HomeMy Public PortalAboutORD11264 BILL NO.
SPONSORED BY COUNCILMAN MASON
ORDINANCE NO. l /.2.6
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH COLE COUNTY FOR
THE EXPANSION OF THE CITY ANIMAL SHELTER.
BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI,
AS FOLLOWS:
Section 1. The Mayor and Clerk are hereby authorized and
directed to execute an agreement with Cole County for the expansion
of the City animal shelter.
gection 2. The agreement shall be substantially the same in
form and content as that agreement attached hereto as Exhibit A.
gection 3. This Ordinance shall be in full force and effect
from and after the date of its passage and approval.
Passed Approved ei
V elf
di fficer
ATTEST:
i
City Clerk
JOINT AGREEMENT FOR CONSTRUCTION AND OPERATION OF ANIMAL SHELTER
Agreement entered into this 17 day of , 19891
between the City of Jefferson, Missouri, a mun ip corporation
hereinafter referred to as "City," and the County of Cole, a body
politic 'of the State of Missouri, hereinafter referred to as
"County" .
WITNESSETH:
WHEREAS, the County requires space for the sheltering of
animals and is desirous of cooperating with the City in resolving
the problems of providing sufficient space and improved access to
new facilities; and
WHEREAS, it would be mutually advantageous and to the benefit
of both the City and the County to jointly cooperate in the
acquisition of sites and construction of improvements in order that
a complete and cohesive plan be developed for the greatest benefit
of both parties;
NOW, THEREFORE, In consideration of the mutual promises
hereinafter set forth, it is agreed as follows:
1. The City agrees to provide the site known as 1911 East
Miller for the location of an enlarged facility.
2. City agrees to proceed with the preparation of plans and
specifications for construction of an addition to the City's animal
shelter, including the retention of an architect and to provide
approximately 1400 square feet of new and 550 square feet of
remodeled contiguous space on the site specified in paragraph 1,
above. The County shall have the right to review and approve said
plans and specifications before bids are requested.
3 . Upon completion of the addition to the shelter, the
County shall be entitled to joint use of the facility so long as
they participate in the operational costs as herein provided.
4. The City agrees that upon completion and approval of the
plans and specifications for the shelter addition, the City will
advertise for bids for construction of this structure, award the
contract therefore, and supervise its construction. The County
shall have the right to review all bids received for construction
of the shelter. The City and County must agree on the awarding of
the bid before construction shall proceed.
5. The City agrees that it shall provide for the following:
a. Enlargement and construction shall be on City owned
property.
. b. Insurance of expanded shelter.
c. City shall provide all supervision. Employees will
be City employees.
6. The County agrees that as its share of the cost it shall
provide for the following:
a. County will pay for architectural services as set
forth in paragraph 2.
b. County will pay for construction as set forth in
paragraph 4.
c. County will reimburse the City for shelter
operational expenses commencing upon the date the
expanded facility is occupied, as set forth below:
County assessment to be based upon a portion of the
total cost of operating the shelter, based on the
percentage of County animals sheltered to the total
number of animals sheltered. The total cost shall
include employee salaries and all benefits and
employer's taxes, supplies, utilities, insurance,
medications and professional fees for the entire
shelter after enlargement. Payments shall be made
on a quarterly basis, after having received a
detailed listing of costs from the City.
7. The City shall retain title to the shelter, and in
addition, the City shall provide for the operation and maintenance
of such building.
S. In the event the County fails to perform its obligations
under this agreement, the City may proceed with such performance
and charge the County for the cost of so performing.
9. In the event the City fails to commence construction of
the aforementioned addition to the City shelter on the site
described in paragraph 1 of this agreement, by July 1, 1990, or in
the event the City fails to use and occupy said addition by July
1, 1921, then the County shall have the right to terminate this
agreement by written notice thereof, in which event the City shall
return to the County any of its money previously expended.
10. It is further agreed that in the event the City shall
cease to use the shelter for City purposes, the County shall have
the option to purchase said building at its then fair market value.
11. Nothing contained in this agreement shall prevent the
City from leasing space to another governmental agency or quasi-
governmental body.
12. Each of the parties hereto agrees to pass such
. legislation and execute such instruments from time to time as may
be necessary to effectuate the terms and conditions of this
agreement.
13. in no event shall the City be liable to the County, or
any person, partnership, corporation, or other entity for special,
indirect, or consequential damages, except those caused by City's
negligence, or arising out of or in any way connected with a breach
of performance of this agreement.
14. The parties herein shall assume any liability for all
damages or claims for damages which are the result of each party's
negligence and which are attributable to said party. The City does
not assume or accept any liability or responsibility for any
negligent acts or admissions of the County or the County's
employees and agents. The County does not assume or accept any
liability or responsibility for any negligent acts or admissions
of the City or the City's employees and agents.
15. The County shall have the right to terminate this
contract upon ninety (90) days written notice. The County shall
be responsible for all financial commitments made prior to the date
of termination. The City shall have the right to terminate this
agreement" after five (5) years from the date of completion of the
expansion. The City shall give the County ninety (90) days written
notice of its intent to terminate.
IN WITNESS WHEREOF the parties hav he eunto set their hands and
seals this 7 day of , 1989.
CITY OF JEFFERSON COUNTY OF COLE
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Mayor ,o/mJmiisssioner
ATTEST:
Ciis'oner
i y Clerk C sio ner
ATTEST:
r
County Cle k