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Home My WebLink About76-11 RESOLUTIONRESOLUTION NO. 76-11 A RESOLUTION APPROVING AN INTER -LOCAL AGREEMENT BETWEEN THE CITY OF FAYETTEVILLE, ARKANSAS AND THE CITY OF WEST FORK, ARKANSAS TO PROVIDE ANIMAL SHELTERING SERVICES TO WEST FORK 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 the City of West Fork, Arkansas to provide animal sheltering services to the City of West Fork 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 the City of West Fork, Arkansas. PASSED and APPROVED this 17th day of May, 2011. APPROVED: By:,• Atraikg. _wily O►. LD JO' 'O ATTEST: By:40W)9,44) SONDRA E. SMITH, ity Clerk/Treasurer INTERLOCAL AGREEMENT BETWEEN THE CITY OF FAYETTEVILLE, ARKANSAS AND CITY OF WEST FORK, ARKANSAS THIS AGREEMENT is entered into this 11 - day of 2011, by and between the CITY OF FAYETTEVILLE, and the CITY OF "WEST FORK, 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 West Fork; and WHEREAS, the City of Fayetteville possesses the necessary facilities to provide animal sheltering services to City of West Fork. 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 West Fork police officers and designated animal control officers. Article II The City of West Fork 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 The City of West Fork agrees to pay sheltering services fees of Seventy Five dollars ($75) per animal to the City of Fayetteville in the form of twelve (12) monthly payments. Payment shall be due on or before the first day of each month. The annual sheltering services fee shall be based upon the total number of animals delivered to the shelter by West Fork police officers and designated animal control officers during the 2011 calendar year. Article IV This agreement shall remain in effect until midnight December 31, 2011. Article V The City of Fayetteville agrees to provide assistance to the City of West Fork 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 two cities. Article VI Both Cities acknowledge the existence of a county wide animal sheltering agreement between the City of Fayetteville and Washington County, but which currently excludes the corporate boundaries of any incorporated cities. The Cities agree that this Agreement shall automatically terminate in the event that the City of West Fork enters into an animal sheltering services agreement with Washington County, Arkansas. In any event, either City shall have the right to terminate this Agreement upon Thirty (30) days written notice to the other. Article VII Neither City may assign any of its rights or delegate any of its 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 West Fork 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 the City of West Fork 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 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 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 signed 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 West Fork have executed this Agreement on or as of the date first written above. CITY OF .AYETTEVILLE, ARKANSAS SONDRA SMITH, R'ky,,R 1erk ATT ST: ELD J .!N, Mayor CITY OF WEST FORK, ARKANSAS ity Clerk , p tuned slernpc roi i ai /04 FRANCES HIME, Mayor /q rA Justine Middleton Submitted By City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 5/17/2011 City Council Meeting Date Agenda Items Only Community Services Division Action Required: Development Services Department Approval of the 2011 Interlocal Sheltering Contract with the City of West Fork, Arkansas. 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 Fin nce and Internal Services Director Chi 0iatiflon Date -Zl 1 Date Date Date Previous Ordinance or Resolution # Original Contract Date: Original Contract Number: Received in City Clerk's Office 04-20-11P03:21 NLvu Received in Mayor's Office Comments: Revised January 15, 2009 THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENT CORRESPONDENCE ARKANSAS www.accessfayetteville.org CITY COUNCIL AGENDA MEMO To: City Council Thru: Yolanda Field, Dir. 'unity Services; Jeremy Pate, Dir. Community Development From: Justine Middleton, Anima Services Superintendent Date: April 19, 2011 Subject: Approval of 2011 Interlocal Sheltering Agreement with the City of West Fork PROPOSAL: The City of West Fork has no other options at this time for their animal sheltering. They previously had a contract with a local veterinary clinic, but that contract expired. RECOMMENDATION: Staff recommends approval of the Interlocal Sheltering Agreement for the term of 2011. BUDGET IMPACT: Revenue amount cannot be determined at this time. RESOLUTION NO. A RESOLUTION APPROVING AN INTER -LOCAL AGREEMENT BETWEEN THE CITY OF FAYETTEVILLE, ARKANSAS AND THE CITY OF WEST FORK, ARKANSAS TO PROVIDE ANIMAL SHELTERING SERVICES TO WEST FORK 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 the City of West Fork, Arkansas to provide animal sheltering services to the City of West Fork 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 the City of West Fork, Arkansas. PASSED and APPROVED this 17th day of May, 2011. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer RESOLUTION NO. A RESOLUTION APPROVING AN INTER -LOCA AGREEMENT BETWEEN THE CITY OF FAYETTEVILLE, ARKANS : S AND THE CITY WEST FORK, ARKANSAS TO PROVIDE AN i AL SHELTERING VICES TO WASHINGTON COUNTY THROUG 011 BE RESOLVED BY THE CITY CO 4 NCIL OF THE CITY OF FAYETTEVI ► E, ARKANSAS: Section 1: at the City Council of the City of F: yetteville, Arkansas hereby approves an Inter -local Agreeme between the City of Fayettev . e, Arkansas and the City of West Fork, Arkansas to provide . mal sheltering services to t - City of West Fork through 2011. A copy of the agreement, marke. Exhibit "A", is attached ereto and made a part hereof. Section 2: That the ity Council of th- City of Fayetteville, Arkansas hereby authorizes the Mayor and City Clerk to -xecute the In -r-Local Agreement with the City of West Fork, Arkansas. PASSED and APPROVED . is th day of May, 2011. APPROVED: ATTEST: By: LIONELD JORDAN, ayor ONDRA E. SMITH, City Clerk/Treasurer