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Home My WebLink About06-12 RESOLUTIONRESOLUTION NO. 06-12 A RESOLUTION APPROVING A MONTH-TO-MONTH ANIMAL SHELTERING CONTRACT WITH WASHINGTON COUNTY, ARKANSAS BEGINNING IN 2012 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 a month-to-month animal sheltering contract with Washington County, Arkansas beginning in 2012. A copy of the contract is attached as Exhibit "A". PASSED and APPROVED this 3rd day of January, 2012. APPROVED: B ATTEST: SONDRA E. SMITH, City Clerk/Treasurer INTERLOCAL AGREEMENT BETWEEN THE CITY OF FAYETTEVILLE, ARKANSAS AND WASHINGTON COUNTY, ARKANSAS THIS AGREEMENT is entered into this ?j i day of (j , 201' by and between the CITY OF FAYETTEVILLE, and the COUY 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 inc. )rporated 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 shall pay the City of Fayetteville $75.00 per animal delivered for sheltering services. The City of Fayetteville shall invoice Washington County monthly by the 15th of the month following the provision of said services. Payments shall be due on or before the first day of each month following receipt of the City of Fayetteville's invoice. 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 may be terminated upon thirty (30) days written notice. 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 The City of Fayetteville is not responsible for providing veterinarian care for emergency type situations. The City of Fayetteville does not possess the proper equipment to treat severe injuries; therefore any such cases must be taken to a private veterinarian. Article VII All Washington County Animal Control Officers are required to wash out their trucks with a disinfectant that is proven to kill parvovirus after every delivery of animals to the Fayetteville Animal Shelter. A hose and water will be provided, but Washington County must provide their own disinfectant product and nozzle. Article VIII Any Washington County citizen who owns an animal they wish to surrender to Washington County Animal Control must be made an appointment to surrender that animal with the Fayetteville Animal Shelter unless the Animal Control Officer(s) feels the animal is in danger of severe neglect. Appointments may be made by calling the Fayetteville Animal Shelter during normal business hours. Article IX 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 X This Agreement shall be interpreted according to and enforced under the laws of the State of Arkansas. Article XI 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 XVI 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 XVII 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 XVIII 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: Aitktil SONDRA SMITH, City Clerk �tttttrnrrNvr�o� EVILLE a o.� msFAYETT 1%;96,°43KA1\1*eo•SS s1111111,1111111140 ille'aa CITY OF FAYETTEVILLE, ARKANSAS w-� I NELD J ► ' : d , Mayor WASHINGTON COUNTY, ARKANSAS REN COMBS PRITCHARD, County Clerk Justine Middleton Submitted By City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 1/3/2012 City Council Meeting Date Agenda Items Only Community Services Division Action Required: Development Services Department Approval of the 2012 Interlocal Sheltering Contract with Washington County on a month to month basis. 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 (l�rc A ubn►) Taa c . �,..... Finance and Internal Services Director 11,14'100 Date Date 12-2n-2otl Date Previous Ordinance or Resolution # Original Contract Date: Original Contract Number: 12-20-1 1 A08:59 RCVu Received in City Clerk's Office 9f" Comments: Staff recommends approval. Revised January 15, 2009 a�eville www.accessfayetteville.org CITY COUNCIL AGENDA MEMO THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENT CORRESPONDENCE To: City Council Thru: Yolanda Field, Dir. Community S - ,+Ies; Jeremy Pate, Dir. Development Services From: Justine Middleton, Animal Services S erintendent Date: December 15, 2011 Subject: Approval of 2012 Interlocal Sheltering Agreement with Washington County PROPOSAL: The previous Interlocal Sheltering Agreement expired December 31, 2011. New contracts were sent out to be reviewed and signed. The Interlocal Agreement with the County is now on a month to month basis to allow for termination when the new Washington County Animal Shelter open for business. RECOMMENDATION: Staff recommends approval of the Interlocal Sheltering Agreement for 2012 on a month to month basis. BUDGET IMPACT: Revenue of $75 per animal brought in from the unincorporated areas of Washington County. RESOLUTION NO. A RESOLUTION APPROVING A MONTH-TO-MONTH ANIMAL SHELTERING CONTRACT WITH WASHINGTON COUNTY, ARKANSAS BEGINNING IN 2012 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 a month-to-month animal sheltering contract with Washington County, Arkansas beginning in 2012. A copy of the contract is attached as Exhibit "A". PASSED and APPROVED this 3`d day of January, 2012. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer