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contract provisions having been resolved and a new contract tendered by the County, Resolution No. 2016-09 is hereby repealed and the contract approved thereby is hereby voided.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 ·
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“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.
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