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HomeMy Public PortalAboutORD13363 BILL NO. 2001-187 SPONSORED BY COUNCILMEN _Vincent Blaney, Vac�el ORDINANCE NO,____ AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, authorizing the Mayor and City Clerk to execute a Cooperative Prograrn/Volunteer Services Agreement with Man's Best Friend, Inc., a Missouri not-for-profit corporation. BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The Mayor and City Clerk are hereby authorized and directed to execute a Cooperative Program/Volunteer Services Agreement with Man's Best Friend, Inc. Section 2. The Agreement shall be substantially the same in form and content as the agreement attached hereto as Exhibit A. Section 3, This Ordinance shall be in full force and effect from and after the date of its passage and approval. Passed: Approved: �C�/0 C residing Officer Mayor ATTEST: APPROVED AS TO FORM: .mil.'. �"'_i,•t-''/ %1 �,//�. .j r�/.�i> �.� 1. City Clerk/ City~otinselor iM5 Cooperative Program/Volunteer Services Agreement 17his agreement is made and entered into this ' -,' day of March, 2002 by and between the City of Jefferson, Missouri, a Municipal Corporation of Missouri by and through its Animal Rescue Division hereinafter named the Division and Man's Best Friend, Inc., a Missouri Not-For-Profit Corporation hereinafter named MBF. WITNESSETH: WHEREAS,as a part of its public service responsibilities,the City of Jefferson Animal Rescue Division annually rescues over 4200 unwanted,starry and abandoned dogs front Jefferson City and the s111-rounding area;and WHEREAS, as the human population of the area increases the problem of unwanted, abandoned and stray dolts will continue to increase; and WHEREAS, one of the primary goals of the Animal Rescue Division is to find good homes for rescued animals; and WHEREAS, it is a further goal of the Animal Rescue Division to seek. way,, to increase the number of adoptions and to minimize euthanasiations; and WHEREAS, it has been recognized that dolts receive and provide many physical, emotional and mental health benefits when placed in good homes with individuals and families; and WHEREAS, studies have reaffirmed the many benefits of linking properly trained dogs with senior citizens in their homes and in nursing homes providing thein With needed companionship and malting their lives more meaningful; and WHEREAS,properlytlaitied dogs can also serve the needs and he companions to handicapped and other individuals; arid WHEREAS, there exists in the Jefferson City area Man's Bcst i-riend, Inc., a not-for-profit organization of dedicated, skilled and experienced volunteers which has is one of its goals increasing the numberof adoptions and minimizing the nurnberol cuthallasrations ncccssalryat the,f effclson City Animal Shelter; and WHEREAS,Man's Best Friend initially desires to work cooperatively With the Animal Rescue Division to select animals not adopted thrtr the normal process and appropriately train them as companion animals foradoption specificallyto the elderlyand others in special need circumstances;and WHEREAS, in cooperation v,rith the Animal Rescue Division, t.11e Department of Parks and Recreation has a.-reed to make available on all interim experimental basis certain underutilized portions of buildings and grounds in North Jefferson City for the special dolt training and adoption purposes herein stated. NOW, THEREFORE, for and in consideration for the use and improvement of a portion of said facilities and grounds, for the enhanceillent of undffStalldillg, cooperation improving the numberof animal adoptions,and for otherbenefits flowing to each party,the Animal Rescue Division and Man's Best Friend do hereby mutually agree as follows: I. PROGRAM SUPERVISION This Cooperative Program shall fall under the general supervision of the Division with MBF being responsible for implementation and day-to-day operation of programs and facilities as described herein. 2. VOLUNTEER SERVICES PROVIDED MBF will be responsible for the recruitment,training and scheduling of a sufficient.number of volunteers to effectivelycarryout the mission of this cooperative program. MBF will provide the Division with a list of volunteers who shall also be volunteers of the City of,Jefferson and shall receive the benefits of liability insurance coverage and workers' compensation protection as available to all other City volunteers. MBF shall be responsible for keeping the Division apprized of any changes in the volunteer list. 3. FACILITIES AND GROUNDS PROVIDED I11e Division,through the cooperation and approval ol*the Department.of Parks and Recreation agrees to make available approximately 2,150 square feet of underutilized space in the North Jefferson Multipurpose Building (former Cedar City School) on an interim and experimental basis for this cooperative program. '11ae niaximunn number of animals in the program and number of kennels in the building will initially be limited to seven. If the program is successful and the number of requests for trained animal adoptions exceeds supply, the Division may authorize an increase in animals and kennels provided there are sufficient MBF volunteers to handle the increased workload. MIT shall request any increase in writing and the Division shall approve any increase in writing. MBF shall be responsible for the solicitation of funds, materials, volunteers and services necessary to adapt the space to the specific needs and exclusive use of the program. Upon approval of the Department of Parks and Recreation,additional outdoorspace in the area of the building may be rnade available for the nonexclusive use of this cooperative program along with general public use. MBF- will be responsible for the care: and maintenance of indoor and outdoor areas used in the cooperative prognini. 4. SELECTION OF ANIMALS T1ie Division will assist MBF in selecting .animals which are good candidates for this training program. Selection shall be made from among those animals which have not been placed in good homes through the normal adoption process. MM volunteers will have the final decision as to whether or not a particular animal is well suited for placement in this training program. I1ze Division may, under extenuating circumstances and at its discretion,allow for selection of an animal at any time prior to completion of the normal ;adoption process. 5. ADOPTION, CARE, AND TRAINING OF ANIMALS BY MBF MBF will adopt animals from the Division for care and training as space is available within tlae 1.acilityand program. MBF volunteers will be responsible for conduct of animal training which shall include housebreaking, behavior control, and response to basic commands using non- punitive IlLiniane methods. MBU will provide sufficient volunteers ;and schedule them in such 2 manner to assure that animals are properlycared for and their facilities cleaned as necessary on a daily basis. MBF will also be responsible for the care, medical expenses, feeding, watering, exercising, and grooming of anirnals as necessary. Any animal adopted from the Division by NIBF shall not be returned by MIT to the Division. MBF shall follow all standards and guidelines necessary to become a licensed animal rescue facility by the Missouri Department of Agriculture and shall obtain this licensing prior to any animals being housed in the North Jef ferson City Multipurpose Building and shall maintain such licensing at all times under this cooperative program. G. MBF ADOPTION PROCEDURES .MBF may freely solicit applications from individuals, families, nursing homes,and other elder care organizations desiring to adopt a trained companion animal. Aie applications mayspecify special desires or needs of the individuals wishing to give the animal a borne and NMF will make its best effort to train animals to meet specific need requests. MBF will be responsible for matching animals and applicants which will riot necessarily be on a first-come first-served basis. Once a match is determined by MBF, applicants must complete the remaining administrative procedures and a copy of records of placement must be submitted to the Division. No animal will be released to N413F for final adoption under this program until such time as it has been spayed or neutered. MBF reserves the right to follow-up on individual adoption cases to assess the success of the adoption relative to the animal's behavior,to determine if the needs of the owner are being met, and to assure proper and humane care for the animal. If the adoption is not working as expected for the owner or if the animal is not being properly cared for, MBF shall have the authority to reclaim the animal for adoption to a more appropriate owner. Owners shall be notified of MBF's right to reclaim the animal after MITI' niatches the animal A,ith the owner. 7. ALLOCATION OF COSTS Ilse Division will provide normal services and vetineraty care: for the animals selected for this special training program while they are housed at the.leffcrson City Animal Rescue Shelter at no cost to MBF. MBF will bear all costs involved in the special supplemental adoption application process, expenses related to the selection, training and scheduling of volunteers, expenses for food and routine maintenance supplies for the stipulated facilities and for costs related to the actual training of the animals. Ilse Division will collect.normal adoption fees from MBF. MI3F is riot authorized to charge or collect any fees in excess of the Division's normal adoption fee but is permitted to accept donations or undertake other charitable fund-raising efforts to support operation of the program including minimizing costs to applicants. S. FUTURE COOPERATION The Division and MBF agree to explore other future cooperative efforts to place more animals in good homes and further minimi-re the need for euthanasia and reduce costs for operating the Division's Animal Rescue program. To facilitate cooperation, this agreement maybe modified with the written consent of both parties. 3 9. NONDIS 2RIMINA'I'ION Because this program will utilize propertyclesignated as a part of the Jefferson City Park System which has received federal assistance administered by the US Department of the Interior,both parties to this agreement agree to comply with certain obligations and provisions of Title VI of the 1964 Civil Rights Act. Ilic Cade of f,edcral Regulations,'Vitic 43, Part 17 provides that:"A recipient under any program to which this part applies may not.,directly or through contractual or other anangements,on the grounds of nice,color,sex,ornational origin,deny any individual anyservice, financial aid, or benefit provided tinder this progratn." '1"llis Paragraph is interpreted further that when federal,assistance is extended to any part within the system,the entire system including those parts not receiving federal assistance is subject to the obligations and prohibitions imposed by 'l"itle V1 of the 1964 Civil Rights Act and the provisions of'I'lle Gode of Federal Regulation, Title 43, Part 17. Underthe terms of'this agreement it is distinctly understood and agreed that the Division,MBF and its members agree to comply with the above provision to Titic VI of the Civil Rights Act of 1964 as required for the conduct of its operations related to this Cooperative Program. 10. TERM OF THE AGREEMEN'C This experimental cooperative program agreement shall be in effect from its signing through March 1, 2003. With the consent of both panics, the agreement may be extended for two (2) additional one year periods. In the event the parties fail to renew this agreement in timely manner, it shall hold over and continue as described herein until such time as either party shall give written notice to the otherpan:yof termination of this cooperative agreement which notice shall be given a minimum of thirty(30) days in advance of the termination date. Either party may terminate this agreement by giving thirty (30) days advance written notice to the other Party 11. NOTICES All notices required to be in writing maybe given byfirst class mail addressed to the Nlayor,c/o the City of Jefferson, 320 East McCarty,Jefferson City, Missouri, 65101, and the Registered Agent of Man's Best Friend,Ronald L,Frala, 1524 Southwest Blvd.,P.O.Box 104826,Jefferson City, Missouri, 65110. 12. JURISDICTION 'I11is agreement and everyquestion arising hereunder shall be interpreted according to the laws and statutes of the State of Missouri. 4 IN WI'T'NESS WHEREOF, the patties to this agreemetit have e%&'t Led the same . 1 t; ity of Tef erson dent,Man's Best Friend, Inc. ATM S'T": A'I'l'I`ST: City Clcic 5ccrct:u an's Best Friend, C. .APPROVED AS TO RM: City Counselor. 5