Loading...
11037I R&LUTIONNO. 11,037 2 A RESOLUTION AUTHORIZING THE CITY MANAGER TO 3 ENTER INTO A GOVERNMENTAL SERVICES AGREEMENT 4 WITH PULASKI COUNTY, ARKANSAS, FOR THE PURPOSE OF 5 PROVIDING ANIMAL SERVICES; AND FOR OTHER 6 PURPOSES. 7 WHEREAS, the City of Little Rock ( "City") operates and administers an animal services facility 8 in order to shelter, care, maintain, and dispose of stray and /or unwanted dogs and cats located within the 9 City's corporate limits, and 10 WHEREAS, Pulaski County, Arkansas (the "County"), has requested the City to allow access to 11 such services for an agreed upon fee, and 12 WHEREAS, the City currently has the capacity at its animal services facilities to provide such 13 services to the County. 14 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE 15 CITY OF LITTLE ROCK, ARKANSAS: 16 Section 1. The City Manager is hereby authorized to enter into a Governmental Services 17 Agreement with the County in order to provide animal services under the terms and conditions set forth in 18 the Agreement. 19 Section 2. Severability. In the event any title, section, paragraph, item, sentence, clause, 20 phrase, or word of this ordinance is declared or adjudged to be invalid or unconstitutional, such 21 declaration or adjudication shall not affect the remaining portions of the ordinance which shall remain in 22 full force and effect as if the portion so declared or adjudged invalid or unconstitutional was not originally 23 a part of the ordinance. 24 Section 3. Repealer. All ordinances and resolutions inconsistent with this resolution are 25 hereby repealed to the extent of such inconsistency. 26 PASSED: April 3, 2001 27 ATTEST: APPROVED: 28 29 30 Nancy Wood, ity Clerk Dailey, Mayor 31 APPRO VEDAS TO LEGAL FORM: 32 33"� t�l 34 Thomas M. Carpenter, City Atibrney 35 // 0 0 GOVERNMENTAL SERVICES AGREEMENT THIS GOVERNMENTAL SERVICES AGREEMENT ( "Agreement ") is entered into by and between the City of Little Rock, Arkansas ( "City ") and Pulaski County, Arkansas ( "County "), upon the terms and conditions expressly set forth herein. FOR, AND IN CONSIDERATION OF, THE TERMS AND CONDITIONS SET FORTH HEREIN, AND FOR OTHER GOOD AND VALUABLE CONSIDERATION, THE PARTIES JOINTLY AGREE AS FOLLOWS: 1. ANIMAL SERVICES. The City operates and administers an services facility in order to shelter, care, maintain, and dispose of stray and/or unwanted dogs and cats located within the City's corporate limits. County has requested the City to allow access to such services, specifically to provide for the shelter, care, maintenance and disposal of dogs and cats found within the corporate limits of the County, but outside the corporate limits of the City. The City currently has the capacity to provide these services to the County. 2. TERM OF AGREEMENT. This Agreement shall be effective retroactive to January 1, 2001, and shall terminate on December 31, 2001. The terms of the Agreement shall be applicable to all animals delivered by the County to the City from the period commencing January 1, 2001. 3. SCOPE OF WORK The City will receive, shelter, administer, and/or dispose of dogs and cats that are captured and delivered by County personnel, assuming space permits, in accordance with all applicable local, state, federal laws and requirements. The County acknowledges, understands and agrees that all animal services provided by the City pursuant to this Agreement shall be undertaken in accordance with the rules, regulations and procedures under which the City's animal shelter operates, and that all actions taken 0 0 shall be at the sole discretion of the appropriate Animal Services personnel. The County specifically agrees to limit delivery of dogs and cats when notified by the City that its animal services facilities space is limited. 3. AGREEMENT PRICING AND BILLING. The County agrees to pay the City for services rendered pursuant to this Agreement under the following terms: $20 for each domestic dog or cat delivered for shelter, care, potential adoption and/or final disposition, which shall occur within seven (7) days. $1.50 for each deceased animal delivered only for disposal. By no later that the 15'h calendar day of each month, the County shall forward payment to the City animal services facility for each dog and cat brought to the City's facility during the preceding month. Each payment shall include an itemized summary by animal category. The monthly itemized summary received from the County will be reconciled to the records maintained by the City animal services facility. Any discrepancies between the City's and the County's records, will be resolved by the City's Director of Housing and Neighborhood Programs. 4. INDEMNIFICATION. The County covenants and agrees to fully indemnify, defend, and hold harmless the City and its agents, employees, officers, directors and attorneys, individually or collectively, from and against any and all costs, claims, liens, damages, liability, and suits of any kind and nature, including but not limited to personal injury or death resulting from or related to activities described in this Agreement, including any acts or omissions of the County, any agent, officer, director, representative, employee, contractor or subcontractor of the County, and their respective officers, agents, employees, directors and representatives while in the exercise or performance of the activities described in this Agreement. The County further K 0 0 agrees to pay all expenses in defending any such claims made against the City, including but not limited to investigation costs, attorney's fees and court costs, except to the extent that the injury, death or damage was caused by the sole act of negligence of the City, its members, agents, employees, officers, directors and representatives. The County shall promptly advise the City in writing of any claim or demand made against the City or the County known to the County, related to or arising out of County' activities under this Agreement, and shall be responsible for the investigation of and defense of such claims or demands at the County's cost. The City shall have the right, at its option and at its own expense, to participate in such defense without relieving the County of any of its obligations under this section. 5. MODIFICATION OF AGREEMENT. No waiver or modification of this Agreement or any covenant, condition or limitation herein contained shall be valid unless in writing and duly executed by the party to be charged therewith. No evidence of any waiver or modification shall be offered or received in evidence of any proceeding in litigation between the parties hereto or arising out of or affecting this Agreement, or the rights or the obligations of the parties hereunder, unless such waiver or modification is in writing, duly executed as aforesaid. 6. APPLICABLE LAW. This Agreement shall be construed under and in accordance with the laws of the state of Arkansas. 7. SEVERABILM. It is the desire and intent of the County and the City that the provisions of this Agreement be enforced to the fullest extent permissible under the laws of the state of Arkansas, to the extent not inconsistent with applicable federal law or regulations. Accordingly, the terms of this Agreement are severable, and if any particular portion be adjudicated or determined to be invalid, unenforceable, or partially unenforceable, such determination of invalidity, unenforceability, or partial unenforceability shall apply to that M 0 i portion of this Agreement and the balance of the Agreement shall nevertheless be enforceable to the fullest extent permissible under the laws and regulations applicable thereto. 8. NOTICES. For purposes of this Agreement, all official communications and notices between the parties shall be deemed sufficient if in writing and personally delivered or mailed, registered or certified, postage prepaid, to the addresses set forth below: Citv Office of the City Manager City of Little Rock 500 West Markham Little Rock, Arkansas 72201 County Office of the Pulaski County Judge 201 South Broadway Little Rock, Arkansas 72201 9. ENTIRE AGREEMENT. This Agreement constitutes the final and entire agreement between the parties hereto and contains all of the terms and conditions agreed upon. No other terms regarding the subject matter of this Agreement shall be deemed to exist or to bind the parties hereto unless same be in writing dated subsequent to the date hereof and duly executed by the parties. 10. WARRANTIES. a. The undersigned officer of the County warrants and represents that he has read the terms and conditions of this Agreement and consulted with legal counsel prior to executing same. He further represents that he is fiilly authorized to enter into this Agreement, under the terms and conditions herein, and that such terms and conditions lawfully bind the County to this Agreement. 0 0 b. The undersigned representative of the City warrants and represents that he has read the terms and condition of this Agreement and consulted with legal counsel prior to executing same. He further represents that he is fully authorized to enter into this Agreement, under the terms and conditions herein, and that such terms and conditions lawfully bind the City to this Agreement. 11. MISCELLANEOUS. a. This Agreement shall be construed without regard to the identity of the persons who drafted the provisions contained herein. Moreover, each and every provision of this Agreement shall be construed as though each party participated equally in the drafting thereof. As a result of the foregoing, any rule of construction that the document be construed against the drafting party shall not be applicable. b. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument. 12. CAPTIONS. The captions contained in this Agreement are for convenience or reference only, and in no way limit or enlarge the terms and/or conditions of this Agreement. IN WITNESS WHEREOF, this Governmental Services Agreement is duly executed by the parties as set forth below. F1 PULASKI COUNTY LZ F. G. Villines County Judge 0 0 STATE OF ARKANSAS ) )SS: COUNTY OF PULASKI ) On this day of March, 2001, before me a Notary Public, duly commissioned, qualified and acting within and for the said County and State appeared in person, F. G. Villines, to me personally known, who stated that he had executed the above and foregoing document in his duly authorized capacity as County Judge of Pulaski County, Arkansas, for the consideration, uses and purposes therein mentioned and set forth. My Commission Expires: STATE OF ARKANSAS )SS: COUNTY OF PULASKI Notary Public 14 WeJMifI!NIIAW3GZO C Cy Carney City Manager On this day of March, 2001, before me a Notary Public, duly commissioned, qualified and acting within and for the said County and State appeared in person, Cy Carney, to me personally known, who stated that he had executed the above and foregoing document in his duly authorized capacity as City Manager of the City of Little Rock for the consideration, uses and purposes therein mentioned and set forth My Commission Expires: Notary Public 3