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Home My WebLink About56-09 RESOLUTIONRESOLUTION NO. 56-09 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 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 Washington County, Arkansas to provide animal sheltering services to Washington County for 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 the Inter -Local Agreement with Washington County, Arkansas. PASSED and APPROVED this 3rd day of March, 2009. APPROVED: By: ATTEST: By: SONDRA E. SMITH, City Clerk/Treasurer Jill Hatfield Submitted By City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 4471200a- 3 -3-07 City Council Meeting Date Agenda Items Only Animal Services Division Action Required: Police Department v R e.5 313/4 56 -PI Wash in Cb Ann' SA eittie 45r -mi Review and approval of Animal Services sheltenng contract with Washington County. The contract is for housing 1,136 dogs and cats in 2009 The contract aggreement is $75 for 5 days of sheltering for each animal. The total for the contract is $85,200 for 2009. Cost of this request 1010 0001 4390 00 Account Number Project Number Budgeted Item X Category / Project Budget Funds Used to Date Remaining Balance Budget Adjustment Attached Program Category / Project Name Program / Project Category Name Animal Shelter Fair Share Fund Name Department Director City Attorney ( •-ec, it a . PAb• Finance and Internal Services Director Date 0(54 Date Date Date r4/ Date Previous Ordinance or Resolution # 11-07# Original Contract Date: Original Contract Number: Received in City Clerk's Office ENATED\ j/ 7 M0-9 Received in Mayors Office 71 Comments: Revised January 15,2009 WaARKANSAS k Departmental Correspondence Fayetteville Animal Services 1640 Armstrong Road Fayetteville, AR 72701 Telephone: (479) 444-3456 Fax: (479) 444-3459 To: Mayor boneld Jordan and Fayetteville City Council Thru: Don Marr, Chief of Staff From: Jill Hatfield, Animal Services Supermtenden Date: January 30, 2009 Re: Review and approval of animal sheltering contract with Washington County Recommendation Staff recommends approval of sheltering contract with Washington County to assist with stray and surrendered animals from county citizens. Background The City of Fayetteville Animal Services has offered inter -local sheltering contracts to surrounding municipalities since 1995. In 2007, seven cities agreed to a three year sheltering contract with the city. Washington County chose to continue with a one year contract with the city. Discussion 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. Budget Impact As of 2005 the inter -local sheltering contract cost is $75 per animal sheltered. The cost to Washington County for 2009 is $85,200 for sheltering 1,136. 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 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 Washington County, Arkansas to provide animal sheltering services to Washington County for 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 the Inter -Local Agreement with Washington County, Arkansas PASSED and APPROVED this 17th day of February, 2009. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E SMITH, City Clerk/Treasurer MARILYN EDWARDS County Judge WASHR January 5, 2009 Ms. Sondra Smith City Clerk City of Fayetteville 113 West Mountain Fayetteville, AR 72701 TGTON COUNTY, ARKANSAS County Courthouse RE. Animal Shelter Agreement Ms. Smith: RECEIVED JAN 0 7i0,01/4(93 BY. at) North College Suite 500 Fayetteville, AR 72701 Attached are two original copies of the Interlocal Sheltering agreement between the City of Fayetteville and Washington County, which I am forwarding to you at the request of Jill Hatfield, Fayetteville Animal Services. Please notice the handwritten addendum to Article XI on the last page. Please make sure that you and the Mayor initial this in addition to signing both copies. Once the agreements are signed, please return one of the original agreements to this office. As you can see, this is a time sensitive issue and I would appreciate your assisting us with a quick response. If you have any questions, please contact George Butler, County Attorney, 444-8415. Sincerely, Marilyn Edwards Washington County Judge Telephone: 479 / 444-1700 • FAX: 479 /444-1889 INTERLOCAL AGREEMENT BETWEEN THE CITY OF FAYE'TTEVILLE, ARKANSAS AND WASHINGTON COUNTY, ARKANSAS ("1 'THIS AGREEMENT is entered into this 5day of,??4 20 0 , by and between the CITY OF FAYETTEVILLE, and the COUNTYOF WASHINGTON, ARKANSAS, concerning the provision of animal sheltering services; 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. Article 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 agrees to pay sheltering services fees in the amount of Eighty-five thousand, two hundred dollars ($85,200) said sum being based on the number of animals delivered to the shelter by Washington County citizens and designated animal control officers during the year 2008. Future charges will be calculated in the same manner at the rate of $75 per animal. Payments shall be made to the City of Fayetteville in the form of twelve (12) monthly payments. Payments shall be due on or before the first day of each month. Article IV This agreement shall begin on January 1, 2009 and end at midnight on December 31, 2009; however either party, upon 30 days written notice may terminate this agreement 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 remairung 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. Artide 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. Article XI This Agreement constitutes the entire understanding of the parties, and no iint, iiir modification or variation of the terms of this Agreement shall be valid unless made in writing and signed by the duly tihotized agents of the parties. -\\k., ose)as... IN WITNESS WHEREOF, the City of Fayetteville at‘e. Washington County have executed this Agreement on or as of the date first written above. _Pc- VL ATT • C c• 11,011"•s• •clAS :FAYETTEVILLE: 3 s '17( ANS‘P‘ • ,,, • ". , (5N CoON% 4111119i ,,,, CITY 0 FAYETTEVILLE, ARKANSAS ifititettA) SONDRA SMITH, City Clerk DAN, Mayor WASHINGTON COUNTY, ARKANSAS MARILY KAREN COMBS PRITCHARD, County Clerk et, epee— EDWARDS, County Judge Clarice Pearman - Res. 56-09 From: To: Date: Subject: CC: Attachments: Clarice Pearman Hatfield, Jill 3.6.09 10:55 AM Res. 56-09 Audit Audit Page 1 of 1 Jill: Attached is a copy of your agenda item passed by City Council regarding the sheltering agreement with Washington County. I will forward to you one of two signed agreements via interoffice mail. Please let me know if there is anything else needed for this item. Have a good day. Clarice filel/C•\Documents%20and%20Settings\epearman.000\Local%20Settings\Temp\XPgrpwise\49B10118FA... 3.6.09