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HomeMy WebLinkAbout63-10 RESOLUTIONRESOLUTION NO. 63-10 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 THROUGH THE END OF 2011 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 through the end of 2011. 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 20th day of April, 2010. APPROVED: BY ELD JO ' , Mayor ATTEST: By: RESOLUTION NO. 2010-05 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 (2) YEARS COMMENCING JANUARY 1, 2010 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, 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 Farmington, Arkansas hereby authorizes the Mayor and City Clerk to execute the Inter -Local Agreement with the City of Fayetteville, Arkansas. 'PASSED '*PPROVED this 15th day of February, 2010. •APPROVED: ATTEST: Kelly Th16nas, City Clerk By : r-frAfk, Ernie Penn, Mayor INTERLOCAL AGREEMENT BETWEEN THE CITY OF FAYETTEVILLE, ARKANSAS AND CITY OF FARMINGTON, ARKANSAS THIS AGREEMENT is entered into this 16 -441 -day of Pe b rua pct 20 10 , by and between the CITY OF FAYETTEVILLE, and the CITY OF 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 February 15 , 2010 and remain in effect until December 31, 2011. 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 Farmington is not obligated for the remaining monies owed under this agreement. Article III That commencing February 15, 2010 the City of Farmington agrees to pay sheltering services fees of Seventy Five dollars ($75) per animal for the number of animals delivered to the City of Fayetteville the preceding calendar year of 2009, subject to the provisions of Article IV below. The annual sheltering fee for the year 2010 is $11,775 (based on 157 animals delivered in 2009) which shall be paid in twelve (12) equal installments of $981.25, on or before the first day of each month. The annual sheltering fee for the year 2011 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 2010, subject to the provisions of Article IV below and 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 of 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 for 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 with 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 pf 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 the City of Fayetteville. At the expiration of five days, the animal will be temperament tested for aggression and made available for adoption if it passes. 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 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 days the animal will be temperament tested for aggression and made available for adoption if it passes. 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. 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 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 thirty (30) day written notice. Article VII Neither party may assign any of its rights or 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 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 or 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 on or as of the date first written above. ATTEST: CITY OF FAYETTEVILLE, ARKANSAS 0,t.) Sondra Smith, City ,Pot °��CIRWTRE9` I /: ° � o ... o V OO •-,3„ FAYETTEVI LLE ; rr:9s•911,KANSP®J�,: s /�/ • • •® a 1404;•GTONeeG®�°°° ATTEST: Kelly Thom , City Clerk Lioneld Jor' • ►, ayor CITY OF FARMINGTON, ARKANSAS Ernie L. Penn, Mayor Justine Middleton Submitted By City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 42o/Z©id ity Cou cil Meeting Date Agenda Items Only Animal Services Division Action Required: Community Services Department Approval of the 2010--2011 Interlocal Sheltering Contract with the City of Farmington. 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 Finance and Internal Services Director 091.11 std Date Date 3-19-266 Date Previous Ordinance or Resolution # Original Contract Date: Original Contract Number: Received in City Clerk's Office Comments: Revised January 15, 2009 ave evi le THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENT CORRESPONDENCE ARKANSAS ww.a ccessf a yettevi ll e.o rg CITY COUNCIL AGENDA MEMO To: City Council Thru: Yolanda Field, Dir. Community Services; Jeremy Pate, Dir. Community Development From: Justine Middleton, Animal Services Superintendent Date: March 15, 2010 Subject: Approval of 2010-2011 Interlocal Sheltering Agreement with the City of Farmington PROPOSAL: Previous Interlocal Sheltering Agreements expired December 31, 2009. New contracts were sent out to be reviewed and signed. No material changes were made the contract contents except for shortening the term from three years to two year in anticipation of increased animal keeping expenses. RECOMMENDATION: Staff recommends approval of the Interlocal Sheltering Agreement for the term of 2010-2011. BUDGET IMPACT: Revenue of $11,775. 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 THROUGH THE END OF 2011 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 through the end of 2011. 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 20th day of April, 2010. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer