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RESOLUTION 2017-05

RESOLUTION No. 2017-05

A RESOLUTION REPEALING RESOLUTION NO. 2016-09

AND THE CONTRACT APPROVED THEREBY AND

APPROVING A REVISED CONTRACT BETWEEN

WASHINGTON COUNTY, ARKANSAS AND THE CITY OF

JOHNSON, ARKANSAS TO PROVIDE ANIMAL

SHELTERING SERVICES TO THE CITY OF JOHNSON.

  

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF JOHNSON, ARKANSAS:

 Section 1:         Whereby Resolution No. 2016-09 was passed in November 2016 approving a contract for animal sheltering services by Washington County with the understanding that specific portions of the contract were still being negotiated by legal counsel: those contract provisions having been resolved and a new contract tendered by the County, Resolution No. 2016-09 is hereby repealed and the contract approved thereby is hereby voided.

Section 2:         That the City Council of the City of Johnson, Arkansas hereby approves the attached 'Closed Admissions' Animal Sheltering Contract between Washington County, Arkansas and the City of Johnson, whereby the County will provide animal sheltering services to the City of Johnson. A copy of the contract, marked Exhibit "A" is attached hereto, and made a part hereof.

Section 3:         That the City Council of the City of Johnson, Arkansas hereby authorizes the Mayor and the Recorder-Treasurer, to execute the contract with Washington County and to make payment pursuant to the terms of Exhibit A.

Passed and Approved this 9th day of January, 2017  ·

ATTEST:

coj Animal Sheltering Services Res . 02 13 17

 

“CLOSED ADMISSIONS" CONTRACT BETWEEN WASHINGTON COUNTY, ARKANSAS AND THE CITY OF JOHNSON, ARKANSAS

 

 

THIS AGREEMENT is entered  into, this 9th day of January, 2017, by and between Washington County (..County"), Arkansas and the City of Johnson, Arkansas (..City''). concerning the provision of animal sheltering services;

  and,

 WHEREAS, effective animal control is of mutual interest to the County and the City;

WHEREAS, the County possesses the necessary facilities to provide animal sheltering services to City.

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 County agrees to provide sheltering services for animals delivered to Lester C. Howick Animal Shelter in Fayetteville, Arkansas, by designated animal control officers and any citizen who has a letter from a Johnson, Arkansas City Official authorizing the County Shelter to accept the animal, according to Shelter surrender policies. The term "sheltering services" shall include, but is not limited to: food, water, shelter, veterinary care (basic care provided to be provided during normal working hours). Euthanasia, and impoundment (up to three (3) days, after which said animal shall become the property of the County). This shall also include after­ hours access for the county animal control officers.

The County agrees to provide rabies quarantine services for  animals  delivered  to  the County Shelter by designated animal control officers. The term '·rabies quarantine services "  shall include , but is not limited to: isolation  of  the  animal  from  the  public,  food,  water,  shelter , veterinary care (basic care provided is to be provided during  normal  working  hours),  and euthanasia.   The  County   shall  provide  said  rabies  quarantine  services  for  an  animal  up  to  three ( 3) days for  stray  anima ls  and  up  to  ten  ( I 0)  days,  including  the  day  of  the  bite.  for owned animals . At the expiration of ten ( I 0) clays of quarantine, the animal may be  reclaimed  by  the owner. If the owner fails to claim the animal, it shall become the property of the County and shall be euthanized.

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ARTICLE II

City agrees to comply with the County's Operating Policy during the term of this Agreement. and understands that the County may terminate this agreement for noncompliance.

ARTICLE Ill

Sheltering fees for 2017 shall be $150.00 per animal plus $10.00 per day the animal is sheltered, which shall be due and payable monthly on the first day of each month by the City to the County. If an animal is impounded, the cost of such shall be borne by the owner. The shelter shall collect the $150.00 fee plus additional daily fees at the time of reclamation by the owner and no billing shall be passed on to the City. However, if the owner fails to reclaim or refuses to retrieve any such animal within three (3) days of impoundment,  the animal  shall  be forfeited  to the County and billing shall be passed on to the City. Rabies Quarantine fees for 2017 shall be

$40.00  per  day  for  each  day  the  animal  spends  in  quarantine  at  the  shelter.  lf an  animal is

impounded, the costs of such shall be borne by the owner; however, if the owner fails or refuses to retrieve any such animal at the end of the quarantine period the animal shall be forfeited to the County and quarantine fees shall be passed on to the City.

ARTICLE IV

This agreement shall begin upon  execution  by  the  parties  and  end  at  midnight  on December 31, 2017 subject to annual  renewal  on  such  terms  as  are  agreeable  by  the  parties.  If this contract is activated at any other time other  than  the  first day of  any  month  then  the  monthly  fee due herein shall be prorated accordingly.

ARTICLE V

Neither the County nor the City may assign any of its rights or delegate any of its obligations under this Agreement, without the express written consent of the other.

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ARTICLE VI

This Agreement shall be interpreted according to and enforced under the laws of the State of Arkansas.

ARTICLE VII

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 VIII

 In the event City knows or suspects  that an animal  is dangerous or potentially dangerous  as defined by County ordinances and fails to inform the County, or fails to inform County of all known behavioral history of animal, then in such case City shall hold harmless the County 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 County or the City under Constitution and Statutes of  the  State  of Arkansas.

ARTICLE IX

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 X

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.

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 ARTICLE XI

This Agreement may be terminated by either party upon sixty (60) days written notice to the Chief Elected Official of each party.

IN WITNESS WHEREOF, the City of Johnson, Arkansas and Washington County have executed this Agreement on or as of the date first written above.

ATTEST:

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