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HomeMy WebLinkAbout2018-R-12 INTERLOCAL RE: ANIMAL SHELTER NOT SIGNED BY ALL ENTITIES RESOLUTION NO. 2018-R- 1 a A RESOLUTION APPROVING AND RATIFYING INTERLOCAL COOPERATION AGREEMENT FOR THE JOINT USE AND OPERATION OF THE JEFFERSONVILLE-CLARK COUNTY ANIMAL SHELTER WHEREAS, an Interlocal Agreement was entered into between Clark County, The City of Jeffersonville, the Town of Clarksville, the City of Charlestown, the Town of Sellersburg, the Town of Utica, and the Town of New Providence (Borden); and WHEREAS, this Agreement shall be for an initial term of three (3) years, commencing January 1, 2019, and ending on December 31, 2021; and WHEREAS, the purpose of this Agreement is to provide animal control services with a centrally operated animal shelter in the most efficient, economical, and professional manner possible by utilizing the existing Jeffersonville-Clark County Shelter facility for the benefit of all parties hereto; WHEREAS,the Common Council believes that it is in the best interest of the City to enter into this Interlocal Agreement; NOW THEREFORE, IT IS HEREBY RESOLVED that the Common Council of the City of Jeffersonville does hereby approve and ratify the Interlocal Agreement between Clark County, The City of Jeffersonville, the Town of Clarksville, the City of Charlestown, the Town of Sellersburg, the Town of Utica, and the Town of New Providence (Borden). Passed and adopted this 3 day of December, 2018, by the Common Council of the City of Jeffersonville, Clark County, Indiana. Azu Lisa Gill President A T ST: leV'AL4--) Vicki Conlin City Clerk Presented by me as City Clerk to the Mayor of the City of Jeffersonville this day of December 2018. 1.4 -24_• Vicki Conlin, City Clerk ao) R -ga\ This Resolution approved and signed by me this (Q day of December, 2018. Mi ,e Moore, Mayor INTERLOCAL COOPERATION AGREEMENT FOR THE JOINT USE AND OPERATION OF THE JEFFERSONVILLE-CLARK COUNTY ANIMAL SHELTER Whereas, each of the political subdivisions signatory hereto are desirous of providing animal control services to their constituents in the most efficient, economical, and professional manner possible; and, Whereas, a satisfactory facility commonly known as the Jeffersonville-Clark County Animal Shelter currently exists for said purposes; and, Whereas, Indiana Code 36-1-7-1 et. seq. provides statutory authority for Indiana political subdivisions to jointly exercise any power that could be exercised by any such subdivision individually. NOW, THEREFORE, BY THIS INDENTURE, it is agreed between Clark County, the City of Jeffersonville, the Town of Clarksville, the City of Charlestown, the Town of Sellersburg, the Town of Utica, and the Town of New Providence (Borden), all of which are Indiana political subdivisions (hereinafter called"Political Subdivisions"), entitled to jointly exercise such powers pursuant to the provisions of Indiana Code 36-1- 7-3, as follows: Section I. Term. This agreement shall be for an initial term of three (3) years, commencing January 1, 2019, and ending on December 31, 2021. Section II. Purpose It is the primary purpose of this Agreement to provide animal control services with a centrally operated animal shelter in the most efficient, economical, and professional manner possible by utilizing the existing Jeffersonville-Clark County Animal Shelter facility for the benefit of all parties hereto. Section III. Financing It is specifically agreed between the undersigned parties, whether jointly or severally, that the relative contribution from each political subdivision for the term, shall be as follows: Each of the parties shall be responsible for a percentage share (which is based upon each political subdivision's percentage of the county's population from the most recent U.S. Census) of the total annual operating expenses of the Animal Shelter, which shall be the total annual budget and shall not include those expenses that are the responsibility of each political subdivision not covered by this agreement. 1 Those percentages are as follows: Borden 1% $3,735 Charlestown 7% $26,145 Clarksville 20% $74,700 Sellersburg 6% $22,410 Utica 1% $3,735 County 24% $90,000 All funds owed for the joint operation and use of the Jeffersonville-Clark County Animal Shelter shall be payable to the office of the Jeffersonville Controller quarterly with payments due no later than March 1,June 1, September 1, and December 1 of the ensuing years during the term of this Agreement. Section IV. Additional Capital Expenditures For the purpose of this agreement it is presumed that the City of Jeffersonville shall contribute the balance of the remaining funds necessary to fully staff and operate the Jeffersonville-Clark County Animal Shelter. The sole exception to this provision is that in the event that immediate capital expenditures are necessary on an emergency basis to improve the conditions and operation of the facility, the City of Jeffersonville may petition the signatory political subdivisions hereto for an additional pro rata contribution towards such capital expenditures. Section V. Staffing It shall be the sole responsibility of the City of Jeffersonville, Indiana, to staff the Jeffersonville-Clark County Animal Shelter with administrative personnel for purposes of carrying out the duties and function of the shelter. In that regard, the Executive Director of the Jeffersonville-Clark Animal Shelter shall have full and exclusive control of all activities on the shelter premises in relation to the provision of animal control services to the public including the establishment of rules and procedures necessary for the operation. In addition, it shall be the sole duty of the City of Jeffersonville, Indiana, to establish and maintain a budget therefore. Section VI. Manner of Acquiring Property It is acknowledged between the signatory political subdivisions hereto that all right, title, and interest in the existing Jeffersonville-Clark County Animal Shelter is fully vested in the City of Jeffersonville, Indiana. In addition, the acquisition, holding, and disposal of real and personal property used in the joint undertaking for the provision of animal control services hereunder shall be done in the name of the City of Jeffersonville, Indiana. Section VII. Approval and Effective Date 2 The parties agree this Agreement shall be in full force and effect upon the last signature to the Agreement and filing with the Clark County Recorder's Office. However, in the event any parties do not participate, this Agreement shall act as binding obligation between the City of Jeffersonville, Indiana and each municipality that executes the Agreement at which time those municipalities shall be responsible for their respective contribution amount set forth above. Section VIII. Cat Diversion Program The City of Jeffersonville has implemented a community cat diversion program whereby outdoor, free-roaming community cats, including feral cats, will be spayed or neutered, ear-tipped, and vaccinated against rabies immediately after intake. Once medical care has been given, community cats are returned to their outdoor home area by the agency or citizen that brought the cat(s) to the Jeffersonville Animal Shelter. For the purpose of this agreement, municipal animal controls will be notified by Jeffersonville Animal shelter employees when a community cat is ready to be returned to its outdoor home area, whereby the participating municipality will retrieve cat from Jeffersonville Animal Shelter and return it. Jeffersonville is not responsible for the return of community cats that are intaked from the contracting municipality. 3 Clark County, Indiana By Ordinance of its County Commissioners, Passed and adopted The day of Attest: Auditor President, Clark County Commissioners 4 City of Jeffersonville, Indiana By Ordinance of its Commgn Council, assed and, adopted the 411--- day of Attest: / Clerk Mayor 5 Town of Borden, Indiana By Ordinance of its Town Council, Passed and adopted the day of Attest: Clerk President, Town Council 6 Town of Utica, Indiana By Ordinance of its Town Council, Passed and adopted the day Of , Attest: Clerk President, Town Council 7 Town of Clarksville, Indiana By Ordinance of its Town Council, Passed and adopted the day of Attest: Clerk President, Town Council 8 • City of Charlestown, Indiana By Ordinance of its Common Council, Passed and adopted the day Of , Attest: Clerk Mayor 9 . . Town of Sellersburg, Indiana By Ordinance of its Town Council, Passed and adopted the day Of • Attest: Clerk President, Town Council 10