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Home My WebLink About157-10 RESOLUTIONRESOLUTION NO. 157-10 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, ARKANSAS FOR CALENDAR YEAR 2010 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, Arkansas for calendar year 2010. 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 7th day of September, 2010. APPROVED: ATTEST: By:ee2Gt� �r� S NDRA E. SMITH, City Clerk/Treasurer e,oa11+rnrrav,, .,G�_R�TR sf, �``�.°°G�1Y 0,<°'•5:&, °• r eFAYEU 1 LLEa ° %mss`°�'kANSP � _j 11 1 y/ ° s . ° ® � oma °`iiiiaatio" INTERLOCAL AGREEMENT BETWEEN THE CITY OF FAYETTEVILLE, ARKANSAS AND WASHINGTON COUNTY, ARKANSAS THIS AGREEMENT is entered into this 74 day of 7a,y, 2010, by and between the CITY OF FAYETTEVILLE, and the COUNTY OF 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 and any Washington County citizen that lives outside any incorporated city limits and who is not otherwise covered by a sheltering agreement. The term "sheltering services" shall include, but is not limited to, food, water, shelter, veterinarian care (basic care provided to be provided during normal working hours), euthanasia, impoundment, and quarantine (up to five days). This shall also include after hours access for the county animal control officers. 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 sheltering services fees due for 2010 in the amount of $103,650 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 2009. Future charges will be calculated in the same manner at the rate of $75 per animal. Washington County agrees to pay $103,650, payments shall be made to the City of Fayetteville in the form of twelve (12) monthly payments $10,887.50. Payments shall be due on or before the first day of each month. Monthly Report for current year sheltering service activities will consist of a summary activity report and citizen intake forms. Monthly report packet will be mailed to the County Judge's Office, Attention: Quorum Court Secretary. If an animal is impounded or quarantined the cost of such shall be born by the owner; however, if the owner fails or refuses to retrieve any such animal, then after five (5) days it shall be forfeited to the shelter. Article IV This agreement shall begin on January 1, 2010 and end at midnight on December 31, 2010; 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 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. Article 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. IN WITNESS WHEREOF, the City of Fayetteville and Washington County have executed this Agreement on or as of the date first written above. ATTEST: CITY OF FAYETTEVILLE, ARKANSAS /mom SO RA SMITH, City Clerk 0111111111110 01\1TRE-A',,,. v• G • • •. • FAYETTEVILLE: • 51 O1 KA1\1 .(; ��a� ATTEST: WASHINGTON COUNTY, ARKANSAS MAR -YN1 DWARDS, County Judge KAREN COMBS PRITCHARD, County Clerk Justine Middleton Submitted By City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements September 7,2010 City Council Meeting Date Agenda Items Only Community Services Division Action Required: Development Services Department Approval of the 2010 Interlocal Sheltering Contract with Washington County. Cost of this request Account Number Project Number Budgeted Item $ Category / Project Budget Program Category / Project Name Funds Used to Date Program / Project Category Name Remaining Balance Fund Name Budget Adjustment Attached 141hctor do. dao Departm D Date afrel7.6( Ci1g/Attorney Finance and Internal Services Director (o Date Date Date to Previous Ordinance or Resolution # Original Contract Date: Original Contract Number: Received in City 08-04-10P03:33 RCVD Clerk's Office n �r Comments: Revised January 15, 2009 ave evi le THE CITY OF FAYETTEVILLE, ARKANSAS OEPARTMENTCORRESPONDENCE ARKANSAS www access f ayetteville.org CITY COUNCIL AGENDA MEMO To: City Council Thru: Yolanda Field, Dir. Community Se .; Jeremy Pate, Dir. Development Servicese From: Justine Middleton, Animal Services Sup =rintendent Date: August 3, 2010 Subject: Approval of 2010 Interlocal Sheltering Agreement with Washington County PROPOSAL: The previous Interlocal Sheltering Agreement expired December 31, 2009. New contracts were sent out to be reviewed and signed in January. The Interlocal Agreement with the County is only for a term of one year, running from January 1, 2010 to December 31, 2010. RECOMMENDATION: Staff recommends approval of the Interlocal Sheltering Agreement for the 2010 calendar year. BUDGET IMPACT: Revenue of $103,650 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, ARKANSAS FOR CALENDAR YEAR 2010 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, Arkansas for calendar year 2010. 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 7th day of September, 2010. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer