HomeMy WebLinkAbout08-07 RESOLUTIONRESOLUTION NO. 08-07
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
2007
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 2007. 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 6th day of February, 2007.
APPROVED:
By:
ATTEST:
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SONDRA SMITH, City Clerk/Treasurer
INTERLOCAL AGREEMENT BETWEEN THE CITY OF FAYETTEVILLE,
ARKANSAS AND CITY OF FARMINGTON, ARKANSAS
THIS AGREEMENT is entered into this (,4-k day of r_tbr
20 01 , 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, 2007 and remain in effect until
December 31, 2009.
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.
Article III
That commencing January 1, 2007, the City of Farmington agrees to pay an
annual sheltering fee based on Seventy -Five Dollars ($75) per animal for the
number of animals delivered to the City of Fayetteville the preceding fiscal year
of 2006, subject to the provisions of Article IV below The annual sheltering fee
for the year 2007 is Thirteen Thousand Nine Hundred Fifty Dollars ($13,950)
(based on 186 animals delivered in 2006), which shall be paid in twelve (12) equal
installments on or before the first day of each month.
The annual sheltering fee for the year 2008 shall be based on Seventy -Five
Dollars ($75) per animal for the number of animals delivered to the City of
Fayetteville the preceding fiscal year of 2007, subject to the provisions of Article
IV below and payable in twelve (12) equal installments on or before the first day
of each month -
The same provisions shall apply for the annual sheltering fee for the year 2009
for a total of three (3) years, with the annual sheltering fee payable in twelve (12)
equal installments on or before the first day of each month.
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 are $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 Agre ment 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.
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FAYETTEVILLE:
SONDRA SMITH, City Clerk
SWI T, City Clerk
CITY OF FAYETTEVILLE, ARKANSAS
CITY OF FARMINGTON,
N HARRIS, Mayor
ARKANSAS
Jill Hatfield
Submitted By
City of Fayetteville
Staff Review Form
City Council Agenda Items
OT
Contracts
2/6/2007
City Council Meeting Date
Animal Services
Division
Action Required:
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A resolution approving an Inter -Local sheltering agreement between Fayetteville, Arkansas and Farmington,
Arkansas for a three year period beginning January 1, 2007 and ending December 31, 2009. The sheltering
agreement is for 186 animals, total sheltering fees for 2007 of $13,950.
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
•
General
Remaining Balance Fund Name
Budget Adjustment Attached
Department
City Attorney
4
Previous Ordinance or Resolution # 11- 06
Date Original Contract Date:
Finance and Internal Service Director
Mayor
Comments:
Dz3te
I— 5-07
Date
Date
Original Contract Number:
•
•
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
2007.
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 2007. 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, Ark.nsas
hereby authorizes the Mayor and City Clerk to execute 941 InttfLocal
Agreement with the City of Farmington, Arkansas.
PASSED and APPROVED this 6th daYesf February
APPROVED:
By:
SON15.RA SMITH, City Clerk/Treasurer
RESOLUTION NO.,)00 (o - OCo
A RESOLUTION APPROVING AN INTER -LOCAL AGREEMENT BETWEEN
THE CITY OF FAYETTEVILLE, ARKANSAS AND THE CITY OF
FARMINGTON, ARKANSAS TO PROVIDE ANIMAL SHELTERING
SERVICES FOR THE CITY OF FARMINGTON FOR THREE (3) YEARS
COMMENCING JANUARY 1, 2007
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FARMINGTON, ARKANSAS:
Section 1: That' the City Council of the City of
Farmington,' Arkansas hereby _ approves an Inter -Local
Agreement between the City of Fayetteville, Arkansas and
the City of Farmington, Arkansas to provide animal
sheltering services for the City of Farmington for a period
of three' (3) years commencing January 1, 2007. 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
Farmington, Arkansas hereby authorizes the Mayor and City
Clerk to execute the Inter -Local Agreement with the City of
Fayetteville, Arkansas.
PASSED AND APPROVED this 1/ day of December, 2006.
Swift, City C erk
APPROVED:
By:
hn Harris, Mayor
2.14.07) Clarice Pearman - Resolutions 07-07 - 12-07
a
From:
To:
Date:
Subject:
Attachments:
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
CC: Audit
Jill:
Attached are copies of various interlocal agreements for sheltering service as follows:
City of Elm Springs
City of Farmington
City of Goshen
City of Greenland
Washington County
City of Winslow.
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@ci.fayetteville.ar.us
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