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1 RESOLUTION NO. 11,038
2 A RESOLUTION AUTHORIZING THE CITY MANAGER TO
3 ENTER INTO A GOVERNMENTAL SERVICES AGREEMENT
4 WITH THE CITY OF SHANNON HILLS, ARKANSAS, FOR THE
5 PURPOSE OF PROVIDING ANIMAL SERVICES; AND FOR
6 OTHER 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, the City of Shannon Hills, Arkansas ( "Shannon Hills "), has requested the City to
11 allow access to 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 Shannon Hills.
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 City of Shannon Hills, Arkansas in order to provide animal services under the terms
18 and conditions set forth in 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
23 originally 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25 hereby repealed to the extent of such inconsistency.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:
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29 ���j� —�� ��lir ✓L L
30 Nancy // Wood, City Clerk J' ailey, Mayor
31 APPROVED AS TO LEGAL FORM:
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33 %�-
34 Thomas M. Carpenter, City Att ey
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37 //
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GOVERNMENTAL SERVICES AGREEMENT
THIS GOVERNMENTAL SERVICES AGREEMENT ( "Agreement ") is entered into
by and between the City of Little Rock, Arkansas ( "City ") and the City of Shannon Hills
( "Shannon Hills "), 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. Shannon Hills 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 Shannon Hills. The City currently has the capacity to
provide these services to Shannon Hills.
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 Shannon Hills 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 Shannon Hills personnel, assuming space
permits, in accordance with all applicable local, state, federal laws and requirements. Shannon
Hills 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
shall be at the sole discretion of the appropriate Animal Services personnel. Shannon Hills
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. Shannon Hills 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 for disposal.
By no later that the 15w calendar day of each month, Shannon Hills 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 Shannon Hills will be reconciled to the
records maintained by the City animal services facility. Any discrepancies between the City's
and Shannon Hill's records will be resolved by the City's Director of Housing and Neighborhood
Programs.
4. INDEMNIFICATION. Shannon Hills 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
Shannon Hills, any agent, officer, director, representative, employee, contractor or subcontractor
of Shannon Hills, and their respective officers, agents, employees, directors and representatives
while in the exercise or performance of the activities described in this Agreement. Shannon Hills
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further 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. Shannon Hills shall promptly advise
the City in writing of any claim or demand made against the City or Shannon Hills known to
Shannon Hills, related to or arising out of Shannon Hills' activities under this Agreement, and
shall be responsible for the investigation of and defense of such claims or demands at Shannon
Hills' cost. The City shall have the right, at its option and at its own expense, to participate in
such defense without relieving Shannon Hills 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 fights 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. SEVERABILITV. It is the desire and intent of Shannon Hills 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
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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
Shannon Hills
Office of the Mayor
10401 High Road East
Shannon Hills, Arkansas 72103
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 Shannon Hills 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 fully authorized to enter into this Agreement, under the
terms and conditions herein, and that such terms and conditions lawfully bind Shannon Hills to
this Agreement.
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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.
E
SHANNON HILLS
Larance M. Davis
Mayor
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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, Larance M.
Davis, to me personally known, who stated that he had executed the above and foregoing
document in his duly authorized capacity as Mayor of the City of Shannon Hills for the
consideration, uses and purposes therein mentioned and set forth.
My Commission Expires:
STATE OF ARKANSAS
)SS:
COUNTY OFPULASKI
Notary Public
CITY OF LITTLE ROCK
IC
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
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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, Larance M.
Davis, to me personally known, who stated that he had executed the above and foregoing
document in his duly authorized capacity as Mayor of the City of Shannon Hills for the
consideration, uses and purposes therein mentioned and set forth.
My Commission Expires:
)SS:
COUNTY OF PULASKI
Notary Public
CITY OF LITTLE ROCK
an
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:
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