Loading...
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 A4,44-, &Ar�� Mayor ,o/mJmiisssioner ATTEST: Ciis'oner i y Clerk C sio ner ATTEST: r County Cle k