subject: Attachments: CC: Jill: Attached are copies City of Elm Springs City of Farmington City of Goshen City of Greenland Washington County City of Winslow. Clarice Pearman Hatfield, Jill 2.14.07 3:08 PM Resolutions 07-07 - 12-07 12-07 Winslow Shelter Agreement.pdf; 08-07 Farmington Shelter Agreement.pdf ; 09-07 Goshen Shelter Agreement.pdf; 10-07 Greenland Shelter Agreement.pdf ; 11-07 Wash Co Shelter Agreement.pdf; 07-07 Elm Springs Shelter Agreement. pdf Audit of various interlocal agreements for sheltering service as follows: I returning to you via interoffice mail the copies for Farmington, Goshen, Greenland and Winslow. The others did not have extra agreements attached. Let me know if there is anything else needed for these items. Have a good day. Thanks. Clarice Clarice Buffalohead-Pearman, CMC City Clerk/Treasurer Division 113 West Mountain Fayetteville, AR 72701 479-575-8309 cpearman@cilayetteville.ar.us • •