Loading...
HomeMy WebLinkAbout35-11 RESOLUTIONRESOLUTION NO. 35-11 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 THROUGH 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 Washington County, Arkansas to provide animal sheltering services to Washington County through 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 Washington County, Arkansas. PASSED and APPROVED this 1st day of March, 2011. APPROVED: ATTEST: By: By: L TN . D JORD V ayor SONDRA E. SMITH, City Clerk/Treasurer ```r�e�rnerav�q� oN.o�°�$ RK/TR 04V X1%,0 � n ®° a Y 13F °°G�\ 0Ue 1.7 :FAYETTEVILLE s M . iss/01�o 1(1\145„ s � o " 4'G OtGao`tir INTERLOCAL AGREEMENT BETWEEN THE CITY OF FAYETTEVILLE, ARKANSAS AND WASHINGTON COUNTY, ARKANSAS THIS AGREEMENT is entered into this / '51 day of j'Y)Q1,, ,, , 2011, 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 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 2011 in the amount of $97,650 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 2010. Future charges will be calculated in the same manner at the rate of $75 per animal. Washington County agrees to pay $97,650, payments shall be made to the City of Fayetteville in the form of twelve (12) monthly payments of $8,137.50. Payments shall be due on or before the first day of each month. Monthly Report for current year sheltering services activities will consist of a summary activity report and citizen intake forms. Monthly report packet will be mailed to the County Judge's Officer, 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, than after five (5) days it shall be forfeited to the shelter. Article IV This agreement shall begin on January 1, 2011 and end at midnight on December 31, 2011; 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: aindAec, 4Md&2 SONDRA SMITH, City Clerk �,��9,rett►►►► ® :1, 0.01 Y 0� °°Gc1; rk 71 ‹.`1/4"000— R ° f ,9 J ° 5553 °®°° OVeaw 0eNG CITY 0 FAYETTEVILLE, ARKANSAS NELD J1,+.: AN, Mayor WASHINGTON COUNTY, ARKANSAS • REN COMBS PRITCHARD, County Clerk YN EDWARDS, County Judge Justine Middleton Submitted By City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 3/1/2011 City Council Meeting Date Agenda Items Only Community Services Division Action Required: Development Services Department Approval of the 2011 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 Departme 1I irector Date orney Finance and Internal Services Director 4Chief o Staff; Date • Date Previous Ordinance or Resolution # Original Contract Date: Original Contract Number: Received in City 02-11-1 1 A09:44 RCVD Clerk's Office Dal Dat Comments: Revised January 15, 2009 ave evi le THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENT CORRESPONDENCE ARKANSAS www.accessfayettevi le.org CITY COUNCIL AGENDA MEMO To: City Council Thru: Yolanda Field, Dir. Community Services; Jeremy Pate, Dir. Development Servi From: Justine Middleton, Animal Services Superintendent Date: February 3, 2011 Subject: Approval of 2011 Interlocal Sheltering Agreement with Washington County PROPOSAL: The previous Interlocal Sheltering Agreement expired December 31, 2010. A new contract was sent out to be reviewed and signed in early January. The Interlocal Agreement with the County is only for a term of one year, running from January 1, 2011 to December 31, 2011. RECOMMENDATION: Staff recommends approval of the Interlocal Sheltering Agreement for the 2011 calendar year. BUDGET IMPACT: Revenue of $97,650.00 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 THROUGH 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 Washington County, Arkansas to provide animal sheltering services to Washington County through 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 Washington County, Arkansas. PASSED and APPROVED this 1St day of March, 2011. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer Washington County 280 N. College, Suite 300 Fayetteville, AR 72701 Washington County Clerk: THE CITY OF FAYETTEV#LLE, ARKANSAS `. ANIMAL SERVICES PROGRAM 1640 5 Armstrong Avenue Fayetteville, AR 72701 Phone (479) 444-3456 sas January 21, 2011 The time has come to renew our sheltering agreement. The terms of the contract have not cthanged in any material way from the contract that was :signed in 2010. The fees and all of the other provisions have remained unchanged. I have enclosed the original contract and another copy to serve as the second original. Judge Edwards and the Washington County Clerk, must sign both of these sheltering agreements before the Fayetteville City Council can approve the agreement, and then be signed by Mayor Jordan and the Fayetteville City Clerk. Please return both signed copies of the agreement to Fayetteville Animal Services, 1640 South Armstrong, Fayetteville, AR 72701. Once City of Fayetteville officials sign both agreements, one original agreement will be sent back to you for your records. If you have any questions, pleas call me at 444-3455. Thank you for your assistance in this process. Sincerely, Justine Middleton Animal Services Superintendent City of Fayetteville (479) 444-3455 jmiddleton@ci.fayetteville.ar.us Telecommunications ice for the 21-1316 res: air - Fayetteville, AR 72701 Aida &at cd- Q a Fayetteville Animal Shelter City/County This report has been drafted in response to a letter from the Washington County Judge's office to consider a partnership in the proposed Washington County Animal Shelter. This document will first establish the cost savings that are anticipated in the year 2012 after the city's contracts with the county and smaller cities expire. This data will be based on current budget items and population estimates. The report will show the length of time that the Fayetteville Shelter can operate into the future and the cost saving reflected in Tess need for Capital Improvement Program (CIP) project monies or operational budget increases for at least the next 2 years. Secondly, this report will explore two possible scenarios if the city were to contract with a Washington County Shelter to shelter Fayetteville animals. This information is based on retaining the current cost of operating animal control, which would remain a constant cost to the city. The scenarios also contain unknown variables since Washington County has not provided detailed information to date related to the actual cost of up front capital or per animal intake fees for which the City of Fayetteville would be directly responsible. In order to accommodate Fayetteville animals another 7,000 square feet would need to be added to the County's current plan for a new shelter based on calculations made from information received from the County's Feasibility Committee. This would result in the need for an additional estimated $1,000,050 in capital building funds. It is anticipated that this amount would either be asked for upfront in 2011 or spread over the course of 5 years by adding an additional sum to the current estimated $75 per animal charge. Regardless of our affiliation with the County regarding sheltering animals, the City of Fayetteville will have to provide Animal Control Services. These services will require continued funding and staff support from other departments. The County does not currently know what their actual operating costs will be, so there is a possibility that the animal sheltering fee may be higher than the $75 estimate. According to population projections by the Northwest Arkansas Regional Planning Commission, once the Fayetteville Shelter is established as a facility to serve Fayetteville residents exclusively, the current Shelter's animal housing capacity should carry through the next 30 years. Although facility improvements would be needed during that time, the Shelter estimates that donation revenue could be generated to cover most of these expenses. In addition, Animal Services estimates that it would not need to ask for additional funds to add to its operating budget through at least the end of calendar year 2013. These factors make maintaining the status quo a financially sound decision for the City. Page 1 of 7 Population projections were gathered from the Northwest Arkansas Regional Planning Commission. These population estimates are based on the population per dwelling unit ratio from Census 2000. Census data is from the latest 10 year Census reported by the U.S. Bureau of the Census. Rural data is not updated because the county neither issues building permits nor reports building activity. Estimated Population Fayetteville: 2010 77,044 Fayetteville: 2029 109,041 Fayetteville: 2039 125,882 Washington County: 2010 Population served by the Fayetteville Animal Shelter 131,966 The above Washington County population served estimate does not include the cities of Springdale, Prairie Grove and Lincoln. The Fayetteville Animal Shelter does not serve these cities. In 2010 the City of Fayetteville Animal Shelter facility has provided services for a population base of 131,966. The current projected population for the City of Fayetteville for 2039 is 125,882. Therefore, based on these estimates our current animal shelter facility would serve the residents of Fayetteville at a minimum through the end of 2039. Improvements to the facility would be required, but it is anticipated that most if not all capital improvements would be funded from the donation account. This would generate a cost savings to the CIP Fund on future shelter projects. This option has the City of Fayetteville maintaining an Animal Control Program and an Animal Shelter Program for the animals of Fayetteville only. Sheltering Animals The current shelter agreement fee charged to the county and small cities is $75.00 per animal which covers a five (5) day stay at a rate of $15.00 per day. Most adoptable animals remain at the shelter an average of twenty-one (21) days. Of the estimated 1,500 animals which come from the county and small cities approximately 40% will be adoptable, which means 600 animals will be at the shelter for an average of twenty-one (21) days. At a rate of $15.00 per day these animals will generate an estimated cost of $189,000. The fees currently collected from the county and small cities for these animals would be $45,000 with a net cost overrun of $144,000 that is absorbed by the City of Fayetteville. Page 2of7 There are many studies that verify strong spay/neuter and microchip programs reduce shelter animal populations (see appendix). The City of Fayetteville is committed to continuing both efforts at the highest level possible. If the Fayetteville Animal Shelter were to house only Fayetteville animals the cost overrun of approximately $144,000 would no longer be needed to house county and small city animals but would provide for Fayetteville animals instead. The City of Fayetteville will continue to stress spay/neuter and microchipping for Fayetteville animals which coupled with the population estimates above would indicate that it would be at least 30 years before the Fayetteville shelter population reached current levels. It is anticipated that by not housing County animals the Animal Services Program would not require a budget increase through the calendar years of 2012 and 2013. Future CIP Needs The Shelter has been operating with an insufficient budget for medical/veterinary supplies. Due to this, the Shelter had to use approximately 95% of the undesignated public donations it received to cover this expense in both 2009 and 2010. As of 2011 the Shelter's medical/veterinary supply budget is increasing to cover the previously existing shortfall. This will allow future undesignated donations to be used for building improvements and major repairs which will reduce the funding requests from Capital Improvement Project funds. Also, it is anticipated that future fundraising efforts will be more successful because donors will be able to contribute to a specific goal (i.e. a new roof) and will be able to see the tangible benefit of their donation instead of only helping the Shelter in some abstract way. Animal Services estimates that in the future it will be able to generate donations to cover most of the capital improvement projects. In summary, if the current Animal Services Program operating budget remains the same after the end of 2011, Animal Services does not anticipate the need to ask for additional monies through the CIP budgeting process for the calendar years of 2012 and 2013. The City of Fayetteville would enter into a sheltering agreement with Washington County and would maintain a Fayetteville Animal Control Program. Animal Control Program The mission of this program would be to enforce current animal related ordinances. General Funds would be used to fund the program. All revenue generated by fees from this program will be returned to the General Fund. The following is the suggested level of staffing to support the required animal control component. Five full-time equivalents (FTEs) and one additional vehicle would be needed to run the program. The existing kennel and clinic buildings would be maintained for emergency pet sheltering. Page 3of7 Program Staff — Animal Control Table 1.1 Position Salary & Benefits FTE FTE Cost Senior Officer $55,819 1.00 $ 55,819 Officer $42,614 4.00 $170,456 Total 5.00 $226,275 Fayetteville Central Dispatch estimates two additional dispatch positions to handle citizen calls for assistance and dispatching of Animal Control personnel at an estimated cost of $67,000. The additional dispatch positions will be required because there will no longer be Animal Shelter staff to receive and dispatch calls during normal operating hours. Estimated Operating Budget — Animal Control Only Option Table 1.2 Estimated Budget Building and Grounds Maintenance 8,000 Office Supplies 500 Copier Supplies & lease 2,500 Minor Equipment 4,000 Fuel 10,439 Uniforms 2,500 Travel & Training 6,080 Telephone expense 3,343 Motor Pool Charges 5,533 Shop overhead charges 2,800 Contract Services 500 Radio, Vehicle & Machine Maintenance 428 Estimated Operating Budget Total $ 46,623 This is the initial budget estimation. Future changes may be deemed necessary by administration. First Year Budget (Year 2012) Estimated Animal Control Budget including additional FTE and Vehicle $272,898 $ 67,000 Additional Dispatch Positions (2 FTE's) Total Estimated Budget Page 4 of 7 $339,898 Interlocal Partnership Scenarios A sheltering agreement with Washington County would require added square footage for the new county shelter to adequately service the estimated animal population generated by the residents of Fayetteville. Currently the new county shelter has 3,500 square feet allocated to kennel area (based on current estimates from the County). An additional 7,000 square feet would be needed to serve the estimated need of the City animal intake. Based on the current estimated construction cost this additional space would equal an additional capital cost of $1,000,050. (The County has not provided detailed information related to the actual cost of up front capital or per animal intake fees to the City of Fayetteville if a partnership were established. The alternatives presented are based on possible scenarios developed by the report team. All projections are made with the $75/animal shelter rate remaining unchanged.) Alternative #1 — Construction Cost The City of Fayetteville would provide the construction cost of $1,000,050 for the additional space required for the county shelter in Budget Year 2011. Operations and services at the Animal Shelter would remain as normal for 2011. In Budget Year 2012, the city would establish the Animal Control Program and support as outlined previously at a projected annual operating cost the first year of $339,898. Alternative #2 — Construction Cost The City of Fayetteville would provide the construction cost as a part of the animal sheltering fee with an increase of $50 to the original $75 fee with an estimated animal intake of 4000. The $50.00 construction cost surcharge would see the total $1,000,050 required for construction of the additional space paid out in an estimated 5 years if the animal intake held dose to the 4000 animal estimate. Unforeseen Expenses There are some possibly substantial expenses that are unknown. For example, some animals require a longer mandatory holding period. Animals that are known to have an owner (i.d. tag, etc.) must be held for 10 days before being put up for adoption. The County has not said if there will be a higher fee for these animals. In addition, animals that have court holds (pending aggressive dog cases, etc.) are often held for periods of 6 to 8 months. It is logical that the County would charge a much higher fee for these animals or refuse to house them altogether, leaving the City to contract with a Vet to hold those animals for the required amount of time. There is no commitment that the $75/animal charge used in the current animal sheltering agreement between the City and the County will be the fee utilized by the County. Data provided earlier in this document shows that $75 is inadequate for Fayetteville to cover the actual cost of housing adoptable animals being sheltered, which is a primary reason that the City can no longer continue to house the animals of the county and smaller cities. Therefore, it is likely the County will determine that the $75 fee is not adequate to cover the costs of housing animals at their new shelter. Page 5 of 7 At this time the future county shelter programs and costs for operation have not been identified. Therefore, comparison of current city shelter and future county practices and procedures can not be made with a high degree of accuracy. In addition, there always remains the possibility that conflicting Shelter practices and procedures could occur. Fayetteville citizens are extremely animal conscious and enjoy being directly involved with the running of their Animal Shelter. Overall, if the City decided to partner with the County on new facility, it would necessitate an initial contribution of $1,000,050 within the next five years. In addition, the cost of continuing a stand alone Animal Control Program and paying the sheltering costs for an estimated 4,000 animals would average $600,000 (if the base animal sheltering rate of $75 held constant). At a time when the City of Fayetteville, like many other cities is experiencing budget challenges, the financial demands of partnering to build a larger Shelter are not in the best interest of the taxpayers. This is especially true when the current Shelter is estimated to be adequate for another three decades. As the City of Fayetteville strives to provide the best services for our citizens, the best alternative is to focus on existing Animal Services within our municipality. The current Animal Services facility will provide decades of service to our citizens. The city cannot forecast the county's fee structure or future changes to the fees. The city does know that Animal Services is providing a valuable service to the citizens and animals of Fayetteville. Page 6of7 Companion animal overpopulation is a serious problem in almost every community throughout the United States. The cost of animal control to deal with this problem is estimated to be in the billions of dollars nationwide. It is left up to the individual municipalities to manage pet overpopulation in their area. Low cost spay/neuter programs and microchip programs have been shown to be very effective means to manage overpopulation. Joshua M. Frank, Ph..D and Pamela Carlisle -Frank, Ph. D. write in their study "Analysis of Programs to Reduce Overpopulation of Companion Animals" that spay and neuter programs not only result in lower animal intake and euthanasia rates at shelters but also result in higher adoption rates. Peter Marsh founder of Solutions to Pet Overpopulation found that In 1970-71 the City of Los Angeles impounded 144,000 animals and started a spay and neuter program that sterilized five percent of reclaimed animals. By 1982-83 the intake of animals had been reduced to nearly half at 72,454 animals. Geoff Handy published data from New Hampshire's statewide spay and neuter program in his 2001 book Animal Control Management: A Guide for Local Governments. This data indicated that by the sixth year of the program, New Hampshire's eight largest shelters admitted 30,985 fewer animals at a cost savings to the state. The New Jersey State Animal Population Control program reports that since its inception in 1984 there has been a 27 percent reduction in animal intake at shelters and a 45 percent reduction in the number of animals euthanized. The report also found that the adoption rate increased from 20 percent to 39 percent. Microchips are a very effective means of animal identification and results in animals being returned to their homes 72 percent of the time according to Dr. Linda Ford with Ohio State University. She gathered information from 53 shelters in 23 states in a study from August 2007 to March 2008. Spay/neuter programs and microchip programs have been proven to reduce shelter animal populations. The City of Fayetteville Animal Shelter is committed to continuing both efforts at the highest level possible. Page 7 of 7